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“6. The sums mentioned in terms of the Special Drawing Right in this Article shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of the sums into national currencies shall, in case of judicial proceedings, be made according to the value of such currencies in terms of the Special Drawing Right at the date of the judgment. The value of a national currency, in terms of the Special Drawing Right, of a High Contracting Party which is a Member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund, in effect at the date of the judgment for its operations and transactions. The value of a national currency, in terms of the Special Drawing Right, of a High Contracting Party which is not a Member of the International Monetary Fund, shall be calculated in a manner determined by that High Contracting Party.

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Nevertheless, those States which are not Members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 2 (b) of Article 22 may, at the time of ratification or accession or at any time thereafter, declare that the limit of liability of the carrier in judicial proceedings in their territories is fixed at a sum of two hundred and fifty monetary units per kilogramme. This monetary unit corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. This sum may be converted into the national currency concerned in round figures. The conversion of this sum into the national currency shall be made according to the law of the State concerned.”

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Article VIII Article 24 of the Convention shall be deleted and replaced by the following: “Article 24 1. In the carriage of passengers and baggage, any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention, without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights.

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2.In the carriage of cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and limits of liability set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. Such limits of liability constitute maximum limits and may not be exceeded whatever the circumstances which gave rise to the liability.”
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Article IX Article 25 of the Convention shall be deleted and replaced by the following: “Article 25 In the carriage of passengers and baggage, the limits of liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment.”

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Article X In Article 25A of the Convention— paragraph 3 shall be deleted and replaced by the following: “3. In the carriage of passengers and baggage, the provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.”

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Article XI After Article 30 of the Convention, the following Article shall be inserted: “Article 30A Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.”

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Article XII Article 33 of the Convention shall be deleted and replaced by the following: “Article 33 Except as provided in paragraph 3 of Article 5, nothing in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage or from making regulations which do not conflict with the provisions of this Convention.”

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Article XIII Article 34 of the Convention shall be deleted and replaced by the following: “Article 34 The provisions of Articles 3 to 8 inclusive relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business.”

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Chapter II   Scope of Application of the Convention as Amended

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Article XIV The Warsaw Convention as amended at The Hague in 1955 and by this Protocol shall apply to international carriage as defined in Article 1 of the Convention, provided that the places of departure and destination referred to in that Article are situated either in the territories of two Parties to this Protocol or within the territory of a single Party to this Protocol with an agreed stopping place in the territory of another State.

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Chapter III   Final Clauses

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Article XV As between the Parties to this Protocol, the Warsaw Convention as amended at The Hague in 1955 and this Protocol shall be read and interpreted together as one single instrument and shall be known as the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.

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Article XVI Until the date on which this Protocol comes into force in accordance with the provisions of Article XVIII, it shall remain open for signature by any State.

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Article XVII 1. This Protocol shall be subject to ratification by the signatory States.

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2.Ratification of this Protocol by any State which is not a Party to the Warsaw Convention or by any State which is not a Party to the Warsaw Convention as amended at The Hague, 1955, shall have the effect of accession to the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.
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3.The instruments of ratification shall be deposited with the Government of the Polish People's Republic.
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Article XVIII 1. As soon as thirty signatory States have deposited their instruments of ratification of this Protocol, it shall come into force between them on the ninetieth day after the deposit of the thirtieth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification.

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2.As soon as this Protocol comes into force it shall be registered with the United Nations by the Government of the Polish People's Republic.
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Article XIX 1. This Protocol, after it has come into force, shall be open for accession by any non-signatory State.

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2.Accession to this Protocol by any State which is not a Party to the Warsaw Convention or by any State which is not a Party to the Warsaw Convention as amended at The Hague, 1955, shall have the effect of accession to the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.
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3.Accession shall be effected by the deposit of an instrument of accession with the Government of the Polish People's Republic and shall take effect on the ninetieth day after the deposit.
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Article XX 1. Any Party to this Protocol may denounce the Protocol by notification addressed to the Government of the Polish People's Republic.

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2.Denunciation shall take effect six months after the date of receipt by the Government of the Polish People's Republic of the notification of denunciation.
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3.As between the Parties to this Protocol, denunciation by any of them of the Warsaw Convention in accordance with Article 39 thereof or of The Hague Protocol in accordance with Article XXIV thereof shall not be construed in any way as a denunciation of the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.
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Article XXI 1. Only the following reservations may be made to this Protocol: (a) a State may at any time declare by a notification addressed to the Government of the Polish People's Republic that the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975, shall not apply to the carriage of persons, baggage and cargo for its military authorities on aircraft, registered in that State, the whole capacity of which has been reserved by or on behalf of such authorities; and (b) any State may declare at the time of ratification of or accession to the Additional Protocol No. 3 of Montreal, 1975, or at any time thereafter, that it is not bound by the provisions of the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975, in so far as they relate to the carriage of passengers and baggage. Such declaration shall have effect ninety days after the date of receipt of the declaration by the Government of the Polish People's Republic.

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2.Any State having made a reservation in accordance with the preceding paragraph may at any time withdraw such reservation by notification to the Government of the Polish People's Republic.
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Article XXII The Government of the Polish People's Republic shall promptly inform all States Parties to the Warsaw Convention or to that Convention as amended, all signatory or acceding States to the present Protocol, as well as the International Civil Aviation Organisation, of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of coming into force of this Protocol, and other relevant information.

