SCHEDULE 9 U.K. Detention and sale of aircraft

Interpretation U.K.

1.  In this Schedule—

“aerodrome” has the meaning given to it in section 105(1) of the Civil Aviation Act 1982 F1 ;

“aerodrome operator” means the person for the time being having the management or control of an aerodrome;

“aircraft documents” has the meaning given by section 88(10) of the Civil Aviation Act 1982 F2 ;

“airport charges” means charges payable to the owner or manager of an aerodrome for the use of, or for services provided at, an aerodrome (but does not include charges payable by virtue of section 73 of the Transport Act 2000 F3 );

“civil penalty” means any civil penalty which is due under regulation 50, under regulation 21 of the 2009 Regulations or regulation 30 of the 2010 Regulations (even where the failure giving rise to that civil penalty arose before 1st January 2012);

“the court” means—

(a)

in relation to England, Wales and Northern Ireland, the High Court; and

(b)

in relation to Scotland, the Court of Session;

“defaulting operator” means a person who falls under regulation 39(1)(a) or (b);

“operating ban” means an operating ban imposed under Article 16(10) of the Directive;

“regulator expenses” means any expenses incurred by the regulator in detaining, keeping or selling an aircraft, including—

(a)

any sums recovered from the regulator under paragraph 7(2) or regulation 21(2), or any sums under paragraph 2(4)(b) of Schedule 10 that have not been recovered under paragraph 2(5) of that Schedule;

(b)

any expenses in connection with the application to the court under paragraph 4; and

(c)

any regulator expenses that are deemed to be added by virtue of paragraph 3(2).

Textual Amendments

F1 1982 c. 16; there are amendments to section 105(1) that are not relevant.

F2 There are amendments to section 88(10) that are not relevant.

F3 2000 c. 38.