PART 1

Preliminary Matters

1. —This Act may be cited as the Air Navigation and Transport (International Conventions) Act 2004 .

2. —The purpose of this Act is to give effect, as law of the State, to certain international conventions regulating the international carriage of passengers and goods by air.

3. —(1) In this Act, unless the context otherwise requires—

“the applicable provisions” means—

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

(b) the provisions of that Convention (as amended) set out in Schedule 2, and

(c) the provisions of the Montreal Convention set out in Schedule 3,

so far as they relate to the rights and liabilities of carriers, carriers' employees and agents, passengers, consignors, consignees and other persons;

“Carriage by Air Conventions” means—

(a) the Warsaw Convention, and

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

(c) the Montreal Convention;

“Community air carrier” has the meaning given by Article 2 of the Council Regulation;

“Council Regulation” means Council Regulation (EC) No. 2027/97 of 9 October 1997 on air carrier liability in the event of accidents as it has effect in accordance with the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993 (as amended by the Decision of the EEA Joint Committee No. 34/98 of 30 April 1998);

“Minister” means the Minister for Transport;

“Montreal Convention” means the Convention known as the Montreal Convention 1999;

“Warsaw Convention” means the Convention known as the Warsaw Convention, as amended at The Hague in 1955.

(2) In this Act, a reference to an Article of, or a 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.

(3) In this Act—

(a) a reference to a Part or section is a reference to a Part or section of this Act, unless it is indicated that a reference to some other enactment is intended, and

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to a particular enactment is a reference to the enactment as amended, adapted or extended by or in accordance with any subsequent enactment, including this Act.