Irish Aviation Authority Act , 1993

PART I Preliminary and General

1. Short title and commencement.

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. 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;

F1[“authorised officer" means a person authorised, or deemed to be authorised, undersection 63B(1)to perform the functions conferred on authorised officers by or under this Act or theAir Navigation and Transport Act 2022;]

F1[“authorised officer of the company" means a person referred to in 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 or theAir Navigation and Transport Act 2022;]

“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;

F2["contracting state" means a state, including the State, which is a party to Annex IV of the Eurocontrol Convention;]

“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;

F3["electronic device" includes any device that uses electronic, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data, or both store and transmit data;]

F3["electronic record" includes electronic, digital, magnetic, optical, electromagnetic, biometric or photonic means of storing data, or other forms of related technology, or any combination thereof, by means of which data is stored;]

F2["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 General Assembly and the Council comprised in Eurocontrol and to the Agency;]

F2["Eurocontrol Convention" means the International Convention relating to Co-operation for the Safety of Air Navigation signed at Brussels on 13 December 1960, as amended by the Additional Protocol signed at Brussels on 6 July 1970, the Protocol signed at Brussels on 21 November 1978 and the Protocol signed at Brussels on 12 February 1981, as consolidated by the Protocol signed at Brussels on 27 June 1997, (the consolidated text of which is set out for convenience of reference in the English language inSchedule 1to the Aviation Act 2006), the Final Act and Protocol on the accession of the European Community to the Eurocontrol Convention signed at Brussels on 8 October 2002 (the text of which is set out for convenience of reference in the English language inSchedule 2to the Aviation Act 2006), and by any other protocol or other instrument which may be signed after the passing of the Aviation Act 2006;]

“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;

F3["Irish Coast Guard" means that part of the Department of Transport that is known by that name;]

“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;

F2["The Minister" means the Minister for Transport;]

F4[…]

“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;

F1["record" includes, in addition to a record in writing and an electronic record and—

(a) a disc, tape, sound-track or other device in which data, sounds or signals are embodied so as to be capable, with or without the aid of some other mechanical or electrical equipment, of being reproduced in legible or audible form,

(b) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electrical equipment, of being reproduced in visual form, and

(c) a photograph, map, plan or drawing,

and any reference to a copy of records includes, in the case of a record falling withinparagraph (a)only, a transcript of the sounds or signals embodied therein, in the case of a record falling withinparagraph (b), a still reproduction of the images embodied therein and, in the case of a record falling within both of those paragraphs, such transcript together with such a still reproduction;]

“relevant authority”, in relation to a contracting state, means—

(a)any court or tribunal which, under the law of that state, may determine questions as to whether or not a sum is due to Eurocontrol, the 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;

F4[…]

“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. 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.

(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. 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.

5. 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.

(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)F5[…]

6. Laying of orders and regulations before Houses of Oireachtas.

6.—Every order or regulation made by the Minister or the company under this Act F6[, other than an order made by the Minister undersection 15or58(2),] 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. 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 (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. 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.

9. 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.

10. 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.

(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.

PART II Establishment and Administration of Company

11. 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.

(2)The Minister shall by order appoint a day to be the vesting day for the purposes of this Act as soon as practicable after the registration of the company under the Companies Acts, 1963 to 1990.

12. 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.

(2)The authorised share capital of the company shall be such amount as may be determined from time to time by the Minister for Finance, after consultation with the Minister, divided into shares of one pound each.

F7[(3) Section 6 (1)(b) of the Companies Act, 1963, shall not apply to the company.]

13. 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.

14. 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 F9[Schedule 1] 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—

F8[(i) the Eurocontrol Convention,]

(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.

(2)Nothing in this section shall prevent or restrict the inclusion among the objects of the company, as stated in its memorandum of association, of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act or with the active promotion of aviation safety and the orderly development of civil aviation.

(3)The company shall have power to do anything (including making regulations) that appears to it to be necessary, expedient, or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in, or in an order under, this Act or in its memorandum of association and is not inconsistent with any law for the time being in force.

(4)The Minister may, for the purpose of giving full effect to the conferral of functions by or under this Act on the company, by order adapt any enactment with the consent of any other Minister of the Government responsible for the administration of that enactment.

(5)Any function conferred on the company by or under this Act and which, immediately before the commencement of this section, was a function of the Minister shall, upon such commencement, cease to be a function of the Minister.

F9[(6) (a) For the avoidance of doubt, the reference to "(including making regulations)" insubsection (3)includes making regulations that apply to the Irish Coast Guard.

(b) The company shall consult with the Irish Coast Guard before it makes regulations that apply to the Irish Coast Guard.

