S.I. No. 627/2001 - Air Navigation and Transport (Indemnities) (State of Difficulty) Order, 2001.

WHEREAS the Government are of the opinion that exceptional circumstances prevail and are likely to prevail in relation to the provision of insurance relating to aviation as respects risks concerning acts of war or terrorism:

The GOVERNMENT, in exercise of the powers conferred on them by section 2 of the Air Navigation and Transport (Indemnities) Act, 2001 (No. 48 of 2001) hereby order as follows:

1. This Order may be cited as the Air Navigation and Transport (Indemnities) (State of Difficulty) Order, 2001.

2. A state of difficulty affecting the supply of insurance relating to aviation is declared to exist in relation to the risks specified in the Schedule to this Order, and 23.59 Greenwich Mean Time on 24th September, 2001 is specified as the date of the commencement of such state of difficulty.

3. This Order shall remain in force for a period commencing on the date of the making of this Order and expiring on the 31^st day of March, 2002.

SCHEDULE

The risks referred to in Article 2 of this Order are events which are acts of war or terrorism and which if such an event occurred could result in a claim against an air navigation undertaking by a third party.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order declares that a state of difficulty exists in relation to the provision of aviation insurance in respect of third party risks arising from acts of war or terrorism and while the order is in force the Minister for Public Enterprise is authorised to issue indemnities to certain classes of air navigation undertaking in place of insurance cover that is not available from commercial insurers.