State Airports (Shannon Group) Act 2014

• (6) Every chose-in-action vested in Shannon Commercial Enterprises by virtue of subsection (5) may, as on and from the transfer made under subsection (1) , be sued on, recovered or enforced by Shannon Commercial Enterprises in its own name and it shall not be necessary for Shannon Commercial Enterprises or the Minister to give notice to the person bound by the chose-in-action of the vesting effected by that subsection.

• (7) In this section “transfer” in respect of land or property other than land means the transfer, sale or lease of such, with or without consideration.

39. Amendment of Customs-free Airport Act 1947

39. (1) The Customs-free Airport Act 1947 is amended in section 2, by substituting for subsection (3) (inserted by section 25(1) of the Act of 2004) the following:

• “(3) For the purposes of this Act, the airport shall comprise—

  • (a) land which for the time being belongs to Shannon Commercial Enterprises Limited, and

  • (b) land which for the time being belongs to Shannon Airport Authority, public limited company.”

• (2) Section 25(1) of the State Airports Act 2004 is repealed.

• (3) This section comes into operation upon the day of the transfer of land to Shannon Commercial Enterprises under section 38.”

40. Transfer of equity holdings

40. (1) All shares of whatever class in each of the companies specified in Schedule 2 that, immediately before the Shannon Commercial Enterprises transfer day, vested in Shannon Development, shall upon that day stand vested in Enterprise Ireland.

• (2) Enterprise Ireland shall, as soon as practicable after the Shannon Commercial Enterprises transfer day, notify each of the companies specified in Schedule 2 of the vesting in Enterprise Ireland of shares in the company concerned by virtue of subsection (1) and particulars of such vesting shall be entered by that company in any register required to be maintained by the company in respect of the shares.

• (3) This section shall apply to each of the companies specified in Schedule 2 notwithstanding any restriction in its memorandum of association or articles of association or any other instrument relating to the vesting or transfer of shares in the company concerned.

• (4) All rights and liabilities of Shannon Commercial Enterprises arising by virtue of any contract in force immediately before the Shannon Commercial Enterprises transfer day and relating to any shares transferred by virtue of this section shall upon that day stand transferred to Enterprise Ireland.

• (5) Every right and liability transferred by this section to Enterprise Ireland may be sued on, recovered or enforced by or against Enterprise Ireland in its own name and it shall not be necessary for Enterprise Ireland to give notice to any person of the transfer of any right or liability by this section.

41. Transfer of rights and obligations of Shannon Commercial Enter prises

41. All of the rights, duties and obligations of Shannon Commercial Enterprises in relation to any grant agreement, grant letter of offer or grant approval entered into or approved by Shannon Development before the Shannon Commercial Enterprises transfer day shall transfer either to the Industrial Development Agency (Ireland) or Enterprise Ireland as determined by the Minister for Jobs, Enterprise and Innovation.

42. Continuance of Shannon Development superannuation schemes

42. (1) Every scheme or arrangement in relation to superannuation administered by Shannon Development immediately before the Shannon Commercial Enterprises transfer day shall on that day continue in force as if made by the Minister for Jobs, Enterprise and Innovation.

• (2)
• (a) All liabilities, duties, obligations and funding (including pension increases and supplementary pension payments) arising by virtue of the operation of a scheme or arrangement referred to in subsection (1) and carried out immediately before the Shannon Commercial Enterprises transfer day by Shannon Development shall upon the Shannon Commercial Enterprises transfer day stand transferred to the Minister for Jobs, Enterprise and Innovation.

• (b) Every right and liability transferred by this section to the Minister for Jobs, Enterprise and Innovation may be sued on, recovered or enforced by or against the Minister for Jobs, Enterprise and Innovation in the name of that Minister of the Government and it shall not be necessary for the Minister for Jobs, Enterprise and Innovation to give notice to any person of the transfer of any right or liability by this section.

