Air Navigation and Transport Act 2022

• (2) Proceedings in the State for the recovery of a sum due by a person to Eurocontrol may be taken against the person in any court of competent jurisdiction by Eurocontrol, the IANS or the Minister.

Chapter 2 Provisions in relation to the International Civil Aviation Organisation, International Agreements and certain organisations

45. Expenses of international organisations

45. (1) Any sums required for the contribution by the State for membership of or for the organisation and operations of—

• (a) Eurocontrol,

• (b) the European Civil Aviation Conference, or

• (c) any other international organisation specified by the Minister by order after consultation with the IANS whose functions relate to a matter to which a function of the IANS relates,

shall be paid by the Minister out of moneys provided by the Oireachtas.

• (2) The IANS shall pay to the Minister an amount equal to the amount of any payments made by him or her under subsection (1).

46. Attendance of IANS at meetings of or organised by certain international organisations

46. (1) (a) The IANS may attend a meeting of or organised by any of the organisations specified in paragraph (b) in so far as the meeting relates to a matter to which a function of the IANS relates with, in the case of an international organisation specified in paragraph (b)(ii), the consent of the Minister and, if the organisation has functions in addition to those relating to civil aviation, the consent of the Minister for Foreign Affairs.

• (b) The organisations referred to in paragraph (a) are:

• (i) Eurocontrol;

• (ii) any other international organisation of which the State is a member and whose functions relate to a matter to which a function of the IANS relates.

• (2) The IANS may and, if so directed by the Minister, shall attend, as an observer, a meeting of or organised by an international organisation of which the State is not a member if the subject matter of the meeting is or includes a matter to which a function of the IANS relates and such attendance is permitted by the organisation.

• (3) Wherever so requested by the Minister, the IANS shall submit to him or her a report in writing of the proceedings at a meeting referred to in subsection (1) or (2) attended by it or in relation to such matters arising at or relating to such a meeting as the Minister may specify.

47. Indemnification of staff

47. Where the IANS is satisfied that any member of the staff of the IANS has discharged his or her duties pursuant to the functions of the IANS in a bona fide manner, the IANS shall indemnify such member of staff against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.

PART 5 Miscellaneous

48. Offences

48. (1) Without prejudice to subsection (2), if in relation to an aircraft there is a contravention of a provision of this Act or an instrument to which this section applies, the operator of the aircraft (not being the State) and the pilot in command thereof shall be deemed to have contravened the provision or instrument, as the case may be.

• (2) A person who contravenes or is deemed to have contravened an instrument to which this section applies or fails to comply with a condition thereof shall be guilty of an offence.

• (3)
• (a) Paragraph (b) applies to a person guilty of—

• (i) an offence under section 31, 32 or 33, or

• (ii) an offence under subsection (2) (other than such an offence consisting of a contravention of regulations made under section 40(4)).

• (b) The person shall be liable—

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

• (ii) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.

• (4) A person guilty of an offence consisting of a contravention of a regulation made under section 40(4) shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

• (5) A person who obstructs or impedes an officer of Eurocontrol, authorised officer or officer of the IANS in the performance of any function conferred on him or her by or under this Act shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

• (6) In a prosecution of a person for an offence under this Act (other than under section 31, 32 or 33), it shall be a defence for the person to prove that the contravention concerned was due to stress of weather or other unavoidable cause and in a prosecution of the operator or pilot in command of an aircraft for such an offence, it shall be a defence for him or her to prove that the contravention concerned took place without his or her actual default or privity.

• (7) On conviction of a person on indictment for an offence under this Act, the court may, in addition to any other penalty, order any apparatus, equipment or other thing, other than an aircraft, used to commit the offence to be forfeited.

• (8)
• (a) In this section, “an instrument to which this section applies” means—

• (i) an order made under this Act,

• (ii) the ANT Acts in so far as those Acts relate to a matter to which a function of the IANS relates,

• (iii) the Air Navigation (Eurocontrol) Acts 1963 to 1983 in so far as those Acts relate to a matter to which a function of the IANS relates, or

• (iv) a direction or authorisation to aircraft to proceed given under—

• (I) this Act in so far as the direction or authorisation, as the case may be, relates to a matter to which a function of the IANS relates,

• (II) the ANT Acts or an order or regulation made under those Acts in so far as the direction or authorisation, as the case may be, relates to a matter which a function of the IANS relates, or

• (III) the ANT Acts and a certificate, licence or authorisation issued or given under this Act or those Acts in so far as the direction or authorisation, as the case may be, relates to a matter to which a function of the IANS relates.