(c) The company shall, in making regulations that apply to the Irish Coast Guard, have regard to—

(i) the public benefit of the Irish Coast Guard,

(ii) the need to balance safety regulation with the need to provide effective emergency aviation responses to medical emergencies, accidents and serious incidents within the State,

(iii) the need to provide for greater specificity in relation to the regulatory framework for the oversight of aviation activities by and for the Irish Coast Guard, and

(iv) any regulations made undersection 69A.]

15. 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.

16. 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.

F10[(1A) (a) It shall be the duty of the company to provide such assistance and advice as the Minister may require it to provide for the Minister or any other person in connection with any of the Minister’s functions relating to civil aviation.

(b) A requirement underparagraph (a)may be expressed as a continuing requirement in relation to a type of assistance or advice specified in the requirement.

(c) It shall be the duty of the company to give the Minister such information as the Minister may specify and the company has or can reasonably be expected to obtain with respect to such matters relating to it or to civil aviation as the Minister may specify.

(d) It shall be the duty of the company to permit the Minister to have access to all documents which are under its control and relate to matters specified pursuant toparagraph (a),(b)or(c).

(e) The company shall be entitled to recover expenses reasonably incurred by it in providing assistance or advice to the Minister pursuant to this subsection.]

(2)Nothing in section 14 or this section shall be construed as imposing on the company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

17. 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.

(2)F11[Subject tosubsection (3), the articles] of association of the company shall provide that—

(a)the number of directors (including the chairman) shall be F11[7, 8 or 9];

(b)the chairman and other directors shall be appointed and may be removed from office by the Minister with the consent of the Minister for Finance;

(c) (i)subject to subparagraph (ii), each director (including the chairman) shall be appointed for a period of F11[not more than 5 years] and shall be eligible for reappointment,

(ii)of the first directors, other than the chairman, 2, who shall be selected by lot at the first meeting of the directors, shall hold office for a period of 1 year, 2, who shall be selected as aforesaid, shall hold office for a period of 2 years, 2, who shall be selected as aforesaid, shall hold office for a period of 3 years and 2, who shall be selected as aforesaid, shall hold office for a period of 4 years;

(d)the directors may act notwithstanding one or more vacancies in their number;

(e)the remuneration and allowances for expenses of the chairman and other directors shall be determined by the Minister with the consent of the Minister for Finance;

(f)F12[…]

(g)the company shall, in consultation with recognised trade unions and staff associations, establish machinery for the purposes of negotiations concerned with the pay and conditions of service of its staff;

(h)the company may, with the approval of the Minister given with the consent of the Minister for Finance, acquire or establish subsidiaries or invest in other undertakings for the purpose of carrying out its objects as stated in its memorandum of association, and may assign any of its functions to subsidiaries;

(i)the company shall not dispose of a subsidiary to which a function specified in paragraphs (a) to (k) of section 14 (1) stands assigned;

(j)the aggregate amount standing invested (whether by the purchase of shares or the provision of loans or guarantees of loans) by the company in enterprises (including subsidiaries) shall not exceed £25,000,000 without the approval of the Minister given with the consent of the Minister for Finance, investments such as aforesaid by a subsidiary being regarded for the purposes of this paragraph as investments of the company.

F13[(3)Paragraphs (a)and(b)ofsubsection (2)shall not apply to a director of the company who is such director by virtue ofsection 38(6).]

18. 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.

19. 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.

(2)The Minister shall, with the consent of the Minister for Finance, issue to the company on or before the vesting day a certificate stating the amount which in the opinion of the Minister represents the value of the property to be transferred to the company pursuant to sections 77, 78 and 79 on the vesting day.

(3)On the vesting day an amount equal to the value of the property aforesaid less the nominal value of the shares of the company issued to the Minister for Finance under subsection (1) on the vesting day shall become and be a debt due by the company to the Minister for Finance and the debt shall be subject to such terms and conditions (including terms and conditions in relation to its repayment and payment of interest thereon) as may be determined by the Minister for Finance.

(4)If property is transferred to the company under section 77 after the vesting day, the Minister shall, with the consent of the Minister for Finance, issue as soon as may be to the company a certificate stating the amount which in his opinion represents the value of the property and, upon such issue, an amount equal to the amount aforesaid shall become and be a debt due by the company to the Minister for Finance and the debt shall be subject to such terms and conditions (including terms and conditions in relation to its repayment and payment of interest thereon) as may be determined by the Minister for Finance.

20. 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.

(2)The Minister may exercise in respect of his share in the share capital of the company 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.

(3)The cost of such share shall be advanced to the Minister out of the Central Fund or the growing produce thereof.

(4)The Minister shall not transfer or alienate his share in the share capital of the company.

21. 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.

(2)The cost of such shares shall be advanced to the subscribers out of the Central Fund or the growing produce thereof.

22. 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.

