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An Act to give effect to the Convention concerning international carriage by air known as “the Warsaw Convention as amended at The Hague, 1955", to enable the rules contained in that Convention to be applied, with or without modification, in other cases and, in particular, to non-international carriage by air; and for connected purposes.
[22nd June 1961]
C1Act saved by Nuclear Installations Act 1965 (c. 57),s. 12(4)(b)
C2Power to apply Act given by Hovercraft Act 1968 (c. 59), s. 1(1)(i)
C3Act applied with modifications (in relation to hovercraft) by S. I. 1986/1305, arts. 3, 5, Sch. 1
(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 Community 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.]
F1S. 1 substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(2) (with art. 1(3))
(1)Her Majesty may by Order in Council from time to time certify who are [F1, either generally or in respect of specified matters,] the High Contracting Parties to [F2any of the Carriage by Air Conventions], in respect of what territories they are respectively parties and to what extent they have availed themselves of the provisions of
[F3(a)the Additional Protocol at the end of the Convention;
(b)the Additional Protocol at the end of the Convention as amended; or
(c)Article 57(a) of the Montreal Convention.]
[F4(1A)Her Majesty may by Order in Council certify any revision of the limits of liability established under the Montreal Convention.]
[F5(2)The provisions of the Carriage by Air Conventions mentioned in subsection (2A) shall not be read as extending references in the applicable provisions to the territory of a High Contracting Party (except such as are references to the territory of any State, whether a High Contracting Party or not) to include any territory in respect of which that High Contracting Party is not a party.
(2A)The provisions are—
(a)Article 40A(2) of the Convention;
(b)Article 40A(2) of the Convention as amended; and
(c)paragraph 1 of Article 56 of the Montreal Convention.]
(3)An Order in Council under this section shall, except so far as it has been superseded by a subsequent Order, be conclusive evidence of the matters so certified.
(4)An Order in Council under this section may contain such transitional and other consequential provisions as appear to Her Majesty to be expedient.
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. 2
F2Words in S. 2(1) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(3)(a) (with art. 1(3))
F3Words in s. 2(1) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(3)(b) (with art. 1(3))
F4S. 2(1A) inserted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(4) (with art. 1(3))
F5S. 2(2)(2A) substituted for s. 2(2) (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(5) (with art. 1(3))
References in section one of the M1Fatal Accidents Act, 1846, as it applies in England and Wales, and [F1in Article 3(1) of the Fatal Accidents (Northern Ireland) Order 1977] to a wrongful act, neglect or default shall include references to any occurrence which gives rise to a liability under [F2—
Article 17 of the Convention;
Article 17 of the Convention as amended; or
Article 17.1 of the Montreal Convention.]
F1Words substituted by S.I. 1977/1251, Sch. 1.
F2Words in s. 3 substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(6) (with art. 1(3))
C1S. 3 amended with saving by Fatal Accidents Act 1976 (c. 30), s. 7(2), Sch. 1 para. 2(2)
M11846 c. 93.
[F1(1)It is hereby declared that the limitations on liability in the applicable provisions mentioned in subsection (1A) apply whatever the nature of the proceedings by which liability may be enforced.
(1A)The provisions are—
(a)Article 22 of the Convention;
(b)Article 22 of the Convention as amended; and
(c)Articles 21 and 22 of the Montreal Convention.
(1B)The limitation for each passenger in—
(a)paragraph (1) of Article 22 of the Convention or of the Convention as amended, and
(b)Article 21 and paragraph (1) of Article 22 of the Montreal Convention,
applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of any part of the United Kingdom, together with any proceedings brought against him outside the United Kingdom.]
(2)A court before which proceedings are brought to enforce a liability which is limited by [F2a provision mentioned in subsection (3A)][F3 or Article 22A] may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of [F4that provision], and of any other proceedings which have been, or are likely to be, commenced in the United Kingdom or elsewhere to enforce the liability in whole or in part.
(3)Without prejudice to the last foregoing subsection, a court before which proceedings are brought to enforce a liability which is limited by [F5a provision mentioned in subsection (3A)][F3or Article 22A]shall, where the liability is, or may be, partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.
