New Clause 1 - Responsibility of airlines for health, welfare and well-being of passengers
Civil Aviation Bill
‘After section 84 of the Civil Aviation Act 1982 (c. 16) insert—
“84AResponsibility for health, welfare and well-being of passengers
(1)It shall be the responsibility of airlines to which this section applies, so far as is reasonably practicable, to protect and promote the health, welfare and well-being of their passengers.
(2)The general responsibility to protect and promote the health, welfare and well-being of passengers includes particular responsibilities—
(a)to seek to prevent the occurrence or unnecessary aggravation of any injury, illness or disease;
(b)for the mental and psychological health, welfare and well-being of passengers;
(c)for the provision and maintenance of equipment that is, so far as is reasonably practicable, safe and without risks to the health, welfare and well-being of passengers;
(d)for the provision of such information, instruction. training and supervision to staff as is necessary to protect and promote the health, welfare and well-being of passengers; and
(e)for the provision of such information and instruction to passengers as is necessary to protect and promote their health, welfare and well being.
84BResponsibility for health, welfare and well-being of passengers: supplementary
(1)Subject to the provision of subsection (2) section 84A applies to—
(a)all carriers to whom the Warsaw Convention as amended at The Hague, 1955 (hereafter “the Convention”) applies by virtue of Schedule 1 to the Carriage by Air Act 1961 (hereafter “the 1961 Act”); and
(b)all carriers to whom Schedule 1 to the 1961 Act applied by virtue of an Order in Council made under section 10 of that Act (application to carriage by air not governed by Convention).
(2)Section 84A shall not apply to the carriage of members of the armed forces where—
(a)that carriage takes place in pursuance of a duty or a commitment as a member of the armed forces, and
(b)the whole capacity of the aircraft has been reserved for such carriage.
(3)In this section “members of the armed forces” means all persons within the meanings of the “regular services” or of the “reserve forces” given in section 127 of the Reserve Forces Act 1996 (c.14) (interpretation).
84CResponsibility for health, welfare and well-being of passengers: liability
Where an airline to which section 84A has negligently failed to comply with the responsibility specified the airline shall be liable in respect of damages arising from such negligent failure.
84DResponsibility for health, welfare and well-being of passengers: amendments of the Carriage by Air Act 1961
(1)The 1961 Act shall be amended as follows.
(2)After section 1(1A) (Convention to have force of law), there shall be inserted—
“(1B)Where the provisions of the Convention conflict with the provisions of the Aviation Health Act 2003, the provisions of the Convention shall not have the force of law.
(3)In section 4(1) (limitation of liability), after the word “enforced”, there shall be inserted “other than proceedings in respect of a liability under section 4 of the Aviation Health Act 2003.”.’.—[John Smith.]