(This note is not part of the Regulations)
These Regulations make further provision for implementing Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5th July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air through a civil enforcement regime. The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007 (S.I. 2007/1895) which formerly implemented the EC Regulation are revoked. The criminal offences provided for by the 2007 Regulations are now replaced by a new enforcement regime.
The new enforcement regime provides for—
1. power for the courts to make an enforcement order or an interim enforcement order on application of the Civil Aviation Authority (CAA): regulations 11 and 12;
2. power for the CAA to accept an undertaking instead of seeking an enforcement order: regulation 13;
3. further proceedings to be taken by the CAA following breach of an undertaking, enforcement order or an interim enforcement order: regulation 14; and
4. power for the CAA to seek information for the purpose of ascertaining whether there is an infringement of the Articles or whether a person has complied with an order: regulation 16.
The ability to award damages for injury to feelings as part of a compensatory award is limited to cases where such damages are allowable under the UK's international treaty obligations (including in particular articles 17 and 29 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air which was made on 28th May 1999): regulation 24.
An impact assessment of the effect that the instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. A copy has also been placed in the library of each House of Parliament.
OJ L No. 204, 26.7.06, p1.