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

Forfeiture of aircraft and cargo

9.—(1) In any case where—

(a) an aircraft is impounded pursuant to article 6 and, in the case of an aircraft referred to in article 6(6)(a), the relevant authority determines that the aircraft has been used in violation of the United Nations resolutions, or

(b) aircraft cargo is detained by virtue of article 3, and the relevant authority determines that the cargo has been carried in violation of the United Nations resolutions,

the relevant authority may order that the aircraft or cargo, as the case may be, shall be forfeited to—

(i) in the case of the Bailiwick of Guernsey, that authority, or

(ii) in the case of the Bailiwick of Jersey, the States of Jersey.

(2) In a case where the relevant authority orders that an aircraft or cargo shall be so forfeited it shall secure that the aircraft or cargo is sold for the best price that can reasonably be obtained.

(3) Failure to comply with the requirement in paragraph (2) of this article shall not, after the sale has taken place, be a ground for impugning the validity of the sale.

(4) The proceeds of any sale of an aircraft under this article shall be applied as follows, and in the following order, that is to say—

(a) in payment of any duty (whether of customs or excise) which is chargeable in consequence of the aircraft having been imported into the Bailiwick of Guernsey or the Bailiwick of Jersey;

(b) in payment of the expenses incurred by the relevant authority in effecting the forfeiture of the aircraft and its sale;

(c) in payment of any airport charges and impounding expenses due in respect of the aircraft;

(d) in payment of any charge in respect of the aircraft which is due by virtue of regulations made under section 73 of the Civil Aviation Act 1982;

(e) subject to article 10 of the 1992 Order, in payment (where necessary pro rata) to or among the person or persons whose interests in the aircraft have been divested by reason of the forfeiture and sale, and in respect of whom it does not appear to the relevant authority that he or they have been party or privy to a violationof the United Nations resolutions;

(f) to the States of Guernsey or the annual income of the States of Jersey, as the case may require.

(5) The proceeds of any sale of cargo under this article shall be applied as follows and in the following order, that is to say—

(a) in payment of any duty (whether of customs or excise) which is chargeable in consequence of the cargo having been imported into the Bailiwick of Guernsey or the Bailiwick of Jersey;

(b) in payment of the expenses incurred by the relevant authority in effecting the forfeiture of the cargo and its sale;

(c) in payment of cargo storage charges;

(d) subject to article 10 of the 1992 Order, in payment (where necessary pro rata) to or among the person or persons whose interests in the cargo have been divested by reason of the forfeiture and sale, and in respect of whom it does not appear to the relevant authority that he or they have been party or privy to a violation of the United Nations resolutions;

(e) to the States of Guernsey or the annual income of the States of Jersey, as the case may require.

(6) For the purposes of this article, forfeiture in the case of an aircraft shall extend to—

(a) the equipment of the aircraft and any stores for use in connection with its operation (being equipment or stores carried in the aircraft); and

(b) any aircraft documents carried in the aircraft;

and any such documents may, if the aircraft is sold by the relevant authority, be transferred by it to the purchaser.