(1)Subject to this section, the provisions of the Convention known as “the Warsaw Convention as amended at The Hague, 1955” as [F1further amended by provisions of protocols No. 3 and No. 4 signed at Montreal on 25th September 1975 and] set out in the First Schedule to this Act shall, so far as they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees and other persons, and subject to the provisions of this Act, have the force of law in the United Kingdom in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage; and the M1Carriage by Air Act, 1932 (which gives effect to the Warsaw Convention in its original form), shall cease to have effect.
[F2(1A)In relation to Community air carriers—
(a)in respect of damages up to the equivalent in ecus of 100,000&4u;SDR arising from the death, wounding or other bodily injury suffered by a passenger, the provisions of Article 20 of the Convention; and
(b)in respect of damages arising from the death, wounding or other bodily injury suffered by a passenger the provisions of Articles 21 and 22(1) of the Convention,
do not have the force of law in the United Kingdom.]
(2)If there is any inconsistency between the text in English in Part I of the First Schedule to this Act and the text in French in Part II of that Schedule, the text in French shall prevail.
(3)This section shall come into force on such day as Her Majesty may by Order in Council certify to be the day on which the Convention comes into force as regards the United Kingdom.
(4)This section shall not apply so as to affect rights or liabilities arising out of an occurrence before the coming into force of this section.
Textual Amendments
F1Words inserted (prosp. ) with saving by Carriage by Air and Road Act 1979 (c. 28, SIF 9), ss. 1(2)(3), 7(2), Sch. 2 para. 1
F2S. 1(1A) inserted (17.10.1998) by S.I. 1998/1751, art. 3(1)
Marginal Citations