Air Navigation (Eurocontrol) Act, 1983

Air Navigation (Eurocontrol) Act, 1983 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 1983 Air Navigation (Eurocontrol) Act, 1983 Air Navigation (Eurocontrol) Act, 1983 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 38 of 1983 AIR NAVIGATION (EUROCONTROL) ACT, 1983 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Privileges of personnel of Organisation and representatives of member states.

Section 3

Enforceability and recognition of determination made in other contracting state.

Section 4

Application for enforcement of determination made in other contracting state.

Section 5

Effect of order for enforcement of determination.

Section 6

Non-recognition or non-enforcement of determination.

Section 7

Proceedings for recovery of sums due to the Organisation.

Section 8

Documents required to accompany request for enforcement of determination.

Section 9

Enforcement of determination by court in the State in other contracting states.

Section 10

Amendment of section 2 of Act of 1963.

Section 11

Detention of aircraft.

Section 12

Amendment of section 10 of Act of 1963.

Section 13

Prosecution of offences by Minister.

Section 14

Amendment of section 12 of Act of 1963.

Section 15

Repeals.

Section 16

Short title, collective citation, construction and commencement.

Acts Referred to Air Navigation (Eurocontrol) Act, 1963 1963, No. 15 Air Navigation (Eurocontrol) Act, 1971 1971, No. 19 Air Navigation (Eurocontrol) Acts, 1963 and 1971.

Number 38 of 1983 AIR NAVIGATION (EUROCONTROL) ACT, 1983 AN ACT TO ENABLE EFFECT TO BE GIVEN TO CERTAIN PROVISIONS OF THE PROTOCOL AMENDING THE EUROCONTROL INTERNATIONAL CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION SIGNED AT BRUSSELS ON THE 12th DAY OF FEBRUARY, 1981, AND TO CERTAIN PROVISIONS OF THE MULTILATERAL AGREEMENT RELATING TO ROUTE CHARGES SIGNED AT BRUSSELS ON THE 12th DAY OF FEBRUARY, 1981, AND FOR THOSE AND OTHER PURPOSES TO AMEND AND EXTEND THE AIR NAVIGATION (EUROCONTROL) ACTS, 1963 AND 1971. [20th December, 1983] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act— “the Act of 1963” means the Air Navigation (Eurocontrol) Act, 1963 ; “the Agreement” means the Multilateral Agreement relating to Route Charges signed at Brussels on the 12th day of February, 1981; “contracting state” means a state, including the State, which is a party to the Agreement; “determination” means a decision of a relevant authority as to whether or not any sum is due to the Organisation in respect of air navigation facilities and services provided by the Organisation or by some other person; “relevant authority” in relation to a contracting state means— (a) any court or tribunal which, under the law of that state, has jurisdiction to determine questions as to whether or not a sum is due to the Organisation in respect of air navigation services provided by the Organisation or by some other person; (b) any administrative authority which, under the law of that state, has the power to make a determination in respect of such questions, being a determination which, in that state, is subject to appeal to, or review by, a court or tribunal; (c) any court or tribunal which, under the law of that state, has jurisdiction to determine any appeal from, or to carry out any review of, a determination made in respect of any such question by another relevant authority;

Privileges of personnel of Organisation and representatives of member states.

2.—Section 3 of the Act of 1963 is hereby amended by the insertion after subsection (6) of the following subsections: “(7) Persons employed by the Organisation shall enjoy inviolability for all their official papers and documents.

Enforceability and recognition of determination made in other contracting state.

3.—Subject to the provisions of this Act, where a relevant authority in a contracting state has made a determination, that determination shall be enforceable or, as the case may be, recognised in the State.

Application for enforcement of determination made in other contracting state.

4.—(1) Every application for the enforcement of a determination made by a relevant authority in a contracting state other than the State shall be made to the High Court.

Effect of order for enforcement of determination.

5.—(1) Whenever an order for the enforcement of a determination has been made pursuant to section 4 of this Act, the determination shall, to the extent to which its enforcement is authorised pursuant to the order of the court, have the same force and effect as if the determination had been made by the High Court and proceedings for or in respect of its enforcement may be taken accordingly.

Non-recognition or non-enforcement of determination.

6.—(1) A determination by a relevant authority in a contracting state other than the State shall not be recognised or enforced in the State if— (a) the contracting state is not the country or one of the countries in which, pursuant to the provisions of section 7 of this Act, proceedings in respect of the sum claimed to be due should have been brought; or (b) the determination is not final; or (c) the determination is manifestly contrary to public policy in the State; or (d) the person against whom the proceedings which resulted in the determination were brought did not, notwithstanding that due notice of the proceedings may have been duly served on him in the contracting state, receive notice of the proceedings in sufficient time to enable him to defend the proceedings or, as the case may be, to apply for the proceedings to be reviewed; or (e) proceedings relating to the same sum have been previously commenced, and are pending, in the State; or (f) the determination is incompatible with the judgement of any court in the State; or (g) the determination involved the application of the rules of private international law relating to a question concerning— (i) the status or legal capacity of natural persons, or (ii) rights of property arising out of a matrimonial relationship, or (iii) wills or the laws relating to succession, (being rules which are different to the corresponding rules of private international law applicable within the State) and the determination was different from the determination which would have been made if the rules of private international law applicable within the State had applied.

