(This note is not part of the Order)
Amendments are made to Part 2 of the Air Navigation (Overseas Territories) Order 2013 (“the Order”), in order to facilitate any extensions of the ratification by the United Kingdom of the Convention on International Interests in Mobile Equipment, signed at Cape Town on 16th November 2001 (“the Cape Town Convention”), and the Protocol to the Cape Town Convention on Matters Specific to Aircraft Equipment (“the Aircraft Protocol”), to the Overseas Territories.
This Order provides that the registration of an aircraft in respect of which there is registered an international interest and in respect of which there is recorded in the register of the Territory, an irrevocable de-registration and export request authorisation in respect of the aircraft does not cease to be valid if an unqualified person subsequently becomes entitled to a property interest in the aircraft. (Article 4)
This Order also provides that the Governor must cancel the registration of an aircraft registered in the register of aircraft of an Overseas Territory if satisfied that a person wishes, and is entitled, under the law of the Territory, to procure the de-registration of the aircraft. (Articles 3 and 4)
The amendments come into effect in a Territory when a declaration has been deposited by the United Kingdom with UNIDROIT (the International Institute for the Unification of Private Law) in respect of that Territory.
The date that the amendment come into force in an Overseas Territory, following the deposit of the declaration at UNIDROIT, will be published in the official government Gazette of the Overseas Territory in respect of which such a declaration has been so deposited and on a list to be published on www.direct.gov.uk.
A copy of the Cape Town Convention and the Aircraft Protocol can be downloaded from the Unidroit website at http://www.unidroit.org/instruments/security-interests/cape-town-convention.