Air Navigation and Transport Act 2022

Type Act

Publication 2022-12-07

Last updated 2023-07-20

State In force

Source Irish Statute Book

articles 118

“(3) Paragraphs (a) and (b) of subsection (2) shall not apply to a director of the company who is such director by virtue of section 38(6).”.

61. Amendment of section 23 of Act of 1993

61. Section 23 of the Act of 1993 is amended—

(a) in subsection (1), by the deletion of “for the purpose of compliance with so much of the Companies Acts, 1963 to 1990, as requires that there shall always be a minimum number of members of the company,”, and

(b) by the deletion of subsection (2).

62. Amendment of section 26 of Act of 1993

62. Section 26 of the Act of 1993 is amended, in subsection (1), by the substitution of the following paragraph for paragraph (b):

“(b) The aggregate at any time of borrowings under paragraph (a) shall not exceed—

(i) such amount as the Minister has, with the consent of the Minister for Public Expenditure and Reform, specified by order, or

(ii) if no such amount stands so specified, €40 million.”.

63. Amendment of section 27 of Act of 1993

63. Section 27 of Act of 1993 is amended, in subsection (2), by the substitution of the following for “exceeds £80 million.”:

“exceeds—

(a) such amount as the Minister has, with the consent of the Minister for Public Expenditure and Reform, specified by order, or

(b) if no such amount stands so specified, €32 million.”.

64. Advances and grants by Minister to company

64. The Act of 1993 is amended by the insertion of the following section after section 28:

“28A. (1) The Minister may, from time to time, with the consent of the Minister for Public Expenditure and Reform, advance or grant to the company out of moneys provided by the Oireachtas such sums as the Minister may determine for the purposes of expenditure by the company in the performance of its functions.

(2) The sums to be advanced or granted under subsection (1) shall be expended solely for the purpose and exercise of the functions conferred on the company by this Act or as the Minister may direct.

(3) The company shall pay to the Minister, on every sum advanced to it under this section, 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.”.

65. Amendments of Act of 1993 - insertion of new sections 29A and 29B

65. The Act of 1993 is amended by the insertion of the following sections after section 29:

“Statement of strategy

29A. (1) Subject to subsection (2), the company shall—

(a) as soon as is practicable after the commencement of section 65of 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 first statement of strategy,

prepare and submit to the Minister for the Minister’s approval a statement of strategy for the company 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 company for performing its functions under this Act during the period to which the statement relates, including the use of resources,

(d) identify the relevant performance indicators (financial and non-financial) and specify the manner in which the company 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 company shall consult with stakeholders and may consult with any other 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 company 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.

Business plan

29B. (1) Subject to subsections (2) and (3), the company 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 company for the period to which the business plan relates,

(b) contain estimates of the number of—

(i) employees of company, and

(ii) staff members of the company who are not employees of the company,

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 company.

(3) The company shall, in preparing the business plan, have regard to the statement of strategy in operation at that time as approved under section 29A.”.

66. Accounts and audits

66. The Act of 1993 is amended by the substitution of the following section for section 30:

“30. (1) Without prejudice to the requirements of the Companies Act 2014, the company shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts and shall also keep in such form all such special accounts as the Minister may from time to time direct.

(2) Accounts kept pursuant to this section shall be submitted annually by the company to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts so audited and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

(3) A subsidiary of the company may, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform following prior consultation by the Minister with the Comptroller and Auditor General, appoint a statutory auditor or statutory audit firm to be a statutory auditor of the subsidiary for the purposes of, and in accordance with, the Companies Act 2014.

(4) In this section, ‘statutory auditor’ and ‘statutory audit firm’ each has the same meaning as it has in the Companies Act 2014.”.

67. Amendment of section 32 of Act of 1993

67. Section 32 of the Act of 1993 is amended, in subsection (3)—

(a) by the substitution of the following paragraphs for paragraph (a):

“(a) (i) Subject to paragraph (aa), the Minister shall, at least once in the period of 3 years beginning on the relevant day and in each subsequent period of 3 years beginning on the expiration of the last previous period, appoint a person to carry out an examination of the performance by the company of its functions in so far as they relate to the application and enforcement of technical and safety standards in relation to aircraft and air navigation and to report in writing to the Minister the results of the examination.

(ii) In subparagraph (i), ‘relevant day’ means the last day on which a report under this subsection was submitted to the Government and the company before the commencement of section 67 of the Air Navigation and Transport Act 2022.

