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Air Departure Tax (Scotland) Act 2017

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7Changes of circumstance beyond passengers’ control

Explanatory NotesShow EN

(1)A passenger is a non-chargeable passenger in relation to a flight if, but for a change of circumstances beyond the passenger’s control, the passenger would be a non-chargeable passenger in relation to the flight under any of sections 3 to 6 or regulations made under section 15.

(2)Subsection (1) applies only if—

(a)the passenger has a ticket for the flight, and

(b)the change of circumstances arises after the ticket is issued or last amended.

(3)A passenger is a non-chargeable passenger in relation to a flight (“flight F”) if—

(a)the passenger is carried on flight F—

(i)because of a change of circumstances beyond the passenger’s control, but

(ii)in the course of travel that is covered by an agreement for carriage,

(b)the passenger has a ticket for every flight that is covered by the same agreement for carriage, and

(c)the departure airport, date and time, and the arrival airport, for flight F are not shown on the ticket when the ticket is issued or last amended.

(4)A change of circumstances is to be regarded as beyond a passenger’s control if it is not attributable to an act or omission of the passenger.

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