Irish Aviation Authority Act, 1993

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Number 29 of 1993


IRISH AVIATION AUTHORITY ACT, 1993


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Application to state aircraft.

4.

Saving for lighthouse authorities.

5.

Provisions in relation to orders and regulations made by Minister or company.

6.

Laying of orders and regulations before Houses of Oireachtas.

7.

Directions by Minister to company.

8.

Disposal of monies received by Minister.

9.

Expenses.

10.

Repeals.

PART II

Establishment and Administration of Company

11.

Formation of company.

12.

Name and capital formation of company.

13.

Form of memorandum of association.

14.

Objects of company.

15.

Conferral of additional functions on company.

16.

General duty of company.

17.

Articles of association.

18.

Restriction on alteration of memorandum or articles of association.

19.

Issue of shares, and creation of debt due, to Minister for Finance in consideration of transfer of property.

20.

Issue of share to Minister.

21.

Issue of shares to subscribers to memorandum of association of company.

22.

Exercise of powers by Minister for Finance in respect of shares.

23.

Transfer by Minister for Finance of shares.

24.

Obligation of certain shareholders to hold shares in trust.

25.

Payment of dividends, etc., into Exchequer.

26.

Borrowing by company and subsidiaries.

27.

Guaranteeing by Minister for Finance of borrowing by company.

28.

Loans by Minister for Finance to company for purposes of working capital.

29.

Provision of money for payments out of Central Fund.

30.

Accounts and audits.

31.

Annual report and furnishing of information to Minister.

32.

Reports by company on its technical and safety standards.

33.

Disclosure by directors of certain interests.

34.

Disclosure by members of staff of certain interests.

35.

Prohibition on unauthorised disclosure of information.

36.

Decisions by company in relation to technical and safety standards of aircraft and air navigation.

37.

Membership of either House of Oireachtas or European Parliament.

38.

Chief Executive.

39.

Remuneration, etc., of staff.

40.

Transfer of staff of Minister to company.

41.

Superannuation.

42.

Acquisition of land.

43.

Charges by company in respect of air navigation and aeronautical communications services.

44.

Other charges by company.

45.

Recoupment by Minister of certain costs of company.

PART III

Provisions in relation to Eurocontrol Convention

46.

Power of Minister to give effect to Eurocontrol Convention.

47.

Power of company to give effect to Eurocontrol Convention.

48.

Status and privileges of Eurocontrol and privileges of its personnel.

49.

Venue for proceedings for recovery of sums due to Euro-control.

50.

Enforceability and recognition of determination made in another contracting state.

51.

Application for enforcement of determination made in another contracting state.

52.

Documents required to accompany request for enforcement of determination.

53.

Effect of order for enforcement of determination.

54.

Non-recognition or non-enforcement of determination.

55.

Enforcement in other contracting states of determination by court in State.

56.

Keeping of records by aircraft operators.

57.

Parties to Eurocontrol Convention and Multilateral Agreement.

PART IV

Provisions in relation to Chicago Convention, Certain Other International Agreements and Certain Organisations

58.

Power of company to make orders.

59.

Power of company to apply certain Annexes to Chicago Convention to internal flying.

60.

Provisions of orders made by company.

61.

Expenses of international organisations.

62.

Attendance of company at meetings of or organised by certain international organisations.

63.

Negotiation by company of certain agreements with international organisations or other states.

PART V

Miscellaneous

64.

Costs of investigation by Minister of accidents to aircraft.

65.

Powers of company in relation to accidents and other incidents affecting aircraft.

66.

Power of Minister to require cancellation or refusal of registration of aircraft.

67.

Detention of aircraft.

68.

Designation of areas of Irish airspace for use by Defence Forces.

69.

Charge of rates on property of company.

70.

Transfer of certain functions under Wireless Telegraphy Act, 1926, and application of section 3 thereof, to company.

71.

Restriction of Worker Participation (State Enterprises) Acts, 1977 to 1991.

72.

Miscellaneous amendments of Acts.

73.

Proceedings.

74.

Offences.

PART VI

Transitional Provisions

75.

Continuance of certain instruments.

76.

Continuance of pending legal proceedings.

77.

Transfer of land.

78.

Transfer of other property.

79.

Transfer of rights and liabilities.

80.

Transitional financial provisions.

81.

Liability for loss occurring before vesting day.

SCHEDULE


Acts Referred to

Air Navigation and Transport Act, 1936

1936, No. 40

Air Navigation and Transport Act, 1946

1946, No. 23

Air Navigation and Transport Act, 1950

1950, No. 4

Air Navigation and Transport Act, 1988

1988, No. 15

Air Navigation and Transport Acts, 1936 to 1988

Air Navigation (Eurocontrol) Acts, 1963 to 1983

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 1990

Data Protection Act, 1988

1988, No. 25

Defence Acts, 1954 to 1993

European Assembly Elections Act, 1977

1977, No. 30

European Assembly Elections Act, 1984

1984, No. 6

Foreshore Act, 1933

1933, No. 12

Holidays (Employees) Acts, 1973 to 1991

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Public Offices Fees Act, 1879

1879, c. 58

Redundancy Payments Acts, 1967 to 1991

Unfair Dismissals Acts, 1977 to 1993

Wireless Telegraphy Act, 1926

1926, No. 45

Worker Participation (State Enterprises) Acts, 1977 to 1991

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Number 29 of 1993


IRISH AVIATION AUTHORITY ACT, 1993


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A COMPANY, TO BE KNOWN AS ÚDAR?S EITL?OCHTA NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE IRISH AVIATION AUTHORITY, TO PROVIDE CERTAIN SERVICES IN RELATION TO CIVIL AVIATION, TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR THE CONFERRAL ON IT OF CERTAIN FUNCTIONS OF THE MINISTER FOR TRANSPORT, ENERGY AND COMMUNICATIONS UNDER THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1988, AND THE AIR NAVIGATION (EUROCONTROL) ACTS, 1963 TO 1983, TO AMEND THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1988, AND TO PROVIDE FOR RELATED MATTERS. [1st December, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: