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2002 No. 263

CIVIL AVIATION

The Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002

  Made 12th February 2002 
  Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 12th day of February 2002

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament and has been approved by a resolution of each House of Parliament, in accordance with section 8A of the Carriage by Air Act 1961[1] and section 4A of the Carriage by Air (Supplementary Provisions) Act 1962[2];

     Whereas it appears to Her Majesty in Council that Her Majesty's Government in the United Kingdom has agreed to a revision of the Warsaw Convention as amended at The Hague, 1955 comprising the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999[3];

     Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 8A of the Carriage by Air Act 1961 and section 4A of the Carriage by Air (Supplementary Provisions) Act 1962, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows - 

Citation, commencement and effect
     1.  - (1) This Order may be cited as the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002.

    (2) This Order shall come into force on the day the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999 comes into force or takes effect for the United Kingdom and the Secretary of State shall give notice of that day in the London, Edinburgh and Belfast Gazettes.

    (3) Nothing in this Order shall affect rights and liabilities arising out of an occurrence which took place before the coming into force of this Order.

Amendments of the Carriage by Air Act 1961
    
2.  - (1) The Carriage by Air Act 1961 is amended as follows.

    (2) For section 1, substitute - 

    (3) In subsection (1) of section 2 (designation of High Contracting Parties) - 

    (4) After subsection (1) of that section, insert - 

    (5) For subsection (2) of that section substitute - 

    (6) In section 3 (fatal accidents), for "Article 17 in Schedule 1 or 1A to this Act" substitute

    (7) For subsection (1) of section 4 (limitation of liability) substitute - 

    (8) In subsection (2) of that section - 

    (9) In subsection (3) of that section, for "the said Article 22" substitute "a provision mentioned in subsection (3A)".

    (10) After subsection (3) of that section, insert - 

    (11) In subsection (5) of that section - 

    (12) In section 4A (notice of partial loss), in subsection (1), for the words from the beginning to "shall", where it first occurs, substitute "References to damage in the provisions mentioned in subsection (2)".

    (13) For subsection (2) of section 4A substitute - 

    (14) In section 5 (time for bringing actions), in subsection (1), for "the Convention or the Convention as amended relates" substitute "any of the Carriage by Air Conventions applies".

    (15) In subsection (2) of that section - 

    (16) In subsection (3) of that section, for the words from the beginning to "shall" substitute "Subsections (1) and (2) and the provisions mentioned in subsection (4)".

    (17) After subsection (3) of that section, insert - 

    (18) In section 6 (contributory negligence) - 

    (19) After subsection (1) of that section, insert - 

    (20) In section 7 (power to exclude aircraft in use for military purposes), for "Convention as set out in Schedule 1 or 1A" substitute "the applicable provisions".

    (21) For section 8 (action against High Contracting Parties) substitute - 

    (22) In section 10 (application to carriage by air not governed by Convention) - 

    (23) In section 11 (application to Scotland), in paragraph (b), for "Article 17 in Schedule 1 or 1A to this Act" substitute

    (24) In section 14 (interpretation etc), for subsection (2) substitute - 

    (25) After Schedule 1A there shall be inserted, as Schedule 1B, the provisions set out in Schedule 1 to this Order.

    (26) For Part II of Schedule 1A there shall be substituted the provisions in Schedule 2 to this Order.

Amendments of the Carriage by Air (Supplementary Provisions) Act 1962
     3.  - (1) The Carriage by Air (Supplementary Provisions) Act 1962 is amended as follows.

    (2) In subsection (1) of section 3 (Application of provisions of Acts of 1961 and 1932) for "subsections (2) and (3)" substitute "subsection (3A)(a) and (b)".

    (3) In subsection (2) of that section after "carrier" insert "in a case where the Convention or the Convention as amended, as defined in section 1(5) of that Act, applies".


A. K. Galloway
Clerk of the Privy Council


SCHEDULE 1
Article 2(25)

Provisions inserted, as Schedule 1B, in the Carriage by Air Act 1961





SCHEDULE 2
Article 2(26)







EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Carriage by Air Act 1961 to give the Montreal Convention 1999 the force of law in the United Kingdom for the international carriage by air to which it relates (article 2). It makes consequential amendment to the Carriage by Air (Supplementary Provisions) Act 1962 (article 3).

It comes into effect when both the United Kingdom has ratified the Convention and the Convention has entered into force internationally. This date is to be notified in the London, Edinburgh and Belfast Gazettes by the Secretary of State (article 1(2)).

For Community air carriers the application of section 1 of the 1961 Act is disapplied to the extent that Council Regulation 2027/97 has the force of law in the United Kingdom (article 2(2)).

The Warsaw Convention as amended at the Hague and that Convention as amended by Protocol No. 4 of Montreal, 1975 continue to have the force of law in the United Kingdom for the international carriage by air to which they relate (article 2(2)).

The principal amendments are as follows.

A number of provisions of the 1961 Act are amended so that they apply to the Montreal Convention 1999 as it has force in the United Kingdom in the same manner they apply to the other Conventions mentioned above as they have such force (article 2).

Those provisions are sections 2 (Designation of High Contracting Parties), 3 (Fatal Accidents), 4 Limitation of Actions), 4A (Notice of Partial loss), 5 (Time for bringing proceedings), 6 Contributory negligence), 7 Power to exclude aircraft in use for military purposes), 8 (Actions against High Contracting Parties), 10 (Application to carriage by air not governed by Convention) and 11 (Application to Scotland).

Power is conferred on Her Majesty by Order in Council to certify any revision of the limits of liability established under the Montreal Convention (article 2(4)). Such revision may be accomplished under article 24 of that Convention.

The Order also substitutes the French language version of the Warsaw Convention as amended at the Hague and by Montreal Protocol No. 4 with a revised French language version which corrects a number of minor translation and typographical errors (article 2(26)).

A regulatory impact assessment has been prepared in connection with this Order. It has been placed in the libraries of each of the Houses of Parliament. Copies can be obtained from the Multilateral Division of the Aviation Directorate, Zone 1/27, Department of Transport, Local Government and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone 020 7944 5893).


Notes:

[1] 1961 c. 27. Section 8A was inserted by section 3(1) of the Carriage by Air and Road Act 1979 (c. 28) and came into force on 22 October 1998 (S.I. 1998/2562). It was amended by paragraph 1 of Schedule 2 to the International Transport Conventions Act 1983 (c. 14).back

[2] 1962 c. 43. Section 4A was inserted by section 3(2) of the Carriage by Air and Road Act 1979 and came into force on 12 October 2000 (S.I. 2000/2768).back

[3] Cm. 4651.back

[4] O.J. L 285, 17.10.97, p. 1.back

[5] Cm 2073 and 2183.back

[6] O.J. L310, 19.11.98, p 21.back



ISBN 0 11 039332 5


  Prepared 21 February 2002


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