The Air Navigation (Overseas Territories) Order 2013

PART 2 REGISTRATION AND MARKING OF AIRCRAFT

Aircraft to be registered

14.—(1) An aircraft must not fly in or over the Territory unless it is registered in—

(a) a Contracting State; or

(b) some other country with which there is in force an agreement between Her Majesty’s Government in the United Kingdom and the Government of that country which makes provision for the flight over the Territory of aircraft registered in that country.

(2) Any aircraft may fly unregistered on any flight which—

(a) begins and ends in the Territory without passing over any other country; and

(b) is in accordance with the conditions of a permit issued by the Governor.

(3) Paragraph (1) does not apply to any kite or captive balloon.

(4) If an aircraft flies in or over the Territory in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in the Territory an offence against this Order would have been committed, the same offence is deemed to have been committed in respect of that aircraft.

Registration of aircraft in the Territory

15.—(1) The Governor is the authority for the registration of aircraft in the Territory and is responsible for maintaining the register in a legible form.

(2) An aircraft must not be registered or continue to be registered in the Territory if it appears to the Governor that—

(a) the aircraft is registered outside the Territory and that such registration does not cease by operation of law upon the aircraft being registered in the Territory;

(b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share in the aircraft;

(c) the aircraft could more suitably be registered in some other Contracting State; or

(d) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in the Territory.

Qualifications for registration

16.—(1) The following persons are qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Territory or a share therein—

(a) the Crown in right of Her Majesty’s Government in the United Kingdom or in right of the Government of the Territory;

(b) British Nationals, British Overseas Territories Citizens and British protected persons;

(c) persons ordinarily resident or domiciled in the Territory;

(d) bodies incorporated and having a registered office in the Territory or in the United Kingdom.

(2) If an unqualified person residing or having a place of business in the Territory holds a legal or beneficial interest by way of ownership in an aircraft, or a share in an aircraft, the Governor may register the aircraft in the Territory upon being satisfied that the aircraft may otherwise be properly registered.

(3) If an unqualified person has registered an aircraft under paragraph (2), that aircraft must not be used for the purpose of commercial air transport or aerial work while it is so registered.

(4) If an aircraft is chartered by demise to a qualified person the Governor may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest in the aircraft, register the aircraft in the Territory in the name of the charterer by demise upon being satisfied that the aircraft may otherwise be properly registered.

(5) Subject to the provisions of this Part, an aircraft registered under paragraph (4) may remain registered during the continuation of the charter.

Application for registration

17.—(1) An application for registration of an aircraft in the Territory must be made in writing to the Governor and must include or be accompanied by the particulars and information specified in the Governor’s published requirements.

(2) Upon receiving an application for the registration of an aircraft in the Territory, the Governor must register the aircraft upon being satisfied that the aircraft may properly be so registered and must include in the register such particulars that the Governor may specify.

(3) The Governor must supply to the registered owner a certificate of registration.

Changes to the register

18.—(1) If, at any time after an aircraft has been registered in the Territory, an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share in the aircraft, the registration of the aircraft becomes void and the registered owner must immediately return the certificate of registration to the Governor.

(2) Any person who is the registered owner of an aircraft registered in the Territory must immediately inform the Governor in writing of—

(a) any change in the information that was supplied to the Governor when the application was made for the registration of the aircraft;

(b) the destruction of the aircraft, or its permanent withdrawal from use; or

(c) the termination of the demise charter in the case of an aircraft registered under article 16(4).

(3) Any person who becomes the owner of an aircraft registered in the Territory must inform the Governor in writing within 28 days of becoming the owner.

(4) The Governor may, whenever it appears necessary or appropriate to do so for giving effect to this Part or to correct or bring the register up to date, amend the register or cancel the registration of an aircraft, and the Governor must cancel that registration within two months upon being satisfied that there has been a change in the ownership of the aircraft.

General provisions

19.—(1) The Governor may, by regulations, adapt or modify the provisions of this Part as the Governor considers necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the Territory register, either generally or in relation to a particular case or class of cases.

(2) In this Part references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of membership of a flying club and references in this Part to the registered owner of an aircraft includes, in the case of a deceased person, his or her legal personal representative, and in the case of a body corporate which has been dissolved, its successor.

(3) Nothing in this Part requires the Governor to cancel the registration of an aircraft if the Governor does not consider it in the public interest to do so.

Aircraft subject to a mortgage

20.  The registration of an aircraft which is the subject of an undischarged mortgage entered in the Register of Aircraft Mortgages kept in the Territory under legislation in force in the Territory relating to the mortgaging of aircraft, does not become void by virtue of this Part, nor without prejudice to the Governor’s powers under articles 15(2) and 18(4) may the Governor cancel the registration of such an aircraft under this Part unless all persons shown in the Register of Aircraft Mortgages as mortgagees of that aircraft have consented to the cancellation.

Provision of information

21.  When requested to do so the Governor must transmit to the Civil Aviation Authority particulars of all registrations, and of changes in or cancellations of registrations, entered in the register in such form as the Civil Aviation Authority specifies.

Nationality and registration marks

22.—(1) An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) must not fly unless it has painted or fixed on it, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.

(2) The nationality mark to be borne by aircraft registered in the Territory shall consist of a group of two capital letters in Roman character and the registration mark shall consist of a group of three capital letters in Roman character and both the nationality mark and the registration mark must comply with requirements published by the Governor under article 5.

(3) An aircraft must not bear any marks which would indicate—

(a) that the aircraft is registered in a country in which it is not in fact registered; or

(b) that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks.

(4) Marks approved by the Governor for the purposes of flight in accordance with a permit to fly do not mean that the aircraft is registered in a country in which it is not in fact registered.