Air Navigation and Transport Act, 1946

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AIR NAVIGATION AND TRANSPORT ACT, 1946.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Section 1

Short title and collective citation.

Section 2

Interpretation.

Section 3

Application to State aircraft.

Section 4

Saving for lighthouse authorities.

Section 5

General provisions in relation to orders made by the Minister.

Section 6

Regulations and directions.

Section 7

Expenses.

PART II.

Provisions in Relation to Chicago Convention.

Section 8

Coming into operation of the Chicago Convention.

Section 9

Power to give effect to the Chicago Convention.

Section 10

Power to apply Chicago Convention to internal flying.

Section 11

Special provisions which may be made by order of the Minister.

Section 12

Power to compel compliance when aircraft disobeys signals.

Section 13

Penalties.

Section 14

Fees on certificates and licences.

Section 15

Expenses of International Civil Aviation Organisations.

Section 16

Detention of aircraft.

Section 17

Exemption in respect of infringements of patents, etc., by certain foreign aircraft.

PART III.

Miscellaneous Amendments of the Principal Act.

Section 18

Transfer to Minister of powers of Government under sections 10, 11, 12 and 63 of the Principal Act, and consequential amendment of section 5 of the Principal Act.

Section 19

Amendment of section 79 of the Principal Act.

PART IV.

Provisions in Relation to Aer Rianta, Teoranta.

Section 20

Definitions for purposes of Part IV.

Section 21

Increase of capital of the Company.

Section 22

Power of Minister for Finance to acquire new shares by subscription and to underwrite issue of shares.

Section 23

Provisions in respect of new shares held by the Minister for Finance.

Section 24

Advances of moneys out of the Central Fund.

Section 25

Extension of objects of the Company.

Section 26

Directors.

Section 27

Alteration of memorandum and articles of association of the Company.

PART V.

Provisions in Relation to Aer Lingus, Teoranta.

Section 28

Alteration of memorandum of association of Aer Lingus, Teoranta.

Acts Referred to Air Navigation and Transport Act, 1936 No. 40 of 1936 Air Navigation and Transport (Amendment) Act, 1942 No. 10 of 1942 Industrial and Commercial Property (Protection) Act, 1927 No. 16 of 1927 Industrial and Commercial Property (Protection) (Amendment) Act, 1929 No. 13 of 1929 Air Navigation and Transport (Amendment) Act, 1942 No. 16 of 1942 Number 23 of 1946.

AIR NAVIGATION AND TRANSPORT ACT, 1946.

AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION OPENED FOR SIGNATURE AT CHICAGO ON THE 7th DAY OF DECEMBER, 1944, TO AMEND THE AIR NAVIGATION AND TRANSPORT ACT, 1936 , TO PROVIDE FOR CERTAIN MATTERS IN RELATION TO AER RIANTA, TEORANTA AND AER LINGUS, TEORANTA, AND TO PROVIDE FOR OTHER MATTERS (INCLUDING THE CHARGING OF FEES) CONNECTED WITH THE MATTERS AFORESAID. [31st July, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Air Navigation and Transport Act, 1946.

Interpretation.

2.—(1) In this Act— the expression “the Chicago Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December, 1944, and includes any amendment of the said Convention which may be made under Article 94 thereof; the expression “Irish aircraft” means aircraft registered in the State; the expression “the Minister” means the Minister for Industry and Commerce; the expression “the operative date” means the date of the passing of this Act; the word “prescribed” means prescribed by an order made by the Minister under this Act; the expression “the Principal Act” means the Air Navigation and Transport Act, 1936 (No. 40 of 1936), as adapted in consequence of the enactment of the Constitution and as amended by the Air Navigation and Transport (Amendment) Act, 1942 (No. 10 of 1942).

Application to State aircraft.

3.—(1) Subject to the provisions of this section, this Act shall not apply to any State aircraft.

Saving for lighthouse authorities.

