Aircraft Registration
(Jersey) Law 2014
A LAW to provide for the registration of aircraft, aircraft engines,
aircraft mortgages and aircraft engine mortgages in Jersey and for connected
purposes.
Commencement [see endnotes]
PART 1
PRELIMINARY
1 Interpretation
(1) In this Law –
“aerial work” means any purpose (other than commercial
air transport) for which an aircraft is flown for valuable consideration if
valuable consideration is given or promised in respect of the flight or for the
purpose of the flight, except where the valuable consideration consists only of
remuneration for the services of the pilot;
“aircraft” means any machine that can derive support in
the atmosphere from the reactions of the air other than the reactions of the
air against the earth’s surface;
“aircraft engine” means the component of the propulsion
system for an aircraft that generates mechanical power;
“aircraft mortgage” means an interest in an aircraft
being an interest which under the agreement creating the interest secures
payment or the performance of an obligation (whether or not title in the
aircraft is transferred to the mortgagee);
“aircraft engine mortgage” means an interest in an
aircraft engine being an interest which under the agreement creating the
interest secures payment or the performance of an obligation (whether or not
title in the aircraft engine is transferred to the mortgagee);
“charter by demise” means the charter of an aircraft for
a fixed period of time under which the charterer –
(a) has
possession of the aircraft;
(b) has
operational control of the aircraft;
(c) has
the power to appoint and dismiss the flight crew of the aircraft; and
(d) is
responsible to third parties as if the charterer was the owner of the aircraft,
but has no right to sell or mortgage the aircraft;
“Chicago Convention” means the Convention on
International Civil Aviation which was signed on behalf of the Jersey at the
International Civil Aviation Conference held at Chicago on 7th December 1944
and which came into force on 4th April 1947;
“commercial air transport” shall be construed in
accordance with the laws of Jersey relating to air navigation;
“documents” means information recorded in any form
(including in electronic form) and, in relation to information recorded
otherwise in legible form, references to its production, however expressed,
include references to the production of a copy of the information in legible form;
“Minister” means the Minister
for Sustainable Economic Development;
“mortgage agreement” means an agreement creating an
aircraft mortgage or aircraft engine mortgage under the provisions of this Law;
“mortgagor” means a person who causes or permits an
aircraft mortgage or aircraft engine mortgage to be created in an aircraft or
aircraft engine in which the person has an interest and includes the
person’s successors and assigns;
“mortgagee” means a person who holds an aircraft
mortgage or aircraft engine mortgage and includes the person’s successors
and assigns;
“owner” means –
(a) in
the case of an aircraft or aircraft engine, a person who is entitled to a legal
interest or beneficial interest in the aircraft or aircraft engine; or
(b) in
the case of an aircraft or an aircraft engine which is the subject of a charter
by demise, the charterer by demise;
“prescribed” means prescribed by Order made by the
Minister;
“priority notice” means a notice of intention to make an
application to register an aircraft mortgage or aircraft engine mortgage in
Jersey;
“qualified person” means –
(a) a
body incorporated or undertaking established in; or
(b) a
citizen or resident of,
a country specified in Schedule 1;
“Register” means the Jersey Aircraft Register
established and maintained under Article 9;
“registered aircraft” means an aircraft registered in
Jersey under this Law;
“registered aircraft engine” means an aircraft engine
registered in Jersey under this Law;
“registered aircraft mortgage” means an aircraft
mortgage registered in Jersey under this Law;
“registered aircraft engine mortgage” means an aircraft
engine mortgage registered in Jersey under this Law;
“registered matter” means an aircraft, aircraft engine,
aircraft mortgage, aircraft engine mortgage or priority notice that is
registered under this Law;
“registered owner” means –
(a) in
the case of a registered aircraft, an owner whose name is entered in the
Register under Article 20(2)(d); or
(b) in
the case of a registered aircraft engine, an owner whose name is entered in the
Register under Article 27(2)(d);
“registered particulars” means, in respect of –
(a) an
aircraft, the information specified in Article 20(2)(a), (b), (c) and (e);
(b) an
aircraft engine, the information specified in Article 27(2)(a), (b), (c)
and (e);
(c) an
aircraft mortgage or aircraft engine mortgage, the information specified in Article 32(2)(a),
(c), (d), (e) and (f); or
(d) a
priority notice, the information specified in Article 33(2) (a), (c), (d),
(e) and (f);
“registered priority notice” means a priority notice
registered under this Law;
“Registrar” means the person appointed as Registrar of
Aircraft under Article 2;
“relevant person” means –
(a) in
the case of an aircraft or aircraft engine, the registered owner;
(b) in
the case of an aircraft mortgage or aircraft engine mortgage, the mortgagee; or
(c) in
the case of a priority notice, the prospective mortgagee;
“serve” includes provide;
“summons” includes any document compelling a
person’s attendance before a court;
“surface” means the earth’s surface;
“transmitted” means transmitted by electronic
communication, facsimile transmission or other similar means which produce or
enable the production of a document containing the text of the communication
(in which event the document shall be regarded as served when it is received);
“unqualified person” means a person who is not a
qualified person.[1]
(2) For the purposes of
this Law, an aircraft is deemed to be in flight –
(a) in
the case of a piloted flying machine, from the moment when, after the embarkation
of its crew for the purpose of taking off, it first moves under its own power
until the moment when it next comes to rest after landing;
(b) in
the case of a pilotless flying machine, or a glider, from the moment when it
first moves for the purpose of taking off until the moment when it next comes
to rest after landing;
(c) in
the case of an airship, from the moment when it first becomes detached from the
surface until the moment when it next becomes attached to the surface or comes
to rest on the surface;
(d) in
the case of a free balloon, from the moment when the balloon, including the
canopy and basket, becomes separated from the surface until the moment it next
comes to rest on the surface; and
(e) in
the case of a captive balloon, from the moment when the balloon, including the
canopy and basket, becomes separated from the surface, apart from a restraining
device attaching it to the surface, until the moment when it next comes to rest
on the surface,
and the words “flight” and “fly” are
construed accordingly.
PART 2
APPOINTMENT, FUNCTIONS AND POWERS OF REGISTRAR
2 Registrar
(1) The Minister
may appoint a person to hold the office of Registrar of Aircraft.
(2) The person appointed
under paragraph (1) shall –
(a) have
relevant experience and expertise in civil aviation; and
(b) be a
fit and proper person to hold the office of Registrar.
(3) The Minister may
appoint any person to perform on behalf of the Registrar such of the
Registrar’s functions, as the Minister or the Registrar may authorize.
(4) Where no appointment is
made by the Minister under paragraph (1), the Minister shall discharge the
functions of the Registrar.
3 Functions
of Registrar
(1) The Registrar shall exercise
the functions conferred on the Registrar by this Law or any other enactment and
shall keep records and perform other duties as the Minister may direct.
(2) Without prejudice to
the generality of paragraph (1), the Registrar’s functions include –
(a) registering
aircraft, aircraft engines, aircraft mortgages and aircraft engine mortgages
under this Law;
(b) advising
the Minister generally in relation to the registration of aircraft, aircraft
engines, aircraft mortgages and aircraft engine mortgages; and
(c) administering
the office of the Registrar.
