State Airports Act 2004

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Power of company to manage and develop its airport, etc.

8.—(1) Dublin Airport Authority shall—

(a) pending the Cork appointed day, enter into such arrangements with Cork Airport Authority for the performance on its behalf of functions of Dublin Airport Authority in relation to Cork Airport as may be agreed between those parties, and

(b) pending the Shannon appointed day, enter into such arrangements with Shannon Airport Authority for the performance on its behalf of functions of Dublin Airport Authority in relation to Shannon Airport as may be agreed between those parties.

(2) An arrangement entered into under subsection (1), for so long as it remains in force, operates to confer on Shannon Airport Authority, in relation to Shannon Airport, and Cork Airport Authority, in relation to Cork Airport, the functions of Dublin Airport Authority specified in the arrangement, subject to any terms and conditions specified in that arrangement.

(3) A function conferred by Dublin Airport Authority by an arrangement under subsection (1) on Shannon Airport Authority or Cork Airport Authority may be performed by Shannon Airport Authority or Cork Airport Authority, as the case may be, in its own name to the extent permitted by the arrangement.

(4) The terms and conditions specified in any arrangement under subsection (1) agreed between Dublin Airport Authority and Shannon Airport Authority or Cork Airport Authority may make provision for the payment of a fee by Dublin Airport Authority to—

(a) Shannon Airport Authority, in consideration of services provided by Shannon Airport Authority, and

(b) Cork Airport Authority in consideration of services provided by Cork Airport Authority,

under such arrangement.

(5) Dublin Airport Authority shall, from the Dublin appointed day, have vested in it, manage, operate and develop—

(a) Dublin Airport, and

(b) subject to arrangements under subsection (1)—

(i) until the Cork appointed day, Cork Airport, and

(ii) until the Shannon appointed day, Shannon Airport.

(6) Cork Airport Authority shall, from the Cork appointed day, have vested in it, manage, operate and develop Cork Airport.

(7) Shannon Airport Authority shall, from the Shannon appointed day, have vested in it, manage, operate and develop Shannon Airport.

(8) There shall be prepared and submitted to the Minister and the Minister for Finance, for their approval a comprehensive business plan—

(a) before the Cork appointed day, by Cork Airport Authority, for the management, operation and development of Cork Airport from the Cork appointed day, and

(b) before the Shannon appointed day, by Shannon Airport Authority, for the management, operation and development of Shannon Airport from the Shannon appointed day.

(9) Dublin Airport Authority, in connection with the preparation and submission of the business plans for Cork Airport and Shannon Airport under subsection (8), shall, from such date as decided by the Minister, prepare and submit to the Minister and the Minister for Finance for their approval a comprehensive business plan for the management, operation and development of Dublin Airport.

(10) Each company shall manage, operate and develop any other airport that may be established or owned by it under subsection (13).

(11) A company shall manage, operate and develop any other airport that may become or remain vested in it under section 7 and (where relevant) under any arrangement in place under subsection (1).

(12) Each company shall ensure the provision of such services and facilities as are, in the opinion of that company, necessary for the operation, maintenance and development of its airports, including roads, bridges, tunnels, approaches, water supply works and water mains, gasworks and gas pipelines, sewers and sewage disposal works, electric lines, telecommunications facilities, lights and signs, apparatus, equipment, buildings and accommodation of whatever kind.

(13) Each company may, with the consent of the Minister given after consultation with the Minister for Finance and subject to such conditions as the Minister may determine, establish a new airport (whether within or outside the State) or become the owner in whole or in part or manager or operator of an existing airport. This subsection does not apply to an arrangement under this section.

(14) Where the Irish Aviation Authority ceases to provide terminal services at a State airport the company to which that airport belongs or which has responsibility for such airport shall, with the consent of that Authority, ensure the provision of those services at the airport.

(15) The Irish Aviation Authority shall not unreasonably withhold its consent under subsection (14).

(16) Section 16 of the Act of 1998 is repealed on the Dublin appointed day.

(17) Unless otherwise paid by the Minister under section 7 (8), the costs incurred in the establishment and running of each of Cork and Shannon Airport Authorities prior to their respective appointed days in connection with the restructuring shall to such extent as may be sanctioned by the Minister for Transport, with the consent of the Minister for Finance, be paid by Aer Rianta or the Dublin Airport Authority, as the case may be.

(18) Any function of Dublin Airport Authority which is necessary for the discharge of functions by Cork Airport Authority and Shannon Airport Authority under an arrangement entered into under subsection (1) shall, to the extent necessary for the performance of such arrangement, also be regarded as a function of Cork Airport Authority and Shannon Airport Authority.