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Obligation of owners or operators of aircraft in relation to liability for loss or damage arising from operation of aircraft.
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17.—(1) The Minister may by order provide that it shall not be lawful for any person to operate, or cause or permit any other person to operate, an aircraft (other than a State aircraft) in, in flight into, or out of, or over the State unless—
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(a) there is in force, in accordance with subsection (2), a policy of insurance against liability arising in relation to any such operation of the aircraft, or
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(b) the owner or, as the case may be, the operator of the aircraft can prove to the satisfaction of the Minister, in accordance with subsection (3), that he can provide for liability arising in relation to any such operation,
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in respect of loss or damage to
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(i) any person or property on the aircraft, or
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(ii) any person or property on or over land or water in the State,
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caused or occasioned or contributed to by the aircraft in flight, taking off or landing, or
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(iii) any person or property on land or water in the State caused or occasioned or contributed to by any person, article, object or thing falling or descending from the aircraft in flight, taking off or landing.
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(2) (a) A policy of insurance shall be of no effect for the purposes of subsection (1) unless and until—
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(i) it complies with such conditions as the Minister may prescribe by Regulations under this section, and
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(ii) there has been issued by the insurer to the insured a certificate in relation to the policy of insurance in such form and containing such particulars as the Minister may prescribe by Regulations under this section.
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(b) The Minister may require a copy of the certificate of insurance required under paragraph (a) to be produced to him.
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(3) Where there is not in force a policy of insurance in accordance with subsection (2), the ability or otherwise of the owner or, as the case may be, the operator of the aircraft to provide for any liability specified in subsection (1) shall be determined by reference to such criteria as the Minister may prescribe by Regulations under this section.
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(4) Without prejudice to the generality of subsections (2) and (3), Regulations under this section may prescribe different forms or different particulars or different conditions or different criteria in relation to different classes of aircraft or in relation to the same class of aircraft in different circumstances.
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(5) Regulations under this section may contain such incidental, supplementary and consequential provisions as the Minister may consider necessary or desirable for giving effect to this section.
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