Cap. 503 Art. 2Interpretation.

(1) In this Act, unless the context otherwise requires:

"Consolidated Fund" has the same meaning assigned under article 124 of the Constitution; "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 as may be illustrated or amplified by the Minister by regulations, including unmanned aircraft whose design is subject to certification under the EASA Basic Regulation and airframes with aircraft engines installed thereon, but excluding aircraft used in the military, customs or police services of any State;

"aircraft engines" means aircraft engines (other than those used in military, customs or police services) powered by jet propulsion or turbine or piston technology and together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto without prejudice to any other thresholds which may be applicable for the purposes of other parts of this Act; "airframes” means airframes (other than those used in military, customs and police services) that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport persons or cargo, together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto, without prejudice to any other thresholds which may be applicable for the purposes of other parts of this Act; "the Aircraft Protocol" and "the Protocol" mean the Protocol to the Convention on International Interests in Mobile Equipment in Matters Specific to Aircraft Equipment that was opened for signature at Cape Town on 16 November 2001, the text of which is consolidated with the text of the Cape Town Convention and

*See article 1(2) of the Act as originally promulgated, and Legal Notice 446 of 2010. substantively reproduced in the First Schedule reflecting the Implementing Law; "air service" means a flight or a series of flights carrying passengers, cargo and, or mail for remuneration and, or hire as defined in Article 2(4) of Regulation (EC) No. 1008/2008 of the European Parliament and of the Council of 24 September, 2008, on common rules for the operation of air services in the Community; "air transport undertaking" has the same meaning as is given to it in the Civil Aviation Act; "approved jurisdiction" means any member country of the Organisation for Economic Co-operation and Development and any other country approved by the Minister by notice for the purposes of this Act; "the Authority" means the Authority for Transport in Malta established under the Authority for Transport in Malta Act; "aviation undertaking" means a legal organisation established under the laws of Malta the objects of which are:

(a) to own aircraft; or

(b) to operate aircraft; or

(c) to manage aircraft; or

(d) to carry on business relating to the -

(i) financing;

(ii) insurance;

(iii) brokerage;

(iv) maintenance;

(v) repair and overhaul;

(vi) classification; or

(vii) surveying of aircraft, and to carry on all, or any ancillary business related thereto; "the Cape Town Convention" and "the Convention" mean the Convention on International Interests in Mobile Equipment that was opened for signature at Cape Town on 16 November 2001, the text of which is consolidated with the text of the Aircraft Protocol and substantively reproduced in the First Schedule reflecting the Implementing Law;

"Certificate of Registration" means the certificate of registration issued by the Director General in accordance with the provisions of this Act; "Certified Designee" means any party designated as a certified designee by the named authorised party under an irrevocable de-registration and export request authorisation; "credit institution" shall have the same meaning as assigned to it in article 2 of the Banking Act;

"crew" means any person employed or engaged on an aircraft in flight on the business of the aircraft; "Declaration" means a declaration made by a State acceding to the Cape Town Convention pursuant to a particular provision or provisions of the Convention or its Aircraft Protocol as the case may be;

"the Depositary" means the Headquarters of the International Institute for the Unification of Private Law (UNIDROIT) in Rome;

"the Diplomatic Conference" means the Diplomatic Conference held under the joint auspices of the International Civil Aviation Organisation and the International Institute of Private Law at Cape Town from 29 October to 16 November 2001; "the Director General" means the Director General responsible for Civil Aviation in Malta, and to the extent of the authority given, any person authorised in that behalf by the Director General;

"EASA Basic Regulation" means Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No. 2111/ 2005, (EC) No. 1008/2008, (EU) No. 996/2010, (EU) No. 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No. 552/2004 and (EC) No. 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No. 3922/91, as amended from time to time; "EEA State" means a State which is a party to the EEA Agreement; "EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on the 2 May, 1992 as adjusted by the Protocol signed at Brussels on the 17 March, 1993, as modified or supplemented from time to time; "effective date" means the date established in accordance with article 56 of the First Schedule; "Implementing Law" means the Model for National Implementing Legislation prepared by the Aviation Working Group to UNIDROIT, dated August, 2008 substantively reproduced in the First Schedule;

