Cap. 503 Art. 13Cancellation of registration.

(1) Subject to the provisions of this article and article 14, an aircraft shall not be registered or continue to be registered in

Malta, and the certificate of registration shall forthwith be returned by the registrant to the Director General for cancellation by the

Director General if:

(a) it appears to the Director General that the aircraft is registered outside Malta and that such registration does not cease, or by other action on the part of the registrant, the owner of the aircraft or the authority administering the previous registration, upon the aircraft being registered in Malta;

(b) a person who is not qualified in terms of article 6 holds an interest above the applicable threshold by way of ownership in the aircraft or share therein: Provided that where a registered registered mortgagee or the holder of an international interest or a security interest, takes such action as is considered necessary to protect his rights, including temporarily vesting the aircraft in his own name or that of a special purpose vehicle for himself for the purpose of protecting his interests, the Director General shall not cancel the registration of the aircraft on the basis that such person is not qualified to register such aircraft until such time as such rights are enforced;

(c) the operator of the aircraft, being the registrant of the aircraft, is no longer a qualified person, or is no longer entitled to operate the aircraft under the temporary title or for any other reason: Provided that if an unqualified person has been permitted to operate a registered aircraft together with qualified persons under specified conditions, the operation by such person under such conditions shall be disregarded for the purpose of this provision: Provided further that where a registered mortgagee or a holder of a security interest takes such action as is considered necessary to protect his rights, including temporarily taking over the operation of the aircraft directly (if competent) or through a competent person, nothing in this sub-article shall require the Director General to cancel the registration of the aircraft until:

(i) such time as the aircraft has been transferred to a third party which is not a qualified person in terms of article 6, or

(ii) the holder of the international interest advises the Director General that the registration is no longer required to protect its interest;;

(d) in the opinion of the Director General, the aircraft could more suitably be registered elsewhere;

(e) in the opinion of the Minister, it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Malta;

(f) the registrant has made a written request to the Director General for cancellation of registration and closure of register;

(g) it appears to the Director General that any applicable requirements under the Civil Aviation Act or under regulations or directives thereunder or under EU regulations, relating to the safety of the operation or the airworthiness of that aircraft, are not being faithfully or cannot be complied with;

(h) it is not compliant with any applicable statutory aircraft registration conditions in respect of aircraft noise or exhaust gas emissions; or

(i) it appears to the Director General that the aircraft is not compliant with any applicable requirements under this Act and/or under guidelines or exemptions as may be prescribed by the Director General and such non-compliance has not been remedied within the time-frames imposed by the Director General.

(2) Where a request for cancellation of the registration of an aircraft is made by an authorised person or his delegate in writing or his Certified Designee, pursuant to a registered irrevocable de-registration and export request authorisation or power of attorney, registered in the Malta Aircraft Register or in the International Registry, in accordance with the forms and procedures outlined in the Second Schedule, such request shall be acted upon in all cases by the Director General unless any international interest registered in the International Registry, ranks in priority thereto in which case the provisions of sub-article (4) shall apply.

(3) The certificate of registration of an aircraft is in any case to be considered void if the registration of the aircraft to which it relates is cancelled.

(4) The registration of an aircraft which is the subject of an undischarged mortgage or an international interest or a registered irrevocable de-registration and export request authorisation or a registered power of attorney shall not be cancelled on the basis of any of the events referred to in sub-article (1) and, nor shall the Director General cancel the registration of such an aircraft pursuant to this article unless all holders of registered mortgages or a registered irrevocable de-registration and export request authorisation or registered international interests or registered power of attorney over that aircraft have consented to the cancellation:

Provided that the Director General shall cancel the registration of such an aircraft where such a request for cancellation is made by an authorised person or his delegate in writing or his Certified Designee, pursuant to a registered irrevocable de-registration and export request authorisation or power of attorney, registered in the Malta Aircraft Register or in the International Registry as long as the holder of such registered irrevocable de-registration and export request authorisation or his delegate or Certified Designee or power of attorney has certified in accordance with the Second Schedule, and has submitted supporting documents to the satisfaction of the Director General, that all registered international interests ranking in priority to that of the holder of a registered irrevocable de-registration and export request authorisation or his delegate or Certified Designee or power of attorney have been discharged or that the holders of such interests have consented to the de-registration and export of the aircraft or of any related engine as specified in the Second Schedule: Provided further that should there be a registered mortgage registered prior to the effective date then the Director General shall cancel the registration of such an aircraft if the holder of such registered mortgage discharges the mortgage or else has so consented to the de-registration and export of the aircraft or of any related engine: Provided further that in the case referred to in sub-article (1)(e), the Minister may order that an aircraft registration be cancelled even without the consent of any mortgagee or the holder of an international interest or the holder of a registered irrevocable de-registration and export request authorisation or his delegate or Certified Designee provided that the provisions of the following sub-articles shall apply prior to the cancellation taking place.

(5) In the case referred to in sub-article (1)(e) above, the Director General shall give all registrants, any mortgagees, any holders of any international interests and any authorised person or his delegate or Certified Designee under an irrevocable de-registration authorisation and export request authorisation at least fifteen working days’ notice of any intent to close the register, in terms of this article, unless the cause for such closure is remedied within such time or such longer period expressly stated in the notice. The Director General shall specify in the notice the reason for the proposed closure and the expiry date for the issue to be addressed, failing which closure will be effected.

(6) The registrant, any mortgagees, any holders of any international interests and any authorised person or his delegate or Certified Designee under an irrevocable de-registration authorisation and export request authorisation may appeal to the Administrative Review Tribunal established under the Administrative Justice Act, within fifteen working days of receiving the relevant notice under sub-article (5) either:

(a) on the basis that it is not justified; or

(b) on the basis that effective action has been taken to remedy the complaint and the Director General has failed to withdraw the order to cancel.

(7) Pending the determination of an appeal under the preceding sub-article, the Director General shall not proceed to close the register.