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Section 5 Time for bringing proceedings.C3E1C1C2

England, Wales and Northern Ireland

(1)

No action against a carrier’s servant or agent which arises out of damage to which F1any of the Carriage by Air Conventions appliesshall, 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 ConventionsrelatesF5but 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.

Annotations

Textual amendments

F1

Words 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))

F2

Words 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))

F3

Words 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)

F4

Words 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))

F5

Words repealed (E.W.) with saving by Limitation Act 1963 (c. 47), ss. 4(4)(5), 10(5) and repealed and superseded (N.I.) by Limitation Act (Northern Ireland) 1946 (c. 1), s. 4(4)(b)

F6

Words 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))

F7

Words 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

F8

Words 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

F9

S. 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))

Modifications

C1

S. 5 applied (with modifications) (6.8.2004) by The Carriage by Air Acts (Application of Provisions) Order 2004 (S.I. 2004/1899), arts. 1(2), 5(1)(3), Sch. 2 (with arts. 1(3), 3)

C2

S. 5 applied (with modifications) (6.8.2004) by The Carriage by Air Acts (Application of Provisions) Order 2004 (S.I. 2004/1899), arts. 1(2), 6(1)(3), Sch. 3 (with arts. 1(3), 3)

C3

S. 5 amended by Carriage by Air (Supplementary Provisions) Act 1962 (c. 43, SIF 9), s. 3(2)

Extent

E1

This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only