[F6(3A)The provisions are—
(a)Article 22 of the Convention;
(b)Article 22 of the Convention as amended; and
(c)Articles 21, 22 and 44 of the Montreal Convention.]
[F7(4)The Minister of Aviation may from time to time by order made by statutory instrument specify the respective amounts which for the purposes of the said Article 22, and in particular of paragraph (5) of that Article, are to be taken as equivalent to the sums expressed in francs which are mentioned in that Article.]
(5)References in this section to the said Article 22 [F8of the Convention or of the Convention as amended][F9and Article 22A]include, subject to any necessary modifications, references to that Article as applied by Article 25A [F10of the Convention].
F1S. 4(1) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(7) (with art. 1(3))
F2Words in s. 4(2) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(8)(a) (with art. 1(3))
F3Words inserted (prosp.) with saving by Carriage by Air and Road Act 1979 (c.28, SIF 9), s. 1(2)(3), 7(2), Sch. 2 para. 4(a)
F4Words in s. 4(2) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(8)(b) (with art. 1(3))
F5Words in s. 4(3) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(9) (with art. 1(3))
F6S. 4(3A) inserted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(10) (with art. 1(3))
F7S. 4(4) repealed (prosp.) with saving by Carriage by Air and Road Act 1979 (c. 28, SIF 9), s. 1(2)(3), 6(4)(a), 7(2), Sch. 2 para. 4(c)
F8Words in s. 4(5) inserted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(11)(a)
F9Words inserted (prosp.) with saving by Carriage by Air and Road Act 1979 (c. 28, SIF 9), s. 1(2)(3), 7(2), Sch. 2 para. 4(a)
F10Words in s. 4(5) inserted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(11)(b)
C1S. 4(2)(3) amended by Carriage by Air (Supplementary Provisions) Act (c. 43), s. 3(1)
C2Functions of Minister of Aviation under this Act now exercisable by Secretary of State concurrently with Board of Trade: S.I. 1966/741 and 1970/1537
(1)[F2References to damage in the provisions mentioned in subsection (2)] shall be construed as including loss of part of the baggage or cargo in question and the reference to the receipt of baggage or cargo shall, in relation to loss of part of it, be construed as receipt of the remainder of it.
[F3(2)The provisions are—
(a)Article 26(2) of the Convention;
(b)Article 26(2) of the Convention as amended; and
(c)Article 31(2) of the Montreal Convention.]]
F1S. 4A inserted (with saving) by Carriage by Air and Road Act 1979 (c. 28, SIF 9), s. 2(1)(2)
F2Words in s. 4A(1) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(12) (with art. 1(3))
F3S. 4A(2) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(13) (with art. 1(3))
(1)No action against a carrier’s servant or agent which arises out of damage to which [F1any of the Carriage by Air Conventions applies]shall, if he was acting within the scope of his employment, be brought after more than two years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
(2)[F2The provisions mentioned in subsection (4)] not be read as applying to any proceedings for contribution between, [F3persons liable for any damage to which [F4any of the Carriage by Air Conventions]relates][F5but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which the said Article 29 applies after the expiration of two years from the time when judgment is obtained against the person seeking to obtain the contribution.]
(3)[F6Subsections (1) and (2) and the provisions mentioned in subsection (4)] have effect as if references in those provisions to an action included references to [F7arbitral proceedings]; [F8and the provisions of section 14 of the Arbitration Act 1996 apply to determine when such proceedings are commenced.].
[F9(4)The provisions are—
(a)Article 29 of the Convention;
(b)Article 29 of the Convention as amended; and
(c)Article 35 of the Montreal Convention.
(5)If the Montreal Convention applies, “carrier" in this section includes an actual carrier as defined by Article 39 of that Convention.]
