1(1)Subject to subparagraph (2) below, no enactment or rule of law shall have effect so as to permit a person who has a right of action under the Convention in respect of the death of a passenger by virtue of his being a person whom the passeneger was under a legal duty to maintain to raise any other action in that respect for any loss of support suffered by him.
(2)Subparagraph (1) above shall not apply in so far as the other action concludes for a loss of society award as defined in section 1(4) of the M1Damages (Scotland) Act 1976.
Marginal Citations
2U.K.Section 1(5) of the said Act of 1976 (exclusion of certain items in assessment of damages) shall apply to an action brought under the Convention as it applies to an action brought under that Act; but section 6 of that Act shall not apply to such an action under the Convention.
3U.K.Where separate proceedings in respect of the death of a passenger are brought under the Convention and under any other enactment or rule of law the court, in awarding damages in such other proceedings, shall take into account any damages awarded in the proceedings brought under the Convention and may make any part of its award conditional on the result of those proceedings.
4U.K.In the said Act of 1976—
(a)in section 1(7) (restriction on awards of damages to relatives) before the word “no” there shall be inserted the words “ or under section 1 of the International Transport Conventions Act 1983 ”;
(b)after subsection (1) of section 5 (provisions for avoiding multiplicity of actions) there shall be inserted the following subsection—
“(1A)This section shall not apply to an action brought under section 1 of the International Transport Conventions Act 1983—
(a)by a person whom the deceased was under a legal duty to maintain; or
(b)by the deceased’s executor.”.
Marginal Citations
1U.K.In section 8A(1) for the words from “provide” to “modifications” there shall be substituted the words “ make such amendments of this Act, the Carriage by Air (Supplementary Provisions) Act 1962 and section 5(1) of the Carriage by Air and Road Act 1979 ”.
Marginal Citations
2U.K.In section 8A(1) for paragraphs (a) and (b) there shall be substituted—
“(a)this Act; and”.
Marginal Citations
3(1)In section 8(1) for paragraphs (a) and (b) there shall be substituted—U.K.
“(a)of this Act, and”.
(2)In section 8(2) for paragraphs (a) and (b) there shall be substituted the words “ of this Act ”.
Marginal Citations
4U.K.For section 16(1) there shall be substituted—
“(1)If at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to any revision of the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP) Her Majesty may by Order in Council make such amendments of this Act as Her Majesty considers appropriate in consequence of the revision.
(1A)In subsection (1) above “revision” means an omission from, addition to or alteration of that Agreement and includes replacement of that Agreement or part of it by another agreement.”
| Chapter etc. | Title | Extent of repeal |
|---|---|---|
| 1972 c. 33. | The Carriage by Railway Act 1972 | The whole Act. |
| 1976 c. 30. | The Fatal Accidents Act 1976. | In Schedule 1, paragraph 4. |
| S.I. 1977/1251 (N.I. 18). | The Fatal Accidents (Northern Ireland) Order 1977. | In Schedule 1, paragraph 7. |
| 1978 c. 47. | The Civil Liability (Contribution) Act 1978. | In Schedule 1, paragraph 8. |
| 1982 c. 53. | The Administration of Justice Act 1982. | Section 3(3). |