"lease agreement" means an agreement by which a person (the lessor) grants a right to possession or control for a stipulated period of time, of an aircraft or an aircraft engine (with or without the option to purchase) to another person (the lessee) in return for a rental or other payment, and the terms "lease", "sub-lease", "sub-lessor" and "sub-lessee" shall be construed accordingly and where the term "lease" is used, it shall include a "sub-lease", where the term "lessor" is used, it shall include a "sub-lessor", and where the term "lessee" is used, it shall include a "sub-lessee"; "Malta Aircraft Register" or "National Aircraft Register" or "register" means the register to be maintained by the Director General in terms of article 4;

"Minister" means the Minister responsible for civil aviation and, to the extent of the authority given, any person authorised in that behalf by such Minister; "mortgage" means a mortgage registered in terms of this Act and shall, where the context so requires, include an equivalent charge registered in the International Registry in terms of the First Schedule, and "mortgagee" shall be construed accordingly;

"operating agreement", for the purposes of Part II, means a lease agreement and any other agreement by virtue of which the operation of an aircraft is granted by an owner (or any person authorised to grant such powers, including a lessee), to another person and under which the possession or control of the aircraft is vested in the operator for such purpose, and shall include a sale agreement with reserved rights or conditions; "operating licence" means a licence granted under article 7 of the Civil Aviation Act to an air transport undertaking for the provision of air service as stated in the operating licence;

"operator" means the person entitled to operate the aircraft as owner, or under an operating agreement;

"registrant" means that person in whose name an aircraft is registered in the Malta Aircraft Register;

"resolution" means a resolution of the House of Representatives; "security agreement" means an agreement by which a debtor grants or agrees to grant to a creditor an interest (including an ownership interest or a mortgage) in or over an aircraft to secure the performance of any existing or future obligation of the debtor or a third person; "security interest" means an interest granted in terms of a security agreement drawn up to secure the rights of -

(a) a person who is a conditional seller under a title reservation agreement; or

(b) the rights of a person who is a lessor under a lease, and which is recognised and regulated in terms of article 41;

"temporary title", for the purposes of Part II, means a lease agreement, an operating agreement, or similar agreement;

"undertaking" has the same meaning as assigned to it in article 2 of the Companies Act;

"unmanned aircraft" means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board.

(2) The definition of the words referred to in the preceding sub-article is supplemented by definitions in article 1 of the First Schedule for the purposes of the said Schedule. Where words used in this Act are defined in the First Schedule, they shall apply, as defined, also to the interpretation of the provisions of this Act, unless defined differently or the context requires otherwise.

(3) Where this Act refers to a matter which may be prescribed, unless this Act expressly designates the person authorised and the manner thereof, such matter may be prescribed by the Minister through regulations, by the Authority through directives, or by the Director General through guidelines or any one or all of them as may be determined, provided that in the case of any conflict, a regulation by the Minister shall prevail over a directive, and a directive shall prevail over a guideline.

(4) When the Implementing Law applies, it shall prevail over any other part of this Act and over any other law, in case of conflict.

(5) To the extent that any matter provided for by the

Implementing Law is not regulated by this Act, then the

Implementing Law shall govern such matter and any other laws shall be construed so as to give effect to such provisions of the Implementing Law as may be applicable.

(6) Where this Act is silent on any matter, such matter shall be determined in accordance with the principles reflected in other provisions of other laws of Malta relating to aviation.

(7) This Act shall be construed consistently with Regulation EC No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community.

(8) In so far as the operation of air services is carried out outside the European Community, this Act shall be construed consistently with the International Treaties applicable to aviation to which Malta is a party.