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The Serbia and Montenegro (United Nations Sanctions) (Channel Islands) Order 1993

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Impounding of aircraft

6.—(1) It shall be the duty of an airport operator to take all such steps as may be necessary to secure that any aircraft to which this article applies which is at his airport shall be impounded at that airport.

(2) Without prejudice to the generality of paragraph (1) of this article, such steps may include—

(a)requesting the commander or operator of the aircraft to move it, or to secure that it is moved, to another part of the airport, and

(b)the placing of obstacles in the path of a parked aircraft to prevent it from leaving its parked position.

(3) Any person who, without reasonable excuse—

(a)obstructs an airport operator, his servants or agents acting in accordance with the provisions of this article,

(b)refuses or fails within a reasonable time to comply with a request made by any such persons made in accordance with paragraph (2)(a) above, or

(c)interferes with any such obstacle as is referred to in paragraph (2)(b) above,

shall be guilty of an offence under this Order.

(4) Nothing in this article shall preclude the airport operator or, in the case of the Bailiwick of Jersey, the Harbours and Airport Committee levying airport charges.

(5) The airport operator may recover impounding expenses from the owner of an impounded aircraft.

(6) This article applies to any aircraft—

(a)which the airport operator has reason to believe is either majority owned by or effectively controlled by a person connected with Serbia or Montenegro, or

(b)which is detained by virtue of article 3 and in respect of which in the case of the Bailiwick of Guernsey the Board or in the case of the Bailiwick of Jersey the Attorney General determines that the said aircraft has been used in violation of the United Nations resolutions.

(7) A certificate given by or on behalf of the Board or the Attorney General, as the case may be, stating that it has been determined that an aircraft has been used in violation of the United Nations resolutions shall be conclusive evidence of that matter.

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