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The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009

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Proceeds of sale

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33.  (1)  The proceeds of any sale under these Regulations must be applied by the regulator in the following order—

(a)in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;

(b)in payment of the expenses incurred by the regulator in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;

(c)in payment of any charges in respect of any aircraft operated by the aircraft operator which the court has found to be due by virtue of section 73(1) of the Transport Act 2000(1);

(d)in payment of any airport charges incurred in respect of the aircraft which are due from the aircraft operator to the person entitled to levy charges in respect of the aerodrome at which the aircraft was detained under regulation 30(1);

(e)in payment of the civil penalty in respect of which the aircraft was detained and sold;

(f)in payment of any other civil penalty that the aircraft operator has not paid which is due under regulation 21(3) or (4), even where the failure giving rise to that civil penalty arose before 1st January 2012.

(2) The regulator must, after making the payments under paragraph (1), pay any residue from the proceeds of sale to the person or persons whose interests have been divested by reason of the sale.

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