S.I. No. 560/1935 - Air Navigation (International Lines) Order, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 560.

AIR NAVIGATION (INTERNATIONAL LINES) ORDER, 1935.

WHEREAS it is provided (amongst other things) by Article 15 of the Convention relating to the regulation of aerial navigation done at Paris on the 13th day of October, 1919, as modified under Article 34 of the said Convention, that every contracting State may make conditional on its prior authorisation the establishment of international airways and the creation and operation of regular international air navigation lines, with or without landing, on its territory ;

AND WHEREAS Saorstát Eireann is a contracting State, within the meaning of the said Article 15 ;

AND WHEREAS it is enacted by section 1 of the Air Navigation Act, 1920, as adapted by and under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), that the Governor-General of the Irish Free State, on the advice of the Executive Council, may make such orders as appear to him necessary for carrying out the said Convention and for giving effect thereto or to any of the provisions thereof, or to any amendment which may be made under Article 34 thereof ;

AND WHEREAS it is enacted (amongst other things) by section 3 of the said Act, as so adapted, that, without prejudice to the generality of the powers conferred by the said section 1, an order under the said section 1 may make provision—

(a) prescribing the authority by which any of the powers exercisable under the said Convention by a contracting State, or by any authority, therein, are to be exercised in Saorstát Eireann, and

(b) for the imposition of penalties (not exceeding imprisonment for a term of six months and a fine of two hundred pounds) to secure compliance with the order or the Convention, and for the mode of enforcing such penalties ;

AND WHEREAS the order hereby made appears to the Governor-General of the Irish Free State, acting on the advice of the Executive Council, to be necessary for giving effect, so far as Saorstát Eireann is concerned, to the provisions hereinbefore recited of the said Article 15, as so modified ;

NOW, therefore, I, DONAL BUCKLEY, Governor-General or the Irish Free State, on the advice of the Executive Council, and in exercise of the powers conferred on me by the Air Navigation Act, 1920, as adapted by and under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power me in this behalf enabling, do hereby order as follows :—

1.—This Order may be cited as the Air Navigation (International Lines) Order, 1935.

2.—The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

3.—(1) No international airway shall be established between Saorstát Eireann and any other country nor shall any regular international air navigation line between Saorstát Eireann and any other country be created or operated unless such establishment or such creation or operation has been previously authorised by the Minister for Industry and Commerce.

(2) An authority of the Minister for Industry and Commerce under this section may be granted subject to such conditions as the said Minister may think fit.

4.—If any international airway is established or any regular international air navigation line is created or operated in contravention of this Order, each of the following persons, namely, the owner of any aircraft used for the purposes of such airway or line and the pilot of such aircraft, shall be guilty of an offence under this Order and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds or, at the discretion of the Court, to either imprisonment for any term not exceeding six months, or to both such fine and imprisonment.

Given under my hand and sealed with the Great Seal of Saorstát

Eireann, this 1st day of October, 1935.

DOMHNALL UA BUACHALLA,

Governor-General.