Carriage by Air Act 1961

[F1 1 Convention to have the force of law U.K.

(1) The applicable provisions of the Carriage by Air Conventions have the force of law in the United Kingdom in relation to any carriage by air to which they apply, irrespective of the nationality of the aircraft performing that carriage.

(2) Subsection (1) does not apply in relation to [F2 UK air carriers] to the extent that the provisions of the Council Regulation have the force of law in the United Kingdom.

(3) Subsection (1) is subject to the other provisions of this Act.

(4) If more than one of the Carriage by Air Conventions applies to a carriage by air, the applicable provisions that have the force of law in the United Kingdom are those of whichever is the most recent applicable Convention in force.

(5) The Carriage by Air Conventions are—

(a) the Convention known as “the Warsaw Convention as amended at The Hague, 1955" (“the Convention");

(b) that Convention as further amended by Protocol No. 4 of Montreal, 1975 (“the Convention as amended"); and

(c) the Convention known as “the Montreal Convention 1999" (“the Montreal Convention").

(6) “The applicable provisions" means—

(a) the provisions of the Convention set out in Schedule 1,

(b) the provisions of the Convention as amended set out in Schedule 1A, and

(c) the provisions of the Montreal Convention set out in Schedule 1B,

so far as they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees and other persons.

(7) In this Act a reference to an Article of, or Protocol to, any of the Carriage by Air Conventions is a reference to that Article or Protocol as it appears in the Schedule in which it is set out.

(8) If there is any inconsistency between the text in English in Part I of Schedule 1 or 1A and the text in French in Part II of that Schedule, the French text shall prevail.]

Textual Amendments

F1 S. 1 substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(2) (with art. 1(3))

F2 Words in s. 1(2) substituted (31.12.2020) by The Air Passenger Rights and Air Travel Organisers Licensing (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/278), regs. 1(3), 2(2); 2020 c. 1, Sch. 5 para. 1(1)