(This note is not part of the Regulations)
These Regulations provide for the detention and sale of aircraft on behalf of Eurocontrol where default is made in the payment to Eurocontrol of charges for air services specified by the Civil Aviation Authority (“the CAA”) by virtue of section 73 of the Transport Act 2000.
With the consent of Eurocontrol, the CAA or an authorised person may detain either the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins) or any other aircraft of which the person in default is the operator at the time when the detention begins. If the charges are not paid within 56 days of the date when the detention begins the CAA may sell the aircraft in order to satisfy the charges (regulation 4).
The CAA or an authorised person shall not detain or continue to detain an aircraft on behalf of Eurocontrol if the operator of the aircraft or any other person claiming an interest therein disputes that the charges are due or that the charges in question were incurred in respect of the aircraft which is detained and gives to Eurocontrol pending the determination of the dispute sufficient security for the payment of the charges which are alleged to be due (regulation 5).
The CAA shall not sell an aircraft on behalf of Eurocontrol without the leave of the court and the court shall not give leave except on proof that a sum is due to Eurocontrol, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale (regulation 6).
Before applying to the court for leave to sell the aircraft on behalf of Eurocontrol the CAA shall take steps for bringing the proposed application to the notice of interested persons and affording them an opportunity of becoming a party to the proceedings. If leave to sell the aircraft is given the CAA shall secure that the aircraft is sold for the best price that can be reasonably obtained. If any person suffers loss in consequence of a failure by the CAA to comply with the steps required action may be taken against the CAA but once the sale has taken place its validity cannot be impugned (regulation 7 and the Schedule).
The order of application of the proceeds of sale of the aircraft is set out in regulation 8.
The power of detention and sale extends to the equipment of the aircraft, any stores for use in connection with its operation and any aircraft documents carried in it. Any such documents may be transferred by the CAA to the purchaser of the aircraft (regulations 9 and 10).
The power to detain an aircraft on behalf of Eurocontrol may be exercised on any occasion when the aircraft is on any aerodrome to which section 88 of the Civil Aviation Act 1982 applies and to certain airports in Northern Ireland (regulation 11).