Aviation Regulation Act, 2001
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Aviation terminal services charges. |
35.—(1) In this section and section 36 — | |
“Authority” means Irish Aviation Authority; | ||
“determination” means a determination made under subsection (2). | ||
(2) Not more than 12 months after the establishment day and at the end of each succeeding period of 5 years, the Commission shall make a determination specifying the maximum levels of aviation terminal services charges that may be imposed by the Authority. | ||
(3) A determination shall— | ||
(a) be in force for a period of 5 years, and | ||
(b) come into operation not later than 30 days after the making of such determination. | ||
(4) A determination may— | ||
(a) provide— | ||
(i) for an overall limit on the level of aviation terminal services charges, | ||
(ii) for limits to apply to particular categories of such charges, or | ||
(iii) for a combination of any such limits, | ||
(b) operate to restrict increases in any such charges, or to require reductions in them, whether by reference to any formula or otherwise, or | ||
(c) provide for different limits to apply in relation to different periods of time falling within the period to which the determination relates. | ||
(5) Prior to making a determination the Commission shall— | ||
(a) give notice to any person concerned stating that it proposes to make a determination, | ||
(b) publish such notice in a daily newspaper published and circulating in the State, and | ||
(c) specify the period (being not less than 2 months from the publication of the notice) within which representations with respect to the proposed determination may be made by interested parties or the public. | ||
(6) The Commission— | ||
(a) shall consider any representations which are made under subsection (5) and not withdrawn, and | ||
(b) may either accept or reject any representations made under subsection (5). | ||
(7) On making a determination the Commission shall make a report on the determination giving an account of its reasons for making that determination together with its reasons for accepting or rejecting representations made under subsection (5). | ||
(8) A report under subsection (7) shall be sent by the Commission to the Minister and to the Authority. | ||
(9) The Commission shall as soon as may be— | ||
(a) give notice that it has made a report under subsection (7), and | ||
(b) make the report available on request to interested parties or to the public. | ||
(10) A notice under subsection (9) shall be given by publishing the notice in a daily newspaper published and circulating in the State and by such other means as the Commission may determine. | ||
(11) For the purposes of this section, the Commission may request the Authority in writing to provide information (including accounts, estimates, returns, projections or any other records) to it which is in the possession of or which can be obtained by the Authority about the aviation terminal services provided by the Authority or matters relevant to the provision of aviation terminal services provided by the Authority. | ||
(12) (a) The Commission may on or after the expiration of a period of 2 years after the making of a determination under subsection (1)— | ||
(i) at its own initiative, or | ||
(ii) at the request of the Authority or user concerned in respect of the determination, | ||
if it considers that there are substantial grounds for so doing, review the determination and if it sees fit, amend the determination. | ||
(b) An amendment made under paragraph (a) shall be in force for the remainder of the period of the determination referred to in subsection (3)(a). | ||
(c) Subsection (3)(b) and subsections (5) to (11) shall apply to an amendment made under paragraph (a). | ||
(13) Any aviation terminal service charges imposed by the Authority, which are in force immediately before the establishment day, shall continue in force until a determination has been made. |