Air Carrier Liability Order 1998

JurisdictionUK Non-devolved
CitationSI 1998/1751

1998 No. 1751

CIVIL AVIATION

Air Carrier Liability Order 1998

Made 21th July 1998

Coming into force 17th October 1998

At the Court at Buckingham Palace, the 21st day of July 1998

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 10 of the Carriage by Air Act 19611, as applied by section 5(2) of the Carriage by Air (Supplementary Provisions) Act 19622and section 2(2) of the European Communities Act 19723, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Air Carrier Liability Order 1998 and shall come into force on 17th October 1998.

Interpretation
S-2 Interpretation

Interpretation

2. In this Order—

“Council Regulation” means Council Regulation (EC) No. 2027/97of 9th October 1997 on air carrier liability in the event of accidents4;

“non-Community air carrier” means an air carrier established outside the Community operating to, from or within the Community; and

other expressions have, in so far as the context admits, the same meaning as in the Council Regulation.

Amendments

Amendments

S-3 The Carriage by Air Act 1961 shall be amended as follows: After...

3. The Carriage by Air Act 1961 shall be amended as follows:

(1) After section 1(1) there shall be inserted the following subsection—

S-1A

“1A In relation to Community air carriers—

(a) in respect of damages up to the equivalent in ecus of 100,000 SDR arising from the death, wounding or other bodily injury suffered by a passenger, the provisions of Article 20 of the Convention; and

(b) in respect of damages arising from the death, wounding or other bodily injury suffered by a passenger the provisions of Articles 21 and 22(1) of the Convention,

do not have the force of law in the United Kingdom.”.

(2) For section 14(2) there shall be substituted the following:

S-2

“2 In this Act—

“the Council Regulation” means Council Regulation (EC) No. 2027/97of 9th October 1997 on air carrier liability in the event of accidents;

“Community air carrier”, “SDR” and “ecu” have the meaning given by Article 2 of the Council Regulation; and

“court” includes (in an arbitration allowed by the Convention) an arbitrator.”.

S-4 In the Carriage by Air Acts (Application of Provisions) Order...

4. In the Carriage by Air Acts (Application of Provisions) Order 19675, after article 5A there shall be inserted the following article:

S-5B

Application of the air carrier liability Regulation

5B.—(1) In relation to Community air carriers:

(a)

(a) in respect of damages up to the equivalent in ecus of 100,000 SDR arising from the death, wounding or other bodily injury suffered by a passenger, Article 20 of Part III of Schedule 1 and Article 20(1) of Part B of Schedules 2 and 3 to this Order;

(b)

(b) in respect of damages arising from the death, wounding or other bodily injury suffered by a passenger Article 21 of Part III of Schedule 1 and of Part B of Schedules 2 and 3 to this Order; and

(c)

(c) in respect of damages arising from the death, wounding or other bodily injury suffered by a passenger Article 22(1) of Part III of Schedule 1 and of Part B of Schedules 2 and 3 to this Order,

do not have the force of law in the United Kingdom.”.

S-5 In the Licensing of Air Carriers Regulations 1992 , regulation...

5. In the Licensing of Air Carriers Regulations 19926, regulation 11(1)(b) shall be deleted.

Offences

Offences

S-6 A Community air carrier which fails to...

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