Air Navigation and Transport (Indemnities) Act 2005
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Claims on foot of an indemnity. |
16.—(1) Where an air navigation undertaking which is the recipient of a Ministerial indemnity believes that an event has occurred that may give rise to a claim in respect of such indemnity, the undertaking concerned shall inform the Minister at the earliest opportunity. | |
(2) Claims for indemnity on foot of a Ministerial indemnity shall be presented to the Minister in such form as may be designated by the Minister. | ||
(3) The Minister shall, subject to the provisions of this Act, if satisfied as to the admissibility of a claim relating to a Ministerial indemnity, indemnify the air navigation undertaking concerned. | ||
(4) Subject to subsection (5), if the Minister is of the opinion that there is a possibility that the value of a claim or claims in respect of a Ministerial indemnity or indemnities granted or renewed under this Act may exceed in aggregate the limit of €9,000,000,000 referred to in section 7 (3), the Minister may determine that the claim or claims shall not be paid until the full extent of such claim or claims has been established and shall cause a copy of such determination to be sent to each air navigation undertaking to which a Ministerial indemnity has been granted or renewed. | ||
(5) Where the Minister has made a determination under subsection (4), the Minister may make an interim payment to the air navigation undertaking concerned in respect of a claim admitted and proved, on such conditions as the Minister thinks fit, including a condition as to repayment to the Minister of any overpayment if the provisions of section 7 (5) apply. | ||
(6) The Minister may, following consultation with the Minister for Finance, make an order fixing a date and time before which an air navigation undertaking wishing to make a claim against the Minister on foot of a Ministerial indemnity may make such a claim. | ||
(7) Where the Minister has made an order under subsection (6), no liability shall attach to the Minister or the State arising from the Ministerial indemnity other than in respect of claims duly made in accordance with this section prior to the date and time specified in the order. | ||
(8) Where the Minister proposes to make an order under subsection (6) he or she shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed in each such House. | ||
(9) The date and time fixed by the Minister in an order made under subsection (6) shall be not less than 6 months from the date of the making of the order. |