The Airports (Groundhandling) Regulations 1997

Civil liability

26.—(1) The obligation on the managing body of an airport to comply with—

(a) regulation 8(b) is a duty owed to airport users;

(b) regulations 8(a) and 17(4) is a duty owed to suppliers of groundhandling services and airport users.

(2) The obligation on the Secretary of State, the CAA and the managing body of an airport to comply with regulation 10(10) is a duty owed to airport users.

(3) The obligation on the person for whom the management of a centralised infrastructure has been reserved pursuant to regulation 14(1) to comply with regulation 14(3) is a duty owed to suppliers of groundhandling services and airport users.

(4) The obligation on the CAA to comply with regulation 11(4) is a duty owed to airport users.

(5) The obligation on a supplier of groundhandling services or an airport user in relation to whom a determination has been made pursuant to regulation 15(1) to comply with regulation 15(3) is a duty owed to suppliers of groundhandling services and airport users.

(6) The obligation on the person to whom a direction is given pursuant to paragraph 8 of Part I of Schedule 2 to these Regulations to comply with that direction is a duty owed to suppliers of groundhandling services and airport users.

(7) A breach of the duty owed pursuant to paragraph (1), (2), (3), (4), (5) or (6) above shall not be a criminal offence but any breach of the duty shall be actionable by any such supplier or, as the case may be, airport user who, in consequence, suffers, or risks suffering, loss or damage.

(8) Proceedings under this regulation may not be brought unless—

(a) the airport user or, as the case may be, the supplier bringing the proceedings has informed the person with the obligation of the breach or apprehended breach of the duty owed to him pursuant to paragraph (1), (2), (3), (4), (5) or (6) above and of his intention to bring proceedings under this regulation in respect of it; and

(b) they are brought promptly and in any event within 3 months from the date when grounds for the bringing of the proceedings first arose unless the Court considers that there is good reason for extending the period within which proceedings may be brought.

(9) Notwithstanding sections 21 and 42 of the Crown Proceedings Act 1947(1), in proceedings brought under this regulation against the Crown the Court shall have power to grant an injunction or interdict.

(1)

1947 c. 44; the Crown Proceedings Act 1947 was extended to Northern Ireland in relation to Her Majesty’s Government in the United Kingdom and in Northern Ireland by and with the additions, exceptions and modifications set out in the Crown Proceedings (Northern Ireland) Order 1981 (S.I. 1981/233, to which there is an amendment not relevant to these Regulations).