Irish Aviation Authority Act , 1993

(a)a document, duly certified, which purports to be a copy of a determination of a relevant authority in a contracting state other than the State shall, without further proof, be deemed to be a true copy of that determination, unless the contrary is shown,

(b)the original or a copy of any document specified in paragraph (b), (c) or (d) of subsection (1) shall be evidence of any matter to which the document relates, and

(c)a document provided pursuant to subsection (2) which purports to be a translation of a document specified in subsection (1) and to be certified as correct by a person competent to do so shall, without further proof, be deemed to be such translation, unless the contrary is shown.

(4)A document purporting to be a copy of a determination by a relevant authority shall be deemed to be duly certified if—

(a)in the case of a determination by a court, it purports to bear the seal of that court or to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a determination made by that court, or

(b)in the case of a determination by a relevant authority other than a court, it purports to be certified by any person in his capacity as an officer of that authority to be a true copy of a determination made by that authority.

53. Effect of order for enforcement of determination.

53.— (1)Whenever an order for the enforcement of a determination has been made pursuant to section 51 —

(a)the determination shall, to the extent to which its enforcement is authorised pursuant to the order, be of the same force and effect, and

(b)for or as respects the enforcement of the determination, the High Court shall have the same powers and proceedings may be taken, as if the determination was a judgment of the High Court.

(2)Whenever, on application to it in that behalf pursuant to section 51, the High Court makes an order for the enforcement of a determination, the order may provide for the payment of the reasonable costs of and incidental to the application and such costs shall be recoverable as if they were sums recoverable under the determination.

(3)Where, on an application for the enforcement of a determination pursuant to section 51, it is shown that, in accordance with the laws of the contracting state in which the determination was made, interest is recoverable under the determination from a particular date or time, the rate of interest and the date or time from which it is recoverable shall be noted in the order for enforcement, if such order is made, and interest in accordance with the noted particulars shall be payable on the amount specified in the determination.

(4)Interest on any amount due on foot of a determination in respect of which an order for enforcement has been made shall be recoverable only pursuant to this section.

54. Non-recognition or non-enforcement of determination.

54.— (1)A determination by a relevant authority in a contracting state other than the State shall not be recognised or enforced in the State if—

(a)the contracting state is not the state or one of the states in which, pursuant to the provisions of section 49, proceedings leading to the making of the determination should have been brought, or

(b)the determination is not final, or

(c)the determination is manifestly contrary to public policy in the State, or

(d)the person against whom the proceedings leading to the determination were brought did not, notwithstanding that due notice of the proceedings may have been duly served on him in the contracting state, receive notice of the proceedings in sufficient time to enable him to defend the proceedings or, as the case may be, to apply for the proceedings to be reviewed, or

(e)proceedings relating to the same sum have been previously commenced, and are pending, in the State, or

(f)the determination is incompatible with the judgment of any court in the State, or

(g)the determination involved the application of the rules of private international law relating to a question concerning—

(i)the status or legal capacity of natural persons, or

(ii)rights of property arising out of a matrimonial relationship, or

(iii)wills or the laws relating to succession,

(being rules which are different from the corresponding rules of private international law applicable within the State) and the determination was different from the determination which would have been made if the rules of private international law applicable within the State had applied.

(2)For the purposes of subsection (1) (b), a determination by a relevant authority in a contracting state shall be deemed to be final if—

(a)neither an appeal from, nor an application for review of, the determination is pending in that state, and

(b)it is not possible for any of the reasons specified in subsection (3) for such an appeal to be brought or for such an application to be made.

(3)The reasons referred to in subsection (2) (b) are—

(a)the law applicable in the contracting state does not provide for an appeal from, or review of, the determination, being a determination made by either a court or a tribunal,

(b)the time within which an appeal must be brought or an application for review must be made has expired,

(c)an appeal which has been brought or an application for review which has been made, has been withdrawn, or

(d)the determination has been confirmed by, or made in pursuance of a direction contained in, a determination which was made by a relevant authority and is final and without appeal.

(4)If, on an appeal against an order of a court enforcing a determination, the appellant satisfies the court that the determination is not final, the court may, on such terms as it may think fit—

(a)set aside the order, or

(b)adjourn the appeal until such time as the determination has become final.

(5)Nothing in subsection (4) shall require the court either to set aside an order of a court enforcing a determination or to adjourn an appeal against such an order in any case where—

(a)the court is satisfied that there is no ground (other than that specified in subsection (3)) on which the order could be set aside, and

(b)the court is not satisfied that the appellant intends to continue with an appeal or application for review in relation to the order which is pending or, as the case may be, to bring any appeal, or make any application, which it is open to him to bring or make in respect of the determination.

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

55.—As respects a determination by a court in the State, the registrar or clerk of the court shall, at the request of an interested party and subject to any rules that may be specified by rules of court, give to the interested party—

(a)a certified copy of the determination,

(b)in the case of a determination made in default of appearance, the original or a copy, certified by the registrar or clerk of the court to be a true copy, of a document establishing that notice of the institution of proceedings was served on the person in default, and

(c)a certificate stating:

(i)the nature of the proceedings,

(ii)the grounds pursuant to section 49 on which the court assumed jurisdiction in the matter,

(iii)the date on which the time for the lodging of an appeal against the determination will expire, or, if it has expired, the date on which it expired,

(iv)whether notice of appeal against or, in a case where the defendant did not appear, a notice to set aside, the determination has been entered,

(v)the rate of interest, if any, payable on so much of the amount specified in the determination as is unpaid and the date from which it is payable,

(vi)such other particulars as may be specified by rules of court.

56. Keeping of records by aircraft operators.

56.—The company may by regulations made by it under this section—

(a)require the operators of aircraft to keep records of the movements of the aircraft in such form and containing such particulars as may be specified in the regulations,

(b)provide for the production to and the inspection by authorised officers of the company of records kept pursuant to the regulations,

(c)provide that records of the movements of aircraft kept by such persons as may be designated in the regulations shall, until the contrary is proved, be evidence in proceedings in relation to an offence under the Acts, of the matters entered, pursuant to the regulations, in the records, and that documents purporting to be records of the movements of aircraft and to be kept by persons designated for the purpose in the regulations shall, until the contrary is proved, be deemed to be such records and to be so kept.

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

(2) An order that is in force undersubsection (1)shall be evidence that any state specified in the order is a party to the Eurocontrol Convention.]

57A. F38[Regulations.

