AVIATION (CAPE TOWN CONVENTION) (NO.2) ORDER 2016

Transcription

1 Aviation (Cape Town Convention) (No.2) Order 2016 Artile 1 Statutory Doument No. 2016/0229 Airports and Civil Aviation At 1987 AVIATION (CAPE TOWN CONVENTION) (NO.2) ORDER 2016 Approved by Tynwald: 21 July 2016 Coming into Operation: 1 August 2016 The Department of Eonomi Development, after onsultation with the Seretary of State, makes the following Order under subsetions 11(1) and (3)(i) of setion 11 of the Airports and Civil Aviation At Title This Order is the Aviation (Cape Town Convention) (No.2) Order Commenement If approved by Tynwald 1, this Order omes into operation on 1 August Interpretation In this Order the UK Regulations means The International Interests in Airraft Equipment (Cape Town Convention) Regulations , being an instrument of a legislative harater made under the European Communities At 1972 (an At of Parliament) whih relates to ivil aviation. 4 Appliation of UK Regulations The UK Regulations apply to the Island as part of the law of the Island, subjet to the exeptions, adaptations and modifiations speified in the Shedule. 5 Revoation The Aviation (Cape Town Convention) Order is revoked. 1 Tynwald approval is required by setion 11(4) of the Airports and Civil Aviation At SI 2015/912 3 SD 2016/0182 SD 2016/0229 Page 1

2 Artile 5 Aviation (Cape Town Convention) (No.2) Order 2016 MADE 4 TH JULY 2016 LAURENCE SKELLY Minister for Eonomi Development Page 2 SD 2016/0229

3 Aviation (Cape Town Convention) (No.2) Order 2016 SCHEDULE SCHEDULE EXCEPTIONS, ADAPTIONS AND MODIFICATIONS General adaptations and modifiations 1. Subjet to the following provisions of this Shedule (1) referenes to (b) () an At of Parliament extending to the Island, or applied to the Island under setion 11 of the Airports and Civil Aviation At 1987; an instrument of a legislative harater made under an At of Parliament and so extending or so applied (inluding the UK Regulations); or any provision of suh an At or instrument, are to the At, instrument or provision as it has effet in the Island; (2) for United Kingdom (in eah plae) substitute «Isle of Man»; (3) for Civil Aviation Authority and the Authority (in eah plae) substitute «Department of Eonomi Development» and «the Department» respetively. 2. Sub-paragraph (2) does not apply to the referenes to the United Kingdom in regulations 17(5) and (6) and 21(2). Partiular exeptions, adaptations and modifiations 3. In regulation 2 (1) for Artile XXVIII substitute «Artile XXXIII»; (2) for ommenement of that Protool substitute «taking effet of the delaration extending that Protool to the Isle of Man». 4. Omit regulation In regulation 5 (b) omit the definition of «law of the United Kingdom»; in the definition of reognised, omit «eah Part of». 6. Omit regulation 9(1). 7. In regulation 9(2), for 25(1) substitute «25(2)». 8. In regulation 14(2), omit «or, in Sotland, suffiient evidene». 9. In regulation 17 (1) in paragraph (2)(b), for the words in brakets substitute «inluding an At of Tynwald»; SD 2016/0229 Page 3

4 SCHEDULE Aviation (Cape Town Convention) (No.2) Order 2016 (2) in paragraph (4), omit «(inluding any Part of the United Kingdom)»; (3) in paragraph (6)(b), for enatment or ommenement substitute «appliation to the Isle of Man». 10. For regulation 20(7) substitute «Ownership or any other interest of the hargor passing on a sale under regulation 19(2)(b) or regulation 25(1)(e), or passing under paragraph (2) or (3), is free from any other interest over whih the hargee s seurity interest has priority under the provisions of regulation 16.» 11. In regulation 26(2), omit «any Part of». 12. Omit regulation Omit regulation At the end of Part 3 insert «Insolveny assistane 37A. The ourts of the Isle of Man shall, in aordane with the law of the Isle of Man, o-operate to the maximum extent possible with foreign ourts and foreign insolveny administrators in arrying out the provisions of Artile XII of the Airraft Protool in relation to an airraft objet whih is situated in the Isle of Man.». «Choie of law Choie of law 37B. The parties to an agreement, a ontrat of sale, or a related guarantee ontrat or subordination agreement, may agree on the law whih is to govern their ontratual rights and obligations, wholly or in part.». 15. Regulation 38(1) is modified as follows (1) in sub-paragraph (e), omit and ; (2) at the end of sub-paragraph (f) insert and ; (3) after sub-paragraph (f) insert «(g) regulation 37B.». 16. In regulation 42(1) and (3), omit «any Part of». 17. In regulation 43(1) and (2), omit «any Part of». 18. After regulation 43(2) insert «(2A) Subjet to regulation 42, the ourts of the Isle of Man may also grant relief under regulation 25(1), (b), (), (d) or (e) where the airraft objet is a heliopter, or an airframe pertaining to an airraft, for whih the Isle of Man is the State of registry.». 19. In regulation 43(1), after regulation 25(1), (b) or () insert «or other interim relief by virtue of regulation 25(4)». 20. In regulation 43(3), for (1) and (2) substitute «(1), (2) and (2A)». Page 4 SD 2016/0229

5 Aviation (Cape Town Convention) (No.2) Order 2016 SCHEDULE 21. For regulation 44 substitute «Court with jurisdition in the Isle of Man 44. Where the ourts of the Isle of Man have jurisdition in aordane with this regulation, the jurisdition is to be exerised by the High Court of Justie of the Isle of Man.». 22. Omit regulation Shedule 5 is modified as follows (1) in paragraph 1 - in sub-paragraph (2), for the Authority substitute «appropriate harge»; (b) in sub-paragraph (5) - (A) (B) (2) omit paragraphs 2 and 3; (3) in paragraph 4 omit the semiolon after the insertion and substitute a full stop; and omit the brakets and all the words within them, whih appear immediately after the insertion; in the side-heading and sub-paragraph (1), for Air Navigation Order 2009 substitute «Air Navigation (Isle of Man) Order 2015»; (b) in sub-paragraphs (2) and (3), in the inserted artiles 7(6) and 8A(3), for CAA substitute «Department»; (4) omit paragraphs 5, 6 and 7; and (5) for paragraph 9 substitute «Companies Ats 9. Part III of the Companies At 1931 (an At of Tynwald) and Part VIII of the Companies At 2006 (an At of Tynwald) (registration of harges) do not apply to a harge whih is an international interest.». SD 2016/0229 Page 5

6 Explanatory Note Aviation (Cape Town Convention) (No.2) Order 2016 EXPLANATORY NOTE (This note is not part of the Order) This Order applies to the Isle of Man, with modifiations, the International Interests in Airraft Equipment (Cape Town Convention) Regulations 2015 (SI 2015/912), whih implement the Convention on International Interests in Mobile Equipment together with its Protool on Matters Speifi to Airraft Equipment. Regulation 6 provides for the international interest provided for by Artiles 2 to 7 of the Cape Town Convention to have effet in the law of the Isle of Man. The text of the Cape Town Convention and the Protool on Matters Speifi to Airraft Equipment are available for purhase in paper format through the International Civil Aviation Organisation (ICAO) website at The Protool Regulations and Proedures for the International Registry are also available from the ICAO website at Eletroni versions of the Convention, Protool, Protool Regulations and Proedures are available from the International Registry website at Page 6 SD 2016/0229