Air Navigation and Transport Act 2022
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Amendment of Act of 1993 - insertion of new Part IVA | ||
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75. The Act of 1993 is amended by the insertion of the following Part after Part IV: | ||
“PART IVA | ||
Enforcement | ||
Definitions - Part IVA | ||
63A. In this Part— | ||
‘relevant person’ means— | ||
(a) an officer of the Permanent Defence Force holding a commissioned rank, | ||
(b) an officer of the Minister, | ||
(c) an officer of customs, or | ||
(d) a member of the staff of the company; | ||
‘relevant provision’ means a provision of— | ||
(a) this Act (including a European Union Regulation listed in Schedule 2) relating to a function of the company, or | ||
(b) another enactment (other than the Aviation Regulation Act 2001 ) relating to a function of the company. | ||
Appointment of authorised officers | ||
63B. (1) The company may authorise in writing a relevant person to perform the functions conferred on authorised officers by or under this Act or the Air Navigation and Transport Act 2022 and shall, at the same time as such authorisation, furnish the relevant person with a certificate of his or her authorisation. | ||
(2) A person who was an authorised officer within the meaning of section 2 immediately before the commencement of section 75 of the Air Navigation and Transport Act 2022 shall, on and after that commencement, be deemed to be authorised under subsection (1) on the same terms and conditions as he or she was such authorised officer immediately before that commencement. | ||
(3) The company shall, in the case of an authorised officer who is such by virtue of the operation of subsection (2), as soon as is practicable after the commencement referred to in that subsection, furnish the officer with a certificate of his or her authorisation. | ||
(4) An authorised officer shall, when performing a function conferred on authorised officers by or under this Act or the Air Navigation and Transport Act 2022, if requested by any person thereby affected, produce his or her certificate referred to in subsection (1) or (3), as the case may be, to that person for inspection. | ||
Powers of authorised officers | ||
63C. (1) For the purposes of the exercise by the company of its functions under this Act relating to the enforcement of a relevant provision, an authorised officer may— | ||
(a) enter at any reasonable time any premises or place at which there are reasonable grounds for the officer to believe that a trade or business, or an activity in connection with a trade or business, relevant to the relevant provision is being, or has been, carried on by a person to whom this section applies otherwise than in accordance with that provision and search and inspect the premises or place and any records found therein or thereon, | ||
(b) require any such person to produce to him or her any records which are in the person’s power or control, and in the case of information in a non-legible form to reproduce it in a legible form, and to give to the officer such information as he or she may reasonably require in relation to any entries in such records, | ||
(c) secure for later inspection any premises or place or part thereof in or on which records are kept or where there are reasonable grounds for the officer to believe that such records are kept, | ||
(d) inspect and take extracts from or make copies of any such records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form), | ||
(e) remove and retain such records for such period as may be reasonable for further examination, | ||
(f) require the person to maintain such records for such period of time, as may be reasonable, as the authorised officer directs, | ||
(g) require the person to give to the officer any information which he or she may reasonably require, or | ||
(h) require any person on the premises or place having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the officer all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or material. | ||
(2) This section applies to the following persons: | ||
(a) an airport authority; | ||
(b) an air navigation service provider; | ||
(c) any person responsible for the carriage of passengers, mail or freight by air; | ||
(d) a supplier of ground handling services; | ||
(e) a tour operator or a travel agent; | ||
(f) a trader within the meaning of section 2 of the Package Holidays and Travel Trade Act 1995 ; | ||
(g) an aerodrome operator; | ||
(h) a person carrying on the business of the design, manufacture, maintenance, repair or modification of aircraft or parts for aircraft; | ||
(i) a person carrying on the business of the production of material (including fuel) for aircraft; | ||
(j) a person carrying on the activity of the operation of aircraft; | ||
(k) a person engaged in the training of persons engaged in any activities referred to in paragraphs (a) to (d) or (g) to (j). | ||
(3) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises or place, an application may be made under section 63D to the District Court for a warrant to authorise such entry. | ||
(4) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant under section 63D from the District Court authorising such entry. | ||
Search warrants | ||
63D. If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that information required by an authorised officer for the purposes of the exercise by the company of its functions under this Act relating to a relevant provision is held at any premises or place, the judge may issue a warrant authorising the authorised officer, accompanied if the officer considers it necessary by other authorised officers or members of the Garda Síochána, at any time or times, within one month from the date of issue of the warrant, on production, if so required, of the warrant, to enter, if need be by reasonable force, the premises or place and exercise all or any of the powers conferred on an authorised officer under section 63C. | ||
Indemnification | ||
63E. Where the company is satisfied that a member of staff of the company or an authorised officer has discharged his or her duties in pursuance of the functions of the company in a bona fide manner, the company shall indemnify the member or officer, as the case may be, against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties. | ||
Fixed charge offences | ||
63F. (1) (a) This section applies to such summary offences under this Act as may be declared by the Minister by regulations, made after consultation with the Minister for Justice, to be fixed charge offences. | ||
(b) Subject to subsection (9), the regulations referred to in paragraph (a) shall prescribe the amount of each fixed charge for each fixed charge offence. | ||
(2) Where an authorised officer has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person— | ||
(a) if the officer identifies the person, the officer shall serve, or cause to be served, personally or by post, on the person a notice under this section, | ||
(b) if the officer does not identify the person and the offence involves the use of a registered aircraft, the officer shall serve, or cause to be served, personally or by post, on the operator or registered owner of the aircraft a notice under this section, or | ||
(c) if the officer does not identify the person and the offence involves the use of an unmanned aircraft registered to an operator, the officer shall serve, or cause to be served, personally or by post, on the registered operator of the unmanned aircraft a notice under this section. | ||
(3) A notice under this section shall be in the form prescribed by regulations made by the Minister and— | ||
(a) shall contain details of the manner of payment of a fixed charge, and | ||
(b) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed. | ||
(4) A notice served pursuant to this section shall contain a statement to the effect that— | ||
(a) the person on whom it is served is alleged to have committed an offence specified in the notice, | ||
(b) the person may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount as specified in the notice, and | ||
(c) a prosecution in respect of the alleged offence will not be instituted during the periods specified in the notice or, if a payment so specified in accordance with the notice, is made during the appropriate period so specified in relation to the payment, at all. | ||
(5) The payment of a fixed charge shall not be accepted after the expiration of the period of 28 days beginning on the date the notice provided for by this section was served. | ||
(6) Where a notice is served under this section— | ||
(a) a person or the person to whom the notice applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice, | ||
(b) the payment— | ||
(i) may be received in accordance with the notice and the person receiving the payment may issue a receipt for it, and | ||
(ii) shall be paid into or disposed of for the benefit of the Exchequer as the Minister for Public Expenditure and Reform directs, and shall not be recoverable by the person who made it, | ||
(c) a prosecution in respect of the alleged offence to which the notice relates shall not be instituted during the periods specified in the notice or, if a payment so specified is made during the period so specified in accordance with the notice, in relation to the payment, at all. | ||
(7) A fixed charge offence shall be an offence for the purposes of this Act. | ||
(8) In a prosecution for a fixed charge offence it shall be presumed, until the contrary is shown, that— | ||
(a) the relevant notice under this section has been served or caused to be served, and | ||
(b) a payment pursuant to the relevant notice under this section, accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made. | ||
(9) Regulations prescribing the amount of a fixed charge may prescribe different amounts in relation to any of the following: | ||
(a) different fixed charge offences; | ||
(b) fixed charge offences involving different classes of aircraft.”. |