UNITED KINGDOM STATUTORY INSTRUMENT
1967 No. 810
CIVIL AVIATION
The Carriage by Air Acts (Application of Provisions) (Overseas Territories) Order 1967
Made 24th May 1967
Coming into Operation 1st June 1967
At the Court at Buckingham Palace, the 24th day of May 1967
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of the following Order has been laid before Parliament and approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 9and 10 of the Carriage by Air Act 1961 and section 5 of the Carriage by Air (Supplementary Provisions) Act 1962, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
S-1
Citation and commencementCitation and commencement
1. This Order may be cited as the Carriage by Air Acts (Application of Provisions) (Overseas Territories) Order 1967 and shall come into operation on 1st June 1967.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“The Act of 1961” means
“The Act of 1962” means
“The amended Convention” means
“Governor of an Overseas Territory” means
“The Guadalajara Convention” means
“Overseas Territory” means
“The Warsaw Convention” means
(2) The Interpretation Act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament of the United Kingdom.
S-3
Application of Order to certain carriage by airApplication of Order to certain carriage by air
3. This Order shall apply to all carriage by air, not being carriage to which the amended Convention applies.
S-4
Non-International carriage, and carriage of mail and postal packagesNon-International carriage, and carriage of mail and postal packages
4. Schedule 2 to this Order shall have effect in respect of carriage to which this Order applies, being either—
(a) carriage which is not international carriage as defined in schedule 4 to this Order, or
(b) carriage of mail or postal packages.
International carriage under the Warsaw Convention
5.—(1) Schedule 4 to this Order shall have effect in respect of carriage to which this Order applies, being carriage which is international carriage as defined in that schedule.
(2) Sections 2 and 8 of the Act of 1961, adapted and modified in the form set out in schedule 3 to this Order, shall apply to such carriage as aforesaid.
S-6
Power to restrict application of OrderPower to restrict application of Order
6. The Governor of an Overseas Territory may by writing under his hand direct that, in relation to that Territory, any carriage or class of carriage, or any person or class of person shall be exempted from any of the requirements imposed by this Order, and any such direction may be expressed to be, and if so expressed shall take effect, subject to any conditions or limitations which in the circumstances of the case appear to the Governor to be required.
S-7
Application of certain provisions of the Acts of 1961 and 1962Application of certain provisions of the Acts of 1961 and 1962
7. Sections 3, 4 and 5 of the Act of 1961 and subsections (1) and (2) of section 3 of the Act of 1962, adapted and modified in the form as set out in schedule 1 to this Order, shall apply to carriage by air to which this Order applies, and any reference in the said subsections (1) and (2) of section 3 of the Act of 1962 to the Act of 1961 shall be construed as a reference to that Act as so adapted and modified.
S-8
Gratuitous carriage by the CrownGratuitous carriage by the Crown
8. (a)
8. (a) (1) This Order shall apply to gratuitous carriage by the Crown as it applies to carriage by the Crown for reward, and
(b)
(b) the Acts of 1961 and 1962, as adapted and modified by the provisions of the Carriage by Air (Overseas Territories) Order 1967and extended to the territories therein mentioned, shall apply to gratuitous carriage by the Crown as they apply by virtue of that Order, to carriage by the Crown for reward:
Provided, in each case, that the Crown shall not be precluded by Article 3(2) of the amended Convention as so applied from availing itself of the provisions of Article 22 thereof (which provides for the limitation of the carrier's liability in the carriage of persons) by reason of a passenger ticket not having been delivered or of the ticket not including the required notice.
(2) References in this section to the Crown shall be construed as including references to the Crown in respect of the government of an Overseas Territory.
S-9
Application of Order to Overseas TerritoriesApplication of Order to Overseas Territories
9. This Order shall apply to the territories mentioned in schedule 5 to this Order.
Revocation
10. The following Orders are revoked in so far as they apply as part of the law of the territories mentioned in schedule 5 to this Order:—
The Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) Order 1953;
The Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) (Amendment) Order 1955and
The Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) (Amendment) Order 1961
W. G. Agnew
SCHEDULE 1
SCHEDULE 1
ADAPTED AND MODIFIED PROVISIONS OF THE ACT OF 1961PART IArticle 7
ADAPTED AND MODIFIED PROVISIONS OF THE ACT OF 1961
3. Fatal accidents
Any liability imposed by Article 17 in Part I of schedule 2 and in Part I of schedule 4 to this Order on a carrier in respect of the death of a passenger shall be in substitution of any liability of the carrier in respect of the death of that passenger either under any enactment or at common law and the provisions set out in the Annex to this Part of this schedule shall have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced.
4. Limitation of liability
(1) It is hereby declared that the limitations on liability in Article 22 in Part I of schedule 2 and in Part I of schedule 4 to this Order apply whatever the nature of the proceedings by which liability may be enforced and that, in particular—
(a)
(a) those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor, and
(b)
(b) the limitation for each passenger in paragraph (1) of the said Article 22 applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of an Overseas Territory, together with any proceedings brought against him outside the Overseas Territory.
(2) A court before which proceedings are brought to enforce a liability which is limited by the said Article 22 may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the said Article 22, and of any other proceedings which have been, or are likely to be, commenced in an Overseas Territory or elsewhere to enforce the liability in whole or in part.
(3) Without prejudice to the last foregoing subsection, a court before which proceedings are brought to enforce a liability which is limited by the said Article 22 shall, where the liability is, or may be, partly enforceable in other proceedings in an Overseas Territory or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.
(4) The Governor of an Overseas Territory may, in such manner as he may think fit, from time to time specify the respective amounts which for the purpose of the said Article 22, and in particular of paragraph (5) or (4) of that Article, as the case may be, are to be taken as equivalent to the sums expressed in francs which are mentioned in that Article.
(5) References in this section to the said Article 22 include, subject to any necessary modifications, references to that Article as applied by Article 25A.
5. Time for bringing proceedings
(1) No action against a carrier's servant or agent which arises out of damage to which the amended Convention as applied by this Order relates shall, if he was acting within the scope of his employment, be brought after more than two years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
(2) Article 29 in Part I of schedule 2 and in Part I of schedule 4 to this Order shall not be read as applying to any proceedings for contribution between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which the said Article 29 applies after the expiration of two years from the time when judgment is obtained against the person seeking to obtain the contribution.
(3) The foregoing provisions of this section and the provisions of the said Article 29 shall have effect as if references in those provisions to an action included references to an arbitration.
ANNEX TO PART I OF SCHEDULE 1
1.—(1) The liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death.
(2) For the purposes of this paragraph the following shall be taken to be the members of the passenger's family, that is to say, the passenger's wife or husband, parents, grandparents, children and grandchildren and any person who is, or is the issue of, a brother, sister, uncle or aunt of the passenger.
(3) In deducing any relationship for the purposes of this paragraph—
(a)
(a) an adopted person shall be treated as the child...
