S.I. No. 31/1939 - Subsidy (Aer-Rianta, Teóranta) Order, 1939.

WHEREAS it is enacted by subsection (1) of section 79 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), that the Minister for Finance may, subject to the provisions of the said section, from time to time by order authorise the payment of subsidies to Aer-Rianta, Teóranta (being the Company formed and registered under Part VIII of the said Act) on such terms and conditions as may be specified in such order, and it is enacted by subsection (3) of the said section that the aggregate amount which may be authorised to be paid to the said Aer-Rianta, Teóranta, by any orders made under the said section shall not exceed five hundred thousand pounds, and no such order may be made after the expiration of five years from the 14th day of August, 1936 :

NOW, THEREFORE, the Minister for Finance, in exercise of the powers conferred on him by subsection (1) of section 79 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say :—

1. This Order may be cited as the Subsidy (Aer-Rianta, Teóranta) Order, 1939.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order—

the expression " the Company " means Aer-Rianta, Teóranta ;

the expression " the subsidiary Company " means Aer Lingus, Teóranta.

4. (1) The Minister for Industry and Commerce is hereby authorised to pay to the Company a subsidy (in this Order referred to as the subsidy) of an amount equal to whichever of the following is the less—

(a) thirty three thousand pounds ;

(b) the sum of the following

(i) the actual losses, as determined by the Minister for Finance and the Minister for Industry and Commerce, sustained by the Company and the subsidiary Company up to the 31st day of March, 1938, and

(ii) the sum which the Minister for Finance and the Minister for Industry and Commerce estimate will be the losses sustained by the Company and the subsidiary Company in the year ending the 31st day of March, 1939.

(2) The subsidy shall be paid to the Company before the 1st day of April, 1939, and shall be paid at such times and in such instalments as the Minister for Industry and Commerce, after consultation with the Minister for Finance, thinks proper.

5. For the purposes of this Order—

(a) the losses sustained by the Company or the subsidiary Company in any period shall be taken to be the losses sustained by the Company or the subsidiary Company (as the case may be) in that period on the operation of regular and efficient civil air transport services and in any other activities in connection with aviation undertaken by the Company or the subsidiary Company in accordance with the policy from time to time approved by the Minister for Industry and Commerce ;

(b) actual losses shall as far as possible be ascertained by reference to the accounts of the Company or the subsidiary Company (as the case may be) as audited under section 81 of the Air Navigation and Transport Act, 1936 ;

(c) a determination by the Minister for Finance and the Minister for Industry and Commerce as to the amount of the actual losses of the Company or the subsidiary Company in any period shall be final and conclusive.

6. If the actual losses of the Company and the subsidiary Company in the year ending the 31st day of March, 1939, as so determined, are less than the estimated losses of the Company and the subsidiary Company in that year, the Company shall repay to the Minister for Industry and Commerce before the 1st day of September, 1939, the difference between such actual losses and such estimated losses.

7. The Company shall supply to the Minister for Industry and Commerce on being so requested such information as the said Minister may require for the purposes of this Order.

Given under the Official Seal of the Minister for Finance this eleventh day of February, 1939.

(Signed) J. J. McELLIGOTT.