Air Navigation and Transport (Amendment) Act, 1998

Air Navigation and Transport (Amendment) Act, 1998 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1998 Air Navigation and Transport (Amendment) Act, 1998 Air Navigation and Transport (Amendment) Act, 1998 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 24 of 1998 AIR NAVIGATION AND TRANSPORT (AMENDMENT) ACT, 1998 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, collective citation, collective construction and commencement. 2. Interpretation. 3. Regulations, orders and directions. 4. Disposal of moneys received by Minister. 5. Expenses. 6. Repeals. 7. Offences and penalties. 8. Proceedings. PART II Share Capital and Financial Provisions 9. Share capital of company. 10. Issue of shares by company to Minister for Finance. 11. Obligation of certain shareholders to hold shares in trust. 12. Payment of dividends, etc. into Exchequer. 13. Borrowing by company and subsidiaries. PART III Transfer of Property and Carrying out of Works by Company 14. Transfer of land and other property. 15. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by Minister. 16. Power of company to manage, develop and establish airports. 17. Acquisition of land by company. 18. Purposes for which land may be acquired by company. 19. Right of entry on land by company. 20. Power to sell water. 21. Protection of public roads, bridges and tunnels. PART IV Administration of Company 22. Memorandum and articles of association. 23. Principal objects of company. 24. General duties of company. 25. Conferral of additional functions on company. 26. Appropriation of part of company's airports to use of other persons. 27. Chairperson of board of directors. 28. Directors and chairpersons of subsidiaries of the company. 29. Chief Executive. 30. Accounts and audits. 31. Chairperson's report. 32. Superannuation schemes. 33. Membership of either House of Oireachtas or European Parliament. 34. Disclosure by directors of certain interests. 35. Disclosure by members of staff of certain interests. 36. Prohibition of unauthorised disclosure of confidential information. 37. Prohibition of certain communications. 38. Giving of directions by Minister to company. PART V Provisions in Relation to Regulation of Airports 39. Airport charges. 40. Detention and sale of aircraft for unpaid airport charges. 41. Abandoned aircraft. 42. Airport bye-laws. 43. Amendment of section 33 of Act of 1988. 44. Amendment of section 18 of Act of 1988. 45. Amendment of section 19 of Act of 1988. 46. Lopping, cutting or removal of certain trees, etc. 47. Interference with anything provided for purpose of operation, management or safety of airport. 48. Authorised officers. 49. Power to enter and inspect aircraft. 50. Prohibition on bringing certain dangerous articles within airport. 51. Authorised person. PART VI Miscellaneous 52. Amendment of section 1 of Air Companies (Amendment) Act, 1993. 53. Amendment of section 1 of Air Companies Act, 1966. 54. Amendment of section 1 of Air Companies (Amendment) Act, 1976. 55. Charge of rates on property of company. 56. Exemption of company lettings from the Landlord and Tenant Acts. 57. Exemption from Stamp Duty. 58. Liability for loss occurring before vesting day. 59. Road for purposes of Road Traffic Acts, 1961 to 1995. 60. Amendment of Customs-free Airport Act, 1947. 61. Amendment of Act of 1993. 62. Acquisition of land by Authority. 63. Right of entry on land by Authority. 64. Detention and sale of aircraft by Authority for unpaid air navigation and aeronautical communications services charges. 65. Disruptive behaviour on board aircraft in flight. FIRST SCHEDULE Repeal of Enactments SECOND SCHEDULE Provisions Relating to Compulsory Acquisition Acts Referred to Acquisition of Land (Assessment of Compensation) Act, 1919 9 and 10 Geo.5, c. 57 Air Companies (Amendment) Act, 1976 1976, No. 36 Air Companies (Amendment) Act, 1993 1993, No. 38 Air Companies Act, 1966 1966, No. 4 Air Navigation and Transport Act, 1936 1936, No. 40 Air Navigation and Transport Act, 1946 1946, No. 23 Air Navigation and Transport Act, 1950 1950, No. 4 Air Navigation and Transport Act, 1973 1973, No. 29 Air Navigation and Transport Act, 1988 1988, No. 15 Air Navigation and Transport Acts, 1936 to 1988 Companies Act, 1963 1963, No. 33 Criminal Procedure Act, 1967 1967, No. 12 Customs-free Airport Act, 1947 1947, No. 5 European Communities Act, 1972 1972, No. 27 European Parliament Elections Act, 1997 1997, No. 2 Forestry Acts, 1946 to 1988 Irish Aviation Authority Act, 1993 1993, No. 29 Landlord and Tenant Acts, 1967 to 1994 Lands Clauses Consolidation Act, 1845 8 Vic., c. 18 Local Government (Planning and Development) Act, 1963 1963, No. 28 Petty Sessions (Ireland) Act, 1851 14 and 15 Vic., c. 93 Public Offices (Fees) Act, 1879 42 and 43 Vic., c. 58 Radiological Protection Act, 1991 1991, No. 9 Registration of Title Act, 1964 1964, No. 16 Roads Act, 1993 1993, No. 14 Road Traffic Acts, 1961 to 1995 Waterworks Clauses Act, 1847 10 and 11 Vic., c. 17 Waterworks Clauses Act, 1863 26 and 27 Vic., c. 93 Worker Participation (State Enterprises) Acts, 1977 to 1993 Number 24 of 1998 AIR NAVIGATION AND TRANSPORT (AMENDMENT) ACT, 1998 AN ACT TO PROVIDE FOR THE VESTING OF DUBLIN AIRPORT, SHANNON AIRPORT AND CORK AIRPORT IN AER RIANTA, CUIDEACHTA PHOIBLÍ THEORANTA, THE ASSIGNMENT TO THE SAID COMPANY OF CERTAIN FUNCTIONS HERETOFORE EXERCISED BY THE MINISTER FOR PUBLIC ENTERPRISE RELATING TO THE MANAGEMENT, OPERATION AND DEVELOPMENT OF THOSE AIRPORTS, TO AMEND THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1988, THE IRISH AVIATION AUTHORITY ACT, 1993 , AND OTHER ENACTMENTS, AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [5th July, 1998] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title, collective citation, collective construction and commencement. 1.—(1) This Act may be cited as the Air Navigation and Transport (Amendment) Act, 1998. (2) The Air Navigation and Transport Acts, 1936 to 1988, and this Act may be cited together as the Air Navigation and Transport Acts, 1936 to 1998, and shall be construed together as one Act. (3) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions. Interpretation. 2.—(1) In this Act, except where the context otherwise requires— “the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919 ; “the Act of 1946” means the Air Navigation and Transport Act, 1946 ; “the Act of 1950” means the Air Navigation and Transport Act, 1950 ; “the Act of 1963” means the Companies Act, 1963 ; “the Act of 1988” means the Air Navigation and Transport Act, 1988 ; “the Act of 1993” means the Irish Aviation Authority Act, 1993 ; “aerodrome” has the same meaning as it has in the Air Navigation and Transport Act, 1936 ; “aircraft” means a machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface; “airport” means the aggregate of the lands comprised within an aerodrome and all land owned or occupied by an airport authority, including aircraft hangars, roads and car parks, used or intended to be used in whole or in part for the purposes of or in connection with the operation of such aerodrome; “airport authority” means the person owning, whether in whole or in part, or managing, either alone or jointly with another person, an airport; “airport charges” means— (a) charges levied in respect of the landing, parking or taking off of aircraft at an aerodrome including charges for airbridge usage but excluding charges in respect of air navigation and aeronautical communications services levied under section 43 of the Act of 1993, (b) charges levied in respect of the arrival at or departure from an airport by air of passengers, or (c) charges levied in respect of the transportation by air of cargo, to or from an airport, as may be appropriate; “authorised officer” means— (a) a member of the Garda Síochána, (b) in relation to a State airport— (i) a person, or a person belonging to a class of persons, authorised in writing by the company to perform the functions conferred on an authorised officer by or under this Act or the Act of 1988, or (ii) unless and until the Minister otherwise determines under subsection (4) of section 48 , a person who immediately prior to the commencement of this section was an authorised officer within the meaning of paragraph (b) of the definition of authorised officer in section 15(1) of the Act of 1950 (as amended by section 25 of the Act of 1988), or (c) in relation to an airport in the State, other than a State airport, a person, or a person belonging to a class of persons, authorised in writing by the Minister to perform the functions conferred on an authorised officer by or under this Act or the Act of 1988; “authorised person” means a person appointed in writing by the company to perform the functions conferred on authorised persons by or under this Act; “the Authority” means the Irish Aviation Authority; “the Chief Executive” means the chief executive of the company appointed under section 29 ; “the company” means Aer Rianta, cuideachta phoiblí theoranta; “the Companies Acts” means the Act of 1963 and every enactment which is to be construed with it as one Act; “contravene” in relation to a provision of this Act includes, where appropriate, to fail or refuse to comply with that provision and cognate words shall be construed accordingly; “Eurocontrol” has the same meaning as it has in the Act of 1993; “functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties; “land” includes land covered by water; “the Minister” means the Minister for Public Enterprise; “operator”, in relation to an aircraft, means a person engaged, or proposing to engage, in the operation of aircraft who is for the time being responsible for the management of the aircraft; “pilot in command”, in relation to an aircraft, means the person who for the time being is lawfully in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft; “prescribed” means prescribed by regulations under this Act; “the Principal Act” means the Air Navigation and Transport Act, 1936 ; “record” includes, in addition to a record in writing— (a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form, (b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and (c) a photograph; “registered owner”, in relation to an aircraft, means the person who is registered as the owner of the aircraft in the register established under section 9 or 10 of the Act of 1946, section 58 of the Act of 1993, or a corresponding register established in a state other than the State; “road” has the same meaning as it has in the Roads Act, 1993 ; “road authority” has the same meaning as it has in the Roads Act, 1993 ; “State airport” means an airport in the State that, on or after the vesting day, is owned, in whole or in part, or managed, either alone or jointly with another person, by the company; “State authority” means— (a) a Minister of the Government, or (b) the Commissioners of Public Works in Ireland; “subsidiary” means a subsidiary within the meaning of section 155 of the Act of 1963; “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death; “terminal services” has the same meaning as it has in the Act of 1993; “the vesting day” means the day appointed under section 10 to be the vesting day; “water right” means a right of impounding, diverting or abstracting water. (2) A reference in this Act to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended. (3) A reference in this Act to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. (4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment. (5) Every provision of, or instrument under, this Act or any other enactment relating to a function of the company shall apply in respect of a function of a subsidiary that corresponds to the first-mentioned function in the same manner as it applies to the first-mentioned function. Regulations, orders and directions. 3.—(1) Every order or regulation made under this Act (other than an order made under section 1 (3), section 10, section 25 , or paragraph 2 or 7 of the Second Schedule ) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. (2) (a) The Minister may by order amend or revoke an order made by him or her under this Act, (other than an order under section 1 (3) or section 10 ) including an order under this paragraph. (b) The Minister may by direction amend or revoke a direction given by him or her under this Act, including a direction under this paragraph. (c) An order or direction under this subsection shall be made or given in the like manner and its making or giving shall be subject to the like (if any) consents and conditions as the order or direction that it is amending or revoking. (3) Where it is proposed to make an order under section 25 or an order amending or revoking such an order, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House. Disposal of moneys received by Minister. 4.—Moneys received by the Minister for Finance under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. Expenses. 5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Repeals. 6.