23. Transfer by Minister for Finance of shares.

23.— (1)The Minister for Finance may, from time to time as occasion requires, F14[…] transfer to any person one of his shares in the share capital of the company.

(2)F14[…]

24. 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 (1) or this section shall hold that share in trust for the Minister for Finance and shall accordingly be bound to pay all dividends and other money which he receives in respect of the share to the Minister for Finance for the benefit of the Exchequer and to transfer, as and when required by the Minister for Finance, the share to him or a person nominated in that behalf by him.

(2)Save when required pursuant to subsection (1), such member shall not transfer or alienate his share in the share capital of the company.

(3)Upon the death of a member of the company referred to in subsection (1), the share in the share capital of the company held by such member shall, without the necessity for a transfer, vest in the Minister for Finance.

25. 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.

26. 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.

F15[(b) The aggregate at any time of borrowings underparagraph (a)shall not exceed—

(i) such amount as the Minister has, with the consent of the Minister for Public Expenditure and Reform, specified by order, or

(ii) if no such amount stands so specified, €40 million.]

(2)The company or a subsidiary may borrow money (including money in a currency other than the currency of the State) temporarily but the aggregate standing unrepaid at any time of such borrowings shall not exceed such amount as may stand approved for the time being by the Minister and the Minister for Finance.

(3)For the purposes of this section, moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated at the rate of exchange prevailing at the time of the borrowing for that currency and the currency of the State.

27. 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.

(2)The Minister for Finance shall not so exercise the powers conferred on him by this section that the amount, or the aggregate amount, of money which he may at any one time be liable to pay on foot of any guarantee or guarantees under this section for the time being in force, together with the amount of money (if any) which he had previously paid on foot of any guarantee under this section and which has not been repaid by the company, F16[exceeds—

(a) such amount as the Minister has, with the consent of the Minister for Public Expenditure and Reform, specified by order, or

(b) if no such amount stands so specified, €32 million.]

(3)For the purpose of calculating the amount of borrowings or instalments or other money guaranteed by the Minister for Finance under this section by reference to the limit on money in subsection (2), the equivalent in the currency of the State of borrowings or instalments or other money in a foreign currency shall be calculated at the rate of exchange prevailing at the time of the giving of the guarantee for that currency and the currency of the State.

(4)Where a guarantee under this section is or has been given, the company shall, if the Minister for Finance so requires, give to him such security (including, in particular, debentures) as may be specified in the requirement for the purpose of securing to the said Minister the repayment of any money which he may be liable to pay or has paid under the guarantee.

(5)The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—

(a)particulars of the guarantee,

(b)in case any payment has been made by him under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him on foot of the payment, and

(c)the amount of money covered by the guarantee which was outstanding at the end of that year.

(6)Money paid by the Minister for Finance under a guarantee under this section shall be repaid to him (with interest thereon at such rate or rates as he appoints) by the company within such period from the date of payment by the Minister for Finance as may be specified by him after consultation with the company.

(7)Where the whole or any part of the money required by subsection (6) to be repaid to the Minister for Finance has not been repaid in accordance with that subsection, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

(8)Notwithstanding the provision of money under subsection (7) to repay an amount to the Central Fund, the company shall remain liable to the Minister for Finance in respect of that amount and that amount (together with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to the Minister for Finance by the company at such times and in such instalments as he appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable by him from the company as a simple contract debt in any court of competent jurisdiction.

(9)In relation to a guarantee under this section in money in a currency other than the currency of the State—

(a)each of the references to principal, each of the references to instalments or other amounts of money, each of the references to interest and the reference to commission and incidental expenses in subsection (1) shall be taken as referring to the equivalent in the currency of the State of the actual principal, the actual instalments or other amounts of money, the actual interest or the actual commission and incidental expenses, as may be appropriate;

(b)the reference to the amount of money in subsection (5) (c) shall be taken as referring to the equivalent in the currency of the State of the actual amount of money, such equivalent being calculated according to the rate of exchange prevailing for the time being for that currency and the currency of the State;

(c)each of the references to money in subsections (6) to (8) shall be taken as referring to the cost in the currency of the State of the actual money.

28. 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.

(2)A loan under this section shall be subject to such terms and conditions (including terms and conditions relating to the payment of interest on the loan and the repayment of the loan) as the Minister for Finance may determine.

(3)Money lent to the company under this section shall be used by it as working capital.

(4)Where money lent to the company under this section has not been repaid in accordance with the terms and conditions determined under subsection (2), the amounts so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

(5)Notwithstanding the provision of money under subsection (4) to repay an amount to the Central Fund, the company shall remain liable to the Minister for Finance in respect of that amount and that amount (together with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to the Minister for Finance by the company at such times and in such instalments as he appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable by him from the company as a simple contract debt in any court of competent jurisdiction.

