Citation, commencement and extent

1. —(1) These Regulations may be cited as the Aviation (Consumers) (Amendment) Regulations 2023.

(2) These Regulations come into force on the day after the day on which they are made.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment of Regulation (EC) No 261/2004

2. —(1) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and repealing Regulation (EEC) No 295/91 ( 3 ) is amended as follows.

(2) In Article 2 (definitions), after paragraph (m) insert—

“ (n) “ arrival time ” means the time passengers are permitted to exit the aircraft upon reaching the final destination;

(o) “ extraordinary circumstances ” means circumstances which cause delay or cancellation and—

(p) “ scheduled arrival time ” is the time of arrival at the final destination which is fixed in the flight schedule and indicated on the reservation or other evidence held by the passenger;

(q) “ The Montreal Convention ” is the Convention for the unification of certain rules for international carriage by air and its annexes, signed in Montreal on 28th May 1999, as amended; ” .

(3) In Article 3 (scope), after paragraph (1) insert—

“ (1A) For the purposes of this Regulation a flight comprised of more than one leg shall be treated—

(a) as a whole, if it was booked as a single unit, and

(b) as departing from the point of departure of the first leg. ” .

(4) In Article 3 (scope), after paragraph (6) insert—

“ (7) An obligation to pay compensation or offer assistance in accordance with Articles 7 to 9 does not constitute a liability for damage occasioned by delay for the purposes of Article 19 of the Montreal Convention.

(8) An action to enforce an obligation to pay compensation or offer assistance in accordance with Articles 7 to 9 does not constitute an action for damages for the purposes of Article 29 of the Montreal Convention.

(9) For limitation purposes a claim under this Regulation will be determined in accordance with section 9 of the Limitation Act 1980 ( 4 ) . ” .

(5) In Article 6 (delay), after paragraph (2) insert—

“ (3) In case of a delay of three hours or more in reaching the final destination, the passengers concerned have the right to compensation laid down in Article 7.

(4) An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. ” .

(6) In Article 7 (right to compensation), in paragraph (1), after “denial of boarding” insert “, delay” .