SCHEDULE 9Detention and sale of aircraft

Proceeds of sale5

1

The proceeds of any sale under this Schedule must be applied by the regulator in the following order—

a

in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;

b

in payment of any regulator expenses that remain unpaid;

c

in payment of any charges in respect of any aircraft operated by the defaulting operator which the court has found to be due by virtue of section 73(1) of the Transport Act 2000;

d

in payment of any airport charges incurred in respect of the aircraft which are due from the defaulting operator to the person entitled to levy charges in respect of the aerodrome at which the aircraft was detained under regulation 39(1);

e

in relation to a detention under regulation 39(1)(a), in payment of the civil penalty in respect of which the aircraft was detained and sold;

f

in payment of any other civil penalty that the defaulting operator has not paid.

2

The regulator must, after making the payments under sub-paragraph (1), pay any residue from the proceeds of sale to the person or persons whose interests have been divested by reason of the sale.