28A. F17[Advances and grants by Minister to company

28A.—(1) The Minister may, from time to time, with the consent of the Minister for Public Expenditure and Reform, advance or grant to the company out of moneys provided by the Oireachtas such sums as the Minister may determine for the purposes of expenditure by the company in the performance of its functions.

(2) The sums to be advanced or granted undersubsection (1)shall be expended solely for the purpose and exercise of the functions conferred on the company by this Act or as the Minister may direct.

(3) The company shall pay to the Minister, on every sum advanced to it under this section, interest from the date of the advance of such sum until the same is repaid at such rate and in such manner as shall be appointed by the Minister at the time of the advance and at such rate as may be determined from time to time, and such rate of interest shall not at any time exceed that fixed by an order undersection 20of theCourts Act 1981.]

29. 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.

(2)The Minister for Finance may, for the purpose of providing for advances out of the Central Fund under this section, borrow on the security of the Central Fund or the growing produce thereof any sums required for the purpose and, for the purpose of such borrowing, he may create and issue securities bearing interest at such rate and subject to such conditions as to repayment, redemption or any other matter as he thinks fit, and shall pay all sums so borrowed into the Exchequer.

(3)The principal of and interest on all securities issued under this section and the expenses incurred in connection with the issue of the securities shall be charged on and payable out of the Central Fund or the growing produce thereof.

29A. F18[Statement of strategy

29A.—(1) Subject tosubsection (2), the company shall—

(a) as soon as is practicable after the commencement ofsection 65of theAir Navigation and Transport Act 2022but, in any case, not later than 6 months after that commencement, and

(b) thereafter, not earlier than 6 months before and not later than 6 months later than each subsequent period of 3 years following the laying before each House of the Oireachtas in accordance withsubsection (4)of the first statement of strategy,

prepare and submit to the Minister for the Minister’s approval a statement of strategy for the company for the ensuing period of 3 years.

(2) A statement of strategy shall—

(a) comply with any directions issued from time to time by the Minister in respect of the form and manner of the statement’s preparation,

(b) set out the key objectives, outputs and related strategies of the company for performing its functions under this Act during the period to which the statement relates, including the use of resources,

(c) have regard to the need to ensure the most beneficial, effective and efficient use of the company’s resources,

(d) identify the relevant performance indicators (financial and non-financial) and specify the manner in which the company proposes to assess its performance in respect of the objectives, outputs and strategies referred to inparagraph (b),

(e) except for the first statement of strategy, include a review of the outcomes and effectiveness of the preceding statement of strategy, and

(f) include any other matters that the Minister may from time to time direct.

(3) When preparing the statement of strategy, the company shall consult with stakeholders and may consult with any other persons it considers appropriate.

(4) The Minister shall, as soon as is practicable after a statement of strategy has been submitted to him or her in accordance withsubsection (1)and he or she has approved it, cause a copy of the statement to be laid before each House of the Oireachtas.

(5) The company shall, as soon as practicable after the statement of strategy has been laid before each House of the Oireachtas, arrange for the statement to be published on the internet.]

29B. F19[Business plan

29B.—(1) Subject tosubsections (2)and(3), the company shall, in each year—

(a) prepare and adopt a business plan in respect of that year or of such other period as may be determined by the Minister, and

(b) submit the plan to the Minister.

(2) A business plan shall—

(a) indicate the activities of the company for the period to which the business plan relates,

(b) contain estimates of the number of—

(i) employees of company, and

(ii) staff members of the company who are not employees of the company,

for the period and the business to which the plan relates, and

(c) accord with policies and objectives of the Minister and the Government as they relate to the functions of the company.

(3) The company shall, in preparing the business plan, have regard to the statement of strategy in operation at that time as approved undersection 29A.]

30. Accounts and audits.

F20[30.(1) Without prejudice to the requirements of theCompanies Act 2014, the company shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts and shall also keep in such form all such special accounts as the Minister may from time to time direct.

(2) Accounts kept pursuant to this section shall be submitted annually by the company to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts so audited and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

(3) A subsidiary of the company may, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform following prior consultation by the Minister with the Comptroller and Auditor General, appoint a statutory auditor or statutory audit firm to be a statutory auditor of the subsidiary for the purposes of, and in accordance with, theCompanies Act 2014.

(4) In this section, "statutory auditor" and "statutory audit firm" each has the same meaning as it has in theCompanies Act 2014.]

31. 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.

(2)A report of the company under this section shall include information, in such form as the Minister may direct after consultation with the company and with the consent of the Minister for Finance, regarding the operations, cost-effectiveness and financial targets of the company and any subsidiaries.

(3)The company shall, if so required by the Minister, furnish to him such information as he may require in respect of any balance sheet or other account or any report of the company or any subsidiaries or in relation to the policy and operations (other than day-to-day operations) of the company or any subsidiaries.

