The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005
UK Statutory Instrument 2005 No. 975 — creates 1 criminal offence.
- Made
- 29 March 2005
- In force from
- 23 April 2005
- Extent
- Not stated
- Subject
- Transport: maritime, aviation, rail and harbours
- Made under
- European Communities Act 1972
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.
These Regulations make provision for the creation of offences for the purposes of enforcing the rights and entitlements set out in Council Regulation (EC) No. 261/2004 which establishes common rules on compensation and assistance to passengers in the event that they are denied boarding onto their flight or that the flight has been cancelled or subjected to lengthy delays. Regulation 3 provides that anyone failing to offer compensation and or provide assistance in the circumstances provided for by the Council Regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. It will be a defence for an operating air carrier to demonstrate that it took all reasonable steps and was as careful as possible to ensure compliance with the Council Regulation (regulation 4). The Regulations also designate the Civil Aviation Authority as the body responsible for the enforcement of the Council Regulation and the Air Transport Users Council as the body to receive complaints regarding any alleged breaches of the Council Regulation (regulation 5). A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Department for Transport, 76 Marsham Street, London SW1P 4DR. Alternatively copies can be obtained from the Department for Transport’s website which is at www.dft.gov.uk.
Offences created by this instrument
- An operating air carrier who fails to comply with an obligation imposed on it by Article 4 to 6, 10, 11 or 14 shall be… regulation 3(1) · Status not determined · 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.
- Retained EU Law (Revocation and Reform) Bill (Fourth sitting)
Commons · Public Bill Committees · 22 November 2022 · Justin Madders
Now that we are done with the forces of nature, I will take Government Members to the edge of panic again with more of what they will consider to be scaremongering—this time, about consumer rights. We are not trying to worry anyone; we are just trying to protect the rules that are already in place. Amendment 75 prevents key consumer regulations and legislation from falling off a legislative cliff edge in a little over a year’s time, and amendment 78 removes them from the scope of the powers to revoke without replacement in section 15 of the Bill. To be clear, neither of the amendments is…
- Retained EU Law (Revocation and Reform) Bill (Fourth sitting)
Commons · Public Bill Committees · 22 November 2022 · Justin Madders
I beg to move amendment 75, in clause 1, page 1, line 9, at end insert— “(2A) Subsection (1) does not apply to the following instruments— (a) The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005, (b) Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations, (c) The Consumer Rights (Payment Surcharges) Regulations 2012, (d) The Electrical Equipment (Safety) Regulations 2016, (e) The Toys (Safety) Regulations 2011, (f) The Control of Asbestos Regulations 2012, (g) The Alternative…
- Retained EU Law (Revocation and Reform) Bill
Commons · Commons Chamber · 18 January 2023 · Mr Speaker
With this it will be convenient to discuss the following: New clause 2— Conditions for bringing sections 3, 4 and 5 into force — “(1) None of sections 3, 4 or 5 may be brought into force unless all the following conditions have been satisfied. (2) The first condition is that a Minister of the Crown has, after consulting organisations and persons representative of interests substantially affected by, or with expertise in the likely legal effect of, that section on a draft of that report, laid a report before each House of Parliament setting out, with reasons, the Minister’s view as to the…
- Retained EU Law (Revocation and Reform) Bill
Lords · Lords Chamber · 6 March 2023 · Baroness Chapman of Darlington (Lab)
My Lords, I am happy to briefly introduce Amendment 112 on behalf of the noble Baroness, Lady McIntosh. It is a pleasure and I thank her for inviting me to do so. Amendment 112 would require a relevant national authority or a Minister of the Crown to consult with those who may be affected by regulations under Clause 15(1) before making them. All relevant national authorities would be required to publish the results of the consultation. We have been discussing Clause 15 on and off since we started. It is about the power to revoke and has caused a great deal of interest among noble Lords as we…
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 2005