F1Words in s. 5(1) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(14) (with art. 1(3))
F2Words in s. 5(2) substituted (coming into force in accordance with art. 1(2)) by virtue of S.I. 2002/263, art. 2(15)(a) (with art. 1(3))
F3Words substituted (E. W. N. I.) by Civil Liability (Contribution) Act 1978 (c. 47, SIF 122:3), s. 9, Sch. 1 para. 5(2) (subject to savings in s. 5 in relation to Her Majesty and the Duchy of Cornwall and in s. 7 in relation to debts due or damage occurring before the commencement of the Act)
F4Words in s. 5(2) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(15)(b) (with art. 1(3))
F5Words repealed (E.W.) with saving by Limitation Act 1963 (c. 47), ss. 4(4)(5), 10(5) and repealed and superseded (N.I.) by Limitation Act (Northern Ireland) 1946 (c. 1), s. 4(4)(b)
F6Words in s. 5(3) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(16) (with art. 1(3))
F7Words in s. 5(3) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 13(2)(a); S.I. 1996/3146, art. 3
F8Words in s. 5(3) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 13(2)(b); S.I. 1996/3146, art. 3
F9S. 5(4)(5) inserted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(17) (with art. 1(3))
C1S. 5 amended by Carriage by Air (Supplementary Provisions) Act 1962 (c. 43, SIF 9), s. 3(2)
E1This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only
(1)No action against a carrier’s servant or agent which arises out of damage to which [F1any of the Carriage by Air Conventions applies] shall, if he was acting within the scope of his employment, be brought after more than two years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
(2)[F2The provisions mentioned in subsection (4)] not be read as applying to any proceedings for contribution between tortfeasors, F3. . .
(3)[F4Subsections (1) and (2) and the provisions mentioned in subsection (4)] have effect as if references in those provisions to an action included references to [F5arbitral proceedings]; [F6and the provisions of section 14 of the Arbitration Act 1996 apply to determine when such proceedings are commenced.].
[F7(4)The provisions are—
(a)Article 29 of the Convention;
(b)Article 29 of the Convention as amended; and
(c)Article 35 of the Montreal Convention.
(5)If the Montreal Convention applies, “carrier" in this section includes an actual carrier as defined by Article 39 of that Convention.]
F1Words in s. 5(1) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(14) (with art. 1(3))
F2Words in s. 5(2) substituted (coming into force in accordance with art. 1(2)) by virtue of S.I. 2002/263, art. 2(15)(a) (with art. 1(3))
F3Words repealed (S.) with saving by Limitation Act 1963 (c. 47), ss. 4(4)(5), 10(5) and repealed and superseded (N.I.) by Limitation Act (Northern Ireland) 1946 (c. 1), s. 4(4)(b)
F4Words in s. 5(3) substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(16) (with art. 1(3))
F5Words in s. 5(3) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 13(2)(a); S.I. 1996/3146, art. 3
F6Words in s. 5(3) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 13(2)(b); S.I. 1996/3146, art. 3
F7S. 5(4)(5) inserted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(17) (with art. 1(3))
C1S. 5 amended by Carriage by Air (Supplementary Provisions) Act 1962 (c. 43, SIF 9), s. 3(2)
E1This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only
F1(1) It is hereby declared that for the purposes of [F2the provisions mentioned in subsection (2)] the M1Law Reform (Contributory Negligence) Act 1945 (including that Act as applied to Scotland), and section two of the M2Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948, are provisions of the law of the United Kingdom under which a court may exonerate the carrier wholly or partly from his liability.
[F3(2)The provisions are—
(a)Article 21 of the Convention;
(b)Article 21 of the Convention as amended; and
(c)Article 20 of the Montreal Convention.]
F1S. 6: the existing provision becomes subsection (1) (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(18)(a) (with art. 1(3))
F2Words in s. 6 substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(18)(b) (with art. 1(3))
F3S. 6(2) inserted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(19) (with art. 1(3))
M11945 c. 28.
M21948 c. 23 (N.I.)
(1)Her Majesty may from time to time by Order in Council direct that this section shall apply, or shall cease to apply, to the United Kingdom or any other State specified in the Order.
(2)The [F1the applicable provisions] to this Act shall not apply to the carriage of persons, cargo and baggage for the military authorities of a State to which this section applies in aircraft registered in that State if the whole capacity of the aircraft has been reserved by or on behalf of those authorities.
F1Words in s. 7 substituted (coming in force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(20) (with art. 1(3))
Carriage by Air Act 1961