The Civil Aviation (Provision of Information to Passengers) Regulations 2006
UK Statutory Instrument 2006 No. 3303 — creates 4 criminal offences.
- Made
- 12 December 2006
- In force from
- 16 January 2007
- 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 create offences for the purpose of enforcing the obligations set out in Chapter III of Council Regulation (EC) No. 2111/2005 (O.J. No. L 344, 27.12.2005, p.15) which require that air passengers be informed of the identity of the operating air carrier or carriers and offered a right of reimbursement or re-routing if the air carrier is subject to an operating ban. Regulation 3 provides that anyone failing to comply with Articles 11 or 12 of the Council Regulation shall be liable on summary conviction to a fine, the maximum amount of which varies depending on the nature of the offence. Regulation 4 provides that it is a defence to demonstrate that all reasonable steps have been taken to ensure compliance with the Council Regulation. This defence is not available where it is unreasonable for a person to have relied on information provided to him. Regulation 5 provides that the members and officers of corporate bodies who have contributed to a failure to comply with the Council Regulation shall also be liable to prosecution. 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 air carriage contractor who fails to comply with an obligation imposed on him by— a any of paragraphs 1, 2, 3 or 6… regulation 3(1) · Status not determined · Strict liability
- An air carrier who fails to comply with an obligation imposed on him by paragraph 4 of Article 11 shall be guilty of… regulation 3(2) · Status not determined · Strict liability
- A tour operator who fails to comply with an obligation imposed on him by paragraph 4 of Article 11 shall be guilty of… regulation 3(3) · Status not determined · Strict liability
- Bodies corporate regulation 5(3) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
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 2006