The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018

Publication Date:January 01, 2018

2018No. 1363

EXITING THE EUROPEAN UNION

CIVIL AVIATION

The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018

Made11thDecember2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018( 1).

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1

Preliminary

Citation and commencement

1. These Regulations may be cited as the Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.

PART 2

Amendment of subordinate legislation

Amendment of the Civil Aviation (Insurance) Regulations 2005

2.—(1) The Civil Aviation (Insurance) Regulations 2005( 2) are amended as follows.

(2) In regulation 3 (competent authority), in paragraph (1), for “Articles 5 and 8” substitute “Article 5”.

(3) In regulation 4 (offence of failing to comply with the Insurance Regulation)—

(a) in paragraph (1) for “Subject to paragraph (2) an” substitute “An”;

(b) omit paragraph (2).

PART 3

Amendment of EU Regulation

Amendment of Regulation (EC) No 785/2004

3. Regulation (EC) No 785/2004 of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators( 3) is amended as follows.

4. In Article 1 (objective of Regulation), in paragraph 2, for “national laws of the Member States” substitute “law of England and Wales, Scotland or Northern Ireland”.

5. In Article 2 (scope)—

(a) in paragraph 1, for “a Member State to which the Treaty applies” substitute “the United Kingdom”;

(b) omit paragraphs 3 and 4.

6. In Article 3 (definitions)—

(a) for subparagraph (b) substitute—

“(b) ‘United Kingdom air carrier’ means an air carrier with a valid operating licence granted by the CAA in accordance with Regulation (EC) No 1008/2008( 4);

(ba) ‘non-UK air carrier’ means an air carrier which is not a United Kingdom air carrier;”;

(b) after subparagraph (c) insert—

“(ca) ‘the CAA’ means the Civil Aviation Authority;

(cb) ‘the UK competent authority’ means—

(i) in such cases as are indicated by regulation 3(2) of the Civil Aviation (Insurance) Regulations 2005, the Secretary of State or a person authorised by the Secretary of State, and

(ii) in any other case, the CAA;”.

7. In Article 4 (principles of insurance), in paragraph 3—

(a) in the first indent, for “the Member States and/or the Community are parties,” substitute “the United Kingdom is party, and”;

(b) omit the second indent (and the “and” following it);

(c) in the third indent, for “national law of the Member States” substitute “the law of England and Wales, Scotland or Northern Ireland”.

8. In Article 5 (compliance)—

(a) in paragraph 1, for “the competent authorities of the Member State concerned” substitute “the UK competent authority”;

(b) omit paragraphs 2, 3 and 4;

(c) in paragraph 5, for the words from “Commission” to the end substitute “Secretary of State may, by regulations, make provision for paragraph 1 to apply with modifications.”.

9. In Article 6 (levels of insurance in respect of liability for passengers, baggage and cargo)—

(a) in paragraph 1, for “Member States may” substitute “the Secretary of State may, by regulations,”;

(b) in paragraph 4—

(i) for “the Member States” substitute “the United Kingdom”;

(ii) for “non-Community” substitute “non-UK”;

(iii) for “the Community” substitute “the United Kingdom”;

(iv) for “such territory” substitute “the territory of the United Kingdom”;

(c) in paragraph 5( 5)

(i) for “The values referred to in this Article may be adapted,” substitute “The Secretary of State may, by regulations, amend the values in this Article,”;

(ii) omit the words from “Those” to the end.

10. In Article 7 (levels of insurance in respect of liability for third parties)—

(a) in paragraph 1, for “The Commission” substitute “The UK competent authority”;

(b) in paragraph 2( 6)

(i) for “The values referred to in this Article may be adapted,” substitute “The Secretary of State may, by regulations, amend the values in this Article,”;

(ii) omit the words from “Those” to the end.

11. Omit Article 8 (enforcement and sanctions) and Article 9 (Committee procedure)( 7).

12. Before Article 10 insert—

Article 9A (regulations made by the Secretary of State under this Regulation)

1. Regulations under this Regulation may—

(a) make consequential, supplementary, incidental, transitional, transitory or saving provision;

(b) make different provision for different purposes.

2. Regulations under this Regulation are to be made by statutory instrument.

3. A statutory instrument containing regulations under this Regulation may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.”.

13. In Article 10 (report and cooperation)—

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