32. 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.

(2)Whenever, after the submission of a report to the Minister under subsection (1), the Minister so requests the company shall submit to the Minister a report in writing specifying the extent (if any) to which the standards achieved and enforced by the company, since the date of the submission of the first-mentioned report to the Minister, differ from the technical and safety standards standing specified in that report.

(3) F21[(a) (i) Subject toparagraph (aa), the Minister shall, at least once in the period of 3 years beginning on the relevant day and in each subsequent period of 3 years beginning on the expiration of the last previous period, appoint a person to carry out an examination of the performance by the company of its functions in so far as they relate to the application and enforcement of technical and safety standards in relation to aircraft and air navigation and to report in writing to the Minister the results of the examination.

(ii) Insubparagraph (i), "relevant day" means the last day on which a report under this subsection was submitted to the Government and the company before the commencement ofsection 67of theAir Navigation and Transport Act 2022.]

F22[(aa) The Minister may make regulations to specify any of the following:

(i) any aspect of the company’s performance of its functions which shall be the subject of an examination referred to inparagraph (a);

(ii) the scope of such examination;

(iii) the form and manner of the report underparagraph (a).]

F22[(ab) Regulations made underparagraph (aa)may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]

(b)The Minister shall submit a copy of a report under paragraph (a) to the Government and the company.

F22[(bb) The Minister shall cause a copy of the report underparagraph (a)to be published on a website of the Government.]

(c)The costs of an examination and report under paragraph (a) shall be paid to the Minister by the company.

(d)A director or member of the staff of the company shall not be appointed under paragraph (a) and a person standing appointed under paragraph (a) shall be disqualified for appointment as a director or member of the staff of the company.

32A. F23[Annual aviation safety performance statements

32A.—(1) The company shall, not later than 30 April in each year commencing from 2022, prepare and submit to the Minister a statement relating to its performance in regulating aviation safety (in this section called an "aviation safety performance statement").

(2) An aviation safety performance statement shall be in 2 parts as follows:

(a) details, including the aims and objectives, of regulatory activity planned for the current year (in this subsection called a "regulatory performance plan");

(b) a review of the company’s regulatory performance during the preceding year having regard to the regulatory performance plan for that year and any other relevant matters.

(3) The review of the company’s regulatory performance required bysubsection (2)(b)shall include details of the activities carried out during the relevant year and the outcome and follow up from external oversight in relation to—

(a) the European Aviation Safety Programme referred to in Article 5 of the EASA Basic Regulation,

(b) the safety programme established and maintained by the State pursuant to Article 7 of the EASA Basic Regulation,

(c) the State Plan for Aviation Safety prepared pursuant to Article 8 of the EASA Basic Regulation,

(d) the annual review of aviation safety performance in the State prepared by the company, and

(e) the Universal Safety Oversight Audit Programme of the International Civil Aviation Organization.

(4) An aviation safety performance statement shall be in the form, and relate to the matters, that the Minister directs.

(5) The Minister shall, within one month after receiving an aviation safety performance statement, lay it before each House of the Oireachtas.

(6) In this section, "EASA Basic Regulation" means Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018^1on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91.]

33. 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.

(2)Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the director by whom the disclosure is made shall not be counted in the quorum for the meeting.

(3)Where at a meeting of the directors of the company or a subsidiary a question arises as to whether or not a course of conduct, if pursued by a director of the company or the subsidiary, would constitute a failure by him to comply with the requirements of subsection (1), the question may be determined by the chairman of the meeting whose decision shall be final and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4)Where the Minister is satisfied that a director has contravened subsection (1), he may, if he thinks fit, and with the consent of the Minister for Finance, remove that director from office and, in case a person is removed from office pursuant to this subsection, he shall thenceforth be disqualified from being a director of the company or a subsidiary.

(5) Section 194 of the Companies Act, 1963, shall not apply to a director of the company or a subsidiary.

(6)A person who fails to comply with this section shall be guilty of an offence.

(7)Nothing in this section shall be taken to prejudice the operation of any rule of law restricting directors of a company from having any interest in contracts with the company.

34. 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 (1), he shall—

(i)disclose to the company or the subsidiary, as the case may be, his interest and the nature thereof,

(ii)take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by directors or members of the staff of the company or the subsidiary in relation thereto or in relation to the matter aforesaid, and

(iii)make no recommendation in relation to the contract, agreement or arrangement or the matter aforesaid.

(b) Paragraph (a) does not apply to contracts, or proposed contracts, of employment of members of the staff of the company with the company or of a subsidiary with a subsidiary.

(2)A person who contravenes subsection (1) shall be guilty of an offence.

35. 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.

(2)A person who contravenes subsection (1) shall be guilty of an offence.

