General Scheme Air Navigation and Transport Bill 2019 · “the Acts” means the Air Navigation and Transport Acts, 1936 to 1988; ‘aerodrome’ means a defined area, on land or

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Colour coding: Green – existing provisions Blue –new provisions

General Scheme

Air Navigation and Transport Bill 2019

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Contents

PART 1 - Preliminary and General

Head 1: Short title

Head 2: Interpretation

Head 3: Application to state aircraft.

Head 4: Laying of orders and regulations before Houses of Oireachtas.

Head 5: Directions by Minister to ATM/ANS provider.

Head 6: Disposal of monies received by Minister.

Head 7: Expenses.

PART 2 - Establishment of Irish Air Navigation Authority and

dissolution of the Commission for Aviation Regulation

Chapter 1 - Establishment and Administration of the Irish Air Navigation Authority - “the

ATM/ANS provider”

Head 8: Formation of ATM/ANS provider.

Head 9: Name and capital formation of ATM/ANS provider.

Head 10: Form of memorandum of association.

Head 11: Objects of ATM/ANS provider.

Head 12: Conferral of additional functions on ATM/ANS provider.

Head 13: General duty of ATM/ANS provider.

Head 14: Articles of association.

Head 15: Restriction on alteration of memorandum or articles of association.

Head 16: Issue of shares, and creation of debt due, to Minister for Public Expenditure and

Reform in consideration of transfer of property.

Head 17: Issue of share to Minister.

Head 18: Issue of shares to subscribers to memorandum of association of ATM/ANS

provider.

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Head 19: Exercise of powers by Minister for Public Expenditure and Reform in respect of

shares.

Head 20: Transfer by Minister for Public Expenditure and Reform of shares.

Head 21: Obligation of certain shareholders to hold shares in trust.

Head 22: Payment of dividends, etc., into Exchequer.

Head 23: Borrowing by ATM/ANS provider and subsidiaries.

Head 24: Guaranteeing by Minister for Finance of borrowing by ATM/ANS provider.

Head 25: Provision of money for payments out of Central Fund.

Head 26: Accounts and audits.

Head 27: Annual report and furnishing of information to Minister.

Head 28: Disclosure by directors of certain interests.

Head 29: Disclosure by members of staff of certain interests.

Head 30: Prohibition on unauthorised disclosure of information.

Head 31: Membership of either House of Oireachtas or European Parliament.

Head 32: Chief Executive.

Head 33: Remuneration, etc., of staff.

Head 34: Transfer of staff of the Irish Aviation Authority to the ATM/ANS provider

Head 35: Superannuation.

Head 36: Acquisition of land and entry onto land by company.

Chapter 2 – Dissolution of Commission for Aviation Regulation

Head 37: Dissolution of the Commission for Aviation Regulation

Head 38: Transfer of functions to the Irish Aviation Authority

Head 39: Transfer of staff of the Commission for Aviation Regulation to the Irish Aviation

Authority

Head 40: Transfer of land and other property of the Commission for Aviation Regulation

Head 41: Transfer of rights and liabilities, and continuation of leases, licences and

permissions granted by the Commission for Aviation Regulation

Head 42: Liability for loss occurring before the effective day

Head 43: Provisions consequent upon transfer of functions, assets and liabilities to

Commission

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Head 44: Saving for certain acts

Head 45: Final accounts and final annual report of the Commission for Aviation

Regulation

Head 46: Continuation in force of Commission for Aviation Regulation Superannuation

Schemes.

Head 47: Amendment of the Power for a Levy under Section 23 of the Act of 2001

Chapter 3 – Amendment of the Act of 1993

Head 48: Amendment of Section 31

Head 49: Amendment of Section 32 & 43






Head 55: Replacement of Schedule

PART 3 - Fees and Charges of the ATM/ANS provider

Head 56: Charges by ATM/ANS provider in respect of air navigation and aeronautical

communications services.

Head 57: Other charges by ATM/ANS provider.

Head 58: Recoupment by Minister of certain costs of ATM/ANS provider.

Head 59: Detention of aircraft.

Head 60: Amend Irish Aviation Authority Act to provide for additional other charges by

the Irish Aviation Authority.

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PART 4 - Provisions in relation to Eurocontrol, the International Civil

Aviation Organisation, to International Agreements and

Certain Organisations

Chapter 1 - Provisions in relation to Eurocontrol

Head 61: Venue for proceedings for recovery of sums due to Eurocontrol

Head 62: Keeping of records by aircraft operators.

Chapter 2 - Provisions in relation to the International Civil Aviation Organisation, to

International Agreements and Certain Organisations

Head 63: Expenses of international organisations.

Head 64: Attendance of ATM/ANS provider at meetings of or organised by certain

international organisations.

