The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Procedure for applying for leave to sell an aircraft U.K.

8.—(1) The following procedure applies where the regulator proposes to apply to the court for leave to sell an aircraft under paragraph 4.

(2) At least 21 days before applying to the court the regulator must, unless it is impracticable to so do, serve a notice in accordance with sub-paragraph (5) on—

(a) the person in whose name the aircraft is registered;

(b) any person who appears to the regulator to be the owner of the aircraft;

(c) any person who appears to the regulator to be a charterer of the aircraft whether or not by demise;

(d) any person who appears to the regulator to have the management of the aircraft for the time being;

(e) any person who appears to the regulator to be the operator of the aircraft;

(f) any person who is registered as a mortgagee of the aircraft under an Order in Council made under section 86 of the Civil Aviation Act 1982 F1 or who appears to the regulator to be a mortgagee of the aircraft under the law of any country other than the United Kingdom;

(g) any other person who appears to the regulator to have a proprietary interest in the aircraft or any part of it [F2 (including an international interest within the meaning of the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015) ].

(3) Where a person who has been served with a notice in accordance with sub-paragraph (2) informs the regulator within the period of 14 days beginning with the day following service of the notice of the person's desire to become a party to the proceedings, the regulator must make that person a party to the application.

(4) At the same time as serving any notice under sub-paragraph (2), the regulator must publish a copy of that notice—

(a) in the London Gazette and—

(i) if the aircraft is detained in Scotland, the Edinburgh Gazette, or

(ii) if it is detained in Northern Ireland, the Belfast Gazette; and

(b) in one or more local newspapers circulating in the locality in which the aircraft is detained.

(5) A notice under sub-paragraph (2) must—

(a) state the nationality and registration marks of the aircraft;

(b) state the type of aircraft;

(c) state, as the case may be, the matters mentioned in sub-paragraph (6) or (7);

(d) invite the person to whom the notice is given to inform the regulator within 14 days after the date of service of the notice if the person wishes to become a party to the proceedings on the application.

(6) The matters mentioned in this sub-paragraph are that—

(a) by reason of default in the payment of a civil penalty, the regulator, on a date specified in the notice, detained the aircraft under these Regulations; and

(b) unless payment of the sum so due is made within a period of—

(i) 56 days beginning with the date when the detention began, or

(ii) 21 days after the date of service of the notice, if later,

the regulator may (subject to the provisions of this Schedule) apply to the court for leave to sell the aircraft.

(7) The matters mentioned in this sub-paragraph are that—

(a) by reason of an operating ban having been imposed on the operator of the aircraft under Article 16(10) of the Directive the regulator, on a date specified in the notice, detained the aircraft under these Regulations; and

(b) unless the operating ban has been lifted within the period of 56 days beginning with the date on which the detention began and the operator of the aircraft has paid the regulator expenses by a date specified in the notice, the regulator may (subject to the provisions of this Schedule) apply to the court for leave to sell the aircraft.

(8) A notice under sub-paragraph (2) must be served by the regulator—

(a) delivering it to the person to whom it is to be sent;

(b) leaving it at that person's usual or last known place of business or abode;

(c) sending it, addressed to that person at that person's usual or last known place of business or abode, by a registered post service or by a postal service which provided for the delivery of the notice by post to be recorded; or

(d) if the person to whom it is to be sent is an incorporated company or body, delivering it to the secretary, clerk or other appropriate officer of the company or body at its registered or principal office or sending it, addressed to the secretary, clerk or other officer of the company or body at that office, by a registered post service or by a postal service which provides for the delivery of the notice by post to be recorded.

(9) In sub-paragraph (8), “registered post service” and “postal service” have the meaning given in section 125(1) of the Postal Services Act 2000 F3 ; and any notice which is sent by a postal service in accordance with that sub-paragraph to a place outside the United Kingdom must be sent by air mail or by some other equally expeditious means.

Textual Amendments

F1 1982 c. 16.

F2 Words in Sch. 9 para. 8(2)(g) added (coming into force in accordance with reg. 2 of the amending S.I.) by The International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 (S.I. 2015/912), reg. 2, Sch. 5 para. 5 (with reg. 51)

F3 2000 c. 26.