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The Civil Aviation (Navigation Services Charges) Regulations 1991

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

1.—(1) 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 set out in this paragraph 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.

(2) 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, 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 a notice as is prescribed by paragraph 2 of this Schedule, and shall also, unless in that case it is impracticable to so do, 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 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.

(3) If any person who has been served with a notice in accordance with sub-paragraph (2) of this paragraph informs the CAA 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.

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