• (3) The Minister for Jobs, Enterprise and Innovation may require a relevant body to carry out, on his or her behalf, such pension administration services as the Minister for Jobs, Enterprise and Innovation may specify in writing in relation to a scheme or arrangement to which subsection (1) relates.

• (4) A relevant body shall, when required by the Minister for Jobs, Enterprise and Innovation to do so, carry out such pension administration services as he or she specifies under subsection (3) in relation to a scheme or arrangement to which subsection (1) relates.

• (5) The Minister for Jobs, Enterprise and Innovation may give directions in writing to a relevant body in relation to any pension administration service specified by him or her under subsection (3) .

• (6) A relevant body shall comply with any directions given by the Minister for Jobs, Enterprise and Innovation under subsection (5) .

• (7) Where the Minister for Jobs, Enterprise and Innovation requires a relevant body to carry out the pension administration service specified in paragraph (b) of subsection (9) in relation to a scheme or arrangement to which subsection (1) relates, he or she shall provide the relevant body with a sum of money equal to the total amount of the benefits due under that paragraph to enable that body to make such payment.

• (8) A relevant body shall provide such information to the Minister for Jobs, Enterprise and Innovation, relating to pension administration services which it carries out under subsection (4) , as the Minister for Jobs, Enterprise and Innovation may from time to time require.

• (9) In this section—

“pension administration service”, in relation to a scheme or arrangement to which subsection (1) relates, means—

• (a) calculation of any superannuation benefit payable to, or in respect of, any member of that scheme or arrangement,

• (b) payment, on behalf of the Minister for Jobs, Enterprise and Innovation, of any superannuation benefit due to, or in respect of, any member of that scheme or arrangement to the member or other person concerned,

• (c) maintenance of records relating to, or in respect of, members of that scheme or arrangement, or

• (d) such other service as may be specified by the Minister for Jobs, Enterprise and Innovation for the purposes of administering that scheme or arrangement on his or her behalf;

“relevant body” means—

• (a) Enterprise Ireland,

• (b) IDA,

• (c) Science Foundation Ireland,

• (d) the National Standards Authority of Ireland.

43. Commencement of Part 6

43. This Part (other than section 39) comes into operation on the Shannon Commercial Enterprises transfer day.

PART 7 Miscellaneous Amendments - Airports

44. Prohibition on dazzling aircraft

44. (1) A person who deliberately or recklessly directs or shines a light at or in the direction of—

• (a) a pilot or co-pilot of an aircraft,

• (b) a person involved in the operation of the flight of an aircraft, or

• (c) a person carrying out air traffic control services,

so that the light may dazzle, distract or confuse the pilot or person in the performance of his or her duties commits an offence.

• (2) A person who commits an offence under this section is liable—

• (a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

• (b) on conviction on indictment—

• (i) where the person is an individual - to a fine not exceeding €50,000, or to imprisonment for a term not exceeding 5 years or to both, or

• (ii) where the person is a body corporate - to a fine not exceeding €250,000.

• (3) In this section—

“aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;

“air traffic control service” means a service provided for the purposes of—

• (a) preventing collisions between aircraft and, on the manoeuvring area, between aircraft and obstructions, and

• (b) expediting and maintaining an orderly flow of air traffic.

45. Airport bye-laws

45. Section 15 of the Act of 2004 is amended—

• (a) in subsection (3), by substituting for paragraph (o) the following:

• “(o) the making of provision for—

  • (i) the fixing of an immobilisation device to any vehicle which has been parked contrary to bye-laws made under this section or parked without payment of the charge fixed for its parking,

  • (ii) the removal of such an immobilisation device,

  • (iii) the removal, detention, storage and release of a vehicle so immobilised, and

  • (iv) the disposal of vehicles detained.”,

• (b) by substituting for subsection (9) the following:

• “(9) A person who contravenes a provision of a bye-law made under this section which is stated in the bye-laws to be a penal provision commits an offence and is liable on summary conviction to a class C fine.