(3)In this section “ confidential ” means that which is expressed by the company or the subsidiary concerned, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description.

36. 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.

(2)Where, in the opinion of the Chief Executive, the implementation of a decision of the directors of the company would contravene the technical or safety standards referred to in section 32 or otherwise adversely affect the safety of civil aviation, the following provisions shall have effect:

(a)the Chief Executive shall inform the directors of his opinion aforesaid and upon being so informed, the directors shall refrain from implementing the decision,

(b)the relevant proceedings of the meetings at which the question decided was considered and the decision was taken shall be recorded in the minutes of the meetings,

(c)the chairman of the company shall inform the Minister of the decision and of the opinion of the Chief Executive in relation thereto,

(d)the Minister shall be furnished by the company with such information relating to the matter as he may reasonably request, including records, minutes and other material and shall also be furnished by the Chief Executive or any director with such information or explanations as he may reasonably request and the Minister may furnish a person appointed under paragraph (f) to examine the decision with any information or explanations furnished to him under this paragraph,

(e)the Minister, after consultation with the chairman of the company and the Chief Executive, shall, if he considers it necessary or expedient to do so, direct the company to take such action (pending the submission to the Minister of the report under paragraph (f) and compliance with any direction under paragraph (g) in relation to the matter) as he may specify for the maintenance of the standards aforesaid or the safety of civil aviation,

(f)the question decided by the directors and the decision shall be examined by a person appointed by the Minister, with the consent of the Minister for Finance who, in the opinion of the Minister, is suitably qualified and the person shall submit to the Minister and the company a report of the result of his examination and the report shall include a recommendation as to the decision that, in his opinion, should be taken by the directors of the company on the question and the reasons for the recommendation,

(g)the Minister, having considered the recommendation, may—

(i)direct the directors to make and implement such decision as he may specify on the question, or

(ii)direct the directors to consider the recommendation and make such decision as they think fit,

and the directors shall comply with the direction.

(3)The company shall pay to the Minister the costs of an examination and recommendation under subsection (2) (f).

(4) (a)Unless authorised by the Minister to do so, a person shall not disclose that the provisions of subsection (2) have had effect in relation to a decision of the directors of the company or that a decision to which that subsection applies has been made.

(b)A person who contravenes paragraph (a) shall be guilty of an offence.

37. 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.

(2)Where a person employed by 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 the said section 15 as having been elected to such Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the company and shall not be paid by, or be entitled to receive from, the company any remuneration or allowances in respect of the period commencing on such nomination or election, or when he is so regarded as having been elected (as the case may be), and ending when he ceases to be a member of either such House or such Parliament.

(3)A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified for becoming a director of the company or for employment in any capacity by the company.

(4)Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting the reckoning of a period therein mentioned as service with the company for the purpose of any pensions, gratuities or other allowances payable on resignation, retirement or death.

38. 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 ”).

F24[(2) The first Chief Executive appointed after the commencement ofsection 69of theAir Navigation and Transport Act 2022shall be appointed by the Minister for a period not exceeding 7 years and may, after consultation with the directors of the company, be removed from office by the Minister.]

F24[(3) Each subsequent Chief Executive shall be appointed by the Minister, after consultation with the directors of the company, for a period not exceeding 7 years and may, after consultation with such directors, be removed from office by the Minister.]

(4)F25[…]

(5)The functions of the Chief Executive shall be to—

(a)carry on, manage and control generally the administration of the company,

(b)advise the directors of the company on any matter relating to or affecting the technical or safety standards specified under section 32 or the safety of civil aviation, and

(c)advise the directors of the company in relation to the performance of the other functions of the company and, in particular, but without prejudice to the generality of the foregoing, in relation to the making of orders and regulations, and the giving of directions, by the company,

subject to the lawful directions of the directors of the company.

(6)The Chief Executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the directors of the company after consultation with the Minister and with the consent of the Minister for Finance.

F26[(7) Each Chief Executive appointed after the commencement referred to insubsection (2)shall beex officioa director of the company.]

39. Remuneration, etc., of staff.

F27[39.—(1) The company may appoint such and so many persons to be members of its staff as it considers necessary to assist it in the performance of its functions on such terms and conditions including terms and conditions as to remuneration and grading as may be agreed.

(2) The company shall, 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, 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.

(3) The company shall, in addition to complying withsubsection (2), comply with any directives with regard to such remuneration, allowances, terms or conditions referred to in that subsection which the Minister may give to the company with the consent of the Minister for Public Expenditure and Reform.

(4) The company shall submit to the Minister, on an annual basis, a three‑year workforce plan that sets out forecast staffing levels for the organisation, as approved by the company.]

40. 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.

(2)Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the company, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he was subject immediately before the vesting day.

(3)In relation to persons transferred to the company under subsection (1), previous service in the civil service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 to 1993.

41. 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.

(2)Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3)Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4)A scheme submitted by the company under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the company in accordance with its terms.

(5)Superannuation benefits granted under schemes under this section to persons who, immediately before the vesting day, were members of the staff of the Minister for Transport, Energy and Communications and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before that day.

(6)No superannuation benefit shall be granted by the company nor shall any other arrangements be entered into by the company for the provision of such a benefit to or in respect of a member of the staff of the company otherwise than in accordance with a scheme under this section.

(7)If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, for determination by him.

(8)Where, in the period beginning on the vesting day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of the company under section 40, the benefit shall be calculated by the company in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the vesting day and, for that purpose, his pensionable service with the company shall be aggregated with his previous pensionable service and shall be paid by the company out of the fund established under subsection (9).

(9)As soon as may be after the vesting day, the company shall establish a fund administered by trustees who shall be appointed by the company from which superannuation benefits payable under a scheme under this section shall be paid.

(10)The Minister for Finance shall determine an appropriate contribution, related to reckonable service given before the vesting day, towards the superannuation benefits which may be granted to or in respect of persons who are transferred to the staff of the company under section 40 and shall, subject to subsection (12), pay such contribution to the trustees appointed under subsection (9) at such times and in such manner as he shall determine.

(11)Where any part of the contribution under subsection (10) remains unpaid for any period after the vesting day, interest shall be payable by the Minister for Finance to the trustees appointed under subsection (9) at such rate as the Minister for Finance may determine in respect of that period on the amount so unpaid.

(12)Payments under subsection (10) or (11) shall be made not later than 7 years after the vesting day.

(13)Moneys required to be paid by the F28[Minister for Public Expenditure and Reform] under this section shall be advanced out of the Central Fund or the growing produce thereof F29[by the Minister for Finance, on the request of the Minister for Public Expenditure and Reform].

(14)A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

42. Acquisition of land.

F30[42.— (1) The company may acquire by agreement or, in accordance with the Second Schedule to the Air Navigation and Transport (Amendment) Act, 1998 (as applied by this section) compulsorily, any land or any easement or other right over land, or any water right, for the purpose of the performance of the functions conferred on it by this Act.

(2) Notwithstanding the provisions of any other Act, no person shall be entitled to acquire compulsorily any land or any easement or other right in respect of land belonging to the company, or to alienate, terminate, restrict or otherwise interfere with, without the agreement of the company, any right of the company in respect of such land.

(3) The company shall not be entitled to acquire compulsorily under this section any land, easement or other right belonging to the State or a State authority.

(4) The Second Schedule to the Air Navigation and Transport (Amendment) Act, 1998, shall, for the purposes of the acquisition of land by the company under this section, apply with the following modifications:

(a) the reference in subparagraph (1) of paragraph 1 to "section 17" shall be construed as a reference to this section, and

(b) a reference to "the company" shall be construed as a reference to the Irish Aviation Authority.]

42A. F31[Right of entry on land by Authority.

42A.— Section 19 of the Air Navigation and Transport (Amendment) Act, 1998, shall, for the purposes of this Act, apply subject to the following modifications:

(a) references to an "authorised person" shall be construed as references to an authorised officer of the company, and

(b) references to "the company" shall be construed as references to the company within the meaning of this Act.]

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

43.—F32[…]

44. Other charges by company.

F33[44.—(1) The company may charge such amounts as it considers appropriate in respect of any of the following:

(a) the performance by it of its functions under this Act or any other enactment;

(b) services provided by it to other persons;

(c) property, real or personal, sold, hired or leased by it to other persons.

(2) The company may charge such amounts as it considers appropriate in respect of any functions performed by it pursuant to any European Union Regulations listed inSchedule 2.

(3) Any amount due by a person to the company in respect of a charge under this section may be recovered by the company from the person as a simple contract debt in any court of competent jurisdiction.

(4) Regulations made undersection 23of theAviation Regulation Act 2001and in force immediately before the commencement ofsection 8(2)of theAir Navigation and Transport Act 2022shall continue in force on and after that commencement as if—

(a) references in that section to the Commission for Aviation Regulation were references to the company, and

(b) references in those Regulations to such Commission included references to the company,

andsubsection (5)shall be construed accordingly.

(5) The company may, by regulations made undersection 23of theAviation Regulation Act 2001, revoke regulations referred to insubsection (4), whether in whole or in part, to take account of when a charge under this section supersedes a levy under that section.]

45. 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 (1) (j) as may be appropriate, for the exemption from the payment to the company of charges or fees imposed under section 43 or 60 (1) (j), as the case may be, for the provision by it of air navigation services or aeronautical communications services or the performance by it of functions specified in section 14 (1) (h) in respect of specified classes of flights by aircraft or specified classes of persons.

