Air Navigation and Transport Act 2022

Air Navigation and Transport Act 2022 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 2022 Air Navigation and Transport Act 2022 Air Navigation and Transport Act 2022 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 Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 40 of 2022 Air Navigation and Transport Act 2022 CONTENTS PART 1 Preliminary and General Section 1. Short title, commencement, collective citations and construction 2. Interpretation - general 3. Application to state aircraft 4. Regulations, etc. 5. Directions by Minister to IANS 6. Disposal of moneys received by Minister 7. Expenses 8. Repeals PART 2 Formation and Administration of Irish Air Navigation Service 9. Definition - Part 2 10. Formation of Irish Air Navigation Service 11. Alternative or additional names for IANS 12. Capital formation 13. Form of memorandum of association of IANS, etc. 14. Objects of IANS 15. Conferral of additional functions on IANS 16. General duty of IANS 17. Articles of association 18. Restriction on alteration of memorandum or articles of association 19. Issue of shares, and creation of debt due, to Minister for Public Expenditure and Reform in consideration of transfer of property 20. Issue of share to Minister 21. Issue of shares to subscribers to memorandum of association of IANS 22. Exercise of powers by Minister for Public Expenditure and Reform in respect of shares 23. Transfer by Minister for Public Expenditure and Reform of shares 24. Obligation of certain shareholders to hold shares in trust 25. Payment of dividends, etc., into Exchequer 26. Borrowing by IANS and subsidiaries 27. Guaranteeing by Minister for Public Expenditure and Reform of borrowing by IANS 28. Provision of money for payments out of Central Fund 29. Accounts and audits 30. Annual report and giving of information to Minister 31. Disclosure by directors of certain interests 32. Disclosure by members of staff of certain interests 33. Prohibition on unauthorised disclosure of information 34. Membership of either House of Oireachtas or European Parliament 35. Chief Executive 36. Remuneration, etc., of staff 37. Transfer of staff of IAA to IANS 38. Superannuation 39. Acquisition of land and entry onto land by IANS PART 3 Fees and Charges of IANS 40. Charges by IANS in respect of air navigation and aeronautical communications services 41. Other charges by IANS 42. Recoupment by Minister of certain costs of IANS 43. Detention and sale of aircraft by IANS for unpaid air navigation and aeronautical communications services charges PART 4 Provisions in relation to Eurocontrol, International Agreements and Certain Organisations Chapter 1 Provisions in relation to Eurocontrol 44. Venue for proceedings for recovery of sums due to Eurocontrol Chapter 2 Provisions in relation to the International Civil Aviation Organisation, International Agreements and certain organisations 45. Expenses of international organisations 46. Attendance of IANS at meetings of or organised by certain international organisations 47. Indemnification of staff PART 5 Miscellaneous 48. Offences 49. Charge of rates on property of IANS PART 6 Transitional Provisions 50. Continuance of certain instruments 51. Continuance of pending legal proceedings 52. Transfer of land 53. Transfer of other property 54. Transfer of rights and liabilities 55. Transitional financial provisions 56. Liability for loss occurring before vesting day PART 7 Amendment of Irish Aviation Authority Act 1993 57. Amendment of section 2 of Act of 1993 58. Amendment of section 14 of Act of 1993 59. Amendment of section 16 of Act of 1993 60. Amendment of section 17 of Act of 1993 61. Amendment of section 23 of Act of 1993 62. Amendment of section 26 of Act of 1993 63. Amendment of section 27 of Act of 1993 64. Advances and grants by Minister to company 65. Amendments of Act of 1993 - insertion of new sections 29A and 29B 66. Accounts and audits 67. Amendment of section 32 of Act of 1993 68. Annual aviation safety performance statements 69. Amendment of section 38 of Act of 1993 70. Remuneration, etc., of staff 71. Other charges by company 72. Amendment of Act of 1993 - substitution of section 58 73. Amendment of section 59 of Act of 1993 74. Amendment of section 60 of Act of 1993 75. Amendment of Act of 1993 - insertion of new Part IVA 76. Aviation Stakeholders Forum and Licence Holders Charter 77. Crew peer support programmes 78. Amendment of section 67 of Act of 1993 79. Regulations may be made to give effect to certain provisions of EASA Basic Regulation 80. Accountability of company, etc., to Committees of Oireachtas 81. Amendment of section 72 of Act of 1993 82. Amendment of Act of 1993 - insertion of new sections 74A to 74D 83. Substitution of Schedule to Act of 1993 84. Amendment of Act of 1993 - insertion of Schedule PART 8 Restructuring of IAA - supplementary provisions 85. Definitions - Part 8 86. Restructuring of IAA PART 9 Amendment of Air Navigation and Transport (Amendment) Act 1998 87. Amendment of section 13 of Act of 1998 PART 10 Amendment of Aviation Regulation Act 2001, etc. 88. Definition - Part 10 89. Amendment of Act of 2001 90. Amendment of section 2 of Act of 2001 91. Amendment of section 7 of Act of 2001 92. Commission to review market power of airport authorities 93. Amendment of section 10 of Act of 2001 94. Amendment of section 17 of Act of 2001 95. Amendment of section 26 of Act of 2001 96. Amendment of section 27 of Act of 2001 97. Amendment of Act of 2001 - insertion of new sections 27A and 27B 98. Amendment of section 32 of Act of 2001 99. Amendment of section 33 of Act of 2001 100. Minister may review regulation of airport charges by Commission 101. Appeal to High Court 102. Amendment of section 42 of Act of 2001 103. Amendment of section 45A of Act of 2001 104. Directions - Regulations of 2011 105. Repeals and savings PART 11 Dissolution of Commission for Aviation Regulation 106. Definitions - Part 11 107. Dissolution day 108. Dissolution of Commission 109. Transfer of functions to IAA 110. Transfer of staff of Commission to IAA 111. Transfer of land and other property of Commission 112. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by Commission 113. Liability for loss occurring before dissolution day 114. Provisions consequent upon transfer of functions, assets and liabilities to IAA 115. Saving for certain acts 116. Final accounts and final annual report of Commission 117. Continuation in force of Commission superannuation schemes or arrangements 118. Superannuation schemes or arrangements in relation to members of Commission or staff to whom section 117 does not apply SCHEDULE 1 European Regulations under which IANS may impose charges SCHEDULE 2 SCHEDULE 3 Acts Referred to Adoptive Leave Acts 1995 and 2005 Air Navigation (Eurocontrol) Acts 1963 to 1983 Air Navigation and Transport (Amendment) Act 1998 (No. 24) Air Navigation and Transport Act 1946 (No. 23) Air Navigation and Transport Acts 1936 to 1998 Aviation Regulation Act 2001 (No. 1) Aviation Regulation Acts 2001 to 2004 Carer’s Leave Act 2001 (No. 19) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Courts Act 1981 (No. 11) European Assembly Elections Act 1977 (No. 30) European Communities Act 1972 (No. 27) European Communities Act 2007 (No. 18) Foreshore Act 1933 (No. 12) Interpretation Act 2005 (No. 23) Irish Aviation Authority Act 1993 (No. 29) Local Government Act 2001 (No. 37) Maternity Protection Acts 1994 and 2004 Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 (No. 20) Package Holidays and Travel Trade Act 1995 (No. 17) Parental Leave Acts 1998 and 2019 Paternity Leave and Benefit Act 2016 (No. 11) Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Redundancy Payments Acts 1967 to 2014 Terms of Employment (Information) Acts 1994 to 2014 Unfair Dismissals Acts 1977 to 2015 Number 40 of 2022 Air Navigation and Transport Act 2022 An Act to provide for the formation of a company, to be known as Seirbhís Aerloingseoireachta na hÉireann or, in the English language, the Irish Air Navigation Service, to provide air navigation services in relation to civil aviation, to define its functions and to provide for the conferral on it of certain functions of the Irish Aviation Authority; to provide for combining the aviation regulatory functions of the Irish Aviation Authority with the aviation regulatory functions of the Commission for Aviation Regulation; to make consequential and other amendments to the Irish Aviation Authority Act 1993 ; to amend the Aviation Regulation Act 2001 to confer powers on such Commission to review the market power of airport authorities and to enforce the European Communities (Dublin Airport Charges) Regulations 2011 ( S.I. No. 116 of 2011 ); to enable the Minister for Transport to review the regulation of airport charges by such Commission; to provide for the dissolution of such Commission; to amend the Air Navigation and Transport (Amendment) Act 1998 to increase the aggregate at any one time of moneys that may be borrowed under section 13 of that Act in the case of daa and any of its subsidiaries; and to provide for related matters. [7th December, 2022] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, commencement, collective citations and construction 1. (1) This Act may be cited as the Air Navigation and Transport Act 2022. (2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions. (3) The Air Navigation and Transport Acts 1936 to 1998 and this Act (other than Parts 7 and 10 and Schedules 2 and 3 ) may be cited together as the Air Navigation and Transport Acts 1936 to 2022 and shall be construed together as one Act. (4) The Aviation Regulation Acts 2001 to 2004 and section 105 may be cited together as the Aviation Regulation Acts 2001 to 2022. Interpretation - general 2. (1) In this Act— “Act of 1993” means the Irish Aviation Authority Act 1993 ; “Act of 1998” means the Air Navigation and Transport (Amendment) Act 1998 ; “Act of 2014” means the Companies Act 2014 ; “aerodrome” has the meaning assigned to it by the Act of 1993; “aeronautical communications services” has the meaning assigned to it by the Act of 1993; “air navigation services” has the meaning assigned to it by the Act of 1993; “aircraft” has the meaning assigned to it by the Act of 1993; “airspace” has the meaning assigned to it by the Act of 1993; “ANT Acts” means the Air Navigation and Transport Acts 1936 to 1998; “authorised officer” has the meaning assigned to it by the Act of 1993; “Chicago Convention” has the meaning assigned to it by the Act of 1993; “Chief Executive” means the chief executive of the IANS appointed under section 35; “contracting state” has the meaning assigned to it by the Act of 1993; “determination”, in relation to a relevant authority, means a decision of the authority as to whether or not any sum is due to Eurocontrol, the IANS or the Minister in respect of air navigation services or aeronautical communications services provided by Eurocontrol, the IANS, the Minister or any other person; “electronic device” includes any device which uses any electronic, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data, or both store and transmit data; “electronic record” includes electronic, digital, magnetic, optical, electromagnetic, biometric or photonic means of storing data, or other forms of related technology, or any combination thereof, by means of which data is stored; “enactment” has the meaning assigned to it by the Interpretation Act 2005 ; “Eurocontrol” has the meaning assigned to it by the Act of 1993; “Eurocontrol Convention” has the meaning assigned to it by the Act of 1993; “IAA” means the Irish Aviation Authority; “IANS” means the company referred to in section 10; “International Civil Aviation Organisation” has the meaning assigned to it by the Act of 1993; “Irish airspace” has the meaning assigned to it by the Act of 1993; “licence” has the meaning assigned to it by the Act of 1993; “Minister” means the Minister for Transport; “operator” has the meaning assigned to it by the Act of 1993; “other airspace” means areas of airspace, other than Irish airspace, in which the IANS is authorised to provide air navigation services pursuant to agreements with any, or any combination, of the following: (a) any persons who manage and control airspace for which states other than the State are responsible or who are responsible for the provision of air navigation services or aeronautical communications services in that airspace; (b) international organisations; “recognised trade unions and staff associations” means trade unions and staff associations recognised by the IANS or the IAA, as appropriate, for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees; “record” includes, in addition to a record in writing and an electronic record— (a) a disc, tape, sound-track or other device in which data, sounds or signals are embodied so as to be capable, with or without the aid of some other mechanical or electrical equipment, of being reproduced in legible or audible form, (b) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electrical equipment, of being reproduced in visual form, and (c) a photograph, map, plan, drawing or aeronautical chart, and any reference to a copy of records includes, in the case of a record falling within paragraph (a) only, a transcript of the sounds or signals embodied therein, in the case of