—(1) The enactments mentioned in the First Schedule shall stand repealed as on and from the vesting day to the extent specified in column (3) of that Schedule. (2) In so far as any instrument made or other thing whatsoever done under any provision of an enactment repealed by this Act could have been made or done under a corresponding provision of this Act, it shall not be invalidated by the repeal of that provision but, if in force immediately before that provision was repealed, shall have effect as if made or done under the corresponding provision of this Act. Offences and penalties. 7.—(1)(a) A person guilty of an offence under section 26 , 37 , 39 , 42 , 47 , 48 , 49 , 50 or 5 1 shall be liable— (i) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or to both, or (ii) on conviction on indictment, to a fine not exceeding £100,000, or to imprisonment for a term not exceeding 2 years, or to both, (b) A person guilty of an offence under any other provision of this Act shall be liable on summary conviction to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 12 months, or to both. (2) On conviction on indictment for an offence under this Act the court may, in addition to any other penalty, order any aircraft, apparatus, equipment or other thing used to commit the offence to be forfeited. (3) An order under subsection (2) shall not come into effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired. (4) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this Act that is not being prosecuted summarily as if, in lieu of the penalties provided for in subsection (3)(a) of that section, there were specified therein the penalties provided for in subsection (1)(a)(i), and the reference in subsection (2)(a) of the said section 13 to the penalties provided for by subsection (3) shall be construed and have effect accordingly. (5) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that officer or person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. Proceedings. 8.—(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the company. (2) Summary proceedings for an offence under section 34 may be brought and prosecuted by the Minister. (3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted within 12 months from the date on which the offence was committed. (4) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the company the costs and expenses, measured by the court, incurred by the company in relation to the investigation or prosecution of the offence. (5) References in section 382 of the Act of 1963 to a “company” shall, for the purposes of this Act, be construed as including references to a body corporate (whether or not a company within the meaning of that section) charged on indictment with an offence under this Act. PART II Share Capital and Financial Provisions Share capital of company. 9.—(1) The authorised share capital of the company shall be such amount as may be determined from time to time by the Minister for Finance, after consultation with the Minister, divided into shares of £1 each. (2) Shares in the share capital of the company shall not be issued without the consent of the Minister for Finance given after consultation with the Minister. Issue of shares by company to Minister for Finance. 10.—(1) The Minister shall by order appoint a day to be the vesting day for the purposes of this Act as soon as practicable following the commencement of this Act. (2) The company shall, as soon as may be after the vesting day, in consideration of— (a) the surrender to the company by the Minister for Finance of all shares held by him or her in the share capital of the company, and (b) the surrender to the company by the Minister for Finance and the persons who hold shares in trust for him or her in the share capital of the company, of all shares held in trust for the Minister for Finance in the share capital of the company, issue to the Minister for Finance, without payment by him or her, such number of fully paid-up shares in the share capital of the company as are equal in nominal value to the value of the assets of the company less the liabilities of the company specified in the balance sheet of the company on the vesting day. (3) The Minister for Finance may, subject to this Act, exercise in respect of the shares of the company held by him or her all of the rights and powers of a holder of such shares and, where a right or power is exercisable by attorney, exercise it by his or her attorney. (4) The Minister for Finance may, from time to time as occasion requires, for the purpose of compliance with so much of the Companies Acts as requires that there shall always be a minimum number of members of the company, transfer to any person one of his or her shares in the share capital of the company. Obligation of certain shareholders to hold shares in trust. 11.—(1) A person to whom a share in the share capital of the company is transferred under section 10 (4) shall hold that share in the company in trust for the Minister for Finance and transfer, as and when required by the Minister for Finance, the share to the said Minister or to a person nominated in that behalf by the said Minister, but shall not transfer or alienate his or her share in the share capital of the company other than in accordance with this subsection. (2) Where a member of the company dies or otherwise ceases to be a member of the company, the share in the share capital of the company held by such member shall, without the necessity of a transfer, vest in the Minister for Finance. Payment of dividends, etc. into Exchequer. 12.—(1) All amounts representing dividends or other moneys received by the Minister for Finance in respect of shares held by him or her in the share capital of the company, shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. (2) All amounts representing dividends or other moneys received by a person in respect of a share held by him or her, in the share capital of the company, transferred to him or her under subsection (4) of section 10 shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. Borrowing by company and subsidiaries. 13.