# The Carriage by Air Acts (Application of Provisions) (Overseas Territories) Order 1967, Note: Explanatory note


1 This Order, made under sections 9 and 10 of the Carriage by Air Act 1961 and section 5 of the Carriage by Air (Supplementary Provisions) Act 1962, applies by Article 4 and schedule 2 the principles of the Warsaw Convention as amended by the Hague Protocol and of the Guadalajara Convention to carriage of mail and to non-international carriage within the meaning of those Conventions, to which those Conventions do not themselves apply. The Order also applies the Acts of 1961 and 1962, subject to certain modifications and adaptations, to carriage by air to which the Order applies. ( Article 7 and schedule 1.) Under this Order the carrier will be liable for loss of or damage to cargo (including mail) and for injury or death caused to passengers unless he proves that he took due care; and his liability will be limited in the absence of wilful misconduct. The limit of liability in respect of passengers in non-international carriage will be approximately £21,000 instead of approximately £3,000 under the Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) Order 1953 which, together with its amending Orders, is revoked by this Order.
2 The Order makes exceptions, modifications and adaptations in applying the Conventions, notably omitting the requirements of documentation and the restriction of the courts in which actions may be brought.
3 The Order also makes transitional provision, by Article 5 and schedules 3 and 4, for carriage still governed by the unamended Warsaw Convention , to which the United Kingdom remains a party, and which limits liability in respect of passengers to approximately £3,000, in the absence of wilful misconduct, unless the carrier has contracted for a higher figure.
4 The Order provides that the Acts of 1961 and 1962, and the Order itself, are to apply to gratuitous carriage by the Crown as they apply to carriage by the Crown for reward, except that the Crown may limit its liability although a passenger ticket has not been issued ( Article 8).
5 The provisions of the Order apply to the territories mentioned in schedule 5.
6 The Order empowers the Governor of such a territory to grant exemptions from any of its provisions in relation to that territory (Article 6).

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Source: https://www.legislation.gov.uk/uksi/1967/810/note (the official version)
Page: https://openlegislation.uk/carriage-by-air-acts-application-of-provisions-overseas-territories-order-1967/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.