Air Navigation and Transport Act 2022

PART 1 Preliminary and General

1. Short title, commencement, collective citations and construction

1. (1) This Act may be cited as the Air Navigation and Transport Act 2022.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

(3) The Air Navigation and Transport Acts 1936 to 1998 and this Act (other than Parts 7 and 10 and Schedules 2 and 3) may be cited together as the Air Navigation and Transport Acts 1936 to 2022 and shall be construed together as one Act.

(4) The Aviation Regulation Acts 2001 to 2004 and section 105 may be cited together as the Aviation Regulation Acts 2001 to 2022.

2. Interpretation - general

2. (1) In this Act—

“Act of 1993” means the Irish Aviation Authority Act 1993;

“Act of 1998” means the Air Navigation and Transport (Amendment) Act 1998;

“Act of 2014” means the Companies Act 2014;

“aerodrome” has the meaning assigned to it by the Act of 1993;

“aeronautical communications services” has the meaning assigned to it by the Act of 1993;

“air navigation services” has the meaning assigned to it by the Act of 1993;

“aircraft” has the meaning assigned to it by the Act of 1993;

“airspace” has the meaning assigned to it by the Act of 1993;

“ANT Acts” means the Air Navigation and Transport Acts 1936 to 1998;

“authorised officer” has the meaning assigned to it by the Act of 1993;

“Chicago Convention” has the meaning assigned to it by the Act of 1993;

“Chief Executive” means the chief executive of the IANS appointed under section 35;

“contracting state” has the meaning assigned to it by the Act of 1993;

“determination”, in relation to a relevant authority, means a decision of the authority as to whether or not any sum is due to Eurocontrol, the IANS or the Minister in respect of air navigation services or aeronautical communications services provided by Eurocontrol, the IANS, the Minister or any other person;

“electronic device” includes any device which uses any electronic, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data, or both store and transmit data;

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

“enactment” has the meaning assigned to it by the Interpretation Act 2005;

“Eurocontrol” has the meaning assigned to it by the Act of 1993;

“Eurocontrol Convention” has the meaning assigned to it by the Act of 1993;

“IAA” means the Irish Aviation Authority;

“IANS” means the company referred to in section 10;

“International Civil Aviation Organisation” has the meaning assigned to it by the Act of 1993;

“Irish airspace” has the meaning assigned to it by the Act of 1993;

“licence” has the meaning assigned to it by the Act of 1993;

“Minister” means the Minister for Transport;

“operator” has the meaning assigned to it by the Act of 1993;

“other airspace” means areas of airspace, other than Irish airspace, in which the IANS is authorised to provide air navigation services pursuant to agreements with any, or any combination, of the following:

(a) any persons who manage and control airspace for which states other than the State are responsible or who are responsible for the provision of air navigation services or aeronautical communications services in that airspace;

(b) international organisations;

“recognised trade unions and staff associations” means trade unions and staff associations recognised by the IANS or the IAA, as appropriate, for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees;

“record” includes, in addition to a record in writing and an electronic record—

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

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

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

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

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

(a) any court or tribunal which, under the law of that state, may determine questions as to whether or not a sum is due to Eurocontrol, the IANS or the Minister in respect of air navigation services provided by Eurocontrol, the IANS or the Minister or any other person,

(b) an administrative authority which, under the law of that state, may determine such questions, being a determination which, in that state, is subject to appeal to, or review by, a court or tribunal, or

(c) a court or tribunal which, under the law of that state, may determine an appeal from, or carry out a review of, a determination made in respect of any such questions by another relevant authority;

“State aerodrome” means Cork Airport, Dublin Airport or Shannon Airport;

“State authority” means a Minister of the Government, the Commissioners of Public Works Ireland or an agent of the Minister;

“subsidiary” means a subsidiary (within the meaning of section 7 of the Act of 2014) of the IANS;

“vesting day” means the day appointed under section 10(3) to be the vesting day.

(2) A reference in this Act to a certificate or licence includes a reference to an instrument of approval or other authorisation or permission and a reference in this Act to the grant or renewal of a certificate or licence includes a reference to the validation, revalidation or variation of the certificate or licence.