PART 5 - Enforcement

Head 65: Authorised officers

Head 66: Search warrants

Head 67: Indemnification of staff

Head 68: Proceedings and Prosecution of summary offences

Head 69: Authorised Officers of the Irish Aviation Authority

Head 70: Amend the Irish Aviation Authority Act to provide for application for Search

warrants

Head 71: Amend Irish Aviation Authority Act to provide for Indemnification of staff

Head 72: Amend the Irish Aviation Authority Act, 1993 to provide for fixed charge

offences

Head 73: Offences

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PART 6 - Transitional Provisions

Head 74: Continuance of certain instruments

Head 75: Continuance of pending legal proceedings

Head 76: Transfer of land

Head 77: Transfer of other property

Head 78: Transfer of rights and liabilities

Head 79: Transitional financial provisions

Head 80: Liability for loss occurring before vesting day

PART 7 – Miscellaneous and Amendments

Head 81: Charge of rates on property of ATM/ANS provider.

Head 82: Restriction of Worker Participation (State Enterprises) Acts, 1977 to 1991.

Head 83: Annual performance statements

Head 84: International peer review of regulatory performance

Head 85: Accountability of Authority to Committees of Oireachtas

PART 8 - Competent Authorities for the purposes of European Union

Regulations on aviation

Head 86: Designation of Irish Aviation Authority as Competent Authority

Schedules

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Air Navigation and Transport Bill

Long title

To provide for the establishment of a company, to be known as [insert name in Irish] or, in

the English language, the Irish Air Navigation Authority, to provide air navigation services in

relation to civil aviation, to define its functions and to provide for the conferral on it of

certain functions of the Irish Aviation Authority;

To provide for the transfer of the functions of air navigation service provision from the Irish

Aviation Authority to the Irish Air Navigation Authority;

To combine the aviation regulatory functions of the Irish Aviation Authority and the

Commission for Aviation Regulation;

To provide for the dissolution of the Commission for Aviation Regulation, and

To provide for related matters.

Index to the Bill

To be generated in due course by the Draftsman

Acts Referred to

To be generated in due course by the Draftsman

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PART 1

PRELIMINARY AND GENERAL

Head 1 - Short title

1) Provide that this Bill may be cited as the Air Navigation and Transport Bill 2019.

Explanatory note

This head contains a standard short title provision.

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Head 2 - Interpretation

1) Provide definitions for use in the Act:

“the Act of 1946” means the Air Navigation and Transport Act, 1946;

“the Act of 1988” means the Air Navigation and Transport Act, 1988;

“the Acts” means the Air Navigation and Transport Acts, 1936 to 1988;

‘aerodrome’ means a defined area, on land or on water, on a fixed, fixed offshore or

floating structure, including any buildings, installations and equipment thereon,

intended to be used either wholly or in part for the arrival, departure and surface

movement of aircraft;

“aeronautical communications services” means services providing communications

facilities for any purpose connected with aviation;

“air navigation services” includes services providing, giving or issuing information,

directions or instructions, or other facilities, for the purposes of or in connection with

the navigation or movement of aircraft;

“aircraft” means a machine that can derive support in the atmosphere from the

reactions of the air, other than the reactions of the air against the earth's surface;

“airspace” means the atmosphere above ground or sea level through which aircraft

can fly;

“authorised officer” means—

(a) an officer of the Permanent Defence Force holding a commissioned rank,

(b) an officer of the Minister,

(c) an officer of customs and excise, or

(d) a member of the staff of the ATM/ANS provider,

authorised in writing by the Minister to perform the functions conferred on authorised

officers by or under this Act;

“authorised officer of the ATM/ANS provider” means a person referred to in

paragraph (a), (b), (c) or (d) of the definition of “authorised officer” authorised in

writing by the ATM/ANS provider to perform the functions conferred on authorised

officers of the ATM/ANS provider by or under this Act;

“the Chicago Convention” means the Convention on International Civil Aviation

opened for signature at Chicago on the 7th day of December, 1944, and includes the

Annexes thereto and any amendment of the said Convention or Annexes whether

made before or after the commencement of this section and any Annexes added to the

Convention after such commencement;

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“the Chief Executive” means the chief executive of the ATM/ANS provider appointed

under [Draftsman to insert section number in due course];

“the ATM/ANS provider” means the company referred to in section [Draftsman to

insert section number in due course] entitled the Irish Air Navigation Authority;

“competent authority” means competent authority within the State for the purposes of

the European Union Regulations as set out in Schedules 1 and 2 to this Bill [new]

“contracting state” means a state, including the State, which is a party to Annex IV of

the Eurocontrol Convention

“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 ATM/ANS provider or the

Minister in respect of air navigation services or aeronautical communications services

provided by Eurocontrol, the ATM/ANS provider, the Minister or any other person;

