39.—(1) Where a person (“P”) is—
(a)a UK administered operator who has not paid a civil penalty within the period of 6 months beginning with the date by which it is due, or
(b)the subject of an operating ban imposed under Article 16(10) of the Directive,
the regulator may detain a relevant aircraft.
(2) For the purposes of paragraph (1)—
(a)a “civil penalty” is any penalty imposed—
(i)under Part 7; or
(ii)under the 2010 Regulations in respect of a failure to comply with those Regulations on or after 1st January 2012; and
(b)a “relevant aircraft” is any aircraft of which the regulator has reason to believe that P is the operator.
(3) Schedule 9 makes further provision about the detention of aircraft under this regulation, and about the sale of aircraft following such detention.
(4) For the purposes of paragraph (2), and of Schedules 9 and 10, the operator of an aircraft is the person using the aircraft to perform an aviation activity (and “operate” has the corresponding meaning).
40. Schedule 10 has effect in relation to—
(a)requests to the European Commission made by the Secretary of State under Article 16(5) of the Directive for the imposition of an operating ban on a UK administered operator; and
(b)the enforcement of any operating ban imposed under Article 16(10) of the Directive.