Carriage by Air (Non-international Carriage) (United Kingdom) Order, 1952
| Jurisdiction | UK Non-devolved |
| Citation | SI 1952/158 |
| Year | 1952 |
1952 No. 158
The Carriage by Air (Non-international Carriage) (United Kingdom) Order, 195230thJanuary 1952
31stJanuary 1952
1stApril 1952
At the Court at Buckingham Palace, the 30th day of January, 1952
Present
The King's Most Excellent Majesty in Council
Whereas a Convention for the unification of certain rules relating to international carriage by air was on the Twelfth day of October, Nineteen hundred and twenty-nine, signed at Warsaw on behalf of His Majesty;
And Whereas provision is made by the Carriage by Air Act, 1932(a), for giving effect to the provisions of the said Convention as set out in the First Schedule to the said Act;
And Whereas by subsection (4) of Section one of the said Act it is provided that any liability imposed by Article seventeen of the said First Schedule on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passenger either under any statute or at common law, and the provisions set out in the Second Schedule to the said Act shall have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced;
And Whereas by subsection (5) of Section one of the said Act it is provided that any sum in francs mentioned in Article twenty-two of the said First Schedule shall, for the purposes of any action against a carrier, be converted into sterling at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court;
And Whereas by Section four of the said Act it is provided that His Majesty may by Order in Council apply the provisions of the First Schedule to the said Act and any provision of Section one of the said Act to such carriage by air, not being international carriage by air as defined in the said First Schedule, as may be specified in the Order, subject however to such exceptions, adaptations and modifications, if any, as may be so specified;
And Whereas by subsection (1) of Section five of the said Act it is provided that an Order in Council made under either of the two last preceding sections may contain such consequential provisions as His Majesty in Council thinks fit;
And Whereas it is expedient to apply the provisions of the First Schedule to the said Act and the provisions of subsections (4) and (5) of Section one of the said Act to carriage by air, not being international carriage by air as defined in the said First Schedule:
Now, therefore, His Majesty in pursuance of the powers conferred upon Him by the said Act is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—
1. Subject to the provisions of Article 3 of this Order the provisions of the First Schedule to the said Act shall apply to all carriage by air, not being international carriage by air as defined in the said First Schedule, subject to the exceptions, adaptations and modifications specified in the First Schedule to this Order. The said provisions, as so adapted and modified, are for convenience of reference set out in the Third Schedule to this Order.
2. The provisions of subsections (4) and (5) of Section one of the said Act shall apply to the carriage by air specified in Article 1 of this Order subject to the reference in the said subsection (4) to Article seventeen of the First Schedule to the said Act being construed as a reference to Article seventeen of the said Schedule as applied by this Order and subject to the reference in that subsection to the Second Schedule to the said Act being construed as a reference to that Schedule with the exceptions, adaptations and modifications therein which are specified in the Second Schedule to this Order. The provisions of the said Schedule, as so adapted and modified, are for convenience of reference set out in the Fourth Schedule to this Order.
3. The Minister of Civil Aviation may by writing direct that the provisions of this Order shall not apply to any carriage by air, or to any class of carriage by air, and any such direction may be expressed to be, and if so expressed shall take effect, subject to any conditions or limitations which in the circumstances of the case appear to the Minister to be required.
4.—(1) This Order may be cited as the Carriage by Air (Non-international Carriage) (United Kingdom) Order, 1952.
(2) This Order shall come into operation on the first day of April, 1952.
F. J. Fernau.
SCHEDULES
FIRST SCHEDULE
Exceptions, Adaptations and Modifications
In the First Schedule to the said Act the heading "Convention for the unification of certain rules relating to international carriage by air" and the word "Definitions" forming part of the heading of Chapter I shall be omitted and the following provisions shall have effect with respect to the Articles and Additional Protocol thereinafter contained:—
1. In Article 1:—
In Paragraph (1) for the word "Convention" there shall be substituted the word "Schedule", for the words "persons, luggage or goods" there shall be substituted the words "passengers, luggage or cargo", and the word "international" shall be omitted:
Paragraphs (2) and (3) shall not apply.
2. In Article 2:—
Paragraph (1) shall not apply:
For paragraph (2) there shall be substituted the following paragraph:—
"(2) This Schedule does not apply to the carriage of postal packets performed under the terms of any international postal convention nor to the carriage of postal packets as defined in the Post Office Acts 1908 to 1940."
3. Articles 3 and 4 shall not apply.
4. In Article 5:—
In paragraph (1) the words "a document called", the inverted commas before and after the words "air consignment note" and the words from, and including, "every consignor" to the end of the paragraph shall be omitted:
In paragraph (2) the word "irregularity" and the words "subject to the provisions of Article 9" shall be omitted and for the words "rules of this Convention" there shall be substituted the words "provisions of this Schedule".
5. Articles 6, 8 and 9 shall not apply.
6. In paragraph (1) of Article 10 after the words "the air consignment note" there shall be inserted the words "if any":
In paragraph (2) the word "irregularity" shall be omitted.
7. In Article 11:—
In paragraph (1) after the words "The Air consignment note" there shall be inserted the words "if any":
In paragraph (2) for the word "The" where that word first occurs there shall be substituted the word "Any", for the word "the" where that word next occurs there shall be substituted the word "an", the words "as well as those" shall be omitted, before the immediately following word "relating" there shall be inserted the word "or", and for the word "those" immediately preceding the words "relating to the quantity" there shall be substituted the words "any such statements".
8. In Article 12:—
In paragraph (1) for the word "journey" in both places where that word occurs there shall be substituted the word "carriage", before the word "consignee" there shall be inserted the word "original" and the words "named in the air consignment note" shall be omitted:
In paragraph (2) for the word "impossible" there shall be substituted the words "not reasonably practicable":
Paragraph (3) shall not apply:
In paragraph (4) before the words "consignment note" there shall be inserted the word "air" and after those words there shall be inserted the words "if any".
9. In paragraph (1) of Article 13 the words "to hand over to him the air consignment note and" shall be omitted, before the word "carriage" there shall be inserted the words, "the contract of" and the words "set out in the air consignment note" shall be omitted.
10. In Article 15:—
In paragraph (1)...
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