LegalizeState Airports Act 2004
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
6 amending acts · 2021-08-25, revised-IE-2004-act-32@2021-08-25
Act to provide for the vesting, management, operation and development of the State airports known as Dublin Airport, Cork Airport and Shannon Airport and for that purpose to re-name Aer Rianta, cuideachta phoiblí theoranta as Dublin Airport Authority, public limited company to have vested in it, manage, operate and develop Dublin Airport and in connection with this restructuring to provide inter alia for the transfer of certain assets of Aer Rianta cpt in two new public limited companies formed and registered under the Companies Acts 1963 to 2003 one of which to be named Cork Airport Authority, public limited company to have vested in it, manage, operate and develop Cork Airport and the other to be named Shannon Airport Authority, public limited company, to have vested in it, manage, operate and develop Shannon Airport, to amend the Air Navigation and Transport Acts 1936 to 1998, the Customs-free Airport Act 1947, the Aviation Regulation Act 2001 and to provide for related matters
“(5) The aggregate at any one time of moneys borrowed under this section shall not exceed—
(a) in the case of Dublin Airport Authority and any of its subsidiaries, from the Dublin appointed day, €700 million,
(b) in the case of Cork Airport Authority and any of its subsidiaries, from the Cork appointed day, €100 million, and
(c) in the case of Shannon Airport Authority and any of its subsidiaries, from the Shannon appointed day, €20 million.”,
- (b) by inserting after subsection (6) the following:
- “(7) Subject to any guarantees in existence immediately before the Dublin appointed day, the repayment by a company or a subsidiary of a company of any money borrowed under this section by the company or subsidiary shall not be guaranteed by the Minister or the Minister for Finance.”.
In section 18(a), by substituting “vested in, or controlled or managed by” for “belonging to”.
In section 21(1) and (2), by substituting “ section 8 of the State Airports Act 2004 ” for “section 16”.
In section 22 (memorandum and articles of association)—
- (a) in subsection (1), by substituting “Dublin Airport Authority, public limited company” for “The Company”,
- (b) in subsection (3)(a), by substituting “13” for “9”,
- (c) in subsection (3)(d), by substituting “4” for “three”, and
- (d) by deleting subsection (5).
In section 23(1), by inserting after paragraph (d) the following:
- “(dd) to acquire or take a transfer of or otherwise deal with any property, to construct and maintain buildings and all other works of any description whatsoever either upon lands acquired by or transferred to the company or upon other lands and to hold, retain as investments or to sell, dispose of, let, alienate, mortgage, charge or deal with all or any of the same on such terms as the company thinks fit and generally to alter, develop and improve the lands, and other property of the company,”.
In section 26(1)—
- (a) by deleting “by section 14”, and
- (b) by substituting “ section 8 of the State Airports Act 2004 ” for “section 16”.
In section 27, by deleting subsection (5).
In section 28(1)—
- (a) F23[…]
- (b) by deleting subsection (3).
Section 29 (chief executive) by substituting for section 29 the following section:
“29.—(1) There shall be a chief executive officer of each company (‘Chief Executive’).
(2) A Chief Executive shall be appointed by and may be removed from office by the directors of the company of which he or she is the Chief Executive.
(3) A Chief Executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the directors of the company of which he or she is the Chief Executive with the consent of the Minister given with the approval of the Minister for Finance.
(4) A Chief Executive shall be ex officio a director of the company of which he or she is the Chief Executive, but shall not be taken into account for the purpose of fixing, under section 23(2) of the Worker Participation (State Enterprises) Act 1977, the appropriate number of directors who may for the time being stand appointed under that Act.”.
In section 31 (chairperson's report) by substituting for subsection (1) the following:
- “(1) The chairperson of a company shall, immediately after an audit referred to in section 30(2), make a report in writing to the Minister of his or her company's activities and those of any subsidiary during that year.”.
In section 32 (superannuation schemes)—
- (a) in subsection (1)—
- (i) by substituting “A company (either together or separately)” for “The company”, and
- (ii) by substituting “(including its Chief Executive)” for “(including the Chief Executive)”,
- (b) in subsection (7), by substituting for paragraph (a) the following:
- “(a) in accordance with a scheme under this section or an existing scheme with (save in the case of Dublin Airport Authority) the approval in paragraph (b), or”,
and
- (c) by inserting after subsection (17) the following:
- “(18) Notwithstanding this section, a person who is receiving superannuation benefits under another scheme at the commencement of a scheme under this section prepared by the company of whose staff he or she is a member may notify the company within such period as the company may specify that he or she does not wish to become a member of the scheme. In such an event the person remains a member of the other scheme.”.
In section 39 (airport charges) by substituting for subsection (1) the following:
- “(1) Subject to section 32 of the Aviation Regulation Act 2001, a company may require the payment to it of airport charges, in respect of the use of a State airport which it manages, operates and controls, at such rates as it may, from time to time determine.”.
In section 41(1) (abandoned aircraft), by substituting “the company which manages, operates and controls the airport” for “the company”.
In section 48 (authorised officers)—
- (a) by substituting for subsection (1) the following:
“(1) For the purposes of this Act—
(a) Dublin Airport Authority, in relation to Dublin Airport,
(b) Dublin Airport Authority, before the Cork appointed day and from that day, Cork Airport Authority, in relation to Cork Airport, and
(c) Dublin Airport Authority, before the Shannon appointed day and from that day, Shannon Airport Authority, in relation to Shannon Airport,
may appoint such persons or classes of persons as it considers appropriate to be authorised officers.”, and
- (b) in subsection (3) by substituting “the company concerned” for “the company”.
In section 51 (authorised persons)—
- (a) by substituting for subsection (1) the following:
“(1) For the purposes of this Act—
(a) Dublin Airport Authority, in relation to Dublin Airport,
(b) Dublin Airport Authority, before the Cork appointed day and from that day, Cork Airport Authority, in relation to Cork Airport, and
(c) Dublin Airport Authority, before the Shannon appointed day and from that day, Shannon Airport Authority, in relation to Shannon Airport,
may appoint such and so many of its officers and employees as it considers appropriate to be authorised persons for the purposes of this Act.”, and
- (b) in subsection (2) by substituting “the company concerned” for “the company”.
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