• (9A) Where, in relation to the parking of a mechanically propelled vehicle at an airport there is a contravention of a provision referred to in subsection (9) each of the following commits an offence and is liable on summary conviction to a class C fine—

  • (a) the registered owner of the vehicle, and

  • (b) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

  • (c) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

• (9B) Where a person is charged with an offence—

  • (a) under subsection (9A)(a), it shall be a defence for him or her to show that the vehicle was being used on the occasion in question by another person and that—

    • (i) the use of the vehicle which contravened the provision was unauthorised, or

    • (ii) the vehicle was on that occasion the subject of a hire-drive agreement,

    or

  • (b) under subsection (9A)(b), it shall be a defence for him or her to show that the vehicle was being used on the occasion in question by another person and that the use of the vehicle which contravened the provision was unauthorised.”,

and

• (c) by substituting for subsection (16) the following:

• “(16) In this section—

‘company’ means—

- (a) daa, in relation to Dublin Airport,

- (b) Shannon Airport Authority, in relation to Shannon Airport, or

- (c) daa before the Cork appointed day, and Cork Airport Authority, from the Cork appointed day, in relation to Cork Airport;

  ‘immobilisation device’ means a device or appliance designed or adapted for fixing to a vehicle, onto a part of it, for the purpose of preventing it being driven or otherwise put in motion.

• (17) In this section and sections 27 and 27A ‘hire-drive agreement’, ‘mechanically propelled vehicle’ and ‘registered owner’ have the meanings assigned to them, respectively, by the Road Traffic Act 1961. ”.

46. Airport may make charges for vehicle parking and removal of immobilisation devices, etc.

46. A company (within the meaning of section 15 of the Act of 2004) may provide parking facilities and fix charges in respect of the parking of a vehicle at its airport and for the removal of an immobilisation device fixed to a vehicle or a vehicle removed, detained, stored, released or disposed of under bye-laws made under section 15(3) (o) of the Act of 2004.

47. Requirement to move unlawfully parked vehicles in certain circumstances

47. (1) Where an authorised officer finds a vehicle remaining stationary or parked in a place in an airport in contravention of bye-laws made under section 15 of the Act of 2004, he or she may—

• (a) if the person in apparent control of the vehicle is in or near the vehicle, require the person to move the vehicle from that place, or

• (b) if the vehicle is unoccupied and there appears to be no person in control of the vehicle in the vicinity of the vehicle, cause the vehicle to be moved from that place.

• (2) Where a person in apparent control of a vehicle, upon a requirement made of him or her under subsection (1), fails to move the vehicle immediately, an authorised officer may cause the vehicle to be moved.

• (3) Where a vehicle is moved under this section the costs of moving the vehicle shall be borne by the owner or person in apparent control of the vehicle and the vehicle may not be released until such costs have been discharged.

• (4) A person who fails, without reasonable excuse, to comply with a requirement made of him or her by an authorised officer under subsection (1) commits an offence and is liable on summary conviction to a class C fine.

48. Powers of authorised officers at airport

48. (1) An authorised officer, in the interest of the proper operation, or the security or safety, of an airport, or the security or safety of persons, aircraft or other property at an airport, may do all or any of the following things:

• (a) stop a person at the airport;

• (b) require a person at the airport to—

• (i) give his or her name and address and to produce for inspection other evidence of his or her identity,

• (ii) where he or she is driving or in control of a mechanically propelled vehicle (within the meaning of the Road Traffic Act 1961), produce his or her driving licence or learner permit (within the meaning of the Road Traffic Act 1961) for inspection,

• (iii) state the purpose of his or her being at the airport, or

• (iv) account for any baggage or other property which may be in his or her possession;

• (c) require a person—

• (i) who refuses to produce for inspection other evidence of his or her identity, or, if he or she is driving or in control of a mechanically propelled vehicle, to produce for inspection his or her driving licence or learner permit,

• (ii) who refuses to state the purpose of his or her being at the airport,

• (iii) who refuses to account for any baggage or other property in his or her possession,

• (iv) who gives a name or address or states a purpose of his or her being at the airport which is known, or is reasonably suspected, by the authorised officer to be false or fictitious, or

