Carriage by Air (Overseas Territories) Order 1967
| Jurisdiction | UK Non-devolved |
1967 No. 809
CIVIL AVIATION
The Carriage by Air (Overseas Territories) Order 196724thMay 1967
1stJune 1967
ARRANGEMENT OF ORDER
Article
1. Citation and commencement.
2. Interpretation.
3. Revocation.
4. Extension of certain provisions of Act of 1961 to Overseas Territories.
5. Extension of certain provisions of Act of 1962 to Overseas Territories.
SCHEDULE 1
Adapted and modified provisions of Act of 1961
FIRST ANNEX
The amended Convention
SECOND ANNEX
Provisions as to liability of carrier in the event of the death of a passenger
SCHEDULE 2
Adapted and modified provisions of Act of 1962
ANNEX
The Guadalajara Convention
SCHEDULE 3
Territories to which the Order applies
At the Court at Buckingham Palace, the 24th day of May 1967
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers conferred on Her by section 9 of the Carriage by Air Act 1961 (a) and section 5(1) of the Carriage by Air (Supplementary Provisions) Act 1962(b), is pleased,
(a) 1961 c. 27.
(b)1962 c.43.
by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1. This Order may be cited as the Carriage by Air (Overseas Territories) Order 1967, and shall come into operation on 1st June 1967.
Citation and commencement.
2.—(1) In this Order, unless the context otherwise requires—
Interpretation.
"the Act of 1961" means the Carriage by Air Act 1961;
"the Act of 1962" means the Carriage by Air (Supplementary Provisions) Act 1962;
the "amended Convention" means the English text of the Convention concerning international carriage by air known as "the Warsaw Convention as amended at The Hague 1955" the provisions of which are set out in the First Annex to schedule 1 to this Order, and includes the Additional Protocol to the Warsaw Convention as set out at the end of that Annex.
"Governor of an Overseas Territory" means the officer for the time being administering the Government of that territory;
"the Guadalajara Convention" means the English text of the Convention supplementary to the Warsaw Convention, for the unification of certain rules relating to international carriage by air performed by a person other than the contracting carrier as set out in the Schedule to the Act of 1962;
"Overseas Territory" means any one of the territories mentioned in schedule 3 to this Order;
"the Warsaw Convention" means the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on 12th October 1929.
(2) The Interpretation Act 1889(a) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.
3. The Carriage by Air (Colonies, Protectorates and Trust Territories) Revocation. Order 1953(b) is revoked in so far as it applies as part of the law of the territories mentioned in schedule 3 to this Order.
4. The provisions of section 1(1), subsections (1), (2) and (3) of section 2, sections 3, 4, 5, 7, 8. 13 and 14(2) of the Act of 1961, subject to certain adaptations and modifications, as set out in schedule 1 to this Order, are extended to the territories mentioned in schedule 3 to this Order.
Extention of certain provisions of Act of 1961 to Overseas Territories.
5.—(1) The provisions of section 1(1), subsections (1)(b) and (2) of section 2, and sections 3 and 6 of the Act of 1962, subject to certain adaptations and modifications, as set out in schedule 2 to this Order. are extended to the territories mentioned in schedule 3 to this Order.
Extension of certain provisions of Act of 1962 to Overseas territories.
(2) In the said schedule 2 to this Order references to the Act of 1961 shall be construed as references to that Act subject to the adaptations and modifications referred to in Article 4 of this Order.
W. G. Agnew.
(a) 1889 c. 63.
(b) S.1. 1953/1474 (1953 1, p. 246).
Article 4
SCHEDULE 1
ADAPTED AND MODIFIED PROVISIONS OF ACT OF 1961
Amended Convention to have force of law.
1.—(1) The provisions of the amended Convention as set out in the First Annex to this schedule shall, so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors, consignees and other persons, and subject to the provisions of this schedule, have the force of law in an Overseas Territory in relation to any carriage by air to which the amended Convention applies, irrespective of the nationality of the aircraft performing that carriage.
Designation of High Contracting Parties.
2.—(1) Her Majesty may by Order in Council from time to time certify who are the High Contracting Parties to the amended Convention, in respect of what territories they are respectively parties and to what extent they have availed themselves of the provisions of the Additional Protocol at the end of the amended Convention as set out in the First Annex to this schedule.
(2) Paragraph (2) of Article 40A in the First Annex to this schedule shall not be read as extending references in that Annex to the territory of a High Contracting Party (except such as are references to the territory of any State, whether a High Contracting Party or not) to include any territory in respect of which that High Contracting Party is not a party.
(3) An Order in Council under this section shall, except so far as it has been superseded by a subsequent Order, be conclusive evidence of the matters so certified.
Fatal accidents.
3. Any liability imposed by Article 17 in the First Annex to this 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 enactment or at common law and the provisions set out in the Second Annex to this schedule shall have effect with respect to the persons by and for whose benefit the liability so imposed in enforceable and with respect to the manner in which it may be enforced.
Limitation of liability.
4.—(1) It is hereby declared that the limitations on liability in Article 22 in the First Annex to this schedule apply whatever the nature of the proceedings by which liability may be enforced and that, in particular—
(a) those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor, and
(b) the limitation for each passenger in paragraph (1) of the said Article 22 applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of an Overseas Territory together with any proceedings brought against him outside that Overseas Territory.
(2) A court before which proceedings are brought to enforce a liability which is limited by the said Article 22 may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the said Article 22, and of any other proceedings which have been, or are likely to be, commenced in an Overseas Territory or elsewhere to enforce the liability in whole or in part.
(3) Without prejudice to the last foregoing subsection, a court before which proceedings are brought to enforce a liability which is limited by the said Article 22 shall, where the liability is, or may be, partly enforceable in other proceedings in an Overseas Territory or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.
(4) The Governor of an Overseas Territory may, in such manner as he may think fit, from time to time, specify the respective amounts which for the purposes of the said Article 22, and in particular of paragraph (5) of that Article, are to be taken as equivalent to the sums expressed in francs which are mentioned in that Article.
(5) References in this section to the said Article 22 include, subject to any necessary modifications, references to that Article as applied by Article 25A.
5.—(1) No action against a carrier's servant or agent which arises out of damage to which the amended Convention relates shall, if he was acting within the scope of his employment, be brought after more than two years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
Time for bringing proceedings.
(2) Article 29 in the First Annex to this schedule shall not be read as applying to any proceedings for contribution between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which the said Article 29 applies after the expiration of two years from the tune when judgment is obtained against the person seeking to obtain the contribution.
(3) The foregoing provisions of this section and the provisions of the said Article 29 shall have effect as if references in those provisions to an action included references to an arbitration.
7.—(1) Her Majesty may from tune to time by Order in Council direct that this section shall apply, or shall cease to apply, to the United Kingdom or any other State specified in the Order.
Power to exclude aircraft in use for military purpose.
(2) The amended Convention as set out in the First Annex to this schedule shall not apply to the carriage of persons, cargo and baggage for the military authorities of a State to which this section applies in aircraft registered in that State if the whole capacity of the aircraft has been reserved by or on behalf of those authorities.
8. Every High Contracting Party to the amended Convention who has not availed himself of the provisions of the Additional Protocol at the end of the amended Convention as set out in the First Annex to this schedule...
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