Air Navigation and Transport Act, 1988

Amendment of section 12 of Act of 1946.

39.—(1) Section 12 of the Act of 1946 is hereby amended by—

(a) the substitution for paragraphs (a) and (b) of the following paragraphs:

“(a) it shall be lawful for a commissioned officer of the Defence Forces of the State to cause to be given such signal as may be prescribed by such order, and

(b) if, after such signal has been given, the aircraft fails to respond to the signal by complying with provisions of the order prescribing the action to be taken on such signal being given, it shall be lawful for such officer to intercept the aircraft and, subject to section 38 (2) and (3) of the Air Navigation and Transport Act, 1988, to use any and every other means at his disposal to compel compliance with the signal;”,

and

(b) the insertion of the following paragraph after paragraph (c):

“(d) every person who obstructs or impedes a commissioned officer of the Defence Forces of the State, or any other person acting in aid of or under the direction of such officer, in the exercise or performance of any of the powers or duties conferred on him by this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months, or, at the discretion of the Court, to both such fine and such imprisonment.”.

(2) Notwithstanding anything in section 12 of the Act of 1946, it shall be lawful for a commissioned officer of the Defence Forces of the State to cause to be given such signal as is prescribed in any order made under that section and in force on the commencement of this section and such orders shall apply accordingly.