4 Ancillary
powers of Registrar
The Registrar shall have power to do anything that appears to the
Registrar to be necessary or expedient for the purpose of exercising the
Registrar’s functions including power –
(a) to request the
production of, and otherwise obtain such documents, accounts and information
from, such persons and within such periods and at such times and intervals as
the Registrar thinks fit; and
(b) subject to any
provision to the contrary in this Law or any other enactment, to publish
information, reports and other documents.
5 Power
to apply for directions
The Registrar may, if the Registrar believes that it would assist in
the proper and lawful exercise of the Registrar’s functions, apply to the
Royal Court for directions, or for a determination of any question of fact, law
or procedure and on such an application the Royal Court may make such order as
it thinks fit.
6 Power
to require use of forms
(1) The Registrar may
require the use of such forms as the Registrar may direct for any purpose
relating to registration or any other proceedings before the Registrar under
this Law.
(2) The Registrar shall
publish the forms, and any directions of the Registrar as to their use, in such
manner as the Registrar thinks fit.
7 Official
seal
(1) The Registrar shall
have an official seal for the authentication of documents required for the
purpose of exercising the Registrar’s functions.
(2) Any
document –
(a) sealed
with the Registrar’s official seal; and
(b) signed
by the Registrar or by any person appointed and authorized to do so under
Article 2(3),
is deemed to be duly executed by or on behalf of the Registrar and
is effective in law to bind the Registrar.
8 Proof
of documents
(1) In any legal
proceeding, paragraph (2) applies in relation to any document purporting
to be –
(a) issued
by or on behalf of the Registrar; or
(b) signed
by the Registrar or by any person appointed and authorized to do so under
Article 2(3).
(2) A document referred to
in paragraph (1) –
(a) may
be received in evidence;
(b) unless
the contrary is proved, is deemed –
(i) to be the
document which it purports to be, and
(ii) to
have been issued by or on behalf of the Registrar or, as the case may be, to
have been signed by the person by whom it purports to have been signed, without
proof of that person’s identity, signature or official capacity; and
(c) is
evidence of the matters stated in that document.
PART 3
REGISTRATION
General
9 Jersey
Aircraft Register
(1) The Registrar shall
establish and maintain a register of aircraft, aircraft engines, aircraft
mortgages and aircraft engine mortgages to be known as the Jersey Aircraft
Register.
(2) The Register shall be
kept in such form and manner as may be prescribed.
(3) The
Registrar –
(a) when
registering an aircraft, aircraft engine, aircraft mortgage or aircraft engine
mortgage or a priority notice; and
(b) when
issuing a certificate of registration,
may rely upon the documents provided to the Registrar in all
respects and shall not be bound to enquire further as to whether, in relation
to the aircraft, aircraft engine, aircraft mortgage, aircraft engine mortgage
or priority notice, the formalities required by this Law have been complied
with.
10 Annual
renewal procedure
The Minister may by Order provide for the registration of aircraft
or aircraft engine under this Law to be subject to an annual renewal procedure
and in the Order may specify that procedure and –
(a) the information to be
provided and the form in which such information is to be provided;
(b) without prejudice to
any other provision of this Law, the sanctions, remedies or consequences which
shall arise in respect of any failure to comply with the annual renewal
procedure; and
(c) the annual renewal fees.
11 Public
access to Register and opening hours
(1) The Registrar shall
make arrangements for –
(a) public
inspection of the Register; and
(b) subject
to payment of the prescribed fee, the supply of certified or uncertified copies
or extracts of entries in the Register.[2]
(2) The Register shall be
part of the public records of Jersey.
(3) The Registrar shall
make public the days on which and hours during which the Registrar’s
office is open for registering aircraft, aircraft engines, aircraft mortgages,
aircraft engine mortgages and priority notices and for inspecting the Register.
(4) Any application
submitted under this Law when the Registrar’s office is closed shall be
treated as having been received immediately after the Registrar’s office
is next opened.
12 Certificate
of registration
(1) On registration of –
(a) an
aircraft under Article 20;
(b) an aircraft
engine under Article 27;
(c) an aircraft
mortgage or aircraft engine mortgage under Article 32; or
(d) a
priority notice under Article 33,
the Registrar shall issue a certificate of registration to the
relevant person.
(2) A certificate of
registration shall –
(a) state,
in relation to the registered matter –
(i) the registration
number,
(ii) the
time and date of registration,
(iii) the
registered particulars,
(iv) the
registration number of any other registered matter to which it relates, and
(v) the name or address of
the relevant person; and
(b) be
signed and sealed by the Registrar.
(3) A certificate of
registration is, unless it has ceased to be valid, conclusive evidence of
compliance with the requirements of this Law as to registration and of all
matters stated in it.
(4) A certificate of
registration shall cease to be valid where registration is cancelled, has
ceased or becomes void or where a new certificate is issued, as the case may
be, in the circumstances described in Article 13(2), 14(4), 15, 22, 28 or
33(4).
13 Amendment
of registered particulars or relevant person
(1) If during the
continuance of the registration of a registered matter there is a change
in –
(a) any
registered particular; or
(b) the
name and address of the relevant person,
notice of the change shall, within the period of 14 days from
the date of the change, be provided to the Registrar.
(2) Upon receipt of notice
under paragraph (1) or as soon as is reasonably practicable after that, and
on payment of the prescribed fee by the relevant person the Registrar shall
make the appropriate change in the Register and issue a new certificate of
registration or cancel the registration, as the case may be.[3]
(3) A change made under
paragraph (2) shall not be effective until the Registrar has made the
entry in the Register.
(4) In default of
compliance with paragraph (1), the change may not be relied on by the
relevant person or by any other person so as to affect adversely the rights of
any third person.
14 Rectification
of Register
(1) A relevant person may
apply to the Registrar for the rectification of an error, defect or omission in
the Register.
(2) The Registrar, on
application made under paragraph (1), may –
(a) in
the Registrar’s absolute discretion and on such terms and conditions as
the Registrar thinks fit, order the rectification of any error, defect or
omission –
(i) in the entries
relating to the registered matter in the Register, or
(ii) in
any declaration or other document provided to the Registrar in relation to it
under or for the purposes of this Law; or
(b) refer
the matter to the Inferior Number of the Royal Court, through the intermediary
of the Attorney General and the Royal Court may order the rectification of any
error, defect or omission –
(i) in the entries
relating to the registered matter in the Register, or
(ii) in
any declaration or other document provided to the Registrar in relation to it
under or for the purposes of this Law.
(3) Except where the
Registrar or the Royal Court directs otherwise, the effect of rectification of
the Register is that the error or omission in question shall be deemed never to
have been made.
(4) The Registrar may
remove from the Register any registered matter in respect of which it appears
to the Registrar that registration has ceased.
15 Cancellation
of registration of aircraft or aircraft engine
(1) Where a person wishes
the registration of any aircraft or aircraft engine to be cancelled, an
application for cancellation shall be made to the Registrar.
(2) An application under
paragraph (1) shall –
(a) state
the reason for such application;
(b) be
accompanied by the consent of the registered owner in relation to the aircraft
or aircraft engine; and
(c) contain
any further information that the Registrar may require.
(3) Subject to Article 23(2),
if the conditions of paragraph (2) are satisfied, and the Registrar deems
it appropriate to do so –
(a) the
registration of the aircraft or aircraft engine shall be cancelled; and
(b) the
Registrar shall enter in the Register a notice stating that the registration of
the aircraft or aircraft engine has, under this Article, been cancelled.
