Application of Bills of Sale Acts and registration provisions of the Companies
Acts
16. (1) The provisions of the Bills of Sale Acts 1878(a) and 1882(b) and the Bills of Sale (Ireland) Acts 1879(c) and 1883(d) insofar as they relate to bills of sale and other documents given by way of security for the payment of money shall not apply to any mortgage of an aircraft registered in the United Kingdom nationality register, which is made on or after 1st October 1972.
(2) Section 95(2)(h) of the Companies Act 1948(e), section 106A (2)(d) of that Act as set out in the Companies (Floating Charges) (Scotland) Act 1961(f) or any re-enactment thereof and section 93(2)(h) of the Companies Act (Northern Ireland) 1960(g) shall have effect as if after the word "ship" where it first occurs in each case there were inserted the words "or aircraft":
Provided that nothing in this paragraph shall render invalid as against the liquidator or creditor of the company, any mortgage or charge created by a company before the date on which this Order comes into force which would not have been invalid against the liquidator or such a creditor if this Order had not been made.
False Statement and Forgery
17.—(1) If, in furnishing any information for the purpose of this Order, any person makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence.
(2) Any person guilty of an offence under paragraph (1) of this article shall:-
(a) on summary conviction be liable to a fine not exceeding £400;
(b) on conviction on indictment be liable to a fine of such amount as the court think fit or to imprisonment for a term not exceeding 2 years or to both such a fine and such imprisonment.
(3) Without prejudice to any rule of the law of Scotland relating to forging and uttering, the Forgery Act 1913(h) shall apply in relation to documents for- warded to the Authority in pursuance of this Order as if such documents were included in the list of documents in section 3(3) of that Act.
Indemnity
18.-(1) Subject to paragraph (2) of this article, any person who suffers loss by reason of any error or omission in the Register or of any inaccuracy in a copy of an entry in the Register supplied pursuant to Article 11(2) of this Order or in a notification made pursuant to Article 11(3) of this Order shall be indemni- fied by the Authority.
(2) No indemnity shall be payable under this article:
(a) where the person who has suffered loss has himself caused or substantially contributed to the loss by his fraud or has derived title from a person so committing fraud;
(b) on account of costs or expenses incurred in taking or defending any legal
proceedings without the consent of the Authority.
Application to Scotland
19. The provisions of Schedule 2 to this Order shall have effect for the purpose of the application of this Order to Scotland.
(a) 1878 c. 31.
(b) 1882 c. 43.
(d) 1883 c. 7.
(e) 1948 c. 38.
(g) 1960 c. 22 (N.I.).
(b) 1913 c. 27.
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W. G. Agnew.
(c) 1879 c. 50. (f) 1961 c. 46.
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