57A.— The Minister may make regulations to—

(a) give effect to a common European air traffic flow management system established by Eurocontrol under Articles 2(1)(e), 7(2)(d) and 19 of the Eurocontrol Convention, and

(b) ensure compliance with that system.]

57B. F39[Random checks and inspections.

57B.— (1) For the purposes of ensuring compliance with this Part and the Eurocontrol Convention an authorised person may—

(a) enter any premises of an aircraft operator for the purpose of carrying out random checks and inspections,

(b) require the owner or any person employed at the premises or any person in charge of the premises to give to him or her such information in the person’s power or control that the authorised person may reasonably require and to produce to him or her any records (in whatever form kept) or books or documents found by or produced to the authorised person,

(c) at such premises, inspect and take copies of, or extracts from any books, records or other documents (including in the case of information in non-legible form a copy of or extract from such information in permanent legible form),

F40[(d) inspect, copy or extract information from any material (including information in any form) or thing found or produced to the authorised person.]

(e) require any person by or on whose behalf data equipment is or has been used on the premises in relation to the business of the aircraft operator concerned or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised person all reasonable assistance in relation to its use,

(f) secure for later inspection the premises or any records, books, documents or products found in the premises.

(2) Where an authorised person carries out any random check or inspection under this section, he or she shall, if requested by a person affected, produce his or her authorisation showing his or her identity and position.

(3) An authorised person shall not, in order to carry out a random check or inspection under this section, other than with the consent of the occupier, enter a private dwelling unless a warrant under this section has been obtained authorising such entry.

(4) An authorised person shall be accompanied by a member of the Garda Síochána where, in the course of carrying out or attempting to carry out a random check or inspection under this section a premises is required to be broken open for that check or inspection or the use of force is necessary.

(5) If a judge of the District Court is satisfied on the sworn information of an authorised person that there are reasonable grounds for suspecting that there is information required by an authorised person held on any premises or any part of any premises or there is anything which an authorised person requires to inspect for purposes of enforcing this Part, the judge may issue a warrant authorising an authorised person, accompanied, if appropriate, by other authorised persons or by a member or members of the Garda Síochána, at any time or times, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if necessary by reasonable force, the premises and to carry out a random check or inspection under this section.

(6) An application undersubsection (5)shall be made to the judge of the District Court in whose district court district the premises is situated.

(7) In this section—

"authorised person" means—

(a) an authorised officer,

(b) an authorised officer of the company, or

(c) an officer of Eurocontrol;

"premises" includes an aircraft.]

57C. F41[Evidence in proceedings.

57C.— For the purposes of this Act, a document purporting to be published by Eurocontrol shall be admissible in any proceedings, without further proof, as evidence of the matters mentioned in the said document, unless the contrary is shown.]

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

58. F42[Schedule 1 - Annexes to Chicago Convention

58.—(1) Subject tosubsection (2), the company, after consultation with the Minister, may make such orders as appear to it to be necessary or expedient for the purpose of giving effect to the Annexes (or any part thereof) to the Chicago Convention specified inSchedule 1.

(2)Subsection (1)shall not entitle the company to make an order—

(a) relating to the making of agreements between the State and any other state, or

(b) relating to a function of the company which is not a function referred to in that subsection.

(3) The Minister may by order amendSchedule 1by the insertion therein of a reference to an Annex (or any part thereof) to the Chicago Convention, whether added to that Convention before or after the commencement ofsection 72of theAir Navigation and Transport Act 2022, and references in that Act and this Act to the Annexes to the Chicago Convention shall include references to any Annex to the Chicago Convention to which an order under this subsection relates.]

58A. F43[Schedule 2 - European Union Regulations

58A.—(1) The company is the competent authority in the State for the purposes of the European Union Regulations listed inSchedule 2.

(2) A function of a competent authority under a European Union Regulation listed inSchedule 2shall be a function of the company under this Act.

(3) Without prejudice to theEuropean Communities Act 1972, the Minister may by order amendSchedule 2—

(a) by the insertion therein of a reference to a European Union Regulation, or

(b) by the deletion therefrom of a reference to a European Union Regulation.]

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

59.—The company may by order direct that any of the provisions of the Annexes to the Chicago Convention specified in F44[Schedule 1], whether or not those provisions are limited to aircraft of any special description or engaged in any special kind of navigation, shall apply to or in relation to any aircraft in or over the State and, whenever such an order is in force, such of the said provisions as are specified in the order shall apply to or in relation to any aircraft in or over the State.

60. Provisions of orders made by company.

60.— (1)Without prejudice to the generality of section 58 an order under subsection (1) of that section may make provision—

(a)prescribing the authority by which any of the powers exercisable under a provision of an Annexe to the Chicago Convention specified in F45[Schedule 1] by a contracting state or by any authority therein are to be exercised in the State,

(b)F46[(i) for the licensing of aerodromes and the regulation of aeronautical safety standards at aerodromes],

(ii)for the regulation of the refuelling of aircraft wherever they may be,

(iii)for the inspection of aerodromes and terminals and installations at aerodromes and other places used for the landing of aircraft,

(iv)for the inspection of aircraft, wherever they may be,

(v)for the inspection of—

(I)records kept by persons carrying on the business of aircraft operation in relation to that business,

(II)records kept in relation to aircraft, whether by crews of aircraft, operators of aircraft, persons engaged in the manufacture, repair or maintenance of aircraft or the management of aerodromes or otherwise,

(vi)for the inspection and approval of premises where there is carried on the business of—

(I)the design, manufacture, maintenance, repair or modification of aircraft or parts for aircraft,

(II)the production of material (including fuel) for aircraft,

(III)the storage of aircraft or parts or material (including fuel) for aircraft, or

(IV)the operation of aircraft,

(vii)for the approval of persons carrying on a business referred to in subparagraph (vi),

(viii)for the inspection of work carried on in premises referred to in subparagraph (vi),

(ix)for the licensing of persons engaged in the inspection or supervision of aircraft,

(x)for prohibiting or regulating the use of unlicensed aerodromes or the use of other places for the landing of aircraft,

(c)as to the manner and conditions of the issue and renewal of any certificate or licence required by an order under this Act or by any such Annexes including provisions requiring the passing of examinations and tests before such issue or renewal and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such certificate or licence,

(d)as to the registration of aircraft in the State,

(e)as to the conditions subject to which aircraft may be used in different circumstances and for different purposes,

(f)as to the conditions subject to which aircraft may enter or leave, or operate in, the State or passengers or goods may be conveyed by aircraft into or from the State or within the State,

(g)if the company considers it appropriate to do so, exempting from the provisions of an order under this section or any such Annexe, or any of them, aircraft flown for experimental purposes or any other classes of aircraft or any classes of persons,

(h)for the giving of directions by the company prohibiting the flight by aircraft over an area specified in the direction and declared therein to be a prohibited area,

(i)for the giving of directions by the company appointing any area of airspace to be—

(I)a restricted area, that is to say, an area of airspace within which the flight of aircraft is made subject to specified restrictions, or

(II)a danger area, that is to say, an area of airspace within which it is declared in the direction that activities may exist at specified times that are a danger to aircraft in flight,

(j) F45[(i) requiring the payment of fees, in such amounts as are specified, by the company for the performance of its functions under this Act or any other enactment, including—

(I) in respect of applications for the grant or renewal of any certificate, licence or instrument of approval,

(II) for the purposes of an order under this section or an Annexe referred to inparagraph (a), or

(III) functions under an Annexe referred to inparagraph (a), and,]

(ii)for securing compliance with a direction under section 45 (1) (a) (ii),

(k)supplementing any such Annexe, in such manner as may appear to it to be necessary or expedient so as to promote the safety of aircraft and of persons and property carried in them and to prevent aircraft endangering persons and property,

(l)for the control and regulation of lights the purpose of which is to aid air navigation, other lights at or in the neighbourhood of aerodromes and lights which are liable to endanger aircraft,

(m)for requiring the installation of warning lights on buildings or other structures which might constitute a danger to aircraft,

(n)regulating the making of signals and other communications by or to aircraft and persons carried therein, and regulating the use of any sign for purposes connected with air navigation, and

(o)for access to and entry on or into any premises or place or any aircraft by a person where such access or entry is reasonably necessary for the performance by the person of functions conferred on him by any such order.

(2)Section 12 of the Act of 1946, as amended by section 39 of the Act of 1988, shall, with any necessary modifications, apply in relation to an area declared by a direction issued by virtue of subsection (1) (h) to be a prohibited area as it applies to a prohibited area referred to in the said section 12.

F47[(3) The company may recover, as a simple contract debt in any court of competent jurisdiction, from a person an amount of any fee due to it by the person.]

61. Expenses of international organisations.

61.— (1)Any sums required for the contribution by the State for membership of or for the organisation and operations of—

(a)the International Civil Aviation Organisation,

(b)Eurocontrol,

(c)the European Civil Aviation Conference, or

(d)any other international organisation specified by the Minister by order after consultation with the company whose functions relate to a matter to which a function of the company relates,

shall be paid by the Minister out of moneys provided by the Oireachtas.

(2)The company shall pay to the Minister an amount equal to the amount of any payments made by him under subsection (1).

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

62.— (1) (a)The company may attend a meeting of or organised by any of the organisations specified in paragraph (b) in so far as the meeting relates to a matter to which a function of the company relates with, in the case of an organisation specified in subparagraph (iv) of paragraph (b), the consent of the Minister and, if the organisation has functions in addition to those relating to civil aviation, the consent of the Minister for Foreign Affairs.

(b)The organisations referred to in paragraph (a) are:

(i)the International Civil Aviation Organisation,

(ii)Eurocontrol,

(iii)the European Civil Aviation Conference,

(iv)any other international organisation of which the State is a member and whose functions relate to a matter to which a function of the company relates.

(c)The representatives of the company at a meeting of or organised by an organisation referred to in subparagraph (i), (ii) or (iii) of paragraph (b) shall also represent the State at the meeting unless the Minister otherwise directs and the representatives of the company at a meeting of or organised by an organisation referred to in subparagraph (iv) of paragraph (b) shall, if so directed by the Minister with the consent of the Minister for Foreign Affairs, also represent the State.

(2)The company may and, if so directed by the Minister, shall attend, as an observer, a meeting of or organised by an international organisation of which the State is not a member if the subject matter of the meeting is or includes a matter to which a function of the company relates and such attendance is permitted by the organisation.

(3)Wherever so requested by the Minister, the company shall submit to him a report in writing of the proceedings at a meeting referred to in subsection (1) or (2) attended by it or in relation to such matters arising at or relating to such a meeting as the Minister may specify.

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

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

(2)The company shall furnish to the Minister reports in writing in relation to negotiations conducted by it under subsection (1) and shall furnish to the Minister recommendations and advice in relation to the proposed agreements or amendments of agreements to which the negotiations relate.

PART IVA Enforcement]

63A. F49[Definitions - Part IVA

63A.—In this Part—

"relevant person" means—

(a) an officer of the Permanent Defence Force holding a commissioned rank,

(b) an officer of the Minister,

(c) an officer of customs, or

(d) a member of the staff of the company;

"relevant provision" means a provision of—

(a) this Act (including a European Union Regulation listed inSchedule 2) relating to a function of the company, or

(b) another enactment (other than theAviation Regulation Act 2001) relating to a function of the company.]

63B. F50[Appointment of authorised officers

63B.—(1) The company may authorise in writing a relevant person to perform the functions conferred on authorised officers by or under this Act or theAir Navigation and Transport Act 2022and shall, at the same time as such authorisation, furnish the relevant person with a certificate of his or her authorisation.

(2) A person who was an authorised officer within the meaning of section 2 immediately before the commencement ofsection 75of theAir Navigation and Transport Act 2022shall, on and after that commencement, be deemed to be authorised undersubsection (1)on the same terms and conditions as he or she was such authorised officer immediately before that commencement.

(3) The company shall, in the case of an authorised officer who is such by virtue of the operation ofsubsection (2), as soon as is practicable after the commencement referred to in that subsection, furnish the officer with a certificate of his or her authorisation.

(4) An authorised officer shall, when performing a function conferred on authorised officers by or under this Act or theAir Navigation and Transport Act 2022, if requested by any person thereby affected, produce his or her certificate referred to insubsection (1)or(3), as the case may be, to that person for inspection.]

63C. F51[Powers of authorised officers

63C.—(1) For the purposes of the exercise by the company of its functions under this Act relating to the enforcement of a relevant provision, an authorised officer may—

(a) enter at any reasonable time any premises or place at which there are reasonable grounds for the officer to believe that a trade or business, or an activity in connection with a trade or business, relevant to the relevant provision is being, or has been, carried on by a person to whom this section applies otherwise than in accordance with that provision and search and inspect the premises or place and any records found therein or thereon,

(b) require any such person to produce to him or her any records which are in the person’s power or control, and in the case of information in a non-legible form to reproduce it in a legible form, and to give to the officer such information as he or she may reasonably require in relation to any entries in such records,

(c) secure for later inspection any premises or place or part thereof in or on which records are kept or where there are reasonable grounds for the officer to believe that such records are kept,

(d) inspect and take extracts from or make copies of any such records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form),

(e) remove and retain such records for such period as may be reasonable for further examination,

(f) require the person to maintain such records for such period of time, as may be reasonable, as the authorised officer directs,

(g) require the person to give to the officer any information which he or she may reasonably require, or

(h) require any person on the premises or place having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the officer all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or material.

(2) This section applies to the following persons:

(a) an airport authority;

(b) an air navigation service provider;

(c) any person responsible for the carriage of passengers, mail or freight by air;

(d) a supplier of ground handling services;

(e) a tour operator or a travel agent;

(f) a trader within the meaning of section 2 of thePackage Holidays and Travel Trade Act 1995;

(g) an aerodrome operator;

(h) a person carrying on the business of the design, manufacture, maintenance, repair or modification of aircraft or parts for aircraft;

(i) a person carrying on the business of the production of material (including fuel) for aircraft;

(j) a person carrying on the activity of the operation of aircraft;

(k) a person engaged in the training of persons engaged in any activities referred to inparagraphs (a)to(d)or(g)to(j).

(3) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises or place, an application may be made undersection 63Dto the District Court for a warrant to authorise such entry.

(4) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant undersection 63Dfrom the District Court authorising such entry.]

63D. F52[Search warrants

63D.—If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that information required by an authorised officer for the purposes of the exercise by the company of its functions under this Act relating to a relevant provision is held at any premises or place, the judge may issue a warrant authorising the authorised officer, accompanied if the officer considers it necessary by other authorised officers or members of the Garda Síochána, at any time or times, within one month from the date of issue of the warrant, on production, if so required, of the warrant, to enter, if need be by reasonable force, the premises or place and exercise all or any of the powers conferred on an authorised officer undersection 63C.]

63E. F53[Indemnification

63E.—Where the company is satisfied that a member of staff of the company or an authorised officer has discharged his or her duties in pursuance of the functions of the company in a bona fide manner, the company shall indemnify the member or officer, as the case may be, against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.]

63F. F54[Fixed charge offences

63F.—(1) (a) This section applies to such summary offences under this Act as may be declared by the Minister by regulations, made after consultation with the Minister for Justice, to be fixed charge offences.

(b) Subject tosubsection (9), the regulations referred to inparagraph (a)shall prescribe the amount of each fixed charge for each fixed charge offence.

(2) Where an authorised officer has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—

(a) if the officer identifies the person, the officer shall serve, or cause to be served, personally or by post, on the person a notice under this section,

(b) if the officer does not identify the person and the offence involves the use of a registered aircraft, the officer shall serve, or cause to be served, personally or by post, on the operator or registered owner of the aircraft a notice under this section, or

(c) if the officer does not identify the person and the offence involves the use of an unmanned aircraft registered to an operator, the officer shall serve, or cause to be served, personally or by post, on the registered operator of the unmanned aircraft a notice under this section.

(3) A notice under this section shall be in the form prescribed by regulations made by the Minister and—

(a) shall contain details of the manner of payment of a fixed charge, and

(b) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed.

(4) A notice served pursuant to this section shall contain a statement to the effect that—

(a) the person on whom it is served is alleged to have committed an offence specified in the notice,

(b) the person may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount as specified in the notice, and

(c) a prosecution in respect of the alleged offence will not be instituted during the periods specified in the notice or, if a payment so specified in accordance with the notice, is made during the appropriate period so specified in relation to the payment, at all.

(5) The payment of a fixed charge shall not be accepted after the expiration of the period of 28 days beginning on the date the notice provided for by this section was served.

(6) Where a notice is served under this section—

(a) a person or the person to whom the notice applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice,

(b) the payment—

(i) may be received in accordance with the notice and the person receiving the payment may issue a receipt for it, and

(ii) shall be paid into or disposed of for the benefit of the Exchequer as the Minister for Public Expenditure and Reform directs, and shall not be recoverable by the person who made it,

(c) a prosecution in respect of the alleged offence to which the notice relates shall not be instituted during the periods specified in the notice or, if a payment so specified is made during the period so specified in accordance with the notice, in relation to the payment, at all.

(7) A fixed charge offence shall be an offence for the purposes of this Act.

(8) In a prosecution for a fixed charge offence it shall be presumed, until the contrary is shown, that—

(a) the relevant notice under this section has been served or caused to be served, and

(b) a payment pursuant to the relevant notice under this section, accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made.

(9) Regulations prescribing the amount of a fixed charge may prescribe different amounts in relation to any of the following:

(a) different fixed charge offences;

(b) fixed charge offences involving different classes of aircraft.]

PART V Miscellaneous

64. Costs of investigation by Minister of accidents to aircraft.

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

(2)An order under this section may apply to—

(a)aircraft generally or specified classes of aircraft, and

(b)owners or operators generally of aircraft or specified classes of such owners or operators.

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

65.— (1)The company may by order—

(a)require that notice be given to the company in such manner, within such time and by such person as may be specified of—

(i)any accident involving an aircraft notice of which is required by or under the Acts to be given to the Secretary of the Department of Transport, Energy and Communications, or

(ii)any incident (other than an accident aforesaid) of a kind specified in the order involving aircraft, and

(b)provide for the investigation by officers of the company of incidents specified pursuant to paragraph (a) (ii) in an order under this section.

(2)Without prejudice to the generality of subsection (1), an order under this section may—

(a)authorise a member of the staff of the company who is conducting an investigation under this section to detain the aircraft concerned,

(b)authorise such a member to have access to the aircraft concerned and its equipment, to examine and test the aircraft and its equipment and to remove and detain any such equipment,

(c)authorise such a member to obtain from any person such information within his knowledge or procurement as he may reasonably require for the purposes of his functions under this section and for that purpose to require his attendance at a specified place and time on a specified day,

(d)authorise such a member to have access to such records as he may reasonably require for the purposes of his functions under this section and to examine and take copies of or of extracts from any such records, and

(e)authorise such a member to enter any place where such entry is reasonably required for the purposes of his functions.

(3)An officer of the Minister who is investigating an accident referred to in subsection (1) shall allow members of the staff of the company authorised by the company in that behalf to have access to the aircraft involved in the accident, and to examine the aircraft and its equipment, at such reasonable times as the officer of the Minister may determine.

(4)The company shall, if so requested by the Minister, furnish to him a report in writing in relation to any incident investigated by it under this section and specifying the results of the investigation.

65A. F55[Aviation Stakeholders Forum and Licence Holders Charter

65A.—(1) Subject tosubsection (2), the company shall, not less than twice a year, convene a forum, to be known as the Aviation Stakeholders Forum, to foster the maintenance and improvement of aviation safety and to support the development of a positive aviation safety culture within the aviation community.

(2) The company shall, as soon as is practicable after consultation with aviation stakeholders, by notice published on the company’s website—

(a) specify the organisations invited to participate in the Forum, which shall include recognised aviation stakeholder groups, recognised aviation trade unions and representative bodies, certified aviation organisations and other interested parties, and

(b) determine the rules and procedures of the Forum including the composition of membership to ensure a representative participation from each organisation and the publication of minutes of meetings of the Forum.

(3) The Forum shall meet for the following purposes:

(a) promoting the sharing of best practice aviation safety initiatives;

(b) engaging with the company on matters relating to the regulation of aviation safety in commercial air transport;

(c) the provision of views on proposals for European Union or national regulatory changes in relation to aviation safety;

(d) the establishment of routine communication channels to enable the sharing of aviation lessons learned, best aviation practices, aviation safety performance indicators and the provision of information on specific aviation safety risks.

(4) The company shall, as soon as is practicable after consultation with the Forum, publish a charter, to be known as the Licence Holders Charter, on the company’s website setting out the standards of engagement that will be undertaken by the company with the holders of licences.

(5) Without prejudice to the generality ofsubsection (4), the reference to standards in that subsection includes a reference to standards relating to the following:

(a) the principle of "just culture" as defined in Article 2 of Regulation (EU) No. 376/2014 of the European Parliament and of the Council of 3 April 2014^2on the reporting, analysis and follow-up of occurrences in civil aviation;

(b) general principles and policies relating to enforcement actions undertaken by the company;

(c) the right to a response in writing from the company in relation to any refusal to grant a licence, suspension or revocation of a licence or amendment of a licence;

(d) the right to avail of an appeal mechanism in relation to any refusal to grant a licence, suspension or revocation of a licence or amendment of a licence;

(e) the right to make representations in relation to an enforcement action undertaken by the company;

(f) the general guidance that the company will give to the holders of licences as regards the discharge of their obligations as such holders.

(6) In this section, "Forum" means the Aviation Stakeholders Forum referred to insubsection (1).]

65B. F56[Crew peer support programmes

65B.—(1) (a) Subject toparagraph (b), the company shall, at such times as it may determine, conduct a review of the effectiveness of airline provisions concerning crew peer support programmes.

(b) The company shall, not later than 12 months after the commencement ofsection 76of theAir Navigation and Transport Act 2022, conduct a review.

(c) The company shall publish on the company’s website a report on the results of a review.

(d) A review shall consider the following:

(i) the use of the programme by pilots;

(ii) the pilots’ perception of the programme;

(iii) the protection of confidentiality;

(iv) the promotion, by accountable managers of recognised organisations of aircraft crew members, of the use of the programme and trust in it;

(v) the access and referral to professional advice as necessary, including referral to mental and psychological health professionals;

(vi) confidential arrangements for the temporary cessation of duty;

(vii) the process for returning to work;

(viii) resourcing;

(ix) accessibility, including online access;

(x) the selection and training of peers;

(xi) the independence of peers from management or supervisory functions or any other conflict of interest.

(e) In conducting a review, the company shall seek the direct feedback of pilots and other stakeholders, at the same time protecting the confidentiality of all information provided.

(2) Any deficiencies or opportunities for improvement identified by the company in the course of a review shall be dealt with directly through the company’s oversight programme or through the State Plan for Aviation Safety, as applicable.

(3) Nothing in this section shall be construed to prejudice the generality of Commission Regulation (EU) No. 965/2012 of 5 October 2012^3laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No. 216/2008 of the European Parliament and of the Council.

(4) In this section—

"programme" means a crew peer support programme referred to insubsection (1)(a);

"review" means a review referred to insubsection (1)(a).]

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

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

(2)Upon receipt of a direction under this section, the company shall forthwith notify the owner of the aircraft concerned of the direction and its contents and shall cancel the registration concerned on the date specified in the direction or, as the case may be, refuse to register the aircraft under this Act.

67. Detention of aircraft.

67.—The powers conferred on the Minister by sections 32 and 41 of the Act of 1988 in relation to a matter to which a function of the company relates shall, in lieu of being exercisable by the Minister, be exercisable by the company with the following, and any other necessary, modifications:

(a)F57[…]

(b)F57[…]

(c)F57[…]

(d)in subsection (1) of the said section 41, the following shall be substituted for paragraphs (a) to (d):

(e)in the said section 41, the following shall be substituted for subsection (6):

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

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

(2)Aircraft other than aircraft of the Defence Forces shall not enter a designated area without the permission of the person operating air navigation services in the area.

(3)Air navigation services in a designated area may be provided and operated by the Minister for Defence or, with the consent of the Minister for Defence, by the company or, by agreement between them, by the Minister for Defence and the company.

69. Charge of rates on property of company.

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

69A. F59[Regulations may be made to give effect to certain provisions of EASA Basic Regulation

69A.—(1) The Minister may make regulations for the purpose of exercising the opt-in provisions of Article 2.6 of the EASA Basic Regulation to give effect to certain provisions of the EASA Basic Regulation relating to the regulation of aviation activities by aircraft (including related engines, propellers, parts, non-installed equipment and equipment to control aircraft remotely) while carrying out search and rescue, firefighting, coastguard or similar activities or services under the control and responsibility of the State, undertaken in the public interest by or on behalf of the Irish Coast Guard and the personnel and organisations involved in the activities and services performed by those aircraft.

(2) Without prejudice to the generality ofsubsection (1), regulations under this section may—

(a) make provision in relation to all or any aspect of (including any combination of) the matters set out in sections I, II, III and VII of Chapter III of the EASA Basic Regulation as may be specified in the regulations,

(b) apply either generally or to such class of persons or activities or services as may be specified in the regulations, and

(c) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act, theEuropean Communities Act 1972and theEuropean Communities Act 2007).

(3) When making regulations undersubsection (1), the Minister shall have regard to the following:

(a) the aim to strengthen the national aviation safety regulatory framework for aviation activities of the Irish Coast Guard and aligning it with European aviation safety regulations;

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

(c) the need to secure the operation and safety of the aircraft, and persons and property contained therein, operated by or on behalf of the Irish Coast Guard and mitigate the risks pertaining to safety;

(d) the need to allow for immediate reaction to accidents and serious incidents and balance the safety requirements with search and rescue objectives;

(e) the interests and views of the civil aviation sector and the general public;

(f) the interest of international cooperation within the European aviation industry and the promotion of European aviation safety standards;

(g) the need to promote effectiveness in regulatory, certification and oversight processes.

(4) The Minister shall consult with the Irish Coast Guard and the company before he or she makes regulations under this section.

(5) A word or expression which is used in this section and which is also used in the EASA Basic Regulation has, unless the context otherwise requires, the same meaning in this section as it has in the EASA Basic Regulation.

(6) In this section "EASA Basic Regulation" has the meaning assigned to it bysection 32A(6).]

70.―(1) The Commission may, by order―

(a) transfer to the company the functions of the Commission under section 5 of the Wireless Telegraphy Act 1926, or

(b) assign to the company functions of the Commission under section 7 of that Act in so far, in each case, as they relate to apparatus for wireless telegraphy in aircraft.

(2) If an order undersubsection (1)is in force, in relation to functions under section 7, those functions continue to be vested in the Commission but concurrently with the company and so as to be capable of being performed, as the Commission may determine, either by the Commission or the company.

(3) The company shall remit to the Commission any fees paid to it under section 5 of the Wireless Telegraphy Act 1926 , subject to the deduction of amounts determined by the company and the Commission for expenses incurred by the company under that section.

(4) The company shall provide the Commission with information in relation to such matters concerning the performance of functions transferred or assigned to it under this section as the Commission specifies in writing.

(5) In this section, "the Commission" means the Commission for Communications Regulation.]

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

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

71A. F61[Accountability of company, etc., to Committees of Oireachtas

71A.—(1) The Chief Executive or a relevant officer shall, whenever required by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, attend before and give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the company is required by or under this Act or any other enactment to prepare,

(b) the economy and efficiency of the company in the use of its resources,

(c) the systems, procedures and practices employed by the company for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the company referred to in a special report of the Comptroller and Auditor General undersection 11(2)of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified inparagraph (a),(b)or(c)) that is laid before Dáil Éireann.

(2) From time to time, and whenever so requested, the Chief Executive or a relevant officer shall account for the performance of the company’s functions to a Committee of one or both Houses of the Oireachtas and the company shall have regard to any recommendations of such Committee relevant to its functions.

(3) (a)Paragraph (b)applies where the Chief Executive or a relevant officer is requested by a Committee of the Oireachtas to—

(i) attend before that Committee, and

(ii) provide that Committee with information relating to the company’s functions.

(b) The Chief Executive or relevant officer, as appropriate, shall—

(i) appear before the Committee, and

(ii) provide the Committee with such information relating to the aviation safety performance statement referred to insection 32Aas the Committee requires.

(4) In this section, "relevant officer" means an officer of the company nominated by the company for the purposes of one or more ofsubsections (1)to(3).]

72. Miscellaneous amendments of Acts.

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

(2)The powers conferred on the Minister by sections 13 and 14 of the Air Navigation and Transport Act, 1950, may be exercised also by the company and, for the purposes of such exercise—

(a)the references in paragraphs (a) and (b) of subsection (2) of section 13 to an authorised person shall be construed as references to an authorised officer of the company, and

(b)the references in those sections to the Minister shall be construed as references to the company.

(3)The powers conferred on the Minister by section 9 of the Act of 1988 in relation to the licences and authorisations specified in that section may be exercised by him also in relation to licences and authorisations for the operation of aerodromes granted by the company.

(4)An authorised officer of the company may for the purposes of the enforcement of any provisions of—

(a)the Acts or this Act or an instrument made or given thereunder and relating to a matter to which a function of the company relates,

(b)the Annexes to the Chicago Convention specified in F62[Schedule 1], or

(c)the Eurocontrol Convention,

exercise any of the powers conferred by section 18 of the Act of 1988 on an authorised person within the meaning of that section and, for the purposes of such exercise, subsections (2) and (4) of that section shall apply in relation to an authorised officer of the company as they apply in relation to an authorised person within the meaning aforesaid.

(5)The powers conferred on an authorised officer within the meaning of section 33 of the Act of 1988 by subsection (1) (b) of that section may be exercised by an authorised person within the meaning of section 18 of that Act.

(6) (a)Section 28 of the Act of 1988 is hereby amended by the substitution of “£100,000” for “£50,000” in each place where it occurs in subsections (1) (b), (2) (b) and (3) (b).

(b)Section 29 of the Act of 1988 is hereby amended by the substitution of “£100,000” for “£50,000” in subsections (1) (b) and (2) (b).

73. Proceedings.

73.— (1)Summary proceedings for an offence consisting of a contravention of an instrument to which section 74 applies made, given or issued by the company or an offence under section 74 (5) (other than an offence in relation to an authorised officer) may be brought and prosecuted by the company.

(2)Summary proceedings for an offence under section 33, 34, 35 or 36 or an offence consisting of a contravention of an instrument to which section 74 applies made, given or issued by the Minister or an offence under section 74 (5) in relation to an authorised officer may be prosecuted by the Minister.

(3)Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.

74. Offences.

74.— (1)Without prejudice to subsection (2), if in relation to an aircraft there is a contravention of a provision of this Act or an instrument to which this section applies, the operator of the aircraft (not being the State) and the pilot in command thereof shall be deemed to have contravened the provision or instrument, as the case may be.

(2)A person who contravenes or is deemed to have contravened an instrument to which this section applies or fails to comply with a condition thereof shall be guilty of an offence.

(3)A person guilty of—

(a)an offence under section 33, 34, 35 or 36, or

(b)an offence under subsection (2) (other than such an offence consisting of a contravention of regulations under section 43 (4) or 56),

shall be liable—

(i)on summary conviction, to a fine not exceeding F63[€5,000] or to imprisonment for a term not exceeding F63[6 months] or to both, or

(ii)on conviction on indictment, to a fine not exceeding F63[€500,000] or to imprisonment for a term not exceeding 3 years or to both.

(4)A person guilty of an offence under subsection (2) consisting of a contravention of a regulation under section 43 (4) or section 56 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F63[€5,000] or to imprisonment for a term not exceeding 6 months or to both.

F63[(5) A person who obstructs or impedes an authorised officer, an authorised officer of the company, a member of the staff of the company or an officer of Eurocontrol in the performance of any function conferred on him or her by or under this Act or fails to furnish to such a member information to which he or she is entitled undersection 57Bor an order undersection 65is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.]