—(1) The company or a subsidiary of the company may, with the consent of the Minister and the Minister for Finance, and upon such terms and conditions as may be approved by the Minister for Finance, raise or borrow money (including money in a currency other than the currency of the State), by means of the issue of debentures or otherwise. (2) The company or a subsidiary of the company may borrow money temporarily (including money in a currency other than the currency of the State) but the aggregate at any one time of moneys borrowed under this subsection shall not exceed such amount as the Minister, with the consent of the Minister for Finance, by direction specifies. (3) The terms upon which the company or a subsidiary of the company may borrow moneys may include provisions charging all or part of the moneys borrowed and any related financial obligation, including interest thereon, upon all property, of whatever kind, being the assets for the time being of such body, or upon any particular property, and provisions establishing the priority of such charges among themselves. (4) For the purposes of this section moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated according to the rate of exchange, at the time of the borrowing for that currency and the currency of the State. (5) The aggregate at any one time of moneys borrowed under this section shall not exceed £250 million. (6) The Minister may, with the consent of the Minister for Finance and after consultation with the company, by order vary the amount specified in subsection (5). PART III Transfer of Property and Carrying out of Works by Company Transfer of land and other property. 14.—(1) On the vesting day, all lands which immediately before that day were— (a) vested in the Minister and used or intended to be used in connection with— (i) a function of the Minister corresponding to a function conferred on the company by section 16 , or (ii) the provision of terminal services at an airport, or (b) held by the company in trust for the Minister, (which lands comprise the airports known as Dublin Airport, Cork Airport and Shannon Airport) and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment and, subject to subsection (2), stand vested in the company for all the estate or interest therein which immediately before the vesting day was vested in the Minister but subject to all trusts and equities affecting the lands subsisting and capable of being performed. (2) Subsection (1) shall not operate to vest in the company any minerals or any rights of mining or taking minerals. (3) On the vesting day all property, other than land, including choses-in-action, which immediately before that day was— (a) vested in the Minister, or (b) held in trust by the company for the Minister, and was used or intended to be used in connection with a function of the Minister corresponding to a function conferred on the company by section 16 shall stand vested in the company without any assignment. (4) Every chose-in-action vested in the company by virtue of subsection (3) may, as on and from the vesting day, be sued on, recovered or enforced by the company in its own name and it shall not be necessary for the company or the Minister to give notice to the person bound by the chose-in-action of the vesting effected by that subsection. (5) On the vesting day the company shall, in respect of the lands and other property vested in the company under this section, pay to the Minister for Finance such amount as the Minister for Finance, with the consent of the Minister, may determine. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by Minister. 15.—(1) All rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him or her before the vesting day in relation to a function of the Minister corresponding to a function conferred on the company by section 16 shall on that day stand transferred to the company. (2) Every right and liability transferred by subsection (1) to the company may, on and after the vesting day, be sued on, recovered or enforced by or against the company in its own name and it shall not be necessary for the company or the Minister to give notice to the person whose right or liability is transferred by that subsection of such transfer. (3) Every lease, licence, wayleave or permission granted by the Minister in relation to land or other property vested in the company by or under this Act, and in force immediately before the vesting day, shall continue in force as if granted by the company. Power of company to manage, develop and establish airports. 16.—(1) The company shall manage and develop the airports vested in it by section 14 and any other airport that may from time to time be established or owned by the company pursuant to subsection (3). (2) The company shall ensure the provision of such services and facilities as are, in the opinion of the company, necessary for the operation, maintenance and development of a State airport, including roads, bridges, tunnels, approaches, water supply works and water-mains, gasworks and gas pipelines, sewers and sewage disposal works, electric lines, telecommunications facilities, lights and signs, apparatus, equipment, buildings and accommodation of whatever kind. (3) The company may, with the consent of the Minister given after consultation with the Minister for Finance and subject to such conditions as the Minister may determine, establish a new airport or become the owner in whole or in part or manager of an existing airport. (4) Where the Authority ceases to provide terminal services at a State airport the company shall, with the consent of the Authority, ensure the provision of those services at such airport. (5) The Authority shall not unreasonably withhold its consent under subsection (4). (6) In subsection (3) a reference to an airport includes a reference to an airport outside the State. Acquisition of land by company. 17.—(1) The company may acquire by agreement or, in accordance with the Second Schedule , compulsorily, any land, easement, interest in or other right over land, or any water right, for any one or more of the purposes described in section 18 . (2) Notwithstanding the provisions of subsection (1), the company may acquire by agreement or, in accordance with the Second Schedule , compulsorily, any land, easement, interest in or other right over land, or any water right not immediately required for a purpose described in section 18 , where the Minister is of opinion that there is a reasonable expectation that the land will be required by the company in the future for any one or more of the purposes described in the said section. (3) Notwithstanding the provisions of any other Act, no person shall be entitled to acquire compulsorily any land, easement, interest in or other right in respect of land belonging to the company, or to alienate, terminate, restrict or otherwise interfere with, without the agreement of the company, any right of the company in respect of such land. (4) The company shall not be entitled to acquire compulsorily any land, easement or other right belonging to the State or a State authority. Purposes for which land may be acquired by company. 18.