Air Navigation and Transport Act, 1936

Air Navigation and Transport Act, 1936 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 1936 Air Navigation and Transport Act, 1936 Air Navigation and Transport Act, 1936 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 40 of 1936.

AIR NAVIGATION AND TRANSPORT ACT, 1936.

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section 1.

Short title.

2.

Definitions.

3.

Application of Act to State aircraft.

4.

Saving for lighthouse authorities.

5.

General provisions in relation to Orders made by the Executive Council.

6.

Regulations.

7.

Fees.

8.

Repeal of Air Navigation Act, 1920.

9.

Expenses.

PART II

Provisions in relation to the Paris Convention 10.

Power to give effect to the Paris Convention.

11.

Power to apply Paris Convention to internal flying.

12.

Special provisions which may be made by Order of the Executive Council.

13.

Power to compel compliance when aircraft disobeys signals.

14.

Expenses of International Commission for Air Navigation, etc.

15.

Continuance of orders and regulations made under Part I of the Air Navigation Act, 1920.

16.

Continuance of existing certificates and licences.

PART III

Carriage by Air

Chapter I

.

International Carriage by Air 17.

Warsaw Convention to have the force of law in Saorstát Eireann.

18.

Liability of carrier in the event of the death of a passenger.

19.

Actions against High Contracting Parties who undertake carriage by air.

Chapter II

.

Carriage by air which is not international.

20.

Application of Chapter I of this Part of this Act to carriage by air which is not international.

PART IV

Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, Survival of Causes of Action Arising out of such Liability, Limitation of such Liability, and Compulsory Insurance by Owners of Aircraft Against such Liability

Chapter I

.

Liability in Respect of Damage Caused by Aircraft to Persons or Property on Land or Water 21.

Liability for damage caused by aircraft to persons or property on land or water.

Chapter II

.

Survival of Causes of Action arising out of Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, Limitation of such Liability and Compulsory Insurance by Owners of Aircraft against such Liability 22.

Commencement of Chapter II of Part IV.

23.

Survival of cause of action in respect of loss or damage caused by aircraft to persons and property on Land or water.

24.

Limitation of liability for damage caused by aircraft to persons and property on land or water.

25.

Obligation of owners of aircraft to be insured against certain third party risks.

26.

Hirers of aircraft to be treated as owners in certain circumstances.

27.

Approved aircraft insurer.

28.

Certificate of insurance.

30.

Deposits by exempted persons.

31.

Payment of judgment debts out of deposit.

32.

Release of deposits.

33.

Regulations for purposes of Part IV.

Chapter III

.

Provision in relation to the Rome Convention 34.

Commencement of Chapter III of Part IV.

35.

Provision for giving effect to the Rome Convention.

PART V

Establishment and Maintenance of Aerodromes by the Minister for Industry and Commerce and Local Authorities, and Acquisition of Land, etc., for those purposes 36.

Extension of meaning of “the purposes of this Part of this Act”.

37.

Power of Minister and local authority to establish and maintain aerodromes.

38.

Power of local authorities to carry on businesses in connection with aerodromes.

39.

Right of entry on land by the Minister and local authorities.

40.

Acquisition by the Minister of land by agreement.

41.

Compulsory acquisition of land, etc., by the Minister.

42.

Disposal of surplus land by the Minister.

43.

Acquisition of land by local authorities.

44.

Modification of procedure for acquisition of land.

45.

Interference with right of navigation and other rights.

46.

Interference with public roads and bridges.

47.

Protection of public roads and bridges.

48.

Contributions by a local authority or conservancy or harbour authority to local authority maintaining an aerodrome and provisions in relation to management of such aerodrome by a joint committee.

49.

Borrowing by local authorities.

50.

Expenses of local authorities.

51.

Expenses of conservancy and harbour authorities.

52.

Appointment of officers by local authorities.

53.

Provisions in relation to land belonging to the State.

54.

Saving of rights, etc., of Minister for Posts and Telegraphs.

PART VI

Trespass and Nuisance by Aircraft, and Dangerous Flying 55.

Restrictions on actions for damages in respect of trespass or nuisance by aircraft.

56.

Penalty for dangerous flying.

57.

Wreck and salvage.

PART VII

Administrative and Miscellaneous Provisions 58.

Application to seaplanes of certain provisions of the Merchant Shipping Acts, relating to collisions at sea and signals of distress.

59.

Power of conservancy and harbour authorities to make bye-laws for regulation of seaplanes when on the surface of the water.

60.

Investigation of accidents.

61.

Infringement of patents.

62.

Jurisdiction.

63.

Detention of aircraft.

64.

Enforcing detention of aircraft.

65.

Other provisions in relation to detained aircraft.

66.

Information as to air transport undertakings and use of customs aerodromes.

67.

Conveyance of mails.

PART VIII

The Company, Subsidiary Companies and Aer Lingus, Teoranta 68.

Formation and registration of the Company.

69.

Loan to Company to pay expenses of formation.

70.

Issue of share capital of the Company.

71.

Acquisition of shares by Minister for Finance by subscription.

72.

Underwriting by the Minister for Finance of issue of shares.

73.

Powers of the Minister for Finance as shareholder.

74.

Powers of Minister for Finance in respect of shares held by him.

75.

State guarantee of debentures of the Company.

76.

Advance of moneys out of the Central Fund.

77.

Payments of dividends, etc., into the Exchequer.

78.

Alteration of Memorandum and Articles of Association of the Company.

79.

Subsidies.

80.

Loan by the Company to Aer Lingus, Teoranta.

81.

Obligation to furnish balance sheets etc., to the Minister for Finance.

82.

Inspection of books and documents of the Company, Aer Lingus, Teoranta, and subsidiary companies.

83.

Non-application of Control of Manufactures Acts, 1932 and 1934.

PART IX

Restriction on Services for Internal Carriage by Air of Passengers and Goods 84.

Restriction on carriage by air of passengers and goods between places within Saorstát Eireann.

PART X

Control and Regulation of Certain Classes of Aviation Business 85.

Definitions for purposes of Part X.

86.

The appointed day for the purposes of Part X.

87.

Prohibition of carrying on aviation business of a class to which Part X applies by unlicensed persons.

88.

Application for aviation business licences.

89.

Grant of aviation business licence.

90.

Operation of aviation business licence.

91.

Attachment of conditions to aviation business licence.

92.

Amendment of conditions of aviation business licence.

93.

Breach of conditions attached to aviation business licence.

94.

Commencement and duration of aviation business licence.

95.

Application for renewal of aviation business licence.

96.

Grant of renewal of aviation business licence.

97.

Duration of renewal of aviation business licence.

98.

Revocation of aviation business licence.

99.

Transfer of aviation business licence.

100.

Death of licensee under aviation business licence.

101.

Furnishing of information and verification by applicants for grant, renewal and transfer of aviation business licences.

102.

Fees on grant, etc., of aviation business licence.

103.

Accounts and returns by licensees under aviation business licences.

FIRST SCHEDULE International Convention for the Unification of Certain Rules Relating to International Carriage by Air SECOND SCHEDULE Conditions to which the Company is to Conform Acts Referred to Workmen's Compensation Act, 1934 No. 9 of 1934 Local Government Act, 1925 No. 5 of 1925 Merchant Shipping (Safety and Load Lines Conventions) Act, 1933 No. 42 of 1933 Aliens Act, 1935 No. 14 of 1935 Number 40 of 1936.

AIR NAVIGATION AND TRANSPORT ACT, 1936.

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE REGULATION OF AIR NAVIGATION AND TRANSPORT, AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [14th August, 1936.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Air Navigation and Transport Act, 1936.

Definitions.

2.—(1) In this Act— the expression “the Minister” means the Minister for Industry and Commerce; the expression “the Paris Convention” means the International Convention relating to the regulation of aerial navigation done at Paris on the 13th day of October, 1919, and includes any amendment to the said Convention which may be made under Article 34 thereof; the expression “the Warsaw Convention” means the International Convention for the unification of certain rules relating to international carriage by air which was signed at Warsaw on the 12th day of October, 1929, and came into force in respect of Saorstát Eireann on the 19th day of December, 1935; the expression “the Rome Convention” means the International Convention for the unification of certain rules relating to damage caused by aircraft to third parties on the surface which was signed at Rome on the 29th day of May, 1933, and includes any amendment to the said Convention to which Saorstát Eireann is a party; the word “aircraft” includes all balloons, whether fixed or free, kites, gliders, airships and flying machines; the word “airship” means an aircraft using gas lighter than air as a means of support, and having means of propulsion; the word “balloon” means an aircraft using gas lighter than air as a means of support and having no means of propulsion; the word “seaplane” includes a flying boat and any other aircraft designed to manœuvre on the waters; the expression “State aircraft” means military aircraft and every aircraft exclusively employed in State services, including postal, customs, and police services; the expression “Saorstát Eireann aircraft” means aircraft registered in Saorstát Eireann; the expression “foreign aircraft” means aircraft which is registered in a country other than Saorstát Eireann; the word “goods” includes mails and animals; the word “aerodrome” means any definite and limited area (including water) intended to be used, either wholly or in part, for or in connection with the landing or departure of aircraft; the word “land” includes land covered with water, any harbour, any part of the territorial waters of Saorstát Eireann, foreshore, any easement, water-right, fishing right or other of whatsoever kind right in over or in respect of land or water, but does not include land which belongs to Saorstát Eireann by virtue of Article 11 of the Constitution; the expression “policy of insurance” includes a covering note; the expression “the Company” means the Company to be formed and registered under

Part VIII

of this Act; the expression “subsidiary company” means an air transport company in which more than one half of the issued share capital thereof is held by the Company; the expression “local authority” means a body which is— (a) the council of a county or other borough, or (b) the council of a county, or (c) the council of an urban district; the expressions “conservancy authority” and “harbour authority” have the same meanings respectively as in section 742 of the Merchant Shipping Act, 1894 ; the word “prescribed” where it occurs in

Part II

of this Act means prescribed by order made by the Executive Council under the said Part II; the word “prescribed” (except in

Part II

of this Act) means prescribed by regulations made by the Minister under this Act.

Application of Act to State aircraft.

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

Part III

thereof) or any order or regulations made thereunder as may be specified in such order shall, with or without modifications, apply to State aircraft, and whenever any such order is made and is in force, such of the said provisions as may be specified in such order shall, subject to such modifications (if any) as may be specified therein, have the force of law in Saorstát Eireann.

Saving for lighthouse authorities.

4.—Nothing in this Act or any order or regulation 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 Executive Council.

5.—(1) An order made by the Executive Council under this Act may be made applicable to any aircraft in or over Saorstát Eireann or to Saorstát Eireann aircraft wherever they may be.

Regulations.

6.—The Minister may by order make regulations in relation to— (a) any matter or thing referred to in this Act (except Part II thereof) as prescribed; (b) any matter or thing in respect of which the Minister is authorised, by an order made by the Executive Council under this Act, to make regulations for carrying out the purposes of such order; (c) any matter or thing which the Minister is by this Act authorised to prescribe by regulations made under this Act.

Fees.

7.—The following provisions shall have effect in relation to all fees payable under this Act, 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.

Repeal of Air Navigation Act, 1920.

8.—The Air Navigation Act, 1920, is hereby repealed.

Expenses.

9.—All expenses incurred by the Minister for Finance in the execution of this Act and all expenses so incurred by the Minister for Justice, the Minister for Local Government and Public Health, the Minister for Posts and Telegraphs, and the Minister, to such extent as may be sanctioned by the Minister for Finance, shall, if not otherwise provided for under this Act, be paid out of moneys provided by the Oireachtas.

PART II.

Provisions in relation to the Paris Convention.

Power to give effect to the Paris Convention.

10.—The Executive Council may from time to time make such orders as appear to them necessary or expedient for carrying out the Paris Convention and for giving effect thereto or to any of the provisions thereof, and every such order shall have the force of law in Saorstát Eireann.

Power to apply Paris Convention to internal flying.

11.—The Executive Council may from time to time by order direct that the provisions of the Paris 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 Saorstát Eireann 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 Saorstát Eireann.

Special provisions which may be made by Order of the Executive Council.

12.—Without prejudice to the generality of the powers conferred by the two immediately preceding sections, the Executive Council 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 Paris Convention by a contracting State or by any authority therein are to be exercised in Saorstát Eireann; (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 Paris Convention, including the examination and tests to be undergone, and the form, custody, production, cancellation, suspension, endorsement and surrender of any such certificate or licence; (d) as to the registration of aircraft in Saorstát Eireann; (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 Saorstát Eireann or from one part of Saorstát Eireann to another; (g) exempting from the provisions of the order or of the Paris 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 Paris Convention; (k) supplementing the Paris 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.

13.—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 Saorstát Eireann 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 Saorstát Eireann in respect of the doing of anything authorised to be done by any such officer under this section, whether such thing is done personally or by a person acting in aid; of or under the direction of such officer.

Expenses of International Commission for Air Navigation, etc.

14.—Any sums required for the contribution from Saorstát Eireann for the organisation and operations of the International Commission for Air Navigation set up under the Paris Convention, or occasioned by the sending of delegations, shall be paid by the Minister out of moneys provided by the Oireachtas.

Continuance of orders and regulations made under Part I of the Air Navigation Act, 1920.

15.—Every order and regulation made under Part I of the Air Navigation Act, 1920, and in force at the passing of this Act shall be deemed for the purposes of this Act to be made under this Part of this Act and may accordingly be amended or revoked by an order of the Executive Council, and, until so revoked and subject to any such amendment, shall continue in force.

Continuance of existing certificates and licences.

16.—Every certificate and licence granted under the Air Navigation Act, 1920, or under any order or regulations made thereunder and in force at the date of the passing of this Act shall continue in force and shall be deemed, for all purposes, to have been granted under this Act or such order or regulation.

PART III.

Carriage by Air.

CHAPTER I.

International Carriage by Air.

Warsaw Convention to have the force of law in Saorstát Eireann.

17.—(1) The provisions of the Warsaw Convention as set out in the First Schedule to this Act shall, so far as they relate to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, and subject to the provisions of this section and the next following section, have the force of law in Saorstát Eireann in relation to any carriage by air to which the Warsaw Convention applies, irrespective of the nationality of the aircraft performing that carriage.

Liability of carrier in the event of the death of a passenger.

18.—Any liability imposed by Article 17 of the First Schedule to this Act on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passenger under any statute or at common law, and the following provisions shall have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced, that is to say:— (a) the liability shall be enforceable for the benefit of such members of the passenger's family as sustained damages by reason of his death; (b) for the purposes of paragraph (a) of this section— (i) the expression “member of a family” means wife or husband, parent, stepparent, grandparent, brother, sister, half-brother, half-sister, child, stepchild, grandchild, (ii) in deducing any relationship any illegitimate person shall be treated as being, or as having been the legitimate child of his mother and reputed father; (c) an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under paragraph (a) of this section, enforceable, but only one action shall be brought in Saorstát Eireann in respect of the death of any one passenger and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as either are resident in Saorstát Eireann or, not being resident there, express a desire to take the benefit of the action; (d) the amount which may be recovered in any such action shall not exceed the actual and the prospective loss resulting from such death to the members of the passenger's family; (e) subject to the provisions of paragraph (f) of this section, the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportions as the judge before or by whom such action is tried shall determine and direct; (f) the court before whom any such action is brought may at any stage of the proceedings make such order as appears to the court to be just and equitable in view of the provisions of the First Schedule to this Act limiting the liability of a carrier and of any proceedings which have been, or are likely to be, commenced outside Saorstát Eireann in respect of the death of the passenger in question.

Actions against High Contracting Parties who undertake carriage by air.

19.—(1) Every High Contracting Party to the Warsaw Convention who has not availed himself of the provisions of the Additional Protocol thereto shall, for the purposes of any action brought in a Court of Saorstát Eireann in accordance with the provisions of Article 28 of the First Schedule to this Act to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court, and accordingly rules of court may provide for the manner in which any such action is to be commenced and carried on.

CHAPTER II.

Carriage by air which is not international.

Application of Chapter I of this Part of this Act to carriage by air which is not international.

20.—The Executive Council may by order apply the provisions of the First Schedule to this Act and any provision (other than the immediately preceding section) of

Chapter I

of this Part of this Act to such carriage by air, not being international carriage by air as defined in the said First Schedule, as may be specified in such order, subject however to such exceptions, adaptations and modifications as may be specified in such order, and·wherever any such order is made the provisions of the said First Schedule and any provision of the said Chapter I specified in such order shall, subject however to such exceptions, adaptations and modifications (if any) as may be specified in such order, have the force of law in Saorstát Eireann in relation to any carriage by air, not being international carriage by air as so defined, specified in such order.

PART IV.

Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, Survival of Causes of Action Arising out of such Liability, Limitation of such Liability, and Compulsory Insurance by Owners of Aircraft Against such Liability.

CHAPTER I.

Liability in Respect of Damage Caused by Aircraft to Persons or Property on Land or Water.

Liability for damage caused by aircraft to persons or property on land or water.

21.—(1) Where material damage or loss is caused to any persons or property on land or water by, or by any person in, or any article or person falling from, an aircraft while in flight, taking off or landing, the following provisions shall have effect, that is to say:— (a) damages shall be recoverable from the owner of such aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action, as though the same had been caused by his wilful act, neglect, or default, except where the damage or loss was caused by or contributed to by the negligence of the person by whom the same was suffered; (b) where such damage or loss is caused in circumstances in which— (i) damages are recoverable from such owner in respect of such damage or loss by virtue only of the preceding provisions of this sub-section, and (ii) a legal liability is created in some person, other than such owner, to pay damages in respect of such damage or loss, such owner shall be entitled to be indemnified by that other person against any claim in respect of such damage or loss.

Part III

of this Act or any contract for the carriage of passengers or goods by air in so far as the contract provides for determining or limiting the liability of the carrier thereunder.

CHAPTER II

Survival of Causes of Action arising out of Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, Limitation of such Liability and Compulsory Insurance by Owners of Aircraft against such Liability.

Commencement of Chapter II of Part IV.

22.—This Chapter of this Part of this Act shall come into operation on such day as may be fixed therefor by order of the Minister.

Survival of cause of action in respect of loss or damage caused by aircraft to persons and property on land or water.

23.—(1) This section applies to every cause of action in respect of loss or damage which, after the commencement of this Chapter of this Part of this Act, is caused to persons or property on land or water, by, or by a person in, or an article or person falling from, an aircraft while in flight, taking off, or landing.

Limitation of liability for damage caused by aircraft to persons and property on land or water.

24.—(1) Subject to the provisions of this section, a person or, as the case may be, his estate shall not, in respect of loss or damage which, after the commencement of this Chapter of this Part of this Act, is without any gross negligence or wilful misconduct on his part and without any gross negligence or wilful misconduct (to which he was privy) on the part of his servants or agents, caused on any one occasion to persons or property on land or water by, or by a person in, or an article or person falling from, any one aircraft while in flight, taking off, or landing, be liable to pay by way of damages an amount exceeding in the aggregate— (a) in case such aircraft is an airship, twenty-five thousand pounds, or (b) in case such aircraft is a balloon (whether fixed or free), five thousand pounds, or (c) in case such aircraft is a glider, one thousand pounds, or (d) in any other case— (i) a number of pounds of the currency of Saorstát Eireann equal to the number of pounds avoirdupois constituting the weight of such aircraft fully loaded, or (ii) if the sum ascertained under sub-paragraph (i) of this paragraph is less than five thousand pounds or more than twenty-five thousand pounds, five thousand pounds or twenty-five thousand pounds, as the case may be.

Part III

of this Act or any contract for the carriage of passengers or goods by air in so far as the contract provides for determining or limiting the liability of the carrier thereunder.

Obligation of owners of aircraft to be insured against certain third party risks.

25.—(1) After the commencement of this Chapter of this Part of this Act, it shall not be lawful for any person to fly, or cause or permit any other person to fly, an aircraft unless— (a) there is in force in relation to the flying of such aircraft by such person or such other person, a policy of insurance (in this Chapter of this Part of this Act referred to as an approved policy of insurance) issued by an approved aircraft insurer, which subject to any restrictions or conditions specified therein, insures the owner of such aircraft against all liability which he may incur in respect of loss or damage caused to persons or property on land or water in Saorstát Eireann by, or by any person in, or any article or person falling from, the aircraft while in flight, taking off, or landing; or (b) the owner of such aircraft is an exempted person within the meaning of this Chapter of this Part of this Act.

Hirers of aircraft to be treated as owners in certain circumstances.

26.—Where— (a) any aircraft has been bona-fide demised, let or hired out for a period exceeding fourteen days to any other person by the owner thereof, and (b) no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of such owner, the two immediately preceding sections shall have effect as if for references therein to the owner there were substituted references to the person to whom the aircraft has been so demised, let or hired out.

Approved aircraft insurer.

27.—(1) The Minister may from time to time by order declare that a specified person is an approved aircraft insurer for the purposes of this Part of this Act, and whenever any such order is made and in force the person declared thereby to be an approved aircraft insurer for the purposes of this Part of this Act shall be an approved aircraft insurer for that purpose.

Certificate of insurance.

28.—A policy of insurance shall be of no effect for the purposes of the preceding provisions of this Chapter of this Part of this Act unless and until there has been issued by the insurer to the insured a certificate (in this Part of this Act referred to as a certificate of insurance) in relation to such policy in such form and containing such particulars as the Minister may require. “Exempted persons”.

29.—(1) In this Chapter of this Part of this Act, the expression “exempted person” means a person (a) who has made and maintained, in respect of any aircraft of which he is the owner, the deposit of the appropriate amount with the Accountant of the Courts of Justice authorised by the next following section to be made by persons who desire to become exempted persons; and (b) to whom a certificate (which is for the time being in force) has been granted by the Minister under the next following sub-section in respect of such aircraft.

Deposits by exempted persons.

30.—(1) Any person who is the owner of not more than two aircraft and who desires to become an exempted person may deposit and keep deposited with the Accountant of the Courts of Justice a sum equal to the maximum sum determined in relation to such aircraft by sub-section (1) of section 24 (which relates to limitation of liability for damage caused by aircraft to persons and property on land or water) of this Act.

Payment of judgment debts out of deposit.

31.—(1) In this section— the word “deposit” means a deposit of money or securities in lieu of money made with the Accountant of the Courts of Justice under this Chapter of this Part of this Act by way of qualification for being an exempted person; the word “depositor” means a person who has made a deposit.

Release of deposits.

32.—Whenever the High Court is satisfied, on the application made in a summary manner by a depositor or by a person claiming through or under a depositor and after notice to the Minister and after such publication of advertisements as the High Court shall direct, that it is just and expedient that the deposit or part of the deposit made by such depositor should be paid out to the person making such application, the High Court shall order such deposit or such part thereof as may be specified in such order to be paid out to such person either unconditionally or subject to such conditions as the High Court shall think proper to specify in such order, and shall direct the Accountant of the Courts of Justice to do all such things (including the sale of the investments representing such deposit or part of such investments) as appear to the High Court to be necessary or expedient for giving effect to such order.

Regulations for purposes of Part IV.

33.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:— (a) applications for certificates of security; (b) the issue of copies or of new certificates in lieu of any such certificates which are lost or destroyed; (c) the carrying of documents in aircraft and the production of such documents on demand to such, persons as may be specified in such regulations.

CHAPTER III.

Provision in relation to the Rome Convention.

Commencement of Chapter III of Part IV.

34.—This Chapter of this Part of this Act shall come into operation on such day as may be fixed therefor by order of the Minister.

Provision for giving effect to the Rome Convention.

35.—(1) The Executive Council may, if it appears to them to be necessary or expedient for them so to do for the purposes of giving effect to the Rome Convention, make an order— (a) directing either— (i) that the provisions set out in such order shall, in relation to aircraft registered in any such country (other than Saorstát Eireann) as may be specified in the order, have effect in lieu of the provisions of Chapters I and II of this Part of this Act, or (ii) that all or any of the provisions of the said Chapters I and II shall, in relation to such aircraft, have effect subject to such modifications, adaptations and exceptions as may be specified in the order; and (b) making such provisions as appear to the Executive Council to be required for securing that a Saorstát Eireann aircraft shall not leave Saorstát Eireann on a flight to or over any such country, unless there is on board the aircraft a certificate of insurance or a certificate of security in respect of the aircraft, being a certificate in such form and issued by such person and containing such particulars as may be appointed by the order.

Chapter II

of this Part of this Act, the said Chapter II shall, for the purposes of the said sub-section but not further or otherwise, be deemed to be in force.

PART V.

Establishment and Maintenance of Aerodromes by the Minister for Industry and Commerce and Local Authorities, and Acquisition of Land, etc., for those purposes.

Extension of meaning of “the purposes of this Part of this Act”.

36.—The purposes of this Part of this Act for which land may be acquired by agreement or compulsorily shall include— (a) the purpose of securing that the land adjacent to an aerodrome which the Minister or a local authority has established or is about to establish shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, approaching, or leaving the aerodrome; and (b) the purposes of securing that trees; and buildings on the land adjacent to an aerodrome, which the Minister or a local authority has established or is about to establish, are, with the object of ensuring the safety of aircraft approaching or leaving the aerodrome, demolished.

Power of Minister and local authority to establish and maintain aerodromes.

37.—The Minister may and any local authority may, with the consent of the Minister given after consultation with the Minister for Local Government and Public Health and subject to such conditions as he may impose, establish and maintain aerodromes and provide and maintain in connection therewith roads, bridges, approaches, apparatus, equipment, and buildings and other accommodation.

Power of local authorities to carry on businesses in connection with aerodromes.

38.—(1) If the Minister is satisfied, with respect to any aerodrome maintained by a local authority under the immediately preceding section, that it is necessary or expedient that such local authority should be empowered to carry on in connection with such aerodrome any particular business, being a business which appears to him to be ancillary to the carrying on of an aerodrome, but which such local authority would not otherwise have power to carry on, he may by order authorise such local authority, subject to such conditions (if any) as may be specified in such order, to carry on that business in connection with such aerodrome.

Right of entry on land by the Minister and local authorities.

39.—(1) Any person (in this section referred to as an authorised officer) authorised in that behalf by the Minister or a local authority may do either or both of the following things, that is to say:— (a) enter on any land for the purpose of making thereon any inquiry, investigation, or examination preliminary or incidental to the acquisition of such land for the purposes of this Part of this Act; (b) enter, for the purposes of making thereon surveys, on any land, which adjoins or is in the neighbourhood of land acquired or the acquisition of which is contemplated for the purposes of the said Part.

Acquisition by the Minister of land by agreement.

40.—The Minister may for the purposes of this Part of this Act acquire by agreement any land.

Compulsory acquisition of land, etc., by the Minister.

41.—(1) If and whenever the Minister thinks proper to acquire compulsorily any land or to acquire or use compulsorily any right of impounding, diverting, or abstracting water for the purposes of this Part of this Act, the Minister may, with the consent of the Minister for Finance, by order declare his intention so to acquire such land or so to acquire or use such right, and every such order shall operate to confer on the Minister full power to acquire compulsorily the land or to acquire or use compulsorily the right mentioned therein under and in accordance with this section.

Disposal of surplus land by the Minister.

42.—(1) The Minister may at any time dispose in such manner as he thinks proper of any land acquired by him under this Act which appears to him to be no longer required by him for the performance of his duties or the exercise of his functions under this Part of this Act.

Acquisition of land by local authorities.

43.—(1) A local authority may, with the consent of the Minister for Local Government and Public Health given after consultation with the Minister, acquire land (either inside or outside the functional area of such local authority) for the purpose of this Part of this Act either by agreement or compulsorily under this Act and the Acts incorporated therewith.

44.—Where a local authority proposes to acquire (otherwise than by agreement) land for the purposes of this Part of this Act, whether in exercise of a power conferred by a statute other than this Act or of a power expressly conferred by this Act, the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878 , may be published in any month and, in such case, the notices mentioned in the said sub-section shall be served in the month next succeeding the month in which the said advertisements are published.

Interference with right of navigation and other rights.

45.—(1) Whenever the Minister or a local authority establishes and maintains or is about to establish an aerodrome under this Part of this Act, and such aerodrome is or will be situated by the sea or any navigable inlet thereof, the Minister, after consultation with the Minister for Agriculture may, if it is in his opinion in the public interest so to do, make an order under this section limiting or prohibiting the exercise of any right of navigation and any public or private right of fishing or landing fish or any other public or private right in respect of any part of the sea or any inlet thereof or foreshore in or adjacent to such aerodrome.

Interference with public roads and bridges.

46.—The Minister may and any local authority may, with the consent of the Minister, compulsorily divert, close, remove or otherwise interfere with any public road or bridge.

Protection of public roads and bridges.

47.—If and whenever the execution of any works under this Part of this Act involves the diversion, removal, or other interference with any public road or bridge, the following provisions shall have effect, that is to say:— (a) where the execution of the works involves the closing of the road or bridge to traffic the Minister or the local authority (as the case may be) shall construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge in the same or some other convenient situation sufficient to carry traffic of such quantity and character as normally uses such road or bridge; (b) the Minister or the local authority (as the case may be) shall at or before the completion of the works either restore the road or bridge to its former condition or construct, after consultation with the Minister for Local Government and Public Health, a new permanent road or bridge in the same or some other convenient situation sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge; (c) where a permanent new bridge is constructed by the Minister or by a local authority outside its own functional area, and such bridge confers substantially greater advantages on the public of the county or other borough, county, or urban district in which it is constructed, than the original bridge, by affording an improved means of communication or otherwise, the Minister shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost in his opinion ought reasonably to be borne by the council of such county or other borough, county, or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of the maintenance of the road of which such new bridge is part and shall be paid by such council to the Minister or such local authority (as the case may be); (d) if any doubt, dispute or question shall arise as to whether the Minister or a local authority in the construction, maintenance or restoration of any temporary or permanent road or bridge pursuant to this section has complied with the provisions of this section, or as to whether a permanent new bridge constructed by the Minister or by a local authority outside its own functional area confers substantially greater advantages on the public of the county or other borough, county, or urban district in which it is constructed than the original bridge, such doubt, dispute or question shall be decided by the Minister for Local Government and Public Health whose decision shall be conclusive and final.

Contributions by a local authority or conservancy or harbour authority to local authority maintaining an aerodrome and provisions in relation to management of such aerodrome by a joint committee.

48.—(1) Where a local authority (in this section referred to as an undertaking authority) has established and maintains or proposes to establish and maintain an aerodrome under this Part of this Act, any authority (in this section referred to as a non-undertaking authority) which is another local authority, a conservancy authority, or a harbour authority, may agree with such undertaking authority to make to such undertaking authority, on such conditions as may be agreed upon between the two authorities and subject to the provisions of this section, a contribution towards the expenses incurred by such undertaking authority in or in relation to the establishment and maintenance of such aerodrome.

Borrowing by local authorities.

49.—(1) The council of a county may borrow under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, for the purpose of defraying any expenses incurred by such council under this Part of this Act in like manner as if such purpose were mentioned in that Article and money borrowed for any such purpose shall not be reckoned as part of the debt of such council for the purposes of any limitation on borrowing imposed by the said Article.

Expenses of local authorities.

50.—All expenses incurred by a local authority under this Part of this Act shall be defrayed— (a) in the case of the council of a county, by means of the poor rate raised equally over the whole of their county (exclusive of any borough or urban district included therein the council of which has made or is making contributions under the said Part in respect of an aerodrome established or about to be established in such county or in a county borough contiguous to such county); (b) in the case of the councils of the county boroughs of Cork and Waterford, the council of a borough (other than a county borough or the borough of Dun Laoghaire) or the council of an urban district, out of any rate or fund applicable for the purposes of the Public Health (Ireland) Acts, 1878 to 1931, in like manner as if they had been incurred for the purposes of those Acts.

Expenses of conservancy and harbour authorities.

51.—All expenses incurred by a conservancy authority or a harbour authority under this Part of this Act shall be defrayed by such authority in the like manner in which other expenses of such authority are defrayed.

Appointment of officers by local authorities.

52.—Any local authority may, subject to the provisions of any enactment relating to the appointment of officers by such local authority, appoint such and so many officers as it shall think requisite for the execution of the powers conferred on it by this Part of this Act, and every officer so appointed shall be paid such remuneration as such local authority shall, with the consent of the Minister for Local Government and Public Health, determine.

Provisions in relation to land belonging to the State.

53.—(1) Nothing in this Act shall be construed as prohibiting the granting, under any Act passed (whether before or after the passing of this Act) by the Oireachtas, of a lease or licence, in respect of any land which is State land and to which such Act applies, to the Minister or a local authority or the acceptance of such lease or licence by the Minister or a local authority.

Saving of rights, etc., of Minister for Posts and Telegraphs.

54.—Nothing in this Act shall deprive the Minister for Posts and Telegraphs of any rights and remedies under the Telegraph Acts, 1863 to 1928, or any statutory adaptation thereof or substitution therefor made by or under the authority of the Oireachtas.

PART VI.

Trespass and Nuisance by Aircraft, and Dangerous Flying.

Restrictions on actions for damages in respect of trespass or nuisance by aircraft.

55.—No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of the flight, so long as the provisions of

Part II

of this Act and any order made under the said Part II and any regulations made by virtue of any such order are duly complied with.

Penalty for dangerous flying.

56.—(1) Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of such aircraft and also (if such pilot or person in charge is not the owner of such aircraft) such owner shall each be severally guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds or, at the discretion of the Court, either to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

Part II

of this Act or any regulations made by virtue of any such order.

PART VII.

Administrative and Miscellaneous Provisions Wreck and salvage.

57.—(1) Any services rendered in assisting, or in saving life from, or in saving the cargo or apparel of, an aircraft in, on, or over the sea or any tidal water, or on or over the shores of the sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall be entitled to the same reward for those services as he would have been entitled to if the aircraft had been a vessel.

The preceding provisions of this sub-section shall have effect notwithstanding that the aircraft concerned is a foreign aircraft, and notwithstanding that the services in question are rendered elsewhere than within the limits of the territorial waters of Saorstát Eireann.

Application to seaplanes of certain provisions of the Merchant Shipping Acts, relating to collisions at sea and signals of distress.

58.—(1) The power conferred by sub-section (1) of section 418 of the Merchant Shipping Act, 1894 , to make regulations for the prevention of collisions at sea shall include power to make regulations for the prevention of collisions at sea— (a) between seaplanes on the surface of the water, and (b) between vessels and seaplanes on the surface of the water; and accordingly the said section 418, and sections 419, 421 and 424 of the said Act, as amended by any subsequent enactment, shall apply in relation to seaplanes on the surface of the water as they apply in relation to ships or vessels, subject however to the following modifications, that is to say:— (i) for the purpose of sub-section (2) of the said section 418, and for the purposes of the said section 424, sections 418, 419, 421, and 424 of the said Act shall be deemed to be the only provisions of Part V of the said Act relating to collision regulations or otherwise relating to collisions, and (ii) any references in the said section 419 to the master or to the person in charge of the deck shall be construed as references to the pilot or other person on duty in charge of the seaplane.

Power of conservancy and harbour authorities to make bye-laws for regulation of seaplanes when on the surface of the water.

59.—(1) Any enactment which confers or imposes on a conservancy authority or a harbour authority any power or duty to make bye-laws for the regulation of ships or vessels shall be construed and have effect as if the power or duty so conferred or imposed included a power or duty to make bye-laws for the regulation of seaplanes when on the surface of the water, and also a power to include in the bye-laws provisions authorising the harbour master or other officer of the authority to exercise, as respects seaplanes on the surface of the water, all or any of the functions which he is authorised by such enactment to exercise as respects ships or vessels, subject however to this restriction, namely, that such bye-laws shall not in any circumstances require, or authorise a harbour master or other officer to require, the dismantling of a seaplane or any part thereof or the making of any alteration whatever of the structure or equipment of a seaplane.

Investigation of accidents.

60.—(1) The Minister may by order make regulations providing for the investigation of any accident arising out of or in the course of air navigation and occurring in or over Saorstát Eireann or to Saorstát Eireann aircraft elsewhere.

Infringement of patents.

61.—(1) Where it is alleged by any person interested that a foreign aircraft making a passage through or over Saorstát Eireann infringes in itself or in any part of it any invention, design or model which is entitled to protection in Saorstát Eireann, it shall be lawful, subject to and in accordance with Rules of Court, to detain such aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum (in this section called the deposited sum), and thereupon the aircraft shall not, during the continuance or in the course of the passage, be subject to any lien, arrest, detention or prohibition, whether by order of a court or otherwise, in respect or on account of the alleged infringement.

Jurisdiction.

62.—(1) Any offence under this Act or under an order or regulations made thereunder, and any offence whatever committed on a Saorstát Eireann aircraft, shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be.

Detention of aircraft.

63.—The Executive Council may by order provide for the detention of aircraft to secure compliance with any of the provisions of this Act or any order or regulation made under or by virtue of this Act, or to prevent aircraft from flying when unfit to fly and every such order shall have the force of law in Saorstát Eireann.

Enforcing detention of aircraft.

64.—(1) Where under this Act an aircraft is to be or may be detained, any authorised person may detain such aircraft.

Other provisions in relation to detained aircraft.

65.—(1) Where under this Act or any order or regulation made thereunder an aircraft is to be detained, an officer of customs and excise shall, and where under this Act an aircraft may be detained, an officer of customs and excise may refuse to clear that aircraft outwards or to grant a transire to such aircraft.

Information as to air transport undertakings and use of customs aerodromes.

66.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:— (a) subject to the provisions of sub-section (1) of this section, for requiring any person— (i) who carries on the business of carrying passengers or goods in aircraft for hire or reward on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) as may be specified in such regulations, or (ii) who is the holder of a licence in respect of a customs aerodrome, to furnish to such authorities as may be specified in such regulations such information relating to the use of aircraft for the purposes of his said business and to the persons employed in connection with that use or, as the case may be, relating to the use of the aerodrome and to the persons employed in aircraft arriving thereat or departing therefrom as may be prescribed by such regulations; (b) for requiring the owner, or the pilot or other person in charge, of any aircraft arriving at, or departing from, any customs aerodrome to furnish to the holder of the licence in respect of that aerodrome such information as may be necessary to enable the holder of the said licence to comply with such provisions of such regulations as relate to him; (c) for prescribing the times at which, and the form and manner in which any information required under such regulations is to be furnished.

Part II

of this Act and for the time being in force, as a place of landing and departure of aircraft for the purposes of the enactments relating to customs.

Conveyance of mails.

67.—

Section 2

of the Conveyance of Mails Act, 1893 , shall apply to every service by air for the public carriage of passengers and goods carried on by any person, subject to the following modifications, that is to say:— (a) references to a tramway company shall be construed as references to any such person, (b) references to a tramway shall be construed as references to any such service, (c) references to carriage shall be construed as references to aircraft, (d) the references in the said section 2 to the Railway and Canal Commission shall be construed as references to the Railway Tribunal.

PART VIII.

The Company, Subsidiary Companies and Aer Lingus, Teoranta.

Formation and registration of the Company.

68.—As soon as may be after the passing of this Act the Minister for Finance shall, after consultation with the Minister, take all such steps as appear to him to be necessary or desirable to procure that a limited company (in this Act referred to as the Company) conforming to the conditions laid down in the Second Schedule to this Act shall be formed and registered in Saorstát Eireann under the Companies Acts, 1908 to 1924.

Loan to Company to pay expenses of formation.

69.—(1) The Minister for Finance may out of moneys provided by the Oireachtas lend to the Company upon such terms and conditions as to time and manner of repayment, rate of interest, security and other matters whatsoever as he shall think proper, a sum not exceeding five thousand pounds.

Issue of share capital of the Company.

70.—No issue of the share capital of the Company (other than share capital issued to subscribers of the Memorandum of Association of the Company) shall be made at any time, unless the Minister for Finance, after consultation with the Minister, has authorised such issue.

Acquisition of shares by Minister for Finance by subscription.

71.—The Minister for Finance may from time to time take up by subscription any class or classes of shares of the Company, but the total amount of shares so taken up shall not exceed (in nominal value) the sum of one million pounds.

Underwriting by the Minister for Finance of issue of shares.

72.—The Minister for Finance may, subject to such conditions as he may think fit, agree with the Company that, if any shares in the Company about to be offered at any time for subscription are not within a specified time taken up by the public, he will take up and pay for such shares or some specified proportion thereof.

Powers of the Minister for Finance as shareholder.

73.—The Minister for Finance may, so long as he holds any of the shares of the Company, exercise all or any of the rights and powers from time to time exercisable by the holder of such shares, and where such rights or powers are exercisable by attorney the said Minister may, if he so thinks proper, exercise such rights or powers by his attorney.

Powers of Minister for Finance in respect of shares held by him.

74.—(1) The Minister for Finance may hold for as long as he thinks fit any shares of the Company acquired by him under this Act and may as and when he thinks fit sell all or any of such shares.

State guarantee of debentures of the Company.

75.—Whenever the Company proposes to issue any debentures the Minister for Finance may, if he thinks fit, guarantee, in such form and manner as he may think proper, the due payment by the Company in accordance with the terms of such debentures of the principal moneys and interest secured by such debentures.

Advance of moneys out of the Central Fund.

76.—(1) All moneys from time to time required by the Minister for Finance— (a) to meet payments required to be made by him to the Company in respect of any shares subscribed for or taken up by him under this Act, or (b) to meet sums which become payable under any guarantee given by him under this Act in respect of moneys secured by debentures issued by the Company, shall be advanced out of the Central Fund or the growing produce thereof.

Payments of dividends, etc., into the Exchequer.

77.—All dividends, bonus and other moneys received by the Minister for Finance in respect of shares of the company held by him shall be paid into the Exchequer.

Alteration of Memorandum and Articles of Association of the Company.

78.—Notwithstanding anything contained in the Companies Acts, 1908 to 1924, no alteration in the Memorandum of Association or Articles of Association of the Company shall, so long as the Minister for Finance holds any shares of the Company, be valid or effectual unless made with the previous approval of the Minister for Finance given after consultation with the Minister.

Subsidies.

79.—(1) The Minister for Finance may, subject to the provisions of this section, from time to time by order authorise the payment of subsidies to the company on such terms and conditions as may be specified in such order.

Loan by the Company to Aer Lingus, Teoranta.

80.—(1) As soon as may be after the registration of the Company, the Company may, with the consent of the Minister for Finance, lend to Aer Lingus, Teoranta, such sum as the Minister for Finance shall certify to be sufficient to discharge any liabilities which Aer Lingus, Teoranta, may have incurred and are then unsatisfied.

Obligation to furnish balance sheets etc., to the Minister for Finance.

81.—(1) Each company to which this section applies shall within ninety days after the end of every accounting year furnish to the Minister for Finance a balance sheet for such accounting year duly audited by the auditor of such company, and also a profit and loss account for the same accounting year similarly audited.

Inspection of books and documents of the Company, Aer Lingus, Teoranta, and subsidiary companies.

82.—(1) An inspector shall be entitled to enter the premises of any company to which this section applies and inspect any books or documents in such premises.

Non-application of Control of Manufactures Acts, 1932 and 1934.

83.—The Control of Manufactures Acts, 1932 and 1934, shall not apply in respect of any act or thing done by the Company, Aer Lingus, Teoranta, or any subsidiary company.

PART IX.

Restriction on Services for Internal Carriage by Air of Passengers and Goods.

Restriction on carriage by air of passengers and goods between places within Saorstát Eireann.

84.—(1) It shall not be lawful for any person to carry on an internal air service unless— (a) such person is the Company, or Aer Lingus, Teoranta, or a, subsidiary company, or (b) such person is granted by the Minister under this section permission to carry on such service, and such service is carried on under and in accordance with such permission.

PART X.

Control and Regulation of Certain Classes of Aviation Business.

Definitions for purposes of Part X.

85.—(1) In this Part of this Act— the expression “aviation (private hire) business” means the business of hiring out for reward aircraft, for the purpose of the carriage of passengers or goods, under a contract whereby the aircraft is chartered as a whole for a particular journey or journeys, as specified in the journey log book of such aircraft, irrespective of the number of passengers or the quantity of goods to be carried; the expression “aviation (pleasure flights) business” means the business of giving for reward pleasure flights in aircraft beginning and ending, without landing in the course of the flight, at the same aerodrome; the expression “aviation (instruction) business” means the business of giving for reward instruction in aviation.

The appointed day for the purposes of Part X.

86.—(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Part of this Act.

Prohibition of carrying on aviation business of a class to which Part X applies by unlicensed persons.

87.—(1) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (private hire) business carried on by him, to carry by any aircraft in Saorstát Eireann any passenger or goods, unless— (a) such person is the holder of a licence (in this Part of this Act referred to as an aviation business licence) granted under this Part of this Act, authorising him to carry on such business, or (b) such aircraft— (i) started its journey from a place outside Saorstát Eireann, and (ii) was privately chartered as a whole, and (iii) does not, while in Saorstát Eireann, carry for reward any passengers, other than some or all of the passengers it carried on its first landing in Saorstát Eireann.

Application for aviation business licences.

88.—(1) Any person may apply to the Minister for an aviation business licence authorising him to carry on a specified class of aviation business.

Grant of aviation business licence.

89.—Whenever any person applies to the Minister under and in accordance with the immediately preceding section for an aviation business licence in respect of a particular class of aviation business the following provisions shall have effect, that is to say:— (a) in case such person satisfies the Minister that he was on the 1st day of January, 1936, carrying on in Saorstát Eireann a business of a class similar to that in respect of which such application relates, the Minister shall grant such licence to such person, and (b) in every other case, the Minister may, in his absolute discretion either grant or refuse to grant such licence.

Operation of aviation business licence.

90.—Every aviation business licence in respect of a particular class of aviation business shall be expressed and operate to authorise the person who is for the time being the licensee under such licence to carry on the aviation business of that class, but subject to the provisions of this Act and any orders or regulations made thereunder, and to the conditions (if any) attached to such licence.

Attachment of conditions to aviation business licence.

91.—(1) Whenever the Minister grants an aviation business licence, he may attach to such licence any conditions that he may think proper, and in particular, and without prejudice to the generality of the foregoing power, conditions as to all or any of the following matters, that is to say:— (a) the limitation of the area in relation to which the class of business to which such licence relates is to be carried on, (b) wages and conditions of employment of the employees of such business, and (c) the employment of citizens of Saorstát Eireann and the use of Saorstát Eireann manufactures in connection with such business.

Amendment of conditions of aviation business licence.

92.—(1) The Minister may, if he so thinks fit, on the application of the holder of an aviation business licence, amend (whether by addition, omission or variation) the conditions attached to such licence.

Breach of conditions attached to aviation business licence.

93.—If any person who is the licensee under an aviation business licence fails, neglects, or refuses to observe or comply with any of the conditions attached to such licence, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and in the case of a continuing offence a further fine not exceeding five pounds for every day during which the offence is continued.

Commencement and duration of aviation business licence.

94.—(1) Every aviation business licence shall specify the date on which it commences and every such licence shall commence on the date so specified.

Application for renewal of aviation business licence.

95.—(1) Every person who is the licensee under an aviation business licence which is in force (whether by virtue of the original grant or of a renewal of such licence) may, within the prescribed time and while such licence continues so in force, apply to the Minister for a renewal of such licence.

Grant of renewal of aviation business licence.

96.—(1) The Minister may refuse an application for a renewal of an aviation business licence on one or more of the following grounds, but on no other ground, that is to say:— (a) on the ground that in his opinion there was, during the currency of the licence or of the last renewal thereof, a breach of or a failure to observe or comply with one or more of the conditions attached to such licence; (b) on the ground that in his opinion there was, during such currency, a breach of or a failure to observe or comply with the provisions of this Act or of any orders or regulations made thereunder; (c) on the ground that the licensee under such licence has, during such currency, been convicted of an offence (whether under this or any other Act) in relation to the aviation business to which such licence relates or to the aircraft used therein.

Duration of renewal of aviation business licence.

97.—Every renewal of an aviation business licence shall commence immediately upon the expiration of the licence or of the renewal of the licence (as the case may be) of which it is a renewal and shall (unless it previously lapses or is revoked under this Act) continue in force for a period of twelve months from the date on which it commenced.

Revocation of aviation business licence.

98.—(1) The Minister may at any time revoke an aviation business licence upon the application of the licensee thereunder.

Transfer of aviation business licence.

99.—(1) An aviation business licence shall not be transferable by the licensee thereunder or by operation of law to any other person.