a record falling within paragraph (b), a still reproduction of the images embodied therein and, in the case of a record falling within both of those paragraphs, such transcript together with such a still reproduction; “relevant authority”, in relation to a contracting state, means— (a) any court or tribunal which, under the law of that state, may determine questions as to whether or not a sum is due to Eurocontrol, the IANS or the Minister in respect of air navigation services provided by Eurocontrol, the IANS or the Minister or any other person, (b) an administrative authority which, under the law of that state, may determine such questions, being a determination which, in that state, is subject to appeal to, or review by, a court or tribunal, or (c) a court or tribunal which, under the law of that state, may determine an appeal from, or carry out a review of, a determination made in respect of any such questions by another relevant authority; “State aerodrome” means Cork Airport, Dublin Airport or Shannon Airport; “State authority” means a Minister of the Government, the Commissioners of Public Works Ireland or an agent of the Minister; “subsidiary” means a subsidiary (within the meaning of section 7 of the Act of 2014) of the IANS; “vesting day” means the day appointed under section 10 (3) to be the vesting day. (2) A reference in this Act to a certificate or licence includes a reference to an instrument of approval or other authorisation or permission and a reference in this Act to the grant or renewal of a certificate or licence includes a reference to the validation, revalidation or variation of the certificate or licence. (3) Where any function of the IANS is, under the memorandum of association of a subsidiary, a function of the subsidiary, every provision of, or of any instrument made under, this Act or any other enactment relating to the IANS shall, in respect of that function, apply to the subsidiary as it applies to the IANS. (4) Where any function of the IAA is, under the memorandum of association of a subsidiary of the IAA, a function of the subsidiary, every provision of, or of any instrument made under, this Act or any other enactment relating to the IAA shall, in respect of that function, apply to the subsidiary as it applies to the IAA. Application to state aircraft 3. (1) Subject to subsection (2), this Act (other than this section) shall not apply to state aircraft or to aerodromes under the control of the Minister for Defence. (2) The Minister may by order declare that specified provisions of, or of instruments made under, this Act shall, with any specified modifications, apply to state aircraft (other than state aircraft of the State), and any such provision so declared shall apply and have effect accordingly. (3) In this section, “state aircraft” means aircraft of any state used in the military, customs or police service of that state. Regulations, etc. 4. Every order (other than an order made under section 1 (2) or 15 ) or regulation made by the Minister or the IANS under this Act 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 21 days on which that House has sat 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. Directions by Minister to IANS 5. (1) The Minister may give a direction in writing to the IANS— (a) requiring the IANS— (i) to comply with policy decisions of a general kind made by the Government in relation to aviation in so far as the decisions affect functions of the IANS, or (ii) to do or refrain from doing anything to which a function of the IANS relates specified in the direction the doing, or the refraining from the doing, of which is, in the opinion of the Minister— (I) necessary or expedient in the national interest, or (II) for the purpose of enabling the Government or the State to— (A) become a member of an international organisation whose principal function or one of whose principal functions relates to air navigation, (B) become a party to an international agreement relating wholly or mainly to air navigation, or (C) discharge its obligations as a member of such an organisation or as a party to such an agreement, or (b) whenever the Minister is satisfied that the interests of the State or the public so require, requiring the IANS to achieve and maintain, in relation to the measures taken by it and the human and material resources employed by it for the purpose of safeguarding civil aviation against acts of unlawful interference, standards not lower than those specified. (2) If the IANS considers that compliance by it with a direction under subsection (1) would adversely affect the safety of aircraft, it shall so inform the Minister. (3) The IANS shall comply with a direction given to it under subsection (1). Disposal of moneys received by Minister 6. Moneys received by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform may direct. Expenses 7. Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Repeals 8. (1) Section 43 of the Act of 1993 is repealed. (2) Subject to section 44(4) and (5) of the Act of 1993, section 23 of the Aviation Regulation Act 2001 is repealed. PART 2 Formation and Administration of Irish Air Navigation Service Definition - Part 2 9. In this Part, “superannuation benefits” means pensions, gratuities or other allowances payable on resignation, retirement or death. Formation of Irish Air Navigation Service 10. (1) The Minister shall, as soon as is practicable after the commencement of this section and after consultation with the Minister for Public Expenditure and Reform, cause a DAC limited by shares, conforming to the conditions laid down in this Act, to be formed and registered under Part 16 of the Act of 2014. (2) The name of the company referred to in subsection (1) shall be Seirbhís Aerloingseoireachta na hÉireann or, in the English language, the Irish Air Navigation Service. (3) The Minister shall, as soon as is practicable after he or she has complied with subsection (1), by order appoint a day to be the vesting day for the purposes of this Act. (4) In this section, “DAC limited by shares” has the same meaning as it has in section 963 of the Act of 2014. Alternative or additional names for IANS 11. Notwithstanding section 10 , the IANS may, for operational purposes, describe itself by any of the following, whether as an alternative to, or in addition to, any other name by which it may describe itself by virtue of this Act: (a) Air Nav Ireland; (b) AirNav Ireland; (c) ANI. Capital formation 12. (1) The authorised share capital of the IANS shall be such amount as may be determined from time to time by the Minister for Public Expenditure and Reform, after consultation with the Minister, divided into shares of one