314. Definitions and Interpretation

(1) In this Part 12, unless otherwise defined in this Part or the context indicates otherwise, the defined terms listed below shall have the following meanings —

"agreement" means a security agreement, a title reservation agreement or a leasing agreement;

"aircraft" means aircraft as defined for the purposes of the Chicago Convention which are either airframes with aircraft engines installed thereon or helicopters;

"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 —
(a) in the case of jet propulsion aircraft engines, have at least 1750lb of thrust or its equivalent; and
(b) in the case of turbine-powered or piston-powered aircraft engines, have at least 550 rated take-off shaft horsepower or its equivalent,

together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating to them;
"aircraft objects" means airframes, aircraft engines and helicopters;

"airframes" means airframes (other than those used in military, customs or police services) that, when appropriate aircraft engines are installed thereon, are of a type certified by the competent aviation authority to transport —
(a) at least 8 persons including crew; or
(b) goods in excess of 2750 kilograms,

together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating to them;
"applicable law" means the domestic rules of the law applicable by virtue of the rules of private international law of a State; and where a State comprises several territorial units, each of which has its own rules of law in respect of the matter to be decided, and where there is no indication of the relevant territorial unit —
(a) the law of that State decides which is the territorial unit whose rules govern; and
(b) in the absence of any such rule, the law of the territorial unit with which the case is most closely connected applies;
"Chicago Convention" means the Convention on International Civil Aviation, signed at Chicago on 7th December 1944, as amended, and its Annexes;

"commencement of the insolvency proceedings" means the time at which the insolvency proceedings are deemed to commence under the applicable insolvency law;

"conditional buyer" means a buyer under a title reservation agreement;

"conditional seller" means a seller under a title reservation agreement;

"contract of sale" means a contract for the sale of an aircraft object by a seller to a buyer which is not an agreement (as defined);

"the court" is a reference to a court which has jurisdiction in accordance with these Regulations (or which has jurisdiction to hear insolvency proceedings, as the case may be);

"creditor" means a chargee under a security agreement, a conditional seller under a title reservation agreement or a lessor under a leasing agreement;

"debtor" means a chargor under a security agreement, a conditional buyer under a title reservation agreement or a lessee under a leasing agreement;

"helicopters" means heavier-than-air machines (other than those used in military, customs or police services) supported in flight chiefly by the reactions of the air on one or more powerdriven rotors on substantially vertical axes and which are type certified by the competent aviation authority to transport—
(a) at least 5 persons including crew; or
(b) goods in excess of 450 kilograms,

together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating to them;
"insolvency office holder" means a person authorised to administer insolvency proceedings, including one authorised on an interim basis, and includes a debtor in possession if permitted by the applicable insolvency law;

"insolvency proceedings" means liquidation, bankruptcy, sequestration or other collective judicial or administrative insolvency proceedings, including interim proceedings, in which the assets and affairs of the debtor are subject to control or supervision by a court (or liquidation committee);

"international interest" means an interest held by a creditor to which Article 2 of the Cape Town Convention applies;

"International Registry" means the international registration facilities established for the purposes of the Cape Town Convention and the Aircraft Protocol;

"leasing agreement" means an agreement by which one person (the lessor) grants a right to possession or control of an aircraft object (with or without an option to purchase) to another person (the lessee) in return for a rental or other payment;

"registered" means registered in the International Registry pursuant to Chapter V of the Cape Town Convention;

"sale" means a transfer of ownership of an aircraft object pursuant to a contract of sale;

"security agreement" means an agreement by which a chargor grants or agrees to grant to a chargee an interest (including an ownership interest) in or over an aircraft object to secure the performance of any existing or future obligation of the chargor or a third person;

"State" includes territory;

"Supervisory Authority" means, in respect of the Aircraft Protocol, the Supervisory Authority referred to in Article 17(1) of the Cape Town Convention; and

"title reservation agreement" means an agreement for the sale of an aircraft object on terms that ownership does not pass until fulfilment of the condition or conditions stated in the agreement.
(2) Any terms used but not defined in this Part 12 shall have the meaning given to them in:
(a) the Cape Town Convention, the Aircraft Protocol, the Protocol Regulations or the Declarations (as applicable); or if no such term exists,
(b) the Interpretation Regulations 2015.