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State of difficulty.
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2.—(1) Whenever and so often as the Government are of the opinion that circumstances prevail or are likely to prevail in relation to the provision of insurance relating to aviation, which insurance, in the opinion of the Government, is essential for the functioning of civil aviation, and whereby such insurance is unavailable or unavailable at a reasonable cost in the commercial insurance market, the Government may by order declare that a state of difficulty affecting the supply of such insurance exists in relation to risks specified in the order.
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(2) The Government in an order made under this section may specify a date as being the date of commencement of the state of difficulty and such date may be a date earlier than the date of the making of the order by the Government (including a date prior to the enactment of this Act, but not earlier than 23:59 Greenwich Mean Time on 16 June 2005).
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(3) An order under subsection (1) of this section shall remain in force for such period (not exceeding 12 months from the date of the making of the order) as the Government think proper and specify in the order, and unless previously revoked or continued by an order made pursuant to subsection (4), shall then expire.
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(4) Where, prior to the expiry of an order made pursuant to subsection (1), the Government are of the opinion that the circumstances referred to in subsection (1) or this subsection prevail or are likely to prevail, then the Government may make an order (in this Act referred to as a “continuing order”) continuing the order in force for such further period as the Government thinks fit (not exceeding 12 months from the date of the making of the continuing order).
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(5) The Government may make a continuing order under this section where the circumstances prevailing or considered by the Government as likely to prevail are altered from the circumstances which prevailed or were considered likely to prevail at the time the Government made the order pursuant to subsection (1) or (4).
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(6) The Government may by order amend or revoke an order made under this section, including an order made under this subsection.
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(7) Every order made by the Government under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after it is laid before it, the order shall be annulled without prejudice to anything previously done thereunder.
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