(3) Where any function of the IANS is, under the memorandum of association of a subsidiary, a function of the subsidiary, every provision of, or of any instrument made under, this Act or any other enactment relating to the IANS shall, in respect of that function, apply to the subsidiary as it applies to the IANS.

(4) Where any function of the IAA is, under the memorandum of association of a subsidiary of the IAA, a function of the subsidiary, every provision of, or of any instrument made under, this Act or any other enactment relating to the IAA shall, in respect of that function, apply to the subsidiary as it applies to the IAA.

3. Application to state aircraft

3. (1) Subject to subsection (2), this Act (other than this section) shall not apply to state aircraft or to aerodromes under the control of the Minister for Defence.

(2) The Minister may by order declare that specified provisions of, or of instruments made under, this Act shall, with any specified modifications, apply to state aircraft (other than state aircraft of the State), and any such provision so declared shall apply and have effect accordingly.

(3) In this section, “state aircraft” means aircraft of any state used in the military, customs or police service of that state.

4. Regulations, etc.

4. Every order (other than an order made under section 1(2) or 15) or regulation made by the Minister or the IANS under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. Directions by Minister to IANS

5. (1) The Minister may give a direction in writing to the IANS—

(a) requiring the IANS—

(i) to comply with policy decisions of a general kind made by the Government in relation to aviation in so far as the decisions affect functions of the IANS, or

(ii) to do or refrain from doing anything to which a function of the IANS relates specified in the direction the doing, or the refraining from the doing, of which is, in the opinion of the Minister—

(I) necessary or expedient in the national interest, or

(II) for the purpose of enabling the Government or the State to—

(A) become a member of an international organisation whose principal function or one of whose principal functions relates to air navigation,

(B) become a party to an international agreement relating wholly or mainly to air navigation, or

(C) discharge its obligations as a member of such an organisation or as a party to such an agreement,

or

(b) whenever the Minister is satisfied that the interests of the State or the public so require, requiring the IANS to achieve and maintain, in relation to the measures taken by it and the human and material resources employed by it for the purpose of safeguarding civil aviation against acts of unlawful interference, standards not lower than those specified.

(2) If the IANS considers that compliance by it with a direction under subsection (1) would adversely affect the safety of aircraft, it shall so inform the Minister.

(3) The IANS shall comply with a direction given to it under subsection (1).

6. Disposal of moneys received by Minister

6. Moneys received by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform may direct.

7. Expenses

7. Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

8. Repeals

8. (1) Section 43 of the Act of 1993 is repealed.

(2) Subject to section 44(4) and (5) of the Act of 1993, section 23 of the Aviation Regulation Act 2001 is repealed.

PART 2 Formation and Administration of Irish Air Navigation Service

9. Definition - Part 2

9. In this Part, “superannuation benefits” means pensions, gratuities or other allowances payable on resignation, retirement or death.

10. Formation of Irish Air Navigation Service

10. (1) The Minister shall, as soon as is practicable after the commencement of this section and after consultation with the Minister for Public Expenditure and Reform, cause a DAC limited by shares, conforming to the conditions laid down in this Act, to be formed and registered under Part 16 of the Act of 2014.

(2) The name of the company referred to in subsection (1) shall be Seirbhís Aerloingseoireachta na hÉireann or, in the English language, the Irish Air Navigation Service.

(3) The Minister shall, as soon as is practicable after he or she has complied with subsection (1), by order appoint a day to be the vesting day for the purposes of this Act.

(4) In this section, “DAC limited by shares” has the same meaning as it has in section 963 of the Act of 2014.

11. Alternative or additional names for IANS

11. Notwithstanding section 10, the IANS may, for operational purposes, describe itself by any of the following, whether as an alternative to, or in addition to, any other name by which it may describe itself by virtue of this Act:

(a) Air Nav Ireland;

(b) AirNav Ireland;

(c) ANI.

12. Capital formation

12. (1) The authorised share capital of the IANS shall be such amount as may be determined from time to time by the Minister for Public Expenditure and Reform, after consultation with the Minister, divided into shares of one euro each.

(2) Section 969(1) of the Act of 2014 shall not apply to the IANS.

13. Form of memorandum of association of IANS, etc.

13. The memorandum of association of the IANS and of any subsidiary shall be in such form, consistent with this Act, as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform.

