Air Companies Act, 1966
What is this act about?
Is éard atá sa dlí seo ná foráil a dhéanamh maidir le scaireanna áirithe de chuid Aer Lingus agus Aerlinte a aistriú chuig an Aire Airgeadais, agus maidir le soláthar airgid agus ráthaíochtaí iasachtaí do na haerchuideachtaí sin. Déanann sé freisin forálacha eile a bhaineann leis na cuideachtaí sin.
Who it applies to: Aer Lingus, Teoranta; Aerlinte Éireann, Teoranta.
At a glance
- Country
- Ireland
- Area of law
- Other legislation
- Articles
- 23
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Aistriú scaireanna Aer Lingus agus Aerlinte a bhí i seilbh Aer Rianta chuig an Aire Airgeadais.
- Aistriú scaireanna agus stoc bannaí áirithe eile ó Aer Rianta chuig Aerlinte.
- Laghdú ar scairchaipiteal Aer Rianta.
- Foráil a dhéanamh d'airleacain agus ráthaíochtaí iasachtaí ón Aire Airgeadais d'Aer Lingus agus d'Aerlinte.
Who does this act apply to?
- Aer Lingus, Teoranta
- Aerlinte Éireann, Teoranta
- Aer Rianta, Teoranta
- An tAire Airgeadais
- An tAire Iompair agus Cumhachta
What are the key points?
- Aistríodh scaireanna Aer Lingus agus Aerlinte a bhí i seilbh Aer Rianta chuig an Aire Airgeadais.
- Aistríodh scaireanna agus stoc bannaí de chuid Irish and Intercontinental Hotels, Limited, ó Aer Rianta chuig Aerlinte.
- Laghdófar scairchaipiteal Aer Rianta go seasca míle punt, roinnte ina seasca míle scair de phunt an ceann.
- Féadfaidh an tAire Airgeadais airleacain suas le £1 mhilliún a thabhairt d'Aer Lingus agus suas le £1 mhilliún d'Aerlinte.
- Féadfaidh an tAire Airgeadais iasachtaí a ráthú d'Aer Lingus agus d'Aerlinte, le teorainneacha sonracha ar na méideanna.
Other legislation
Legal text
Legal text
Air Companies Act, 1966 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 1966 Air Companies Act, 1966 Air Companies Act, 1966 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 Print Full ActPriontáil an tAcht Iomlán Number 4 of 1966.
AIR COMPANIES ACT, 1966 ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
Transfer of shares held by Aer Rianta and reduction of its share capital.
Section 3
Transfer of £700,000 from Aer Rianta to Aer Lingus and issue of shares of Aer Lingus to value of £700,000 to Minister for Finance.
Section 4
Advances to Aer Lingus and Aerlinte by Minister for Finance.
Section 5
Guarantee by Minister for Finance of borrowings by Aer Lingus and Aerlinte.
Section 6
Vesting in Minister for Finance upon death of director of an air company of director's share.
Section 7
Provision of moneys for payments under the Act out of the Central Fund.
Section 8
Exercise by Minister for Finance of right or power exercisable by holder of shares of the air companies.
Section 9
Payment of dividends, etc., into Exchequer.
Section 10
Restriction on issue of shares of the air companies.
Section 11
Borrowing by the air companies.
Section 12
Directors of the air companies.
Section 13
Chairmen of the boards of directors of the air companies.
Section 14
Membership of either House of the Oireachtas by directors, officers and servants of the air companies.
Section 15
Alteration of memoranda and articles of association of the air companies.
Section 16
Restriction on alteration of memoranda and articles of association of the air companies.
Section 17
Furnishing of accounts to Minister.
Section 18
Appointment of auditors by the air companies.
Section 19
Exemption from stamp duty.
Section 20
Approval by Minister of superannuation schemes for officers and servants of the air companies.
Section 21
Repeals.
Section 22
Expenses.
Section 23
Short title and commencement.
SCHEDULE Enactments Repealed Acts Referred to Companies Act, 1963 1963, No. 33 Air Navigation and Transport Act, 1961 1961, No. 25 Air Navigation and Transport Act, 1936 1936, No. 40 Number 4 of 1966.