“Effective Day” means the day upon which the dissolution of the Commission for

Aviation Regulation shall take effect in accordance with [Draftsman to insert section

number in due course] [new];

“Eurocontrol” means the European Organisation for the Safety of Air Navigation

established by the Eurocontrol Convention and references to Eurocontrol include

references to the General Assembly and the Council comprised in Eurocontrol and to

the Agency;”

“Eurocontrol Convention” means the International Convention relating to Co-

operation for the Safety of Air Navigation signed at Brussels on 13 December 1960,

as amended by the Additional Protocol signed at Brussels on 6 July 1970, the Protocol

signed at Brussels on 21 November 1978 and the Protocol signed at Brussels on 12

February 1981, as consolidated by the Protocol signed at Brussels on 27 June 1997,

(the consolidated text of which is set out for convenience of reference in the English

language in Schedule 1 to the Aviation Act 2006), the Final Act and Protocol on the

accession of the European Community to the Eurocontrol Convention signed at

Brussels on 8 October 2002 (the text of which is set out for convenience of reference

in the English language in Schedule 2 to the Aviation Act 2006), and by any other

protocol or other instrument which may be signed after the passing of the Aviation

Act 2006;

“functions” includes powers and duties, and references to the performance of

functions include, as respects powers and duties, references to the exercise of the

powers and the carrying out of the duties;

“the International Civil Aviation Organisation” means the organisation of that name

established by the Chicago Convention;

“Irish airspace” means the airspace within the lateral limits of the Shannon Flight

Information Region, and the Shannon Upper Flight Information Region, established

pursuant to the Chicago Convention;

“licence” means a licence granted by virtue of section 60 of the Irish Aviation

Authority Act, 1993, and cognate expressions shall be construed correspondingly;

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“land” includes land covered by water and “land areas” shall be construed

accordingly;

“the Minister” means the Minister for Transport, Tourism and Sport;

“operator”, in relation to an aircraft, means a person engaged, or proposing to engage,

in the operation of aircraft who is for the time being responsible for the management

of the aircraft;

“other airspace” means areas of airspace, other than Irish airspace, in which the

ATM/ANS provider is authorised pursuant to agreements with—

(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, or

(b) international organisations

or both, to provide air navigation services;

“owner”, in relation to an aircraft, means the person who is registered as the owner of

the aircraft in the register established under the Act of 1946, a register established

under section 60 of the Irish Aviation Authority Act, 1993 or a corresponding register

established in a state other than the State;

“the Principal Act” means the Air Navigation and Transport Act, 1936;

“recognised trade unions and staff associations” means trade unions and staff

associations recognised by the ATM/ANS provider 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—

(a) a disc, tape, sound-track or other device in which information, sounds or

signals are embodied so as to be capable (with or without the aid of some other

instrument) of being reproduced in legible or audible form,

(b) a film, tape or other device in which visual images are embodied so as to be

capable (with or without the aid of some other instrument) of being reproduced in

visual form, and

(c) a photograph,

and any reference to a copy of a record 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 a

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 ATM/ANS

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provider or the Minister in respect of air navigation services provided by

Eurocontrol, the ATM/ANS provider 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;

(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

question by another relevant authority;

“State aerodromes” means Cork Airport, Dublin Airport and Shannon Airport and

“State aerodrome” shall be construed accordingly;

“State authority” means a Minister of the Government, the Commissioners or an agent

of the Minister;

“subsidiary” means a subsidiary (within the meaning of section 7 of the Companies

Act, 2014) of the ATM/ANS provider;

“superannuation benefit” means a pension, gratuity or other allowance payable on

resignation, retirement or death;

“terminal services” means the air navigation services provided for aircraft landing at

or taking off from an aerodrome or while in the vicinity of an aerodrome before

landing at or after taking off from that aerodrome;

“the vesting day” means the day appointed under section [Draftsman to insert section

number in due course] to be the vesting day.

2) Provide that a reference in this Bill to a certificate or licence includes a reference to an

instrument of approval or other authorisation or permission and a reference in this Bill

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) Provide that a reference in this Bill to a section, Part or Schedule is a reference to a

section or Part of or the Schedule to this Bill unless it is indicated that reference to

some other enactment is intended.

4) Provide that a reference in this Bill to a subsection, paragraph or subparagraph is a

reference to the subsection, paragraph or subparagraph of the provision in which the

reference occurs, unless it is indicated that reference to some other provision is

intended.

5) Provide that a reference in this Bill to any enactment shall be construed as a reference

to that enactment as amended or adapted, whether before or after the commencement

of this section, by or under any subsequent enactment.

6) Provide that where any function of the ATM/ANS provider is, under the Constitution

or memorandum of association of a subsidiary, a function of the subsidiary, every

provision of, or of any instrument under, this Bill or any other enactment relating to

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the ATM/ANS provider shall, in respect of that function, apply to the subsidiary as it

applies to the ATM/ANS provider.

Explanatory Note

This Head contains definitions and terms used in the Bill. The definitions currently used in

relation to the same subject matter in the Irish Aviation Authority Act, 1993, continue to be

used for similar purposes in this Bill.

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Head 3 - Application to state aircraft

1) Provide that subject to the provisions of this Head, this Bill (other than this Head and

the Head on the designation of areas of Irish Airspace for use by the defence Forces)

shall not apply to state aircraft or to aerodromes under the control of the Minister for

Defence.

2) Provide that subject to the Defence Acts, 1954 to 1993, and the exigencies of the

security of the State, aircraft of the Defence Forces being operated in Irish airspace

outside a designated area (within the meaning the area designated by Head in relation

to the designation of areas of Irish Airspace for use by the defence Forces) shall be so

operated in accordance with any arrangements in force for the time being made by the

Minister for Defence and the Irish Aviation Authority.

3) Provide that aircraft being used for customs or police purposes of the State shall,

when being operated in Irish airspace, comply with any directions issued by the

airspace service provider unless, in the case of an emergency, such compliance is not

reasonably possible.

4) Provide that the Minister may by order declare that specified provisions of, or of

instruments under, this Act shall, with any specified modifications, apply to state

aircraft (other than state aircraft of the State), and any such provision so declared shall

apply and have effect accordingly.

5) Provide that in this Head “state aircraft” means aircraft of any state used in the

military, customs or police service of that state.

Explanatory note

This Head repeats an exemption set out in section 3 of the Irish Aviation Authority Act, 1993

in relation to state aircraft.

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Head 4 - Laying of orders and regulations before Houses of Oireachtas.

1) Provide that every order or regulation made by the Minister or the ATM/ANS

provider under this Bill, other than an order made by the Minister under Head 12,

shall be laid before each House of the Oireachtas as soon as may be after it is made

and, if a resolution annulling the order or regulation is passed by either such House

within the next subsequent 21 days on which that House has sat after the order or

regulation is laid before it, the order or regulation shall be annulled accordingly but

without prejudice to the validity of anything previously done thereunder.

Explanatory note

This Head contains standard laying of regulations and orders provisions. It repeats the

approach set out in current provisions that apply to the Irish Aviation Authority as set out in

section 6 of the IAA Act, 1993.

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Head 5 - Directions by Minister to ATM/ANS provider

1) Provide that the Minister may give a direction in writing to the ATM/ANS provider—

(a) requiring the ATM/ANS provider—

(i) to comply with policy decisions of a general kind made by the

Government in relation to aviation in so far as the decisions affect

functions of the ATM/ANS provider, or

(ii) to do or refrain from doing anything to which a function of the ATM/ANS

provider relates specified in the direction the doing, or the refraining from

the doing, of which is, in the opinion of the Minister, necessary or

expedient in the national interest or for the purpose of enabling the

Government or the State to become a member of an international

organisation whose principal function or one of whose principal functions

relates to air navigation or a party to an international agreement relating

wholly or mainly to air navigation or to discharge its obligations as a

member of such an organisation or as a party to such an agreement,

(b) whenever the Minister is satisfied that the interests of the State or the public so

require, requiring the ATM/ANS provider to achieve and maintain, in relation to

the measures taken by it and the human and material resources employed by it

for the purpose of safeguarding civil aviation against acts of unlawful

interference, standards not lower than those specified.

2) Provide that if the ATM/ANS provider considers that compliance by it with a

direction under this Head would adversely affect the safety of aircraft, it shall so

inform the Minister.

3) Provide that the ATM/ANS provider shall comply with a direction under this section.

Explanatory note

This Head provides that the Minister may give general policy directions to the ATM/ANS

provider in relation to the performance of its functions and also in relation to matters relating

to the State’s international obligations with which the ATM/ANS provider shall comply. It

repeats the approach set out in current provisions that apply to the Irish Aviation Authority as

set out in section 7 of the IAA Act, 1993.

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Head 6 - Disposal of monies received by Minister

1) Provide that monies received by the Minister under this Bill shall be paid into or

disposed of for the benefit of the Exchequer in such manner as the Minister for Public

Expenditure and Reform may direct.

Explanatory note

This Head contains standard disposal of monies received by a Minister provisions. It repeats

the approach set out in current provisions that apply to the Irish Aviation Authority as set out

in section 8 of the IAA Act, 1993.

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Head 7 - Expenses

1) Provide that the expenses incurred by the Minister in the execution of this Act shall,

to such extent as may be sanctioned by the Minister for Public Expenditure and

Reform, be paid out of monies provided by the Oireachtas.

Explanatory note

This Head contains standard expenses of a Minister provisions. It repeats the approach set out

in current provisions that apply to the Irish Aviation Authority as set out in section 9 of the

IAA Act, 1993.

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PART 2

Establishment of Irish Air Navigation Authority and dissolution of the

Commission for Aviation Regulation

Chapter 1 - Establishment and Administration of ATM/ANS provider

Head 8 - Formation of ATM/ANS provider

1) To provide that the Minister, after consultation with the Minister for Public

Expenditure and Reform, shall cause a private company conforming to the conditions

laid down in this Act to be formed and registered under the Companies Act 2014.

2) To provide that the Minister shall by order appoint a day to be the vesting day for the

purposes of this Bill as soon as practicable after the registration of the ATM/ANS

provider under the Companies Act 2014.

Explanatory note

This Head provides for the formation of a limited company under the Companies Acts.

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Head 9 - Name and capital formation of ATM/ANS provider

1) To provide that the name of the ATM/ANS provider shall be [insert name in Irish] or,

in the English language, the Irish Air Navigation Authority.

2) To provide that the authorised share capital of the ATM/ANS provider shall be such

amount as may be determined from time to time by the Minister for Public

Expenditure and Reform, after consultation with the Minister, divided into shares of

one euro each.

3) To provide that Section 26(1) of the Companies Act, 2014, shall not apply to the

ATM/ANS provider.

Explanatory note

This Head provides for the naming of the ATM/ANS provider, provides for the determination

of the authorised share capital of the ATM/ANS provider by the Minister for Public

Expenditure and Reform, and that it is exempt from ending its name with the word “limited”

or “teoranta”. This repeats the approach set out in current provisions that apply to the Irish

Aviation Authority as set out in section 12 of the IAA Act, 1993.

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Head 10 - Form of memorandum of association.

1) Provide that the Constitution or memorandum of association of the ATM/ANS

provider and of any subsidiary shall be in such form consistent with this Act as may

be approved of by the Minister with the consent of the Minister for Public

Expenditure and Reform.

Explanatory note

This Head provides for the incorporation of the ATM/ANS provider in accordance with the

provisions of this Bill as approved by the Minister with the consent of the Minister for Public

Expenditure and Reform. It repeats the approach set out in current provisions that apply to the

Irish Aviation Authority as set out in section 13 of the IAA Act, 1993.

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Head 11 - Objects of ATM/ANS provider

1) Provide that the principal objects of the ATM/ANS provider shall be stated in its

memorandum of association to be—

(a) to operate and manage air navigation services in a safe and efficient manner and

to facilitate their use,

(b) subject to Section 68 of the Act of 1993 on designation of airspace for military

use, to provide, operate and manage, or arrange for the provision, operation and

management of, air navigation services in Irish and other airspace,

(c) to such extent as the ATM/ANS provider considers appropriate, to operate and

manage terminal services at State aerodromes and licensed aerodromes

(d) to provide, operate and manage aeronautical communications services in

accordance with the agreement set out in the Exchange of Notes between the

Government of Ireland and the Government of the United Kingdom relating to

the Oceanic Control Centres at Shannon and Prestwick which entered into force

on the 1st day of April, 1966, and any agreement, whether made before or after

the commencement of this section, amending or replacing that agreement and to

provide, operate and manage other aeronautical communications services,

(e) to impose charges for the use of services provided by the ATM/ANS provider,

(f) to advise, on its own initiative or at the request of the Minister, the Government,

the Minister or another Minister of the Government or any other person in

relation to any matter to which a function of the ATM/ANS provider relates,

(g) to take such measures as it considers necessary or expedient to give effect to the

purposes of—

(i) the Eurocontrol Convention,

(ii) international agreements or conventions to which the State is a party,

in so far as those purposes relate to matters to which functions of the ATM/ANS

provider relate,

(h) to attend (by its directors or staff) whether alone or with others, at meetings with,

or arranged or organised by, international organisations or governments of other

states in so far as the meetings relate to matters to which functions of the ANSP

company relate.

(i) to undertake research and development respecting the environment, and branches

of science, in so far as the research and development relates to matters to which

functions of the ATM/ANS provider relate, on its own behalf or on behalf of

others,

(j) to undertake, or participate with others, including governments of other states, in,

activities which are related to matters to which its functions relate, are consistent

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with its other objects and will, in the opinion of the ATM/ANS provider, enhance

its effectiveness and profitability,

(k) to provide, in relation to matters to which its functions relate, such consultancy,

advisory and training services in and outside the State as the ATM/ANS provider

thinks fit, and

(l) to utilise, manage and develop the resources available to it in a manner consistent

with the objects aforesaid.

