The Civil Aviation (Provision of Information to Passengers) Regulations 2006

Made: 12th December 2006

Laid before Parliament: 14th December 2006

Coming into force: 16th January 2007

The Secretary of State for Transport is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to air transport.

Accordingly, the Secretary of State makes the following Regulations in exercise of the powers conferred upon him by that section.

Citation and commencement

1

These Regulations may be cited as the Civil Aviation (Provision of Information to Passengers) Regulations 2006 and shall come into force on 16th January 2007.

Interpretation

2

• (1) In these Regulations—

• “air carrier” has the meaning given in paragraph (a) of Article 2 of the council regulation;

• “air carriage contractor” has the meaning given in paragraph (c) of Article 2 of the council regulation;

• “council regulation” means Regulation (EC) No. 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC;

• “ticket seller” has the meaning given in paragraph (d) of Article 2 of the council regulation; and

• “tour operator” means an organiser (other than any air carrier) within the meaning given by paragraph (8) of Article 3 of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

• (2) In these Regulations, a reference to an Article is a reference to that Article in the council regulation.

• (3) Other terms used in these Regulations shall be construed consistently with equivalent terms defined or used in the council regulation.

Offences

3

• (1) An air carriage contractor who fails to comply with an obligation imposed on him by—

• (a) any of paragraphs 1, 2, 3 or 6 of Article 11; or

• (b) paragraph 2 of Article 12,

shall be guilty of an offence.

• (2) An air carrier who fails to comply with an obligation imposed on him by paragraph 4 of Article 11 shall be guilty of an offence.

• (3) A tour operator who fails to comply with an obligation imposed on him by paragraph 4 of Article 11 shall be guilty of an offence.

• (4) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding—

• (a) in the case of a failure to comply with any of paragraphs 1, 2, 3, 4 or 6 of Article 11, level 3 on the standard scale; and

• (b) in the case of a failure to comply with paragraph 2 of Article 12, level 5 on the standard scale.

Defence

4

• (1) Subject to paragraph (2), in proceedings against any person for an offence under regulation 3, it shall be a defence for that person to demonstrate that he took all reasonable steps to avoid committing the offence.

• (2) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied to him, unless he demonstrates that it was reasonable in all the circumstances to have relied on that information.

• (3) In proceedings against any ticket seller for an offence under regulation 3, it shall also be a defence for that ticket seller to demonstrate that paragraph 5 of Article 11 applies.

Bodies corporate

5

• (1) Where an offence under regulation 3 has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any—

• (a) director;

• (b) manager;

• (c) secretary;

• (d) other similar officer of the body corporate; or

• (e) any person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, regulation 3 shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

• (3) Where a limited partnership is guilty of an offence under regulation 3 and that offence is proved to have been committed with the consent or the connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Signed

Signed by authority of the Secretary of State

G. Merron — Parliamentary Under Secretary of State — 2006-12-12

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 1993/2661.

[^f00002]: 1972 c. 68.

[^f00003]: O.J. No. L 344, 27.12.2005, p.15.

[^f00004]: O.J. No. L 158, 23.06.1990, p.59.

Editorial notes

[^c17633701]: S.I. 1993/2661.

[^c17633711]: 1972 c. 68.

[^c17633721]: O.J. No. L 344, 27.12.2005, p.15.

[^key-8cc4f12055136ff1e3746afe080da1ad]: Words in reg. 2(1) substituted (1.7.2018) by The Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634), regs. 1(2), 38(10) (with regs. 3, 38(15))