16 Documents
in a language other than English
Where a document provided to the Registrar under this Law is not in
English, a translation of it in English verified or certified in such manner as
the Registrar may require shall also be provided to the Registrar.
Registration of aircraft
17 Qualified
person permitted to hold legal or beneficial interests in registered aircraft
(1) Only a qualified person
may hold a legal or beneficial interest in a registered aircraft.
(2) If an aircraft is
chartered by demise to a qualified person, the Registrar may, whether or not an
unqualified person holds a legal or beneficial interest in that aircraft,
register the aircraft in Jersey in the name of the charterer by demise if the
Registrar is satisfied that the aircraft may be properly registered.
(3) Subject to this Part,
an aircraft registered under paragraph (2) shall remain registered during
the continuation of the charter.
18 Registration
of aircraft permitted in Jersey
An aircraft that is not operating for the purposes of commercial air
transport or aerial work may be registered in Jersey in accordance with this
Law.
19 Restrictions
on registration of aircraft and use of registered aircraft
(1) An aircraft shall not
be registered, or continue to be registered, in Jersey if the Registrar is
satisfied that –
(a) subject
to Article 17(2) and 23(1), a person other than a qualified person holds
any legal or beneficial interest in the aircraft;
(b) the
aircraft is registered outside Jersey and that such registration would not
cease by operation of law in the place it is registered if the aircraft is, or
continues to be, registered in Jersey;
(c) the
aircraft could more suitably be registered in some other place; or
(d) it
would not be in the public interest for the aircraft to be, or continue to be,
registered in Jersey.[4]
(2) A registered aircraft
shall not fly on any flight for the purpose of commercial air transport or
aerial work except in the case of a transfer of functions under Article 83(bis)
of the Chicago Convention or in such other circumstances or for such other
purposes as may be prescribed.
(3) The owner of a
registered aircraft who contravenes paragraph (2) shall be guilty of an
offence and liable to imprisonment for a term of 2 years and to a fine of
level 3 on the standard scale.[5]
20 Registration
of aircraft
(1) An application for the
registration of an aircraft in Jersey shall be made to the Registrar in such
form and manner as the Registrar requires and shall include or be accompanied
by –
(a) such
information and documents relating to the aircraft and the ownership and
chartering of the aircraft as the Registrar may require to enable the Registrar
to determine whether the aircraft may be registered in Jersey;
(b) the
proper description of the aircraft according to column 4 of the
‘Classification of Aircraft’ in Schedule 2;
(c) such
other documents or information as may be prescribed and as the Registrar may
require; and
(d) the
prescribed fee.
(2) If the Registrar
receives an application for the registration of an aircraft in Jersey in
accordance with paragraph (1) and is satisfied that the aircraft may be
registered in Jersey, the Registrar shall register the aircraft, wherever it
may be, by entering in the Register the following information –
(a) the
nationality mark of the aircraft and the registration mark assigned to it by
the Registrar;
(b) the
name of the constructor of the aircraft and its designation;
(c) the
serial number of the aircraft;
(d) the
name and address of every owner; and
(e) such
other information as may be prescribed and as the Registrar may think fit.
21 Nationality
mark and registration mark of aircraft
The nationality mark and registration mark to be assigned by the Registrar
for registered aircraft and the manner in which the nationality mark and
registration mark shall be displayed on a registered aircraft shall be as
prescribed.
22 Changes
to the Register in respect of aircraft
(1) Subject to Articles 17(2)
and 23(1), if, at any time after an aircraft has been registered in
Jersey –
(a) a
person other than a qualified person becomes entitled to a legal or beneficial
interest in the registered aircraft; or
(b) the
aircraft is registered outside Jersey,
the registration of the aircraft becomes void at the same time of
the occurrence of the event in sub-paragraph (a) or (b) and the
certificate of registration shall be returned immediately by the registered
owner to the Registrar, and the Registrar shall make the appropriate changes to
the Register.
(2) The registered owner of
a registered aircraft shall immediately inform the Registrar in writing
of –
(a) the
destruction of the aircraft, or its permanent withdrawal from use; or
(b) in
the case of an aircraft registered under Article 17(2), the termination of
the charter by demise,
and shall return the certificate of registration immediately to the
Registrar, and the Registrar cancel the registration of the aircraft and shall
make the appropriate changes to the Register.
(3) Subject to Article 23(2),
the Registrar may, whenever it appears to the Registrar to be necessary or
appropriate in order to give effect to this Part or to bring up to date or
otherwise correct the Register and, without prejudice to Article 13, 14
or 15, amend the Register or cancel the registration of an aircraft.
(4) Subject to Article 23(2),
the Registrar shall cancel the registration of an aircraft within 14 days
of being satisfied that there has been a change in the ownership of the aircraft
notwithstanding that the Registrar has not been notified of the change in
accordance with Article 13.
(5) The reference in
paragraph (2) to the registered owner of a registered aircraft includes,
in the case of a deceased person, his or her personal representative, and in
the case of a legal person which has been wound up or dissolved, its successor.
23 Aircraft
for which an aircraft mortgage is registered
(1) The registration of an
aircraft which is the subject of an undischarged registered aircraft mortgage
does not become void by virtue of Article 22(1).
(2) The Registrar shall not
under Article 15, or Article 22(3) or (4) cancel the registration of
an aircraft that is the subject of an undischarged aircraft mortgage unless all
persons shown in the Register as mortgagee of that aircraft have consented to
the cancellation.
24 General
provisions concerning registration of aircraft
(1) The States may by
Regulations modify the application of any provision of this Part as the States
deems necessary or expedient for the purpose of providing for the temporary
transfer of aircraft to or from the Register, either generally or in relation
to a particular case or class of cases.
(2) In this Part,
references to an interest in an aircraft do not include references to an
interest in an aircraft to which a person is entitled only by virtue of the
person’s membership of a flying club.
(3) Nothing in this Part
requires the Registrar to cancel the registration of an aircraft if in the
Registrar’s opinion it would not be in the public interest to do so.
Registration of aircraft engines
25 Registration
of aircraft engine permitted in Jersey
An aircraft engine may be registered in Jersey under this Law.
26 Restriction
on registration of aircraft engines
An aircraft engine shall not be registered or continue to be
registered in Jersey if the Registrar is satisfied that it would not be in the
public interest for the aircraft engine to be registered in Jersey.
27 Manner
of registration, and registration mark, of aircraft engine
(1) An application for the
registration of an aircraft engine in Jersey shall be made to the Registrar in
such form and manner as the Registrar requires and shall include or be
accompanied by –
(a) such
information and documents relating to the aircraft engine and the ownership and
use of the aircraft engine as the Registrar may require to enable the Registrar
to determine whether the aircraft engine may be registered in Jersey;
(b) the
proper description of the aircraft engine including the manufacturer, model and
serial number of both;
(c) such
other documents or information as may be prescribed and as the Registrar may
require; and
(d) the
prescribed fee.
(2) If the Registrar
receives an application for the registration of an aircraft engine in Jersey in
accordance with paragraph (1), and is satisfied that the aircraft engine
may be registered in Jersey, the Registrar shall register the aircraft engine,
wherever it may be, by entering in the Register the following
information –
(a) the
registration number assigned to the aircraft engine by the Registrar;
(b) the
name of the constructor of the aircraft engine and its designation;
(c) the
serial number of the aircraft engine;
(d) the
name and address of every owner of the aircraft engine; and
(e) such
other information as may be prescribed and as the Registrar may think fit.
