Air Navigation and Transport Act 2022

• Permanent Page URL

Interpretation - general

2. (1) In this Act—

“Act of 1993” means the Irish Aviation Authority Act 1993 ;

“Act of 1998” means the Air Navigation and Transport (Amendment) Act 1998 ;

“Act of 2014” means the Companies Act 2014 ;

“aerodrome” has the meaning assigned to it by the Act of 1993;

“aeronautical communications services” has the meaning assigned to it by the Act of 1993;

“air navigation services” has the meaning assigned to it by the Act of 1993;

“aircraft” has the meaning assigned to it by the Act of 1993;

“airspace” has the meaning assigned to it by the Act of 1993;

“ANT Acts” means the Air Navigation and Transport Acts 1936 to 1998;

“authorised officer” has the meaning assigned to it by the Act of 1993;

“Chicago Convention” has the meaning assigned to it by the Act of 1993;

“Chief Executive” means the chief executive of the IANS appointed under section 35;

“contracting state” has the meaning assigned to it by the Act of 1993;

“determination”, in relation to a relevant authority, means a decision of the authority as to whether or not any sum is due to Eurocontrol, the IANS or the Minister in respect of air navigation services or aeronautical communications services provided by Eurocontrol, the IANS, the Minister or any other person;

“electronic device” includes any device which uses any electronic, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data, or both store and transmit data;

“electronic record” includes electronic, digital, magnetic, optical, electromagnetic, biometric or photonic means of storing data, or other forms of related technology, or any combination thereof, by means of which data is stored;

“enactment” has the meaning assigned to it by the Interpretation Act 2005 ;

“Eurocontrol” has the meaning assigned to it by the Act of 1993;

“Eurocontrol Convention” has the meaning assigned to it by the Act of 1993;

“IAA” means the Irish Aviation Authority;

“IANS” means the company referred to in section 10;

“International Civil Aviation Organisation” has the meaning assigned to it by the Act of 1993;

“Irish airspace” has the meaning assigned to it by the Act of 1993;

“licence” has the meaning assigned to it by the Act of 1993;

“Minister” means the Minister for Transport;

“operator” has the meaning assigned to it by the Act of 1993;

“other airspace” means areas of airspace, other than Irish airspace, in which the IANS is authorised to provide air navigation services pursuant to agreements with any, or any combination, of the following:

(a) any persons who manage and control airspace for which states other than the State are responsible or who are responsible for the provision of air navigation services or aeronautical communications services in that airspace;

(b) international organisations;

“recognised trade unions and staff associations” means trade unions and staff associations recognised by the IANS or the IAA, as appropriate, for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees;

“record” includes, in addition to a record in writing and an electronic record—

(a) a disc, tape, sound-track or other device in which data, sounds or signals are embodied so as to be capable, with or without the aid of some other mechanical or electrical equipment, of being reproduced in legible or audible form,

(b) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electrical equipment, of being reproduced in visual form, and

(c) a photograph, map, plan, drawing or aeronautical chart,

and any reference to a copy of records includes, in the case of a record falling within paragraph (a) only, a transcript of the sounds or signals embodied therein, in the case of a record falling within paragraph (b), a still reproduction of the images embodied therein and, in the case of a record falling within both of those paragraphs, such transcript together with such a still reproduction;

“relevant authority”, in relation to a contracting state, means—

(a) any court or tribunal which, under the law of that state, may determine questions as to whether or not a sum is due to Eurocontrol, the IANS or the Minister in respect of air navigation services provided by Eurocontrol, the IANS or the Minister or any other person,

(b) an administrative authority which, under the law of that state, may determine such questions, being a determination which, in that state, is subject to appeal to, or review by, a court or tribunal, or

(c) a court or tribunal which, under the law of that state, may determine an appeal from, or carry out a review of, a determination made in respect of any such questions by another relevant authority;

“State aerodrome” means Cork Airport, Dublin Airport or Shannon Airport;

“State authority” means a Minister of the Government, the Commissioners of Public Works Ireland or an agent of the Minister;

“subsidiary” means a subsidiary (within the meaning of section 7 of the Act of 2014) of the IANS;

“vesting day” means the day appointed under section 10 (3) to be the vesting day.

(2) A reference in this Act to a certificate or licence includes a reference to an instrument of approval or other authorisation or permission and a reference in this Act to the grant or renewal of a certificate or licence includes a reference to the validation, revalidation or variation of the certificate or licence.

(3) Where any function of the IANS is, under the memorandum of association of a subsidiary, a function of the subsidiary, every provision of, or of any instrument made under, this Act or any other enactment relating to the IANS shall, in respect of that function, apply to the subsidiary as it applies to the IANS.

(4) Where any function of the IAA is, under the memorandum of association of a subsidiary of the IAA, a function of the subsidiary, every provision of, or of any instrument made under, this Act or any other enactment relating to the IAA shall, in respect of that function, apply to the subsidiary as it applies to the IAA.