Part I

Air traffic
Chapter IV

Charges for air services

Miscellaneous

Detention and sale.
83
1
The Secretary of State may make regulations containing—
a
provision which, in the case of default by an operator in paying a charge payable by virtue of section 73, authorises the detention (pending payment) of any aircraft falling within subsection (2);
b
provision which, in the case of default by an operator in complying with a requirement imposed by regulations made under section 81 to produce records for inspection or provide particulars of records, authorises the detention (pending compliance) of any aircraft of which he is the operator when detention begins;
c
provision which authorises the sale of any detained aircraft if the default is not remedied within a specified period.
2
These aircraft fall within this subsection—
a
the aircraft in respect of which the charge was incurred (whether or not the person who is the operator of the aircraft when detention begins is the defaulter);
b
any aircraft of which the defaulter is the operator when detention begins.
3
Regulations under subsection (1) may—
a
provide that detention (or continued detention) is authorised only in specified circumstances or at specified places;
b
provide that in specified circumstances detention is authorised only if a specified person consents;
c
provide that sale is authorised only in specified circumstances (which may relate to the court’s consent, to be given only in specified circumstances);
d
specify the descriptions of person authorised to detain or sell aircraft;
e
provide for the power of detention or sale to extend to other matters (such as the aircraft’s equipment);
f
provide for the application of the proceeds of sale;
g
provide for them to be applied in a specified order;
h
make provision corresponding to any provision made by or under section 88 of the Civil Aviation Act 1982 (detention and sale of aircraft for unpaid airport charges);
i
generally make such provision as the Secretary of State thinks is necessary or expedient to secure detention or sale.
S. 83 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
1982 c. 16.