14. Objects of IANS

14. (1) The principal objects of the IANS shall be stated in its memorandum of association to be—

(a) to operate and manage air navigation services in a safe and efficient manner and to facilitate their use,

(b) subject to section 68 of the Act of 1993, to provide, operate and manage, or arrange for the provision, operation and management of, air navigation services in Irish and other airspace,

(c) to such extent as the IANS considers appropriate, to operate and manage terminal services at State aerodromes and licensed aerodromes,

(d) to provide, operate and manage aeronautical communications services in accordance with the agreement set out in the Exchange of Notes between the Government of Ireland and the Government of the United Kingdom relating to the Oceanic Control Centres at Shannon and Prestwick which entered into force on the 1st day of April, 1966, and any agreement, whether made before or after 8 December 1993, amending or replacing that agreement and to provide, operate and manage other aeronautical communications services,

(e) to impose charges for the use of services provided by the IANS,

(f) to advise, on its own initiative or at the request of the Government, the Minister or another Minister of the Government or any other person in relation to any matter to which a function of the IANS relates,

(g) to take such measures as it considers necessary or expedient to give effect to the purposes of—

(i) the Eurocontrol Convention,

(ii) international agreements or conventions to which the State is a party,

in so far as those purposes relate to matters to which functions of the IANS relate,

(h) to attend (by its directors or staff) whether alone or with others, at meetings with, or arranged or organised by, international organisations or governments of other states in so far as the meetings relate to matters to which functions of the IANS relate,

(i) to undertake research and development respecting the environment, and branches of science, in so far as the research and development relates to matters to which functions of the IANS relate, on its own behalf or on behalf of others,

(j) to undertake, or participate with others, including governments of other states, in, activities which are related to matters to which its functions relate, are consistent with its other objects and will, in the opinion of the IANS, enhance its effectiveness and profitability,

(k) to provide, in relation to matters to which its functions relate, such consultancy, advisory and training services in and outside the State as the IANS thinks fit,

(l) to provide aeronautical rescue co-ordination for search and rescue services within the search and rescue region in relation to rescue co-ordination centres, rescue co-ordination sub-centres and joint rescue co-ordination centres established by the State pursuant to Annex 12 to the Chicago Convention, and

(m) to utilise, manage and develop the resources available to it in a manner consistent with the objects set out in paragraphs (a) to (l).

(2) Nothing in this section shall prevent or restrict the inclusion among the objects of the IANS, as stated in its memorandum of association, of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects set out in subsection (1) and are not inconsistent with this Act or with the active promotion of air navigation safety and the orderly development of civil aviation.

(3) Any function conferred on the IANS by or under this Act and which, immediately before the vesting day, was a function of the IAA, shall, upon that day, cease to be a function of the IAA and stand vested in the IANS.

(4) In this section—

“licensed aerodrome” means an aerodrome in respect of which a licence under Article 6 of the Irish Aviation Authority (Aerodromes and Visual Aids) Order 2008 (S.I. No. 355 of 2008) is in force;

“terminal services” has the meaning assigned to it by section 2 of the Act of 1993.

15. Conferral of additional functions on IANS

15. The Minister may, if he or she so thinks fit to do so and after consultation with the IAA and the IANS, by order—

(a) confer on the IANS such additional functions relating to civil aviation and connected with the functions for the time being of the IANS as he or she considers appropriate, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the IANS of functions under this section or the performance by the IANS of functions so conferred.

16. General duty of IANS

16. (1) It shall be the general duty of the IANS—

(a) to conduct its affairs so as to ensure that the revenues of the IANS are not less than sufficient taking one year with another to—

(i) meet all charges and costs which are properly chargeable to its revenue account,

(ii) generate the capital it requires, and

(iii) remunerate its capital and pay interest on and repay its borrowings,

and

(b) to conduct its business at all times in a cost-effective and efficient manner.

(2) Nothing in section 14 or subsection (1) shall be construed as imposing on the IANS, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

(3) (a) The Minister may direct in writing the IANS to pay a dividend to the Exchequer of an amount determined by him or her and the IANS shall comply with the direction (including any period specified in the direction within which the dividend is required to be so paid).

(b) The Minister may give the Board such general directives concerning the financial objectives of the Board as he or she considers appropriate and the Board shall, in performing its functions, have regard to such directives.

17. Articles of association