The Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 2014

Registration of aircraft

4.  After article 20 (aircraft subject to a mortgage) insert—

“Aircraft subject to an international interest

20A.— (1) This article applies to an aircraft which is—

(a) the subject of an international interest and which has been registered at the International Registry in accordance with Chapter 4 of the Cape Town Convention; and

(b) in respect of which there is recorded, in accordance with the law of the Territory, in the register of the Territory maintained by the Governor in accordance with article 15, an irrevocable de-registration and export request authorisation in respect of the aircraft.

(2) The registration of such an aircraft does not become void by virtue of article 18(1).

(3) The Governor may cancel the registration of such an aircraft under article 18(4) only in pursuance of an application made by the person who is recorded in the register as the authorised party under the irrevocable de-registration and export request authorisation in respect of the aircraft.

(4) The requirement under article 20 for the Governor to obtain the consent of all persons shown in the Register of Aircraft Mortgages as being mortgagees of that aircraft does not apply to an aircraft to which this article applies.

(5) Paragraph (4) is subject to any transitional provisions under the law of the Territory in respect of Article 60 of the Cape Town Convention.

(6) In this article—

“creditor” has the same meaning as in Article 1(i) of the Cape Town Convention; “international interest” means an interest held by a creditor to which Article 2 of the Cape Town Convention applies;

“International Registry” means the international registration facilities established for the purposes of the Cape Town Convention and the Aircraft Protocol; and

“irrevocable de-registration and export request authorisation” means an authorisation in respect of which the United Kingdom has made a declaration in respect of the Territory pursuant to Article XXX(1) of the Aircraft Protocol.”.