AIR COMPANIES ACT, 1966 AN ACT TO PROVIDE FOR THE TRANSFER TO THE MINISTER FOR FINANCE OF THE SHARES OF AER LINGUS, TEORANTA, AND AERLINTE EIREANN, TEORANTA, HELD BY AER RIANTA, TEORANTA, AND THE TRANSFER TO AERLINTE EIREANN, TEORANTA, OF CERTAIN OTHER SHARES AND DEBENTURE STOCK HELD BY AER RIANTA, TEORANTA, TO PROVIDE FOR A REDUCTION OF THE SHARE CAPITAL OF AER RIANTA, TEORANTA, TO ENABLE THE MINISTER FOR FINANCE TO TAKE UP SHARES OF AER LINGUS, TEORANTA, TO THE VALUE OF £700,000, TO PROVIDE FOR THE MAKING OF ADVANCES TO AND THE GUARANTEEING OF SUMS BORROWED BY AER LINGUS, TEORANTA, AND AERLINTE EIREANN, TEORANTA, TO MAKE FURTHER AND OTHER PROVISION IN RELATION TO THE SAID COMPANIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [16th February, 1966.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions.
1.—In this Act— “Aer Lingus” means Aer Lingus, Teoranta; “Aerlinte” means Aerlinte Eireann, Teoranta; “Aer Rianta” means Aer Rianta, Teoranta; “the air companies” means Aer Lingus, Aerlinte and Aer Rianta and “air company” shall be construed accordingly; “the Minister” means the Minister for Transport and Power.
Transfer of shares held by Aer Rianta and reduction of its share capital.
2.—Notwithstanding anything contained in the Companies Act, 1963 , or the memorandum or articles of association of Aer Rianta, on the commencement of this Act— (a) the shares of Aer Lingus and Aerlinte held by Aer Rianta immediately before such commencement shall stand transferred to the Minister for Finance, (b) the ordinary shares and mortgage debenture stock of Irish and Intercontinental Hotels, Limited, held by Aer Rianta immediately before such commencement shall stand transferred to Aerlinte, and Aerlinte shall issue to the Minister for Finance, and that Minister may take up without payment therefor, two hundred and eighty-four thousand, three hundred and seven shares of one pound each of Aerlinte, and (c) the share capital of Aer Rianta shall stand reduced to sixty thousand pounds divided into sixty thousand shares of one pound each and the number of shares of the company held by the Minister for Finance shall stand reduced to fifty-one thousand, two hundred and sixty-one.
Transfer of £700,000 from Aer Rianta to Aer Lingus and issue of shares of Aer Lingus to value of £700,000 to Minister for Finance.
3.—As soon as may be after the commencement of this Act Aer Rianta shall transfer to Aer Lingus the sum of seven hundred thousand pounds advanced to Aer Rianta by the Minister for Finance upon the 12th day of May, 1965, and upon such transfer— (a) subsection (3) of section 3 and sections 5 and 6 of the Air Navigation and Transport Act, 1961 , shall stand repealed and shall be deemed never to have applied in relation to the said sum of seven hundred thousand pounds, and (b) in addition to the shares of Aer Lingus transferred to the Minister for Finance by section 2 of this Act, Aer Lingus shall issue to the Minister for Finance and that Minister may take up without payment therefor any class or classes of shares of Aer Lingus to the nominal value of seven hundred thousand pounds.
Advances to Aer Lingus and Aerlinte by Minister for Finance.
4.—(1) For the purpose of enabling Aer Lingus to perform its functions the Minister for Finance may, on the recommendation of the Minister, advance from time to time to that company such sums not exceeding one million pounds as it may from time to time request.
Guarantee by Minister for Finance of borrowings by Aer Lingus and Aerlinte.
5.—(1) The Minister for Finance may, after consultation with the Minister, guarantee in such form and manner and in such moneys (including moneys in a currency other than the currency of the State) and on such terms and conditions as he thinks fit, the due repayment of moneys borrowed either before or after the commencement of this Act by Aer Lingus or Aerlinte or the payment of interest on such moneys or both the repayment of the principal and the payment of the interest.
Vesting in Minister for Finance upon death of director of an air company of director's share.
6.—Notwithstanding anything in section 2 of this Act, upon the retirement or death of a director of an air company or upon the office of a director of an air company becoming vacated in accordance with the articles of association of the company, the share held by such director shall, without the necessity of a transfer, vest in the Minister for Finance upon payment by the said Minister of the nominal value of such share to such former director or his legal personal representative.
Provision of moneys for payments under the Act out of the Central Fund.
