The Aviation (Consumers) (Amendment) Regulations 2023
| Jurisdiction | UK Non-devolved |
2023 No. 1370
RETAINED EU LAW REFORM
CIVIL AVIATION
The Aviation (Consumers) (Amendment) Regulations 2023
Made 13th December 2023
Coming into force 14th December 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 11(1) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 20231(“the 2023 Act”).
The Secretary of State is a relevant national authority for the purposes of section 11(1) of the 2023 Act2.
In accordance with paragraph 5(5) of Schedule 5 to the 2023 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Aviation (Consumers) (Amendment) Regulations 2023.
(2) These Regulations come into force on the day after the day on which they are made.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendment of Regulation (EC) No 261/2004
2.—(1) Regulation (EC) No 261/2004of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and repealing Regulation (EEC) No 295/913is amended as follows.
(2) In Article 2 (definitions), after paragraph (m) insert—
“
(n) “arrival time” means the time passengers are permitted to exit the aircraft upon reaching the final destination;
(o) “extraordinary circumstances” means circumstances which cause delay or cancellation and—
(a) that—
(i) by their nature or origin are not inherent in the normal exercise of the activity of the air carrier,
(ii) are beyond the actual control of the air carrier, and
(iii) the air carrier has taken all reasonable measures in relation to but was unable to avoid; or
(b) arose from the impact of an air traffic management decision and could not have been avoided even if all reasonable measures had been taken;
(p) “scheduled arrival time” is the time of arrival at the final destination which is fixed in the flight schedule and indicated on the reservation or other evidence held by the passenger;
(q) “The Montreal Convention” is the Convention for the unification of certain rules for international carriage by air and its annexes, signed in Montreal on 28th May 1999, as amended;
(3) In Article 3 (scope), after paragraph (1) insert—
“
1A For the purposes of this Regulation a flight comprised of more than one leg shall be treated—
(a) as a whole, if it was booked as a single unit, and
(b) as departing from the point of departure of the first leg.
(4) In Article 3 (scope),...
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