Proceedings for recovery of sums due to the Organisation.

7.—(1) Proceedings for the recovery of any sum due to the Organisation in respect of air navigation facilities and services provided by that body, or by any other person, shall be brought against the person liable to pay the sum concerned— (a) if such person's residence or, as the case may be, his registered office, is located in a contracting state, in such contracting state, (b) if such person's residence or, as the case may be, his registered office is not located in a contracting state, in anycontracting state in which such person has a place of business, (c) if such person's residence or, as the case may be, his registered office is not located, or he has no place of business, in a contracting state, in any contracting state in which he has assets, or (d) if such person's residence or, as the case may be, his registered office is not located, or he has no place of business or assets, in a contracting state, in the contracting state in which the Organisation, for the time being, has its headquarters.

Documents required to accompany request for enforcement of determination.

8.—(1) The following documents shall be attached to every application for the enforcement of a determination pursuant to this Act, that is to say— (a) a certified copy of the determination; (b) in the case of a determination by a relevant authority (being a court or tribunal) which is made by default, the original or a certified copy of a document establishing that notice of the proceedings was duly served on the person against whom enforcement is sought; (c) in the case of a determination by a relevant authority which is an administrative authority, a document establishing that the determination was subject to review by a court or tribunal but is no longer so subject because the court or tribunal has made a final decision and has dismissed the appeal or because the appeal has been withdrawn or because the time within which an appeal should be lodged has expired; and (d) documents establishing that the determination is enforceable in the contracting state and that the person against whom enforcement is sought has received notice of the determination in due time.

Enforcement of determination by court in the State in other contracting states.

9.—Any person who wishes to secure the enforcement in another contracting state of a determination made in his favour by a court in the State may, subject to any conditions that may be specified in rules of court, obtain from the registrar or clerk of the court— (a) a certified copy of the determination; (b) in the case of a determination made in default of appearance, the original or a certified copy of a document which establishes that notice of the institution of proceedings was served on the person in default, and (c) a certificate stating:— (i) the nature of the proceedings; (ii) the grounds pursuant to section 7 of this Act on which the court had jurisdiction in the matter; (iii) the date on which the time for the lodging of an appeal against the determination will expire, or, if it has so expired, the date on which it expired; (iv) whether notice of appeal against, or, in any case where the defendant did not appear, a notice to set aside, the determination has been received; (v) the rate of interest, if any, payable on foot of the determination and the date from which it is payable; (vi) such other particulars as may be specified in rules of court.

Amendment of section 2 of Act of 1963.

10.—Section 2 of the Act of 1963 is hereby amended by the substitution for the definition of “the Agency” of the following definition: “‘the Agency’ means the Agency for the safety of air navigation comprised in the Organisation;”.

Detention of aircraft.

11.—Section 9 of the Act of 1963 is hereby amended by the substitution for subsection (1) of the following subsection: “(1) The Minister may by order provide for the detention of aircraft to secure compliance with the Convention or with any order or regulation made under this Act.”.

Amendment of section 10 of Act of 1963.

12.—Section 10 of the Act of 1963 is hereby amended by— (a) the deletion in subsection (1) (c) of “under section 8 of this Act or”, (b) the substitution in subsection (3) for “one hundred pounds” of “seven hundred and fifty pounds”, (c) the substitution in subsection (4) for “ten pounds” of “seventy-five pounds”, and the said subsections, as so amended, are set out in the Table to this section.

TABLE

Prosecution of offences by Minister.

13.—The Act of 1963 is hereby amended by the substitution for section 11 of the following section: “11. An offence under this Act or under any regulations made thereunder may be prosecuted by the Minister.”.

Amendment of section 12 of Act of 1963.

14.—Section 12 of the Act of 1963 (inserted by the Air Navigation (Eurocontrol) Act, 1971 ) is hereby amended by— (a) the substitution in subsection (6) for “one hundred pounds” of “seven hundred and fifty pounds”, and (b) the substitution in subsection (7) for “ten pounds” of “seventy-five pounds”, and the said subsections, as so amended, are set out in the Table to this section.

TABLE

Repeals.

15.—Sections 6, 7, 8, 13 (1) and 13 (2) of the Act of 1963 are hereby repealed.

Short title, collective citation, construction and commencement.

16.—(1) This Act may be cited as the Air Navigation (Eurocontrol) Act, 1983.

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