—The purposes for which land may be acquired under section 17 are as follows: (a) to extend or develop an airport belonging to the company or establish an airport; (b) to secure that any land adjacent to any of the State airports shall not be used in such manner as would interfere with, or cause danger or damage to aircraft at, approaching or leaving such airport; (c) to alter or demolish any building or installation which, in the opinion of the company, is likely to obstruct or otherwise interfere with the navigation of aircraft using a State airport; (d) to develop civil aviation at a State airport; (e) to carry out the principal objects of the company. Right of entry on land by company. 19.—(1) Subject to subsection (2), an authorised person may enter on any land, with or without vehicles, for the purpose of— (a) carrying out on such land a survey, inquiry, investigation or examination preliminary or incidental to the acquisition of such land, (b) carrying out a survey on any land which adjoins or is in the vicinity of land acquired by the company or the acquisition of which is contemplated by the company, (c) maintaining buildings or facilities, whether situated on that land or not, provided by the company for the safety and efficiency of air transport, (d) carrying out on such land any inquiry,* investigation or examination or rendering assistance in the event of an accident or incident involving an aircraft occurring on such land or on land adjoining or in the vicinity of such land, or (e) enabling the company to carry out any of its functions. (2) The company shall give reasonable notice to the owner or occupier of land where it is intended that an authorised person shall enter such land for a purpose described at paragraph (a), (b), (c) or (e) of subsection (1). (3) Where damage to property occurs in the exercise of a power to enter land under this section the company shall pay such compensation in respect of such damage to the owner of the property as it considers reasonable. (4) Where there is a dispute as to— (a) whether compensation is payable under this section, (b) the reasonableness of such compensation, or (c) the person to whom such compensation is payable, the matter shall be referred to an arbitrator appointed under the Act of 1919 and be determined by him or her under and in accordance with that Act. Power to sell water. 20.—(1) The company may sell water from any water supply works maintained by it. (2) Notwithstanding anything contained in the Waterworks Clauses Act, 1847 , or the Waterworks Clauses Act, 1863 , the company may, from water supplied to it by a sanitary authority, sell the water so supplied with the consent of that sanitary authority to any person and, for that purpose, may affix pipes and apparatus to any pipes used for the conveyance of the water supplied by that sanitary authority. Protection of public roads, bridges and tunnels. 21.—(1) The company may, in exercise of the functions assigned to it by section 16 , compulsorily acquire, open, break up, divert, close, remove, alter the level of, or otherwise interfere with, any public road, approach, bridge or tunnel. (2) If and whenever the exercise by the company of functions conferred on it by section 16 involves the closure to traffic of any public road, approach, bridge or tunnel the company shall, with the prior consent in writing of the relevant road authority, either— (a) construct and maintain a temporary road, approach, bridge or tunnel (whether on land owned by the company or not) in the immediate vicinity of such public road, approach, bridge or tunnel or at some other convenient location capable of carrying, for the duration of such closure, traffic of such volume and character as would normally use the said public road, approach, bridge or tunnel, or (b) prescribe an alternative route to be used by traffic for the duration of such closure. (3) The company shall, at or before the completion of such works giving rise to a closure referred to in subsection (1), with the prior consent in writing of the relevant road authority, do one or more of the following things, that is to say— (a) restore the closed road, approach, bridge or tunnel, (b) construct a new permanent road, approach, bridge or tunnel in the same or some other convenient location capable of carrying traffic of such volume and character as the said public road, approach, bridge or tunnel was, before its closure, capable of carrying and not substantially less convenient in gradient and curve than such closed road, approach, bridge or tunnel, or (c) improve (by reconstruction, widening or otherwise) an existing alternative road, approach, bridge or tunnel so that it will be capable of carrying the traffic which is likely to use it and will not be substantially less convenient in gradient and curve than the said closed public road, approach, bridge or tunnel. (4) Where the company constructs a permanent road, approach, bridge or tunnel conferring substantially greater advantage on users than the original public road, approach, bridge or tunnel, such road authority or road authorities as the Minister for the Environment and Local Government shall direct shall bear and pay to the company such portion of the cost of the construction of such road, approach, bridge or tunnel and, in the case of two or more such road authorities, in such proportions as the said Minister, after consultation with the company, shall direct. (5) Where the construction of a new road or approach by the company involves the construction of an embankment or similar work or of a bridge or tunnel and the Minister for the Environment and Local Government is of the opinion that part of the cost of maintaining such embankment, similar work, bridge or tunnel (other than the road surface) should be borne by the company, the company shall pay such portion of the said cost as the said Minister, after consultation with the company, directs. (6) A consent in writing under this section shall not be unreasonably withheld and may be given subject to such conditions as are specified in the consent. (7) The company may enter into an agreement with a road authority for the doing by such road authority of anything which the company is authorised by subsection (1) to do and may further agree to make to such road authority payment for or towards the cost of the doing of such thing by such road authority. PART IV Administration of Company Memorandum and articles of association. 22.