S.I. No. 219/1997 - The Irish Aviation Authority (Nationality and Registration of Aircraft) (Amendment) Order, 1997.


S.I. No. 219 of 1997.

THE IRISH AVIATION AUTHORITY (NATIONALITY AND REGISTRATION OF AIRCRAFT) (AMENDMENT) ORDER, 1997.

The Irish Aviation Authority, in exercise of the powers conferred on it by section 5 of the Irish Aviation Authority Act, 1993 (No. 29 of 1993), hereby orders as follows:

1 Title

1. This Order may be cited as the Irish Aviation Authority (Nationality and Registration of Aircraft) (Amendment) Order, 1997.

2 Citation and Construction

2. The Principal Order and this Order may be cited together as the Irish Aviation Authority (Nationality and Registration of Aircraft) Orders, 1996 and 1997 and shall be construed together as one.

3 Definition

3. In this Order, "the Principal Order" means the Irish Aviation Authority (Nationality and Registration of Aircraft) Order, 1996 ( S.I. No. 322 of 1996 ).

4 Amendment of Article 7 of the Principal Order

4. Article 7 of the Principal Order is hereby amended by the substitution of the following subparagraph for subparagraph (b) of paragraph 1:

"(b) a company registered in and having a place of business in the State and having its principal place of business in the State or in another member state of the European Communities, whereof not less than two thirds of the directors are citizens of Ireland or of member states of the European Communities,

or by such citizen and company in combination.".

5 Amendment of Article 19 of the Principal Order

5. Article 19 of the Principal Order is hereby amended by the insertion of the following paragraph after paragraph 2:

  "(3) The Authority may give a direction for the purpose of this Article exempting an aircraft or a person from such provisions of this Order as are specified in the direction, subject to such requirements, conditions or limitations as may also be specified in the direction.".

GIVEN under the Common Seal of The Irish Aviation Authority,

this 27th day of May, 1997.

J. LACEY

Director

A. O'BRIEN

Director

EXPLANATORY NOTE.

1. The separate requirement that the nationality of a company chairman be a deciding factor in determining its suitability as a registered aircraft owner is considered to be an unnecessary provision and is removed by this amendment.

2. The power to exempt some aircraft or their owners from certain registration requirements is seen as a necessary provision in special cases particularly when dealing with aircraft so exempted by other administrations.