• (v) whom he or she knows not to have, or whom he or she reasonably suspects of not having, a lawful reason for being at the airport,

to leave the airport, or any part of it, or he or she may remove (using reasonable force) such person from the airport, or any part of it, or he or she may arrest that person without warrant;

• (d) arrest without warrant a person—

• (i) who assaults, or whom he or she reasonably suspects to have assaulted, another person at an airport,

• (ii) who commits, or whom he or she knows to have, or whom he or she reasonably suspects of having committed an offence under—

• (I) section 2A (inserted by section 65 of the Act of 1998) of the Air Navigation and Transport Act 1973,

• (II) section 29 (in relation to a contravention of section 19), 41 or 43 of the Air Navigation and Transport Act 1988,

• (III) section 47, 48, 49, 50 or 51 of the Act of 1998, or

• (IV) section 44 of this Act,

• (iii) who commits or whom he or she reasonably suspects to have committed an offence under section 15(9) of the Act of 2004 in respect of a contravention of bye-laws made under subsection (3)(a), (c), (d), (e) or (g) of that section insofar as the alleged offence relates to the safety or security of the airport, airside operations or aircraft or persons using the airport, or

• (iv) whom he or she knows to have, or reasonably suspects of having, a stolen article in his or her possession.

• (2) Where an authorised officer, who is not a member of the Garda Síochána, arrests a person under this section, he or she shall, as soon as is practicable, deliver the person into the custody of a member of the Garda Síochána to be dealt with in accordance with law.

• (3) Where a person is arrested under this section the person shall be taken by the member to a Garda Síochána station and may be detained there or arrested and detained there in accordance with section 4 of the Criminal Justice Act 1984 and, accordingly, the reference in subsection (2) (inserted by section 9 of the Criminal Justice Act 2006) of that section to “an offence to which this section applies” is to be read as including a reference to an offence referred to in subsection (1) .

• (4) Where an authorised officer has reasonable grounds for believing that there is evidence on a person or in a vehicle of an offence committed under the Airports and Aviation Acts 1936 to 2014 or that a stolen article is in the possession of a person or is in a vehicle, the officer may without warrant—

• (a) search or cause to be searched the person and, if the officer considers it necessary, detain the person for such time as is reasonably necessary to carry out the search,

• (b) search or cause to be searched the vehicle and for the purpose of carrying out the search, if the officer thinks fit, require the person in control of the vehicle to bring it to a stop and when stopped to refrain from moving it or, where the vehicle is already stationary, to refrain from moving it, or

• (c) seize and retain or cause to be seized and retained anything found in the course of a search under this subsection which any such officer reasonably suspects to be something which might be required as evidence in proceedings for such an offence or to be a stolen article.

• (5) Where an authorised officer decides to search or cause to be searched a person under subsection (4) , the officer may require the person to accompany that officer to a place for the purpose of being so searched.

• (6) An authorised officer may stop a vehicle at an airport and may require it to be moved for inspection to such place as he or she directs.

• (7) Where an authorised officer arrests a person pursuant to the powers conferred on him or her by subsection (1)(d)(iv), he or she may retain in his or her possession any article which he or she knows to have been, or reasonably suspects of having been, stolen until it has been established whether or not the article was stolen.

• (8) A person who was required by an authorised officer to leave an airport or part of an airport, or who was removed from an airport or part of an airport by an authorised officer, shall not, on the same day, without the permission of an authorised officer, return to the airport or the part of the airport which he or she was ordered to leave, or from which he or she was removed, as the case may be.

• (9) Any person who obstructs, impedes or assaults an authorised officer in the exercise of any of the powers conferred on him or her by this section, or who fails to comply with any lawful requirement of an authorised officer under this section, commits an offence and is liable on summary conviction—

• (a) in case the officer is obstructed or impeded, to a class C fine, or

• (b) in case the officer is assaulted, to a class A fine or to imprisonment for a term not exceeding 3 months or to both.

