Air Navigation and Transport Act 2022
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Recoupment by Minister of certain costs of IANS | ||
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42. (1) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, give a direction to the IANS— | ||
(i) requiring the IANS to exempt specified classes of users of aeronautical communications services, or specified aeronautical communications services, provided by the IANS from the payment of fees or charges to the IANS for the provision of those services, or | ||
(ii) requiring the IANS, in accordance with the International Civil Aviation Organisation and Eurocontrol charging principles, to provide by regulations made under section 40 for the exemption from the payment to the IANS of charges or fees imposed under that section for the provision by the IANS of air navigation services or aeronautical communications services in respect of specified classes of flights by aircraft or specified classes of persons. | ||
(b) The IANS shall comply with a direction given to it under this subsection. | ||
(c) The Minister shall pay to the IANS an amount equal to the amount of any costs incurred by it in the provision of services or the performance of functions to which an exemption specified in a direction under this subsection relates. | ||
(2) Payments under this section shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. | ||
(3) In this section, “International Civil Aviation Organisation and Eurocontrol charging principles” means the principles specified in and developed under and in accordance with the provisions of Article 15 of the Chicago Convention and any amendment thereof whether made before or after 8 December 1993 and the principles specified in the document entitled “Conditions of Application of the Route Charges Systems and Conditions of Payment” reference doc. 20.60.02, published by Eurocontrol and any amendment thereof, whether made before or after 8 December 1993. |