• (b) The IANS shall not prosecute an offence relating to an authorisation to aircraft to proceed.

• (c) In this subsection, “authorisation to aircraft to proceed” means an authorisation or instruction, whether oral or in writing and by whatever name called given by or on behalf of the IANS to the pilot in charge of an aircraft in relation to the piloting, control or movement of the aircraft or otherwise in relation to the aircraft.

• (9) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

49. Charge of rates on property of IANS

49. Property vested in the IANS on or after the vesting day shall from the commencement of the financial year (within the meaning of section 288 of the Act of 2014) commencing next after the vesting day, be subject to rates chargeable by a local authority (within the meaning of the Local Government Act 2001) in the name of the IANS and not the name of the IAA.

PART 6 Transitional Provisions

50. Continuance of certain instruments

50. (1) An order, regulation, direction, licence, permission, register, registration, certificate, instrument of approval, notice, instruction or other instrument, document or record that was made, given, established, issued or granted under a provision of, or made under, the ANT Acts or the Act of 1993, that relates to a matter to which a function of the IANS relates and that is in force immediately before the vesting day shall, on and after the vesting day, in so far as it so relates, continue in force and may continue to be amended, revoked, cancelled, withdrawn, suspended or endorsed by the IANS.

• (2) References in any enactment or other record or document referred to in subsection (1) to the IAA shall, on and after the vesting day, in so far as the reference relates to a matter to which a function of the IANS relates, be construed as a reference to the IANS.

51. Continuance of pending legal proceedings

51. Any legal proceedings relating to a matter to which a function of the IANS relates and pending immediately before the vesting day to which the IAA, the Minister, any other State authority or the State is a party shall be continued with the substitution in the proceedings, in so far as they so relate, for any such party of the IANS.

52. Transfer of land

52. (1) (a) On the vesting day such land which, immediately before that day, was vested in the IAA, the Minister, the Minister for Public Expenditure and Reform or the Commissioners as may be designated by the Minister for the purposes of this section with the consent of the Minister for Public Expenditure and Reform and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, but subject to subsection (2), stand vested in the IANS for all the estate or interest for which, immediately before the vesting day, it was vested in the IAA, the Minister, the Minister for Public Expenditure and Reform or the Commissioners, as the case may be, but subject to all trusts and equities affecting the land subsisting and capable of being performed.

• (b) On such day after the vesting day, but not more than one year thereafter, as may be specified by the Minister with the consent of the Minister for Public Expenditure and Reform, such land vested in the IAA, the Minister, the Minister for Public Expenditure and Reform or the Commissioners as may be designated by the Minister for the purposes of this section with the consent of the Minister for Public Expenditure and Reform and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, but subject to subsection (2), stand vested in the IANS for all the estate or interest for which, immediately before the day so specified, it was vested in the IAA, the Minister, the Minister for Public Expenditure and Reform or the Commissioners, as the case may be, but subject to all trusts and equities affecting the land subsisting and capable of being performed.

• (2) Subsection (1) shall not operate to vest in the IANS any minerals or any rights of mining or taking minerals, or any foreshore, within the meaning of the Foreshore Act 1933.

• (3) Where, immediately before the vesting day, land vested in the IAA, the Minister, the Minister for Public Expenditure and Reform or the Commissioners was being used for the purpose of a function of the IAA corresponding to a function of the IANS, the IAA, the Minister, the Minister for Public Expenditure and Reform or the Commissioners, as the case may be, may, upon and subject to such terms and conditions as the IAA, the Minister, the Minister for Public Expenditure and Reform or the Commissioners, as the case may be, determine, lease or let the land to, or license its use by, the IANS or a subsidiary.

• (4) This section shall not operate to vest in the IANS any rights or interests in relation to sovereign airspace.

• (5) In this section, “Commissioners” means the Commissioners of Public Works in Ireland.

53. Transfer of other property

53. (1) On the vesting day all property other than land, including choses-in-action, which, immediately before that day, was the property of the IAA and was used in connection with a function of the IAA corresponding to a function of the IANS shall stand vested in the IANS without any assignment.

• (2) The Minister may on his or her own initiative and shall on the application of the IANS issue a certificate in respect of specified property stating, as he or she thinks proper, that the property vested in the IANS under this section or did not so vest and the certificate shall be conclusive evidence of the facts so stated.

