Irish Aviation Authority Act, 1993

Provisions in relation to orders and regulations made by Minister or company.

5.—(1) An order or regulation made by the Minister or the company under this Act may be made applicable to any aircraft in or over the State or to aircraft registered in the State wherever they may be.

(2) An order or regulation made by the Minister or the company under this Act may authorise the Minister or the company, as the case may be, to give directions for carrying out the purposes of the order or regulation, as the case may be, in respect of such matters and things as may be specified in the order or regulation, as the case may be, and, where an order or regulation so authorises, the Minister or the company, as the case may be, may give such a direction.

(3) An order or regulation made by the Minister or the company under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister or the company, as the case may be, to be necessary or expedient for the purposes of the order or regulation.

(4) Before making an order or regulation, or giving a direction (other than a direction to the company), under or by virtue of this Act or the Acts relating to a matter to which a function of the company relates, the Minister shall consult with the company in relation to the order, regulation or direction.

(5) (a) The Minister may by order amend or revoke an order made by him under this Act and by direction amend or revoke a direction given by him under or by virtue of this Act.

(b) The company may by order amend or revoke an order made by it under this Act and by direction amend or revoke a direction given by it under or by virtue of this Act.

(c) An order or direction under this subsection shall be made or given in the like manner and its making or giving shall be subject to the like (if any) consents and conditions as the order or direction that it is amending or revoking.

(6) The Minister shall not—

(a) make an order or regulation under this Act or the Acts in relation to a matter as respects which the company may make an order or regulation under this Act or the Acts, or

(b) give a direction (other than a direction to the company) in relation to a matter as respects which the company may give a direction.

(7) Before making an order under section 15 or 58 (2) or an order amending or revoking such an order, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.

(8) Before making an order or regulation under this Act, the company shall inform the Minister of its intention to make the order or regulation and of its purpose.

(9) The Chief Executive or any other member of the staff of the company may, if duly authorised in that behalf by the company in relation to a particular direction or class of direction which the company is authorised to give, give the direction or a direction of that class, as the case may be, on behalf of the company.

(10) The company shall not, in any order or regulation made or direction given under or by virtue of this Act, make provision in relation to the safeguarding of civil aviation against acts of unlawful interference.

(11) As soon as may be after the making of an order or regulation by the company it shall cause it to be published in Iris Oifigiúil.