Authorised Party: an entity or person in favour of whom an IDERA has been issued.
Certified Designee:an entity or person named in a Designation as the certified designee under an IDERA.
Registered Owner:From the Air Navigation Order 2009 Article 9(2) “In this Part and in Part B of Schedule 3 ‘the registered owner’ means the person in whose name the aircraft is registered in accordance with article 6(2)”.
Designation:A designation made by the Authorised Party using the form detailed in the IDERA designation process.
Convention:Convention on International Interests in Mobile Equipment, 2001(Cape Town Convention).
The Cape Town Convention
The Cape Town Convention and the associated Aircraft Protocol came into force in the United Kingdom on 1stNovember 2015 through The International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015.
The aim of the Cape Town Convention is to reduce the cost of raising finance for large, high value mobile assets which routinely cross borders. The Convention provides an over-arching framework for high value mobile assets, whilst the accompanying protocols address issues raised in financing a specific type of asset. There are three protocols currently in existence – aircraft equipment, rolling railway stock and space objects. The UK has ratified the Protocol on matters specific to aircraft equipment, therefore the following guidance only relates to the Aircraft Protocol and its interaction with the UK Register of Civil Aircraft.
A detailed guidance document which gives full details on the background to the Convention and how it has been implemented in the United Kingdom is available from the Department for Business Innovation and Skills. The UK implementing legislation is also available.
In relation to the UK Register of Civil Aircraft the main impact of the Convention is the ability of the registered owner to request an Irrevocable De-Registration and Export Request Authorisation (“IDERA”) over an eligible aircraft. Once an IDERA is recorded the party that has been declared by the registered owner as the “authorised party” will be the only party with the right to de-register and export the aircraft.
Aircraft covered by the Cape Town Convention
Not all UK Registered aircraft are eligible for the protection offered by the Cape Town Convention. The Convention only applies to:
- Aircraft (other than helicopters) which can carry at least eight people or goods in excess of 2,750 kilograms,
- Helicopters carrying five or more persons.