7.—(1) All moneys from time to time required by the Minister for Finance to meet sums which may become payable by him under this Act shall be advanced out of the Central Fund or the growing produce thereof.
Exercise by Minister for Finance of right or power exercisable by holder of shares of the air companies.
8.—The Minister for Finance may exercise in respect of the shares of an air company held by him all the rights and powers of a holder of such shares and, where a right or power is exercisable by attorney, exercise it by his attorney.
Payment of dividends, etc., into Exchequer.
9.—All dividends and other moneys received by the Minister for Finance in respect of shares of the air companies shall be paid into or disposed of for the benefit of the Exchequer.
Restriction on issue of shares of the air companies.
10.—Shares of an air company shall not be issued without the consent of the Minister for Finance given after consultation with the Minister.
Borrowing by the air companies.
11.—(1) (a) Each air company may, with (but only with) the consent of the Minister for Finance given after consultation with the Minister, borrow money (including money in a currency other than the currency of the State) upon such terms and conditions as may be approved of by the Minister for Finance by such means as it thinks fit. (b) Without prejudice to the generality of paragraph (a) of this subsection, each air company may, with the consent of the Minister for Finance given after consultation with the Minister, borrow money by means of the creation of stock or other forms of security to be issued, transferred, dealt with and redeemed in such manner and on such terms and conditions as the company borrowing the money may, with the consent aforesaid given after the consultation aforesaid, determine.
Directors of the air companies.
12.—(1) The number of directors of Aer Lingus shall be such number not exceeding seven as the Minister may, with the consent of the Minister for Finance, from time to time determine.
Chairmen of the boards of directors of the air companies.
13.—(1) The chairmen of the boards of directors of the air companies shall be appointed by the Minister with the consent of the Minister for Finance and every chairman shall be a director of the company of whose board of directors he is chairman.
Membership of either House of the Oireachtas by directors, officers and servants of the air companies.
14.—(1) Where a director of an air company is nominated either as a candidate for election to either House of the Oireachtas or as a member of Seanad Éireann, he shall thereupon cease to be a director of the company.
Alteration of memoranda and articles of association of the air companies.
15.—The air companies shall take such steps as may be necessary under the Companies Act, 1963 , to alter their memoranda and articles of association to make them consistent with this Act.
Restriction on alteration of memoranda and articles of association of the air companies.
16.—Notwithstanding anything contained in the Companies Act, 1963 , or in the memorandum or articles of association of an air company, an alteration in the said memorandum or articles shall not be valid or effectual unless made with the previous approval of the Minister given with the consent of the Minister for Finance.
Furnishing of accounts to Minister.
17.—(1) Each air company shall, as soon as may be after the end of every accounting year of the company, furnish to the Minister— (a) a balance sheet as at the end of that accounting year duly audited by the auditor of the company, (b) a profit and loss account for that accounting year duly audited by the auditor of the company, and (c) a copy of the report of the directors of the company to the shareholders of the company for that accounting year.
Appointment of auditors by the air companies.
18.—The appointment by the air companies of auditors shall be subject to the approval of the Minister given after consultation with the Minister for Finance.
Exemption from stamp duty.
19.—Stamp duty shall not be charged in respect of any transfer of property effected by this Act.
Approval by Minister of superannuation schemes for officers and servants of the air companies.
20.—(1) A scheme for the granting of pensions, gratuities or other allowances on retirement to or in respect of any officers or servants of an air company shall not be carried out by the company unless the scheme has been approved of by the Minister following consultation with the Minister for Finance.
Repeals.
21.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.
Expenses.
22.—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.
Short title and commencement.
23.—(1) This Act may be cited as the Air Companies Act, 1966.
SCHEDULE Enactments Repealed
Section 21.
Number and Year Short Title Extent of Repeal No. 40 of 1936.
Air Navigation and Transport Act, 1936 .
Part VIII and the Second Schedule.
No. 10 of 1942.
Air Navigation and Transport (Amendment) Act, 1942.
The whole Act.
No. 23 of 1946.
Air Navigation and Transport Act, 1946.
Part IV
.
No. 4 of 1950.
Air Navigation and Transport Act, 1950.
Section 25.
No. 29 of 1959.
Air Navigation and Transport (No. 2) Act, 1959.
The whole Act.
No. 25 of 1961.
Air Navigation and Transport Act, 1961 .
The whole Act (other than subsection (3) of section 3 and sections 5 and 6 ).
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