2) Provide that nothing in this Head shall prevent or restrict the inclusion among the

objects of the ATM/ANS provider, as stated in its memorandum of association, of all

such objects and powers as are reasonably necessary or proper for or incidental or

ancillary to the due attainment of the principal objects aforesaid and are not

inconsistent with this Bill or with the active promotion of air navigation safety and the

orderly development of civil aviation.

3) Provide that the Minister may, for the purpose of giving full effect to the conferral of

functions by or under this Bill on the ATM/ANS provider, by order adapt any

enactment with the consent of any other Minister of the Government responsible for

the administration of that enactment.

4) Provide that any function conferred on the ATM/ANS provider by or under this Bill

and which, immediately before the commencement of this section, was a function of

the Irish Aviation Authority or the Minister shall, upon such commencement, cease to

be a function of the Irish Aviation Authority or the Minister.

Explanatory note

This Head sets out the purpose of ATM/ANS provider through its objects namely, to provide

for air navigation and communications services within the State and State controlled airspace,

to engage in related activities, including aviation related business, to manage and develop its

assets and exploit commercial opportunities and to generally conduct its affairs properly and

prudently. It repeats the approach set out in current provisions that apply to the Irish

Aviation Authority as set out in section 14 of the IAA Act, 1993, in so far at the provisions of

that section relate to the functions of the ATM/ANS provider.

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Head 12 - Conferral of additional functions on ATM/ANS provider

1) Provide that the Minister may, if he so thinks fit, by order—

(a) confer on the ATM/ANS provider such additional functions relating to civil

aviation airspace and connected with the functions for the time being of the

ATM/ANS provider as he considers appropriate, and

(b) make such provision as he considers necessary or expedient in relation to matters

ancillary to or arising out of the conferral on the ATM/ANS provider of functions

under this Head or the performance by the ATM/ANS provider of functions so

conferred.

Explanatory note

This Head allows the Minister to assign to the ATM/ANS provider, by order, any additional

functions deemed necessary to achieve its purposes, provided they are connected with its

legislated functions. It repeats the approach set out in current provisions that apply to the Irish


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Head 13 - General duty of ATM/ANS provider

1) Provide that it shall be the general duty of the ATM/ANS provider—

to conduct its affairs so as to ensure that the revenues of the ATM/ANS provider

are not less than sufficient taking one year with another to -

(i) meet all charges and costs which are properly chargeable to its revenue

account,

(ii) generate the capital it requires, and

(iii) remunerate its capital and pay interest on and repay its borrowings, and

(b) to conduct its business at all times in a cost-effective and efficient manner.

2) Provide that nothing in the Head on the ATM/ANS provider’s objects or this section

shall be construed as imposing on the ATM/ANS provider, either directly or

indirectly, any form of duty or liability enforceable by proceedings before any court to

which it would not otherwise be subject.

Explanatory note

Includes standard provisions relating to the management and development of the ATM/ANS

provider’s assets and operations and requiring it to generally conduct its affairs properly and

prudently to ensure its revenues cover its costs. It repeats the approach set out in current

provisions that apply to the Irish Aviation Authority as set out in section 16 of the IAA Act,

1993.

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Head 14 - Articles of association

1) Provide that the Constitution or the articles of association of the ATM/ANS provider

shall be in such form consistent with this Bill as may be approved of by the Minister

with the consent of the Minister for Public Expenditure and Reform.

2) Provide that the articles of association of the ATM/ANS provider shall provide that—

(a) the number of directors (including the chairman) shall be 9;

(b) the chairman and other directors shall be appointed and may be removed from

office by the Minister with the consent of the Minister for Public Expenditure

and Reform;

(c) subject to subparagraph (ii), each director (including the chairman) shall be

appointed for a period of 4 years and shall be eligible for reappointment,

(d) of the first directors, other than the chairman, 2, who shall be selected by lot at

the first meeting of the directors, shall hold office for a period of 1 year, 2,

who shall be selected as aforesaid, shall hold office for a period of 2 years, 2,

who shall be selected as aforesaid, shall hold office for a period of 3 years and

2, who shall be selected as aforesaid, shall hold office for a period of 4 years;

(e) the directors may act notwithstanding one or more vacancies in their number;

(f) the remuneration and allowances for expenses of the chairman and other

directors shall be determined by the Minister with the consent of the Minister

for Public Expenditure and Reform;

(g) a person shall not be appointed as auditor of the ATM/ANS provider without

the approval of the Minister given with the consent of the Minister for Public

Expenditure and Reform;