(aa) The Minister may make regulations to specify any of the following:

(i) any aspect of the company’s performance of its functions which shall be the subject of an examination referred to in paragraph (a);

(ii) the scope of such examination;

(iii) the form and manner of the report under paragraph (a).

(ab) Regulations made under paragraph (aa) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.”,

and

(b) by the insertion of the following paragraph after paragraph (b):

“(bb) The Minister shall cause a copy of the report under paragraph (a) to be published on a website of the Government.”.

68. Annual aviation safety performance statements

68. The Act of 1993 is amended by the insertion of the following section after section 32:

“32A. (1) The company shall, not later than 30 April in each year commencing from 2022, prepare and submit to the Minister a statement relating to its performance in regulating aviation safety (in this section called an ‘aviation safety performance statement’).

(2) An aviation safety performance statement shall be in 2 parts as follows:

(a) details, including the aims and objectives, of regulatory activity planned for the current year (in this subsection called a ‘regulatory performance plan’);

(b) a review of the company’s regulatory performance during the preceding year having regard to the regulatory performance plan for that year and any other relevant matters.

(3) The review of the company’s regulatory performance required by subsection (2)(b) shall include details of the activities carried out during the relevant year and the outcome and follow up from external oversight in relation to—

(a) the European Aviation Safety Programme referred to in Article 5 of the EASA Basic Regulation,

(b) the safety programme established and maintained by the State pursuant to Article 7 of the EASA Basic Regulation,

(d) the annual review of aviation safety performance in the State prepared by the company, and

(e) the Universal Safety Oversight Audit Programme of the International Civil Aviation Organization.

(4) An aviation safety performance statement shall be in the form, and relate to the matters, that the Minister directs.

(5) The Minister shall, within one month after receiving an aviation safety performance statement, lay it before each House of the Oireachtas.

(6) In this section, ‘EASA Basic Regulation’ means Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018^1 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91.”.

69. Amendment of section 38 of Act of 1993

69. Section 38 of the Act of 1993 is amended—

(a) by the substitution of the following subsections for subsections (2) to (4):

“(2) The first Chief Executive appointed after the commencement of section 69 of the Air Navigation and Transport Act 2022 shall be appointed by the Minister for a period not exceeding 7 years and may, after consultation with the directors of the company, be removed from office by the Minister.

(3) Each subsequent Chief Executive shall be appointed by the Minister, after consultation with the directors of the company, for a period not exceeding 7 years and may, after consultation with such directors, be removed from office by the Minister.”,

and

(b) by the insertion of the following subsection after subsection (6):

“(7) Each Chief Executive appointed after the commencement referred to in subsection (2) shall be ex officio a director of the company.”.

70. Remuneration, etc., of staff

70. The Act of 1993 is amended by the substitution of the following section for section 39:

“39. (1) The company may 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 company shall, in determining the remuneration or allowances for expenses to be paid to members of its staff or the other terms or conditions subject to which such members hold or are to hold their employment, have regard to Government or nationally agreed guidelines which are for the time being extant or to Government policy concerning remuneration and conditions of employment which is so extant.

(3) The company shall, in addition to complying with subsection (2), comply with any directives with regard to such remuneration, allowances, terms or conditions referred to in that subsection which the Minister may give to the company with the consent of the Minister for Public Expenditure and Reform.

(4) The company shall submit to the Minister, on an annual basis, a three‑year workforce plan that sets out forecast staffing levels for the organisation, as approved by the company.”.

71. Other charges by company

71. The Act of 1993 is amended by the substitution of the following section for section 44:

“44. (1) The company may charge such amounts as it considers appropriate in respect of any of the following:

(a) the performance by it of its functions under this Act or any other enactment;

(b) services provided by it to other persons;

(2) The company may charge such amounts as it considers appropriate in respect of any functions performed by it pursuant to any European Union Regulations listed in Schedule 2.

(3) Any amount due by a person to the company in respect of a charge under this section may be recovered by the company from the person as a simple contract debt in any court of competent jurisdiction.

(4) Regulations made under section 23 of the Aviation Regulation Act 2001 and in force immediately before the commencement of section 8(2) of the Air Navigation and Transport Act 2022 shall continue in force on and after that commencement as if—

(a) references in that section to the Commission for Aviation Regulation were references to the company, and

(b) references in those Regulations to such Commission included references to the company,

and subsection (5) shall be construed accordingly.

(5) The company may, by regulations made under section 23 of the Aviation Regulation Act 2001, revoke regulations referred to in subsection (4), whether in whole or in part, to take account of when a charge under this section supersedes a levy under that section.”.