• (10) A person appointed as an authorised officer under section 48 of the Act of 1998 may be appointed as an authorised officer generally for the purposes of the Airports and Aviation Acts 1936 to 2014 or for specified purposes.

• (11) Sections 33, 42 and 48 of the Air Navigation and Transport Act 1988 are repealed.

49. Immunity of authorised officers and authorised persons

49. An authorised officer or an authorised person is not liable in any proceedings for anything done in the purported exercise of the powers of such officer or person under the Airports and Aviation Acts 1936 to 2014 if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

50. Authorised officers and authorised persons

50. (1) Section 2(1) of the Act of 1998 is amended by substituting for the definition of “authorised officer” and “authorised person” the following:

“ ‘authorised officer’ means—

• (a) a member of the Garda Síochána,

• (b) in relation to a State airport, a person, or a person belonging to a class of persons, authorised in writing to perform the functions of an authorised officer by or under the Airports and Aviation Acts 1936 to 2014, by—

  • (i) in respect of Dublin Airport, daa,

  • (ii) in respect of Shannon Airport, Shannon Airport Authority, and

  • (iii) in respect of Cork Airport, before the Cork appointed day, daa, and from that day, Cork Airport Authority,

  or

• (c) in relation to an airport in the State, other than a State airport, a person, or a person belonging to a class of persons, authorised in writing by the Minister to perform the functions conferred on an authorised officer by or under the Airports and Aviation Acts 1936 to 2014;

‘authorised person’ means a person appointed in writing to perform the functions conferred on an authorised person by or under this Act by—

• (a) in respect of Dublin Airport, daa,

• (b) in respect of Shannon Airport, Shannon Airport Authority, and

• (c) in respect of Cork Airport, before the Cork appointed day, daa, and from that day, Cork Airport Authority;”.

• (2) A person appointed as an authorised officer in relation to a State airport under the Airports and Aviation Acts 1936 to 2004, who, immediately before the passing of this Act, is an authorised officer at a State airport, shall, on such passing, be deemed to be an authorised officer for that airport.

51. Fixed payment notice and declarations

51. The following sections are substituted for section 27 of the Act of 2004:

“Fixed payment notice

27. (1) Where—

• (a) an authorised officer in relation to a State airport for which he or she is such an officer, or

• (b) an officer of the Minister or other person appointed by the Minister for the purposes of this section in relation to an airport which is not a State airport,

has reasonable grounds for believing that a person is committing or has committed an offence under—

- (i) section 15(9) for contravening or failing to comply with a provision of a bye-law made under that section,

- (ii) section 2A(1) or (2) (inserted by section 65 of the Act of 1998) of the Air Navigation and Transport Act 1973, or

- (iii) *[section 47](#47-requirement-to-move-unlawfully-parked-vehicles-in-certain-circumstances)* of the *State Airports (Shannon Group) Act 2014*,

  he or she may serve the person or cause the person to be served with a notice (‘fixed payment notice’) in the prescribed form, in the manner mentioned in subsection (2).

• (2) Where a fixed payment notice is to be served under this section it shall be—

  • (a) served personally or by post on the person who is alleged to have committed the offence, or

  • (b) where the alleged offence involved the parking of a mechanically propelled vehicle at an airport—

    • (i) served on the person who parked the vehicle, or

    • (ii) where the person cannot be identified, affixed to the vehicle and, as soon as practicable thereafter, served personally or by post on the registered owner of the vehicle.

• (3) A fixed payment notice shall state that—

  • (a) the person is alleged to have committed the offence, or, if the notice is affixed to a mechanically propelled vehicle under subsection (2) (b) (ii), the offence specified in the notice is alleged to have been committed,

  • (b) the person may make to the relevant company or the Minister, as the case may be, at the address specified in the notice a payment, accompanied by the notice, of the relevant amount, during the period of 21 days beginning on the date of the notice, and

  • (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (4) Where a fixed payment notice is served under subsection (1) —

  • (a) a person to whom the notice applies may, during the period specified in the notice, make to the relevant company concerned or the Minister at the address specified in the notice the payment specified in the notice accompanied by the notice,

  • (b) the relevant company or the Minister, as the case may be, may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

  • (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (5) In a prosecution for an offence under a provision referred to in subsection (1) the onus of proving that a payment pursuant to a fixed payment notice has been made lies with the defendant.

