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.
Adopted by the
States 8th July 2014
Sanctioned by
Order of Her Majesty in Council 8th October 2014
Registered by the
Royal Court 17th
October 2014
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
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;
“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;
“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 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.
(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 appropriate fee, the supply of certified or uncertified copies
or extracts of entries in the Register.
(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, 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) 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 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 was 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 registered in
Jersey.
(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 4 on the standard scale.
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 in the nature of a hypothec over
a registered aircraft or registered aircraft engine may be created 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.
(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[1]; 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 Mortgagee
not treated as owner
Except as far as may be necessary for making an aircraft or aircraft
engine available as security for the mortgage debt, the mortgagee shall not by
reason of the aircraft mortgage or aircraft engine mortgage be deemed to be the
owner of the aircraft or aircraft engine, nor shall the mortgagor be deemed to
have ceased to be the owner of the aircraft or aircraft engine.
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
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.
(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 or sale of aircraft
(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 the aircraft or
aircraft engine, under Article 40(2)(b) give written notice of the default and
intention to sell to the following persons –
(a) the
mortgagor; and
(b) any
person who, 21 days before the sale, has a registered aircraft mortgage or
registered aircraft engine mortgage over the aircraft or aircraft engine.
(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 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;
(b) to
act in other respects in a reasonable manner in relation to the sale; and
(c) to
enter any agreement for or in relation to the sale only on reasonable terms.
(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
or sale.
44 Extinction
of subordinate aircraft mortgages and aircraft engine mortgages on
appropriation or sale
If an aircraft or aircraft engine is
appropriated under Article 40(2)(a) or sold 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 or sold the aircraft or aircraft
engine shall be extinguished on the appropriation or sale of the aircraft or
aircraft engine.
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 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 or sold, give the persons referred to in Article 46(1)(a) and
(b) a statement of account in writing, showing –
(a) the
gross value realized by virtue of the appropriation or the amount of the gross
proceeds of sale;
(b) the
amount of the mortgagee’s reasonable costs incurred in relation to the
appropriation or sale (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, 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.
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 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 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.
(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 was, immediately before the exercise of such
power, holding possession of or exercising control over the aircraft or
aircraft engine.
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 the aircraft or aircraft engine under this Part, and the net
proceeds of the sale 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).
(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” means the proceeds of the sale minus the
mortgagee’s reasonable costs incurred in, and incidental to, taking
possession or control of, holding, valuing, and preparing the sale of, and
selling, the aircraft or aircraft engine.
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 for value and in good
faith
(1) A
purchaser, for value and in good faith, of an aircraft or aircraft engine appropriated
or sold 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.
(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 or selling the aircraft or
aircraft engine has been removed from the Register.
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
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.
(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 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.
(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
or sell, or otherwise act in relation to the aircraft or aircraft engine, under
this Part shall not be affected.
(3) Subject
to paragraphs (1) and (2) and Article 40, where the property of the
mortgagor has been declared en désastre –
(a) the Viscount may apply
to the Royal Court for an order vesting in the Viscount the rights of the
mortgagee in the aircraft or aircraft engine and directing that it be sold;
(b) subject to sub-paragraph (c),
the Royal Court may make an order applied for under paragraph directing such
vesting and sale upon such terms and subject to such conditions as the Royal Court
may think fit; and
(c) if the Royal Court
makes an order under paragraph (b), the proceeds of such sale of the aircraft
or aircraft engine shall be applied by the Viscount in the following order –
(i) in payment of the
reasonable costs incurred in, and incidental to, taking possession or control
of, holding, valuing and preparing the sale of, and selling, the aircraft or
aircraft engine,
(ii) in the discharge
of any preferred debts and preferred liens,
(iii) in the discharge of the
aircraft mortgages or aircraft engine mortgages registered in the order of
priority provided for under Article 34, and
(iv) as to the balance (if
any remains) in payment of all other debts proved in the désastre.
(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[2] or a winding up under Article 155
of that Law,
(ii) a limited
liability partnership under the Limited Liability Partnerships (Jersey) Law 1997[3] and the Limited Liability
Partnerships (Insolvent Partnerships) (Jersey) Regulations 1998[4],
(iii) an incorporated limited
partnership under Parts 3 and 4 of the Incorporated Limited Partnerships
(Jersey) Regulations 2011[5], or
(iv) an insolvent foundation
under Chapter 3 of Part 2 of the Foundations (Winding Up) (Jersey) Regulations 2009[6] or a foundation on just and
equitable grounds under Part 4 of those Regulations.
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[7] 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 the 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.
(7) In
this Article “Superintendent Registrar” has the meaning assigned to
it by Article 1 of the Marriage and Civil Status
(Jersey) Law 2001[8].
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[9].
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[10] 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[11].
(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[12].
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 4 on the standard scale.
(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
the fees for any application to the Registrar;
(h) amending
the Schedules.
66 Rules
of Court
The power to make Rules of Court under the Royal Court (Jersey) Law 1948[13] shall include the power to
make Rules for the purposes of this Law.
67 Citation
and commencement
This Law may be cited as the Aircraft Registration (Jersey) Law 2014
and shall come into force on such day or days as the States may by Act appoint.
m.n. de la haye, o.b.e.
Greffier of the States