72. Amendment of Act of 1993 - substitution of section 58

72. The Act of 1993 is amended by the substitution of the following sections for section 58:

“Schedule 1 - Annexes to Chicago Convention

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

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

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

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

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

Schedule 2 - European Union Regulations

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

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

(3) Without prejudice to the European Communities Act 1972, the Minister may by order amend Schedule 2—

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

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

73. Amendment of section 59 of Act of 1993

73. Section 59 of the Act of 1993 is amended by the substitution of “Schedule 1” for “the Schedule”.

74. Amendment of section 60 of Act of 1993

74. Section 60 of the Act of 1993 is amended—

(a) in subsection (1)—

(i) in paragraph (a), by the substitution of “Schedule 1” for “the Schedule”, and

(ii) in paragraph (j), by the substitution of the following subparagraph for subparagraph (i):

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

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

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

(III) functions under an Annexe referred to in paragraph (a), and,”,

and

(b) by the insertion of the following subsection after subsection (2):

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

75. Amendment of Act of 1993 - insertion of new Part IVA

75. The Act of 1993 is amended by the insertion of the following Part after Part IV:

“PART IVA

Enforcement

Definitions - Part IVA

63A. In this Part—

‘relevant person’ means—

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

(b) an officer of the Minister,

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

‘relevant provision’ means a provision of—

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

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

Appointment of authorised officers

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

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

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

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

Powers of authorised officers

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

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

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

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

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

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

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

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

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

(2) This section applies to the following persons:

(a) an airport authority;

(b) an air navigation service provider;

(d) a supplier of ground handling services;

(e) a tour operator or a travel agent;

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

(g) an aerodrome operator;

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

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

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

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

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

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

Search warrants

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

Indemnification

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

Fixed charge offences

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) the payment—

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

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

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

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

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

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

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

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

(a) different fixed charge offences;

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

76. Aviation Stakeholders Forum and Licence Holders Charter

76. The Act of 1993 is amended by the insertion of the following section after section 65:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) In this section, ‘Forum’ means the Aviation Stakeholders Forum referred to in subsection (1).”.

77. Crew peer support programmes

77. The Act of 1993 is amended by the insertion of the following section after section 65:

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

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

(d) A review shall consider the following:

(i) the use of the programme by pilots;

(ii) the pilots’ perception of the programme;

(iii) the protection of confidentiality;

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

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

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

(vii) the process for returning to work;

(viii) resourcing;

(ix) accessibility, including online access;

(x) the selection and training of peers;

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

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

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

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

(4) In this section—

‘programme’ means a crew peer support programme referred to in subsection (1)(a);

‘review’ means a review referred to in subsection (1)(a).”.

78. Amendment of section 67 of Act of 1993

78. Section 67 of the Act of 1993 is amended, in paragraph (d), by the substitution of “Schedule 1” for “the Schedule”.

79. Regulations may be made to give effect to certain provisions of EASA Basic Regulation

79. The Act of 1993 is amended by the insertion of the following section after section 69:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) In this section ‘EASA Basic Regulation’ has the meaning assigned to it by section 32A(6).”.

80. Accountability of company, etc., to Committees of Oireachtas

80. The Act of 1993 is amended by the insertion of the following section after section 71:

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

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

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

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

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

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

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

(i) attend before that Committee, and

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

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

(i) appear before the Committee, and

(ii) provide the Committee with such information relating to the aviation safety performance statement referred to in section 32A as the Committee requires.

(4) In this section, ‘relevant officer’ means an officer of the company nominated by the company for the purposes of one or more of subsections (1) to (3).”.

81. Amendment of section 72 of Act of 1993

81. Section 72 of the Act of 1993 is amended, in subsection (4)(b), by the substitution of “Schedule 1” for “the Schedule”.

82. Amendment of Act of 1993 - insertion of new sections 74A to 74D

82. The Act of 1993 is amended by the insertion of the following sections after section 74:

“Definitions - sections 74B to 74D

74A. In sections 74B to 74D—

‘enforcement notice’ means a notice under section 74B(2);

‘IAA’ means the company referred to in section 11;

‘IANS’ means the company referred to in section 10 of the Air Navigation and Transport Act 2022;

‘relevant provision’ means a provision of—

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

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

Issue of enforcement notices

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

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

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

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

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

(a) stating the relevant opinion,

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

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

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

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

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

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

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

(a) may—

(i) make the order sought,

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

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

(b) may dismiss the application,

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

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

Application for cancellation of direction specified in enforcement notice

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

(a) cancel the direction,

(b) confirm the direction, or

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

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

Rules of court

74D. Rules of court may make provision for the expedition of the hearing of proceedings under sections 74B and 74C.”.

