PART 1 Preliminary

Citation and commencement

1. These Regulations may be cited as the Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.

PART 2 Amendment of subordinate legislation

Amendment of the Civil Aviation (Insurance) Regulations 2005

2. —(1)The Civil Aviation (Insurance) Regulations 2005 are amended as follows.

(2) In regulation 3 (competent authority), in paragraph (1), for “Articles 5 and 8” substitute “ Article 5 ” .

(3) In regulation 4 (offence of failing to comply with the Insurance Regulation)—

(a) in paragraph (1) for “Subject to paragraph (2) an” substitute “ An ” ;

(b) omit paragraph (2).

PART 3 Amendment of EU Regulation

Amendment of Regulation (EC) No 785/2004

3. Regulation (EC) No 785/2004 of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators is amended as follows.

4. In Article 1 (objective of Regulation), in paragraph 2, for “national laws of the Member States” substitute “ law of England and Wales, Scotland or Northern Ireland ” .

5. In Article 2 (scope)—

(a) in paragraph 1, for “a Member State to which the Treaty applies” substitute “ the United Kingdom ” ;

(b) omit paragraphs 3 and 4.

6. In Article 3 (definitions)—

(a) for subparagraph (b) substitute—

“ (b) ‘United Kingdom air carrier’ means an air carrier with a valid operating licence granted by the CAA in accordance with Regulation (EC) No 1008/2008 ;

(ba) ‘non-UK air carrier’ means an air carrier which is not a United Kingdom air carrier; ” ;

(b) after subparagraph (c) insert—

“ (ca) ‘the CAA’ means the Civil Aviation Authority;

(cb) ‘the UK competent authority’ means—

(i) in such cases as are indicated by regulation 3(2) of the Civil Aviation (Insurance) Regulations 2005, the Secretary of State or a person authorised by the Secretary of State, and

(ii) in any other case, the CAA; ” .

7. In Article 4 (principles of insurance), in paragraph 3—

(a) in the first indent, for “the Member States and/or the Community are parties,” substitute “ the United Kingdom is party, and ” ;

(b) omit the second indent (and the “and” following it);

(c) in the third indent, for “national law of the Member States” substitute “ the law of England and Wales, Scotland or Northern Ireland ” .

8. In Article 5 (compliance)—

(a) in paragraph 1, for “the competent authorities of the Member State concerned” substitute “ the UK competent authority ” ;

(b) omit paragraphs 2, 3 and 4;

(c) in paragraph 5, for the words from “Commission” to the end substitute “ Secretary of State may, by regulations, make provision for paragraph 1 to apply with modifications. ” .

9. In Article 6 (levels of insurance in respect of liability for passengers, baggage and cargo)—

(a) in paragraph 1, for “Member States may” substitute “ the Secretary of State may, by regulations, ” ;

(b) in paragraph 4—

(i) for “the Member States” substitute “ the United Kingdom ” ;

(ii) for “non-Community” substitute “ non-UK ” ;

(iii) for “the Community” substitute “ the United Kingdom ” ;

(iv) for “such territory” substitute “ the territory of the United Kingdom ” ;

(c) in paragraph 5, for “The Commission is empowered to adopt delegated acts in accordance with Article 8a amending”, substitute “The Secretary of State may, by regulations, amend”.

10. In Article 7 (levels of insurance in respect of liability for third parties)—

(a) in paragraph 1, for “The Commission” substitute “ The UK competent authority ” ;

(b) in paragraph 2, for “The Commission is empowered to adopt delegated acts in accordance with Article 8a amending”, substitute “The Secretary of State may, by regulations, amend”.

11. Omit Article 8 (enforcement and sanctions), Article 8a (exercise of the delegation) and Article 9 (committee procedure).

12. Before Article 10 insert—

“ Article 9A (regulations made by the Secretary of State under this Regulation)

1. Regulations under this Regulation may—

(a) make consequential, supplementary, incidental, transitional, transitory or saving provision;

(b) make different provision for different purposes.

2. Regulations under this Regulation are to be made by statutory instrument.

3. A statutory instrument containing regulations under this Regulation may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament. ” .

13. In Article 10 (report and cooperation)—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for “Member States” substitute “ the CAA ” ;

(ii) for “the Commission” substitute “ the Secretary of State ” .

14. After Article 11 (entry into force) omit the paragraph beginning with the words “This Regulation”.