Air Navigation and Transport (Indemnities) Act 2005
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Limit of Ministerial liability. |
7.—(1) Subject to the provisions of this section, 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 immediately prior to the commencement of the period of the state of difficulty specified in the order made by the Government pursuant to section 2 . | |
(2) Subject to the provisions of this section, in the case of an air navigation undertaking to which section 4 (2) applies, the liability of the Minister or the State arising from the granting or renewal of a Ministerial indemnity shall not exceed such amount as may be specified in the indemnity concerned, being the amount which, in the opinion of the Minister is the minimum amount necessary to enable the air navigation undertaking concerned to operate its business. | ||
(3) 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 aggregate. | ||
(4) Notwithstanding subsection (3), the Minister may grant or renew indemnities, the liabilities in aggregate under which exceed €9,000,000,000. | ||
(5) 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. | ||
(6) 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. |