Irish Aviation Authority Act, 1993

Irish Aviation Authority Act, 1993 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 1993 Irish Aviation Authority Act, 1993 Irish Aviation Authority Act, 1993 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… Print Full ActPriontáil an tAcht Iomlán Number 29 of 1993 IRISH AVIATION AUTHORITY ACT, 1993 ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section

Section 1

Short title and commencement.

Section 2

Interpretation.

Section 3

Application to state aircraft.

Section 4

Saving for lighthouse authorities.

Section 5

Provisions in relation to orders and regulations made by Minister or company.

Section 6

Laying of orders and regulations before Houses of Oireachtas.

Section 7

Directions by Minister to company.

Section 8

Disposal of monies received by Minister.

Section 9

Expenses.

Section 10

Repeals.

PART II

Establishment and Administration of Company

Section 11

Formation of company.

Section 12

Name and capital formation of company.

Section 13

Form of memorandum of association.

Section 14

Objects of company.

Section 15

Conferral of additional functions on company.

Section 16

General duty of company.

Section 17

Articles of association.

Section 18

Restriction on alteration of memorandum or articles of association.

Section 19

Issue of shares, and creation of debt due, to Minister for Finance in consideration of transfer of property.

Section 20

Issue of share to Minister.

Section 21

Issue of shares to subscribers to memorandum of association of company.

Section 22

Exercise of powers by Minister for Finance in respect of shares.

Section 23

Transfer by Minister for Finance of shares.

Section 24

Obligation of certain shareholders to hold shares in trust.

Section 25

Payment of dividends, etc., into Exchequer.

Section 26

Borrowing by company and subsidiaries.

Section 27

Guaranteeing by Minister for Finance of borrowing by company.

Section 28

Loans by Minister for Finance to company for purposes of working capital.

Section 29

Provision of money for payments out of Central Fund.

Section 30

Accounts and audits.

Section 31

Annual report and furnishing of information to Minister.

Section 32

Reports by company on its technical and safety standards.

Section 33

Disclosure by directors of certain interests.

Section 34

Disclosure by members of staff of certain interests.

Section 35

Prohibition on unauthorised disclosure of information.

Section 36

Decisions by company in relation to technical and safety standards of aircraft and air navigation.

Section 37

Membership of either House of Oireachtas or European Parliament.

Section 38

Chief Executive.

Section 39

Remuneration, etc., of staff.

Section 40

Transfer of staff of Minister to company.

Section 41

Superannuation.

Section 42

Acquisition of land.

Section 43

Charges by company in respect of air navigation and aeronautical communications services.

Section 44

Other charges by company.

Section 45

Recoupment by Minister of certain costs of company.

PART III

Provisions in relation to Eurocontrol Convention

Section 46

Power of Minister to give effect to Eurocontrol Convention.

Section 47

Power of company to give effect to Eurocontrol Convention.

Section 48

Status and privileges of Eurocontrol and privileges of its personnel.

Section 49

Venue for proceedings for recovery of sums due to Euro-control.

Section 50

Enforceability and recognition of determination made in another contracting state.

Section 51

Application for enforcement of determination made in another contracting state.

Section 52

Documents required to accompany request for enforcement of determination.

Section 53

Effect of order for enforcement of determination.

Section 54

Non-recognition or non-enforcement of determination.

Section 55

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

Section 56

Keeping of records by aircraft operators.

Section 57

Parties to Eurocontrol Convention and Multilateral Agreement.

PART IV

Provisions in relation to Chicago Convention, Certain Other International Agreements and Certain Organisations

Section 58

Power of company to make orders.

Section 59

Power of company to apply certain Annexes to Chicago Convention to internal flying.

Section 60

Provisions of orders made by company.

Section 61

Expenses of international organisations.

Section 62

Attendance of company at meetings of or organised by certain international organisations.

Section 63

Negotiation by company of certain agreements with international organisations or other states.

PART V

Miscellaneous

Section 64

Costs of investigation by Minister of accidents to aircraft.

Section 65

Powers of company in relation to accidents and other incidents affecting aircraft.

Section 66

Power of Minister to require cancellation or refusal of registration of aircraft.

Section 67

Detention of aircraft.

Section 68

Designation of areas of Irish airspace for use by Defence Forces.

Section 69

Charge of rates on property of company.

Section 70

Transfer of certain functions under Wireless Telegraphy Act, 1926, and application of section 3 thereof, to company.

Section 71

Restriction of Worker Participation (State Enterprises) Acts, 1977 to 1991.

Section 72

Miscellaneous amendments of Acts.

Section 73

Proceedings.

Section 74

Offences.

PART VI

Transitional Provisions

Section 75

Continuance of certain instruments.

Section 76

Continuance of pending legal proceedings.

Section 77

Transfer of land.

Section 78

Transfer of other property.

Section 79

Transfer of rights and liabilities.

Section 80

Transitional financial provisions.

Section 81

Liability for loss occurring before vesting day.

SCHEDULE Acts Referred to Air Navigation and Transport Act, 1936 1936, No. 40 Air Navigation and Transport Act, 1946 1946, No. 23 Air Navigation and Transport Act, 1950 1950, No. 4 Air Navigation and Transport Act, 1988 1988, No. 15 Air Navigation and Transport Acts, 1936 to 1988 Air Navigation (Eurocontrol) Acts, 1963 to 1983 Companies Act, 1963 1963, No. 33 Companies Acts, 1963 to 1990 Data Protection Act, 1988 1988, No. 25 Defence Acts, 1954 to 1993 European Assembly Elections Act, 1977 1977, No. 30 European Assembly Elections Act, 1984 1984, No. 6 Foreshore Act, 1933 1933, No. 12 Holidays (Employees) Acts, 1973 to 1991 Minimum Notice and Terms of Employment Acts, 1973 to 1991 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Public Offices Fees Act, 1879 1879, c. 58 Redundancy Payments Acts, 1967 to 1991 Unfair Dismissals Acts, 1977 to 1993 Wireless Telegraphy Act, 1926 1926, No. 45 Worker Participation (State Enterprises) Acts, 1977 to 1991 Number 29 of 1993 IRISH AVIATION AUTHORITY ACT, 1993 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A COMPANY, TO BE KNOWN AS ÚDARÁS EITLÍOCHTA NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE IRISH AVIATION AUTHORITY, TO PROVIDE CERTAIN SERVICES IN RELATION TO CIVIL AVIATION, TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR THE CONFERRAL ON IT OF CERTAIN FUNCTIONS OF THE MINISTER FOR TRANSPORT, ENERGY AND COMMUNICATIONS UNDER THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1988, AND THE AIR NAVIGATION (EUROCONTROL) ACTS, 1963 TO 1983, TO AMEND THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1988, AND TO PROVIDE FOR RELATED MATTERS. [1st December, 1993] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General Short title and commencement.

1.—(1) This Act may be cited as the Irish Aviation Authority Act, 1993.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires — “the Act of 1946” means the Air Navigation and Transport Act, 1946 ; “the Act of 1988” means the Air Navigation and Transport Act, 1988 ; “the Acts” means the Air Navigation and Transport Acts, 1936 to 1988; “aerodrome” includes an area of water intended for use for landing or taking off by aircraft and also includes an area, whether on land or water or on a building or other structure or elsewhere, intended for use for landing or taking off by aircraft capable of descending or climbing vertically; “aeronautical communications services” means services providing communications facilities for any purpose connected with aviation; “the Agency” means the Agency for the safety of air navigation comprised in Eurocontrol; “air navigation services” includes services providing, giving or issuing information, directions or instructions, or other facilities, for the purposes of or in connection with the navigation or movement of aircraft; “aircraft” means a machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface; “airspace” means the atmosphere above ground or sea level through which aircraft can fly; “authorised officer” means— (a) an officer of the Permanent Defence Force holding a commissioned rank, (b) an officer of the Minister, (c) an officer of customs and excise, or (d) a member of the staff of the company, authorised in writing by the Minister to perform the functions conferred on authorised officers by or under this Act; “authorised officer of the company” means a person referred to in paragraph (a), (b), (c) or (d) of the definition of “authorised officer” authorised in writing by the company to perform the functions conferred on authorised officers of the company by or under this Act; “the Chicago Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December, 1944, and includes the Annexes thereto and any amendment of the said Convention or Annexes whether made before or after the commencement of this section and any Annexes added to the Convention after such commencement; “the Chief Executive” means the chief executive of the company appointed under section 38 ; “the Commissioners” means the Commissioners of Public Works in Ireland; “the company” means the company referred to in section 11 ; “contracting state” means a state, including the State, which is a party to the Multilateral Agreement;

“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 company or the Minister in respect of air navigation services or aeronautical communications services provided by Eurocontrol, the company, the Minister or any other person; “Eurocontrol” means the European Organisation for the Safety of Air Navigation (Eurocontrol) established by the Eurocontrol Convention and references to Eurocontrol include references to the Permanent Commission for the Safety of Air Navigation comprised in Eurocontrol and to the Agency; “the Eurocontrol Convention” means the International Convention relating to Co-operation for the Safety of Air Navigation signed at Brussels on the 13th day of December, 1960, as amended by the Additional Protocol signed at Brussels on the 6th day of July, 1970, the Protocol signed at Brussels on the 21st day of November, 1978, and the Protocol signed at Brussels on the 12th day of February, 1981, and by any protocols or other instruments which may be signed after the commencement of this section; “functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties; “the International Civil Aviation Organisation” means the organisation of that name established by the Chicago Convention; “Irish airspace” means the airspace within the lateral limits of the Shannon Flight Information Region, and the Shannon Upper Flight Information Region, established pursuant to the Chicago Convention; “licence” means a licence granted by virtue of section 60 and cognate expressions shall be construed correspondingly; “land” includes land covered by water and “land areas” shall be construed accordingly; “the Minister” means the Minister for Transport, Energy and Communications; “the Multilateral Agreement” means the Multilateral Agreement relating to Route Charges signed at Brussels on the 12th day of February, 1981 and any agreement whether made before or after the commencement of this section, amending or replacing that Agreement; “operator”, in relation to an aircraft, means a person engaged, or proposing to engage, in the operation of aircraft who is for the time being responsible for the management of the aircraft; “other airspace” means areas of airspace, other than Irish airspace, in which the company is authorised pursuant to agreements with— (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, or

(b) international organisations, or both, to provide air navigation services; “owner”, in relation to an aircraft, means the person who is registered as the owner of the aircraft in the register established under the Act of 1946, a register established under section 60 or a corresponding register established in a state other than the State; “the Principal Act” means the Air Navigation and Transport Act, 1936 ; “recognised trade unions and staff associations” means trade unions and staff associations recognised by the company 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— (a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form, (b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and (c) a photograph, and any reference to a copy of a record 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 a 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 company or the Minister in respect of air navigation services provided by Eurocontrol, the company 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; (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 question by another relevant authority; “State aerodromes” means Cork Airport, Dublin Airport and Shannon Airport and “State aerodrome” shall be construed accordingly; “State authority” means a Minister of the Government, the Commissioners or an agent of the Minister; “Statute of the Agency” means the Statute set out in Annex 1 to the Eurocontrol Convention and any amendments thereto made after the commencement of this Act;

“subsidiary” means a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of the company; “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death; “terminal services” means the air navigation services provided for aircraft landing at or taking off from an aerodrome or while in the vicinity of an aerodrome before landing at or after taking off from that aerodrome; “the vesting day” means the day appointed under section 11

Application to state aircraft.

3.—(1) Subject to the provisions of this section, this Act (other than this section and section 68 ) shall not apply to state aircraft or to aerodromes under the control of the Minister for Defence.

Saving for lighthouse authorities.

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

Provisions in relation to orders and regulations made by Minister or company.

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

Laying of orders and regulations before Houses of Oireachtas.

6.—Every order or regulation made by the Minister or the company 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 subsequent 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 company.

7.—(1) The Minister may give a direction in writing to the company— (a) requiring the company— (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 company, or (ii) to do or refrain from doing anything to which a function of the company relates specified in the direction the doing, or the refraining from the doing, of which is, in the opinion of the Minister, necessary or expedient in the national interest or for the purpose of enabling the Government or the State to become a member of an international organisation whose principal function or one of whose principal functions relates to air navigation or a party to an international agreement relating wholly or mainly to air navigation or to discharge its obligations as a member of such an organisation or as a party to such an agreement, (b) requiring the company— (i) to give a direction— (I) under paragraph (h) of section 60

Disposal of monies received by Minister.

8.—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 Finance may direct.

Expenses.

9.—The expenses incurred by the Minister in the execution of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

10.—(1) Section 15 of the Act of 1946, the Air Navigation (Eurocontrol) Acts, 1963 to 1983, and section 15 of the Act of 1988 are hereby repealed.

PART II

Establishment and Administration of Company Formation of company.

11.—(1) The Minister, after consultation with the Minister for Finance, shall cause a private company conforming to the conditions laid down in this Act to be formed and registered under the Companies Acts, 1963 to 1990.

Name and capital formation of company.

12.—(1) The name of the company shall be Údarás Eitlíochta na hÉireann or, in the English language, The Irish Aviation Authority.

Form of memorandum of association.

13.—The memorandum of association of the company 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 Finance.

Objects of company.

14.—(1) The principal objects of the company shall be stated in its memorandum of association to be— (a) to give effect to the Annexes to the Chicago Convention specified in the Schedule except in so far as they relate to the making of agreements between the State and other states, (b) to ensure that Irish airspace and other airspace in relation to which air navigation services are provided by the company are used in a safe and efficient manner and to facilitate their use, (c) subject to section 68 , to provide, operate and manage, or arrange for the provision, operation and management of, air navigation services in Irish and other airspace, (d) to such extent as the company considers appropriate, to operate and manage terminal services at State aerodromes and licensed aerodromes and to regulate the provision, operation and management of terminal services at State aerodromes and at licensed aerodromes, (e) 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 the commencement of this section, amending or replacing that agreement and to provide, operate and manage other aeronautical communications services, (f) to impose charges for the use of services provided by the company, (g) to arrange for the medical examination of applicants for and holders of certificates or licences issued by the company, (h) to regulate for the purposes of paragraph (a) the following: (i) the registration, airworthiness, operation and maintenance of aircraft, and (ii) the competence of persons engaged in or associated with— (I) the design, manufacture, maintenance, repair andmodification of aircraft and parts and materials for aircraft, (II) the operation of aircraft, (III) the operation and maintenance of air navigation services in Irish and other airspace and the maintenance of air navigation systems, (IV) the operation of aeronautical communications services and the maintenance of aeronautical communications systems, and (V) the operation and management of, and the provision of services at, aerodromes, (i) to advise, on its own initiative or at the request of the Minister, 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 company relates,

(j) to take such measures as it considers necessary or expedient to give effect to the purposes of— (i) the Eurocontrol Convention and the Statute of the Agency referred to therein as amended whether before or after the passing of this Act, and (ii) the Arrangements, and (iii) 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 company relate, (k) to attend (by its directors or staff) and, unless the Minister otherwise directs, to represent (by its directors or staff) the State, 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 company relate, (l) 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 company relate, on its own behalf or on behalf of others, (m) 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 company, enhance its effectiveness and profitability, (n) to provide, in relation to matters to which its functions relate, such consultancy, advisory and training services in and outside the State as the company thinks fit, and (o) to utilise, manage and develop the resources available to it in a manner consistent with the objects aforesaid.

Conferral of additional functions on company.

15.—The Minister may, if he so thinks fit, by order— (a) confer on the company such additional functions relating to civil aviation and connected with the functions for the time being of the company as he considers appropriate, and (b) make such provision as he considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the company of functions under this section or the performance by the company of functions so conferred.

General duty of company.

16.—(1) It shall be the general duty of the company— (a) to conduct its affairs so as to ensure that the revenues of the company 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.

Articles of association.

17.—(1) The articles of association of the company shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Finance.

Restriction on alteration of memorandum or articles of association.

18.—Notwithstanding anything contained in the Companies Acts, 1963 to 1990, an alteration in the memorandum of association or articles of association of the company 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 Finance.

Issue of shares, and creation of debt due, to Minister for Finance in consideration of transfer of property.

19.—(1) The company shall issue to the Minister for Finance on the vesting day such number of shares in the share capital of the company as may be agreed upon by the Minister and the Minister for Finance and may from time to time thereafter issue to the Minister for Finance such number of shares of the company as may be so agreed upon.

Issue of share to Minister.

20.—(1) The company shall issue to the Minister one share of one pound in the share capital of the company.

Issue of shares to subscribers to memorandum of association of company.

21.—(1) The company shall issue one share of one pound in the share capital of the company to each of the subscribers to the memorandum of association of the company.

Exercise of powers by Minister for Finance in respect of shares.

22.—The Minister for Finance may, subject to this Act, exercise in respect of the shares of the company held by him all the rights and powers of a holder of such shares and, where a right or power is exercisable by attorney, exercise it by his attorney.

Transfer by Minister for Finance of shares.

23.—(1) The Minister for Finance may, from time to time as occasion requires, for the purpose of compliance with so much of the Companies Acts, 1963 to 1990, as requires that there shall always be a minimum number of members of the company, transfer to any person one of his shares in the share capital of the company.

Obligation of certain shareholders to hold shares in trust.

24.—(1) A member of the company to whom a share in the share capital of the company is issued under section 21 or transferred under section 23

Payment of dividends, etc., into Exchequer.

25.—All amounts representing dividends or other money received by the Minister for Finance in respect of shares held by him in the share capital of the company and all amounts representing repayment of or interest on repayable advances received or recovered by him from the company shall be paid into or disposed of for the benefit of the Exchequer in such manner as he may direct.

Borrowing by company and subsidiaries.

26.—(1) (a) Subject to the consent of the Minister and the Minister for Finance, the company 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 Finance. (b) The aggregate at any one time of borrowings under paragraph (a) shall not exceed £100 million.

Guaranteeing by Minister for Finance of borrowing by company.

27.—(1) In relation to borrowings by the company under section 26 , the Minister for Finance, 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 thinks fit, the due repayment by the company of the principal of any money borrowed by the company or the due payment of instalments or other amounts of money owed by the company under a contract entered into by the company or the payment of interest on any money, instalment or amount or both the repayment of principal or payment of such instalments or amounts, as the case may be, and the payment of the interest, and any such guarantee may include a guarantee of payment of commission and incidental expenses arising in connection with such borrowings or such contract.

Loans by Minister for Finance to company for purposes of working capital.

28.—(1) During the period of three years from the vesting day, the Minister for Finance may make loans to the company the aggregate amount of which standing unrepaid at any time shall not exceed £15,000,000.

Provision of money for payments out of Central Fund.

29.—(1) All money from time to time required by the Minister for Finance to meet sums which may become payable by him under section 27 or 28 shall be advanced out of the Central Fund or the growing produce thereof.

Accounts and audits.

30.—(1) Without prejudice to the requirements of the Companies Acts, 1963 to 1990, in relation to balance sheets and accounts, the company shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all money received by or expended by it, including a profit and loss account, an account showing the derivation of the funds of the company and the purposes to which they are applied (referred to in subsection (2) as “the cash flow statement”) and a balance sheet, and shall also keep in such form as aforesaid all such special accounts as the Minister may from time to time direct.

Annual report and furnishing of information to Minister.

31.—(1) Not later than 6 months after the end of each accounting year, the company 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.

Reports by company on its technical and safety standards.

32.—(1) The company shall, in the period ending 3 years after the vesting day and subsequently, whenever so required by the Minister, submit to him a report in writing specifying the general technical and safety standards in relation to aircraft and air navigation that it applies and enforces in the performance of its functions.

Disclosure by directors of certain interests.

33.—(1) Where at a meeting of the directors of the company or any subsidiary any of the following matters arises, namely— (a) an arrangement to which the company or a subsidiary is a party or a proposed such arrangement, (b) a contract or other agreement with the company or a subsidiary or a proposed such contract or other agreement, (c) the giving, grant or renewal by the company or a subsidiary of a certificate, licence, authorisation or instrument of approval, or (d) the revocation, cancellation, withdrawal, suspension or endorsement by the company or a subsidiary of a certificate, licence, authorisation or instrument of approval, given or granted— (i) by the company or a subsidiary, or (ii) by the Minister under a provision of, or made under, the Acts, then, any director of the company or the first-mentioned subsidiary present at the meeting who otherwise than in his 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 company or the first-mentioned subsidiary the fact of such interest and the nature thereof, (II) shall absent himself 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.

(5)

Section 194

of the Companies Act, 1963 , shall not apply to a director of the company or a subsidiary.

Disclosure by members of staff of certain interests.

34.—(1) (a) Where a member of the staff of the company or a subsidiary has an interest, otherwise than in his capacity as such a member, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the company or the subsidiary is a party or in a matter referred to in paragraph (c) or (d) of section 33

Prohibition on unauthorised disclosure of information.

35.—(1) A person shall not disclose confidential information obtained by him while performing duties as a director or member of the staff of, or an adviser or consultant to, the company or a subsidiary unless he is duly authorised by the company or the subsidiary, as the case may be, or by a member of the staff of the company or the subsidiary, as the case may be, duly authorised in that behalf, to do so.

Decisions by company in relation to technical and safety standards of aircraft and air navigation.

36.—(1) Before making a decision in relation to or affecting technical or safety standards in relation to aircraft or air navigation or otherwise affecting or likely to affect the safety of civil aviation, the directors of the company shall obtain and consider the opinion of the Chief Executive in relation to the matter to be decided.

Membership of either House of Oireachtas or European Parliament.

37.—(1) Where a director of the company is— (a) nominated as a member of Seanad Éireann, or (b) elected as a member of either House of the Oireachtas or to the European Parliament, or (c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy, he shall thereupon cease to be a director of the company.

Chief Executive.

38.—(1) There shall be a chief executive of the company (who shall be known as and is referred to in this Act as “the Chief Executive”).

Remuneration, etc., of staff.

39.—Without prejudice to the requirements of section 40 , the company, 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 and, in addition to the foregoing, the company shall comply with any directives with regard to such remuneration, allowances, terms or conditions which the Minister may give to the company with the consent of the Minister for Finance.

Transfer of staff of Minister to company.

40.—(1) Every person who is on the day immediately before the vesting day a member of the staff of the Air Navigation Services Office of the Department of Transport, Energy and Communications and is designated by the Minister for employment by the company shall, on the vesting day, be transferred to and become a member of the staff of the company.

Superannuation.

41.—(1) The company 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 company as it may think fit.

Acquisition of land.

42.—(1) Whenever the company requests the Minister to acquire land or a right of impounding, diverting or abstracting water, the Minister, if he is satisfied that the land or right is required by the company for the purpose of the performance of its functions, shall acquire the land or right under Part V of the Principal Act, as amended, and, upon completion of the acquisition, shall transfer the land or right to the company upon such terms and subject to such conditions as may be agreed upon by the Minister and the company with the consent of the Minister for Finance or, in default of agreement, as may be determined by the Minister with the consent of the Minister for Finance.

Charges by company in respect of air navigation and aeronautical communications services.

43.—(1) (a) Subject to subsection (3), the company may by regulations require the payment to Eurocontrol, the company or the Minister of such charges, at such rates and in such currencies as may be prescribed by the company in respect of air navigation services and aeronautical communications services which, whether in pursuance of international arrangements or otherwise, are provided for aircraft by Eurocontrol, the company or the Minister and regulations under this section may provide for charges payable by virtue of such regulations to be so payable elsewhere than in the State and to be recoverable in the State wherever they are payable (without prejudice to their recovery elsewhere) and may include such incidental and supplementary provisions as the company considers appropriate for the purpose of the regulations. (b) Charges prescribed by regulations under this section may relate to all or part of the period or to all or part of an area of airspace in or in relation to which air navigation services or aeronautical communications services are provided as aforesaid for aircraft.

Other charges by company.

44.—(1) The company may charge such amounts as it considers appropriate in respect of any services (other than services referred to in section 43 ) provided by it, or property, real or personal, sold, hired or leased by it to other persons.

Recoupment by Minister of certain costs of company.

45.—(1) (a) The Minister may, with the consent of the Minister for Finance, give a direction to the company— (i) requiring the company to exempt specified classes of users of aeronautical communications services, or specified aeronautical communications services, provided by the company from the payment of fees or charges to the company for the provision of those services, or (ii) requiring the company, in accordance with the International Civil Aviation Organisation and Eurocontrol charging principles, to provide by regulations under section 43 or by order under section 60

PART III

Provisions in relation to Eurocontrol Convention Power of Minister to give effect to Eurocontrol Convention.

46.—Subject to section 5

Power of company to give effect to Eurocontrol Convention.

47.—The company may, with the consent of the Minister, make such orders in relation to matters to which functions of the company relate as appear to it to be necessary or expedient for carrying out and giving effect to, or to any provision of, the Eurocontrol Convention and the Statute of the Agency annexed thereto.

Status and privileges of Eurocontrol and privileges of its personnel.

48.—(1) Eurocontrol shall have the legal capacity of a body corporate and anything which may be required or authorised by law to be done by or to Eurocontrol may be done by or to the Agency on behalf of Eurocontrol.

Venue for proceedings for recovery of sums due to Eurocontrol.

49.—(1) Proceedings for the recovery of a sum due by a person to Eurocontrol in respect of air navigation services or aeronautical communications services provided by Eurocontrol or any other person shall be brought— (a) if the residence or, as the case may be, the registered office of the first-mentioned person, is situated in a contracting state, in that state, (b) if his residence or, as the case may be, his registered office is not situated in a contracting state, in any contracting state in which the person has a place of business, (c) if his residence or, as the case may be, his registered office is not situated, and he has no place of business, in a contracting state, in any contracting state in which he has assets, or (d) if his residence or, as the case may be, his registered office is not situated, and he has no place of business or assets, in a contracting state, in the contracting state in which Eurocontrol, for the time being, has its headquarters.

Enforceability and recognition of determination made in another contracting state.

50.—Subject to the provisions of this Act, a determination made in a contracting state other than the State shall be enforceable or recognised, as the case may be, in the State.

Application for enforcement of determination made in another contracting state.

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

Documents required to accompany request for enforcement of determination.

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

Effect of order for enforcement of determination.

53.—(1) Whenever an order for the enforcement of a determination has been made pursuant to section 51 — (a) the determination shall, to the extent to which its enforcement is authorised pursuant to the order, be of the same force and effect, and (b) for or as respects the enforcement of the determination, the High Court shall have the same powers and proceedings may be taken, as if the determination was a judgment of the High Court.

Non-recognition or non-enforcement of determination.

54.—(1) A determination by a relevant authority in a contracting state other than the State shall not be recognised or enforced in the State if— (a) the contracting state is not the state or one of the states in which, pursuant to the provisions of section 49 , proceedings leading to the making of the determination should have been brought, or (b) the determination is not final, or (c) the determination is manifestly contrary to public policy in the State, or (d) the person against whom the proceedings leading to the determination were brought did not, notwithstanding that due notice of the proceedings may have been duly served on him in the contracting state, receive notice of the proceedings in sufficient time to enable him to defend the proceedings or, as the case may be, to apply for the proceedings to be reviewed, or (e) proceedings relating to the same sum have been previously commenced, and are pending, in the State, or (f) the determination is incompatible with the judgment of any court in the State, or (g) the determination involved the application of the rules of private international law relating to a question concerning— (i) the status or legal capacity of natural persons, or (ii) rights of property arising out of a matrimonial relationship, or (iii) wills or the laws relating to succession, (being rules which are different from the corresponding rules of private international law applicable within the State) and the determination was different from the determination which would have been made if the rules of private international law applicable within the State had applied.

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

55.—As respects a determination by a court in the State, the registrar or clerk of the court shall, at the request of an interested party and subject to any rules that may be specified by rules of court, give to the interested party— (a) a certified copy of the determination, (b) in the case of a determination made in default of appearance, the original or a copy, certified by the registrar or clerk of the court to be a true copy, of a document establishing that notice of the institution of proceedings was served on the person in default, and (c) a certificate stating: (i) the nature of the proceedings, (ii) the grounds pursuant to section 49 on which the court assumed jurisdiction in the matter, (iii) the date on which the time for the lodging of an appeal against the determination will expire, or, if it has expired, the date on which it expired, (iv) whether notice of appeal against or, in a case where the defendant did not appear, a notice to set aside, the determination has been entered, (v) the rate of interest, if any, payable on so much of the amount specified in the determination as is unpaid and the date from which it is payable, (vi) such other particulars as may be specified by rules of court.

Keeping of records by aircraft operators.

56.—The company may by regulations made by it under this section— (a) require the operators of aircraft to keep records of the movements of the aircraft in such form and containing such particulars as may be specified in the regulations, (b) provide for the production to and the inspection by authorised officers of the company of records kept pursuant to the regulations, (c) provide that records of the movements of aircraft kept by such persons as may be designated in the regulations shall, until the contrary is proved, be evidence in proceedings in relation to an offence under the Acts, of the matters entered, pursuant to the regulations, in the records, and that documents purporting to be records of the movements of aircraft and to be kept by persons designated for the purpose in the regulations shall, until the contrary is proved, be deemed to be such records and to be so kept.

Parties to Eurocontrol Convention and Multilateral Agreement.

57.—(1) The Minister, after consultation with the Minister for Foreign Affairs, may by order declare that any state specified in the order is a party to the Eurocontrol Convention or the Multilateral Agreement.

PART IV

Provisions in relation to Chicago Convention, Certain Other International Agreements and Certain Organisations Power of company to make orders.

58.—(1) The company may make such orders as appear to it to be necessary or expedient for the purpose of giving effect to the Annexes to the Chicago Convention specified in the Schedule except in so far as they relate to the making of agreements between the State and other states or for the purpose of the performance of any other functions of the company.

Power of company to apply certain Annexes to Chicago Convention to internal flying.

59.—The company may by order direct that any of the provisions of the Annexes to the Chicago Convention specified in the Schedule , whether or not those provisions are limited to aircraft of any special description or engaged in any special kind of navigation, shall apply to or in relation to any aircraft in or over the State and, whenever such an order is in force, such of the said provisions as are specified in the order shall apply to or in relation to any aircraft in or over the State.

Provisions of orders made by company.

60.—(1) Without prejudice to the generality of section 58 an order under subsection (1) of that section may make provision— (a) prescribing the authority by which any of the powers exercisable under a provision of an Annexe to the Chicago Convention specified in the Schedule by a contracting state or by any authority therein are to be exercised in the State, (b) (i) for the licensing and regulation of aerodromes (other than State aerodromes) and for the regulation of aeronautical safety standards at State aerodromes, (ii) for the regulation of the refuelling of aircraft wherever they may be, (iii) for the inspection of aerodromes and terminals and installations at aerodromes and other places used for the landing of aircraft, (iv) for the inspection of aircraft, wherever they may be, (v) for the inspection of— (I) records kept by persons carrying on the business of aircraft operation in relation to that business, (II) records kept in relation to aircraft, whether by crews of aircraft, operators of aircraft, persons engaged in the manufacture, repair or maintenance of aircraft or the management of aerodromes or otherwise, (vi) for the inspection and approval of premises where there is carried on the business of— (I) the design, manufacture, maintenance, repair or modification of aircraft or parts for aircraft, (II) the production of material (including fuel) for aircraft, (III) the storage of aircraft or parts or material (including fuel) for aircraft, or (IV) the operation of aircraft, (vii) for the approval of persons carrying on a business referred to in subparagraph (vi), (viii) for the inspection of work carried on in premises referred to in subparagraph (vi), (ix) for the licensing of persons engaged in the inspection or supervision of aircraft, (x) for prohibiting or regulating the use of unlicensed aerodromes or the use of other places for the landing of aircraft, (c) as to the manner and conditions of the issue and renewal of any certificate or licence required by an order under this Act or by any such Annexes including provisions requiring the passing of examinations and tests before such issue or renewal and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such certificate or licence, (d) as to the registration of aircraft in the State, (e) as to the conditions subject to which aircraft may be used in different circumstances and for different purposes, (f) as to the conditions subject to which aircraft may enter or leave, or operate in, the State or passengers or goods may be conveyed by aircraft into or from the State or within the State,

(g) if the company considers it appropriate to do so, exempting from the provisions of an order under this section or any such Annexe, or any of them, aircraft flown for experimental purposes or any other classes of aircraft or any classes of persons, (h) for the giving of directions by the company prohibiting the flight by aircraft over an area specified in the direction and declared therein to be a prohibited area, (i) for the giving of directions by the company appointing any area of airspace to be— (I) a restricted area, that is to say, an area of airspace within which the flight of aircraft is made subject to specified restrictions, or (II) a danger area, that is to say, an area of airspace within which it is declared in the direction that activities may exist at specified times that are a danger to aircraft in flight, (j) (i) requiring the payment of fees in respect of the application for the grant or renewal of any certificate, licence or instrument of approval or otherwise for the purposes of an order under this section or the said Annexes and specifying their amount, (ii) for securing compliance with a direction under section 45 (1) (a) (ii), (k) supplementing any such Annexe, in such manner as may appear to it to be necessary or expedient so as to promote the safety of aircraft and of persons and property carried in them and to prevent aircraft endangering persons and property, (l) for the control and regulation of lights the purpose of which is to aid air navigation, other lights at or in the neighbourhood of aerodromes and lights which are liable to endanger aircraft, (m) for requiring the installation of warning lights on buildings or other structures which might constitute a danger to aircraft, (n) regulating the making of signals and other communications by or to aircraft and persons carried therein, and regulating the use of any sign for purposes connected with air navigation, and (o) for access to and entry on or into any premises or place or any aircraft by a person where such access or entry is reasonably necessary for the performance by the person of functions conferred on him by any such order.

Expenses of international organisations.

61.—(1) Any sums required for the contribution by the State for membership of or for the organisation and operations of— (a) the International Civil Aviation Organisation, (b) Eurocontrol, (c) the European Civil Aviation Conference, or (d) any other international organisation specified by the Minister by order after consultation with the company whose functions relate to a matter to which a function of the company relates, shall be paid by the Minister out of moneys provided by the Oireachtas.

Attendance of company at meetings of or organised by certain international organisations.

62.—(1) (a) The company may attend a meeting of or organised by any of the organisations specified in paragraph (b) in so far as the meeting relates to a matter to which a function of the company relates with, in the case of an organisation specified in subparagraph (iv) of paragraph (b), the consent of the Minister and, if the organisation has functions in addition to those relating to civil aviation, the consent of the Minister for Foreign Affairs. (b) The organisations referred to in paragraph (a) are: (i) the International Civil Aviation Organisation, (ii) Eurocontrol, (iii) the European Civil Aviation Conference, (iv) any other international organisation of which the State is a member and whose functions relate to a matter to which a function of the company relates. (c) The representatives of the company at a meeting of or organised by an organisation referred to in subparagraph (i), (ii) or (iii) of paragraph (b) shall also represent the State at the meeting unless the Minister otherwise directs and the representatives of the company at a meeting of or organised by an organisation referred to in subparagraph (iv) of paragraph (b) shall, if so directed by the Minister with the consent of the Minister for Foreign Affairs, also represent the State.

Negotiation by company of certain agreements with international organisations or other states.

63.—(1) The company may, with the consent and on behalf of the Government, conduct negotiations with the states or organisations concerned in relation to the making or amendment of international agreements to which the State or the Government will be or is a party for the provision in the State of air navigation services or aeronautical communications services or affecting any other matter to which a function of the company relates.

PART V

Miscellaneous Costs of investigation by Minister of accidents to aircraft.

64.—(1) The Minister may by order provide for the payment by the owner or operator of an aircraft of all or part of the costs incurred by the Minister in the investigation of an accident of a specified kind, or other incident of a specified kind, involving the aircraft.

Powers of company in relation to accidents and other incidents affecting aircraft.

65.—(1) The company may by order— (a) require that notice be given to the company in such manner, within such time and by such person as may be specified of— (i) any accident involving an aircraft notice of which is required by or under the Acts to be given to the Secretary of the Department of Transport, Energy and Communications, or (ii) any incident (other than an accident aforesaid) of a kind specified in the order involving aircraft, and (b) provide for the investigation by officers of the company of incidents specified pursuant to paragraph (a) (ii) in an order under this section.

Power of Minister to require cancellation or refusal of registration of aircraft.

66.—(1) If it appears to the Minister that an aircraft does not comply with the standards specified in a direction under section 13 of the Act of 1988, he may give a direction in writing to the company requiring it to cancel the registration of the aircraft under this Act on such date as may be specified in the direction or, as may be appropriate, to refuse to register the aircraft under this Act.

Detention of aircraft.

67.—The powers conferred on the Minister by sections 32 and 41 of the Act of 1988 in relation to a matter to which a function of the company relates shall, in lieu of being exercisable by the Minister, be exercisable by the company with the following, and any other necessary, modifications: (a) the references in the said section 32 to aerodrome charges shall be construed as references to charges for air navigation services or aeronautical communications services payable to the Minister or the company or, under the terms of the Multilateral Agreement, to Eurocontrol, (b) the references in the said section 32 to aircraft documents shall be construed as references to certificates, records or other documents relating to the use of an aircraft or its equipment, (c) in the said section 32— (i) in subsection (2), “or, in case the charges are alleged to be due to Eurocontrol, to Eurocontrol” shall be inserted after “as the case may be,”, (ii) in subsection (3) (a), “or Eurocontrol” shall be inserted after “authority”, and (iii) in subsection (10) “or Eurocontrol” shall be inserted after “authority”, (d) in subsection (1) of the said section 41, the following shall be substituted for paragraphs (a) to (d): “(a) any provision of the Irish Aviation Authority Act, 1993, or order or regulations made or directions given thereunder, (b) the Annexes to the Chicago Convention specified in the Schedule to the Irish Aviation Authority Act, 1993, (c) (i) the Eurocontrol Convention, (ii) the Principal Act and instruments made thereunder, (iii) orders made under Part II of the Act of 1946 and regulations made and directions given under such orders, or (iv) instruments made under the Air Navigation (Eurocontrol) Act, 1963 .”, and (e) in the said section 41, the following shall be substituted for subsection (6): “(6) In this section ‘authorised officer’ means an authorised officer of the company within the meaning of the Irish Aviation Authority Act, 1993.”.

Designation of areas of Irish airspace for use by Defence Forces.

68.—(1) The company shall by order made with the consent of the Minister and the Minister for Defence designate areas of Irish airspace (an area so designated being referred to in this section as “a designated area”) for use by the Defence Forces.

Charge of rates on property of company.

69.—Property vested in the company on or after the vesting day shall from the commencement of the financial year commencing next after the vesting day, cease to be exempt from the rate chargeable by a local authority notwithstanding that the property may appear as exempt on a valuation list.

Transfer of certain functions under Wireless Telegraphy Act, 1926, and application of section 3 thereof, to company.

70.—(1) The Minister may by order transfer to the company the functions of the Minister under section 5 of the Wireless Telegraphy Act, 1926 , or assign to the company functions of the Minister under section 7 of that Act in so far, in each case, as they relate to apparatus for wireless telegraphy in aircraft.

Restriction of Worker Participation (State Enterprises) Acts, 1977 to 1991.

71.—The Worker Participation (State Enterprises) Acts, 1977 to 1991, shall not apply to the company.

Miscellaneous amendments of Acts.

72.—(1) Sections 55 and 56 of the Principal Act, as amended, in each case, by the Act of 1988, shall have effect as if the references to an order under Part II of the Act of 1946 included references to an order under this Act.