(3) The registration mark
to be assigned by the Registrar for a registered aircraft engine and the manner
in which a registration mark shall be displayed on an aircraft engine shall be
as prescribed.
28 Changes
to the Register in respect of aircraft engine
(1) The registered owner of
a registered aircraft engine shall immediately inform the Registrar, in
writing, of the destruction of the aircraft engine or its permanent withdrawal
from use.
(2) The Registrar may,
whenever it appears to the Registrar to be necessary or appropriate in order to
give effect to this Part or to bring up to date or otherwise correct the
Register, and without prejudice to Article 13, 14 or 15, amend the
Register or cancel the registration of an aircraft engine.
(3) The Registrar shall
cancel the registration of an aircraft engine within 14 days of being
satisfied that there has been a change in the ownership of the aircraft engine
notwithstanding that the Registrar has not been notified of the change in
accordance with Article 13.
(4) The reference in
paragraph (1) to the registered owner of a registered aircraft engine includes,
in the case of a deceased person, his or her legal personal representative, and
in the case of a legal person which has been wound up or dissolved, its
successor.
Registration of aircraft mortgages, aircraft
engine mortgages and priority notices
29 Creation
of aircraft mortgages and aircraft engine mortgages
(1) An aircraft mortgage or
aircraft engine mortgage over a registered aircraft or registered aircraft
engine may be created (in Jersey or elsewhere) by a mortgage agreement and upon
registration in Jersey under this Law shall, except as otherwise provided by
this Law, be effective according to the terms of the mortgage agreement and
enforceable –
(a) as
between the parties to the mortgage agreement;
(b) against
purchasers of the aircraft or aircraft engine;
(c) against
creditors of the mortgagor;
(d) against
the Viscount (or a liquidator or administrator); and
(e) against
third parties generally.[6]
(2) An aircraft mortgage or
aircraft engine mortgage may be created by the parties to a mortgage agreement
to secure the obligation of a third party.
(3) Nothing in –
(a) the Loi (1880) sur la propriété foncière; or
(b) the
rule of law donner et retenir ne vaut,
shall affect the validity of an aircraft mortgage or aircraft engine
mortgage.
(4) For the purposes of
this Law, a mortgage agreement shall –
(a) be in writing;
(b) be dated;
(c) identify
and be signed by the mortgagor;
(d) identify the
mortgagee;
(e) contain the information
specified in Article 20(2) or 27(2) in respect of the aircraft
or aircraft engine, as the case may be;
(f) specify the events which are to constitute
events of default; and
(g) contain provisions regarding the obligation
payment or performance of which is to be secured sufficient to enable it to be
identified.
(5) Subject to paragraph (4),
a mortgage agreement may be in such form, and contain or refer to such matters,
as shall be agreed between the parties to such agreement.
30 [7]
31 Registration
of aircraft mortgage, aircraft engine mortgage or priority notice
(1) An aircraft mortgage,
aircraft engine mortgage or a priority notice may be registered in Jersey under
with this Law.
(2) Applications properly made
for the registration of aircraft mortgages, aircraft engine mortgages or
priority notices shall be entered in the Register in the order of their receipt
by the Registrar.
32 Registration
of aircraft mortgage or aircraft engine mortgage
(1) An application to
register an aircraft mortgage or aircraft engine mortgage in Jersey shall be
made by or on behalf of the mortgagee to the Registrar in such form and manner
as the Registrar may require and shall include or be accompanied
by –
(a) a
copy of the mortgage agreement creating the aircraft mortgage or aircraft
engine mortgage, which the applicant shall certify to be a true copy;
(b) the
names and addresses of the mortgagee and mortgagor;
(c) details
of the aircraft or aircraft engine over which the aircraft mortgage or aircraft
engine mortgage is created (including registration numbers);
(d) such
other documents or information as may be prescribed and as the Registrar may
require; and
(e) the
prescribed fee.
(2) If the Registrar
receives an application for the registration of an aircraft mortgage or
aircraft engine mortgage in accordance with paragraph (1), and is
satisfied that the aircraft mortgage or aircraft engine mortgage may be
registered in Jersey, the Registrar shall register the aircraft mortgage or
aircraft engine mortgage, by entering in the Register the following
information –
(a) the
registration number of the aircraft mortgage or aircraft engine mortgage;
(b) the
names and addresses of the mortgagee and mortgagor;
(c) the
date and time of registration of the aircraft mortgage or aircraft engine
mortgage;
(d) details
of the aircraft or aircraft engine over which the aircraft mortgage or aircraft
engine mortgage is created;
(e) the
registration number of any other aircraft mortgages or aircraft engine
mortgages or priority notices over that aircraft or aircraft engine; and
(f) such
other information as may be prescribed and as the Registrar may think fit.
(3) The Registrar shall
provide the mortgagor with a copy of the certificate of registration issued to
mortgagee under Article 12.
33 Registration
of priority notice
(1) An application to
register a priority notice shall be made by or on behalf of the prospective
mortgagee to the Registrar in such form and manner as the Registrar may require
and shall include or be accompanied by –
(a) the
names and addresses of the prospective mortgagee and mortgagor;
(b) details
of the aircraft or aircraft engine over which the prospective aircraft mortgage
or aircraft engine mortgage is to be created (including registration numbers);
(c) such
other documents or information as may be prescribed and as the Registrar may
require; and
(d) the
prescribed fee.
(2) If the Registrar
receives an application for the registration of a priority notice in accordance
with paragraph (1), and is satisfied that the priority notice may be
registered, the Registrar shall register the priority notice, and enter in the
Register the following information –
(a) the
registration number of the priority notice;
(b) names
and addresses of the prospective mortgagor and mortgagee;
(c) the
date and time of registration of the priority notice;
(d) details
of the aircraft or aircraft engine associated with the priority notice;
(e) the
registration number of any other aircraft mortgages, aircraft engine mortgages
or priority notices over that aircraft or aircraft engine; and
(f) such
other information as may be prescribed and as the Registrar may think fit.
(3) The Registrar shall
provide the prospective mortgagor with a copy of the certificate of registration
issued to the prospective mortgagee under Article 12.
(4) The registration of a
priority notice shall expire 14 days after the date of issue of the
certificate of registration.
34 Priority
of aircraft mortgages and aircraft engine mortgages
(1) Preferred debts and
preferred liens have priority over aircraft mortgages and aircraft engine
mortgages and the person enjoying such a preferred debt or preferred lien shall
not be required to release the aircraft or aircraft engine over which the
preferred debt or preferred lien attaches until the sums due to that person are
unconditionally discharged.
(2) Aircraft mortgages as
between themselves rank in order of registration, with the first in time having
priority.
(3) Aircraft engine
mortgages as between themselves rank in order of registration, with the first
in time having priority.
(4) If, following
registration of a priority notice, the aircraft mortgage or aircraft engine
mortgage contemplated in the priority notice is registered before the expiry of
the priority notice, the aircraft mortgage or aircraft engine mortgage shall be
deemed to have been registered at the time of registration of the priority
notice, and the Registrar shall record the date and time of the registration of
the aircraft mortgage or aircraft engine mortgage accordingly.
