S.I. No. 110/1956 - Air Navigation and Transport Act, 1936 (Non-International Carriage) Order, 1956.

S.I. No. 110 of 1956.

AIR NAVIGATION AND TRANSPORT ACT, 1936 (NON-INTERNATIONAL CARRIAGE) ORDER, 1956.

The Government, in exercise of the powers conferred by section 20 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), hereby order as follows :—

1. This Order may be cited as the Air Navigation and Transport Act, 1936 (Non-International Carriage) Order, 1956.

2. This Order shall come into operation on the first day of August, 1956.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. In this Order " the Act " means the Air Navigation and Transport Act, 1936 .

5. The first Schedule to the Act (which sets out the provisions of the Warsaw Convention for international carriage by air) shall apply to all carriage by air not being international carriage by air as defined in that Schedule, subject to the following consequential modifications rendered necessary by the fact that the Convention in its terms refers to international carriage only—

(a) references in Articles 1 (1) and 34 to international carriage shall be read as references to carriage to which the Schedule is hereby applied ;

(b) references to the Court shall be read as references to a court of competent jurisdiction ;

(c) references to the law of the Court shall be read as references to the law of the State ;

(d) in Article 1 (3) the words from " and it shall not lose its international character " to the end of the paragraph shall be omitted ;

(e) in Article 2 (2), for the words " carriage performed under the terms of any international postal Convention " there shall be substituted : " the carriage of postal packets on behalf of postal authorities or to the carriage of postal packets as defined in the Post Office Acts, 1908 to 1951 " ;

(f) in Articles 3 (1) (c) and 8 (c) the words " without thereby depriving the carriage of its international character " shall be omitted ;

(g) in Article 32 the words " if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28 " shall be omitted ; and

(h) Articles 1 (2), 28 and 36 to 41 shall be omitted.

6. Subsections (4) and (5) of section 17 of the act shall apply to all carriage by air to which the First Schedule is hereby applied, and section 18 shall also apply subject to the modifications that, for the purposes of that section, in deducing any relationship—

(a) a person adopted under the Adoption Act, 1952 (No. 25 of 1952), shall be considered as the child of the adopter or adopters born to him, her or them in lawful wedlock and not to be the child of any other person,

and

(b) a person in loco parentis to another shall be considered the parent of that other.

GIVEN under the Official Seal of the Government, this first day of May, 1956.

JOHN A. COSTELLO,

Taoiseach.