—(1) The company and its subsidiaries shall take such steps as may be necessary under the Companies Acts to alter their memoranda and articles of association for the purpose of making them consistent with this Act. (2) Notwithstanding anything contained in the Companies Acts, no alteration in the memorandum or articles of association of the company shall be valid or effectual unless made with the prior approval of the Minister given with the consent of the Minister for Finance. (3) The articles of association of the company shall provide that— (a) the number of directors of the company shall be not more than 9; (b) each such director shall be appointed by the Minister with the consent of the Minister for Finance; (c) each such director shall be appointed for a period not exceeding 5 years and shall be eligible for reappointment; (d) three of the directors of the company shall be persons appointed under the Worker Participation (State Enterprises) Acts, 1977 to 1993, who are willing to accept office; (e) each such director may be removed from office by the Minister with the consent of the Minister for Finance; (f) each such director shall hold office upon such terms and conditions as the Minister may, with the consent of the Minister for Finance, determine; (g) the company or a subsidiary of the company shall not establish or acquire a subsidiary, or guarantee the borrowings or liabilities of a subsidiary, without the approval of the Minister given with the consent of the Minister for Finance; (h) the aggregate amount standing invested (whether by the purchase of shares or the provision of loans or guarantees of loans) by the company and its subsidiaries in undertakings (other than subsidiaries of the company) shall not exceed such amount as may be determined by the Minister from time to time with the approval of the Minister for Finance. (4) A reference in paragraph (b) of subsection (3) shall not include a reference to an employee director. (5) Notwithstanding anything contained in this section, a person who immediately before the commencement of this Act held office as a director of the company shall, subject to section 33 and the terms and conditions upon which he or she was appointed, continue in office as such director until the expiration of the period for which he or she was appointed, as if this Act had not been passed. Principal objects of company. 23.—(1) The principal objects of the company shall be, and shall be stated in its memorandum of association to be— (a) to own, either in whole or in part, or manage, alone or jointly with another person, airports whether within the State or not, (b) to take all proper measures for the safety, security, management, control, regulation, operation, marketing and development of its airports, (c) to provide such facilities, services, accommodation and lands at airports owned or managed by the company for aircraft, passengers, cargo and mail as it considers necessary, (d) to promote investment at its airports, (e) to engage in any business activity, either alone or in conjunction with other persons and either within or outside the State, that it considers to be advantageous to the development of the company, and (f) to utilise, manage and develop the human and material resources available to it in a manner consistent with the objects aforesaid. (2) Nothing in this section shall prevent or restrict the inclusion among the objects of the company as stated in its memorandum of association of all such objects and powers as are reasonably necessary or proper for, or incidental or ancillary to, the due attainment of the principal objects of the company and are not inconsistent with this Act. (3) The company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or in its memorandum of association and is not inconsistent with any enactment for the time being in force. General duties of company. 24.—(1) It shall be the general duty of the company— (a) to conduct its affairs so as to ensure that the revenues of the company are not less than sufficient taking one year with another to— (i) meet all charges which are properly chargeable to its revenue account, (ii) generate a reasonable proportion of the capital it requires, and (iii) remunerate its capital and pay interest on and repay its borrowings, (b) to take such steps either alone or in conjunction with other persons as are necessary for the efficient operation, safety, management and development of its airports, (c) to conduct its business at all times in a cost-effective manner, and (d) to regulate operations within its airports. (2) Nothing in section 23 , this section or the memorandum of association of the company shall be construed as imposing on the company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject. (3) In carrying out its functions, the company shall have regard to— (a) the development of air transport, (b) any policy, financial or other guidelines given by the Minister to the company, in relation to the functions conferred on the company by or under this Act, and (c) the safety standards in relation to the operation of aircraft and air navigation applied and enforced by the Authority. Conferral of additional functions on company. 25.—(1) The Minister may, with the consent of the Minister for Finance, and after consultation with such other Minister of the Government (if any) as he or she considers appropriate, by order, confer on the company such additional functions connected with the functions for the time being of the company as he or she thinks fit subject to such conditions (if any) as may be specified in the order. (2) An order under this section may contain such incidental and supplementary provisions as may, in the opinion of the Minister, be necessary to give full effect to the order. Appropriation of part of company's airports to use of other persons. 26.—(1) The company may appropriate any part of an airport vested in it by section 14 or owned or managed by the company in accordance with section 16 to the use of any person for the purposes of any trade, profession or other activity in consideration of the payment to it of such charges and in accordance with such conditions as the company considers reasonable. (2) No person shall be entitled to engage in any trade or profession in an airport referred to in subsection (1) without the consent of the company. (3) A person who contravenes subsection (2) shall be guilty of an offence. Chairperson of board of directors. 27.—(1) The chairperson of the board of directors of the company (hereafter referred to in this Act as “the chairperson”) shall be appointed by the Minister, with the consent of the Minister for Finance. (2) The chairperson shall be appointed for a period not exceeding 5 years and shall be eligible for reappointment. (3) The chairperson may be removed from office at any time by the Minister with the consent of the Minister for Finance. (4) The chairperson shall hold office upon such terms and conditions as the Minister may, with the consent of the Minister for Finance, determine. (5) A person who immediately before the commencement of this Act held office as chairperson (whether so described or otherwise) of the company shall, subject to the terms and conditions upon which that person was appointed, continue in office as such chairperson until the expiration of the period for which that person was appointed as if this Act had not been passed. Directors and chairpersons of subsidiaries of the company. 