euro each. (2) Section 969(1) of the Act of 2014 shall not apply to the IANS. Form of memorandum of association of IANS, etc. 13. The memorandum of association of the IANS and of any subsidiary shall be in such form, consistent with this Act, as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform. Objects of IANS 14. (1) The principal objects of the IANS shall be stated in its memorandum of association to be— (a) to operate and manage air navigation services in a safe and efficient manner and to facilitate their use, (b) subject to section 68 of the Act of 1993, to provide, operate and manage, or arrange for the provision, operation and management of, air navigation services in Irish and other airspace, (c) to such extent as the IANS considers appropriate, to operate and manage terminal services at State aerodromes and licensed aerodromes, (d) to provide, operate and manage aeronautical communications services in accordance with the agreement set out in the Exchange of Notes between the Government of Ireland and the Government of the United Kingdom relating to the Oceanic Control Centres at Shannon and Prestwick which entered into force on the 1st day of April, 1966, and any agreement, whether made before or after 8 December 1993, amending or replacing that agreement and to provide, operate and manage other aeronautical communications services, (e) to impose charges for the use of services provided by the IANS, (f) to advise, on its own initiative or at the request of the Government, the Minister or another Minister of the Government or any other person in relation to any matter to which a function of the IANS relates, (g) to take such measures as it considers necessary or expedient to give effect to the purposes of— (i) the Eurocontrol Convention, (ii) international agreements or conventions to which the State is a party, in so far as those purposes relate to matters to which functions of the IANS relate, (h) to attend (by its directors or staff) whether alone or with others, at meetings with, or arranged or organised by, international organisations or governments of other states in so far as the meetings relate to matters to which functions of the IANS relate, (i) to undertake research and development respecting the environment, and branches of science, in so far as the research and development relates to matters to which functions of the IANS relate, on its own behalf or on behalf of others, (j) to undertake, or participate with others, including governments of other states, in, activities which are related to matters to which its functions relate, are consistent with its other objects and will, in the opinion of the IANS, enhance its effectiveness and profitability, (k) to provide, in relation to matters to which its functions relate, such consultancy, advisory and training services in and outside the State as the IANS thinks fit, (l) to provide aeronautical rescue co-ordination for search and rescue services within the search and rescue region in relation to rescue co-ordination centres, rescue co-ordination sub-centres and joint rescue co-ordination centres established by the State pursuant to Annex 12 to the Chicago Convention, and (m) to utilise, manage and develop the resources available to it in a manner consistent with the objects set out in paragraphs (a) to (l). (2) Nothing in this section shall prevent or restrict the inclusion among the objects of the IANS, 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 set out in subsection (1) and are not inconsistent with this Act or with the active promotion of air navigation safety and the orderly development of civil aviation. (3) Any function conferred on the IANS by or under this Act and which, immediately before the vesting day, was a function of the IAA, shall, upon that day, cease to be a function of the IAA and stand vested in the IANS. (4) In this section— “licensed aerodrome” means an aerodrome in respect of which a licence under Article 6 of the Irish Aviation Authority (Aerodromes and Visual Aids) Order 2008 ( S.I. No. 355 of 2008 ) is in force; “terminal services” has the meaning assigned to it by section 2 of the Act of 1993. Conferral of additional functions on IANS 15. The Minister may, if he or she so thinks fit to do so and after consultation with the IAA and the IANS, by order— (a) confer on the IANS such additional functions relating to civil aviation and connected with the functions for the time being of the IANS as he or she considers appropriate, and (b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the IANS of functions under this section or the performance by the IANS of functions so conferred. General duty of IANS 16. (1) It shall be the general duty of the IANS— (a) to conduct its affairs so as to ensure that the revenues of the IANS are not less than sufficient taking one year with another to— (i) meet all charges and costs which are properly chargeable to its revenue account, (ii) generate the capital it requires, and (iii) remunerate its capital and pay interest on and repay its borrowings, and (b) to conduct its business at all times in a cost-effective and efficient manner. (2) Nothing in section 14 or subsection (1) shall be construed as imposing on the IANS, 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) (a) The Minister may direct in writing the IANS to pay a dividend to the Exchequer of an amount determined by him or her and the IANS shall comply with the direction (including any period specified in the direction within which the dividend is required to be so paid). (b) The Minister may give the Board such general directives concerning the financial objectives of the Board as he or she considers appropriate and the Board shall, in performing its functions, have regard to such directives. Articles of association 17. (1) The articles of association of the IANS shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform. (2) The articles of association of the IANS shall provide that— (a) the number of directors (including the chairperson) of the IANS shall be 7, 8 or 9, (b) subject to paragraph (c), the chairperson and other directors of the IANS— (i) shall be appointed by the Minister with the consent of the Minister for Public Expenditure and Reform, and (ii) may be removed from office by the Minister with the consent of the Minister for Public Expenditure and Reform if, in the opinion of the first-mentioned Minister— (I) the director has become incapable through ill health of effectively performing the functions of such director, or (II) the director’s removal appears to be necessary for the effective performance of the functions of the IANS, (c) subject to paragraphs (d) and (e), each