83. Substitution of Schedule to Act of 1993

83. The Act of 1993 is amended by the substitution of the text set out in Schedule 2 for the Schedule to that Act.

84. Amendment of Act of 1993 - insertion of Schedule

84. The Act of 1993 is amended by the insertion of the text set out in Schedule 3 as Schedule 2 to that Act.

PART 8 Restructuring of IAA - supplementary provisions

85. Definitions - Part 8

85. In this Part—

“assets” includes any property (real or personal), subsidiaries (within the meaning of section 7 of the Act of 2014) and any direct or indirect shareholdings of the IAA or of any such subsidiaries;

“restructuring” means the doing of all things as are necessary or convenient for the purposes of giving effect to the other Parts of this Act in providing for full legal autonomy and independence in each of the IAA and the IANS.

86. Restructuring of IAA

86. (1) Subject to Chapter 7 of Part 3 of the Act of 2014, the transfer of assets, liabilities, contracts, rights, obligations and other things necessary to give effect to the restructuring shall, as soon as possible with effect from the vesting day, be effected by the IAA or by the Minister under subsection (2), or by a combination of both.

(2) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order or orders, provide for the doing of all such matters as the first-mentioned Minister believes necessary to give effect to the restructuring.

(3) An order under subsection (2) may contain such provisions as the Minister considers necessary, including provisions dealing with assets, liabilities, contracts, rights, obligations and other things and provisions specifying the manner, the order in which and the effect of any transfer or transaction relating to such assets, liabilities, contracts, rights, obligations and other things.

(4) The IAA may, with the consent of the Minister, or shall, at the Minister’s direction, enter into such arrangements with the IANS (including the terms and conditions upon which such arrangements may be entered into) for the purposes of effecting the restructuring and enabling the IANS to perform its functions under this Act.

(5) The Minister may also give a direction prohibiting the IAA and the IANS from dealing with specified assets in a manner contrary to the direction.

(6) In addition to section 7 of the Act of 1993, the Minister may give a direction to the IAA or the IANS in relation to any matter relating to or in anticipation of the restructuring.

(7) The IAA, the Commission for Aviation Regulation and the IANS shall provide to the Minister all such information and other assistance as the Minister may require for the purposes of or in connection with the restructuring.

(8) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on the IAA and the IANS such additional functions connected with the restructuring as he or she thinks fit, subject to such conditions (if any) as may be specified in the order.

(9) An order under subsection (8) may contain such incidental or supplementary provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.

87. Amendment of section 13 of Act of 1998

87. Section 13 of the Act of 1998 is amended by—

(a) the substitution of the following subsection for subsection (5):

“(5) The aggregate at any one time of moneys borrowed under this section shall not exceed—

(a) in the case of daa and any of its subsidiaries, from the Dublin appointed day, €5 billion, and

(b) in the case of Cork Airport Authority and any of its subsidiaries, from the Cork appointed day, €100 million.”,

and

(b) by the deletion of subsection (6).

PART 10 Amendment of Aviation Regulation Act 2001, etc.

88. Definition - Part 10

88. In this Part, “Act of 2001” means the Aviation Regulation Act 2001.

89. Amendment of Act of 2001

89. The Act of 2001 is amended by the substitution of “Regulations of 2011” for “European Communities (Dublin Airport Charges) Regulations 2011” in each place where it occurs in sections 8A and 32(2).

90. Amendment of section 2 of Act of 2001

90. Section 2 of the Act of 2001 is amended, in subsection (1)—

(a) by the deletion of the definition of “terminal services”, and

(b) by the insertion of the following definitions:

“‘Regulations of 2011’ means the European Communities (Dublin Airport Charges) Regulations 2011 (S.I. No. 116 of 2011);

‘statement of strategy’ means a statement of strategy prepared and submitted under section 27A;”.

91. Amendment of section 7 of Act of 2001

91. Section 7 of the Act of 2001 is amended by the deletion of “and aviation terminal services charges”.

92. Commission to review market power of airport authorities

92. The Act of 2001 is amended by the insertion of the following section after section 8A:

“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).”.

93. Amendment of section 10 of Act of 2001

93. Section 10 of the Act of 2001 is amended—

(a) in subsection (1), by the deletion of “in the exercise of its functions”, and

(b) by the insertion of the following subsection after subsection (2):

“(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.”.

