The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018

Made: 11th December 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 .

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Preliminary

Citation and commencement

1

These Regulations may be cited as the Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.

PART 2 — Amendment of subordinate legislation

Amendment of the Civil Aviation (Insurance) Regulations 2005

2

• (1) The Civil Aviation (Insurance) Regulations 2005 are amended as follows.

• (2) In regulation 3 (competent authority), in paragraph (1), for “Articles 5 and 8” substitute “ Article 5 ”.

• (3) In regulation 4 (offence of failing to comply with the Insurance Regulation)—

• (a) in paragraph (1) for “Subject to paragraph (2) an” substitute “ An ”;

• (b) omit paragraph (2).

PART 3 — Amendment of EU Regulation

Amendment of Regulation (EC) No 785/2004

3

Regulation (EC) No 785/2004 of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators is amended as follows.

4

In Article 1 (objective of Regulation), in paragraph 2, for “national laws of the Member States” substitute “ law of England and Wales, Scotland or Northern Ireland ”.

5

In Article 2 (scope)—

• (a) in paragraph 1, for “a Member State to which the Treaty applies” substitute “ the United Kingdom ”;

• (b) omit paragraphs 3 and 4.

6

In Article 3 (definitions)—

• (a) for subparagraph (b) substitute—

(b) ‘United Kingdom air carrier’ means an air carrier with a valid operating licence granted by the CAA in accordance with Regulation (EC) No 1008/2008 ; (ba) ‘non-UK air carrier’ means an air carrier which is not a United Kingdom air carrier;

• (b) after subparagraph (c) insert—

(ca) ‘the CAA’ means the Civil Aviation Authority; (cb) ‘the UK competent authority’ means— (i) in such cases as are indicated by regulation 3(2) of the Civil Aviation (Insurance) Regulations 2005, the Secretary of State or a person authorised by the Secretary of State, and (ii) in any other case, the CAA;

7

In Article 4 (principles of insurance), in paragraph 3—

• (a) in the first indent, for “the Member States and/or the Community are parties,” substitute “ the United Kingdom is party, and ”;

• (b) omit the second indent (and the “and” following it);

• (c) in the third indent, for “national law of the Member States” substitute “ the law of England and Wales, Scotland or Northern Ireland ”.

8

In Article 5 (compliance)—

• (a) in paragraph 1, for “the competent authorities of the Member State concerned” substitute “ the UK competent authority ”;

• (b) omit paragraphs 2, 3 and 4;

• (c) in paragraph 5, for the words from “Commission” to the end substitute “ Secretary of State may, by regulations, make provision for paragraph 1 to apply with modifications. ”.

9

In Article 6 (levels of insurance in respect of liability for passengers, baggage and cargo)—

• (a) in paragraph 1, for “Member States may” substitute “ the Secretary of State may, by regulations, ”;

• (b) in paragraph 4—

• (i) for “the Member States” substitute “ the United Kingdom ”;

• (ii) for “non-Community” substitute “ non-UK ”;

• (iii) for “the Community” substitute “ the United Kingdom ”;

• (iv) for “such territory” substitute “ the territory of the United Kingdom ”;

• (c) in paragraph 5, for “The Commission is empowered to adopt delegated acts in accordance with Article 8a amending”, substitute “The Secretary of State may, by regulations, amend”.

10

In Article 7 (levels of insurance in respect of liability for third parties)—

• (a) in paragraph 1, for “The Commission” substitute “ The UK competent authority ”;

• (b) in paragraph 2, for “The Commission is empowered to adopt delegated acts in accordance with Article 8a amending”, substitute “The Secretary of State may, by regulations, amend”.

11

Omit Article 8 (enforcement and sanctions), Article 8a (exercise of the delegation) and Article 9 (committee procedure).

12

Before Article 10 insert—

(1) Regulations under this Regulation may— (a) make consequential, supplementary, incidental, transitional, transitory or saving provision; (b) make different provision for different purposes. (2) Regulations under this Regulation are to be made by statutory instrument. (3) A statutory instrument containing regulations under this Regulation may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

13

In Article 10 (report and cooperation)—

• (a) omit paragraph 1;

• (b) in paragraph 2—

• (i) for “Member States” substitute “ the CAA ”;

• (ii) for “the Commission” substitute “ the Secretary of State ”.

14

After Article 11 (entry into force) omit the paragraph beginning with the words “This Regulation”.

Signed

Signed by authority of the Secretary of State for Transport.

Sugg — Parliamentary Under Secretary of State — 2018-12-11

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: S.I. 2005/1089, as amended by S.I. 2011/1043.

[^f00003]: OJ L 138 30.4.2004, p. 1.

[^f00004]: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community.

[^f00005]: Substituted by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 (OJ L 311, 21.11.2008, p. 1.), Annex, para.9.12(1).

[^f00006]: Substituted by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 (OJ L 311, 21.11.2008, p. 1.), Annex, para.9.12(2).

[^f00007]: Amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 (OJ L 311, 21.11.2008, p. 1.), Annex, para.9.12(3).

Editorial notes

[^c23492471]: 2018 c. 16.

[^c23492481]: S.I. 2005/1089, as amended by S.I. 2011/1043.

[^c23492491]: OJ L 138 30.4.2004, p. 1.

[^c23492501]: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community.

[^key-850b7c31dc2d4bddfb1b97d6c4f21cda]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-102cd167b5dbbbfc9553e502ef619334]: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-e3c733cde0b486e74869fb7de5688ade]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-f6fd901f1ee8bf80f55e149e0e8f0fd0]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-fcfa01ab2c34ae88ffbccfa4179bde16]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-682487e7d24469d648be206682fc3487]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-74675b6bf7510c58f1766c7fc939781a]: Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-dfddbb2b8ebb962261ddb48d4a6867e5]: Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-65b1d4f62354ea622183821dd15efb05]: Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-4bc5c675f47466e1d826ad75b0ba78f0]: Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-061a462ecec815e341de26c441059691]: Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-c97b9f66c6d21a50b134b3a3e90257e9]: Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-c35083d11a65466253b466dedbdeb2bf]: Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-df2d3c00eeec5b94586fb7358135f52d]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-33ff9390a9aae1a572a8dc61bfff9ecf]: Reg. 9(c) substituted (31.12.2020 immediately before IP completion day) by The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/692), regs. 1, 2(2)

[^key-6970aa3d8747d27b29f55725bb6dd6fd]: Reg. 10(b) substituted (31.12.2020 immediately before IP completion day) by The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/692), regs. 1, 2(3)

[^key-ce7a38dc26c39224dd3189b52d5a62f3]: Reg. 11 substituted (31.12.2020 immediately before IP completion day) by The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/692), regs. 1, 2(4)