• (6) In any proceedings in respect of an offence referred to in subsection (1) a document purporting to be a certificate or receipt of posting or delivery by or on behalf of An Post or another postal service is evidence of the posting or delivery of a fixed payment notice.

• (7) For the purposes of subsection (3)(b) the relevant amount is—

  • (a) in respect of an offence mentioned in subsection (1)(i) or (iii) - €100, and

  • (b) in respect of an offence mentioned in subsection (1)(ii) - €250,

  or such other amount in respect of either of those amounts standing specified for the time being in regulations made by the Minister.

• (8) For the purposes of prescribing the form of a fixed payment notice—

  • (a) the relevant company, in respect of a State airport, may make bye-laws, or

  • (b) the Minister, in respect of an airport which is not a State airport may make regulations,

  prescribing the form of the notice.

• (9) The payment of relevant amounts under this section shall be disposed of in a manner determined by the relevant company or the Minister, as the case may be.

• (10) In this section ‘relevant company’ means—

  • (a) daa, in relation to Dublin airport,

  • (b) Shannon Airport Authority, in relation to Shannon airport, and

  • (c) before the Cork appointed day, daa, and from that day Cork Airport Authority, in relation to Cork airport.

  Declaration

  27A. (1) Where a fixed payment notice is affixed to a mechanically propelled vehicle or served on the registered owner of the vehicle in accordance with section 27(2)(b)(ii) in respect of an alleged offence under section 15(9) for contravening a provision of bye-laws under that section relating to the parking of the vehicle at an airport, the notice shall contain or be accompanied by a statement requiring the registered owner, if he or she wishes to show—

  • (a) that he or she was not at the time of the commission of the alleged offence concerned driving, in control of or otherwise using the vehicle, and

  • (b) if—

    • (i) the use of the vehicle was authorised by the registered owner, the name and address of the person in control of the vehicle at the material time, or

    • (ii) such use was unauthorised, that fact,

    give or send, not later than 21 days after the date of service on the registered owner of the notice, to an authorised officer at the address contained in the notice, a declaration, in the manner specified in the notice, signed by the registered owner, stating such.

• (2) An authorised officer may require such reasonable information of the person on whom the fixed payment notice referred to in subsection (1) is served as to the whereabouts of the person in control of the vehicle at the time of the commission of the alleged offence.

• (3) Where the registered owner of the mechanically propelled vehicle concerned does not give or send to an authorised officer the information specified in subsection (1)(b)(i) or (2), then, in a prosecution of that registered owner for the offence to which the fixed payment notice relates, it shall be presumed, until the contrary is shown that he or she was driving, in control of or otherwise using the vehicle at the time of the commission of the alleged offence.

• (4) Where the registered owner of a mechanically propelled vehicle complies with a requirement of this section, to the satisfaction of an authorised officer, the payment of the relevant amount specified in the the fixed payment notice need not be made by the registered owner and a prosecution of the registered owner in respect of the alleged offence to which the notice relates shall not be initiated.

• (5) A person who gives information in a declaration under subsection (1) or upon a requirement under subsection (2), which he or she knows is false or misleading, commits an offence and is liable on summary conviction to a class D fine.”

52. Directors of company and subsidiary of company

52. (1) Section 28 of the Act of 1998 is amended by substituting for subsection (1) (inserted by paragraph 13 of the Schedule to the Act of 2004) the following:

“28. (1) Notwithstanding anything contained in the Companies Acts, the directors of the board of any subsidiary which the Minister by direction in writing specifies, shall be appointed, and may be removed from office, by the chairperson with the prior written consent of the Minister.”

