CARRIAGE BY AIR (NON-INTERNATIONAL CARRIAGE) 
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SUBSIDIARY LEGISLATION 232.01
CARRIAGE BY AIR (NON-INTERNATIONAL 
CARRIAGE) (COLONIES, PROTECTORATES AND 
TRUST TERRITORIES) ORDER
1st October, 1953
GOVERNMENT NOTICE 562 of 1953.
Title.
(Non-international Carriage) (Colonies, Protectorates and Trust
Territories) Order.
Interpretation.
"the Act" means the Carriage by Air Act, 1932;
"the East African Territories" means the Colony and Protectorate
of Kenya, the Trust Territory of Tanganyika and the Uganda
Protectorate; 
"Governor of a territory" means the officer for the time being
administering the Government of that territory;
"the High  Commission" means the East Africa High
Commission established by the East Africa (High Commission)
Orders in Council, 1947 to 1953 * ;
"territory" means any of the territories to which this Order
applies in accordance with the provisions of article 6. 
(2) The Interpretation Act, 1889 † , shall apply for the purposes of
the interpretation of this Order as it applies for the purposes of the
interpretation of an Act of Parliament and as if this Order were an
Act of Parliament.
Application of 
First Schedule to 
Carriage by Air 
Act, 1932, to 
non-international 
carriage.
3. Subject to the provisions of article 5, the provisions of the
First Schedule to the Act, adapted and modified as set out in the
Second Schedule to this Order, shall apply to all carriage by air, not
being international carriage by air as defined in the First Schedule
to the Act.
Application of 
section 1(4) and (5) 
of Carriage by Air 
Act, 1932, to non-
international 
carriage.
4. The provisions of section 1(4) and (5) of the Act, adapted
and modified as set out in the First Schedule to this Order, shall
apply to the carriage by air specified in article 3.
Power to restrict 
application of 
Order.
5. The Governor of a territory may by writing direct that the
provisions (in whole and not in part) of this Order, in relation to
that territory, shall not apply to any carriage by air, or to any class
of carriage by air, and any such direction may be expressed to be,
and if so expressed shall take effect subject to any conditions or
limitations which in the circumstances of the case appear to the
*S.R. & O. 1947/2863; Rev. XI, p.695; 1947 I p.758; S.I. 1951/2126; 1953/975; 1951.
I, p.1222.
†52 & 53 Vict. c. 63.
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Governor to be required.
Application of 
article 5 of the 
Order to the East 
African Territories.
6. Article 5 shall have effect in relation to each of the East
African Territories as if for references in the said section to the
Governor there were substituted references to the Commission.
Application of 
Order.
7. This Order shall apply to the territories mentioned in the
Fourth Schedule.
SCHEDULES
FIRST SCHEDULE
Article 4
Section 1(4) - Any liability imposed by Article 17 of the
First Schedule to the Act as applied by this Order on a carrier in
respect of the death of a passenger shall be in substitution for any
liability of the carrier in respect of the death of that passenger
either under any enactment or at common law, and the provisions
of the Second Schedule to the Act adapted and modified as set out
in the Third Schedule shall have effect with respect to the persons
by and for whose benefit the liability so imposed is enforceable and
with respect to the manner in which it may be enforced.
SECOND SCHEDULE
Article 3
CHAPTER I
SCOPE
Article 1
(1) This Schedule applies to all carriage of passengers,
luggage or cargo performed by aircraft for reward. It applies
equally to gratuitous carriage by aircraft performed by an air
transport undertaking.
(2) This Schedule does not apply to the carriage of postal
packets performed under the terms of any international postal
convention nor to the carriage of postal packets as defined in the
Post Office Acts, 1908 to 1940 * .
CHAPTER II
DOCUMENTS OF CARRIAGE AIR CONSIGNMENT NOTE
Article 5
(1) Every carrier of cargo has the right to require the consignor
to make out and hand over to him an air consignment note.
*8 Edw. 7. c. 18;  5 & 6 Geo 5. c. 82;  10 & 11 Geo 5. c. 40;  25 & 26 Geo. 5. c. 15; 3
& 4 Geo 6. c. 25.
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(2) The absence or loss of this document does not affect the
existence or the validity of the contract of carriage which shall be
none the less governed by the provisions of this Schedule.
Article 7
The carrier of cargo has the right to require the consignor
to make out separate consignment notes when there is more than
one package.
Article 10
(1) The consignor is responsible for the correctness of the
particulars and statements relating to the cargo which he inserts in
the air consignment note, if any.