• (3) Every chose-in-action transferred by subsection (1) to the IANS may, after the vesting day, be sued on, recovered or enforced by the IANS in its own name and it shall not be necessary for the IANS, the IAA or the Minister to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

54. Transfer of rights and liabilities

54. (1) Subject to sections 55 and 56, all rights and liabilities of the IAA arising by virtue of any contract or commitment (expressed or implied) entered into by the IAA before the vesting day in relation to a function of the IAA corresponding to a function of the IANS shall on that day stand transferred to the IANS.

• (2) The Minister may on his or her own initiative and shall on the application of the IANS issue a certificate in respect of a specified contract or commitment stating, as he or she thinks proper, that the rights and liabilities of the IAA thereunder were transferred on the vesting day to the IANS under this section or were not so transferred and the certificate shall be conclusive evidence of the facts so certified.

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

55. Transitional financial provisions

55. (1) The IANS shall pay to or in respect of every member of the staff of the IAA transferred to the staff of the IANS under this Act any amount due to or in respect of that staff member in respect of service as a staff member and unpaid on the vesting day and the IANS shall, with the consent of the Minister and the Minister for Public Expenditure and Reform, be reimbursed by the IAA in respect of any such payments (other than payments made in respect of untaken leave).

• (2) The IANS may pay any amounts owed by the IAA for goods and services provided to the IAA in the performance of a function of the IAA corresponding to a function of the IANS, and unpaid on the vesting day, and the IANS shall, with the consent of the Minister and the Minister for Public Expenditure and Reform, be reimbursed by the IAA in respect of any such payments.

• (3) The IAA shall, with the consent of the Minister and the Minister for Public Expenditure and Reform, pay to the IANS an amount equal to the amount of any advance payments received by the IAA before the vesting day in respect of goods or services to be provided by the IANS on or after the vesting day less the amount of any costs incurred by the IAA in collecting such payments.

• (4) The IANS shall collect any amount due to the IAA after the vesting day in respect of goods or services provided by the IAA before the vesting day in the performance of a function of the IAA corresponding to a function of the IANS and, for the purposes of this provision, any such amount shall be deemed to be a simple contract debt due to the IANS that may be recovered by the IANS in any court of competent jurisdiction; and the IANS shall pay to the IAA an amount equal to the amount of any sum collected or recovered by it under this provision less the amount of any costs incurred by it in collecting or recovering the amount.

• (5) Where any payments fall to be made by the IANS in respect of overpayments made to the IAA for goods and services provided by the IAA before the vesting day in the performance of a function of the IAA corresponding to a function of the IANS, the IAA shall pay to the IANS an amount equal to the amount of the first-mentioned payments.

• (6) All sums required to be paid under this section shall become due and payable on such date or dates as the Minister, in consultation with the IAA and the IANS and with the consent of the Minister for Public Expenditure and Reform, may determine.

• (7) The IANS shall give to the IAA such records or other information as the IAA may require for the purposes of this section and the IAA or its officers may inspect and take copies of or of extracts from all relevant records of the IANS.

• (8) The IAA shall give to the IANS such records or other information as the IANS may require for the purposes of this section and the IANS or its officers may inspect and take copies of or of extracts from all relevant records held by the IAA, the Minister, his or her Department of the Government or other State authorities.

• (9) In the event of a disagreement as to any amount to be paid by the IAA to the IANS or by the IANS to the IAA under this section, the decision of the Minister, given with the consent of the Minister for Public Expenditure and Reform, shall be final.

56. Liability for loss occurring before vesting day

56. (1) Subject to subsection (2), where a claim in respect of any loss, injury or damage arising out of the exercise before the vesting day of functions transferred to the IANS by or under this Act has not been made before that day or, if so made, has not been satisfied or otherwise disposed of, the claim shall, after that day, lie against the IANS and not against the IAA, the Minister, any other State authority or the State.

• (2) Subsection (1) shall not apply in relation to a loss or an injury or damage referred to in that subsection if there is in force a policy of insurance under which the IAA is insured against any sum it is liable to pay by way of damages or costs in respect of the loss, injury or damage.

• (3) Where, before the vesting day, agreement in settlement of a claim to which subsection (1) relates has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the person making the claim and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable against the IAA, the Minister, any other State authority or the State, be enforceable against the IANS and not against the IAA, the Minister, any other State authority or the State.

• (4) Any claim made or proper to be made by the IAA, the Minister, any other State authority or the State in respect of any loss, injury or damage arising from the act or default of any person before the vesting day shall, where the claim relates to functions assigned to the IANS by or under this Act or any other enactment, be regarded as made by or proper to be made by the IANS and may be pursued and sued for by the IANS as if the loss, injury or damage had been suffered by the IANS.