(h) the ATM/ANS provider shall, in consultation with recognised trade unions

and staff associations, establish machinery for the purposes of negotiations

concerned with the pay and conditions of service of its staff;

(i) the ATM/ANS provider may, with the approval of the Minister given with the

consent of the Minister for Public Expenditure and Reform, acquire or

establish subsidiaries or invest in other undertakings for the purpose of

carrying out its objects as stated in its memorandum of association, and may

assign any of its functions to subsidiaries;

(j) the ATM/ANS provider shall not dispose of a subsidiary to which a function

specified in paragraphs (a) to (k) of the objects Head stands assigned;

27


(k) the aggregate amount standing invested (whether by the purchase of shares or

the provision of loans or guarantees of loans) by the ATM/ANS provider in

enterprises (including subsidiaries) shall not exceed €25,000,000 without the

approval of the Minister given with the consent of the Minister for Public

Expenditure and Reform, investments such as aforesaid by a subsidiary being

regarded for the purposes of this paragraph as investments of the ATM/ANS

provider.

Explanatory note

This Head provides for the incorporation of the ATM/ANS provider in accordance with the

provisions of this Bill as approved by the Minister with the consent of Minister for Public

Expenditure and Reform. It contains provisions relating to the appointment of the members of

the board of the ATM/ANS provider. The board will consist of not more than 9 members

appointed by the Minister with the consent of the Minister for Public Expenditure and

Reform. This section also contains standard provisions with regard to removal and cessation

of membership of the board and the filling of casual vacancies as well as remuneration and

expenses of board members. It repeats the approach set out in current provisions that apply to

the Irish Aviation Authority as set out in section 17 of the IAA Act, 1993.

28


Head 15 - Restriction on alteration of memorandum or articles of association

1) Provide that notwithstanding anything contained in the Companies Act 2014 an

alteration in the memorandum of association or articles of association of the

ATM/ANS provider or of a subsidiary shall not be valid or effectual unless made with

the prior approval of the Minister given with the consent of the Minister for Public


Explanatory note

Repeats the approach set out in current provisions that apply to the Irish Aviation Authority

as set out in section 18 of the IAA Act, 1993.

29


Head 16 - Issue of shares, and creation of debt due, to Minister for Public Expenditure

and Reform in consideration of transfer of property

1) Provide that the ATM/ANS provider shall issue to the Minister for Public Expenditure

and Reform on the vesting day such number of shares in the share capital of the

ATM/ANS provider as may be agreed upon by the Minister and the Minister for

Public Expenditure and Reform and may from time to time thereafter issue to the

Minister for Public Expenditure and Reform such number of shares of the ATM/ANS

provider as may be so agreed upon.

2) Provide that the Minister shall, with the consent of the Minister for Public

Expenditure and Reform, issue to the ATM/ANS provider on or before the vesting

day a certificate stating the amount which in the opinion of the Minister represents the

value of the property to be transferred to the ATM/ANS provider pursuant to the

Heads on transfer of land, transfer of other property and transfer of rights and

liabilities on the vesting day.

3) Provide that on the vesting day an amount equal to the value of the property aforesaid

less the nominal value of the shares of the ATM/ANS provider issued to the Minister

for Public Expenditure and Reform under this Head on the vesting day shall become

and be a debt due by the ATM/ANS provider to the Minister for Public Expenditure

and Reform and the debt shall be subject to such terms and conditions (including

terms and conditions in relation to its repayment and payment of interest thereon) as

may be determined by the Minister for Public Expenditure and Reform.

4) Provide that if property is transferred to the ATM/ANS provider under the Head in

relation to the transfer of land after the vesting day, the Minister shall, with the

consent of the Minister for Public Expenditure and Reform, issue as soon as may be to

the ATM/ANS provider a certificate stating the amount which in his opinion

represents the value of the property and, upon such issue, an amount equal to the

amount aforesaid shall become and be a debt due by the ATM/ANS provider to the

Minister for Public Expenditure and Reform and the debt shall be subject to such

terms and conditions (including terms and conditions in relation to its repayment and

payment of interest thereon) as may be determined by the Minister for Public


30


Explanatory note



31


Head 17 - Issue of share to Minister

1) Provide that the ATM/ANS provider shall issue to the Minister one share of one euro

(€1.00) in the share capital of the ATM/ANS provider.

2) Provide that the Minister may exercise in respect of his share in the share capital of

the ATM/ANS provider all the rights and powers of a holder of such shares and,

where a right or power is exercisable by attorney, exercise it by his attorney.

3) Provide that the cost of such share shall be advanced to the Minister out of the Central

Fund or the growing produce thereof.

4) Provide that the Minister shall not transfer or alienate his share in the share capital of

the ATM/ANS provider.