94. Amendment of section 17 of Act of 2001

94. Section 17 of the Act of 2001 is amended, in subsection (7), in the definition of “interests”, in paragraph (a), by the deletion of subparagraph (iii).

95. Amendment of section 26 of Act of 2001

95. Section 26 of the Act of 2001 is amended, in paragraph (c), by the insertion of “and its implementation of the current strategy statement,” after “the performance of its functions”.

96. Amendment of section 27 of Act of 2001

96. Section 27 of the Act of 2001 is amended, in subsection (2), by the deletion of “(including statements of strategy)”.

97. Amendment of Act of 2001 - insertion of new sections 27A and 27B

97. The Act of 2001 is amended by the insertion of the following sections after section 27:

“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

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,

(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.

(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.

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.”.

98. Amendment of section 32 of Act of 2001

98. Section 32 of the Act of 2001 is amended, in subsection (14)—

(a) in paragraph (a), by the insertion of “or extend the period referred to in subsection (5)(a) by not more than 2 years” after “amend the determination”, and

(b) in paragraph (b), by the insertion of “, or as extended under paragraph (a)” after “referred to in subsection (5)(a)”.

99. Amendment of section 33 of Act of 2001

99. Section 33 of the Act of 2001 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(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,

(d) take account of the policies of the Government on aviation, climate change and sustainable development.”,

and

(b) in subsection (2), by—

(i) the deletion of paragraph (e),

(ii) the deletion, in paragraph (h), of “and”,

(iii) the substitution, in paragraph (i), of “daa, and” for “daa.”, and

(iv) the insertion of the following paragraph after paragraph (i):

“(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.”.

100. Minister may review regulation of airport charges by Commission

100. The Act of 2001 is amended by the insertion of the following section after section 33:

“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,

(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.”.

101. Appeal to High Court

101. The Act of 2001 is amended by the insertion of the following section after section 39:

“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;

(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).”.

102. Amendment of section 42 of Act of 2001

102. Section 42 of the Act of 2001 is amended, in subsection (4), by the deletion of paragraph (b).

103. Amendment of section 45A of Act of 2001

103. Section 45A of the Act of 2001 is amended by the insertion of the following subsection after subsection (2):

“(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.”.

104. Directions - Regulations of 2011

104. The Act of 2001 is amended by the insertion of the following section after section 45A:

“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;

(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.”.

105. Repeals and savings

105. (1) Sections 35, 36, 38 and 40 of the Act of 2001 are repealed.

(2) Notwithstanding subsection (1), section 40 of the Act of 2001 shall continue to apply where—

(a) the determination referred to in section 40(1) of the Act of 2001 was made prior to the commencement of this section, and

(b) a request is made under section 40(2) of the Act of 2001 in respect of that determination in accordance with subsection (2A) of that section.

(3) Where a person may appeal against a determination under section 40 of the Act of 2001, that person shall not be entitled to appeal against the determination under section 39A of the Act of 2001.

PART 11 Dissolution of Commission for Aviation Regulation

106. Definitions - Part 11

106. In this Part—

“Commission” means the Commission for Aviation Regulation;

“dissolution day” means the day appointed under section 107.

107. Dissolution day

107. The Minister shall, by order, appoint a day to be the dissolution day for the purposes of this Part.

108. Dissolution of Commission

108. (1) The Commission is dissolved.

(2) This section shall come into operation on the dissolution day.

109. Transfer of functions to IAA

109. (1) All functions that, immediately before the dissolution day, were vested in the Commission are transferred to the IAA.

(2) References in any enactment passed before the dissolution day, or in any instrument made before that day under an enactment, to the Commission shall, on and after that day, be construed as references to the IAA.

(3) This section shall come into operation on the dissolution day.

110. Transfer of staff of Commission to IAA

110. (1) Every person who is a member of the Commission or member of the staff of the Commission immediately before the dissolution day shall, on that day, be transferred to and become a member of the staff of the IAA.

(2) Except in accordance with a collective agreement negotiated with any recognised trade unions and staff associations concerned, a person referred to in subsection (1) shall not, while in the service of the IAA, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the dissolution day.

(3) In relation to persons transferred to the IAA under subsection (1) previous service with the Commission shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following enactments:

(a) the Redundancy Payments Acts 1967 to 2014;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(d) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(e) the Unfair Dismissals Acts 1977 to 2015;

(f) the Terms of Employment (Information) Acts 1994 to 2014;

(g) the Organisation of Working Time Act 1997;

(h) the Parental Leave Acts 1998 and 2019;

(i) the Carer’s Leave Act 2001;

(j) the Maternity Protection Acts 1994 and 2004;

(k) the Adoptive Leave Acts 1995 and 2005;

(l) the Paternity Leave and Benefit Act 2016.

