CIVIL AVIATION Citation and commencement 1 This Order may be cited as the Carriage by Air Acts (Application of Provisions) (Overseas Territories) Order 1967 and shall come into operation on 1st June 1967. Interpretation 2 1 In this Order, unless the context otherwise requires— “ The Act of 1961 ” means the Carriage by Air Act 1961; “ The Act of 1962 ” means the Carriage by Air (Supplementary Provisions) Act 1962; “ The amended Convention ” means the English text of the Warsaw Convention with the amendments made to it by the Hague Protocol, as set out in the First Schedule to the Act of 1961, and includes the Additional Protocol to the Warsaw Convention as set out at the end of that Schedule; “ Governor of an Overseas Territory ” means the officer for the time being administering the government of that territory; “ The Guadalajara Convention ” means the English text of the Convention, supplementary to the Warsaw Convention, for the Unification of Certain Rules relating to International Carriage by Air performed by a Person other than the Contracting Carrier, as set out in the Schedule to the Act of 1962; “ Overseas Territory ” means any of the territories to which this Order applies in accordance with the provisions of Article 9 of this Order; “ The Warsaw Convention ” means the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on 12th October 1929. 2 The Interpretation Act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament of the United Kingdom. Application of Order to certain carriage by air 3 This Order shall apply to all carriage by air, not being carriage to which the amended Convention applies. Non-International carriage, and carriage of mail and postal packages 4 Schedule 2 to this Order shall have effect in respect of carriage to which this Order applies, being either— a carriage which is not international carriage as defined in schedule 4 to this Order, or b carriage of mail or postal packages. International carriage under the Warsaw Convention 5 1 Schedule 4 to this Order shall have effect in respect of carriage to which this Order applies, being carriage which is international carriage as defined in that schedule. 2 Sections 2 and 8 of the Act of 1961, adapted and modified in the form set out in schedule 3 to this Order, shall apply to such carriage as aforesaid. Power to restrict application of Order 6 The Governor of an Overseas Territory may by writing under his hand direct that, in relation to that Territory, any carriage or class of carriage, or any person or class of person shall be exempted from any of the requirements imposed by this Order, and any such direction may be expressed to be, and if so expressed shall take effect, subject to any conditions or limitations which in the circumstances of the case appear to the Governor to be required. Application of certain provisions of the Acts of 1961 and 1962 7 Sections 3, 4 and 5 of the Act of 1961 and subsections (1) and (2) of section 3 of the Act of 1962, adapted and modified in the form as set out in schedule 1 to this Order, shall apply to carriage by air to which this Order applies, and any reference in the said subsections (1) and (2) of section 3 of the Act of 1962 to the Act of 1961 shall be construed as a reference to that Act as so adapted and modified. Gratuitous carriage by the Crown 8 1 a This Order shall apply to gratuitous carriage by the Crown as it applies to carriage by the Crown for reward, and b the Acts of 1961 and 1962, as adapted and modified by the provisions of the Carriage by Air (Overseas Territories) Order 1967 and extended to the territories therein mentioned, shall apply to gratuitous carriage by the Crown as they apply by virtue of that Order, to carriage by the Crown for reward: Provided, in each case, that the Crown shall not be precluded by Article 3(2) of the amended Convention as so applied from availing itself of the provisions of Article 22 thereof (which provides for the limitation of the carrier's liability in the carriage of persons) by reason of a passenger ticket not having been delivered or of the ticket not including the required notice. 2 References in this section to the Crown shall be construed as including references to the Crown in respect of the government of an Overseas Territory. Application of Order to Overseas Territories 9 This Order shall apply to the territories mentioned in schedule 5 to this Order. Revocation 10 The following Orders are revoked in so far as they apply as part of the law of the territories mentioned in schedule 5 to this Order:— The Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) Order 1953 ; The Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) (Amendment) Order 1955 and The Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) (Amendment) Order 1961 W. G. Agnew