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Article XXIII As between the Parties to this Protocol which are also Parties to the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18th September 1961 (hereinafter referred to as the “Guadalajara Convention”) any reference to the “Warsaw Convention” contained in the Guadalajara Convention shall include reference to the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975, in cases where the carriage under the agreement referred to in Article I, paragraph (b) of the Guadalajara Convention is governed by this Protocol.

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Article XXIV If two or more States are Parties both to this Protocol and to the Guatemala City Protocol, 1971, or to the Additional Protocol No. 3 of Montreal, 1975, the following rules shall apply between them: (a) the provisions resulting from the systems established by this Protocol concerning cargo and postal items, shall prevail over the provisions resulting from the system established by the Guatemala City Protocol, 1971, or by the Additional Protocol No. 3 of Montreal, 1975, (b) the provisions resulting from the system established by the Guatemala City Protocol, 1971, or by the Additional Protocol No. 3 of Montreal, 1975, concerning passengers and baggage, shall prevail over the provisions resulting from the system established by this Protocol.

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Article XXV This Protocol shall remain open for signature until 1st January 1976 at the Headquarters of the International Civil Aviation Organisation and thereafter until it comes into force in accordance with Article XVIII at the Ministry for Foreign Affairs of the Polish People's Republic. The International Civil Aviation Organisation shall promptly inform the Government of the Polish People's Republic of any signature and the date thereof during the time that the Protocol shall be open for signature at the Headquarters of the International Civil Aviation Organisation.

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In Witness Whereof the undersigned Plenipotentiaries, having been duly authorised, have signed this Protocol.

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Done At Montreal on the twenty-fifth day of September of the year One Thousand Nine Hundred and Seventy-five in four authentic texts in the English, French, Russian and Spanish languages. In the case of any inconsistency, the text in the French language, in which language the Warsaw Convention of 12th October 1929 was drawn up, shall prevail. (Here follow signatures on behalf of certain States.) SECOND SCHEDULE Repeals

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Section 53

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.

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Number and Year Short Title Extent of Repeal No. 40 of 1936.

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Air Navigation and Transport Act, 1936 .

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In section 2

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(1)— the definition of the expression “the Paris Convention”; the definition of the expression “the Rome Convention”; the definition of the expression “the Company”; the definition of the expression “the subsidiary company”; the definition of the word “prescribed” where that definition first appears; the words “(except in
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Part II

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of this Act)” in the definition of the word “prescribed” where that definition last appears.

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In section 5

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(4), the words “triable summarily and prescribe the punishments which may be inflicted by courts of summary jurisdiction on persons convicted by such courts of any such offence, but so that no such punishment shall exceed imprisonment for a term of six months or a fine of two hundred pounds or both such imprisonment and fine”.
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In section 6 , the words “(except Part II thereof)”.

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Part II

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.

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Chapters II and III of

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Part IV

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.

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In section 39

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(2), the words “and shall be liable on summary conviction thereof to a fine not exceeding ten pounds”.
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In section 56 (1) , the words “and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds or, at the discretion of the Court, either to imprisonment for any term not exceeding six months or to both such fine and imprisonment”.

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In section 60 (4) , the words “and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, imprisonment for a term not exceeding three months”.

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Section 63

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.

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Section 64

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.

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Section 65

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.

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In section 66

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(3), the words “and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and in the case of a continuing offence a further fine not exceeding five pounds for each day during which the offence is continued”.
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No. 23 of 1946.

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Air Navigation and Transport Act, 1946 .

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In section 13

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(3), the words “and shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or, at the discretion of the Court, to both such imprisonment and fine”.
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Section 16

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.

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Section 28

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.

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No. 4 of 1950.

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Air Navigation and Transport Act, 1950 .

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Section 3

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.

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In section 13 (1) (c) and (2) (b), the words “and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds”.

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In section 14 (7) (a), the words “and shall be liable on summary conviction to a fine not exceeding fifty pounds”.

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In section 16 (6) , the words “and shall be liable on summary conviction thereof to a fine not exceeding five pounds”.

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In section 17 (2) , the words “and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding one month”.

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Section 19

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.

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In section 21 , the words “and shall be liable on summary conviction to a fine not exceeding one thousand pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months”.

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No. 29 of 1958.

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Customs-free Airport (Amendment) Act, 1958 .

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Section 11

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.

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No. 25 of 1961.

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Air Navigation and Transport Act, 1961 .

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Sections 3 (3) , 5 and 6 .

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No. 15 of 1963.

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Air Navigation (Eurocontrol) Act, 1963 .

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Section 9

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.

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No. 6 of 1965.

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Air Navigation and Transport Act, 1965 .

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Section 13

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.

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No. 29 of 1973.

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Air Navigation and Transport Act, 1973 .

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In section 15 , the words “and shall be liable on summary conviction to a fine not exceeding one hundred pounds”.

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No. 9 of 1975.

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Air Navigation and Transport Act, 1975 .

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In section 4

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(7), the words “and shall be liable on summary conviction to a fine not exceeding £100”.
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No. 38 of 1983.

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Air Navigation (Eurocontrol) Act, 1983 .

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Section 11

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.

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No. 18 of 1986.

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Air Navigation and Transport (Preinspection) Act, 1986 .

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Section 8

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.

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