111. Transfer of land and other property of Commission

111. (1) On the dissolution day, all lands that, immediately before that day, were vested in the Commission and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the IAA for all the estate or interest therein that, immediately before the dissolution day, were vested in the Commission, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.

(2) On the dissolution day, all property (other than land), including choses-in-action, that immediately before that day, was vested in the Commission shall stand vested in the IAA without any assignment.

(3) Every chose-in-action vested in the IAA by virtue of subsection (2) may, on and from the dissolution day, be sued on, recovered or enforced by the IAA in its own name, and it shall not be necessary for the IAA, or the Commission, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

112. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by Commission

112. (1) All rights and liabilities of the Commission arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day shall, on that day, stand transferred to the IAA.

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

(3) Every lease, licence, wayleave or permission granted by the Commission in relation to land or other property vested in the IAA by or under this Act, and in force immediately before the dissolution day, shall continue in force as if granted by the IAA.

113. Liability for loss occurring before dissolution day

113. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the Commission shall, on and after that day, lie against the IAA and not against the Commission.

(2) Any legal proceedings pending immediately before the dissolution day to which the Commission is a party shall be continued, with the substitution in the proceedings of the IAA for the Commission.

(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the Commission, be enforceable against the IAA and not the Commission.

(4) Any claim made or proper to be made by the Commission in respect of any loss or injury arising from the act or default of any person before the dissolution day shall be regarded as having been made by or properly made by the IAA and may be pursued and sued for by the IAA as if the loss or injury had been suffered by the IAA.

114. Provisions consequent upon transfer of functions, assets and liabilities to IAA

114. (1) Anything commenced and not completed before the dissolution day by or under the authority of the Commission may be carried on or completed on or after that day by the IAA.

(2) Every instrument made under an enactment and every document (including any certificate) granted or made by the Commission shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made, as the case may be by the IAA.

(3) Any money, stocks, shares, securities or sureties transferred by section 111 or that, immediately before the dissolution day, were standing in the name of the Commission shall, on the request of the IAA, be transferred into its name.

(4) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the IAA under section 111 or 112 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

115. Saving for certain acts

115. Nothing in this Part affects the validity of any act done before the dissolution day by or under the authority of the Commission and every such act shall, if and in so far as it was operative immediately before that day, have effect on and after that day as if it had been done by or on behalf of the IAA.

116. Final accounts and final annual report of Commission

116. (1) The IAA shall, in respect of the period that the Minister may specify, which may be a period that is longer or shorter than a financial year of the Commission, prepare final accounts of the Commission.

(2) The IAA shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after the dissolution day.

(3) The IAA shall prepare a final annual report for the Commission and submit the report to the Minister not later than 6 months after the dissolution day.

(4) Section 26 of the Aviation Regulation Act 2001 shall apply, with all necessary modifications, in relation to final accounts and an annual report prepared under this section.

117. Continuation in force of Commission superannuation schemes or arrangements

117. (1) Every scheme or arrangement in relation to superannuation administered by the Commission immediately before the dissolution day shall, on that day, continue in force as if made by the IAA.

(2) 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 dissolution day by the Commission shall, upon the dissolution day, stand transferred to the IAA.

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

(4) This section shall not apply to—

(a) the Single Public Service Pension Scheme, or

(b) a person who is a member of that Scheme.

118. Superannuation schemes or arrangements in relation to members of Commission or staff to whom section 117 does not apply

118. (1) The IAA shall, as soon as is practicable after the commencement of this section but, in any case, before the dissolution day, make the relevant scheme or arrangement.

(2) The relevant persons shall, on the dissolution day and by virtue of this section, become members of the relevant scheme or arrangement.

(3) In this section—

“relevant persons” means the members of the Commission and members of the staff of the Commission who stand transferred to the IAA under section 110 as members of the staff of the IAA and who were not members of a scheme or arrangement referred to in section 117(1) immediately before the dissolution day;

“relevant scheme or arrangement” means a scheme or arrangement referred to in section 41 of the Act of 1993 made before the dissolution day for the purposes of relevant persons becoming members of such scheme or arrangement on that day and containing terms and conditions in relation to superannuation no less favourable to relevant persons than those terms and conditions in relation to superannuation to which they were entitled immediately before that day.

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