• (2) Section 34 of the Act of 1998 is amended by inserting after subsection (3) the following:

• “(3A) In the case of a director of a company or of a subsidiary of a company who is also a director of both of them the interest thereby created is not to be considered an interest to be disclosed and acted upon under subsection (1).”

• (3) Paragraph 13(a) of the Schedule to the Act of 2004 is deleted.

PART 8 Article XI (Alternative A) of Protocol to the Convention on International Interests in Mobile Equipment (Cape Town Convention) - The Aircraft Equipment Protocol

53. Powers of Government to make order to give effect to Article XI (Alternative A) of Aircraft Protocol to Cape Town Convention

53. Section 5 of the International Interests in Mobile Equipment (Cape Town Convention) Act 2005 is amended by inserting after subsection (2) the following:

• “(2A) The Government may make an order providing that the Aircraft Protocol shall have force of law in the State as provided under section 4 as if the entirety of Alternative A in Article XI of the Aircraft Protocol was in force as respects the State and applied to insolvency proceedings. The order may specify the waiting period required under Article XI of the Protocol as a period of 60 days.”

PART 9 Amendment of Transport (Tour Operators and Travel Agents) Act 1982 and Package Holidays and Travel Trade Act 1995

54. Amendment of Transport (Tour Operators and Travel Agents) Act 1982

54. The Transport (Tour Operators and Travel Agents) Act 1982 is amended—

• (a) in section 2(1), after the definition of “overseas travel contract” by inserting the following:

‘retailer’ and ‘organiser’ have the meaning assigned to each of them, respectively, in the Package Holidays and Travel Trade Act 1995;

‘sufficient evidence of security’, in relation to a package, means sufficient evidence of security for the refund of money paid over and for the repatriation of a consumer in the event of insolvency of the retailer or organiser of the package in compliance with the requirements of—

• (a) section 22 of the Package Holidays and Travel Trade Act 1995, or

• (b) if the retailer or organiser is established in another Member State, measures giving effect to Article 7 of Council Directive No. 90/314/EEC of 13 June 1990¹ in the other Member State;”,

• (b) by substituting for sections 4 and 5 the following:

“Restriction on carrying on business as tour operator

4. A person established in the State, shall not carry on business as a tour operator in the State or hold himself or herself out, by advertisement or otherwise, as carrying on such business unless he or she—

• (a) is the holder of a licence granted under section 6 to carry on such business, or

• (b) being a retailer or organiser of packages established in the State, has—

  • (i) sufficient evidence of security in respect of packages offered for sale or sold by him or her, and

  • (ii) has provided a notification to that effect, in the English language, to the Commission for Aviation Regulation before carrying on such business.

  Restriction on carrying on business as travel agent

  5. A person established in the State, shall not carry on business as a travel agent in the State or hold himself or herself out, by advertisement or otherwise, as carrying on such business unless he or she—

• (a) is the holder of a licence granted under section 6 to carry on such business, or

• (b) being a retailer or organiser of packages established in the State, has—

  • (i) sufficient evidence of security in respect of packages offered for sale or sold by him or her, and

  • (ii) has provided a notification to that effect, in the English language, to the Commission for Aviation Regulation before carrying on such business.

  Requirements on a retailer or organiser of packages established in another Member State carrying on business in State

  5A. (1) A retailer or organiser of packages whose place of establishment is in another Member State shall not carry on business, including on a temporary basis, either physically or at a distance, as a retailer or organiser of packages or hold himself or herself out, by advertisement or otherwise, as carrying on such business in the State unless he or she—

• (a) has sufficient evidence of security in respect of packages offered for sale or sold by him or her in the State, and

• (b) has provided a notification to that effect, in the English language, to the Commission for Aviation Regulation before carrying on such business in the State.

• (2) A tour operator or travel agent, whose place of establishment is in another Member State, other than a retailer or organiser of packages, may carry on business in the State, including on a temporary basis, either physically or at a distance.

