Air Navigation and Transport Act, 1988

Increase in penalties for certain offences.

28.—(1) A person who is guilty of an offence under—

(a) section 5 (4), 39 (2), 56 (1), 60 (4) or 66 (3) of the Principal Act, or

(b) section 13 (3) of the Act of 1946, or

(c) section 13 (as amended by this Act) of the Customs-free Airport Act, 1947 , or

(d) section 13 (1), 13 (2), 14 (7), 16 (6), 17 (2) or 21 of the Act of 1950, or

(e) section 15 of the Air Navigation and Transport Act, 1973 , or

(f) section 4 (7) of the Air Navigation and Transport Act, 1975 ,

shall, in lieu of the penalty prescribed by the section concerned, be liable—

(a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or, at the discretion of the Court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding three years, or, at the discretion of the Court, to both such fine and such imprisonment.

(2) A person who is guilty of an offence under Article 24 of the Air Navigation (Aerodromes and Visual Ground Aids) Order, 1970 (S.I. No. 291 of 1970), shall, in lieu of the penalty prescribed by that Article, be liable—

(a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or, at the discretion of the Court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding three years, or, at the discretion of the Court, to both such fine and such imprisonment.

(3) A person who is guilty of an offence under Regulation 9 of the European Communities (Restriction of Aeroplane Operations) Regulations, 1984 (S.I. No. 14 of 1984), shall, in lieu of the penalty prescribed by that Regulation, be liable—

(a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or, at the discretion of the Court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding three years, or, at the discretion of the Court, to both such fine and such imprisonment.

(4) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence to which subsection (1), (2) or (3) relates as if, in lieu of the penalties provided for in subsection (3) of that section, there were specified the penalties provided for in subsections (1), (2) and (3), and the reference in subsection (2) (a) of that section to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(5) Where an offence to which subsection (1), (2) or (3) relates is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of the offence.

(6) A summary prosecution for an offence under any enactment referred to in subsection (1), (2) or (3) may be brought by the Minister.