In these Regulations—

• “the 1933 Act” means the Foreign Judgments (Reciprocal Enforcement) Act 19332;

• “the 1976 Act” means the Fatal Accidents Act 19763;

• “the committees” means any of the following—

  1. a

     the Revision Committee as described in Article 17;

  2. b

     the RID Expert Committee as described in Article 18; and

  3. c

     the Committee of Technical Experts as described in Article 20;

• “the Convention” means the version of the “Convention concerning International Carriage by Rail (COTIF4) of 9th May 1980” as set out after Article 7 of the Protocol and forming an integral part of the Protocol and comprising—

  1. a

     the Convention itself;

  2. b

     the Protocol on the Privileges and Immunities of the Intergovernmental Organisation for International Carriage by Rail referred to in paragraph 4 of Article 1; and

  3. c

     Appendices A to G to the Convention, including the Annexes to Appendices C and F;

  as modified in accordance with its provisions from time to time by a decision of one of the committees under paragraph 4, 5 or 6 of Article 33, as the case may be, whether such modification occurs before or after the coming into force of these Regulations; and

• “the Protocol” means the Protocol signed at Vilnius on 3rd June 19995 to modify the “Convention concerning International Carriage by Rail (COTIF) of 9th May 1980”6.

The Convention shall have the force of law in the United Kingdom, and judicial notice shall be taken of it.

For the avoidance of doubt any question arising as to whether the Convention applies in the circumstances of a particular case falls to be determined in accordance with the provisions of paragraph 2 of Article 3.

Nothing in paragraph (1)(a) affects the right of any person to claim damages for bereavement under section 1A of the 1976 Act7.

Section 4 of the 1976 Act (exclusion of certain benefits in assessment of damages) shall apply in relation to an action brought by any person under the Convention as it applies in relation to an action under that Act.

Where separate proceedings are brought under the Convention and under the 1976 Act in respect of the death of a passenger, a court, in awarding damages under that Act, shall take into account any damages awarded in the proceedings brought under the Convention and shall have jurisdiction to make any part of its award conditional on the result of those proceedings.

In the application of this regulation to Northern Ireland references to the 1976 Act and to sections 1A, 2(3) and 4 of that Act shall be construed as references to the Fatal Accidents (Northern Ireland) Order 19778 and Articles 3A, 4(3) and 6 of that Order.

The provisions of Schedule 1 to these Regulations shall, as respects Scotland, have effect in lieu of paragraphs (1) to (5).

A court before which proceedings are brought to enforce a liability which is limited by any of the provisions of the Convention may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of those provisions and of any other proceedings which have been, or are likely to be, commenced in the United Kingdom or elsewhere to enforce the liability in whole or in part.

Without prejudice to paragraph (1), a court before which proceedings are brought to enforce a liability which is so limited shall, where the liability is or may be partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.

The special drawing rights by reference to which any liability is limited by the Convention shall, in the case of judicial proceedings or an arbitration in the United Kingdom, be converted into their sterling equivalent on the day of the judgment or award or on such day as may be agreed between the parties to the judicial proceedings or arbitration.

In the application of Part I of the 1933 Act in relation to any such judgment section 4 of that Act shall have effect with the omission of subsections (2) and (3).

The registration, in accordance with Part I of the 1933 Act, of any such judgment shall constitute compliance with the required formalities referred to in paragraph 1 of Article 12.

Schedule 2 (repeals and revocations) shall have effect.

Schedule 3 (consequential amendments) shall have effect.

Nothing in regulation 3 affects any rights or liabilities arising out of an occurrence before its coming into force and paragraphs (1) and (2) above do not affect any enactment in its application to any such rights or liabilities.