Civil Aviation Act 1968
CH. 61
11
(ii) any other aircraft of which the person in default is the operator at the time when the detention begins; and
(b) if the charges are not paid within fifty-six days of the date when the detention begins, sell the aircraft in order to satisfy the charges.
(2) An aerodrome authority shall not detain, or continue to detain, an aircraft under this section by reason of any alleged default in the payment of airport charges if the operator of the aircraft or any other person claiming an interest therein-
(a) disputes that the charges, or any of them, are due or, if the aircraft is detained under subsection (1)(a)(i) of this section, that the charges in question were incurred in respect of that aircraft; and
(b) gives to the authority, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
(3) An aerodrome authority shall not sell an aircraft under this section without the leave of the court; and the court shall not give leave except on proof that a sum is due to the authority for airport charges, that default has been made in the payment thereof and that the aircraft which the authority seek leave to sell is liable to sale under this section by reason of the default.
(4) An aerodrome authority proposing to apply for leave to sell an aircraft under this section shall take such steps as may be prescribed by the Board of Trade by regulations made by statutory instrument-
(a) for bringing the proposed application to the notice of persons whose interests may be affected by the deter- mination of the court thereon; and
(b) for affording to any such person an opportunity of becoming a party to the proceedings on the application; and, if leave is given, the aerodrome authority shall secure that the aircraft is sold for the best price that can reasonably be obtained; but failure to comply with any requirement of this subsection in respect of any sale, while actionable as against the aerodrome authority concerned at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
(5) The proceeds of any sale under this section shall be applied as follows, and in the following order, that is to say-
(a) in payment of any customs duty or purchase tax which is due in consequence of the aircraft having been brought into the United Kingdom;