director of the IANS shall be appointed for a period of not more than 5 years but be eligible for reappointment, (d) if the Minister appoints, amongst the first directors, a director of the IAA to be a director of the IANS— (i) the consent referred to in paragraph (b) (i) is not required in respect of that appointment, and (ii) the appointment shall be for the unexpired portion of the period the director of the IAA had left to run as such director at the time his or her appointment takes effect as a director of the IANS, (e) of the first directors of the IANS, other that the chairperson or any director to whom paragraph (d) applies, one-third (or as near as may be), who shall be selected by lot at the first meeting of directors, shall hold office for a period of 2 years, one-third (or as near as may be), who shall be selected by lot at such meeting, shall hold office for a period of 3 years and one-third (or as near as may be), who shall be selected by lot at such meeting, shall hold office for a period of 5 years, (f) the directors may act notwithstanding one or more vacancies in their number, (g) the remuneration and allowances for expenses of the chairperson and other directors of the IANS shall be determined by the Minister with the consent of the Minister for Public Expenditure and Reform, (h) a person shall not be appointed as auditor of the IANS without the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, (i) the IANS may, in consultation with recognised trade unions and staff associations, review the existing machinery for the purposes of negotiations concerned with the pay and conditions of service of its staff, (j) the IANS may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, acquire or establish subsidiaries or invest in other undertakings for the purpose of carrying out its objects as stated in its memorandum of association, and may assign any of its functions to subsidiaries, (k) the IANS shall not dispose of a subsidiary to which a function specified in any of paragraphs (a) to (k) of section 14 (1) stands assigned, and (l) the aggregate amount standing invested (whether by the purchase of shares or the provision of loans or guarantees of loans) by the IANS in enterprises (including subsidiaries) shall not exceed €25,000,000 without the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, such investments by a subsidiary being regarded for the purposes of this paragraph as investments of the IANS. (3) A director of the IANS to whom subsection (2) (d) applies shall, by virtue of this subsection and notwithstanding anything contained in the Act of 1993 or the Act of 2014, cease to be a director of the IAA immediately upon the date on which his or her appointment as a director of the IANS takes effect. Restriction on alteration of memorandum or articles of association 18. Notwithstanding anything contained in the Act of 2014, an alteration in the memorandum of association or articles of association of the IANS or of a subsidiary shall not be valid or effectual unless made with the prior approval of the Minister given with the consent of the Minister for Public Expenditure and Reform. Issue of shares, and creation of debt due, to Minister for Public Expenditure and Reform in consideration of transfer of property 19. The IANS shall issue to the Minister for Public Expenditure and Reform on the vesting day such number of shares in the share capital of the IANS as may be agreed upon by the Minister and the Minister for Public Expenditure and Reform and may from time to time thereafter issue to the Minister for Public Expenditure and Reform such number of shares of the IANS as may be so agreed upon. Issue of share to Minister 20. (1) The IANS shall issue to the Minister one share of one euro in the share capital of the IANS. (2) The Minister may exercise in respect of his or her share in the share capital of the IANS 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 or her attorney. (3) The cost of such share shall be advanced to the Minister out of the Central Fund or the growing produce thereof. (4) The Minister shall not transfer or alienate his or her share in the share capital of the IANS. Issue of shares to subscribers to memorandum of association of IANS 21. (1) The IANS shall issue one share of one euro in the share capital of the IANS to each of the subscribers to the memorandum of association of the IANS. (2) The cost of such shares shall be advanced to the subscribers out of the Central Fund or the growing produce thereof. Exercise of powers by Minister for Public Expenditure and Reform in respect of shares 22. The Minister for Public Expenditure and Reform may, subject to this Act, exercise in respect of the shares of the IANS held by him or her 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 or her attorney. Transfer by Minister for Public Expenditure and Reform of shares 23. (1) The Minister for Public Expenditure and Reform may, from time to time as occasion requires, for the purpose of compliance with so much of the Act of 2014 as requires that there shall always be a minimum number of members of the IANS, transfer to any person one of his or her shares in the share capital of the IANS. (2) The Minister for Public Expenditure and Reform shall not transfer or alienate his or her shares in the share capital of the IANS other than as authorised by subsection (1). Obligation of certain shareholders to hold shares in trust 24. (1) A member of the IANS to whom a share in the share capital of the IANS is issued as a subscriber under section 21 or transferred under section 23 (1) or this section shall hold that share in trust for the Minister for Public Expenditure and Reform and shall, accordingly, be bound to pay all dividends and other money which he or she receives in respect of the share to the Minister for Public Expenditure and Reform for the benefit of the Exchequer and to transfer, as and when required by the Minister for Public Expenditure and Reform, the share to him or her or a person nominated in that behalf by him or her. (2) A member of the IANS shall not transfer or alienate his or her share in the share capital of the IANS other than as authorised by subsection (1). (3) Upon the death of a member of the IANS referred to in subsection (1), the share in the share capital of the IANS held by the member shall, without the necessity for a transfer, vest in the Minister for Public Expenditure and Reform. Payment of dividends, etc., into Exchequer 25. All amounts representing dividends or other money received by the Minister for Public Expenditure and Reform in respect of shares held by him or her in the share capital of the IANS and all amounts representing