(2)The powers conferred on the Minister by sections 13 and 14 of the Air Navigation and Transport Act, 1950 , may be exercised also by the company and, for the purposes of such exercise— (a) the references in paragraphs (a) and (b) of subsection (2) of section 13 to an authorised person shall be construed as references to an authorised officer of the company, and (b) the references in those sections to the Minister shall be construed as references to the company.
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(3)The powers conferred on the Minister by section 9 of the Act of 1988 in relation to the licences and authorisations specified in that section may be exercised by him also in relation to licences and authorisations for the operation of aerodromes granted by the company.
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(4)An authorised officer of the company may for the purposes of the enforcement of any provisions of— (a) the Acts or this Act or an instrument made or given thereunder and relating to a matter to which a function of the company relates, (b) the Annexes to the Chicago Convention specified in the Schedule , or (c) the Eurocontrol Convention, exercise any of the powers conferred by section 18 of the Act of 1988 on an authorised person within the meaning of that section and, for the purposes of such exercise, subsections (2) and (4) of that section shall apply in relation to an authorised officer of the company as they apply in relation to an authorised person within the meaning aforesaid.
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(5)The powers conferred on an authorised officer within the meaning of section 33 of the Act of 1988 by subsection (1) (b) of that section may be exercised by an authorised person within the meaning of section 18 of that Act.
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(6)(a) Section 28 of the Act of 1988 is hereby amended by the substitution of “£100,000” for “£50,000” in each place where it occurs in subsections (1) (b), (2) (b) and (3) (b). (b) Section 29 of the Act of 1988 is hereby amended by the substitution of “£100,000” for “£50,000” in subsections (1) (b) and (2) (b).
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Proceedings.
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73.—(1) Summary proceedings for an offence consisting of a contravention of an instrument to which section 74 applies made, given or issued by the company or an offence under section 74
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(5)(other than an offence in relation to an authorised officer) may be brought and prosecuted by the company.
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(2)Summary proceedings for an offence under section 33 , 34 , 35 or 36 or an offence consisting of a contravention of an instrument to which section 74 applies made, given or issued by the Minister or an offence under section 74 (5) in relation to an authorised officer may be prosecuted by the Minister.
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(3)Notwithstanding section 10
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(4)of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.
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Offences.
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74.—(1) Without prejudice to subsection (2), if in relation to an aircraft there is a contravention of a provision of this Act or an instrument to which this section applies, the operator of the aircraft (not being the State) and the pilot in command thereof shall be deemed to have contravened the provision or instrument, as the case may be.
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(2)A person who contravenes or is deemed to have contravened an instrument to which this section applies or fails to comply with a condition thereof shall be guilty of an offence.
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(3)A person guilty of— (a) an offence under section 33 , 34 , 35 or 36, or (b) an offence under subsection (2) (other than such an offence consisting of a contravention of regulations under section 43
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(4)or 56 ), shall be liable— (i) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or (ii) on conviction on indictment, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 3 years or to both.
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(4)A person guilty of an offence under subsection (2) consisting of a contravention of a regulation under section 43
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(4)or section 56 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.
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(5)A person who obstructs or impedes an authorised officer, an authorised officer of the company, a member of the staff of the company or an officer of Eurocontrol in the performance of any function conferred on him by or under this Act or fails to furnish to such a member information to which he is entitled under an order under section 65 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.
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(6)In a prosecution of a person for an offence under this Act (other than sections 33 to 36), it shall be a defence for the person to prove that the contravention concerned was due to stress of weather or other unavoidable cause and in a prosecution of the operator or pilot in command of an aircraft for such an offence, it shall be a defence for him to prove that the contravention concerned took place without his actual default or privity.
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(7)Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager or secretary of such body, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.
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(8)On conviction of a person on indictment for an offence under this Act, the court may, in addition to any other penalty, order any apparatus, equipment or other thing, other than an aircraft, used to commit the offence to be forfeited.
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(9)(a) In this section “an instrument to which this section applies” means an order or regulation made under this Act or (in so far as it relates to a matter to which a function of the company relates) the Acts or the Air Navigation (Eurocontrol) Acts, 1963 to 1983, a direction or authorisation to aircraft to proceed given under this Act or (in so far as it relates to such a matter as aforesaid) the Acts or under an order or regulation made under this Act or (in so far as it relates to such a matter as aforesaid) the Acts and a certificate, licence or authorisation issued or given under this Act or (in so far as it relates to such a matter as aforesaid) the Acts. (b) In paragraph (a) “authorisation to proceed” means an authorisation or instruction, whether oral or written and by whatever name called given by or on behalf of the company to the pilot in charge of an aircraft in relation to the piloting, control or movement of the aircraft or otherwise in relation to the aircraft.
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PART VI
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Transitional Provisions Continuance of certain instruments.
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75.—(1) An order, regulation, direction, licence, permission, register, registration, certificate, instrument of approval, notice, instruction or other instrument, document or record that was made, given, established, issued or granted under a provision of, or made under, the Acts, relates to a matter to which a function of the company relates and is in force immediately before the vesting day shall, on and after the vesting day, in so far as it so relates, continue in force and may be amended, revoked, cancelled, withdrawn, suspended or endorsed by the company as if it had been made, given, established, issued or granted under the corresponding provision of, or made under, this Act.
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(2)References in any statute or instrument under statute or other document or record referred to in subsection (1) to the Minister shall, on and after the vesting day, in so far as the reference relates to a matter to which a function of the company relates, be construed as a reference to the company.
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Continuance of pending legal proceedings.
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76.—Any legal proceedings relating to a matter to which a function of the company relates and pending immediately before the vesting day to which the Minister, any other State authority or the State is a party shall be continued with the substitution in the proceedings, in so far as they so relate, for any such party of the company.
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Transfer of land.
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77.—(1) (a) On the vesting day such land which, immediately before that day, was vested in the Minister, the Minister for Finance or the Commissioners as may be designated by the Minister for the purposes of this section with the consent of the Minister for Finance and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, but subject to subsection (2), stand vested in the company for all the estate or interest for which immediately before the vesting day it was vested in the Minister, the Minister for Finance or the Commissioners, as the case may be, but subject to all trusts and equities affecting the land subsisting and capable of being performed. (b) On such day after the vesting day, but not more than one year thereafter, as may be specified by the Minister with the consent of the Minister for Finance, such land vested in the Minister, the Minister for Finance or the Commissioners as may be designated by the Minister for the purposes of this section with the consent of the Minister for Finance and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, but subject to subsection (2), stand vested in the company for all the estate or interest for which immediately before the day so specified it was vested in the Minister, the Minister for Finance or the Commissioners but subject to all trusts and equities affecting the land subsisting and capable of being performed.
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(2)Subsection (1) shall not operate to vest in the company any minerals or any rights of mining or taking minerals, or any foreshore, within the meaning of the Foreshore Act, 1933 .
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(3)Where, immediately before the vesting day, land vested in the Minister, the Minister for Finance or the Commissioners was being used for the purpose of a function of the Minister corresponding to a function of the company, the Minister, the Minister for Finance or the Commissioners, as the case may be, may, upon and subject to such terms and conditions as the Minister, the Minister for Finance or the Commissioners, as the case may be, may determine, lease or let the land to, or license its use by, the company or a subsidiary.
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Transfer of other property.
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78.—(1) On the vesting day all property other than land, including choses-in-action, which immediately before that day was the property of the Minister and was used in connection with a function of the Minister corresponding to a function of the company shall stand vested in the company without any assignment.
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(2)The Minister may on his own initiative and shall on the application of the company issue a certificate in respect of specified prop erty stating, as he thinks proper, that the property vested in the company under this section or did not so vest and the certificate shall be conclusive evidence of the facts so stated.
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(3)Every chose-in-action transferred by subsection (1) to the company may, after the vesting day, be sued on, recovered or enforced by the company in its own name and it shall not be necessary for the company or the Minister to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.
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Transfer of rights and liabilities.
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79.—(1) Subject to sections 80 and 81 , all rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him before the vesting day in relation to a function of the Minister corresponding to a function of the company shall on that day stand transferred to the company.
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(2)The Minister may on his own initiative and shall on the application of the company issue a certificate in respect of a specified contract or commitment stating, as he thinks proper, that the rights and liabilities of the Minister thereunder were transferred on the vesting day to the company under this section or were not so transferred and the certificate shall be conclusive evidence of the facts so certified.
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(3)Every right and liability transferred by subsection (1) to the company may, on and after the vesting day, be sued on, recovered or enforced by or against the company in its own name and it shall not be necessary for the company or the Minister to give notice to the person whose right or liability is transferred by this section of such transfer.
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Transitional financial provisions.
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80.—(1) The company shall pay to or in respect of every officer of the Minister transferred to the staff of the company under this Act any amount due to or in respect of that officer in respect of service as such officer and unpaid on the vesting day and the company shall, with the concurrence of the Minister for Finance, be reimbursed by the Minister in respect of any such payments (other than payments made in respect of untaken leave).
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(2)The company may pay any amounts owed by the Minister for goods and services provided to the Minister in the performance of a function of the Minister corresponding to a function of the company, and unpaid on the vesting day, and the company shall, with the concurrence of the Minister for Finance, be reimbursed by the Minister in respect of any such payments.
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(3)The Minister shall, with the concurrence of the Minister for Finance, pay to the company an amount equal to the amount of any advance payments received by him before the vesting day in respect of goods or services to be provided by the company on or after the vesting day less the amount of any costs incurred by him in collecting such payments.
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(4)The company shall collect any amount due to the Minister after the vesting day in respect of goods or services provided by the Minister before the vesting day in the performance of a function of the Minister corresponding to a function of the company and, for the purposes of this subsection, any such amount shall be deemed to be a simple contract debt due to the company that may be recovered by the company in any court of competent jurisdiction; and the company shall pay to the Minister an amount equal to the amount of any sum collected or recovered by it under this section less the amount of any costs incurred by it in collecting or recovering the amount.
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(5)Where any payments fall to be made by the company in respect of overpayments made to the Minister for goods and services provided by him before the vesting day in the performance of a function of the Minister corresponding to a function of the company, the Minister shall pay to the company an amount equal to the amount of the payments aforesaid.
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(6)All sums required to be paid under this section shall become due and payable on such date or dates as the Minister, in consultation with the company and with the concurrence of the Minister for Finance, may determine.
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(7)The company shall furnish to the Minister such information, records and documents as the Minister may require for the purposes of this section and the Minister and his officers may inspect and take copies of or of extracts from all relevant records and documents of the company.
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(8)The Minister shall furnish to the company such information, records and documents as the company may require for the purposes of this section and the company and its officers may inspect and take copies of or of extracts from all relevant records and documents held by the Minister, his Department or other State authorities.
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(9)In the event of a disagreement as to any amount to be paid by the Minister to the company or by the company to the Minister under this section, the decision of the Minister, given with the concurrence of the Minister for Finance, shall be final.
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Liability for loss occurring before vesting day.
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81.—(1) Subject to subsection (2), where a claim in respect of any loss, injury or damage arising out of the exercise before the vesting day of functions transferred to the company by or under this Act has not been made before that day or, if so made, has not been satisfied or otherwise disposed of, the claim shall, after that day, lie against the company and not against the Minister, any other State authority or the State.
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(2)Subsection (1) shall not apply in relation to a loss or an injury or damage referred to in subsection (1) if there is in force a policy of insurance under which the Minister is insured against any sum which he is liable to pay by way of damages or costs in respect of the loss, injury or damage.
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(3)Where, before the vesting day, agreement in settlement of a claim to which subsection (1) relates has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the person making the claim and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable against the Minister, any other State authority or the State, be enforceable against the company and not against the Minister, any other State authority or the State.
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(4)Any claim made or proper to be made by the Minister, any other State authority or the State in respect of any loss, injury or damage arising from the act or default of any person before the vesting day shall, where the claim relates to functions assigned to the company by or under this Act, be regarded as made by or proper to be made by the company and may be pursued and sued for by the company as if the loss, injury or damage had been suffered by the company.
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(5)Where, before the vesting day, settlement of a claim to which subsection (4) relates has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the Minister, any other State authority or the State and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable by the Minister, any other State authority or the State, be enforceable by the company.
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(6)This section does not apply to a claim by one State authority against another.
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(7)The Minister shall pay to the company a sum equal to the amount of any payment made by the company in respect of a claim referred to in subsection (1) or (3) including any payment in respect of costs necessarily incurred in relation to the claim by any party.
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(8)The company shall pay to the Minister a sum equal to the amount of any payment received by the company in respect of a claim referred to in subsection (4) or (5) less the amount of any payment made by the company in respect of costs necessarily incurred by it in relation to the claim and, where such a claim is unsuccessful, the Minister shall pay to the company an amount equal to the amount of any payment made by the company in respect of costs necessarily incurred by it in relation to the claim.
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SCHEDULE Annexes to Chicago Convention in relation to which functions stand conferred on company.
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Sections 14 , 58 to 60 , 67 and 72 .
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Annexe 1 —Personnel Licensing Annexe 2 —Rules of the Air Annexe 4 —Aeronautical Charts Annexe 5 —Units of Measurement to be used in Ground and Air Operations Annexe 6 —Operation of Aircraft Annexe 7 —Aircraft Nationality and Registration Marks Annexe 8 —Airworthiness of Aircraft Annexe 10—Aeronautical Telecommunications Annexe 11—Air Traffic Services Annexe 14—Aerodromes Annexe 15—Aeronautical Information Services Annexe 16—Environmental Protection Annexe 18—The Safe Transport of Dangerous Goods by Air Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais