Air Carrier Liability Order 1998

UK Statutory Instrument 1998 No. 1751 — creates 3 criminal offences.

Made

21 July 1998

In force from

17 October 1998

Extent

Not stated

Subject

Transport: maritime, aviation, rail and harbours

Made under

Carriage by Air (Supplementary Provisions) Act 1962, European Communities Act 1972, Her by section 10 of the Carriage by Air Act 1961

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order implements Council Regulation (EC) No. 2027/97 of 9th October 1997 on air carrier liability in the event of accidents. The principal provisions are as follows— 1 The limits on carrier liability imposed by the Warsaw Convention (the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on 12th October 1929), the Warsaw Convention as amended at The Hague on 28th September 1955 and the Convention supplementary to the Warsaw Convention done at Guadalajara on 18th September 1961 in the event of passenger death, wounding or bodily injury are removed in relation to Community air carriers from the Carriage by Air Act 1961 and the Carriage by Air Acts (Application of Provisions) Order 1967 (articles 3 and 4 respectively). 2 The minimum liability limit required by regulation 11(1)(b) of the Licensing of Air Carriers Regulations 1992 is deleted (article 5). 3 Community air carriers are no longer entitled to rely on the defence in Article 20(1) of the Warsaw Convention (or that Convention as amended) (taking all necessary measures to avoid the damage or that it was impossible to take such measures) in relation to damages for passenger death, wounding or bodily injury of up to 100,000 Special Drawing Rights (articles 3 and 4). 4 Criminal offences are created for the breach of certain requirements set out in Article 6 of the Council Regulation (article 6).

Offences created by this instrument

• A Community air carrier which fails to include the provisions contained in Articles 3 and 5 of the Council Regulation… article 6(1) · Revoked · Strict liability
• A Community air carrier which fails to ensure that: a the information required to be made available on request to… article 6(2) · Revoked · Strict liability
• A non-Community carrier which does not apply the provisions in Articles 3 and 5 of the Council Regulation and which… article 6(3) · Revoked · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Civil Aviation Commons · Commons Chamber · 29 June 1998

  That the draft Air Carrier Liability Order 1998, which was laid before this House on 23rd June, be approved.— [Janet Anderson.]

• Air Carrier Liability Order 1998 Lords · Lords Chamber · 7 July 1998
• Carriage By Air Acts (Application Of Provisions) (Fifth Amendment) Order 1999 Lords · Lords Chamber · 15 April 1999 · Lord Brabazon of Tara

  My Lords, I am grateful to the Minister for her clear explanation of the orders and also to the noble Baroness, Lady Thomas of Walliswood, for saying that I have the last word. I do not really have the last word on this matter—in a way. we have all had the last word. The first order has taken 25 years to come before the House. Not only that, I understand that next month a new convention will be discussed that may well change the order. But if the new convention takes 25 years to come into force, we may not necessarily need to worry about it. It is a fairly unique order. Nearly half of the…

• Air Carrier Liability Order 1998 Lords · Lords Chamber · 5 May 1999 · Lord Brabazon of Tara

  My Lords, I am grateful to the Minister for that response. How could it be that the commission could propose, and the Government agree, to a regulation which was found to be incompatible with the prior treaty commitments of member states under the Warsaw Convention? Now that the judge has concluded that the European Council regulation is held in suspense, what therefore is the status of the Air Carrier Liability Order 1998 that was pushed through both Houses despite strong and reasoned protest from all sides and when we were the only country in the whole of the European Union to make…

• Air Carrier Liability Order 1998 Lords · Lords Chamber · 5 May 1999 · Lord Whitty

  My Lords, the Government welcome the judgment given by the honourable Mr. Justice Jowitt since he expressed "complete confidence" in the validity of the Council Regulation 2027/97. He declined to refer the question of its validity to the European Court of Justice and he dismissed IATA's request for judicial review. Furthermore, since the judgment made no order as to the validity of the Air Carrier Liability Order 1998, that order remains in force.

• Air Carrier Liability Order 1998 Lords · Lords Chamber · 5 May 1999

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 1998