4.—Nothing in this Act or any order made thereunder shall prejudice or affect the rights, powers or privileges of any general or local lighthouse authority.

General provisions in relation to orders made by the Minister.

5.—(1) An order made by the Minister under this Act may be made applicable to any aircraft in or over the State or to Irish aircraft wherever they may be.

Regulations and directions.

6.—The Minister may make regulations or give directions in relation to any matter in respect of which the Minister is authorised by an order made by the Minister under this Act to make regulations or give directions for carrying out the purposes of such order.

Expenses.

7.—All expenses incurred by the Minister in the execution 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.

PART II.

Provisions in Relation to the Chicago Convention.

Coming into operation of the Chicago Convention.

8.—The Chicago Convention shall come into operation in the State on such day as the Minister may by order fix (which said order the Minister is hereby authorised to make).

Power to give effect to the Chicago Convention.

9.—The Minister may from time to time make such orders as appear to him necessary or expedient for carrying out the Chicago convention and for giving effect thereto or to any of the provisions thereof and every such order shall have the force of law in the State.

Power to apply Chicago Convention to internal flying.

10.—The Minister may from time to time by order direct that the provisions of the Chicago Convention for the time being in force, or any of them, and whether or not those provisions are limited to aircraft of any special description or engaged in any special kind of navigation, shall apply to or in relation to any aircraft in or over the State and whenever any such order is made such of the said provisions as are specified in such order shall apply to or in relation to any aircraft in or over the State.

Special provisions which may be made by order of the Minister.

11.—Without prejudice to the generality of the powers conferred by sections 9 and 10 of this Act, the Minister may by order made under either of the said sections make provision— (a) prescribing the authority by which any of the powers exercisable under the Chicago Convention by a contracting State or by any authority therein are to be exercised in the State; (b) for the licensing, inspection and regulation of aerodromes, for access to aerodromes and places where aircraft have landed, for access to aircraft factories for the purpose of inspecting the work therein carried on, for prohibiting or regulating the use of unlicensed aerodromes, and for the licensing of personnel employed at aerodromes in the inspection or supervision of aircraft; (c) as to the manner and conditions of the issue and renewal of any certificate or licence required by the order or by the Chicago Convention, including the examination and tests to be undergone, and the form, custody, producduction, cancellation, suspension, endorsement and surrender of any such certificate or licence; (d) as to the registration of aircraft in the State; (e) as to the conditions under which aircraft may be used for carrying passengers and goods; (f) as to the conditions under which aircraft may pass or passengers or goods may be conveyed by aircraft, into or from the State or from one part of the State to another; (g) exempting from the provisions of the order or of the Chicago Convention, or any of them, aircraft flown for experimental purposes, or any other aircraft or persons where it appears that the same should not apply; (h) prescribing the scales of charges at licensed aerodromes; (i) appointing any area to be a prohibited area for the purposes of the order; (j) prescribing the fees to be paid in respect of the grant of any certificate or licence or otherwise for the purposes of the order or the Chicago Convention; (k) supplementing the Chicago Convention, in such manner as appears necessary or convenient by regulations designed to promote the safety of aircraft and of persons and property carried therein, and to prevent aircraft endangering other persons and property; (l) for the control and regulation of aerial lighthouses, lights at or in the neighbourhood of aerodromes and aerial lighthouses and lights which are liable to endanger aircraft; (m) regulating the making of signals and other communications by or to aircraft and persons carried therein, and regulating the use of any ensign established for purposes connected with air navigation;

(n) prescribing any matter or thing referred to in this Part of this Act as prescribed.

Power to compel compliance when aircraft disobeys signals.

