Aviation Regulation Act, 2001

Appeal panel.

40.—(1) This section applies to—

(a) an airport authority to whom a determination under section 32 (2) applies,

(b) the Irish Aviation Authority in respect of a determination under section 35 (2), and

(c) an airport user, being any person responsible for the carriage of passengers, mail or freight by air to or from an airport, in respect of a determination under section 32 (2) or 35(2).

(2) The Minister shall, upon a request in writing from a person to whom this section applies who is aggrieved by a determination under section 32 (2) or 35(2), establish a panel (“appeal panel”) to consider an appeal by that person against the determination.

(3) An appeal panel shall consist of at least 3 but not more than 5 persons appointed by the Minister, one of whom shall be designated by the Minister to be the chairperson of the appeal panel.

(4) An appeal panel shall determine its own procedure.

(5) An appeal panel shall consider the determination and, not later than 2 months from the date of its establishment, may confirm the determination or, if it considers that in relation to the provisions of section 33 or 36, there are sufficient grounds for doing so, refer the decision in relation to the determination back to the Commission for review.

(6) An appeal panel shall notify the person who made the request under subsection (2) of its decision under subsection (5).

(7) An appeal panel, having considered a determination under section 32 (2) or 35(2) and made a decision in respect of it under subsection (5) and having notified under subsection (6) the person who made the request under subsection (2) of its decision, shall stand dissolved.

(8) The Commission, where it has received a referral under subsection (5) from an appeal panel, shall, within one month of receipt of the referral, either affirm or vary its original determination and notify the person who made the request under subsection (2) of the reasons for its decision.

(9) A notice of a decision made under subsection (8) shall be given by publishing the notice in a daily newspaper published and circulating in the State and by such other means as the Commission may determine.