(b)The company shall comply with a direction under this subsection.

(c)The Minister shall pay to the company an amount equal to the amount of any costs incurred by it in the provision of services or the performance of functions to which an exemption specified in a direction under this subsection relates.

(2)Payments under this section shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(3)In this section “ the International Civil Aviation Organisation and Eurocontrol charging principles ” means the principles specified in and developed under and in accordance with the provisions of Article 15 of the Chicago Convention and any amendment thereof whether made before or after the commencement of this section and the principles specified in the document entitled “ Conditions of Application of the Route Charges Systems and Conditions of Payment ” reference doc. 90.60.04, published by Eurocontrol and any amendment thereof, whether made before or after the commencement of this Act.

45A. F34[Detention and sale of aircraft by Authority for unpaid air navigation and aeronautical communications services charges.

45A.— Section 40 of the Air Navigation and Transport (Amendment) Act, 1998, shall for the purposes of this Act, apply subject to the following modifications:

(a) references (other than in paragraph (c) of subsection (9) and subsection (10)) to "charges imposed by the company under section 39"’ or to "charges" shall be construed as references to charges imposed or levied undersection 43or44, and

(b) references (other than in the said paragraph (c)) to "the company" shall be construed as references to the company within the meaning of this Act.]

PART III Provisions in relation to Eurocontrol Convention

46. Power of Minister to give effect to Eurocontrol Convention.

46.—Subject to section 5 (6), the Minister may make such orders as appear to him necessary or expedient for carrying out and giving effect to, or to any provision of, the Eurocontrol Convention F35[…].

47. 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 F36[…].

48. 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.

(2)Eurocontrol shall be entitled to—

(a)the like exemption or relief from taxes and rates, other than taxes on the importation of goods or taxes or duties which form part of the price of goods sold, as is accorded to a foreign sovereign state,

(b)exemption, subject to compliance with such conditions as the Revenue Commissioners may prescribe, from taxes on the importation of goods directly imported by Eurocontrol for its official use in the State or for exportation, or on the importation of any publications of Eurocontrol directly imported by it, and

(c)exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by Eurocontrol for its official use and in the case of any publications of Eurocontrol directly imported or exported by it.

(3)Subject to subsection (4), any rule of law relating to the inviolability of the official archives and premises of an envoy of a foreign sovereign state accredited to the President shall extend to the official archives of Eurocontrol and to premises occupied by Eurocontrol wholly or mainly for the housing of its installations and, without prejudice to the generality of the foregoing provisions, no judgment or order of any court shall be enforced by the levying of execution upon anything forming part of any such installations.

(4) Subsection (3) (except so far as it relates to execution) shall not preclude access to any premises, or the inspection of any record or document—

(a)by a member of the Garda Síochána or other person acting in the execution of a warrant or other legal process or having reason to believe that an offence has been, is being or is about to be committed on the premises, or

(b)by any person investigating an accident or other incident in pursuance of the Acts or this Act or an order or regulation under the Acts or this Act.

(5)Persons employed by Eurocontrol in the State shall be entitled to exemption from customs duties and charges, other than those in respect of services rendered, in the case of importation of their personal effects, movable property and other household effects which are not new and which they bring into the State on first taking up residence in the State for the purpose of such employment and in the case of exportation of those effects and property upon their ceasing to be employed by Eurocontrol in the State.

(6)Persons employed by Eurocontrol shall enjoy inviolability for their official papers and documents.

(7)The Director General of the Agency shall enjoy immunity from jurisdiction in respect of acts, other than acts which would constitute a road traffic offence or acts whereby damage is caused by a motor vehicle belonging to, or driven by, him, but including words spoken or written.

(8)Representatives of member states of Eurocontrol shall, whilst exercising their functions, and in the course of any journey to or from a meeting of Eurocontrol, enjoy inviolability for their official papers and documents.

(9)In this section “ installations ” means apparatus for locating, directing, affording navigational aid to, or otherwise communicating with aircraft in flight, including apparatus for recording or processing material received or transmitted by such apparatus, and any other apparatus for use in connection with any such apparatus as aforesaid.

49. 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.

(2)Proceedings in the State for the recovery of a sum due by a person to Eurocontrol may be taken against the person in any court of competent jurisdiction by Eurocontrol, the company or the Minister.

50. 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.

51. 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.

(2)On application to it for the enforcement of a determination, the High Court shall, unless it refuses to do so pursuant to section 54, make an order for the enforcement of the determination to the extent that the debt to which the determination relates has not been satisfied.

(3)In an application for the enforcement of a determination under this section, the determination may not be reviewed as to its substance.

52. 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.

(2)If the court so requires, a translation of the documents specified in subsection (1) shall be produced; the translation shall be certified as correct by a person competent to do so.

(3)For the purposes of this Part—