Mortgaging of Aircraft Order 1972
| Jurisdiction | UK Non-devolved |
| Citation | SI 1972/1268 |
1972 No. 1268
CIVIL AVIATION
The Mortgaging of Aircraft Order 1972
Made 14th August 1972
Coming into Operation 1st October 1972
At the Court at Balmoral, the 14th day of August 1972
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 16 of the Civil Aviation Act 1968 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and Commencement
1. This Order may be cited as the Mortgaging of Aircraft Order 1972 and shall come into operation on 1st October 1972.
Interpretation
2.—(1) The Interpretation Act 1889 applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
(2) In this Order:
“” means
“” means
“”
“” means
“” means
Mortgage of Aircraft
3. An aircraft registered in the United Kingdom nationality register or such an aircraft together with any store of spare parts for that aircraft may be made security for a loan or other valuable consideration.
Registration of Aircraft Mortgages
4.—(1) Any mortgage of an aircraft registered in the United Kingdom nationality register may be entered in the Register of Aircraft Mortgages kept by the Authority.
(2) Applications to enter a mortgage in the Register shall be made to the Authority by or on behalf of the mortgagee in the form set out in Part I of Schedule 1 hereto, and shall be accompanied by a copy of the mortgage, which the applicant shall certify to be a true copy, and the appropriate charge.
5.—(1)
(2) Applications to enter a priority notice in the Register shall be made to the Authority by or on behalf of the prospective mortgagee in the form set out in Part II of Schedule 1 hereto, and shall be accompanied by the appropriate charge.
6.—(1) Where two or more aircraft are the subject of one mortgage or where the same aircraft is the subject of two or more mortgages, separate applications shall be made in respect of each aircraft or of each mortgage, as the case may be.
(2) Where a mortgage is in a language other than English, the application to enter that mortgage in the Register shall be accompanied not only by a copy of that mortgage but also by a translation thereof, which the applicant shall certify as being, to the best of his knowledge and belief, a true translation.
7.—(1) When an application to enter a mortgage or priority notice in the Register is duly made, the Authority shall enter the mortgage or the priority notice, as the case may be, in the Register by placing the application form therein and by noting on it the date and the time of the entry.
(2) Applications duly made shall be entered in the Register in order of their receipt by the Authority.
(3) The Authority shall by notice in its Official Record specify the days on which and hours during which its office is open for registering mortgages and priority notices. Any application delivered when the office is closed for that purpose shall be treated as having been received immediately after the office is next opened.
(4) The Authority shall notify the applicant of the date and time of the entry of the mortgage or the priority notice, as the case may be, in the Register and of the register number of the entry and shall send a copy of the notification to the mortgagor and the owner.
Amendment of entries in the Register
8.—(1) Any change in the person appearing in the Register as mortgagee or as mortgagor or in the name or address of such person or in the description of the mortgaged property shall be notified to the Authority by or on behalf of the mortgagee, in the form set out in Part III of Schedule 1 hereto.
(2) On receipt of the said form, duly completed and signed by or on behalf of the mortgagor and the mortgagee and on payment of the appropriate charge, the Authority shall enter the notification in the Register and shall notify the mortgagor, the mortgagee and the owner that it has done so.
Discharge of Mortgages
9.—(1) Where a registered mortgage is discharged the mortgagor shall notify the Authority of the fact in the form set out in Part IV of Schedule 1 hereto.
(2) On receipt of the said form, duly completed and signed by or on behalf of the mortgagor and the mortgagee and of a copy of the mortgage with a discharge or receipt for the mortgage money duly endorsed thereon, or of any other document which shows, to the satisfaction of the Authority, that the mortgage has been discharged and on payment of the appropriate charge, the Authority shall enter the said form in the Register and mark the relevant entries in the Register “Discharged”, and shall notify the mortgagee, the mortgagor and the owner that it has done so.
Rectification of the Register
10. Any of the following courts, that is to say the High Court of Justice in England, the Court of Session in Scotland and the High Court of Justice in Northern Ireland may order such amendments to be made to the Register as may appear to the court to be necessary or expedient for correcting any error therein. On being served with the order the Authority shall make the necessary amendment to the Register.
Inspection of Register and copies of entries
11.—(1) On such days and during such hours as the Authority may specify in its Official Record, any person may, on application to the Authority and on payment to it of the appropriate charge inspect any entry in the Register specified in the application.
(2) The Authority shall, on the application of any person and on payment by him of the appropriate charge, supply to the applicant a copy, certified as a true copy, of the entries in the Register specified in the application.
(3) The Authority shall, on the application of any person and on payment by him of the appropriate charge, notify the applicant whether or not there are any entries in the Register relating to any aircraft specified in the application by reference to its nationality and registration marks.
(4) A document purporting to be a copy of an entry in the Register shall be admissible as evidence of that entry if it purports to be certified as a true copy by the Authority.
(5) Nothing done in pursuance of paragraph (2) or (3) of this Article shall affect the priority of any mortgage.
Removal of aircraft from the United Kingdom Nationality Register
12. The removal of an aircraft from the United Kingdom nationality register shall not affect the rights of any mortgagee under any registered mortgage and entries shall continue to be made in the Register in relation to the mortgage as if the aircraft had not been removed from the United Kingdom nationality register.
Register as notice of facts appearing in it
13. All persons shall at all times be taken to have express notice of all facts appearing in the Register, but the registration of a mortgage shall not be evidence of its validity.
Priority of Mortgages
14.—(1) Subject to the following provisions of this article, a mortgage of an aircraft entered in the Register shall have priority over any other mortgage of or charge on that aircraft, other than another mortgage entered in the Register:
(2) Subject to the following provisions of this article, where two or more mortgages of an aircraft are entered in the Register, those mortgages shall as between themselves have priority according to the times at which they were respectively entered in the Register:
Provided that:
(i)
(i) mortgages of an aircraft made before 1st October 1972 which are entered in the Register before 31st December 1972 shall have priority over any mortgages of that aircraft made on or after 1st October 1972 and shall as between themselves have the same priority as they would have had if this Order had not been made;
(ii)
(ii) without prejudice to proviso (i), where a priority notice has been entered in the Register and the contemplated mortgage referred to therein is made and entered in the Register within 14 days thereafter that mortgage shall be deemed to have priority from the time when the priority notice was registered.
(3) In reckoning the period of 14 days under the preceding paragraph of this article, there shall be excluded any day which the Authority has by notice in its Official Record specified as a day on which its office is not open for registration of mortgages.
(4) The priorities provided for by the preceding provisions of this article shall have effect notwithstanding any express, implied or constructive notice affecting the mortgagee.
(5) Nothing in this article shall be construed as giving a registered mortgage any priority over any possessory lien in...
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