2014 No. 2833
The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014
Made
Laid before Parliament
Coming into force
Citation and commencement1
These Regulations may be cited as the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014 and come into force on 1st December 2014.
Revocation2
The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007 M4 are revoked.
Interpretation3
1
In these Regulations—
“the Articles” means Articles 2 to 15 of the EC Regulation;
“the CAA” means the Civil Aviation Authority;
“the EC Regulation” means Regulation (EC) No.1107/2006 of the European Parliament and of the Council of 5th July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air M5;
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“the Montreal Convention” means the Montreal Convention for the Unification of Certain Rules for International Carriage which was made on 28th May 1999 M6.
2
In these Regulations “air carrier”, “airport”, “disabled person”, “managing body of an airport”, “operating air carrier”, “person with reduced mobility” and “tour operator” have the same meaning as in the EC Regulation.
3
A reference to an Article is a reference to that Article in the EC Regulation.
4
A reference in these Regulations to a document or any other thing in writing includes that document or thing in an electronic form.
Duty to enforce4
1
The CAA is the designated body for the purposes of Article 14 and it and any person authorised to act on its behalf are to have access at all reasonable times to any part of an airport or aircraft for the purposes of carrying out the CAA's function under that Article.
F32
Subject to paragraphs (3) and (5), the CAA and the bodies listed in paragraph (4) are designated bodies for the purposes of Article 15(2).
3
The General Consumer Council for Northern Ireland is the designated body for those purposes in respect of a complaint made under the EC Regulation relating to—
a
an airport in Northern Ireland, or
b
a flight departing from an airport in Northern Ireland.
F24
The bodies referred to in paragraph (2) are—
a
CEDR Services Limited (company registration number 03271988);
b
Consumer Dispute Resolution Limited (company registration number 09189773).
5
The designation by paragraph (2) of a body listed in paragraph (4) only applies in so far as any contract entered into by that body with an operating air carrier provides for that body to deal with complaints made in accordance with Article 15(2) in relation to that carrier.
ConsultationF45
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Request for consultationF46
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Person to whom a request for consultation is to be madeF47
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Address for serviceF48
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Date of receipt of requestF49
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ApplicationsF410
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Enforcement OrdersF411
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Interim Enforcement OrdersF412
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Undertakings to the CAAF413
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Further proceedingsF414
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Bodies corporate: ordersF415
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InformationF416
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Notices: procedureF417
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Notices: enforcementF418
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EvidenceF419
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General restrictionF420
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ConsentF421
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Civil proceedingsF422
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Criminal proceedingsF423
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Compensation claims by disabled persons for a damages award24
1
A claim by a disabled person or person with reduced mobility for an infringement of any of that person's rights under the EC Regulation may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.
2
For the avoidance of doubt, any damages awarded in respect of any infringement of the EC Regulation may, if and so far as they are compatible with articles 17 and 29 of the Montreal Convention or other international treaty obligation, include compensation for injury to feelings whether or not they include compensation under any other head.
3
Proceedings in England, Wales or Northern Ireland may be brought only in a county court.
4
Proceedings in Scotland may be brought only in a sheriff court.
5
The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.
6
A county court or a sheriff court is not to consider a claim under this regulation unless proceedings in respect of it are instituted before the end of the period of six months beginning when the infringement complained of occurred.
7
Where, in relation to proceedings or prospective proceedings under this regulation, the dispute concerned is referred to conciliation before the end of the period of six months mentioned in paragraph (6), the period allowed by that paragraph is to be extended by three months.
8
A court may consider any claim under this regulation which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
F1Review25
1
The Secretary of State must from time to time—
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the provisions of Regulation (EC) No 1107/2006 are enforced in other member States.
3
The report must in particular—
a
set out the objectives intended to be achieved by these Regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in another way which involves less regulations.
4
The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Signed by authority of the Secretary of State
1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).