12.—If any aircraft flies or attempts to fly over any area appointed as a prohibited area under or by virtue of an order made under this Part of this Act or enters or attempts to enter the State in contravention of any such order, the following provisions shall have effect, that is to say:— (a) it shall be lawful for any officer designated for the purpose by such order to cause such signal as may be prescribed by such order to be given, and (b) if, after such signal has been given, the aircraft fails to respond to such signal by complying with the provisions of such order prescribing the action to be taken on such signal being given, it shall be lawful for such officer to fire at or into such aircraft and to use any and every other means at his disposal to compel compliance; (c) no action or other legal proceedings whatsoever, whether civil or criminal, shall be instituted in any court in the State in respect of the doing of anything authorised to be done by any such officer under this section, whether such doing is done personally or by a person acting in aid of or under the direction of such officer.

Penalties.

13.—(1) If— (a) an aircraft flies in contravention of any instrument to which this section applies or any provision of any such instrument, or (b) an aircraft fails to comply with any instrument to which this section applies or any provision of any such instrument, or (c) any act is committed in respect of any aircraft which is a contravention of any provisions of an instrument to which this section applies or is deemed by any such instrument to be such contravention, then, the owner or hirer (not being the State) of such aircraft and also the pilot or commander thereof shall be deemed to have contravened or, as the case may be, failed to comply with such instrument.

Fees on certificates and licences.

14.—The following provisions shall have effect in relation to all fees payable under this Part, that is to say— (a) such fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance, and (b) the Public Offices (Fees) Act, 1879, shall not apply in respect of such fees.

Expenses of International Civil Aviation Organisations.

15.—Any sums required for the contribution from the State for the organisation and operations of— (a) the Provisional International Civil Aviation Organisation set up under the Interim Agreement on International Civil Aviation opened for signature at Chicago on the 7th day of December, 1944, or (b) the International Civil Aviation Organisation set up under the Chicago Convention, shall be paid by the Minister out of moneys provided by the Oireachtas.

Detention of aircraft.

16.—(1) The Minister may by order provide for the detention of aircraft to secure compliance with the Chicago Convention or any order made under this Part or any regulation made or direction given under any such order.

Exemption in respect of infringements of patents, etc by certain foreign aircraft.

17.—(1) Where— (a) a foreign aircraft to which this section applies makes, while engaged in international air navigation, an authorised entry into the territory of the State or an authorised transit across such territory with or without landing, and (b) the construction, mechanism, parts, accessories or operation of the aircraft infringe any patent, design or model duly granted or registered in the State, then, notwithstanding anything in the Act of 1927, no action or proceedings shall lie or be taken in respect of such infringement.

PART III.

Miscellaneous Amendments of the Principal Act.

Transfer to Minister of powers of Government under sections 10 , 11 , 12 and 63 of the Principal Act, and consequential amendment of section 5 of the Principal Act.

18.—(1) On the operative date, the powers conferred on the Government by sections 10 , 11 , 12 and 63 of the Principal Act shall, by virtue of this section, be transferred to, and vest in, the Minister.

Amendment of section 79 of the Principal Act.

19.—(1) Subsection (3) of section 79 of the Principal Act shall be construed and have effect— (a) as if the words “seven hundred and fifty thousand pounds” were substituted for the words “five hundred thousand pounds”, (b) as if for the reference therein to five years from the date of the passing of the Principal Act there were substituted a reference to five years from the date of the passing of this Act.

PART IV.

Provisions in Relation to Aer Rianta, Teoranta.

Definitions for purposes of Part IV.

20.—In this Part— the expression “the Company” means Aer Rianta, Teoranta, being the Company formed in pursuance of section 68 of the Principal Act; the expression “new shares” means shares of the Company the issue of which is authorised under section 21 of this Act; the expression “old shares” means shares of the Company issued under the Principal Act.

Increase of capital of the Company.

21.—(1) Notwithstanding anything to the contrary contained in the Principal Act, or the memorandum or articles of association of the Company, it shall be lawful for the Company to increase its capital to a total of £2,000,000 (two million pounds) divided into two million shares of one pound each, and for that purpose to make such alterations as may be requisite in its memorandum and articles of association and, in particular, to make such alterations in its memorandum and articles of association as may be necessary to authorise the directors to issue shares of one pound each ranking pari passu with the old shares.