• (5) Where, before the vesting day, settlement of a claim to which subsection (4) relates has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the IAA, the Minister, any other State authority or the State and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable by the IAA, the Minister, any other State authority or the State, be enforceable by the IANS.

• (6) This section shall not apply to a claim by one State authority against another.

• (7) The IAA shall pay to the IANS a sum equal to the amount of any payment made by the IANS in respect of a claim referred to in subsection (1) or (3) including any payment in respect of costs necessarily incurred in relation to the claim by any party.

PART 7 Amendment of Irish Aviation Authority Act 1993

57. Amendment of section 2 of Act of 1993

57. Section 2 of the Act of 1993 is amended, in subsection (1)—

• (a) by the substitution of the following definition for the definition of “authorised officer”:

“‘authorised officer’ means a person authorised, or deemed to be authorised, under section 63B(1) to perform the functions conferred on authorised officers by or under this Act or the Air Navigation and Transport Act 2022;”,

• (b) by the substitution of the following definition for the definition of “authorised officer of the company”:

“‘authorised officer of the company’ means a person referred to in the definition of ‘authorised officer’ authorised in writing by the company to perform the functions conferred on authorised officers of the company by or under this Act or the Air Navigation and Transport Act 2022;”,

• (c) by the substitution of the following definition for the definition of “record”:

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

• (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 or drawing,

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;”,

and

• (d) by the insertion of the following definitions:

“‘electronic device’ includes any device that uses 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;

‘Irish Coast Guard’ means that part of the Department of Transport that is known by that name;”.

58. Amendment of section 14 of Act of 1993

58. Section 14 of the Act of 1993 is amended—

• (a) in subsection (1)(a), by the substitution of “Schedule 1” for “the Schedule”, and

• (b) by the substitution of the following subsections for subsection (6):

• “(6)

  • (a) For the avoidance of doubt, the reference to ‘(including making regulations)’ in subsection (3) includes making regulations that apply to the Irish Coast Guard.

  • (b) The company shall consult with the Irish Coast Guard before it makes regulations that apply to the Irish Coast Guard.

  • (c) The company shall, in making regulations that apply to the Irish Coast Guard, have regard to—

    • (i) the public benefit of the Irish Coast Guard,

    • (ii) the need to balance safety regulation with the need to provide effective emergency aviation responses to medical emergencies, accidents and serious incidents within the State,

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

    • (iv) any regulations made under section 69A.”.

59. Amendment of section 16 of Act of 1993

59. Section 16 of the Act of 1993 is amended by the insertion of the following subsection after subsection (1):

• “(1A)

  • (a) It shall be the duty of the company to provide such assistance and advice as the Minister may require it to provide for the Minister or any other person in connection with any of the Minister’s functions relating to civil aviation.

  • (b) A requirement under paragraph (a) may be expressed as a continuing requirement in relation to a type of assistance or advice specified in the requirement.

  • (c) It shall be the duty of the company to give the Minister such information as the Minister may specify and the company has or can reasonably be expected to obtain with respect to such matters relating to it or to civil aviation as the Minister may specify.

  • (d) It shall be the duty of the company to permit the Minister to have access to all documents which are under its control and relate to matters specified pursuant to paragraph (a), (b) or (c).

  • (e) The company shall be entitled to recover expenses reasonably incurred by it in providing assistance or advice to the Minister pursuant to this subsection.”.

60. Amendment of section 17 of Act of 1993

60. Section 17 of the Act of 1993 is amended—

• (a) in subsection (2)—

• (i) by the substitution of “Subject to subsection (3), the articles” for “The articles”,

• (ii) in paragraph (a), by the substitution of “7, 8 or 9” for “9”,

• (iii) in paragraph (c)(i), by the substitution of “not more than 5 years” for “4 years”, and

• (iv) by the deletion of paragraph (f),

and

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

• “(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 65 of the Air Navigation and Transport Act 2022 but, in any case, not later than 6 months after that commencement, and

• (b) thereafter, not earlier than 6 months before and not later than 6 months later than each subsequent period of 3 years following the laying before each House of the Oireachtas in accordance with subsection (4) of the 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,

  • (c) have regard to the need to ensure the most beneficial, effective and efficient use of the company’s 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,

  • (c) the State Plan for Aviation Safety prepared pursuant to Article 8 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 2018¹ 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;

• (c) property, real or personal, sold, hired or leased 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,

• (c) an officer of customs, or

• (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;

  • (c) any person responsible for the carriage of passengers, mail or freight by air;

  • (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 2014² 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.

• (c) The company shall publish on the company’s website a report on the results of 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 2012³ 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: