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

Number 15 of 2005

INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT (CAPE TOWN CONVENTION) ACT 2005

REVISED

Updated to 9 January 2023

This Revised Act is an administrative consolidation of International Interests in Mobile Equipment (Cape Town Convention) Act 2005. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 15 of 2005

INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT (CAPE TOWN CONVENTION) ACT 2005

REVISED

Updated to 9 January 2023

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• State Airports (Shannon Group) Act 2014 (27/2014)

All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• International Interests in Mobile Equipment (Cape Town Convention) (Aircraft Protocol) Order 2017 (S.I. No. 187 of 2017)

• International Interests in Mobile Equipment (Cape Town Convention) (Declarations) Order 2005 (S.I. No. 927 of 2005)

All statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this revision.

Number 15 of 2005

INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT (CAPE TOWN CONVENTION) ACT 2005

REVISED

Updated to 9 January 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1.

Short title.

2.

Purpose of Act.

3.

Interpretation.

PART 2

Implementation of the Convention and Protocol

4.

Cape Town Convention and Aircraft Protocol to have the force of law in the State.

5.

Power of Government to make declarations for the purposes of the Cape Town Convention and Aircraft Protocol.

6.

Orders may include savings and transitional provisions.

7.

Relevant court for the purposes of the Cape Town Convention and Aircraft Protocol.

8.

Cape Town Convention and Aircraft Protocol to be judicially noticed.

9.

Proceedings for compensatory damages under Article 28 of the Cape Town Convention.

PART 3

Miscellaneous Provisions

10.

Power to acquire shares in company constituting the International Registry.

11.

Protection of operation of the International Registry.

12.

Power to amend or revoke orders made under this Act.

13.

Orders to be laid before the Houses of the Oireachtas.

14.

Either House of the Oireachtas may annual order.

15.

Expenses of the Minister.

16.

Amendment of the Air Navigation and Transport (International Conventions) Act 2004.

SCHEDULE 1

THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT

SCHEDULE 2

PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT

Act Referred to

Air Navigation and Transport (International Conventions) Act 2004

2004, No. 7

Number 15 of 2005

INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT (CAPE TOWN CONVENTION) ACT 2005

REVISED

Updated to 9 January 2023

AN ACT TO GIVE EFFECT TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT, AND TO THE PROTOCOL TO THAT CONVENTION ON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT, OPENED FOR SIGNATURE AT CAPE TOWN ON 16 NOVEMBER 2001; TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE AIR NAVIGATION AND TRANSPORT (INTERNATIONAL CONVENTIONS) ACT 2004.

[9th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: