PART I

Preliminary and General

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

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions (including the application of section 10 to different enactments specified therein).

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 (2) to be the vesting day.

(2) A reference in this Act to a certificate or licence includes a reference to an instrument of approval or other authorisation or permission and a reference in this Act to the grant or renewal of a certificate or licence includes a reference to the validation, revalidation or variation of the certificate or licence.

(3) A reference in this Act to a section, Part or Schedule is a reference to a section or Part of or the Schedule to this Act unless it is indicated that reference to some other enactment is intended.

(4) A reference in this Act to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(5) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted, whether before or after the commencement of this section, by or under any subsequent enactment.

(6) Where any function of the company is, under the memorandum of association of a subsidiary, a function of the subsidiary, every provision of, or of any instrument under, this Act or any other enactment relating to the company shall, in respect of that function, apply to the subsidiary as it applies to the company.

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.

(2) Subject to the Defence Acts, 1954 to 1993, and the exigencies of the security of the State, aircraft of the Defence Forces being operated in Irish airspace outside a designated area (within the meaning of section 68 ) shall be so operated in accordance with any arrangements in force for the time being made by the Minister for Defence and the company.

(3) Aircraft being used for customs or police purposes of the State shall, when being operated in Irish airspace, comply with any directions issued by virtue of section 60 that are in force unless, in the case of an emergency, such compliance is not reasonably possible.

(4) The Minister may by order declare that specified provisions of, or of instruments under, this Act shall, with any specified modifications, apply to state aircraft (other than state aircraft of the State), and any such provision so declared shall apply and have effect accordingly.

(5) In this section “state aircraft” means aircraft of any state used in the military, customs or police service of that state.

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.

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.

(2) An order or regulation made by the Minister or the company under this Act may authorise the Minister or the company, as the case may be, to give directions for carrying out the purposes of the order or regulation, as the case may be, in respect of such matters and things as may be specified in the order or regulation, as the case may be, and, where an order or regulation so authorises, the Minister or the company, as the case may be, may give such a direction.

(3) An order or regulation made by the Minister or the company under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister or the company, as the case may be, to be necessary or expedient for the purposes of the order or regulation.

(4) Before making an order or regulation, or giving a direction (other than a direction to the company), under or by virtue of this Act or the Acts relating to a matter to which a function of the company relates, the Minister shall consult with the company in relation to the order, regulation or direction.

(5) (a) The Minister may by order amend or revoke an order made by him under this Act and by direction amend or revoke a direction given by him under or by virtue of this Act.

(b) The company may by order amend or revoke an order made by it under this Act and by direction amend or revoke a direction given by it under or by virtue of this Act.

(c) An order or direction under this subsection shall be made or given in the like manner and its making or giving shall be subject to the like (if any) consents and conditions as the order or direction that it is amending or revoking.

(6) The Minister shall not—

(a) make an order or regulation under this Act or the Acts in relation to a matter as respects which the company may make an order or regulation under this Act or the Acts, or

(b) give a direction (other than a direction to the company) in relation to a matter as respects which the company may give a direction.

(7) Before making an order under section 15 or 58 (2) or an order amending or revoking such an order, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.

(8) Before making an order or regulation under this Act, the company shall inform the Minister of its intention to make the order or regulation and of its purpose.

(9) The Chief Executive or any other member of the staff of the company may, if duly authorised in that behalf by the company in relation to a particular direction or class of direction which the company is authorised to give, give the direction or a direction of that class, as the case may be, on behalf of the company.

(10) The company shall not, in any order or regulation made or direction given under or by virtue of this Act, make provision in relation to the safeguarding of civil aviation against acts of unlawful interference.

(11) As soon as may be after the making of an order or regulation by the company it shall cause it to be published in Iris Oifigiúil.

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.

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 (1) in relation to a specified area,

(II) under subparagraph (I) of paragraph (i) of section 60 (1) in relation to specified restrictions on the flight of aircraft in a specified area of airspace, or

(III) under subparagraph (II) of the said paragraph (i) in relation to a specified area of airspace,

or

(ii) to revoke or amend a direction given by the company under section 60 (1) pursuant to a direction of the Minister under this subsection,

(c) for the purposes of section 16 of the Act of 1988, or

(d) whenever the Minister is satisfied that the interests of the State or the public so require, requiring the company to achieve and maintain, in relation to the measures taken by it and the human and material resources employed by it for the purpose of safeguarding civil aviation against acts of unlawful interference, standards not lower than those specified.

(2) If the company considers that compliance by it with a direction under subsection (1) would adversely affect the safety of aircraft, it shall so inform the Minister.

(3) The company shall comply with a direction under this section.

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.

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.

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.

(2) An order or regulation that is made under a provision of the Air Navigation (Eurocontrol) Acts, 1963 to 1983, and is in force immediately before the commencement of this section shall continue in force on and after such commencement and may be amended or revoked as if made under the corresponding provision of this Act and a reference in any such order or regulation to the Minister shall, in so far as the order or regulation relates to a matter to which a function of the company relates, be construed as a reference to the company.