LegalizeReform history
Aviation Regulation Act 2001
2 versions
· 2001-02-21
2023-05-01
IE-2001-act-1 — consolidated version 2023-05-01
Changes on 2023-05-01
@@ -1,12 +1,10 @@
# Aviation Regulation Act 2001
## PART 1 Preliminary and General
##### 1 Short title.
##### 1. **Short title.**
**1.**—This Act may be cited as the Aviation Regulation Act, 2001.
##### 2 Interpretation.
##### 2. **Interpretation.**
**2.**—(1) In this Act—
@@ -24,10 +22,12 @@
“commissioner” means a member of the Commission;
“Council Regulation (EEC) No. 95/93” means Council Regulation (EEC) No. 95/93 of 18 January 1993[^1];
“Council Regulation (EEC) No. 95/93” means Council Regulation (EEC) No. 95/93 of 18 January 1993^1;
“deputy commissioner” means a member of the staff of the Commission appointed as a deputy member of the Commission under *section 13*;
F1[“Dublin appointed day”is to be construed in accordance with the State Airports Act 2004;]
“establishment day” means the day appointed under *section 3* to be the establishment day;
“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;
@@ -36,13 +36,21 @@
“Minister” means Minister for Public Enterprise;
“organiser” has the meaning assigned to it by section 3 of the Package Holidays and Travel Trade Act, 1995;
F2[…]
F3[“Regulation (EC) No. 261/2004”means Council Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004^1, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights;]
F4[“Regulations of 2011”means the European Communities (Dublin Airport Charges) Regulations 2011 (S.I. No. 116 of 2011);]
F4[“statement of strategy”means a statement of strategy prepared and submitted under*section 27A*;]
“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;
“terminal services” has the meaning assigned to it by the Irish Aviation Authority Act, 1993;
“tour operator” and “travel agent” have the meanings assigned to them, respectively, in the Transport (Tour Operators and Travel Agents) Act, 1982.
F5[…]
“tour operator” and “travel agent” have the meanings assigned to them, respectively, in the Transport (Tour Operators and Travel Agents) Act, 1982;
F6[“trader”has the meaning assigned to it bysection 2of thePackage Holidays and Travel Trade Act 1995.]
(2) In this Act—
@@ -54,17 +62,17 @@
(*d*) a reference to a statutory instrument shall be construed as a reference to that instrument as amended, adapted or extended by any subsequent statutory instrument.
##### 3 Establishment day.
##### 3. **Establishment day.**
**3.**—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.
##### 4 Expenses of Minister.
##### 4. **Expenses of Minister.**
**4.**—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas.
## PART 2 The Commission for Aviation Regulation
##### 5 Establishment of Commission.
##### 5. **Establishment of Commission.**
**5.**—(1) There shall stand established on the establishment day a body to be known as the Commission for Aviation Regulation or, in the Irish language, An Coimisiún um Rialáil Eitlíochta to perform the functions assigned to it under this Act.
@@ -74,23 +82,49 @@
(4) In carrying out its functions, the Commission shall ensure that all determinations, conditions attaching thereto, amendments thereof and requests shall be objectively justified and shall be non-discriminatory, proportionate and transparent.
##### 6 Independence of Commission.
##### 6. **Independence of Commission.**
**6.**—Subject to this Act, the Commission shall be independent in the exercise of its functions.
##### 7 Principal function of Commission.
**7.**—The principal function of the Commission shall be to regulate airport charges and aviation terminal services charges.
##### 8 Functions of Commission under certain Council Regulations.
##### 7. **Principal function of Commission.**
**7.**—The principal function of the Commission shall be to regulate airport charges F7[…].
##### 8. **Functions of Commission under certain Council Regulations.**
**8.**—(1) The Commission shall be the competent authority in the State for the purposes of Council Regulation (EEC) No. 95/93 other than the functions of the coordinator.
(2) The Commission shall have the function of appointing a coordinator under Article 4 of Council Regulation (EEC) No. 95/93.
(3) The Commission shall have the function of licensing of air carriers under Council Regulation (EEC) No. 2407/92 of 23 July 1992[^1].
##### 9 Transfer of functions.
(3) F8[…]
F9[(4) The Commission is designated for the purposes of Article 16 of Regulation (EC) No. 261/2004.]
##### 8A. **F10[Functions of Commission under European Communities (Dublin Airport Charges) Regulations 2011**
**8A.**—The Commission shall be the independent supervisory authority for the purposes of theF11[Regulations of 2011].]
##### 8B. **F12[Commission to review market power of airport authorities**
**8B.**—(1) The Commission may from time to time carry out a review to assess the market power held by an airport authority in a relevant market in order to assist the Commission in carrying out its functions under this Act.
(2) The Commission shall carry out a review under*subsection (1)*when requested to do so by the Minister.
(3) The Commission shall specify the relevant market for the purposes of a review under*subsection (1)*.
(4) Before carrying out a review under*subsection (1)*, the Commission shall publish a notice setting out—
(*a*) that the Commission proposes to carry out a review to assess the market power held by an airport authority in a relevant market, and
(*b*) that submissions in respect of the review may be made to the Commission in writing before a date specified in the notice (being not less than one month from the date of publication of the notice).
(5) When carrying out a review under*subsection (1)*, the Commission shall consider any submissions made to it under*subsection (4)(b)*.
(6) The Commission shall furnish a report of the findings of the review to the Minister and shall, in that report, make recommendations on the regulation of airport charges.
(7) An airport authority shall, upon a request from the Commission, provide the Commission with such information as the Commission may reasonably require for the purposes of a review under*subsection (1)*.]
##### 9. **Transfer of functions.**
**9.**—(1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by *subsection (2)* are hereby transferred, on the establishment day, to the Commission.
@@ -102,9 +136,7 @@
(*c*) the European Communities (Access to the groundhandling market at Community airports) Regulations, 1998 (S.I. No. 505 of 1998), and
(*d*) the Air Navigation and Transport Act, 1965 (Section 8) Regulations, 1993 (S.I. No. 323 of 1993).
(3) References to the Minister contained in any Act or instrument relating to any functions transferred by *subsection (2)* shall, on the establishment day, be construed as references to the Commission.
(*d*) F13[…]
(4) Anything commenced before the establishment day by or under the authority of the Minister may, in so far as it relates to functions transferred by this section, be carried on or completed on or after such day by the Commission.
@@ -114,13 +146,15 @@
(7) Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this section shall, if and in so far as it was operative immediately before the establishment day, have effect on and after that day as if it had been granted or made by the Commission.
##### 10 Directions by Minister to Commission.
**10.**—(1) The Minister may give such general policy directions (including directions in respect of the contribution of airports to the regions in which they are located) to the Commission as he or she considers appropriate to be followed by the Commission in the exercise of its functions.
##### 10. **Directions by Minister to Commission.**
**10.**—(1) The Minister may give such general policy directions (including directions in respect of the contribution of airports to the regions in which they are located) to the Commission as he or she considers appropriate to be followed by the Commission F14[…].
(2) The Commission shall comply with any direction given under *subsection (1)*.
##### 11 Members of Commission.
F15[(3) The Minister shall not give a policy direction under*subsection (1)*in respect of the exercise of the principal function of the Commission specified in*section 7*.]
##### 11. **Members of Commission.**
**11.**—(1) The Commission shall consist of at least one but not more than 3 members, each of whom shall be appointed by the Minister on such terms and conditions of appointment, including remuneration, as the Minister may fix, with the consent of the Minister for Finance, to hold office in a full-time capacity for a period of not less than 3 and not more than 5 years.
@@ -128,7 +162,7 @@
(3) Where there is more than one commissioner, the Minister shall appoint one of them to be chairperson of the Commission on such terms and conditions of appointment, including remuneration, as the Minister may fix, with the consent of the Minister for Finance, to hold office in a full-time capacity for a period of not less than 3 and not more than 5 years.
(4) A person shall not be appointed as a commissioner unless the Civil Service Commissioners, after holding a competition, have selected him or her for appointment as a commissioner.
(4) A person shall not be appointed as a commissioner F16[unless the Public Appointments Service or other licence holder concerned under the Public Service Management (Recruitment and Appointments) Act 2004], after holding a competition, have selected him or her for appointment as a commissioner.
(5) A commissioner, including the chairperson, whose term of office expires by effluxion of time shall be eligible for re-appointment to serve a second term, subject to a limit of serving no more than 10 years on the Commission.
@@ -152,27 +186,27 @@
(13) No action or other proceedings shall lie or be maintainable (except in the case of wilful neglect or default) against any commissioner arising from a failure to perform or to comply with any of the functions conferred on the Commission by this Act.
##### 12 Staff of Commission.
##### 12. **Staff of Commission.**
**12.**—(1) The Commission may, subject to the consent of the Minister and the Minister for Finance, 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 Commission may perform such of its functions as it may deem proper through or by any member of its staff.
##### 13 Deputy commissioner.
**13.**—The Commission shall designate a member of its staff as a deputy member of the Commission (“deputy commissioner”) who shall assume and carry out with the authority of the Commission all of the functions of the Commission in the absence of the commissioners or when the membership of the Commission is vacant.
##### 14 Consultants.
##### 13. **Deputy commissioner.**
**13.**—The Commission shall designate a member of its staff as a deputy member of the Commission (“deputy commissioner”) who shall assume and carry out with the authority of the Commission all of the functions of the Commission F17[, except in accordance with*section 40(8B)*,] in the absence of the commissioners or when the membership of the Commission is vacant.
##### 14. **Consultants.**
**14.**—The Commission may, from time to time, engage such consultants or advisers as it may consider necessary to assist it in the discharge of its functions and any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Commission.
##### 15 Codes of conduct.
##### 15. **Codes of conduct.**
**15.**—(1) The Commission shall, following consultation with the Minister, draw up a code of conduct in respect of controls on staff interests and ethical behaviour to apply to each member of its staff.
(2) The Commission shall publish any code of conduct drawn up under *subsection (1)*.
##### 16 Membership of Houses of Oireachtas, European Parliament and local authorities.
##### 16. **Membership of Houses of Oireachtas, European Parliament and local authorities.**
**16.**—(1) Where a commissioner is—
@@ -204,7 +238,7 @@
(5) Without prejudice to the generality of *subsection (2)*, that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Commission for the purposes of any superannuation benefits.
##### 17 Declaration of interests.
##### 17. **Declaration of interests.**
**17.**—(1) On his or her offer of appointment, each commissioner shall make a declaration in writing of his or her interests to the Minister, in such form as the Minister, following consultation with the Minister for Finance, may specify.
@@ -212,11 +246,11 @@
(3) A person to whom *subsection (1)* or *(2)* applies shall, throughout the tenure of his or her appointment, amend and update his or her declarations of interests as required by the Minister or the Commission, as the case may be, in respect of any changes in the interests held by the person.
(4) (*a*)A statement of the interests declared under *subsection (1)* shall be included in the next report prepared in accordance with *section 26(c)* following the making of the declaration and any subsequent change in a declaration shall also be included in a statement in the next available report.
(*b*)The form and content of the statement to be included in such report shall be agreed between the Commission, the Minister and the Minister for Finance.
(*c*)Notwithstanding *paragraph (b)*, it shall not be necessary to specify in a statement in such report the amount or monetary value of any interest, or the remuneration of any trade, profession or employment included in the statement.
(4) (*a*) A statement of the interests declared under *subsection (1)* shall be included in the next report prepared in accordance with *section 26(c)* following the making of the declaration and any subsequent change in a declaration shall also be included in a statement in the next available report.
(*b*) The form and content of the statement to be included in such report shall be agreed between the Commission, the Minister and the Minister for Finance.
(*c*) Notwithstanding *paragraph (b)*, it shall not be necessary to specify in a statement in such report the amount or monetary value of any interest, or the remuneration of any trade, profession or employment included in the statement.
(5) Where a person to whom *subsection (1)* applies, fails to make a declaration in accordance with that subsection, the Minister shall decide the appropriate action (including removal from office) to be taken.
@@ -242,13 +276,13 @@
(ii) an airport authority,
(iii) an aviation terminal services provider,
(iii) F18[…]
(iv) a provider of groundhandling services,
(v) a travel agent or tour operator,
(vi) an organiser,
(vi) an F19[trader],
(vii) a coordinator under Article 4 of Council Regulation (EEC) No. 95/93,
@@ -256,9 +290,9 @@
(*c*) a directorship or shadow directorship (within the meaning of the Companies Acts, 1963 to 1999), in such an undertaking, held currently or during the previous two years, or
(*d*) gifts of travel, holidays, transport, money (in excess of £500) or other benefits, including benefits from any beneficial interest in or connected with such an undertaking, during the previous two years which were received by the person being appointed or by his or her spouse.
##### 18 Disclosure of interests.
(*d*) gifts of travel, holidays, transport, money (in excess of £500) or other benefits, including benefits from any beneficial interest in or connected with such an undertaking, during the previous two years which were received by the person being appointed or by his or her spouse F20[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.]
##### 18. **Disclosure of interests.**
**18.**—(1) Where a commissioner, a member of the staff of the Commission, or a consultant, adviser or other person engaged by the Commission, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Commission, he or she shall—
@@ -288,17 +322,17 @@
(7) Where a commissioner fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken.
##### 19 Prohibition on unauthorised disclosure of information.
##### 19. **Prohibition on unauthorised disclosure of information.**
**19.**—(1) Save as otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing duties as a commissioner, member of the staff of, or an adviser or consultant to, or as an authorised officer of, the Commission, unless he or she is duly authorised by the Commission to do so.
(2) A person who contravenes *subsection (1)* shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months, or to both.
(3) (*a*)In this section, “confidential information” means that which is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description.
(*b*)In expressing information to be confidential, the Commission shall have regard to the requirement to protect information of a confidential commercial nature.
##### 20 Superannuation (commissioners).
(3) (*a*) In this section, “confidential information” means that which is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description.
(*b*) In expressing information to be confidential, the Commission shall have regard to the requirement to protect information of a confidential commercial nature.
##### 20. **Superannuation (commissioners).**
**20.**—(1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of a commissioner ceasing to hold office or for the making of contributions to a pension scheme approved of by the Minister with the consent of the Minister for Finance which has been entered into by a commissioner.
@@ -312,7 +346,7 @@
(6) A scheme under this section shall be laid before each House of the Oireachtas by the Minister 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.
##### 21 Superannuation (staff).
##### 21. **Superannuation (staff).**
**21.**—(1) The Commission may prepare and submit to the Minister a scheme or schemes or may make such other arrangements with the approval of the Minister given with the consent of the Minister for Finance, for the granting of superannuation benefits to or in respect of such members of staff of the Commission, including the deputy commissioner, as he or she may think fit.
@@ -330,7 +364,7 @@
(8) A scheme under this section shall be laid before each House of the Oireachtas by the Commission 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.
##### 22 Resources made available by Minister.
##### 22. **Resources made available by Minister.**
**22.**—(1) The Minister may make available to the Commission, on a request being made by the Commission, such staff, premises, equipment, services and other resources as the Minister may determine from time to time in consultation with the Minister for Finance.
@@ -338,29 +372,13 @@
(3) Where the Minister makes available to the Commission under *subsection (1)* any officer of the Minister, that officer shall remain an officer of the Minister and shall not be considered to be a member of the staff of the Commission.
##### 23 Levy.
**23.**—(1) For the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions under this Act, the Commission shall make regulations imposing a levy (“levy”), to meet but not to exceed the estimated operating costs and expenses of the Commission, to be paid each year beginning with such year as specified in the regulations on such classes of undertakings as may be specified by the Commission in the regulations.
(2) Levy shall be payable to the Commission at such time and at such rates as may be prescribed in regulations by the Commission and different rates may be prescribed in respect of different classes of undertaking liable to pay levy.
(3) The Commission may make regulations to provide for the following—
(*a*) the keeping of records and the making of returns by persons liable to pay levy,
(*b*) the collection and recovery of levy, and
(*c*) such other matters as are necessary or incidental to the procurement of the payment of levy.
(4) An increase in levy may only take effect in the year after the year in which the increase is made in regulations.
(5) The Commission may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under this section.
(6) Every regulation made by the Commission 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 regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(7) The Commission shall ensure that its own costs of operations are kept to a minimum and are not excessive.
##### 24 Advances by Minister to Commission.
F21[(4) Notwithstanding*subsection (3)*, the Commission may perform such of its functions as it may deem proper through or by any officer of the Minister made available to the Commission under*subsection (1)*.]
##### 23. **Levy.**
**23.**—F22[…]
##### 24. **Advances by Minister to Commission.**
**24.**—(1) The Minister may, from time to time, with the consent of the Minister for Finance, advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister may determine for the purposes of expenditure by the Commission in the performance of its functions.
@@ -368,11 +386,11 @@
(3) The Commission shall pay to the Minister, on every sum advanced to the Commission under this Act, 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 under section 20 of the Courts Act, 1981.
##### 25 Borrowings.
##### 25. **Borrowings.**
**25.**—The Commission may, for the purpose of the performance of its functions, borrow money, but shall not do so without the consent of the Minister and the Minister for Finance.
##### 26 Accounts.
##### 26. **Accounts.**
**26.**—The Commission shall—
@@ -380,27 +398,81 @@
(*b*) submit accounts kept under *paragraph (a)* in respect of each year to the Comptroller and Auditor General for audit and those accounts when so audited, shall, together with the report of the Comptroller and Auditor General thereon, be presented within 6 months of the end of the financial year, to the Minister, who shall cause copies of the accounts and report to be laid before each House of the Oireachtas, and
(*c*) within the first 3 months of each year make a report to the Minister in relation to the performance of its functions in the previous year and its proposed work programme for the following year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas as soon as practicable.
##### 27 Reports.
(*c*) within the first 3 months of each year make a report to the Minister in relation to the performance of its functions F23[and its implementation of the current strategy statement,] in the previous year and its proposed work programme for the following year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas as soon as practicable.
##### 27. **Reports.**
**27.**—(1) The Commission shall, whenever so requested by the Minister, furnish to the Minister information in relation to such matters as the Minister may specify concerning the scope of its activities generally or in respect of any account or report prepared by the Commission.
(2) The Commission may publish such reports (including statements of strategy) on matters related to its activities and functions as may from time to time be considered relevant and appropriate by the Commission.
(2) The Commission may publish such reports F24[…] on matters related to its activities and functions as may from time to time be considered relevant and appropriate by the Commission.
(3) From time to time, and whenever so requested, the Commission shall account for the performance of its functions to a Joint Committee of the Oireachtas and shall have regard to any recommendations of such Joint Committee relevant to its functions.
##### 28 Separation of accounts.
##### 27A.. **F25[Commission to prepare statement of strategy**
**27A.**—(1) Subject to*subsection (2)*, the Commission shall—
(*a*) as soon as is practicable after the commencement of section 97 of the Air Navigation and Transport Act 2022 but, 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 with subsection (4) of the statement of strategy,
prepare and submit to the Minister for the Minister’s approval a statement of strategy for the Commission 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 Commission 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 Commission’s resources,
(*d*) identify the relevant performance indicators (financial and non-financial) and specify the manner in which the Commission proposes to assess its performance in respect of the objectives, outputs and strategies referred to in*paragraph (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 Commission may consult with any 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 with*subsection (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 Commission 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.]