repayment of or interest on repayable advances received or recovered by him or her from the IANS shall be paid into or disposed of for the benefit of the Exchequer in such manner as he or she may direct. Borrowing by IANS and subsidiaries 26. (1) Subject to subsection (2) and the consent of the Minister and the Minister for Public Expenditure and Reform, the IANS or a subsidiary may, whether by means of the issue of debentures or otherwise, borrow money (including money in a currency other than the currency of the State) for capital purposes including working capital from persons other than the Minister for Public Expenditure and Reform. (2) The aggregate at any one time of borrowings under subsection (1) shall not exceed— (a) such amount as the Minister has, with the consent of the Minister for Public Expenditure and Reform, specified by order, or (b) if no such amount stands so specified, €127 million. (3) The IANS or a subsidiary may borrow money (including money in a currency other than the currency of the State) temporarily but the aggregate standing unrepaid at any time of such borrowings shall not exceed such amount as may stand approved for the time being by the Minister and the Minister for Public Expenditure and Reform. (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 at the rate of exchange prevailing at the time of the borrowing for that currency and the currency of the State. Guaranteeing by Minister for Public Expenditure and Reform of borrowing by IANS 27. (1) In relation to borrowings by the IANS under section 26, the Minister for Public Expenditure and Reform, after consultation with the Minister, may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as he or she thinks fit any, or any combination, of the following: (a) the due repayment by the IANS of the principal of any money borrowed by the IANS; (b) the due payment of instalments or other amounts of money owed by the IANS under a contract entered into by the IANS; (c) the payment of interest on any money, instalment or amount; (d) both the repayment of principal or payment of such instalments or amounts, as the case may be, and the payment of the interest; (e) the payment of commission and incidental expenses arising in connection with such borrowings or such contract. (2) The Minister for Public Expenditure and Reform shall not so exercise the powers conferred on him or her by this section that the amount, or the aggregate amount, of money which he or she may at any one time be liable to pay on foot of any guarantee or guarantees under this section for the time being in force, together with the amount of money (if any) which he or she had previously paid on foot of any guarantee under this section and which has not been repaid by the IANS, exceeds— (a) such amount as the Minister has, with the consent of the Minister for Public Expenditure and Reform, specified by order, or (b) if no such amount stands so specified, €102 million. (3) For the purpose of calculating the amount of borrowings or instalments or money guaranteed by the Minister for Public Expenditure and Reform under this section by reference to the limit on money in subsection (2), the equivalent in the currency of the State of borrowings or instalments or other money in a foreign currency shall be calculated at the rate of exchange prevailing at the time of the giving of the guarantee for that currency and the currency of the State. (4) Where a guarantee under this section is or has been given, the IANS shall, if the Minister for Public Expenditure and Reform so requires, give to him or her such security (including, in particular, debentures) as may be specified in the requirement for the purpose of securing to that Minister the repayment of any money which he or she may be liable to pay or has paid under the guarantee. (5) The Minister for Public Expenditure and Reform shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year— (a) particulars of the guarantee, (b) in case any payment has been made by him or her under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him or her on foot of the payment, and (c) the amount of money covered by the guarantee which was outstanding at the end of that year. (6) Money paid by the Minister for Public Expenditure and Reform under a guarantee under this section shall be repaid to him or her (with interest thereon at such rate or rates as he or she appoints) by the IANS within such period from the date of payment by that Minister as may be specified by him or her after consultation with the IANS. (7) Where the whole or any part of the money required by subsection (6) to be repaid to the Minister for Public Expenditure and Reform has not been repaid in accordance with that subsection, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas. (8) Notwithstanding the provision of money under subsection (7) to repay an amount to the Central Fund, the IANS shall remain liable to the Minister for Public Expenditure and Reform in respect of that amount and that amount (together with interest thereon at such rate or rates as that Minister appoints) shall be repaid to that Minister by the IANS at such times and in such instalments as he or she appoints and, in default of such repayment and without prejudice to any other method of recovery, shall be recoverable by him or her from the IANS as a simple contract debt in any court of competent jurisdiction. (9) In relation to a guarantee under this section in money in a currency other than the currency of the State— (a) each of the references to principal, each of the references to instalments or other amounts of money, each of the references to interest and the reference to commission and incidental expenses in subsection (1) shall be taken as referring to the equivalent in the currency of the State of the actual principal, the actual instalments or other amounts of money, the actual interest or the actual commission and incidental expenses, as may be appropriate, (b) the reference to the amount of money in subsection (5) (c) covered by the guarantee which was outstanding at the end of that year shall be taken as referring to the equivalent in the currency of the State of the actual amount of money, such equivalent being calculated according to the rate of exchange prevailing for the time being for that currency and the currency of the State, and (c) each of the references to money in subsections (6) to (8) shall be taken as referring to the cost in the currency of the State of the actual money. Provision of money for payments out of Central Fund 28. (1) All money from time to time required by the Minister for Public Expenditure and Reform to meet sums which may become payable by him or her under section 27 shall be advanced out of the Central Fund or the growing produce thereof. (2) The Minister for Public Expenditure and Reform may, for the purpose of providing for advances out of the Central Fund under this section, borrow on the security of the Central Fund or the growing produce thereof any sums required for that purpose and, for the purpose of such borrowing, he or she may create and issue securities bearing interest at such rate and subject to such conditions as to repayment, redemption or any other matter as he or she thinks fit, and shall pay all sums so borrowed into the Exchequer. (3) The principal of and interest on all securities issued under this section and the expenses incurred in connection with the issue of the securities shall be charged on and payable out of the Central Fund or the growing produce thereof. Accounts and audits 29. (1) Without prejudice to the requirements of the Act of 2014, the IANS shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts, and shall also keep in such form all such special accounts as the Minister may from time to time direct. (2) Accounts kept pursuant to this section shall be submitted annually by the IANS to an auditor for audit and, immediately after the audit, a copy of the accounts and such other (if any) of the accounts kept by the IANS as the Minister may direct and a copy of the auditor’s report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas. Annual report and giving of information to Minister 30. (1) Not later than 6 months after the end of each accounting year, the IANS shall submit a report in writing to the Minister of its activities and those of any subsidiaries during that year and, not later than 3 months after such submission, the Minister shall cause copies of the report to be laid before each House of the Oireachtas. (2) A report of the IANS under this section shall include information, in such form as the Minister may direct after consultation with the IANS and with the consent of the Minister for Public Expenditure and Reform, regarding the operations, cost-effectiveness and financial targets of the IANS and any subsidiaries. (3) The IANS shall, if so required by the Minister, give to him or her such information as he or she may require in respect of any balance sheet or other account or any report of the IANS or any subsidiaries or in relation to the policy and operations (other than day-to-day operations) of the IANS or any subsidiaries. Disclosure by directors of certain interests 31. (1) (a)Paragraph (b) applies where, at a meeting of the directors of the IANS or any subsidiary, any of the following matters arise: (i) an arrangement to which the IANS or a subsidiary is a party or a proposed such arrangement; (ii) a contract or other agreement with the IANS or a subsidiary or a proposed such contract or other agreement. (b) Any director of the IANS or the subsidiary concerned present at the meeting who otherwise than in his or her capacity as such a director is in any way, whether directly or indirectly, interested in the matter— (i) shall at the meeting disclose to the IANS or the subsidiary, as the case may be, the fact of such interest and the nature thereof, (ii) shall absent himself or herself from the meeting or that part of the meeting during which the matter is discussed, (iii) shall take no part in any deliberations of the directors relating to the matter, and (iv) shall not vote on a decision relating to the matter. (2) Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the director by whom the disclosure is made shall not be counted in the quorum for the meeting. (3) Where, at a meeting of the directors of the IANS or a subsidiary, a question arises as to whether or not a course of conduct, if pursued by a director of the IANS or the subsidiary, would constitute a failure by him or her to comply with the requirements of subsection (1), the question may be determined by the chairperson of the meeting whose decision shall be final and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting. (4) Section 231 of the Act of 2014 shall not apply to a director of the IANS or a subsidiary. (5) A person who contravenes subsection (1)(b) shall be guilty of an offence. (6) (a) Paragraph (b) applies to a person who is or was a director of the IANS on the day (in this subsection referred to as the “relevant day”) on which he or she becomes the subject of a ‘section 31 adverse final determination’. (b) Without prejudice to the generality of section 17 (2)(b)(ii), the person shall— (i) on the relevant day, if applicable, cease to be a director of the IANS, and (ii) on and after the relevant day, be disqualified from being a director of the IANS or a subsidiary. (7) Nothing in this section shall be taken to prejudice the operation of any rule of law restricting directors of the IANS from having any interest in contracts with the IANS. (8) In this section— “relevant proceedings”, in relation to a person, means criminal proceedings instituted against the person for an offence under subsection (5); “section 31 adverse final determination”, in relation to any relevant proceedings and a person, means— (a) the person is found guilty of an offence under subsection (5) at the conclusion of those proceedings without the person making an appeal against that finding within the ordinary time in the State for making such an appeal, or (b) if such an appeal is made— (i) the abandonment or withdrawal of the appeal, or (ii) the determination of the appeal where such finding is upheld, whichever first occurs. Disclosure by members of staff of certain interests 32. (1) (a) Subject to paragraph (b), where a member of the staff of the IANS or a subsidiary has an interest, otherwise than in his or her capacity as such a member, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the IANS or the subsidiary is a party, he or she shall— (i) disclose to the IANS or the subsidiary, as the case may be, his or her interest and the nature thereof, (ii) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by directors or members of the staff of the IANS or the subsidiary in relation thereto, and (iii) make no recommendation in relation to the contract, agreement or arrangement. (b) Paragraph (a) shall not apply to contracts, or proposed contracts, of employment of members of the staff of— (i) the IANS with the IANS, or (ii) a subsidiary with the subsidiary. (2) A person who contravenes subsection (1) shall be guilty of an offence. Prohibition on unauthorised disclosure of information 33. (1) A person shall not disclose confidential information obtained by him or her while performing duties as a director or member of the