The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014

Made: 16th October 2014

Laid before Parliament: 27th October 2014

Coming into force: 1st December 2014

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to air transport and discrimination and in exercise of the powers conferred by that section makes these Regulations.

Citation and commencement

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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.

Revocation

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The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007 are revoked.

Interpretation

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• (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 ;

• ...

• ...

• ...

• ...

• ...

• ...

• “the Montreal Convention” means the Montreal Convention for the Unification of Certain Rules for International Carriage which was made on 28th May 1999 .

• (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 enforce

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• (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.

• (2) 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.

• (4) 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.

Consultation

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Request for consultation

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Person to whom a request for consultation is to be made

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Address for service

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Date of receipt of request

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Applications

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Enforcement Orders

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Interim Enforcement Orders

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Undertakings to the CAA

13

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Further proceedings

14

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Bodies corporate: orders

15

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Information

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Notices: procedure

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Notices: enforcement

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Evidence

19

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General restriction

20

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Consent

21

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Civil proceedings

22

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Criminal proceedings

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Compensation claims by disabled persons for a damages award

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• (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.

Signed

Signed by authority of the Secretary of State

Robert Goodwill — Parliamentary Under Secretary of State — 2014-10-16

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 1993/2661.

[^f00003]: S.I. 2002/1819.

[^f00004]: S.I. 2007/1895.

[^f00005]: OJ No. L.204, 26.7.2006, p1.

[^f00006]: 2003 c.21. Section 32(1) was amended by regulation 2(1) of, and paragraph 9 of Schedule 1 to, the Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210).

[^f00007]: Cm. 4651.

[^f00008]: 2000 c.12. Section 18 cross-refers to section 8 of the Limited Liability Partnerships Act 2000 and section 8 has been amended by regulation 85 of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804).

[^f00009]: 1971 c.80.

[^f00010]: 2006 c.46.

[^f00011]: 2000 c.12. Section 18 cross-refers to section 8 of the Limited Liability Partnerships Act 2000 and section 8 has been amended by regulation 85 of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804).

[^f00012]: 1968 c.64. Section 11 was amended by sections 100 and 101 of the Criminal Justice Act 1991 (c.53), section 165(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), section 38 of the Armed Forces Act 2001 (c.19) and section 378(1) of the Armed Forces Act 2006 (c.52).

[^f00013]: 1968 c.70. Section 10 was amended by article 2 and paragraph 6 of Schedule 1 to the Armed Forces Act 2006 (Consequential Amendment) Order 2009 (S.I. 2009/2054) and sections 165(1) and 168(1) and paragraph 37 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c.6).

[^f00014]: 1971 c.36 N.I. Section 7 has been repealed in part by Schedule 1 Part IV to the Armed Forces Act 1996 (c.46), Schedule 7 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) and Schedule 7 Part I to the Armed Forces Act 2001 (c.19) and has been amended by Schedule 1 Part IV to the Armed Forces Act 1996 (c.46) and Schedule 16 to the Armed Forces Act 2006 (c.52).

[^f00015]: 1998 c.29.

[^f00016]: OJ L No. 204, 26.7.06, p1.

Editorial notes

[^c22232231]: 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).

[^c22232241]: S.I. 1993/2661.

[^c22232251]: S.I. 2002/1819.

[^c22232261]: S.I. 2007/1895.

[^c22232271]: OJ No. L.204, 26.7.2006, p1.

[^c22232291]: Cm. 4651.

[^c22232381]: OJ L No. 204, 26.7.06, p1.

[^key-0983ecd6b2bd10ec5f5b841bc53b343c]: Reg. 25 added (4.8.2016) by The Civil Aviation (Denied Boarding, Compensation and Assistance and Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) (Amendment) Regulations 2016 (S.I. 2016/729), regs. 1, 3(5)

[^key-cdc0286ef8caf07183d2406897de48ea]: Reg. 4(4)(5) added (4.8.2016) by The Civil Aviation (Denied Boarding, Compensation and Assistance and Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) (Amendment) Regulations 2016 (S.I. 2016/729), regs. 1, 3(2)(b)

[^key-f02697490bf2d7509eca5b5feea50511]: Reg. 4(2) substituted (4.8.2016) by The Civil Aviation (Denied Boarding, Compensation and Assistance and Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) (Amendment) Regulations 2016 (S.I. 2016/729), regs. 1, 3(2)(a)

[^key-c72c4b06e230538cd439ea2d7a6f57e6]: Regs. 5-23 omitted (2.6.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 7(3) (with reg. 8)

[^key-fe637476fea3e2519a7de718bbce49d5]: Words in reg. 3(1) omitted (2.6.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 7(2)(a) (with reg. 8)

[^key-adc9a0f813b00c01ec25c7d4e46f3d8d]: Words in reg. 3(1) omitted (2.6.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 7(2)(b) (with reg. 8)

[^key-34ce15200083bad6ddc4f8c1edc5dfa3]: Words in reg. 3(1) omitted (2.6.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 7(2)(c) (with reg. 8)

[^key-81740efa72122c460ed7bfce2e71c6a8]: Words in reg. 3(1) omitted (2.6.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 7(2)(d) (with reg. 8)

[^key-b178da8713af41807d768fd3a546f8b2]: Words in reg. 3(1) omitted (2.6.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 7(2)(e) (with reg. 8)

[^key-4bb31dbcddf988da854368d15f48bf77]: Words in reg. 3(1) omitted (2.6.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I. 2020/484), regs. 1(2), 7(2)(f) (with reg. 8)

Review

25

• (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.