Code of Organization and Civil Procedure (Cap. 12), article 865A

865A. (1) A precautionary warrant o f arrest of any aircraft may solely be issued to secure a debt or claims, whether in personam or in rem which could be frustrated by the departure of the said aircraft, and no other warrant may be issued against an aircraf t, with the exception of a warrant of ejectment or expulsion, or the ai rcraft engine unless it is a warrant of arrest: Cap. 16. Provided that a precautionary warrant of arrest may also be issued by the Court in the circumstances provided for under art icle 1526(5) of the Civil Code to secu re, in the event of a default, the rights of lessor against a lessee and th e provisions of this Title sha ll also apply to such warrants of arrest, mutatis mutandis : Cap. 16. Provided further that for the purposes of article 843, the less or shall be obliged to bring the application contemplated in artic le 1526(5) of the Civil Code within twenty (20) days from the warr ant of arrest. (2) (a) A precautionary warrant of arrest may be issued on an aircraft to which an aircraft engine is attached to secure a debt or claim, whether in personam or in rem which could be frustrated by the departure of the said aircra ft with the aircr aft engine, an d for as long as the aircraft engine is attached to an aircraft no other warrant may be issued against an aircraf t or the aircraft engine unless it is a warrant of arrest. Such warrant of arrest may be issued notwithstanding the fact that the aircraft is owned by a differ ent person than the owner of the aircraft engine. (b) When such a warrant of arrest of an aircraft is issued in relation to any engine attached to the aircraft, the person having possession or control of the aircraft may, without leave of Court, take all such actions as may be within his powers to remove the engine from t h e a i r c r a f t s o a s t o b e a b l e t o c o n t i n u e w i t h t h e operations of the aircraft. The person having possession or control of the aircraft shall be obliged to place the engine under the authority of the Court Marshall executing the original warrant and notify the Authority for Transport in Malta and when such action is taken the Court shall immediately release the aircraft from the effects of the warrant, which warrant shall continue to apply only to the relevant engine w i t h o u t t h e n e e d f o r a n y o t h e r p r o c e d u r e b y t h e claimant. In the event of any opposition, the Court shall, on CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 239 demand, issue all such ord ers as may be necessary. (c) without prejudice to the rights referred to in the preceding sub-articles, when an aircraft engine is not attached to an aircraft, a precautionary warrant of seizure as described in article 846 or, if it is in possession or under the control of a third party, a precautionary garnishee orde r as described in article 849 may be issued in relation to an aircraft engine without in any way affecting any aircraft to which it may be connected, commercially, under any contract or in any register. (3) The provisions of article 843 shall apply to the warrant. (4) For the purposes of this Code, the word "aircraft" shall comprise - (a) all data, manuals and technical records, and (b) the airframe, all equipm ent, machinery and other appurtenances as accessories belonging to the aircraft, which are on board or which have been temporarily removed therefrom, (c) if in Malta, any engines owned by the owner of the aircraft whether attached to the aircraft or not, as well a s a n y r e p l a c e m e n t e n g i n e s w h i c h a r e d e s i g n a t e d f o r use on the aircraft and owned by the owner of the aircraft but temporarily not attached to the aircraft, but shall not include any engine which is attached to the aircr aft and which does not belong to the owner of the aircraft, which engine shall be subject to such orders of the court as are appropriate to the protection of the rights of the owner of the engine and the safe operation of the aircraft in accordance wit h the agreement relating to such engine. (5) ( a) A court seized of the proc eedings relating to the issue of a warrant of arrest of an air craft, shall also be competent to hear any applications and issue any orders on the application of the owner of any engine which may be attached to the aircraft and which does not belong to t he owner of the aircraft. (b) The owner of an engine which does not belong to the owner of the aircraft to which the engines are attached and which may have been arrested as aforesaid shall be entitled to intervene in any proceedings relating to the arrest of the aircraft and make any applications and submissions to the court seized of the warrant of arrest in order to protect its rights and interests relating to the engine. (c) Any court receiving any application by the owner of an engine in terms of this sub-article shall immediately order its service upon the person having possession or control of the aircraft and rule on any 240 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE such application expeditiously and within a maximum period of two working days from when any such applications are made. (d) In this sub-article the term "owner" of an engine shall include any mortgagee or holder of any international interest or other security interest over the engine. (6) ( a) Any court seized of the proceedings relating to a warrant of arrest, seizure or garnishee intended to operate in relation to an aircraft engine which is attached to an aircraft owned by a different person, shall also be competent to deal with any applications for the protection of the rights and interests of the owner of the aircraft. (b) The owner of such aircraft shall be entitled to intervene and make submissions to the court dealing with a warrant of arrest, seizure or garnishee intended to operate in relation to an aircraft engine in order to protect his rights and interests. (c) A court shall not consider the inability of the aircraft to operate without the relevant engine to be a good and sufficient ground for denying the request for the issue or for revoking the warrant intended to operate in relation to an aircraft engine. (d) Any court receiving any application by the owner of an aircraft in terms of this sub-article shall immediately order its service upon the owner of the engine and rule on any such application expeditiously and within a maximum period of two working days from when any such application is made. Warrant’s effects. Added by: VIII.2010.61. Amended by: LII.2016.33.