(2) The consignor will be liable for all damage suffered by the
carrier or any other person by reason of the incorrectness or
incompleteness of the said particulars and statements.
Article 11
(1) The air consignment note, if any, is  prima facie  evidence
of the conclusion of the contract of the receipt of the cargo and of
the conditions of carriage.
(2) Any statements in an air consignment note relating to the
weight, dimensions and packing of the cargo or relating to the
number of packages, are  prima facie  evidence of the facts stated;
any such statements relating to the quantity, volume and condition
of the cargo do not constitute evidence against the carrier except so
far as they both have been and are stated in the air consignment
notes to have been checked by him in the presence of the consignor,
or relate to the apparent condition of the cargo.
Article 12
(1) Subject to his liability to carry out all his obligations under
the contract of carriage, the consignor has the right to dispose of
the cargo by withdrawing it at the aerodrome of departure or
destination or by stopping it in the course of the carriage on any
landing or by calling for it to be delivered at the place of
destination or in the course of the carriage to a person other than
the original consignor or by requiring it to be returned to the
aerodrome of departure. He must not exercise this right of
disposition in such a way as to prejudice the carrier or other
consignors and he must repay any expenses occasioned by the
exercise of this right.
(2) If it is not reasonably practicable to carry out the orders of
the consignor, the carrier must so inform him forthwith.
(4) The right conferred on the consignor ceases at the moment
when that of the consignee begins in accordance with article 13.
Nevertheless, if the consignee declines to accept the air
consignment note, if any, or the cargo, or if he cannot be
communicated with, the consignor resumes his right of disposition.
Article 13
(1) Except in the circumstances set out in the preceding article,
the consignee is entitled, on arrival of the cargo at the place of
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destination, to require the carrier to deliver the cargo to him, on
payment of charges due and on complying with the conditions of
the contract of carriage.
(2) Unless it is otherwise agreed, it is the duty of the carrier to
give notice to the consignee as soon as the cargo arrives.
(3) If the carrier admits the loss of the cargo, or if the cargo
has not arrived at the expiration of seven days after the date on
which it ought to have arrived, the consignee is entitled to put into
force against the carrier the rights which flow from the contract of
carriage.
Article 14
The consignor and the consignee can respectively enforce
all the rights given them by articles 12 and 13 each in his own
name, whether he is acting in his own interest or in the interest of
another, provided that he carries out the obligations imposed by the
contract.
Article 15
(1) Articles 12, 13 and 14 do not affect either the relations of
the consignor or the consignee with each other or the mutual
relations of third parties whose rights are derived either from the
consignor or from the consignee.
(2) The provisions of articles 12, 13 and 14 can only be varied
by special contract in writing between the parties.
Article 16
(1) The consignor must furnish such information and
documents as are necessary to meet the formalities of customs,
octroi or police, before the cargo can be delivered to the consignee.
The consignor is liable to the carrier for any damage occasioned by
the absence, insufficiency or irregularity of any such information or
documents, unless the damage is due to the fault of the carrier or
his servants or agents. 
(2) The carrier is under no obligation to enquire into the
correctness or sufficiency of such information or documents.
CHAPTER III
LIABILITY OF THE CARRIER
Article 17
The carrier is liable for damage sustained in the event of
the death or wounding of a passenger or any other bodily injury
suffered by a passenger, if the accident which caused the damage so
sustained took place on board the aircraft or in the course of any of
the operations of embarking or disembarking.
Article 18
(1) The carrier is liable for damage sustained in the event of
the destruction or loss of, or of damage to, any luggage or any
cargo, if the occurrence which caused the damage so sustained took
place during the carriage by air.
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(2) The carriage by air within the meaning of the preceding
paragraph comprises the period during which the luggage or cargo
are in charge of the carrier, whether in an aerodrome or on board an
aircraft, or, in the case of a landing outside an aerodrome, in any
place whatsoever.
(3) The period of the carriage by air does not extend to any
carriage by land, by sea or by river performed outside an
aerodrome. If, however, such a carriage takes place in the
performance of a contract, for carriage by air, for the purpose of
loading, delivery or transhipment, any damage is presumed, subject
to proof to the contrary, to have been the result of an event which
took place during the carriage by air.
Article 19
The carrier is liable for damage occasioned by delay in the
carriage by air of passengers, luggage or cargo to the extent of the
amount of such damage which may be proved to have been
sustained by reason of such delay or of an amount representing
double the sum paid for the carriage, whichever amount may be the
smaller:
Provided that -
(i) the carrier may by special contract in writing expressly
exclude, increase or decrease the limit of his liability
as above provided; and
(ii) nothing in this article shall be deemed to affect any
rule of law relating to remoteness of damage.
Article 20
The carrier is not liable if he proves that he and his
servants or agents have taken all necessary measures to avoid the
damage or that it was not reasonably possible for him or them to
take such measures.
Article 21
If the carrier proves that the damage was caused by or
contributed to by the negligence of the injured person the Court
may, in accordance with the provisions of its own law, exonerate
the carrier wholly or partly from his liability.
Article 22
(1) Subject to the provisions of paragraph (4), in the carriage
of passengers the liability of the carrier in respect of injury to
(including injury resulting into the death of) any passenger is
limited to the sum of 125,000 francs. In a case where damages are
awarded in the form of periodical payments, the equivalent capital
value of the said payments shall not exceed 125,000 francs.
(2) Subject to the provisions of paragraph (4), in the carriage
of luggage of which the carrier takes charge and of cargo, the
liability of the carrier in respect of destruction, loss or damage is
limited to a sum of 250 francs per kilogram.
(3) Subject to the provisions of paragraph (4), as regards
objects of which the passenger takes charge himself the liability of
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the carrier in respect of destruction, loss or damage is limited to
5,000 francs per passenger.
(4) With respect to the carriage referred to in paragraphs (1),
(2) and (3), the carrier and the passenger or the carrier and the
consignor, as the case may be, may by special contract in writing
agree to a limit of liability higher than that specified in those
paragraphs.
(5) The sums mentioned above shall be deemed to refer to the
French franc consisting of 65½ milligrams gold of millesimal
fineness 900. These sums may be converted into any national
currency in round figures.
Article 23
Any provision in a contract of carriage tending to relieve
the carrier of liability or to fix a lower limit than that which is laid
down in this Schedule otherwise than in accordance with the
provisions of this Schedule shall be null and void, but the nullity of
any such provision does not involve the nullity of the whole
contract, which shall remain subject to the provisions of this
Schedule.
Article 24
(1) In the cases covered by articles 18 and 19 any action for
damages, however founded, can only be brought subject to the
conditions and limits set out in this Schedule.
(2) In the cases covered by article 17 the provisions of the
preceding paragraph also apply, without prejudice to any question
as to who are the persons who have the right to bring such an action
and what are their respective rights.
Article 25
(1) The carrier shall not be entitled to avail himself of the
provisions of this Schedule which exclude or limit his liability, if
the damage is caused by his wilful misconduct.
(2) Similarly the carrier shall not be entitled to avail himself of
the said provisions, if the damage is caused as aforesaid by any
servant or agent of the carrier acting within the scope of his
employment unless the carrier proves that the wilful misconduct of
his servant or agent took place without his actual fault or privity.
Article 26
(1) Receipt by the person entitled to delivery of luggage or
cargo without complaint is  prima facie  evidence that the same has
been delivered in good condition and in accordance with the
contract of carriage.
(2) In the case of damage, the person entitled to delivery must
complain to the carrier forthwith after the discovery of the damage,
and, at least within three days from the date of receipt in the case of
luggage and seven days from the date of receipt in the case of
cargo. In the case of delay the complaint must be made at the latest
within fourteen days from the date on which the luggage or cargo
has been placed at his disposal.
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(3) Every complaint must be made by notice in writing
despatched within the times aforesaid.
(4) Failing complaint within the times aforesaid, no action
shall lie against the carrier, save in the case of fraud on his part.
Article 27
In the case of the death of the person liable, an action for
damages lies in accordance with the terms of this Schedule against
those legally representing his estate.
Article 29
(1) The right to damages shall be extinguished if an action is
not brought within two years, reckoned from the date of arrival at
the destination or from the date on which the aircraft ought to have
arrived, or from the date on which the carriage stopped.
(2) The method of calculating the period of limitation shall be
determined by the law of the Court seised of the case.
Article 30
(1) In the case of carriage to be performed by various
successive carriers, each carrier who accepts passengers, luggage
or cargo shall be bound by the provisions of this Schedule, and is
deemed to be the one of the contracting parties to the contracting
parties to the contract of carriage in so far as the contract deals with
the part of the carriage which is performed under his supervision.
(2) In the case of carriage of this nature, the passenger or his
representatives can take action only against the carrier who
performed the carriage during which the accident or the delay
occurred, save in the case where, by express agreement, the first
carrier has assumed liability for the whole journey.
(3) As regards luggage or cargo, the passenger or consignor
will have a right of action against the first carrier, and the
passenger or consignee who is entitled to delivery will have a right
of action against the last carrier, and further, each may take action
against the carrier who performed the carriage during which the
destruction, loss, damage or delay took place. These carriers will be
jointly and severally liable to the passenger or to the consignor or
consignee.
CHAPTER IV
PROVISIONS RELATING TO COMBINED CARRIAGE
Article 31
(1) In the case of combined carriage performed partly by air
and partly by any other mode of carriage, the provisions of this
Schedule apply only to the carriage by air.
(2) Nothing in this Schedule shall prevent the parties in the
case of combined carriage from agreeing to special conditions
relating to other modes of carriage, provided that the provisions of
this Schedule are observed as regards the carriage by air.
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CHAPTER V
GENERAL AND FINAL PROVISIONS
Article 32
Any provision contained in the contract and all special
agreements entered into before the damage occurred by which the
parties purport to infringe the rules laid down by this Schedule by
deciding the law to be applied shall be null and void. Nevertheless
for the carriage of cargo arbitration clauses are allowed, subject to
this Schedule.
Article 33
Nothing contained in this Schedule shall prevent the carrier
either from refusing to enter into any contract of carriage, or from
making stipulations which do not conflict with the provisions of
this Schedule.
THIRD SCHEDULE
PROVISIONS AS TO LIABILITY OF CARRIER IN THE EVENT 
OF THE DEATH OF A PASSENGER
1. The liability shall be enforceable for the benefit of such of
the members of the passenger’s family as sustained damage by
reason of his death.
In this paragraph the expression "member of a family"
means wife or husband, parent, step-parent, grandparent, brother,
sister, half-brother, half-sister, child, step-child, grandchild.
Provided that, in deducing any such relationship as
aforesaid, any illegitimate person and any adopted person shall be
treated as being, or as having been, the legitimate child of his
mother, and reputed father or, as the case may be, of his adopters.
2. An action to enforce the liability may be brought by the
personal representative of the passenger or by any person for whose
benefit the liability is under the last preceding paragraph
enforceable, but only one action shall be brought in respect of the
death of any one passenger, and every such action by whomsoever
brought shall be for the benefit of all such persons so entitled as
aforesaid as either are domiciled in the territory or, not being
domiciled there, express a desire to take the benefit of the action.
3. Subject to the provisions of the next succeeding paragraph,
the amount recovered in any such action, after deducting the costs
not recovered from the defendant, shall be divided between the
persons entitled in such proportions as the Court (or, where the
action is tried with a jury, the jury) directs.
4. The Court before which any action is brought may at any
stage of the proceedings make any such order as appears to the
Court to be just and equitable in view of the provisions of the First
Schedule to the Act as applied by this Order limiting the liability of
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a carrier and of any proceedings which have been, or are likely to
be, commenced outside the territory in respect of the death of the
passenger in question.
FOURTH SCHEDULE
Article 6
TERRITORIES TO WHICH THIS ORDER APPLIES
Aden (Colony and Protectorate) Malta
Bahamas Mauritius
Barbados Nigeria -
Basutoland (a) Colony
Bechuanaland Protectorate (b) Protectorate
Bermuda (c) Cameroons under
United Kingdom trusteeship
British Guinea North Borneo
British Honduras Northern Rhodesia
British Solomon Islands
Protectorate
Nyasaland Protectorate
Cyprus St Helen and Dependencies
Falklands Sarawak
Fiji Settlements of Penang and
Malacca
Gambia (Colony and Protectorate) Seychelles
Gibraltar Sierra Leone (Colony and
Protectorate)
Gilbert and Ellice Islands Colony Singapore
Gold Coast - Somaliland Protectorate
(a) Colony Swaziland Protectorate
(b) Ashanti Trust Territory of Tanganyika
(c) Northern Territories Trinidad and Tobago
(d) Togoland under United
Kingdom trusteeship
Uganda Protectorate
Hong Kong Windward Islands -
Jamaica (including Turks and
Caicos Islands and Cayman
Islands)
Dominica
Grenada
St Lucia
St Vincent
Kenya (Colony and Protectorate) Zanzibar Protectorate.
Leeward Islands -
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EXPLANATORY NOTE
(This note is not part of the Order, but is intended to indicate its 
general purport)
This Order applies subsections (4) and (5) of section 1 of
the Carriage by Air Act, 1932 and the provisions of the First
Schedule of that Act subject to certain adaptations and
modifications to carriage by air which is not international carriage
as defined in the First Schedule to the Act. The provisions of this
Order apply to the territories mentioned in the Fourth Schedule to
the Order.
Antigua
Montserrat
St Christopher, Nevis and
Anguilla
Virgin Islands
