Carriage by Air and Road Act 1979
Carriage by Air and Road Act 1979
1979 CHAPTER 28
An Act to enable effect to be given to provisions of certain protocols signed at Montreal on 25th September 1975 which further amend the convention relating to carriage by air known as the Warsaw Convention as amended at The Hague 1955; to modify article 26(2) of the said convention both as in force apart from those protocols and as in force by virtue of them; to provide for the amendment of certain Acts relating to carriage by air or road in consequence of the revision of relevant conventions; and to replace references to gold francs in the Carriage of Goods by Road Act 1965 and the Carriage of Passengers by Road Act 1974 by references to special drawing rights.
[4th April 1979]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Alterations of texts of carriage by air convention.
(1) For Schedule 1 to the Carriage by Air Act 1961 (which contains the English and French texts of the Warsaw Convention mentioned in the title to this Act as it has the force of law in the United Kingdom by virtue of section 1 of that Act) there shall be substituted Schedule 1 to this Act (which contains the English and French texts of that Convention as amended by provisions of protocols No. 3 and No. 4 which were signed at Montreal on 25th September 1975).
(2) The said Act of 1961 and the Carriage by Air (Supplementary Provisions) Act 1962 shall have effect with the amendments set out in Schedule 2 to this Act (which are consequential upon the changes of texts made by the preceding subsection or are connected with the coming into force of those texts).
(3) Neither of the preceding subsections shall affect rights and liabilities arising out of an occurrence which took place before the coming into force of that subsection or, if the subsection comes into force in pursuance of section 7(2) of this Act for some purposes only, arising out of an occurrence which took place before it comes into force for those purposes.
2 Modification of article 26\(2) of carriage by airconvention.
(1) In the Carriage by Air Act 1961 , after section 4 there shall be inserted the following section—
4A Notice of partial loss.
(1) In Article 26(2) the references to damage shall be construed as including loss of part of the baggage or cargo in question and the reference to the receipt of baggage or cargo shall, in relation to loss of part of it, be construed as receipt of the remainder of it.
(2) It is hereby declared, without prejudice to the operation of any other section of this Act, that the reference to Article 26(2) in the preceding subsection is to Article 26(2) as set out in Part I and Part II of the First Schedule to this Act.
(2) This section shall come into force at the passing of this Act but shall not apply to loss which occurred before the passing of this Act.
3 Amendment of Acts relating to carriage by air or roadin consequence of revision of relevant conventions.
(1) In the Carriage by Air Act 1961, after section 8 there shall be inserted the following section—
8A Amendments consequential on revision of Convention.
(1) If at any time it appears to Her Majesty in Council that Her Majesty's Government in the United Kingdom have agreed to a revision of the Convention, Her Majesty may by Order in Council provide that this Act, the Carriage by Air (Supplementary Provisions) Act 1962 and section 5(1) of the Carriage by Air and Road Act 1979 shall have effect subject to such exceptions, adaptations and modifications as Her Majesty considers appropriate in consequence of the revision.
(2) In the preceding subsection ‘revision’ means an omission from, addition to or alteration of the Convention and includes replacement of the Convention or part of it by another convention.
(3) An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.
(2) In the Carriage by Air (Supplementary Provisions) Act 1962 , after section 4 there shall be inserted the following section—
4A Amendments consequential on revision of SupplementaryConvention.
(1) Section 8A of the said Act of 1961 (which among other things enables Her Majesty in Council to alter that Act and this Act in consequence of any revision of the convention to which that Act relates) shall have effect in relation to a revision of the Convention in the Schedule to this Act as it has effect in relation to a revision of the Convention mentioned in that section but as if the reference in that section to the said Act of 1961 were omitted.
(2) An order under the said section 8A may relate both to that Act and this Act; and in the preceding subsection ‘revision’, in relation to the Convention in the Schedule to this Act, means an omission from, addition to or alteration of that Convention and includes replacement of that Convention or part of it by another convention..
(3) In the Carriage of Goods by Road Act 1965 , after section 8 there shall be inserted the following section—
8A Amendments consequential on revision of Convention.
(1) If at any time it appears to Her Majesty in Council that Her Majesty's Government in the United Kingdom have agreed to any revision of the Convention, Her Majesty may by Order in Council make such amendment of—
(a ) the provisions set out in the Schedule to this Act; and
(b ) the definition of, and references in this Act to, or to particular provisions of, the Convention; and
(c ) section 5(1) of the Carriage by Air and Road Act 1979,
as appear to Her to be appropriate in consequence of the revision.
(2) In the preceding subsection ‘revision’ means an omission from, addition to or alteration of the Convention and includes replacement of the Convention or part of it by another convention.
(3) An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament..
(4) In section 8 of the Carriage of Passengers by Road Act 1974 (of which subsection (1) enables amendments of the provisions of that Act mentioned in paragraphs (a ) and (b ) of that subsection to be made by Order in Council in consequence of any revision of the Convention mentioned in that subsection, whether the revision operates by way of amendment of the text of the Convention as then in force or takes the form of a new convention or part of a new convention having substantially the same effect as the provisions set out in the Schedule to that Act)—
(a ) in subsection (1) the words from ‘whether’ to ‘Act’ where it first occurs shall be omitted;
(b ) at the end of paragraph (b ) of subsection (1) there shall be inserted the words ‘and
(c ) after subsection (1) there shall be inserted the following subsection—
(1A) In the preceding subsection ‘revision’ means an omission from, addition to or alteration of the Convention and includes replacement of the Convention or part of it by another convention.
4 Replacement of gold francs by special drawing rightsfor the purposes of certain enactments relating to carriage by air or road.
(1) Schedule 1 to the Carriage by Air Act 1961 as originally enacted shall have effect with the following amendments, namely—
(a ) in Article 22 of Part I of that Schedule (which among other things provides that the liability of a carrier is limited to two hundred and fifty thousand francs for each passenger and two hundred and fifty francs per kilogramme of cargo and registered baggage unless a higher limit is agreed and to five thousand francs for objects of which a passenger takes charge himself)—
(i) for the words ‘two hundred and fifty thousand francs’ where they first occur and the words ‘two hundred and fifty francs’ and ‘five thousand francs’ there shall be substituted respectively the words ‘16,600 special drawing rights’, ‘17 special drawing rights’ and ‘332 special drawing lights’,
(ii) for the words ‘two hundred and fifty thousand francs’ in the second place where they occur there shall be substituted the words ‘this limit’, and
(5) The sums mentioned in terms of the special drawing right in this Article shall be deemed to refer to the special drawing right as defined by the International Monetary Fund. Conversion of the sums into national currencies shall, in case of judicial proceedings, be made according to the value of such currencies in terms of the special drawing right at the date of the judgment.;
(b ) in Article 22 of Part II of that Schedule (which contains the corresponding provisions of the French text)—
(i) for the words ‘deux cent cinquante mille francs’, ‘deux cent cinquante francs’ and ‘cinq mille francs’ there shall be substituted respectively the words ‘16.600 Droits de Tirage spciaux’, ‘17 Droits de Tirage spciaux’ and ‘332 Droits de Tirage spciaux’, and
(5) Les sommes indiques en Droits de Tirage spciaux dans le prsent article sont considres comme se rapportant au Droit de Tirage spcial tel que dfini par le Fonds montaire international. La...
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