The Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2025
Source: legislation.gov.uk (2025-02-07)

This Order certifies the revised limits of liability established under the Montreal Convention 1999 (the Convention). The Convention can be viewed online at https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=69779 or obtained in hard copy from the Aviation Consumer Policy Team, Department for Transport, 4th Floor, Great Minster House, 33 Horseferry Road, London SW1P 4DR.

Statutory Instruments

2025 No. 123

Civil Aviation

The Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2025

Made

5th February 2025

Coming into force

7th February 2025

At the Court at Buckingham Palace, the 5th day of February 2025

Present,

The King’s Most Excellent Majesty in Council

His Majesty, in exercise of the power conferred by section 2(1A) of the Carriage by Air Act 1961(1 (\"#f00001\")), is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows.

Citation, commencement and extent

1.—(1) This Order may be cited as the Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2025 and comes into force on 7th February 2025.

(2) This Order extends to England and Wales, Scotland and Northern Ireland.

Superseding of the Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2021

2. This Order supersedes the Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2021(2 (\"#f00002\")).

Certification of the revision of limits of liability under the Montreal Convention

3. The revised limits of liability established under Articles 21 and 22 of the Montreal Convention(3 (\"#f00003\")) are as certified in the third column of the table.

Montreal ConventionOld limit (Special Drawing Rights)Revised limit (Special Drawing Rights)Article 21128,821151,880Article 22, paragraph 15,3466,303Article 22, paragraph 21,2881,519Article 22, paragraph 32226

Richard Tilbrook

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order certifies the revised limits of liability established under the Montreal Convention 1999 (the Convention). The Convention can be viewed online at https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=69779 (\"https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=69779\") or obtained in hard copy from the Aviation Consumer Policy Team, Department for Transport, 4th Floor, Great Minster House, 33 Horseferry Road, London SW1P 4DR.

The revised limits of liability under the Convention can be viewed online at https://www.icao.int/secretariat/legal/LEB%20Treaty%20Collection%20Documents/2024_Revised_Limits_of_Liability_Under_the_Montreal_Convention_of_1999_en.pdf (\"https://www.icao.int/secretariat/legal/LEB%20Treaty%20Collection%20Documents/2024_Revised_Limits_of_Liability_Under_the_Montreal_Convention_of_1999_en.pdf\") or obtained in hard copy from the Aviation Consumer Policy Team, Department for Transport, 4th Floor, Great Minster House, 33 Horseferry Road, London SW1P 4DR.

The revision of the limits was accomplished under Article 24 (review of limits) of the Convention. Article 24 provides that the limits of liability are to be reviewed by the International Civil Aviation Organisation (ICAO) at five-yearly intervals by reference to an inflation factor which corresponds to the accumulated rate of inflation since the previous revision. In the absence of disapproval by a majority of State Parties (to the Convention) the revised limits become effective six months after their notification to State Parties by ICAO.

The limits of liability were previously revised in 2019 and those rates were certified in the UK by way of the Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2021 (S.I. 2021/1448 (\"http://www.legislation.gov.uk/id/uksi/2021/1448\")), which this Order supersedes.

The limits of liability are expressed in Special Drawing Rights (SDR), which are a unit of account established by the International Monetary Fund (IMF). The value of SDR is based on a basket of currencies, currently consisting of the Chinese renminbi, euro, Japanese yen, pound sterling and U.S. dollar. Further information on SDR from the IMF can be found at https://www.imf.org/en/About/Factsheets/Sheets/2023/special-drawing-rights-sdr (\"https://www.imf.org/en/About/Factsheets/Sheets/2023/special-drawing-rights-sdr\").

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen. A de minimis impact assessment is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR and is published alongside this instrument on www.legislation.gov.uk (\"http://www.legislation.gov.uk\").

(1)

1961 c. 27 (\"http://www.legislation.gov.uk/id/ukpga/1961/27\"); section 2(1A) was inserted by the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002 (S.I. 2002/263 (\"http://www.legislation.gov.uk/id/uksi/2002/263\")), article 2(4).

(2)

S.I. 2021/1448 (\"http://www.legislation.gov.uk/id/uksi/2021/1448\"); that Order is superseded using the power in section 2(3) of the Carriage by Air Act 1961.

(3)

Cm. 6369, Convention for the Unification of Certain Rules for International Carriage by Air, Treaty Series No. 44 (2004). The Montreal Convention was previously published as Miscellaneous No. 4 (2000) Cm. 4651.