staff of, or an adviser or consultant to, the IANS or a subsidiary unless he or she is duly authorised by the IANS or the subsidiary, as the case may be, or by a member of the staff of the IANS or the subsidiary, as the case may be, duly authorised in that behalf, to do so. (2) A person who contravenes subsection (1) shall be guilty of an offence. (3) In this section, “confidential” means that which is expressed by the IANS or the subsidiary concerned, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description. Membership of either House of Oireachtas or European Parliament 34. (1) Where a director of the IANS 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 15 of the Act of 1977, as having been elected to such Parliament to fill a vacancy, he or she shall thereupon cease to be a director of the IANS. (2) Where a person employed by the IANS 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 15 of the Act of 1977, as having been elected to Parliament to fill a vacancy, he or she shall thereupon stand seconded from employment by the IANS and shall not be paid by, or be entitled to receive from, the IANS any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either such House or such Parliament. (3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a director of the IANS or for employment in any capacity by the IANS. (4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting the reckoning of a period therein mentioned as service with the IANS for the purpose of any superannuation benefits. (5) In this section, “Act of 1977” means the European Assembly Elections Act 1977 . Chief Executive 35. (1) There shall be a chief executive of the IANS (who shall be known as and is referred to in this Act as the “Chief Executive”). (2) The first Chief Executive shall be the existing Chief Executive of the IAA and shall be appointed by the Minister for the unexpired portion of the period that he or she had left to run as the Chief Executive of the IAA at the time that his or her appointment as the Chief Executive of the IANS takes effect, and may be removed from office by the Minister during that period. (3) Each subsequent Chief Executive of the IANS shall be appointed and may be removed from office by the directors of the IANS after consultation with the Minister. (4) The functions of the Chief Executive shall be to— (a) carry on, manage and control generally the administration of the IANS, (b) advise the directors of the IANS on any matter relating to or affecting the functions of the IANS relating to the safety of air navigation services, (c) advise the directors of the IANS on any matter relating to or affecting the other functions of the IANS, and (d) comply with the lawful directions of the directors of the IANS. (5) 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 IANS after consultation with the Minister and with the consent of the Minister for Public Expenditure and Reform. (6) The existing Chief Executive of the IAA shall, by virtue of this subsection, cease to be the Chief Executive of the IAA immediately upon the date on which his or her appointment as the Chief Executive of the IANS takes effect. Remuneration, etc., of staff 36. (1) Without prejudice to the requirements of section 37 , the IANS, in determining the remuneration or allowances for expenses to be paid to members of its staff or the other terms or conditions subject to which such members hold or are to hold their employment, shall have regard to Government or nationally agreed guidelines which are for the time being extant or to Government policy concerning remuneration and conditions of employment which is so extant. (2) The IANS shall, in addition to complying with subsection (1), comply with any directives with regard to the remuneration, allowances, terms or conditions referred to in that subsection which the Minister may give to the IANS with the consent of the Minister for Public Expenditure and Reform. Transfer of staff of IAA to IANS 37. (1) (a) Every person who is a member of the staff of the IAA working wholly or mainly in connection with air navigation service provision immediately before the vesting day shall, on that day, be transferred to and become a member of the staff of the IANS. (b) Every person who is a member of the staff of the IAA who is not working wholly or mainly in connection with air navigation service provision immediately before the vesting day shall, on that day, remain a member of the staff of the IAA. (c) (i) Subparagraph (ii) applies where— (I) a dispute arises in relation to whether a person is, or is not, working wholly or mainly in connection with air navigation service provision, or (II) it cannot be determined whether a person is, or is not, working wholly or mainly in connection with air navigation service provision. (ii) The IAA shall, following consultation with any recognised trade unions and staff associations concerned, determine whether the person concerned shall— (I) be transferred to and become a member of the staff of the IANS, or (II) remain a member of the staff of the IAA. (iii) In this paragraph, “person” includes a group of persons. (d) The Minister may give directions in writing to the IAA as to the criteria to be applied in resolving a situation referred to in paragraph (c)(i) or (ii) and the IAA shall comply with those directions. (2) Except in accordance with a collective agreement negotiated with any recognised trade unions and staff associations concerned, a person referred to in subsection (1)(a) shall not, while in the service of the IANS, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the vesting day. (3) In relation to persons transferred to the IANS under subsection (1), previous service with the IAA (and, if section 40(3) of the Act of 1993 applied to any such persons immediately before the vesting day, previous service by them in the civil service) shall be reckonable for the purposes of, but subject to any exceptions or exclusions in the following enactments: (a) the Redundancy Payments Acts 1967 to 2014; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (e) the Unfair Dismissals Acts 1977 to 2015; (f) the Terms of Employment (Information) Acts 1994 to 2014; (g) the Organisation of Working Time Act 1997 ; (h) the Parental Leave Acts 1998 and 2019; (i) the Carer’s Leave Act 2001 ; (j) the Maternity Protection Acts 1994 and 2004; (k) the Adoptive Leave Acts 1995 and 2005; (l) the Paternity Leave and Benefit Act 2016 . Superannuation 38. (1) Subject to subsection (11), the IANS shall 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 IANS as it may think fit. (2) Every such scheme 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 differen …