UK Offence Report

2 A Community air carrier which fails to ensure that: a the information required to be made available on…

article 6(2) of Air Carrier Liability Order 1998

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 A Community air carrier which fails to ensure that: a the information required to be made available on request to passengers by paragraph 2 of Article 6 of the Council Regulations is so made available; or b its ticket document or an equivalent contains the summary of the requirements contained in Articles 3 and 5 of the Council Regulation as required by paragraph 2 of Article 6 of that Regulation, shall be guilty of an offence unless it proves that the failure to do so occurred without its consent or connivance and that it exercised all due diligence to prevent the failure.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a community air carrier
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a community air carrier meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 6(2)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Not doing what the provision requires under the Air Carrier Liability Order 1998, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (1998-10-17); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Revoked
Revoked by
The Air Carrier Liability Regulations 2004
Revoked on
28 June 2004
Made
21 July 1998
In force from
17 October 1998
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

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).

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source