The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019
2019 No. 278
Exiting The European Union
Civil Aviation
The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019
Made 15th February 2019
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181, section 2(2) of the European Communities Act 19722and section 71 of the Civil Aviation Act 19823.
The Secretary of State is a Minister designated4for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to air transport.
In accordance with section 71(2) of the Civil Aviation Act 1982, the Secretary of State has consulted with the Civil Aviation Authority before making these Regulations.
In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation and commencement
1.—(1) These Regulations may be cited as the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 and come into force in accordance with paragraphs (2) and (3).
(2) This regulation and regulation 5(1) and (2) come into force 22 days after the day on which these Regulations are made.
(3) Regulations 2 to 4, 5(3) and 6 to 9 come into force on exit day.
PART 2
Amendment of primary legislation
Amendment of the Carriage by Air Act 1961
2.—(1) The Carriage by Air Act 19615is amended as follows.
(2) In section 1(2) (Convention to have force of law), for “Community air carriers” substitute “UK air carriers”.
(3) In section 14(2) (interpretation)—
(a)
(a) omit the definition of “Community air carrier” (including the “and” at the end of it);
(b)
(b) at the end of the definition of “court”, insert—
“; and
“UK air carrier” has the meaning given by Article 2 of the Council Regulation”.
PART 3
Amendment of secondary legislation
Amendment of the Air Carrier Liability Regulations 2004
3.—(1) The Air Carrier Liability Regulations 20046are amended as follows.
(2) For regulation 2 (interpretation) substitute—
“2. In these Regulations—
“the Council Regulation” means Council Regulation (EC) No 2027/97as amended by Regulation (EC) No 889/2002of the European Parliament and of the Council;
“UK air carrier” has the meaning given by Article 2 of the Council Regulation.”.
(3) In regulation 3 (enforcement of Articles 3a and 6 of the Council Regulation), in paragraph (1), for “Community air carrier” substitute “UK air carrier”.
Amendment of the Carriage by Air Acts (Application of Provisions) Order 2004
4.—(1) The Carriage by Air Acts (Application of Provisions) Order 20047is amended as follows.
(2) In article 2 (interpretation)—
(a)
(a) omit the definition of “Community air carrier”;
(b)
(b) omit the word “and” immediately following the definition of “the MP4 Convention”;
(c)
(c) at the end of the definition of “the Montreal Convention” insert—
“; and
“UK air carrier” has the meaning given by Article 2 of the Council Regulation”.
(3) In article 3 (application), in paragraph (2), for “Community air carriers” substitute “UK air carriers”.
Amendment of the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005
5.—(1) The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 20058are amended as follows.
(2) In regulation 3 (offences) for paragraph (1), substitute—
“1 An operating air carrier is guilty of an offence if, in the United Kingdom or elsewhere, it fails to comply with an obligation imposed on it by Article 4, 5, 6, 10, 11 or 14 in respect of a passenger whose flight is either from—
(a) an airport in the United Kingdom, or
(b) a country which is not an EEA state to such an airport.”.
(3) In regulation 3 (offences), in paragraph (1) as substituted by regulation 5(2) of these Regulations, omit the words from “in respect of” to the end.
Amendment of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012
6.—(1) The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 20129are amended as follows.
(2) In regulation 4 (interpretation), in paragraph (1), in the definition of “travel service”, for paragraph (c)(ii) and (iii) substitute—
“(ii)
“(ii) other motor vehicles within the meaning of regulation 4(1) of the Road Vehicles (Approval) Regulations 200910; or
(iii)
(iii) motorcycles requiring a Category A driving licence in accordance with Part 1 of Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 199911;”.
(3) In regulation 9 (who may make available flight accommodation), omit paragraph (2).
(4) In regulation 9A (procuring flight accommodation as agent for the consumer), omit paragraphs (3) and (4).
(5) In regulation 9B (facilitating the making available of flight accommodation by another person), omit paragraphs (4) and (5).
(6) In regulation 10(1) (persons exempt from requirement to hold an ATOL), omit sub-paragraphs (d) and (j).
PART 4
Amendment of retained direct EU legislation
Amendment of Council Regulation (EC) No 2027/97
7.—(1) Council Regulation (EC) No 2027/97of the Council of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air12is amended as follows.
(2) In Article 1, for “a single Member State” substitute “the United Kingdom”.
(3) In Article 2, in paragraph 1, for point (b) substitute—
“(b)
“(b) “UK air carrier” means an air carrier with a valid operating licence granted by the Civil Aviation Authority in accordance with Chapter II of Regulation (EC) No 1008/2008of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the United Kingdom;”.
(4) In Article 3—
(a)
(a) in paragraph 1, for “Community air carrier” substitute “UK air carrier”;
(b)
(b) omit paragraph 2.
(5) In Article 3a, for “Community air carrier” substitute “UK air carrier”.
(6) In Article 5—
(a)
(a) in paragraphs 1 and 3, for “Community air carrier” substitute “UK air carrier”;
(b)
(b) in paragraph 2, for “euro” substitute “sterling”.
(7) In Article 6—
(a)
(a) in paragraph 1—
(i) for “Community”, in the first place it occurs, substitute “United Kingdom”; and
(ii) for “Community air carriers” substitute “UK air carriers”;
(b)
(b) in paragraph 2, for “Community” substitute “United Kingdom”;
(c)
(c) in paragraph 3—
(i) for “Community air carriers” substitute “UK air carriers”;
(ii) for “Community air carrier” substitute “UK air carrier”;
(iii) for “non-Community air carriers” substitute “non-UK air carriers”; and
(iv) for “within the Community” substitute “within the United Kingdom”.
(8) Omit Article 7 and the second paragraph of Article 8.
(9) In the Annex—
(a)
(a) in the first paragraph (air carrier liability for passengers and their baggage), for “Community air carriers” to the end, substitute “UK air carriers”;
(b)
(b) in the eleventh paragraph (basis for the information)—
(i) for “Community” substitute “United Kingdom in respect of UK air carriers”; and
(ii) omit “and national legislation of the Member States”.
Amendment of Regulation (EC) No 261/2004
8.—(1) Regulation (EC) No 261/2004of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91is amended as follows.
(2) In Article 1 (subject) omit paragraphs 2 and 3.
(3) In Article 2 (definitions)—
(a)
(a) for point (c), substitute—
“(c)
“(c) ‘Community carrier’ means an air carrier with a valid operating licence granted by a Member State in accordance with Chapter II of Regulation (EC) No 1008/2008of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community as it has effect in EU law13;”;
(b)
(b) in point (d), for “Article 2, point 2, of Council Directive 90/314/EECof 13 June 1990 on package travel, package holidays and package tours” substitute “regulation 2(1) of the Package Travel and Linked Travel Arrangements Regulations 2018”14;
(c)
(c) in point (e), for “Article 2, point 1, of Directive 90/314/EEC” substitute “regulation 2(5) of the Package Travel and Linked Travel Arrangements Regulations 2018”;
(d)
(d) after point (l) insert—
“(m)
“(m) ‘UK air carrier’ means an air carrier with a valid operating licence granted by the Civil Aviation Authority in accordance with Chapter II of Regulation (EC) No 1008/2008of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the United Kingdom.”.
(4) In Article 3 (scope)—
(a)
(a) in paragraph 1, in point (a), for “the territory of a Member State to which the Treaty applies” substitute “the United Kingdom”;
(b)
(b) for point (b) substitute—
“(b)
“(b) to passengers departing from an airport located in a country other than the United Kingdom to an airport situated in—
(i) the United Kingdom if the operating air carrier of the flight concerned is a Community carrier or a UK air carrier; or
(ii) the territory of a...
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