Air Navigation and Transport (International Conventions) Act 2004


Number 11 of 2004


AIR NAVIGATION AND TRANSPORT (INTERNATIONAL CONVENTIONS) ACT 2004

REVISED

Updated to 1 October 2020


This Revised Act is an administrative consolidation of the Air Navigation and Transport (International Conventions) Act 2004 . It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Forestry (Miscellaneous Provisions) Act 2020 (15/2020), enacted 2 October 2020, and all statutory instruments up to and including the Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (Face Coverings in Certain Premises and Businesses) (Amendment) Regulations 2020 (S.I. No. 404 of 2020), made 3 October 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 11 of 2004


AIR NAVIGATION AND TRANSPORT (INTERNATIONAL CONVENTIONS) ACT 2004

REVISED

Updated to 1 October 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Airports and Aviation Acts 1936 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Public Transport Act 2016 (3/2016), s. 1(4)). The Acts in this group are:

Air Navigation and Transport Acts 1936 to 1998

Air Navigation and Transport (International Conventions) Act 2004 (11/2004)

State Airports Act 2004 (32/2004), other than Part 3 and s. 25

State Airports (Shannon Group) Act 2014 (27/2014), other than Parts 8 and 9

Public Transport Act 2016 (3/2016), s. 6

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

International Interests in Mobile Equipment (Cape Town Convention) Act 2005 (15/2005)

All Acts up to and including Forestry (Miscellaneous Provisions) Act 2020 (15/2020), enacted 2 October 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Air Navigation and Transport (International Conventions) Act 2004 (Revision of Limits of Liability) Order 2010 (S.I. No. 390 of 2010)

All statutory instruments up to and including Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (Face Coverings in Certain Premises and Businesses) (Amendment) Regulations 2020 (S.I. No. 404 of 2020), made 3 October 2020, were considered in the preparation of this revision.


Number 11 of 2004


AIR NAVIGATION AND TRANSPORT (INTERNATIONAL CONVENTIONS) ACT 2004

REVISED

Updated to 1 October 2020


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1.

Short title.

2.

Purpose of Act.

3.

Interpretation.

PART 2

Implementation of International Conventions

4.

Conventions to have the force of law in the State.

5.

Inconsistency between English text and French text.

6.

Power of Government to certify contracting parties.

7.

Liability of carrier if a passenger dies.

PART 3

Supplementary Provisions

8.

Notification of reservation to the Montreal Convention.

9.

Domestic carriage by air.

9A.

Power to amend or revoke orders made under this Act.

9B.

Orders to be laid before the Houses of the Oireachtas.

9C.

Either House of the Oireachtas may annul order.

10.

Expenses of the Minister.

11.

Repeals and consequential amendments.

SCHEDULE 1

THE WARSAW CONVENTION WITH THE AMENDMENTS MADE IN IT BY THE HAGUE PROTOCOL

SCHEDULE 2

THE WARSAW CONVENTION WITH THE AMENDMENTS MADE IN IT BY THE HAGUE PROTOCOL AND PROTOCOL NO. 4 OF MONTREAL, 1975 CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR

SCHEDULE 3

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR


Acts Referred to

Air Navigation and Transport Act 1936

1936, No. 40

Civil Liability Act 1961

1961, No. 41

Civil Liability (Amendment) Act 1996

1996, No. 42

Family Law (Divorce) Act 1996

1996, No. 33


Number 11 of 2004


AIR NAVIGATION AND TRANSPORT (INTERNATIONAL CONVENTIONS) ACT 2004

REVISED

Updated to 1 October 2020


AN ACT TO GIVE EFFECT TO CERTAIN INTERNATIONAL CONVENTIONS RELATING TO INTERNATIONAL CARRIAGE BY AIR; AND TO PROVIDE FOR RELATED MATTERS. [13 th April, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: