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1964. AIR NAVIGATION AND TRANSPORT ACT, 1936 (NON-INTERNATIONAL CARRIAGE) ORDER, 1964 The Government, in exercise
the powers conferred on them by section 5
the Air Navigation and Transport Act, 1936 (No. 40
1936), and by section 20
that Act as amended by section 8
the Air Navigation and Transport Act, 1959 (No. 1
1959), hereby order as follows :
February,
1937), applies to this Order. 4. In this Order " the Act " means the Air Navigation and Transport Act, 1936 (No. 40
1936). 5. The First Schedule to the Act (which sets out the provisions
the Warsaw Convention), as amended by Section 5
the Air Navigation and Transport Act, 1959 (No. 1
1959), and by the Schedule to that Act (which said Schedule sets out the provisions
the 1955 Protocol to the Warsaw Convention), shall apply to all carriage by air not being international carriage by air as defined in that Schedule, subject to the following modifications rendered necessary by the fact that the said Convention and the said Protocol in their terms refer to international carriage only— (a) references in the said Convention to the Court shall be read as references to a Court
competent jurisdiction ; (b) references in the said Convention to the law
the Court shall be read as references to the law
the State ; (c) the reference in paragraph
the said Convention to international carriage shall be read as reference to carriage to which the said First Schedule is hereby applied ; (d) in paragraph
the said Convention the words from " and it does not lose its international character " to the end
the paragraph shall be omitted ; (e) in subparagraph (c)
paragraph
, sub-paragraph (c)
paragraph
and paragraph (c)
the said Convention, " if the passenger's journey involves an ultimate destination or stop in a country other than the country
departure, shall be omitted ; (f) subparagraph (b)
paragraph
, subparagraph (b)
paragraph
and paragraph (b)
the said Convention shall be omitted ; (g) for the purposes
(inserted by Article XI
the said Protocol)
the said Convention, any sum in francs shall, for the purposes
an action against the carrier, be converted into the currency
the State at the rate
exchange prevailing on the date on which the amount
any damages to be paid by the carrier is ascertained by a court
competent jurisdiction ; (h) in Article 32
the said Convention, " if the arbitration is to take place within one
the jurisdictions referred to in the first paragraph
" shall be omitted ; (i) paragraph 2
, Article 28 and Articles 36 to 41
the said Convention shall be omitted ; (j) in Article XVIII
the said Protocol the reference to international carriage shall be read as reference to carriage to which the said First Schedule to the Act is hereby applied ; (k) in Article XIX
the said Protocol " As between the Parties to this Protocol ", shall be omitted ; (l) Articles XX to XXVII
the said Protocol shall be omitted. 6. Subsections
section 17, and section 18 (inserted by section 55
the Civil Liability Act, 1961 (No. 41
1961) ),
the Act shall apply to all carriage by air to which the said First Schedule to the Act is hereby applied. 7. The Air Navigation and Transport Act, 1936 (Non-International Carriage) Order, 1956 ( S.I. No. 110
1956 ), is hereby revoked. GIVEN under the
ficial Seal
the Government, this 24th day
November, 1964. SEÁN F. LEMASS, Taoiseach. EXPLANATORY NOTE The Warsaw Convention
1929 as amended by the Hague Protocol
1955 is applied by this Order to non-international carriage by air in the State. The Order also revokes the 1956 Non-International Carriage Order, which applied the unamended Warsaw Convention to domestic carriage by air in the State. The Warsaw Convention deals with the liability
an air carrier in the event
the death or injury
a passenger or the damage
goods during carriage by air. The Hague Protocol amended the Convention in certain respects, including a doubling to £6,000 per passenger
the limit on an air carrier's liability. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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