Carriage by Air and Road Act 1979

3 Amendment of Acts relating to carriage by air or road in consequence of revision of relevant conventions. U.K.

(1) In the Carriage by Air Act 1961, after section 8 there shall be inserted the following section —

“8A Amendments consequential on revision of Convention.

(1) If at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to a revision of the Convention, Her Majesty may by Order in Council provide that this Act, the Carriage by Air (Supplementary Provisions) Act 1962 and section 5(1) of the Carriage by Air and Road Act 1979 shall have effect subject to such exceptions, adaptations and modifications as Her Majesty considers appropriate in consequence of the revision.

(2) In the preceding subsection “revision” means an omission from, addition to or alteration of the Convention and includes repalacement of the Convention or part of it by another convention.

(3) An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.”

(2) In the M1 Carriage by Air (Supplementary Provisions) Act 1962, after section 4 there shall be inserted the following section —

“4A Amendments consequential on revision of Supplementary Convention.

(1) Section 8A of the said Act of 1961 (which among other things enables Her Majesty in Council to alter that Act and this Act in consequence of any revision of the convention to which that Act the Convention in the Schedule to this Act as it has effect in relation to a revision of the Convention mentioned in that section but as if the reference in that section to the said Act of 1961 were omitted.

(2) An order under the said section 8A may relate both to that Act and this Act ; and in the preceding subsection “revision”, in relation to the Convention in the Schedule to this Act, means an omission from, addition to or alteration of that Convention and includes replacement of that Conventionofpart of it by another convention.”

(3) In the M2 Carriage of Goods by Road Act 1965, after section 8 there shall be inserted the following section —

“8A Amendments consequential on revision of Convention.

(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 Convention, Her Majesty may by Order in Council make such amendment of —

(a) the provisions set out in the Schedule to this Act ; and

(b) the definition of, and references in this Act to, or to particular provisions of, the Convention ; and

(c) section 5(1) of the Carriage by Air and Road Act 1979,

as appear to Her to be appropriate in consequence of the revision.

(2) In the preceding subsection “revision”means an omission from, addition to or alteration of the Convention and includes replacement of the Convention or part of it by another convention.

(3) An order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.”

(4) In section 8 of the M3 Carriage of Passengers by Road Act 1974 (of which subsection (1) enables amendments of the provisions of that Act mentioned in paragraphs (a) and (b) of that subsection to be made by Order in Council in consequence of any revision of the Convention mentioned in that subsection, whether the revision operates by way of amendment of the text of the Convention as then in force or takes the form of a new convention or part of a new convention having substantially the same effect as the provisions set out in the Schedule to that Act) —

(a) in subsection (1) the words from “whether” to “Act” where it first occurs shall be omitted ;

(b) at the end of paragraph (b) of subsection (1) there shall be inserted the words “and

(c) of section 5(1) of the Carriage by Air and Road Act 1979” ;and

(c) after subsection (1) there shall be inserted the following subsection —

“(1A) In the preceding subsection “revision” means an omission from, addition to or alteration of the Convention and includes replacement of the Convention or part of it by another convention.”

Modifications etc. (not altering text)

C1 The text of Ss. 1(1)(2), 2(1), 3, 4(1)–(3), 6(4), Schs. 1, 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not represent any amendments or repeals which may have been made prior to 1.2.1991

Commencement Information

I1 S. 3 partly in force; s. 3 not in force at Royal Assent see s. 7(2); s. 3(1) in force at 22.10.1998 by S.I. 1998/2562, art. 2; s. 3(3) in force at 28.10.1980 by S.I. 1980/1966, art. 2, Sch.; s. 3(2) in force at 12.10.2000 by S.I. 2000/2768, art. 2

Marginal Citations

M1 1962 c. 43.

M2 1965 c. 37.

M3 1974 c. 35