# The Carriage by Air Acts (Application of Provisions) Order 2001, Part I—: APPLICATION OF THE MONTREAL CONVENTION


The Montreal Convention as set out in Schedule 1B to the 1961 Act shall apply in respect of carriage described in article 4 of this Order subject to the following exceptions, adaptations and modifications—
(1) For “Convention” wherever it appears, there shall be substituted “Schedule”.
(2) In Article 1.1 the word “international” shall be omitted,
(3) Article 1.2 and 1.3 shall not apply.
(4) Save for Article 3.3 and 3.5 Chapter II shall not apply.
(5) In Article 22.4 for “or, if they were not issued, by the same record preserved by the other means referred to in paragraph 2 of Article 4,” substitute “or any alternative record,”.
(6) In Article 23.1 the second and third sentences shall be omitted.
(7) For Article 23.2 the following shall be substituted—
“The value on a particular day of one Special Drawing Right shall be treated as equal to such a sum in sterling as the International Monetary Fund has fixed as being the equivalent of one Special Drawing Right—
(a) for that day; or
(b) if no sum has been fixed for that day, for the last day before that day for which a sum has been so fixed.”.
(8) For Article 23.3 the following shall be substituted—
“A certificate given by or on behalf of the Treasury stating—
(a) that a particular sum in sterling has been fixed by the International Monetary Fund as referred to in paragraph 2 for a particular day; or
(b) that no sum has been fixed for a particular day and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the particular day,
shall be conclusive evidence of those matters for the purposes of this article; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.”.
(9) Article 24 shall be omitted.
(10) Article 31.1 the words from “and” to the end shall be omitted.
(11) Article 33 shall not apply.
(12) Article 34.2 shall not apply.
(13) In Article 36.1 the words from “and” where it first occurs to “Article 1” shall be omitted.
(14) In Article 42 the second sentence shall not apply.
(15) In Article 45 the second sentence shall not apply.
(16) Article 46 shall not apply.
(17) In Article 49 the words from “whether” to “jurisdiction” shall be omitted.
(18) Articles 50 and 51 shall not apply.
(19) Articles 53 to 57 shall not apply.

---
Source: https://www.legislation.gov.uk/ukdsi/2001/0110388682/schedule/1/part/I (the official version)
Page: https://openlegislation.uk/draft-carriage-by-air-acts-application-of-provisions-order-2001/schedule-1/part-I
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.