International Interests in Mobile Equipment (Cape Town Convention) Act 2005

Interpretation.

3

3.—(1) In this Act, unless the context otherwise requires—

“the Aircraft Protocol” means 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 set out in Schedule 2;

“the Cape Town Convention” means 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 set out in Schedule 1;

“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 Minister” means the Minister for Transport.

(2) In this Act, a reference to an Article of the Cape Town Convention or the Aircraft Protocol is a reference to that Article as it appears in the Schedule in which it is set out.

(3) Words and expressions used in this Act have the same meaning as the corresponding words and expressions used in the Cape Town Convention and the Aircraft Protocol.

(4) In this Act—

( a) a reference to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended, and

( b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

( c) a reference to a specified enactment is a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

(5) In interpreting the Cape Town Convention and the Aircraft Protocol, a court or other interpreter can have recourse to—

( a) the consolidated text of that Convention and that Protocol of which the Diplomatic Conference took note in its Resolution No. 1, and

( b) the Official Commentary by Professor Sir Roy Goode that was prepared in response to Resolution No. 5 of that Conference, and

( c) such other texts as the court considers relevant to interpreting that Convention and that Protocol.