• (3) In this section, ‘carrying on business in the State’ means the sale of travel services in the State for travel which commences within the State to destinations outside the State.”,

and

• (c) by substituting for section 20 the following:

“Offence - contravening section 4 or 5 and penalties

20. (1) A person who carries on business, or holds himself or herself as carrying on business—

• (a) as a tour operator, retailer or organiser of packages, in contravention of section 4, or

• (b) as a travel agent, retailer or organiser of packages, in contravention of section 5,

commits an offence and is liable—

- (i) on summary conviction, to a class A fine, or

- (ii) on conviction on indictment, to a fine not exceeding €250,000.

• (2) A person who for the purposes of obtaining for himself or herself or any other person a licence under section 6 makes a statement which he or she knows to be false or misleading or who recklessly makes a statement which is false in a material particular commits an offence and is liable—

  • (a) on summary conviction, to a class A fine, or

  • (b) on conviction on indictment, to a fine not exceeding €50,000,

  and any such licence obtained by him or her as a result of that statement is void and of no effect.

• (3) Where a person is convicted of an offence under this section the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order that person to pay to the Minister the costs and expenses, measured by the court, incurred by the Minister in relation to the investigation, detection and prosecution of the offence.”

55. Amendment of Package Holidays and Travel Trade Act 1995

55. The Package Holidays and Travel Trade Act 1995 is amended—

• (a) in section 6, by substituting for subsections (1) and (2) the following:

• “(1) A person who commits an offence under this Act (other than section 22(3)) is liable on summary conviction to a class A fine.

• (2) A person who commits an offence under section 22(3) is liable—

  • (a) on summary conviction to a class A fine, or

  • (b) on conviction on indictment, to a fine not exceeding €250,000.”,

• (b) by inserting after section 21 the following:

“Search warrant

21A. (1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for believing that—

• (a) evidence of or relating to the commission or intended commission of an offence under this Act or the Act of 1982 is to be found on land or a premises, or

• (b) a record related to anything to which paragraph (a) refers is or may be on the land or premises,

then the judge may issue a search warrant.

• (2) A search warrant under this section shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter, using reasonable force if necessary, the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised officer under section 21.”,

• (c) in section 22, by substituting—

• (i) in subsection (2), for paragraph (b) the following:

• “(b) if the package is one in respect of which a provider established in the State holds a licence under the Act of 1982 and is covered by arrangements entered into for the purposes of that Act.”,

and

• (ii) for subsection (3) the following:

• “(3) A package provider, in respect of a package provided by or through the package provider, who fails to—

  • (a) make one of the arrangements made described in subsection (2), or

  • (b) ensure that such arrangements are in force,

  commits an offence.”,

and

• (d) by deleting section 32.

SCHEDULE 1 Enactments Repealed

Section 5

Number and Year (1)	Short Title (2)
No. 36 of 1959	Shannon Free Airport Development Company Limited Act 1959
No. 31 of 1961	Shannon Free Airport Development Company Limited (Amendment) Act 1961
No. 27 of 1963	Shannon Free Airport Development Company Limited (Amendment) Act 1963
No. 14 of 1965	Shannon Free Airport Development Company Limited (Amendment) Act 1965
No. 13 of 1968	Shannon Free Airport Development Company Limited (Amendment) Act 1968
No. 9 of 1970	Shannon Free Airport Development Company Limited (Amendment) Act 1970
No. 21 of 1974	Shannon Free Airport Development Company Limited (Amendment) Act 1974
No. 3 of 1978	Shannon Free Airport Development Company Limited (Amendment) Act 1978
No. 28 of 1980	Shannon Free Airport Development Company Limited (Amendment) Act 1980
No. 12 of 1983	Shannon Free Airport Development Company Limited (Amendment) Act 1983
No. 20 of 1986	Shannon Free Airport Development Company Limited (Amendment) Act 1986
No. 13 of 1989	Shannon Free Airport Development Company Limited (Amendment) Act 1989

SCHEDULE 2 Shareholdings to be Transferred to Enterprise Ireland

Section 40

Footnotes