The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
(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.(1) The Carriage by Air Act 1961 is amended as follows.(2) In section 1(2) (Convention to have force of law) , for “Community air carriers” substitute “ UK air carriers ”.omit the definition of “Community air carrier” (including the “and” at the end of it) ;at the end of the definition of “court”, insert—
    ; and “UK air carrier” has the meaning given by Article 2 of the Council Regulation
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(1) The Air Carrier Liability Regulations 2004 are amended as follows.(2) For regulation 2 (interpretation) substitute—
    (2) In these Regulations—
    • the Council Regulation” means Council Regulation (EC) No 2027/97 as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council;
    • UK air carrier” has the meaning given by Article 2 of the Council Regulation.
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In these Regulations—
  • the Council Regulation” means Council Regulation (EC) No 2027/97 as amended by Regulation (EC) No 889/2002 of 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 ”.(1) The Carriage by Air Acts (Application of Provisions) Order 2004 is amended as follows.omit the definition of “Community air carrier”;omit the word “and” immediately following the definition of “the MP4 Convention”;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
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(3) In article 3 (application) , in paragraph (2) , for “Community air carriers” substitute “ UK air carriers ”.(1) The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 are 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.
an airport in the United Kingdom, ora 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.(1) The Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012 are amended as follows.(2) In regulation 4 (interpretation) , in paragraph (1) , in the definition of “travel service”, for F17paragraph (c) (iii) substitute—
    (iii) motorcycles requiring a Category A driving licence in accordance with Part 1 of Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 1999;
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motorcycles requiring a Category A driving licence in accordance with Part 1 of Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 1999;(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) .(1) Council Regulation (EC) No 2027/97 of the Council of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air is 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) 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 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the United Kingdom;
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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 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the United Kingdom;in paragraph 1, for “Community air carrier” substitute “ UK air carrier ”;omit paragraph 2.(5) In Article 3a, for “Community air carrier” substitute “ UK air carrier ”.in paragraphs 1 and 3, for “Community air carrier” substitute “ UK air carrier ”;in paragraph 2, for “euro” substitute “ sterling ”.for “Community”, in the first place it occurs, substitute “ United Kingdom ”; andfor “Community air carriers” substitute “ UK air carriers ”;in paragraph 2, for “Community” substitute “ United Kingdom ”;for “Community air carriers” substitute “ UK air carriers ”;for “Community air carrier” substitute “ UK air carrier ”;for “non-Community air carriers” substitute “ non-UK air carriers ”; andfor “within the Community” substitute “ within the United Kingdom ”.(8) Omit Article 7 and the second paragraph of Article 8.in the first paragraph (air carrier liability for passengers and their baggage) , for “Community air carriers” to the end, substitute “ UK air carriers ”;for “Community” substitute “ United Kingdom in respect of UK air carriers ”; andomit “and national legislation of the Member States”.(1) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance

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