(6)In a prosecution of a person for an offence under this Act (other than sections 33 to 36), it shall be a defence for the person to prove that the contravention concerned was due to stress of weather or other unavoidable cause and in a prosecution of the operator or pilot in command of an aircraft for such an offence, it shall be a defence for him to prove that the contravention concerned took place without his actual default or privity.

(7)Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager or secretary of such body, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

(8)On conviction of a person on indictment for an offence under this Act, the court may, in addition to any other penalty, order any apparatus, equipment or other thing, other than an aircraft, used to commit the offence to be forfeited.

(9) (a)In this section “an instrument to which this section applies” means an order or regulation made under this Act or (in so far as it relates to a matter to which a function of the company relates) the Acts or the Air Navigation (Eurocontrol) Acts, 1963 to 1983, a direction or authorisation to aircraft to proceed given under this Act or (in so far as it relates to such a matter as aforesaid) the Acts or under an order or regulation made under this Act or (in so far as it relates to such a matter as aforesaid) the Acts and a certificate, licence or authorisation issued or given under this Act or (in so far as it relates to such a matter as aforesaid) the Acts.

(b)In paragraph (a) “authorisation to proceed” means an authorisation or instruction, whether oral or written and by whatever name called given by or on behalf of the company to the pilot in charge of an aircraft in relation to the piloting, control or movement of the aircraft or otherwise in relation to the aircraft.

74A. F64[Definitions - sections 74B to 74D

74A.—In sections74Bto74D—

"enforcement notice" means a notice undersection 74B(2);

"IAA" means the company referred to insection 11;

"IANS" means the company referred to insection 10of theAir Navigation and Transport Act 2022;

"relevant provision" means a provision of—

(a) this Act (including a European Union Regulation listed inSchedule 2) relating to a function of the IANS, or

(b) another enactment (other than theAviation Regulation Act 2001) relating to a function of the IANS.]

74B. F65[Issue of enforcement notices

74B.—(1)Subsection (2)applies where the IAA is of the opinion (in this section referred to as the "relevant opinion") that the IANS—

(a) has failed to comply or fully comply with a relevant provision,

(b) is failing to comply or fully comply with a relevant provision, or

(c) has failed to comply or fully comply with a relevant provision in circumstances that make it likely that the failure will continue or be repeated.

(2) The IAA may give the IANS a notice in writing—

(a) stating the relevant opinion,

(b) specifying the relevant provision as to which the IAA is of that opinion and the reasons why it is of that opinion,

(c) directing the IANS to take such steps as are specified in the notice to remedy the failure concerned or, as the case may be, the matters occasioning it, and

(d) specifying a period (ending not earlier than the period specified insection 74Cwithin which an application under that section against any directions specified in the notice may be made) within which those steps must be taken.

(3) The steps specified in an enforcement notice to remedy any failure or matter to which the notice relates may be framed so as to afford the IANS a choice between different ways of remedying the failure or matter, as the case may be.

(4) Where the IANS makes an application undersection 74C(1)against any direction specified in an enforcement notice, the steps specified in the notice need not be taken by the IANS pending the determination, withdrawal or abandonment of the application.

(5) The IAA may cancel an enforcement notice by notice in writing given to the IANS.

(6) Where the IANS fails to take the steps specified in an enforcement notice given to it, the IAA may, on notice to the IANS, apply in a summary manner to the High Court for an order requiring the IANS to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the High Court—

(a) may—

(i) make the order sought,

(ii) make the order sought subject to such variations to those steps as may be specified in the order, or

(iii) make the order sought subject to such other steps for the like purpose as may be specified in the order,

or

(b) may dismiss the application,

and, whetherparagraph (a)or(b)is applicable, may make such order as to costs as it thinks fit in respect of the application.

(7) Without prejudice to the powers of the High Court to enforce an order undersubsection (6)(a), if the IANS fails to comply with the order it shall be guilty of an offence and liable on conviction on indictment to a fine not exceeding €150,000.]

74C. F66[Application for cancellation of direction specified in enforcement notice

74C.—(1) The IANS may, on notice to the IAA, not later than 30 days after being given an enforcement notice, apply to the High Court for the cancellation of any direction specified in the notice and, on such an application, the High Court may—

(a) cancel the direction,

(b) confirm the direction, or

(c) vary the direction,

and, whetherparagraph (a),(b)or(c)is applicable, make such order as to costs as it thinks fit in respect of the application.

(2) The decision of the High Court on a direction specified in an enforcement notice shall be final save that, by leave of that Court or the Court of Appeal, an appeal by the IAA or the IANS, as the case may be, from the decision shall lie to the Court of Appeal on a point of law.]

74D. F67[Rules of court

74D.—Rules of court may make provision for the expedition of the hearing of proceedings undersections 74Band74C.]

PART VI Transitional Provisions

75. Continuance of certain instruments.

75.— (1)An order, regulation, direction, licence, permission, register, registration, certificate, instrument of approval, notice, instruction or other instrument, document or record that was made, given, established, issued or granted under a provision of, or made under, the Acts, relates to a matter to which a function of the company relates and is in force immediately before the vesting day shall, on and after the vesting day, in so far as it so relates, continue in force and may be amended, revoked, cancelled, withdrawn, suspended or endorsed by the company as if it had been made, given, established, issued or granted under the corresponding provision of, or made under, this Act.

(2)References in any statute or instrument under statute or other document or record referred to in subsection (1) to the Minister shall, on and after the vesting day, in so far as the reference relates to a matter to which a function of the company relates, be construed as a reference to the company.

76. Continuance of pending legal proceedings.

76.—Any legal proceedings relating to a matter to which a function of the company relates and pending immediately before the vesting day to which the Minister, any other State authority or the State is a party shall be continued with the substitution in the proceedings, in so far as they so relate, for any such party of the company.

77. Transfer of land.

77.— (1) (a)On the vesting day such land which, immediately before that day, was vested in the Minister, the Minister for Finance or the Commissioners as may be designated by the Minister for the purposes of this section with the consent of the Minister for Finance and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, but subject to subsection (2), stand vested in the company for all the estate or interest for which immediately before the vesting day it was vested in the Minister, the Minister for Finance or the Commissioners, as the case may be, but subject to all trusts and equities affecting the land subsisting and capable of being performed.

(b)On such day after the vesting day, but not more than one year thereafter, as may be specified by the Minister with the consent of the Minister for Finance, such land vested in the Minister, the Minister for Finance or the Commissioners as may be designated by the Minister for the purposes of this section with the consent of the Minister for Finance and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, but subject to subsection (2), stand vested in the company for all the estate or interest for which immediately before the day so specified it was vested in the Minister, the Minister for Finance or the Commissioners but subject to all trusts and equities affecting the land subsisting and capable of being performed.

(2) Subsection (1) shall not operate to vest in the company any minerals or any rights of mining or taking minerals, or any foreshore, within the meaning of the Foreshore Act, 1933.

(3)Where, immediately before the vesting day, land vested in the Minister, the Minister for Finance or the Commissioners was being used for the purpose of a function of the Minister corresponding to a function of the company, the Minister, the Minister for Finance or the Commissioners, as the case may be, may, upon and subject to such terms and conditions as the Minister, the Minister for Finance or the Commissioners, as the case may be, may determine, lease or let the land to, or license its use by, the company or a subsidiary.

78. Transfer of other property.

78.— (1)On the vesting day all property other than land, including choses-in-action, which immediately before that day was the property of the Minister and was used in connection with a function of the Minister corresponding to a function of the company shall stand vested in the company without any assignment.

(2)The Minister may on his own initiative and shall on the application of the company issue a certificate in respect of specified prop erty stating, as he thinks proper, that the property vested in the company under this section or did not so vest and the certificate shall be conclusive evidence of the facts so stated.

(3)Every chose-in-action transferred by subsection (1) to the company may, after the vesting day, be sued on, recovered or enforced by the company in its own name and it shall not be necessary for the company or the Minister to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

79. Transfer of rights and liabilities.

79.— (1)Subject to sections 80 and 81, all rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him before the vesting day in relation to a function of the Minister corresponding to a function of the company shall on that day stand transferred to the company.

(2)The Minister may on his own initiative and shall on the application of the company issue a certificate in respect of a specified contract or commitment stating, as he thinks proper, that the rights and liabilities of the Minister thereunder were transferred on the vesting day to the company under this section or were not so transferred and the certificate shall be conclusive evidence of the facts so certified.

(3)Every right and liability transferred by subsection (1) to the company may, on and after the vesting day, be sued on, recovered or enforced by or against the company in its own name and it shall not be necessary for the company or the Minister to give notice to the person whose right or liability is transferred by this section of such transfer.

80. Transitional financial provisions.

80.— (1)The company shall pay to or in respect of every officer of the Minister transferred to the staff of the company under this Act any amount due to or in respect of that officer in respect of service as such officer and unpaid on the vesting day and the company shall, with the concurrence of the Minister for Finance, be reimbursed by the Minister in respect of any such payments (other than payments made in respect of untaken leave).

(2)The company may pay any amounts owed by the Minister for goods and services provided to the Minister in the performance of a function of the Minister corresponding to a function of the company, and unpaid on the vesting day, and the company shall, with the concurrence of the Minister for Finance, be reimbursed by the Minister in respect of any such payments.

(3)The Minister shall, with the concurrence of the Minister for Finance, pay to the company an amount equal to the amount of any advance payments received by him before the vesting day in respect of goods or services to be provided by the company on or after the vesting day less the amount of any costs incurred by him in collecting such payments.

(4)The company shall collect any amount due to the Minister after the vesting day in respect of goods or services provided by the Minister before the vesting day in the performance of a function of the Minister corresponding to a function of the company and, for the purposes of this subsection, any such amount shall be deemed to be a simple contract debt due to the company that may be recovered by the company in any court of competent jurisdiction; and the company shall pay to the Minister an amount equal to the amount of any sum collected or recovered by it under this section less the amount of any costs incurred by it in collecting or recovering the amount.

(5)Where any payments fall to be made by the company in respect of overpayments made to the Minister for goods and services provided by him before the vesting day in the performance of a function of the Minister corresponding to a function of the company, the Minister shall pay to the company an amount equal to the amount of the payments aforesaid.

(6)All sums required to be paid under this section shall become due and payable on such date or dates as the Minister, in consultation with the company and with the concurrence of the Minister for Finance, may determine.

(7)The company shall furnish to the Minister such information, records and documents as the Minister may require for the purposes of this section and the Minister and his officers may inspect and take copies of or of extracts from all relevant records and documents of the company.

(8)The Minister shall furnish to the company such information, records and documents as the company may require for the purposes of this section and the company and its officers may inspect and take copies of or of extracts from all relevant records and documents held by the Minister, his Department or other State authorities.

(9)In the event of a disagreement as to any amount to be paid by the Minister to the company or by the company to the Minister under this section, the decision of the Minister, given with the concurrence of the Minister for Finance, shall be final.

81. Liability for loss occurring before vesting day.

81.— (1)Subject to subsection (2), where a claim in respect of any loss, injury or damage arising out of the exercise before the vesting day of functions transferred to the company by or under this Act has not been made before that day or, if so made, has not been satisfied or otherwise disposed of, the claim shall, after that day, lie against the company and not against the Minister, any other State authority or the State.

(2) Subsection (1) shall not apply in relation to a loss or an injury or damage referred to in subsection (1) if there is in force a policy of insurance under which the Minister is insured against any sum which he is liable to pay by way of damages or costs in respect of the loss, injury or damage.

(3)Where, before the vesting day, agreement in settlement of a claim to which subsection (1) relates has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the person making the claim and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable against the Minister, any other State authority or the State, be enforceable against the company and not against the Minister, any other State authority or the State.

(4)Any claim made or proper to be made by the Minister, any other State authority or the State in respect of any loss, injury or damage arising from the act or default of any person before the vesting day shall, where the claim relates to functions assigned to the company by or under this Act, be regarded as made by or proper to be made by the company and may be pursued and sued for by the company as if the loss, injury or damage had been suffered by the company.

(5)Where, before the vesting day, settlement of a claim to which subsection (4) relates has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the Minister, any other State authority or the State and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable by the Minister, any other State authority or the State, be enforceable by the company.

(6)This section does not apply to a claim by one State authority against another.

(7)The Minister shall pay to the company a sum equal to the amount of any payment made by the company in respect of a claim referred to in subsection (1) or (3) including any payment in respect of costs necessarily incurred in relation to the claim by any party.

(8)The company shall pay to the Minister a sum equal to the amount of any payment received by the company in respect of a claim referred to in subsection (4) or (5) less the amount of any payment made by the company in respect of costs necessarily incurred by it in relation to the claim and, where such a claim is unsuccessful, the Minister shall pay to the company an amount equal to the amount of any payment made by the company in respect of costs necessarily incurred by it in relation to the claim.