Air Navigation and Transport (Indemnities) Act, 2001
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Limit of Ministerial liability. |
6.—(1) The liability of the Minister or the State arising from the granting or renewal of a Ministerial indemnity shall not exceed the amount of the liability for which the insurer under the policy of insurance referred to in section 4 was on risk in respect of the specified risks prior to the making of the order by the Government pursuant to section 2 (1). | |
(2) The liability of the Minister or the State arising from the granting or renewal of Ministerial indemnities under this Act shall not under any circumstances exceed the sum of €9,000,000,000 in the aggregate. | ||
(3) Without prejudice to subsection (2), the Minister may grant or renew indemnities, the liabilities in aggregate under which exceed €9,000,000,000. | ||
(4) In the event that the aggregate amount of claims admitted on foot of a Ministerial indemnity or indemnities (including costs and expenses of a claimant legally recoverable from the air navigation undertaking concerned) in respect of an event or events which are specified risks referred to in a Ministerial indemnity exceeds €9,000,000,000, then the entitlement of an air navigation undertaking to recover from the Minister shall be restricted to the extent that all claims arising on foot of a Ministerial indemnity or indemnities shall abate rateably. | ||
(5) Nothing in this Act or any rule of law or practice shall entitle a person, other than a person to whom a Ministerial indemnity is granted, to make a claim against the Minister or the State in respect of an event or events which are specified risks referred to in a Ministerial indemnity. |