The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018
| Year | 2018 |
2018 No. 1363
Exiting The European Union
Civil Aviation
The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018
Made 11th December 2018
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Preliminary
Citation and commencement
1. These Regulations may be cited as the Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.
PART 2
Amendment of subordinate legislation
Amendment of the Civil Aviation (Insurance) Regulations 2005
2.—(1) The Civil Aviation (Insurance) Regulations 20052are amended as follows.
(2) In regulation 3 (competent authority), in paragraph (1), for “Articles 5 and 8” substitute “Article 5”.
(3) In regulation 4 (offence of failing to comply with the Insurance Regulation)—
(a)
(a) in paragraph (1) for “Subject to paragraph (2) an” substitute “An”;
(b)
(b) omit paragraph (2).
PART 3
Amendment of EU Regulation
Amendment of Regulation (EC) No 785/2004
3. Regulation (EC) No 785/2004of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators3is amended as follows.
4. In Article 1 (objective of Regulation), in paragraph 2, for “national laws of the Member States” substitute “law of England and Wales, Scotland or Northern Ireland”.
5. In Article 2 (scope)—
(a) in paragraph 1, for “a Member State to which the Treaty applies” substitute “the United Kingdom”;
(b) omit paragraphs 3 and 4.
6. In Article 3 (definitions)—
(a) for subparagraph (b) substitute—
“(b)
“(b) ‘United Kingdom air carrier’ means an air carrier with a valid operating licence granted by the CAA in accordance with Regulation (EC) No 1008/20084;
(ba)
(ba) ‘non-UK air carrier’ means an air carrier which is not a United Kingdom air carrier;”;
(b) after subparagraph (c) insert—
“(ca)
“(ca) ‘the CAA’ means the Civil Aviation Authority;
(cb)
(cb) ‘the UK competent authority’ means—
(i) in such cases as are indicated by regulation 3(2) of the Civil Aviation (Insurance) Regulations 2005, the Secretary of State or a person authorised by the Secretary of State, and
(ii) in any other case, the CAA;”.
7. In Article 4 (principles of insurance), in paragraph 3—
(a) in the first indent, for “the Member States and/or the Community are parties,” substitute “the United Kingdom is party, and”;
(b) omit the second indent (and the “and” following it);
(c) in the third indent, for “national law of the Member States” substitute “the law of England and Wales, Scotland or Northern Ireland”.
8. In Article 5 (compliance)—
(a) in paragraph 1, for “the competent authorities of the Member State concerned” substitute “the UK competent authority”;
(b) omit paragraphs 2, 3 and 4;
(c) in paragraph 5, for the words from “Commission” to the end substitute “Secretary of State may, by regulations, make provision for paragraph 1 to apply with modifications.”.
9. In Article 6 (levels of insurance in respect of liability for passengers, baggage and cargo)—
(a) in paragraph 1, for “Member States may” substitute “the Secretary of State may, by regulations,”;
(b) in paragraph 4—
(i) for “the Member States” substitute “the United Kingdom”;
(ii) for “non-Community” substitute “non-UK”;
(iii) for “the Community” substitute “the United Kingdom”;
(iv) for “such territory” substitute “the territory of the United Kingdom”;
(c) in paragraph 55—
(i) for “The values referred to in this Article may be adapted,” substitute “The Secretary of State may, by regulations, amend the values in this Article,”;
(ii) omit the words from “Those” to the end.
10. In Article 7 (levels of insurance in respect of liability for third parties)—
(a) in...
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