Paragraph 1 Steps to be taken to bring proposed application to court to the notice of interested persons and afford them an opportunity of becoming a party to the proceedings

The CAA, if it proposes to apply to the court for leave to sell an aircraft under these Regulations, shall take such of the following steps for bringing the proposed application to the notice of persons whose interests may be affected by the determination of the court thereon and for affording to any such person an opportunity of becoming a party to the proceedings on the application as are applicable to the aircraft—

(1)

At least 21 days before applying to the court, the CAA shall publish—

(i)

in the London Gazette and also if the aircraft is detained in Scotland, in the Edinburgh Gazette, or if it is detained in Northern Ireland, in the Belfast Gazette; and

(ii)

in one or more local newspapers circulating in the locality in which the aircraft is detained

such notice as is prescribed in paragraph 2 of this Schedule, and shall also, unless in that case it is impracticable to do so, serve such a notice, in the manner so prescribed, on each of the following persons:

(a)

the person in whose name the aircraft is registered;

(b)

the person, if any, who appears to the CAA to be the owner of the aircraft;

(c)

any person who appears to the CAA to be a charterer of the aircraft whether or not by demise;

(d)

any person who appears to the CAA to be the operator of the aircraft;

(e)

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 CAA to be a mortgagee of the aircraft under the law of any country other than the United Kingdom;

(f)

any other person who appears to the CAA to have a proprietary interest in the aircraft.

(2)

If any person who has been served with a notice in accordance with sub-paragraph (1) of this paragraph informs the CAA in writing within 14 days of the service of the notice of his desire to become a party to the proceedings the CAA shall make that person a defendant to the application.

Annotations

Footnotes

f1: 1982 c. 16; section 86 was amended by section 314(2) of and paragraph 64(b) of Schedule 13 to the Merchant Shipping Act 1995 (c. 21).