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

S.I. 2018/1363 · Made 11 December 2018 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Civil Aviation

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 M1.

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.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. Part
  2. Part 1: Preliminary
  3. 1Citation and commencement
  4. Part 2: Amendment of subordinate legislation
  5. 2Amendment of the Civil Aviation (Insurance) Regulations 2005
  6. Part 3: Amendment of EU Regulation
  7. 3Amendment of Regulation (EC) No 785/2004
  8. 4Regulation 4
  9. 5Regulation 5
  10. 6Regulation 6
  11. 7Regulation 7
  12. 8Regulation 8
  13. 9Regulation 9
  14. 10Regulation 10
  15. 11Regulation 11
  16. 12Regulation 12
  17. 13Regulation 13
  18. 14Regulation 14
  19. Signature
  20. Explanatory note

1Citation and commencementI1

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

2Amendment of the Civil Aviation (Insurance) Regulations 2005I1

(1)

The Civil Aviation (Insurance) Regulations 2005 M1 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).

3Amendment of Regulation (EC) No 785/2004I1

Regulation (EC) No 785/2004 of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators M1 is amended as follows.

4I1

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 ”.

5I1

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.

6I1

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 M1;

(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;”.

7I1

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 ”.

8I1

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. ”.

9I1

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 ”;

F1(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”.

10I1

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 ”;

F1(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”.

11F1I1

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

12I1

Before Article 10 insert—

“Article 9A (regulations made by the Secretary of State under this Regulation)

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.”.

13I1

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 ”.

14I1

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

Signature

Signed by authority of the Secretary of State for Transport.

Sugg

Parliamentary Under Secretary of State

Department for Transport

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8 of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations amend Regulation (EC) 785/2004 (“the Regulation”) and the Civil Aviation (Insurance) Regulations 2005 (S.I. 2005/1089) (“the 2005 Regulations”). The Regulation prescribes minimum insurance requirements for air carriers and aircraft operators in respect of passengers, baggage, cargo and third parties. The 2005 Regulations make provision for the monitoring of compliance with, and enforcement of, the Regulation in the United Kingdom.

Part 2 (regulation 2) amends the 2005 Regulations to ensure that they operate effectively as part of retained EU law by addressing deficiencies falling within section 8(2)(a) of the 2018 Act. For example, the amendments remove the reference to Article 8 of the Regulation as this is redundant.

Part 3 (regulations 3 to 14) amends the Regulation to ensure that it operates effectively as part of retained EU law by addressing deficiencies falling within section 8(2)(a) and (b) of the 2018 Act. For example, these Regulations remove redundant references to EU entities or concepts (e.g. Member States, the Community or Commission).

Regulation 6 amends the definition provisions in Article 3 of the Regulation. Regulations 8, 9 and 10 amend Articles 5 to 7 of the Regulation to (amongst other things) ensure the continued availability of necessary legislative powers by replacing legislative powers conferred on the Commission (e.g. in Article 5(5)) or Member States (e.g. in Article 6(1)) with powers to make regulations conferred on the Secretary of State. Regulation 12 inserts new Article 9A into the Regulation which has the effect that the power of the Secretary of State to make regulations in Articles 5(5), 6(1), 6(5) and 7(2) is subject to the affirmative resolution procedure (the Regulation previously conferred these legislative powers on an EU entity or public authority in a Member State).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum has been published alongside these Regulations and is available with these Regulations on www.legislation.gov.uk.