28.—(1) Notwithstanding anything contained in the Companies Acts, the directors of the board of any subsidiary which the Minister by direction in writing specifies shall be appointed, and may be removed from office, by the chairperson with the prior written consent of the Minister. (2) Notwithstanding anything contained in the Companies Acts, the chairperson (whether so described or otherwise) may, on his or her own nomination, and, with the consent in writing of the Minister, be appointed to be chairperson of a subsidiary and may be removed from office by the Minister. (3) A person who immediately before the commencement of this Act held office as a director or chairperson (whether so described or otherwise) of the board of directors of a subsidiary shall, subject to section 33 and the terms and conditions upon which that person was appointed, continue in office as such director or chairperson until the expiration of the period for which that person was appointed director or chairperson as if this Act had not been passed. (4) For the purposes of this section, “subsidiary” means a company all of the issued shares in the share capital of which are held by or on behalf of the company. Chief Executive. 29.—(1) There shall be a chief executive of the company (who shall be known as and is referred to in this section as “the Chief Executive”). (2) The Chief Executive shall be appointed and may be removed from office by the directors of the company. (3) Notwithstanding anything contained in this section, the person who immediately before the commencement of this Act held office as the Chief Executive of the company shall continue in office as such Chief Executive until the expiration of the period for which that person was appointed as if this Act had not been passed. (4) The Chief Executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the directors of the company with the consent of the Minister given with the approval of the Minister for Finance. (5) The Chief Executive shall be ex officio a director of the company. Accounts and audits. 30.—(1) Without prejudice to the requirements of the Companies Acts in relation to balance sheets and accounts, the company shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all money received by or expended by it, including a profit and loss account, an account showing the derivation of the funds of the company and the purposes to which they are applied (referred to in subsection (2) as “the cash flow statement”) and a balance sheet and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister may from time to time direct. (2) Accounts kept in pursuance of subsection (1) shall be submitted annually by the company to an auditor for audit and, immediately after such audit, copies of the profit and loss account, the cash flow statement, the balance sheet, such other (if any) of the accounts kept by the company as the Minister may direct, the auditor's report on the accounts and the directors' report to the shareholders for the accounting year in question, shall be presented by the company to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas. (3) The company shall, if so required by the Minister, furnish to the Minister such information as he or she may require in respect of any balance sheet or other account or any report of the company or any of its subsidiaries or in relation to the policy and operations (other than day-to-day operations) of the company or any of its subsidiaries. Chairperson's report. 31.—(1) The chairperson shall, immediately after an audit referred to in subsection (2) of section 30 , make a report in writing to the Minister of the company's activities and those of any subsidiaries during that year. (2) A report under this section shall include— (a) a statement of all significant developments involving the company which occurred in that year (including the acquisition of shares or establishment of subsidiaries by the company), (b) a description of the matters the chairperson anticipates will arise in the accounting year next following the said year (or, where the chairperson considers it appropriate in any particular case, any subsequent accounting year) which may affect the company to any significant extent, (c) a statement, to the best of the chairperson's knowledge or belief, as to whether each of the following, as respects the company, has been complied with or adhered to, that is to say— (i) the requirements of this Act, or any other enactment in relation to the accounts of the company and statements as to the financial affairs of the company, (ii) guidelines issued by the Government, the Minister or the Minister for Finance in relation to the accounts of State enterprises or statements in respect of the financial affairs of the company, (iii) section 34 , (iv) any code of conduct for the directors and members of staff of State enterprises issued by the Government, the Minister or the Minister for Finance, (v) regulations for the time being in force under the European Communities Act, 1972 , or guidelines issued by the Government, the Minister or the Minister for Finance, in relation to the entering by a public authority into a contract with any person for the provision of goods or services by that person to such authority, (vi) any guidelines issued by the Government, the Minister or the Minister for Finance in relation to the remuneration to be paid by State enterprises to their chief executives, (d) where anything referred to in paragraph (c) is stated not to have been complied with, an explanation (so far as the chairperson is in a position to give one) as to why there was a failure to comply with it. (3) In this subsection “State enterprise” means a company (within the meaning of the Companies Acts) one or more shares in the shareholding of which is held by a Minister of the Government and the principal objects of which (as stated in its memorandum of association) are prescribed in whole or in part by statute. Superannuation schemes. 32.