AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 14 Detention and sale of aircraft for unpaid airport charges.

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AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 14

Detention and sale of aircraft for unpaid airport charges.

14.(1) Where default is made in the payment of airport charges incurred in
respect of any aircraft at an aerodrome to which this section applies, the
aerodrome undertaking may, subject to the provisions of this section

(a)detain, pending payment, either

(i)the aircraft in respect of which the charges were incurred (whether or not
they were incurred by the person who is the operator of the aircraft at the
time when the detention begins); or

(ii)any other aircraft of which the person in default is the operator at the
time when the detention begins; and

(b)if the charges are not paid within fifty-six days of the date when the
detention begins, sell the aircraft in order to satisfy the charges.

(2) An aerodrome undertaking shall not detain, or continue to detain, an
aircraft under this section by reason of any alleged default in the payment of
airport charges if the operator of the aircraft or any other person claiming
an interest therein

(a)disputes that the charges, or any of them, are due or, if the aircraft is
detained under subsection (1)(a)(i), that the charges in question were
incurred in respect of that aircraft; and

(b)gives to the undertaking, pending the determination of the dispute,
sufficient security for the payment of the charges which are alleged to be
due.

(3) An aerodrome undertaking shall not sell an aircraft under this section
without the leave of a judge of the High Court; and the judge shall not give
leave except on proof that a sum is due to the undertaking for
airport charges, that default has been made in the payment thereof and that
the aircraft which the undertaking seeks leave to sell is liable to sale under
this section by reason of the default.

(4) An aerodrome undertaking proposing to apply for leave to sell an aircraft
under this section shall take such steps as the Ministry may by regulations
prescribe

(a)for bringing the proposed application to the notice of persons whose
interests may be affected by the determination of the judge of the High Court
thereon; and

(b)for affording to any such person an opportunity of becoming a party to the
proceedings on the application;

(5) The proceeds of any sale under this section shall be applied as follows,
and in the following order, that is to say

(a)in payment of any sum payable in respect of the aircraft under any
statutory provision;

(b)in payment of the expenses incurred by the aerodrome undertaking in
detaining, keeping and selling the aircraft, including their expenses in
connection with the application to the judge of the High Court;

(c)in payment of the airport charges which the judge has found to be due;

(6) The power of detention and sale conferred by this section in respect of an
aircraft extends to the equipment of the aircraft and any stores for use in
connection with its operation (being equipment and stores carried in the
aircraft) whether or not the property of the person who is its operator, and
references to the aircraft in subsections (2) to (5) include, except where the
context otherwise requires, references to any such equipment and stores.

(7) The power of detention conferred by this section in respect of an aircraft
extends to any aircraft documents carried in it; and any such documents may,
if the aircraft is sold under this section, be transferred by the aerodrome
undertaking to the purchaser.

(8) The power conferred by this section to detain an aircraft in respect of
which charges have been incurred may be exercised on the occasion on which the
charges have been incurred or on any subsequent occasion when the aircraft is
on the aerodrome on which those charges were incurred or on any other
aerodrome owned or managed by the aerodrome undertaking concerned.

(9) This section applies to any aerodrome designated for the purposes of this
section by an order made by the Ministry; and in this section

"airport charges" means charges payable to an aerodrome undertaking for the
use of, or for services provided at, an aerodrome;

"aircraft documents", in relation to any aircraft, means any certificate of
registration, maintenance or air-worthiness of that aircraft, any log book
relating to the use of that aircraft or its equipment and any similar
document;

"operator", in relation to any aircraft, means the person for the time being
having the management of that aircraft.

(10) Regulations made under subsection (4) and orders made under subsection
(9) shall be subject to negative resolution.

(11) Nothing in this section shall prejudice any right of an aerodrome
undertaking to recover any charges, or any part thereof, by action.

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Northern Irish Legislation

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 14