##### 27B.. **F26[Business plan**
**27B.**—(1) Subject to*subsections (2)*and*(3)*, the Commission 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 Commission for the period to which the business plan relates,
(*b*) contain estimates of the number of—
(i) employees of the Commission, and
(ii) staff members of the Commission who are not employees of the Commission,
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 Commission.
(3) The Commission shall, in preparing the business plan, have regard to the statement of strategy in operation at that time as approved under*section 27A*.]
##### 28. **Separation of accounts.**
**28.**—(1) The Commission may seek that a person in respect of whom it has been given a function under this Act shall keep accounts in such manner as the Commission may determine, in respect of the activities regulated by the Commission, separate from its other activities, and shall produce audited annual accounts in respect of its regulated activities which shall be submitted to the Commission within 6 months of the end of the accounting year.
(2) The Commission may arrange to have examined, on an annual basis, the aforesaid accounts to ensure that a separation of accounts has been carried out.
##### 29 Premises of Commission.
##### 29. **Premises of Commission.**
**29.**—The Commission may, for the purposes of providing premises necessary for the performance of its functions, lease, equip and maintain offices and premises with the consent of the Minister and the Minister for Finance.
##### 30 Seal of Commission.
##### 30. **Seal of Commission.**
**30.**—(1) The Commission shall, as soon as may be after its establishment, provide itself with a seal.
@@ -414,7 +486,7 @@
## PART 3 Regulation of Airport and Aviation Terminal Services Charges
##### 31 Application.
##### 31. **Application.**
**31.**—(1) This Part applies to any airport in the State open to commercial traffic and having an annual passenger throughout of in excess of one million passengers in the previous calendar year.
@@ -422,27 +494,27 @@
(3) Every regulation made by the Minister under *subsection (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 regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
##### 32 Airport charges.
##### 32. **Airport charges.**
**32.**—(1) In this section and *section 33*, “determination” means a determination under *subsection (2)*.
(2) Not more than 6 months after the establishment day and at the end of each succeeding period of 5 years, the Commission shall make a determination specifying the maximum levels of airport charges that may be levied by an airport authority.
(3) In a determination the Commission may provide for a different maximum level of airport charges at different airports.
(4) Where it appears to the Commission that two or more airports are either—
(*a*) managed by the same airport authority, or
(*b*) that they are owned by the same person and operate as a group of airports whose activities are co-ordinated by that person,
any determination in relation to any one of those airports may be made by reference to the aggregate of amounts levied by way of airport charges at that airport and amounts so levied at the other airports.
(5) A determination shall—
(*a*) be in force for a period of 5 years, and
(*b*) come into operation not later than 30 days after the making of such determination.
F27[(2) The Commission shall—
(*a*) as soon as is practicable, but not later than 12 months after the Dublin appointed day, make a determination, and
(*b*) upon the expiration of that determination and each subsequent determination, make a determination,
specifying the maximum levels of airport charges that may be levied byF28[daa]F29[in respect of Dublin Airport under theF30[Regulations of 2011]].]
(3) F31[…]
(4) F31[…]
F32[(5) A determination shall—
(*a*) be in force for such period of not less than 4 years, and
(*b*) come into operation on such day, as the Commission specifies.]
(6) A determination may—
@@ -486,197 +558,173 @@
(13) For the purposes of this section, the Commission may request an airport authority in writing to provide information (including accounts, estimates, returns, projections or any other records) to it which is in the possession of or which can be obtained by the airport authority.
(14) (*a*)The Commission may on or after the expiration of a period of 2 years after the making of a determination—
(14) (*a*) The Commission may F33[…] after the making of a determination—
(i) at its own initiative, or
(ii) at the request of an airport authority or user concerned in respect of the determination,
if it considers that there are substantial grounds for so doing, review the determination and, if it sees fit, amend the determination.
(*b*)An amendment made under *paragraph (a)* shall be in force for the remainder of the period of the determination referred to in *subsection (5)(a)*.
(*c*)*Subsection (5)(b)* and *subsections (7)* to *(13)* shall apply to an amendment made under *paragraph (a)*.
if it considers that there are substantial grounds for so doing, review the determination and, if it sees fit, amend the determination F34[or extend the period referred to in*subsection (5)(a)*by not more than 2 years].
(*b*) An amendment made under *paragraph (a)* shall be in force for the remainder of the period of the determination referred to in *subsection (5)(a)* F34[, or as extended under*paragraph (a)]*.
(*c*) *Subsection (5)(b)* and *subsections (7)* to *(13)* shall apply to an amendment made under *paragraph (a)*.
(15) Any airport charges imposed by an airport authority, which are in force immediately before the establishment day, shall continue in force until any determination has been made.
##### 33 Regulatory objectives in respect of airport charges.
**33.**—In making a determination the Commission shall aim to facilitate the development and operation of cost-effective airports which meet the requirements of users and shall have due regard to—
(*a*) the level of investment in airport facilities at an airport to which the determination relates, in line with safety requirements and commercial operations in order to meet current and prospective needs of those on whom the airport charges may be levied,
(*b*) a reasonable rate of return on capital employed in that investment, in the context of the sustainable and profitable operation of the airport,
(*c*) the efficient and effective use of all resources by the airport authority,
(*d*) the contribution of the airport to the region in which it is located,
(*e*) the level of income of the airport authority from airport charges at the airport and other revenue earned by the authority at the regulated airports or elsewhere,
(*f*) operating and other costs incurred by the airport authority at the airport,
(*g*) the level and quality of services offered at the airport by the airport authority and the reasonable interests of the users of these services,
(*h*) the cost competitiveness and operational efficiency of airport services at the airport with respect to international practice,
(*i*) imposing the minimum restrictions on the airport authority consistent with the functions of the Commission, and
(*j*) such national and international obligations as are relevant to its functions.
##### 34 Amendment of section 39 of Act of 1998.
##### 33. **Regulatory objectives in respect of airport charges.**
**F35[33.**—F36[(1) In making a determination, the principal objectives of the Commission shall be to protect and promote the reasonable interests of current and prospective users of Dublin Airport and the Commission shall seek to—
(*a*) promote safety and security at Dublin Airport,
(*b*) facilitate the efficient and economic development and operation of Dublin Airport,
(*c*) promote high-quality and cost-effective airport services at Dublin Airport, and
(*d*) take account of the policies of the Government on aviation, climate change and sustainable development.]
(2) In making a determination the Commission shall have due regard to—
(*a*) the restructuring including the modified functions ofF1[daa],
(*b*) the level of investment in airport facilities at Dublin Airport, in line with safety requirements and commercial operations in order to meet the needs of current and prospective users of Dublin Airport,
(*c*) the level of operational income ofF1[daa]from Dublin Airport, and the level of income ofF1[daa]from any arrangements entered into by it for the purposes of the restructuring under the State Airports Act 2004,
(*d*) costs or liabilities for whichF1[daa]is responsible,
(*e*)F37[…]
(*f*) policy statements, published by or on behalf of the Government or a Minister of the Governmentand notified to the Commission by the Minister, in relation to the economic and social development of the State,
(*g*) the cost competitiveness of airport services at Dublin Airport,
(*h*) imposing the minimum restrictions onF1[daa]consistent with the functions of the Commission,F37[…]
(*i*) such national and international obligations as are relevant to the functions of the Commission andF38[daa, and]
F39[(*j*) the need to encourage competition at Dublin Airport to—
(i) improve capacity,
(ii) provide choice on routes,
(iii) provide choice between airlines, and
(iv) improve international connectivity.]
(3) Having regard tosection 5(2) of the State Airports Act 2004,*subsection (2)(a)*does not apply in relation to the first determination made after the Dublin appointed day.
(4) The Commission shall not later than 6 months or such lesser period, after consultation with the Commission, as the Minister decides—
(*a*) after the making of the first determination, where it is made after the Cork or Shannon appointed day (within the meaning of the State Airports Act 2004), and
(*b*) where the first determination is made before either of those appointed days, after that appointed day,
have due regard to the restructuring, including the modified functions ofF1[daa]. Where it considers it appropriate it may amend the determination.
(5) In this section—
"restructuring" is to be construed in accordance with the State Airports Act 2004;
"user" means any person—
(*a*) for whom any services or facilities the subject of airport charges are provided at Dublin Airport,
(*b*) using any of the services for the carriage by air of passengers or cargo provided at Dublin Airport, or
(*c*) otherwise providing goods or services at Dublin Airport;
"operational income" includes airport charges and commercial revenues associated with the operation of Dublin Airport.]
##### 33A. **F40[Minister may review regulation of airport charges by Commission**
**33A.**—(1) The Minister may, at any time, carry out a review of the regulation of airport charges by the Commission under this Act.
(2) Before carrying out a review under*subsection (1)*, the Minister shall publish a notice setting out—
(*a*) that the Minister proposes to carry out a review of the regulation of airport charges, and
(*b*) that submissions in respect of the review may be made to the Minister in writing before a date specified in the notice (being not less than one month from the date of publication of the notice).
(3) When carrying out a review under*subsection (1)*, the Minister shall—
(*a*) consider any submissions made to the Minister under*subsection (2)(b)*,
(*b*) consider the most recent report prepared by the Commission under*section 8B*, if applicable,
(c) have regard to the policies of the Government on aviation,
(*d*) assess the effectiveness of the regulation of airport charges by the Commission under this Act, and
(*e*) make recommendations to the Government on legislative change or any other policy matters concerning the regulation of airport charges, as appear to the Minister to be appropriate as a result of the review.
(4) As soon as may be following the completion of a review under this section, the Minister shall prepare a report setting out the findings of the review.
(5) The Minister shall submit a copy of the report under*subsection (4)*to the Government and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas as soon as may be after it is approved by the Government.
(6) After the report has been laid before each House of the Oireachtas, the Minister shall arrange for the report to be published on the internet.]
##### 34. **Amendment of section 39 of Act of 1998.**
**34.**—Section 39(1) of the Act of 1998 is amended by the substitution of “subject to *section 32* of the *Aviation Regulation Act, 2001*” for “with the approval of the Minister”.
##### 35 Aviation terminal services charges.
**35.**—(1) In this section and *section 36*—
“Authority” means Irish Aviation Authority;
“determination” means a determination made under *subsection (2)*.
(2) Not more than 12 months after the establishment day and at the end of each succeeding period of 5 years, the Commission shall make a determination specifying the maximum levels of aviation terminal services charges that may be imposed by the Authority.
(3) A determination shall—
(*a*) be in force for a period of 5 years, and
(*b*) come into operation not later than 30 days after the making of such determination.
(4) A determination may—
(*a*) provide—
(i) for an overall limit on the level of aviation terminal services charges,
(ii) for limits to apply to particular categories of such charges, or
(iii) for a combination of any such limits,
(*b*) operate to restrict increases in any such charges, or to require reductions in them, whether by reference to any formula or otherwise, or
(*c*) provide for different limits to apply in relation to different periods of time falling within the period to which the determination relates.
(5) Prior to making a determination the Commission shall—
(*a*) give notice to any person concerned stating that it proposes to make a determination,
(*b*) publish such notice in a daily newspaper published and circulating in the State, and
(*c*) specify the period (being not less than 2 months from the publication of the notice) within which representations with respect to the proposed determination may be made by interested parties or the public.
(6) The Commission—
(*a*) shall consider any representations which are made under *subsection (5)* and not withdrawn, and
(*b*) may either accept or reject any representations made under *subsection (5)*.
(7) On making a determination the Commission shall make a report on the determination giving an account of its reasons for making that determination together with its reasons for accepting or rejecting representations made under *subsection (5)*.
(8) A report under *subsection (7)* shall be sent by the Commission to the Minister and to the Authority.
(9) The Commission shall as soon as may be—
(*a*) give notice that it has made a report under *subsection (7)*, and
(*b*) make the report available on request to interested parties or to the public.
(10) A notice under *subsection (9)* shall be given by publishing the notice in a daily newspaper published and circulating in the State and by such other means as the Commission may determine.
(11) For the purposes of this section, the Commission may request the Authority in writing to provide information (including accounts, estimates, returns, projections or any other records) to it which is in the possession of or which can be obtained by the Authority about the aviation terminal services provided by the Authority or matters relevant to the provision of aviation terminal services provided by the Authority.
(12) (*a*)The Commission may on or after the expiration of a period of 2 years after the making of a determination under *subsection (1)*—
(i) at its own initiative, or
(ii) at the request of the Authority or user concerned in respect of the determination,
if it considers that there are substantial grounds for so doing, review the determination and if it sees fit, amend the determination.
(*b*)An amendment made under *paragraph (a)* shall be in force for the remainder of the period of the determination referred to in *subsection (3)(a)*.
(*c*)*Subsection (3)(b)* and *subsections (5)* to *(11)* shall apply to an amendment made under *paragraph (a)*.
(13) Any aviation terminal service charges imposed by the Authority, which are in force immediately before the establishment day, shall continue in force until a determination has been made.
##### 36 Regulatory objectives in respect of aviation terminal services charges.
**36.**—In making a determination, the Commission shall aim to facilitate the development and operation of safe, cost-effective terminal services which meet international standards and shall have due regard to—
(*a*) the relevant charging principles of the International Civil Aviation Organisation and of Eurocontrol,
(*b*) the level of investment in aviation terminal services by the Authority, in line with safety requirements and commercial operations, in order to meet current and prospective needs of the airline industry,
(*c*) the efficient and effective use of all resources by the Authority,
(*d*) the level of the Authority's income from aviation terminal services and other revenue earned by the Authority generally,
(*e*) operating and other costs incurred by the Authority in providing aviation terminal services,
(*f*) the level and quality of aviation terminal services, and the reasonable interests of the users of these services, and
(*g*) the cost competitiveness of aviation terminal services with respect to international practice.
##### 37 Amendment of Irish Aviation Authority Act, 1993.
##### 35. **Aviation terminal services charges.**
**35.**—F41[…]
##### 36. **Regulatory objectives in respect of aviation terminal services charges.**
**36.**—F42[…]
##### 37. **Amendment of Irish Aviation Authority Act, 1993.**
**37.**—Section 43(1)(*a*) of the Irish Aviation Authority Act, 1993, is amended by the insertion of “and *section 35* of the *Aviation Regulation Act, 2001*” after “subject to subsection (3)”.
##### 38 Judicial review.
**38.**—(1) A person shall not question the validity of a determination, a review of a determination or a request of the Commission under this Part otherwise than by way of an application for leave to apply for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) (hereafter in this section referred to as “the Order”).
(2) An application for leave to apply for judicial review under the Order in respect of either of the matters referred to in *subsection (1)* shall—
(*a*) be made within the period of two months commencing on the date on which notice of the determination under this Part was first published, unless the High Court considers that there is good and sufficient reason for extending the period within which the application shall be made, and
(*b*) be made by motion on notice (grounded in the manner specified in the Order in respect of an *ex parte* motion for leave) to the Commission and the person concerned,
and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the determination is invalid or ought to be quashed.
(3) The High Court may, before hearing an application referred to in *subsection (2)*, direct that notice of the application be also served on such other persons as the Court may specify.
(4) Notwithstanding an application for leave to apply for judicial review under the Order against a determination under this Part, the application shall not affect the validity of the determination and its operation unless, upon an application to the High Court, that Court suspends the determination until the application is determined or withdrawn.
(5) (*a*)The determination of the High Court of an application for leave to apply for judicial review as aforesaid or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case save with the leave of the High Court which leave shall only be granted where the High Court or the Supreme Court certifies that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.
(*b*)This subsection shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.
(6) Where an application is made for judicial review in respect of part only of a determination under this Part, the High Court may, if it so thinks fit, declare to be invalid or quash the part or any provision thereof without declaring to be invalid or quashing the remainder of the determination or part, as the case may be, and if the Court does so, it may make any consequential amendments to the remainder of the order or part, as the case may be.
(7) References in this section to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court.
##### 39 Application to High Court.
##### 38. **Judicial review.**
**38.**—F43[…]
##### 39. **Application to High Court.**
**39.**—Where a person fails to comply with a determination or a request made by the Commission under this Part, the Commission may apply to the High Court for an order requiring the person to comply with the determination or request.
##### 40 Appeal panel.
**40.**—(1) This section applies to—
(*a*) an airport authority to whom a determination under *section 32(2)* applies,
(*b*) the Irish Aviation Authority in respect of a determination under *section 35(2)*, and
(*c*) an airport user, being any person responsible for the carriage of passengers, mail or freight by air to or from an airport, in respect of a determination under *section 32(2)* or *35(2)*.
(2) The Minister shall, upon a request in writing from a person to whom this section applies who is aggrieved by a determination under *section 32(2)* or *35(2)*, establish a panel (“appeal panel”) to consider an appeal by that person against the determination.
(3) An appeal panel shall consist of at least 3 but not more than 5 persons appointed by the Minister, one of whom shall be designated by the Minister to be the chairperson of the appeal panel.
(4) An appeal panel shall determine its own procedure.
(5) An appeal panel shall consider the determination and, not later than 2 months from the date of its establishment, may confirm the determination or, if it considers that in relation to the provisions of *section 33* or *36*, there are sufficient grounds for doing so, refer the decision in relation to the determination back to the Commission for review.
(6) An appeal panel shall notify the person who made the request under *subsection (2)* of its decision under *subsection (5)*.
(7) An appeal panel, having considered a determination under *section 32(2)* or *35(2)* and made a decision in respect of it under *subsection (5)* and having notified under *subsection (6)* the person who made the request under *subsection (2)* of its decision, shall stand dissolved.
(8) The Commission, where it has received a referral under *subsection (5)* from an appeal panel, shall, within one month of receipt of the referral, either affirm or vary its original determination and notify the person who made the request under *subsection (2)* of the reasons for its decision.
(9) A notice of a decision made under *subsection (8)* shall be given by publishing the notice in a daily newspaper published and circulating in the State and by such other means as the Commission may determine.
##### 41 Service of notices.
##### 39A. **F44[Appeal to High Court**
**39A.**—(1) A relevant person who is aggrieved by a determination of the Commission under*section 32(2)*may, not later than 3 months after notice has been given under*section 32(11)*, appeal to the High Court against that determination.
(2) The High Court shall hear and determine an appeal under this section and may make such orders as it considers appropriate.
(3) The orders that may be made by the High Court on the hearing of an appeal under this section include (but are not limited to) one or more of the following:
(*a*) an order affirming the determination, subject to such modifications, if any, as it considers appropriate;
(*b*) an order setting aside the determination;
(*c*) an order amending the determination;
(*d*) an order remitting the determination to the Commission for review in accordance with any directions of the Court;
(*e*) such order as to costs as it thinks fit.
(4) Where the High Court makes an order remitting the determination to the Commission for review under*subsection (3)(d)*, the Commission shall review the determination in accordance with any directions of the Court.
(5) A decision of the High Court under this section shall be final save that an appeal shall lie to the Court of Appeal on a point of law.
(6) An appeal under*subsection (1)*shall not affect the operation of the determination unless, upon an application to the High Court, the Court makes an order staying or otherwise affecting the operation or implementation of the determination pending the hearing of the appeal.
(7) In this section, "relevant person" means—
(*a*) daa, or
(*b*) a user within the meaning of*section 33(5)*.]
##### 40. **Appeal panel.**
**40.**—F45[…]
##### 41. **Service of notices.**
**41.**—(1) Where a notice is required under this Part to be given to a person, the notice shall be addressed to that person and shall be given to the person in one of the following ways—
@@ -688,13 +736,17 @@
(*d*) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by pre-paid registered post addressed to the person to, that address,
(*e*) in any case where the Commission considers that the immediate giving of the notice is required, by sending it, by means of a facsimile machine, to a device or facility for the reception of facsimiles located at the address at which the person ordinarily resides or carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender's facsimile machine generates a message confirming successful transmission of the total number of pages of the notice.
F50[(*e*) in any case where the Commission considers that the immediate giving of the notice is required, by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person ordinarily resides or carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender’s—
(i) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or
(ii) facsimile machine generates a message confirming successful transmission of the total number of pages of the notice.]
(2) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1999, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
## PART 4 Enforcement
##### 42 Authorised officers.
## PART 4 Enforcement Annotations Editorial Notes: E39 Previous affecting provision: application of part extended and references construed (31.05.2005) by European Communities (Compensation and Assistance To Air Passengers) (Denied Boarding, Cancellation Or Long Delay of Flights) Regulations 2005 (S.I. No. 274 of 2005), reg. 8; revoked (4.04.2006) by Aviation Act 2006 (7/2006), s. 5(2), commenced on enactment.
##### 42. **Authorised officers.**
**42.**—(1) The Commission may appoint persons to be authorised officers for the purposes of this Act.
@@ -704,9 +756,9 @@
(*a*) enter at any reasonable time any premises or place owned or occupied by a person to whom this section applies and search and inspect the premises and any books, documents or records found therein,
(*b*) require any such person to produce to him or her any books, documents or records relating to the provision of airport or aviation services 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 books, documents or records,
(*c*) secure for later inspection any premises or part thereof in which books, documents or records relating to the provision of airport or aviation services are kept or there are reasonable grounds for believing that such books, documents or records are kept,
(*b*) require any such person to produce to him or her any books, documents or records F51[…] 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 books, documents or records,
(*c*) secure for later inspection any premises or part thereof in which books, documents or records F51[…] are kept or there are reasonable grounds for believing that such books, documents or records are kept,
(*d*) inspect and take extracts from or make copies of any such books, documents or 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),
@@ -714,7 +766,7 @@
(*f*) require the person to maintain such books, documents or 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 with regard to the provision of airport or aviation services,
(*g*) require the person to give to the officer any information which he or she may reasonably require F51[…],
(*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 thereto.
@@ -722,7 +774,7 @@
(*a*) an airport authority,
(*b*) a supplier of aviation terminal services,
(*b*) F52[…]
(*c*) any person responsible for the carriage of passengers, mail or freight by air to or from an airport,
@@ -730,7 +782,7 @@
(*e*) a tour operator or a travel agent,
(*f*) an organiser.
(*f*) an F53[trader].
(5) 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 under *section 43* for a warrant to authorise such entry.
@@ -750,37 +802,173 @@
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.
##### 43 Search warrants.
##### 43. **Search warrants.**
**43.**—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 purpose of this Act 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 under *section 42*.
##### 44 Indemnification.
##### 44. **Indemnification.**
**44.**—Where the Commission is satisfied that any member of the staff of the Commission or an authorised officer has discharged his or her duties in pursuance of the functions of the Commission in a *bona fide* manner, the Commission shall indemnify such member of staff or authorised officer, against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.
##### 45 Offences of bodies corporate.
##### 45. **Offences of bodies corporate.**
**45.**—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 a person being a director, manager, secretary or other officer of the body corporate 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 or she were guilty of the first-mentioned offence.
##### 46 Prosecution of summary offences.
##### 45A. **F54[Directions— Regulation (EC) No. 261/2004.**
**45A.**—(1) Where the Commission either on its own initiative or following a complaint by a passenger is of the opinion that an operating air carrier is failing to comply with or is infringing Regulation (EC) No. 261/2004, it may issue a direction to the carrier to comply with the Regulation or cease the infringement and to comply with any instructions contained in the direction. The carrier may, within 14 days of the issue of the direction, make representations to the Commission, which the Commission shall consider. The Commission shall, where it has received such representations, reply in writing to the carrier within 2 months of such receipt. The Commission in its reply may confirm, vary or withdraw the direction. Where the direction is confirmed (with or without variation) the direction takes effect on the date the reply is given.
(2) Where a direction has been issued to an operating air carrier who—
(*a*) has not made representations to the Commission within the period of 14 days of the issue of the direction to the carrier, after such period, or
(*b*) has made such representations and the Commission has replied to the carrier confirming the direction with or without variation, after the reply is given,
fails to comply with the direction, the carrier commits an offence and is liable—
(i) on summary conviction, to a fine not exceeding€5,000, or
(ii) on conviction on indictment, to a fine not exceeding€150,000.
F55[(2A) Where an operating air carrier having been convicted of an offence under*subsection (2)*, after the commencement of this subsection, continues to fail to comply with the direction to which the offence relates, the operating air carrier commits a further offence on each day that the failure to comply continues and for each such offence is liable on summary conviction to a class E fine.]
(3) Where a direction or reply is required to be given to an operating air carrier, the direction or reply shall be addressed to the carrier and shall be given to the carrier in one of the following ways—
(*a*) by delivering it to the carrier,
(*b*) by leaving it at the address at which the carrier carries on business,
(*c*) by sending it by post in a pre-paid registered letter addressed to the carrier at the address at which the carrier carries on business,
(*d*) if an address for the service of a direction or reply has been furnished by the carrier, by leaving it at, or sending it by pre-paid registered post addressed to the carrier to, that address,
(*e*) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the carrier carries on business or, if an address for the service of a direction or reply has been furnished by the carrier, that address:
provided that—
(i) the sender’s—
(I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or
(II) facsimile machine generates a message confirming successful transmission of the total number of pages of the direction or reply,
and
(ii) the direction or reply is also given in one of the other ways mentioned in any of the preceding paragraphs.
(4) For the purposes of*subsection (3)*, a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.
(5) A copy of a direction or reply, which has endorsed on it a certificate purporting to be signed by a commissioner, the deputy commissioner or an officer of the Commission (authorised in that behalf by the Commission) stating that the copy is a true copy of the direction or reply may, without proof of signature of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the direction or reply.
(6) In this section—
"direction" means a direction under*subsection (1)*;
"operating air carrier" has the meaning assigned to it in Article 2 of Regulation (EC) No. 261/2004;
"passenger" means a passenger to whom Article 3 of Regulation (EC) No. 261/2004 applies;
"reply" means a reply by the Commission under*subsection (1)*.]
F56[(7) For the purpose of the exercise of jurisdiction in relation to an offence under this section, the act constituting the offence shall be deemed to have been committed within the area of the Dublin Metropolitan District.]
##### 45B. **F57[Directions - Regulations of 2011**
**45B.**—(1) Where the Commission either, on its own initiative or following a complaint, is of the opinion that daa has failed to comply with Regulation 6, 9, 10 or 11 of the Regulations of 2011, the Commission may issue a direction in writing to daa.
(2) The direction shall—
(*a*) state that the Commission is of the opinion that daa has failed to comply with Regulation 6, 9, 10 or 11 of the Regulations of 2011 and state the reason for that opinion,
(*b*) specify the steps or measures to be taken by daa to remedy the failure concerned,
(*c*) specify a period (ending not earlier than the end of the period within which an appeal may be made under*subsection (7)*) within which those steps or measures shall be taken,
(*d*) include information regarding the making of an appeal under*subsection (7)*, and
(*e*) state that a failure to comply with the direction is an offence under*subsection (12)*.
(3) Daa may, within 14 days of the issue of the direction under*subsection (1)*, make representations in writing to the Commission in relation to the direction.
(4) The Commission shall, within 2 months of the receipt of representations under*subsection (3)*, confirm, vary or withdraw the direction.
(5) Daa shall notify the Commission in writing that the direction has been complied with, as soon as practicable after so complying, and in any case not later than 7 days after the end of the period specified in the direction.
(6) The Commission shall, within one month of receipt of a notification under*subsection (5)*, on being satisfied that daa has complied with the direction, give notice to daa confirming that compliance.
(7) Daa may, within 21 days from the date the direction was issued under*subsection (1)*, or confirmed or varied under*subsection (4)*, appeal against the direction to the High Court.
(8) Where daa makes an appeal under*subsection (7)*, it shall at the same time notify the Commission of the appeal and the grounds for the appeal and the Commission shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
(9) The orders that may be made by the High Court on the hearing of an appeal under this section include (but are not limited to) one or more of the following:
(*a*) an order affirming the direction, subject to such modifications, if any, as it considers appropriate;
(*b*) an order setting aside the direction;
(*c*) an order amending the direction.
(10) Where an appeal under*subsection (7)*is made, the direction, as affirmed or amended by the Court, shall take effect on the later of—
(*a*) the day next following the day on which the direction is affirmed or amended on appeal or the appeal is withdrawn, or
(*b*) the date specified in the direction.
(11) The Commission may withdraw a direction by notice in writing to daa.
(12) Where daa fails to comply with a direction issued under*subsection (1)*, daa commits an offence and is liable—
(*a*) on summary conviction, to a class A fine,
(*b*) on conviction on indictment, to a fine not exceeding€150,000.
(13) Where daa has been convicted of an offence under*subsection (12)*and continues to fail to comply with the direction to which the offence relates, daa commits a further offence on each day that the failure to comply continues and for each such offence is liable on summary conviction to a class E fine.
(14) Where a direction or notice is required to be given to daa under this section, the direction or notice shall be addressed to daa and shall be given in one of the following ways—
(*a*) by delivering it to daa,
(*b*) by leaving it at the address at which daa carries on business,
(*c*) by sending it by post in a pre-paid registered letter addressed to daa at the address at which daa carries on business,
(*d*) if an address for the service of a direction or notice has been furnished by daa, by leaving it at, or sending it by pre-paid registered letter addressed to daa to, that address,
(*e*) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which daa carries on business or, if an address for the service of a direction or notice by electronic mail or facsimile machine has been furnished by daa, that address:
provided that—
(i) the sender’s—
(I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or
(II) facsimile machine generates a message confirming successful transmission of the total number of pages of the direction or notice,
and
(ii) the direction or notice is also given in one of the other ways mentioned in any of the preceding paragraphs.
(15) A copy of a direction or notice, which has endorsed on it a certificate purporting to be signed by a commissioner, the deputy commissioner or an officer of the Commission (authorised in that behalf by the Commission) stating that the copy is a true copy of the direction or notice may, without proof of signature of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the direction or notice.]
##### 46. **Prosecution of summary offences.**
**46.**—Summary proceedings for offences under this Act may be brought and prosecuted by the Commission.
## PART 5 Miscellaneous Amendments
##### 47 Repeal.
##### 47. **Repeal.**
**47.**—Subsection (11) of section 5 of the Irish Aviation Authority Act, 1993, is repealed.
##### 48 Amendment of Freedom of Information Act, 1997.
##### 48. **Amendment of Freedom of Information Act, 1997.**
**48.**—The Freedom of Information Act, 1997, is amended in the Third Schedule, by the insertion in Part I at the end thereof in the second column of “*Aviation Regulation Act, 2001*” and opposite in the third column of “*Section 19*”.
##### 49 Amendment of Act of 1998.
##### 49. **Amendment of Act of 1998.**
**49.**—The Act of 1998 is amended in section 7(4) by the deletion of “that is not being prosecuted summarily”.
##### 50 Amendment of Air Navigation and Transport Act, 1973.
##### 50. **Amendment of Air Navigation and Transport Act, 1973.**
**50.**—Section 2A (inserted by section 65 of the Act of 1998) of the Air Navigation and Transport Act, 1973, is amended—
@@ -795,3 +983,4 @@
(i) in paragraph (*a*) for “£500” of “£1,500”, and
(ii) in paragraph (*b*) for “£700” of “£1,500”.
2001-02-21
Aviation Regulation Act 2001
original version
Text at this date