SCHEDULE 9Detention and sale of aircraft

Court procedures4

1

The regulator must not sell an aircraft under paragraph 2 without the leave of the court.

2

The court must not give leave under sub-paragraph (1) in relation to a detention under regulation 39(1)(a) except where it is satisfied that—

a

a civil penalty is due to the regulator;

b

the UK administered operator has not paid the civil penalty to the regulator; and

c

the regulator is entitled to apply to the court for leave to sell the aircraft.

3

The court must not give leave under sub-paragraph (1) in relation to a detention under regulation 39(1)(b) except where it is satisfied that—

a

an operating ban has been imposed on the person who is the operator of the aircraft;

b

the operating ban has not been lifted before the expiry of the period mentioned in paragraph 2(b); and

c

the regulator is entitled to apply to the court for leave to sell the aircraft.

4

Before applying to the court for leave under sub-paragraph (1) the regulator must, in accordance with the procedure set out in paragraph 8—

a

take steps for bringing the proposed application to the notice of any person who may have an interest in the aircraft; and

b

afford those persons an opportunity of becoming a party to the proceedings.

5

Where leave is given under sub-paragraph (1) the regulator must sell the aircraft for the best price that can be reasonably obtained.

6

Failure to comply with sub-paragraph (4) or (5) does not make a sale void or voidable.