(5) This Article shall have
effect despite any express, implied or constructive notice to the mortgagee.
(6) The priority of
aircraft mortgages or aircraft engine mortgages may be varied by agreement
between the holders of those aircraft mortgages or aircraft engine mortgages,
but an assignee of a subordinated aircraft mortgage or subordinated aircraft
engine mortgage is not bound by an agreement to subordinate that aircraft
mortgage unless at the time of the assignment a subordination relating to that
agreement had been filed with the Registrar in the form approved by the
Registrar and entered in the Register by the Registrar.
(7) Any priority given by
this Article to an aircraft mortgage or aircraft engine mortgage over an
aircraft or aircraft engine extends to the proceeds of sale of that aircraft or
aircraft engine.
(8) In this Article –
“preferred debt” means any taxes or fees owed to the
States in respect of the aircraft or aircraft engine to which the debt attaches;
“preferred lien” means any lien created by the detention
of an aircraft for unpaid fees including airport fees, route charges and
charges for working on an aircraft or aircraft engine.
35 Registration
not to constitute constructive notice
Registration of an aircraft mortgage or an aircraft engine mortgage
shall not constitute constructive notice of the existence of the aircraft
mortgage or aircraft engine mortgage (or its terms) to any person, or
constructive knowledge of the existence of the aircraft mortgage or aircraft
engine mortgage (or its terms) by any person.
36 Discharge
of aircraft mortgage or aircraft engine mortgage
(1) Where an aircraft
mortgage or aircraft engine mortgage is discharged, the mortgagor shall notify the
Registrar of the same by providing the Registrar with –
(a) a
copy of the discharge or receipt for the aircraft mortgage or aircraft engine
mortgage;
(b) such
other documents or information as may be prescribed and as the Registrar may
require; and
(c) the
prescribed fee.
(2) Upon receipt of the
documents, information and the prescribed fee specified in paragraph (1),
if the Registrar is satisfied that the aircraft mortgage or aircraft engine
mortgage is discharged, the Registrar shall –
(a) mark
the relevant entries in the Register as discharged; and
(b) notify
the mortgagee, mortgagor and owner (if different) of the aircraft or aircraft
engine that this has been done.
37 Cancellation
of registration of aircraft or aircraft engine not to affect rights of
mortgagee
The cancellation of the registration of an aircraft or aircraft
engine shall not affect the rights of any mortgagee under any aircraft mortgage
or aircraft engine mortgage and entries shall continue to be made in the
Register in relation to the aircraft mortgage or aircraft engine mortgage as if
the registration of the aircraft or aircraft engine had not been cancelled.
38 Indemnity
in respect of errors or omissions in Register
(1) Subject to paragraphs (2)
and (3), any person who suffers loss directly resulting from an error or
omission of the Registrar or any person authorized to perform a function of the
Registrar under Article 2(3) may be indemnified by the States.
(2) No indemnity shall be
payable under paragraph (1) –
(a) for
any factual inaccuracy of registration information received by the Registrar or
transmitted by the Registrar in the form in which the Registrar received that
information;
(b) for
acts or circumstances for which the Registrar is not responsible and arising
prior to receipt of registration information by the Registrar;
(c) where
the person who has suffered loss has caused the loss by his or her fraud or has
derived title from a person committing fraud; or
(d) on
account of costs or expenses incurred in taking or defending any legal
proceedings without the consent of the Registrar.
(3) Any compensation
payable under paragraph (1) may be reduced to the extent that the person
who suffered the loss caused or contributed to that loss.
(4) The States may procure
insurance or a financial guarantee covering the liability created by this
Article.
PART 4
ENFORCEMENT OF AIRCRAFT MORTGAGES AND AIrCRAFT
ENGINE MORTGAGES
39 Part 4
to apply to aircraft mortgage or aircraft engine mortgage registered in Jersey
This Part shall apply in respect of an aircraft mortgage or aircraft
engine mortgage registered in Jersey under this Law.
40 Enforcement
(1) The power to enforce an
aircraft mortgage or aircraft engine mortgage shall become exercisable when –
(a) an
event of default has occurred in relation to the mortgage agreement; and
(b) the
mortgagee has served on the mortgagor written notice specifying the event of
default.
(2) Subject to Article 34(1)
and 51(3), a mortgagee may exercise powers of enforcement in respect of an
aircraft mortgage or aircraft engine mortgage by doing any of the following in
relation to the aircraft or aircraft engine that is subject to the aircraft
mortgage or aircraft engine mortgage –
(a) appropriating
the aircraft or aircraft engine;
(b) selling
or leasing the aircraft or aircraft engine;
(c) taking
any of the following actions –
(i) taking control or
possession of the aircraft or aircraft engine,
(ii) exercising
any rights of the mortgagor in relation to the aircraft or aircraft engine,
(iii) instructing
any person who has an obligation in relation to the aircraft or aircraft engine
to carry out the obligation for the benefit of the mortgagee; or
(d) applying
any remedy that the mortgage agreement provides for as a remedy that is
exercisable pursuant to the power of enforcement,
to the extent that such action is not in conflict with this Law.[8]
(3) This Article does not
prevent the mortgagee from taking such other action in respect of the aircraft
or aircraft engine as is permitted by the aircraft mortgage or aircraft engine
mortgage and is not in conflict with this Law, whether before or after the
power to enforce the aircraft mortgage or aircraft engine mortgage becomes
exercisable.
41 Notice
of appropriation, sale or lease of aircraft[9]
(1) A mortgagee shall, not
less than 14 days before appropriating the aircraft or aircraft engine
under Article 40(2)(a), give written notice of the default and intention to
appropriate the aircraft or aircraft engine to the following persons –
(a) the
mortgagor; and
(b) any
person who, 21 days before the appropriation, has a registered aircraft
mortgage or registered aircraft engine mortgage over the aircraft or aircraft
engine.
(2) A mortgagee shall, not
less than 14 days before selling or leasing the aircraft or aircraft
engine, under Article 40(2)(b) give written notice of the default and
intention to sell or lease to the following persons –
(a) the
mortgagor; and
(b) any
person who, 21 days before the sale or lease, has a registered aircraft
mortgage or registered aircraft engine mortgage over the aircraft or aircraft
engine.[10]
(3) Paragraph (2) does
not apply to the extent that the Royal Court orders, on an ex parte
application, that notice need not be given under paragraph (2).
(4) If the mortgagee and
another person have agreed in writing in one or both of the following terms –
(a) that
notice need not be given under this Article to the other person; or
(b) for
notice under this Article to be given to the other person within a period
different from that specified in this Article,
this Article shall, in relation to that person, have effect subject
to that term or those terms.
42 Methods
of sale of aircraft engine
(1) A mortgagee may effect
a sale of an aircraft or aircraft engine under Article 40(2)(b) by
auction, public tender, private sale, or any other method.
(2) A mortgagee is not
prevented by this Part from buying an aircraft or aircraft engine that the
mortgagee sells under this Part.
43 Duty
to obtain fair valuation or fair price
(1) A mortgagee who
appropriates an aircraft or aircraft engine under this Part owes a duty –
(a) to
take all reasonable steps to determine the fair market value of the aircraft or
aircraft engine, as at the time of the appropriation; and
(b) to
act in other respects in a reasonable manner in relation to the appropriation.