Power of Minister for Finance to acquire new shares by subscription and to underwrite issue of shares.

22.—(1) The Minister for Finance may from time to time take up by subscription any class or classes of the new shares.

Provisions in respect of new shares held by the Minister for Finance.

23.— Sections 73 , 74 and 77 of the Principal Act shall apply to new shares held by the Minister for Finance in like manner as they apply to old shares held by him.

Advances of moneys out of the Central Fund.

24.—(1) All moneys from time to time required by the Minister for Finance to meet payments required to be made by him to the Company in respect of any new shares subscribed for or taken up by him under this Act shall be advanced out of the Central Fund or the growing produce thereof.

Extension of objects of the Company.

25.—(1) Paragraph 3 of the Second Schedule to the Principal Act is hereby amended by the substitution of the following subparagraph for subparagraph (b), that is to say— “(b) the principal objects of the Company shall include— (i) the establishment, maintenance and working of lines of aerial conveyances between places in the State and between the State and other countries either directly or by means of Aer Lingus, Teoranta and other air transport undertakings (in this paragraph referred to as controlled air transport undertakings) in which the Company has a controlling interest, (ii) the acquisition and holding of shares in Aer Lingus, Teoranta, (iii) the promotion of and holding of shares in controlled transport undertakings and in aircraft maintenance, repair and manufacture undertakings, (iv) the holding of shares in and the making of working arrangements with air transport undertakings (other than controlled air transport undertakings) and aircraft maintenance, repair and manufacture undertakings, (v) the giving, with the consent of the Minister for Finance, financial or other assistance to air transport undertakings and aircraft maintenance, repair and manufacture undertakings.”

Directors.

26.—Paragraph 4 of the Second Schedule to the Principal Act is hereby amended by the substitution of the following subparagraphs for subparagraphs (a) and (b), that is to say:— “(a) the number of the directors of the Company shall be not more than seven nor less than three, (b) so long as the Minister for Finance holds not less than one-tenth (in nominal value) of the issued shares of the Company or so long as any debentures of the Company guaranteed by the said Minister under this Act are outstanding, a majority of the directors of the Company shall be nominated by the said Minister after consultation with the Minister for Industry and Commerce.”

Alteration of memorandum and articles of association of the Company.

27.—(1) In addition to the alterations specificially authorised by this Part to be made in the memorandum and articles of association of the Company, it shall be lawful for the Company to make all such alterations in its memorandum and articles of association as are necessary or proper by way of supplement to, or in consequence of, any alteration so specifically authorised and also such other alterations as shall be necessary or proper to give effect to the provisions of this Part.

(4)

Section 9

of the Companies (Consolidation) Act, 1908 , shall not apply in respect of any alteration authorised by this Part to be made by the Company in its memorandum of association and in lieu thereof it is hereby enacted that every such alteration may be made by extraordinary resolution, as defined by section 69 of the said Act, and that, in addition to complying with section 70 of the said Act, the Company shall, within the time mentioned in the said section 70, deliver to the registrar of companies a printed copy of the memorandum as so altered and the said registrar shall register it and certify the registration under his hand, and such certificate shall be conclusive evidence that all the requirements of the said Act, as amended by this sub-section with respect to such alteration, have been complied with and thenceforth the memorandum as so altered shall be the memorandum of the Company.

PART V.

Provisions in relation to Aer Lingus, Teoranta.

Alteration of memorandum association of Aer Lingus Teoranta.

28.—Notwithstanding anything contained in the Companies (Consolidation) Act, 1908 , Aer Lingus, Teoranta may, by extraordinary resolution, as defined by section 69 of the said Act, alter its memorandum of association by deleting clauses 6 and 7 thereof.

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