—(1) The company may prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the company or subsidiaries of the company (including the Chief Executive) as it may think fit, and such scheme shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the company in accordance with its terms. (2) Every scheme to which subsection (1) relates shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons. (3) Every scheme under this section, including a scheme under this subsection, may be amended or revoked by a subsequent scheme prepared, submitted and approved in the like manner as a scheme to which subsection (1) relates. (4) A scheme prepared and submitted by the company under subsection (3) shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the company in accordance with its terms. (5) Nothing in this section shall be deemed to invalidate an existing scheme. (6) A scheme amending or revoking an existing scheme shall not be carried out by the company unless it has been approved by the Minister with the consent of the Minister for Finance. (7) No superannuation benefit shall be granted by the company nor shall any other arrangements be entered into by the company for the provision of such a benefit to or in respect of a member of the staff of the company or a subsidiary of the company otherwise than— (a) in accordance with a scheme under this section or an existing scheme, or (b) with the approval of the Minister given with the consent of the Minister for Finance. (8) The company shall, on the commencement of a scheme under subsection (1), establish a fund (in this section referred to as the “new fund”), administered by trustees who shall be appointed by the company, from which superannuation benefits payable under such scheme shall be paid. (9) On the commencement of a scheme under subsection (1) (in this section referred to as the “new scheme”)— (a) those members and former members of the staff of the company or subsidiaries of the company who immediately before such commencement were members of the old scheme shall become and be members of the new scheme and shall cease to be members of the old scheme, (b) an amount bearing the same proportion to the assets of the old scheme as, in the opinion of the trustees of the old scheme on the advice of the actuary of the old scheme, the liabilities under the old scheme— (i) in respect of the members of the old scheme referred to in paragraph (a), and (ii) in respect of deceased members, bear to the total liabilities under the old scheme, shall be transferred by the said trustees from the old fund to the new fund, and (c) any period of service by a person with the company or a subsidiary of the company which was a period of reckonable service for the purposes of the old scheme shall be regarded as a period of reckonable service for the purposes of the new scheme. (10) Superannuation benefits granted under the new scheme to persons who immediately before the commencement of such scheme were members of the old scheme and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled under the old scheme. (11) (a) Where a dispute arises between the trustees of the old scheme and the company or other company participating in the old scheme as to the amount transferred from the old fund to the new fund under subsection (9)(b), or as to the manner in which such amount has been calculated, the matter may be referred to a person who shall be nominated by the parties to the dispute or, if they are unable to agree as to the person to be nominated for that purpose, to a person who shall be nominated by the Minister. (b) The decision of a person nominated under paragraph (a) shall be final. (12) The spouse, child or dependant of a deceased member who immediately before the commencement of the new scheme was entitled to receive superannuation benefits under the old scheme shall be entitled to receive superannuation benefits under the new scheme on terms and conditions not less favourable to such spouse, child or dependant than those applicable to him or her under the old scheme. (13) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her. (14) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly without prejudice to anything previously done thereunder. (15) The trustees of the old scheme shall, as soon as is practicable after the commencement of the new scheme but subject to the approval of the Minister with the consent of the Minister for Finance, make such amendments to the old scheme as they deem necessary arising out of the operation of this section. (16) In this section— “deceased member” means, subject to subsection (17), a deceased member of the old scheme who was a member of the staff of the company or a subsidiary of the company; “existing scheme” means— (a) the old scheme, or (b) a scheme for the granting of superannuation benefits to or in respect of any members of the staff of Aer Rianta International cuideachta phoiblí theoranta or Great Southern Hotels Limited, in operation at the commencement of this Act, and includes, where the context so admits, a reference to that scheme as amended by a scheme to which subsection (6) relates, as may be appropriate; “the old fund” means the fund established in respect of the old scheme; “the old scheme” means the scheme for the granting of superannuation benefits, to or in respect of any members of the staff of the company or a subsidiary of the company (other than Aer Rianta International cuideachta phoiblí theoranta or Great Southern Hotels Limited), in operation at the commencement of this Act and includes, where the context so admits, a reference to that scheme as amended by a scheme to which subsection (6) relates. (17) In this section, a reference to former members of the staff of the company or subsidiaries of the company, or deceased members, shall not include a reference to such former members or deceased members, as the case may be, who after ceasing to be members of the staff of the company or a subsidiary of the company became and were members of the staff of a company, other than the company or a subsidiary of the company, participating in the old scheme. Membership of either House of Oireachtas or European Parliament. 33.—(1) Where a director of the company or a subsidiary of the company is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to the European Parliament, or (c) regarded pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to such Parliament to fill a vacancy, he or she shall thereupon cease to be a director of the company or subsidiary of the company, as the case may be. (2) Where a person employed by the company or a subsidiary of the company is— (a) nominated as a member of Seanad Éireann, or (b) elected as a member of either House of the Oireachtas or to the European Parliament, or (c) regarded pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to such Parliament to fill a vacancy, he or she shall thereupon stand secon …