(2) A mortgagee who sells or
leases an aircraft or aircraft engine under this Part owes a duty –
(a) to
take all reasonable steps to obtain a fair market value for the aircraft or
aircraft engine, as at the time of the sale or lease;
(b) to
act in other respects in a reasonable manner in relation to the sale or lease;
and
(c) to
enter any agreement for or in relation to the sale or lease only on reasonable
terms.[11]
(3) A duty under this
Article is owed to the following persons –
(a) the
mortgagor; and
(b) any
person who has a registered aircraft mortgage or registered aircraft engine
mortgage over the aircraft or aircraft engine immediately before the
appropriation, sale or lease.[12]
44 Extinction of
subordinate aircraft mortgages and aircraft engine mortgages on appropriation,
sale
or lease[13]
If an aircraft or aircraft engine is
appropriated under Article 40(2)(a) or sold or leased under Article 40(2)(b),
all aircraft mortgages or aircraft engine mortgages in the aircraft or aircraft
engine that are subordinate to the aircraft mortgage or aircraft engine
mortgage of the mortgagee who appropriated, sold or leased the aircraft or
aircraft engine shall be extinguished on the appropriation, sale or lease of
the aircraft or aircraft engine.[14]
45 Mortgagee
to give statement of account to mortgagor and others
If an aircraft or aircraft engine is appropriated under Article 40(2)(a)
or sold or leased under Article 40(2)(b) by a mortgagee, the mortgagee shall,
within the 14 days after the day on which the aircraft or aircraft engine
is appropriated, sold or leased, give the persons referred to in Article 46(1)(a)
and (b) a statement of account in writing, showing –
(a) in the case of –
(i) an
appropriation, the gross value realized by virtue of the appropriation,
(ii) a
sale, the amount of the gross proceeds of the sale, or
(iii) a
lease, the amount of the gross proceeds of the lease which, in accordance with
the lease agreement, is expected over the term of the lease and the residual value
that aircraft or aircraft engine is expected to have on expiry of the lease;
(b) the amount of the
mortgagee’s reasonable costs incurred in relation to the appropriation,
sale or lease (being the costs referred to in Article 48(2) or (3));
(c) the amount of any other
reasonable expenses incurred by the mortgagee in enforcing the aircraft
mortgage or aircraft engine mortgage after the event of default;
(d) the net value, or net
proceeds of the sale or lease, of the aircraft or aircraft engine, referred to
in Article 48(2) or (3); and
(e) the surplus owing by,
or debt owing to, the mortgagee, as the case may be.[15]
46 Distribution
of surplus
(1) Subject to Article 34,
if a mortgagee has appropriated an aircraft or aircraft engine under Article 40(2)(a)
or sold or leased an aircraft or aircraft engine under Article 40(2)(b),
the mortgagee shall pay the following persons the amount of any resulting
surplus by satisfying the claims of those persons in the following order –
(a) in
payment, in due order of priority, of mortgagees whose aircraft mortgages or
aircraft engine mortgages were registered after the aircraft mortgage or
aircraft engine mortgage of the mortgagee exercising the power of sale or lease
was registered, if paragraph (2) applies to such subsequently registered
aircraft mortgages or aircraft engine mortgages; and
(b) as to
the balance (if any remains) in payment to the mortgagor, or in the event that
the mortgagor has become insolvent or been subjected to any other judicial
arrangement consequent upon insolvency, to the Viscount, liquidator or other
proper officer.[16]
(2) This paragraph applies
to the aircraft mortgage or aircraft engine mortgage of any mortgagee on whose
behalf (as well as on his or her own behalf) the mortgagee exercising the power
of sale or lease was, immediately before the exercise of such power, holding
possession of or exercising control over the aircraft or aircraft engine.[17]
47 Surplus
may be paid into the Royal Court
(1) The mortgagee may
alternatively discharge its obligation under Article 46 to pay any amount
of resulting surplus by paying that amount into the Royal Court.
(2) The surplus may then
only be paid out if the Royal Court so orders on application by a person
entitled to the surplus.
(3) That entitlement to the
surplus shall be determined in accordance with Article 46.
48 Existence
of surplus
(1) For the purposes of
Articles 46 and 47, a surplus exists if –
(a) a
mortgagee has appropriated the aircraft or aircraft engine under this Part, and
the net value of the aircraft or aircraft engine exceeds –
(i) the amount of the
debt owed to the mortgagee by the mortgagor (where the aircraft or aircraft
engine secures payment), or
(ii) the
monetary value of the obligation owed to the mortgagee (where the aircraft or
aircraft engine secures performance of a non-monetary obligation); or
(b) a
mortgagee has sold or leased the aircraft or aircraft engine under this Part,
and the net proceeds of the sale or lease exceed –
(i) the amount of the
debt owed to the mortgagee by the mortgagor (where the aircraft or aircraft
engine secures payment), or
(ii) the
monetary value of the obligation owed to the mortgagee (where the aircraft or
aircraft engine secures performance of a non-monetary obligation).[18]
(2) In paragraph (1)(a),
“net value of the aircraft or aircraft engine” means the value of
the aircraft or aircraft engine, minus the mortgagee‘s reasonable costs
incurred in, and incidental to, the appropriation.
(3) In paragraph (1)(b),
“net proceeds of the sale or lease” means the proceeds of the sale
or lease minus the mortgagee’s reasonable costs incurred in, and
incidental to, taking possession or control of, holding, valuing, and preparing
the sale or lease of, and selling or leasing, the aircraft or aircraft engine.[19]
49 Realization
of aircraft facilitated by Royal Court
The Royal Court may, on application by the mortgagee when an event
of default occurs in relation to an aircraft mortgage or aircraft engine
mortgage, make any of the following orders if it appears to the Court to be reasonably
necessary to do so in order to make it possible or practicable for the
mortgagee to exercise his or her rights under this Part –
(a) an order for delivery
of an aircraft or aircraft engine to the mortgagee;
(b) an order transferring the
aircraft or aircraft engine into the name of the mortgagee or the
mortgagee’s nominee;
(c) an order vesting title
to the aircraft or aircraft engine in the mortgagee or the mortgagee’s
nominee free of the right of redemption under Article 51;
(d) an order enforcing an
instruction given under Article 40(2)(c)(iii); or
(e) any other order.
50 Effect
of disposal of aircraft or aircraft engine to purchaser or lessor for value and
in good faith[20]
(1) A purchaser or lessor,
for value and in good faith, of an aircraft or aircraft engine appropriated, sold
or leased by a mortgagee takes the aircraft or aircraft engine free from the
following interests –
(a) the
interest of the mortgagor;
(b) any
interest subordinate to that of the mortgagor; and
(c) any
interest subordinate to that of the mortgagee.[21]
(2) Paragraph (1)
applies whether or not –
(a) there
has been compliance with this Part in relation to the aircraft or aircraft
engine; or
(b) the
registration of aircraft mortgages or aircraft engine mortgages relating to an aircraft
or aircraft engine that are subordinate to the aircraft mortgage or aircraft
engine mortgage of the mortgagee appropriating, selling or leasing the aircraft
or aircraft engine has been removed from the Register.[22]
51 Entitled
persons may redeem aircraft
(1) Paragraphs (2) and
(3) apply at any time before a mortgagee who appropriates an aircraft or
aircraft engine under Article 40(2)(a), enters into any agreement to sell
or lease the aircraft or aircraft engine under this Part, or has otherwise
acted irrevocably in relation to the aircraft or aircraft engine, after an
event of default.[23]
(2) A person who is listed
in Article 41(1)(a) or (b) may redeem the aircraft or aircraft engine by –
(a) tendering
fulfilment of the obligations secured by the aircraft or aircraft engine; and
(b) paying
a sum equal to the reasonable costs incurred referred to in Article 48(2)
or (3), as the case requires, and any other reasonable expenses incurred by the
mortgagee in enforcing the aircraft mortgage or aircraft engine mortgage after
the event of default.
