S.I. No. 458 of 2002

Air Navigation and Transport (Indemnities) (State of Difficulty) (Continuation) (Number 5) Order 2002.

WHEREAS the Government, on 19 December 2001, being of the opinion that exceptional circumstances prevailed or were likely to prevail in relation to the provision of insurance relating to aviation as respects risks concerning acts of war or terrorism, made, in exercise of the powers conferred on them by the Air Navigation and Transport (Indemnities) Act 2001 , an Order entitled the Air Navigation and Transport (Indemnities) (State of Difficulty) Order 2001 ( S.I. No. 627 of 2001 );

And WHEREAS (by virtue of the Air Navigation and Transport (Indemnities) (State of Difficulty) (Continuation) (Number 4) Order 2002 ( S.I. No. 319 of 2002 ) that Order is still in full force and effect;

And WHEREAS the Government are of the opinion that the exceptional circumstances referred to in that Order prevail or are likely to prevail:

NOW THE GOVERNMENT, in exercise of the powers conferred on them by section 2 of the Air Navigation and Transport (Indemnities) Act 2001 ( No. 48 of 2001 ), hereby order as follows:

1.   This Order may be cited as the Air Navigation and Transport (Indemnities) (State of Difficulty) (Continuation) (Number 5) Order 2002.

2.   The Air Navigation and Transport (Indemnities) (State of Difficulty) Order 2001 ( S.I. No. 627 of 2001 ) shall continue in force for the period commencing on 1 October 2002 and expiring on 31 October 2002.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order declares that a state of difficulty exists in relation to the provision of aviation insurance in respect of third party risks arising from acts of war or terrorism and while the order is in force the Minister for Public Enterprise is authorised to issue indemnities to certain classes of air navigation undertaking in place of insurance cover that is not available from commercial insurers.