(3) The mortgagor’s
right to redeem the aircraft or aircraft engine has priority over any other
person’s right to redeem the aircraft or aircraft engine.
52 Effect of
subsequent bankruptcy of mortgagor
(1) Subject to Article 34(1),
upon the mortgagor becoming bankrupt –
(a) to
the extent that the proceeds of sale or lease of the aircraft or aircraft
engine is sufficient, the amount due to a mortgagee in respect of an aircraft
mortgage or aircraft engine mortgage shall be paid in priority to all other
claims; and
(b) nothing
in this Law shall affect the vesting in the Viscount or other body or person,
under the law relating to bankruptcy in Jersey, of the rights of the mortgagor to
the aircraft or aircraft engine.[24]
(2) If the mortgagor of a
registered aircraft or registered aircraft engine becomes bankrupt or the
mortgagor or the mortgagor’s property is subjected, whether in Jersey or
elsewhere, to any other judicial arrangement or proceeding consequent upon
insolvency, the power of a mortgagee who has an aircraft mortgage or aircraft
engine mortgage over the aircraft or aircraft engine to appropriate, sell or
lease, or otherwise act in relation to the aircraft or aircraft engine, under this
Part shall not be affected.[25]
(3) [26]
(4) In this Article references
to a person becoming bankrupt shall, unless the contrary intention appears, be
construed as references to either –
(a) the
grant by the Royal Court of an application made by that person to place the
person’s property under the control of the Court (de remettre ses biens entre les
mains de la Justice);
(b) the
declaring of the property of that person to be en désastre;
(c) the
grant by the Royal Court of an application made by that person to make a
general cession of the person’s property (de faire cession
générale de tous ses biens-meubles et héritages);
(d) a
decision of the Royal Court adjudging the property of that person to be
renounced (adjugée
renoncée); or
(e) the
winding up of –
(i) a company by
means of a creditors’ winding up under Chapter 4 of Part 21 of
the Companies (Jersey)
Law 1991 or a winding up under Article 155 of that Law,
(ii) a
limited liability partnership under the Limited Liability Partnerships (Jersey)
Law 1997 and the Limited Liability Partnerships (Insolvent Partnerships)
(Jersey) Regulations 1998,
(iii) an
incorporated limited partnership under Parts 3 and 4 of the Incorporated Limited
Partnerships (Jersey) Regulations 2011, or
(iv) an
insolvent foundation under Chapter 3 of Part 2 of the Foundations (Winding up)
(Jersey) Regulations 2009 or a foundation on just and
equitable grounds under Part 4 of those Regulations,[27]
and references to “bankruptcy” shall be construed
accordingly.
Part 5
Recording and registration of births and deaths
53 Recording
and registration of births and deaths
(1) The States may by Regulations provide for such persons as may be
specified in the Regulations to keep records and make returns to the Registrar
of –
(a) births
and deaths occurring in any part of the world in any aircraft registered in
Jersey; and
(b) the
death outside Jersey of any person who, being a traveller on such an aircraft,
is killed on the journey in consequence of an accident,
and for the keeping by the Registrar of a record of any returns made
to the Registrar in accordance with any such requirement.
(2) Where Regulations made under paragraph (1) provide for the
keeping of records by the Registrar, the Regulations shall also provide for the
transmission of certified copies of those records to the Superintendent
Registrar in Jersey.
(3) The Superintendent
Registrar shall cause the records received under paragraph (3) to be filed
and preserved in books to be kept by the Superintendent Registrar for the
purpose, and to be called respectively the Register of Births on Jersey
Registered Aircraft and the Register of Deaths on Jersey Registered Aircraft.
(4) Regulations made under paragraph (1)
shall provide for the rectification of any records kept by the Registrar pursuant
to the Regulations and for the transmission of certified copies of any
corrected entry in the records to the Superintendent Registrar.
(5) The Marriage and Civil Status
(Jersey) Law 2001 shall have effect as if the Register of Births
on Jersey Registered Aircraft and the Register of Deaths on Jersey Registered
Aircraft were certified copies or duplicate registers transmitted to the
Superintendent Registrar in accordance with that Law.
(6) The States may by
Regulations provide –
(a) for the
keeping by the Registrar of a record of persons reported to the Registrar as
missing, being persons with respect to whom there are reasonable grounds for
believing that they have died in consequence of an accident to an aircraft registered
in Jersey;
(b) for the
rectification of any such record; and
(c) for the
transmission of information as to the matters for the time being entered on the
record to the Superintendent Registrar.[28]
(7) In this Article
“Superintendent Registrar” has the meaning assigned to it by
Article 1 of the Marriage and Civil Status
(Jersey) Law 2001.
PART 6
MISCELLANEOUS
54 Confidentiality
(1) A person
who –
(a) under
or for the purposes of this Law receives any information relating to the
business or other affairs of any person; or
(b) obtains
information referred to in sub-paragraph (a) directly or indirectly from a
person who has so received it,
shall not disclose the information without the consent of the person
to whom it relates and (if different) the person from whom it was so obtained.
(2) Paragraph (1) does
not preclude –
(a) the
disclosure of information –
(i) which at the time
of disclosure is or has already been made available to the public from other
sources, or
(ii) which
is in a form which prevents information relating to any particular person to be
ascertained from it;
(b) the
disclosure of information for the purpose of enabling or assisting the
Registrar to discharge the Registrar’s functions;
(c) the
disclosure of information for the purpose of assisting, in the public interest,
any authority appearing to the Registrar to exercise, in a place outside
Jersey, functions corresponding to those of the Registrar;
(d) the
disclosure of information in compliance with, or for the purposes of enabling
or assisting a person to comply with, any requirement imposed by or under this
Law or any other enactment;
(e) a
disclosure of information which is authorized by or under this Law or any other
enactment;
(f) the
disclosure of information –
(i) for the purposes
of the investigation, prevention or detection of crime, or
(ii) with
a view to the institution of, or otherwise for, the purposes of any criminal
proceedings,
whether under this Law or otherwise;
(g) the
disclosure of information in connection with any other proceedings arising out
of this Law;
(h) the
disclosure of information with a view to the institution of, or otherwise for
the purposes of, any disciplinary proceedings relating to the exercise of the
professional functions of any person;
(i) the
disclosure of information in connection with the discharge of any international
obligation to which Jersey may from time to time be subject; or
(j) the
disclosure of information to comply with an order of a court.
(3) A person who discloses
any information in contravention of this Article shall be guilty of an offence
and liable to imprisonment for a term of 2 years and to a fine.
55 Limitation of
liability
(1) Subject to Article 38 –
(a) the
Minister or any person who is, or is acting as, an officer, servant or agent in
an administration of the States for which the Minister is assigned
responsibility;
(b) the
Registrar; and
(c) a
person appointed under Article 2(3) to perform the functions of the
Registrar,
are not liable in damages for any act done in the discharge, or
purported discharge, of any function of the Registrar.
(2) Paragraph (1) does
not apply –
(a) if it
was shown that the act was done in bad faith; or
(b) so as
to prevent an award of damages made in respect of an act on the ground that the
act was unlawful as a result of Article 7(1) of the Human Rights (Jersey)
Law 2000.
56 Appeal
A person aggrieved by a decision of the Registrar under this Law may,
within 28 days of that decision or within such further time as the Royal
Court allows, appeal to the Royal Court against that decision.
57 Service
of documents
(1) Subject to paragraph (5),
a document may be served under this Law in any of the following ways –
(a) on
an individual, by delivering it to the individual personally or by leaving it
at the individual’s proper address or by sending it by recorded delivery
post to the individual at that address;
(b) on
a body corporate, by serving it in accordance with sub-paragraph (a) on
the secretary or clerk of that body;
(c) on
a partnership, by serving it in accordance with sub-paragraph (a) on a
partner or a person having the control or management of the partnership
business; or
(d) on
an unincorporated body or unincorporated association of persons, by serving it
in accordance with sub-paragraph (a) on any person having the control or
management of its affairs.
(2) For the purposes of
this Article, and of Article 7 of the Interpretation (Jersey)
Law 1954 in its application to this Article, the
proper address of any person on whom a document is to be served is the
person’s last known address, except that –
(a) in
the case of service on a body corporate or its secretary or clerk, it is the
address of the registered or principal office of the body; or
(b) in
the case of service on a partnership or a partner or a person having the
control or management of a partnership business, it is the address of the
principal office of the partnership.
(3) In the case of a body
incorporated outside Jersey or of a partnership carrying on business outside
Jersey, its principal office within Jersey is its principal office for the
purposes of this Article.
(4) If a person who is to
be served under this Law with any document has specified an address within
Jersey other than the person’s proper address (as determined in
accordance with paragraph (2)) as the one at which the person or someone
on his or her behalf will accept service of documents, that address may be
treated as the proper address for the purposes of this Article.
(5) This Article does not
apply to any document for which provision for service is made by Rules of
Court, but it does not prevent service by any other mode that is permitted by
any other enactment or rule of law.
(6) Despite the other provisions
of this Article and of any other rule of law in relation to the service of
documents, no document to be served on the Registrar under or for the purposes
of this Law shall be deemed to have been served until it is received.
(7) The Minister may by
Order make provision for the service of documents to be effected by means in
addition to or instead of the methods described in this Article.
58 Documents
to be submitted in electronic form
(1) This Article applies to
any document to be served on the Registrar, including any application,
statement, consent, declaration or signature.
(2) The Registrar may
require or permit any document to be served on the Registrar under or for the
purposes of this Law to be in such electronic form and be served by such
electronic means as the Registrar may determine, whether in any particular case
or class of cases or generally.
(3) This Article is without
prejudice to the Electronic Communications
(Jersey) Law 2000.
(4) This Article does not
apply to any document for which provision for service is made by Rules of
Court, but it does not prevent service by any other mode that is permitted by
any other enactment or rule of law.
(5) In this Article
“electronic” has the meaning given to it under Article 1 of
the Electronic Communications
(Jersey) Law 2000.
59 Information
required by Registrar
(1) The Registrar may, by
written notice require a relevant person to provide the Registrar, in such form
and at such times as may be specified in the notice, such information as the
Registrar may reasonably require for the exercise of the Registrar’s
functions under this Law.
(2) The Minister may by
Order require any person to provide the Registrar, in such form and at such
times as may be prescribed, with information which the Registrar may reasonably
require for the exercise of the Registrar’s functions under this Law.
(3) A person who fails to
comply with a requirement to provide information under paragraph (1) or (2)
that is in the person’s control or possession shall be guilty of an
offence and liable to a fine of level 3 on the standard scale.[29]
(4) Where a person fails to
comply with a requirement to provide information under paragraph (1) or
(2), the Registrar may, whether or not any proceedings in respect of the
requirement have been brought under paragraph (3), revoke or refuse to
issue, any registration which was given, or to be given, by the Registrar and
to which the requirement related.
60 False
or misleading information
(1) A person who makes a
statement in any document, material, evidence or information which is required
to be provided to the Registrar under this Law that, at the time and in the
light of the circumstances under which it is made, is false or misleading with
respect to any material fact, or that omits to state any material fact the
omission of which makes the statement false or misleading, shall be guilty of
an offence and liable to imprisonment for a term of 2 years and to a fine.
(2) A person shall not be
guilty of the offence if the person did not know that the statement was false
or misleading and with the exercise of all due diligence could not have known
that the statement was false or misleading.
61 Criminal
liability of partners, directors and other officers
(1) Where an offence under this
Law is committed by a limited liability partnership, a separate limited
partnership, any other partnership having separate legal personality or a body
corporate is proved to have been committed with the consent or connivance of –
(a) a person who is a partner of the
partnership, or director, manager, secretary or other similar officer of the
body corporate; or
(b) any person purporting to act in any such
capacity,
the person is also guilty
of the offence and liable in the same manner as the partnership or body
corporate to the penalty provided for that offence.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1)
applies in relation to acts and defaults of a member in connection with the member’s
functions of management as if he or she were a director of the body corporate.
62 Defence
of due diligence
In any proceedings for an offence under Article 19(3), 54(3) or
59(3) it is a defence for the defendant to prove that he or she took all reasonable
precautions and exercised all due diligence to avoid the commission of such an
offence by himself or herself and by any person under his or her control.
63 Power
to give effect to Cape Town Convention
The States may by Regulations give effect to the Convention on
International Interests in Mobile Equipment and associated Protocol to the
Convention on Matters Specific to Aircraft Equipment (the “Cape Town
Convention”) which was signed on 16th November 2001 by the
United Kingdom.
64 Regulations
The States may by Regulations –
(a) make such other
provision as the States think fit for the purposes of carrying this Law into
effect;
(b) amend Article 1
and Part 2;
(c) create offences for
breach of any provision of Regulations made under this Law, and specify
penalties for such offences not exceeding imprisonment for 2 years and a
fine;
(d) make such consequential,
incidental, supplementary and transitional provision as appear to
the States or the Minister, as the case requires, to be necessary or expedient
for the purposes of the Regulations.
65 Orders
The Minister may, by Order, make provision –
(a) for any matter which is
to be prescribed under this Law;
(b) as to the manner of
filing of applications and other documents;
(c) requiring and
regulating the translation of documents and the filing and authentication of
any translation;
(d) for the service of
documents;
(e) authorizing the
rectification of irregularities of procedure;
(f) for time limits
for anything required to be done in connection with any proceeding under this
Law and for the extension of any such time limit whether or not it has already
expired;
(g) for fees to be payable,
in addition to any fees prescribed under this Law;
(h) amending the Schedules.[30]
66 Rules
of Court
The power to make Rules of Court under the Royal Court (Jersey)
Law 1948 shall include the power to make Rules for the purposes of this Law.
67 Citation
This Law may be cited as the Aircraft Registration (Jersey)
Law 2014.