Explanatory note



32


Head 18 - Issue of shares to subscribers to memorandum of association of ATM/ANS

provider

1) Provide that the ATM/ANS provider shall issue one share of one euro (€1.00) in the

share capital of the ATM/ANS provider to each of the subscribers to the

memorandum of association of the ATM/ANS provider.

2) Provide that the cost of such shares shall be advanced to the subscribers out of the

Central Fund or the growing produce thereof.

Explanatory note



33


Head 19 - Exercise of powers by Minister for Public Expenditure and Reform in respect

of shares

1) Provide that the Minister for Public Expenditure and Reform may, subject to this Bill,

exercise in respect of the shares of the ATM/ANS provider held by him all the rights

and powers of a holder of such shares and, where a right or power is exercisable by

attorney, exercise it by his attorney.

Explanatory note



34


Head 20 - Transfer by Minister for Public Expenditure and Reform of shares

1) Provide that the Minister for Public Expenditure and Reform may, from time to time

as occasion requires, for the purpose of compliance with so much of the Companies

Act 2014, as requires that there shall always be a minimum number of members of the

ATM/ANS provider, transfer to any person one of his shares in the share capital of the

ATM/ANS provider.

2) Provide that Save as authorised by this Head, the Minister for Public Expenditure and

Reform shall not transfer or alienate his shares in the share capital of the ATM/ANS

provider.

Explanatory note



35


Head 21 - Obligation of certain shareholders to hold shares in trust

1) Provide that a member of the ATM/ANS provider to whom a share in the share

capital of the ATM/ANS provider is issued as a subscriber or transferred by the

Minister for Public Expenditure and Reform or this section shall hold that share in

trust for the Minister for Public Expenditure and Reform and shall accordingly be

bound to pay all dividends and other money which he receives in respect of the share

to the Minister for Public Expenditure and Reform for the benefit of the Exchequer

and to transfer, as and when required by the Minister for Public Expenditure and

Reform, the share to him or a person nominated in that behalf by him.

2) Provide that save when required pursuant to this Head, such member shall not transfer

or alienate his share in the share capital of the ATM/ANS provider.

3) Provide that upon the death of a member of the ATM/ANS provider referred to in this

Head, the share in the share capital of the ATM/ANS provider held by such member

shall, without the necessity for a transfer, vest in the Minister for Public Expenditure

and Reform.

Explanatory note

This Head sets out duties and obligations of persons who hold a share in the ATM/ANS

provider in trust for the Minister for Public Expenditure and Reform. It repeats the approach

set out in current provisions that apply to the Irish Aviation Authority as set out in section 24

of the IAA Act, 1993.

36


Head 22 - Payment of dividends, etc., into Exchequer

1) Provide that all amounts representing dividends or other money received by the

Minister for Public Expenditure and Reform in respect of shares held by him in the

share capital of the ATM/ANS provider and all amounts representing repayment of or

interest on repayable advances received or recovered by him from the ATM/ANS

provider shall be paid into or disposed of for the benefit of the Exchequer in such

manner as he may direct.

Explanatory note

This Head provides for the payment of dividends by the ATM/ANS provider to the Minister

for Public Expenditure and Reform. It repeats the approach set out in current provisions that

apply to the Irish Aviation Authority as set out in section 25 of the IAA Act, 1993.

37


Head 23 - Borrowing by ATM/ANS provider and subsidiaries

1) Provide that subject to the consent of the Minister and the Minister for Finance, the

ATM/ANS provider or a subsidiary may, whether by means of the issue of debentures

or otherwise, borrow money (including money in a currency other than the currency

of the State) for capital purposes including working capital from persons other than

the Minister for Finance.

2) Provide that the aggregate at any one time of borrowings under paragraph (1) shall not

exceed €100 million.

3) Provide that the ATM/ANS provider or a subsidiary may borrow money (including

money in a currency other than the currency of the State) temporarily but the

aggregate standing unrepaid at any time of such borrowings shall not exceed such

amount as may stand approved for the time being by the Minister and the Minister for

Finance.

4) Provide that or the purposes of this Head, monies borrowed in a currency other than

the currency of the State shall be deemed to be the equivalent in the currency of the

State of the actual monies borrowed, such equivalent being calculated at the rate of

exchange prevailing at the time of the borrowing for that currency and the currency of

the State.

Explanatory note

This Head provides that the ATM/ANS provider or a subsidiary may borrow money with the

approval of the Minister given with the consent of the Minister and the Minister for Finance

subject to an aggregate limit of €100 million. It repeats the approach set out in current

provisions that apply to the Irish Aviation Authority as set out in section 26 of the IAA Act,

1993.

38


Head 24 - Guaranteeing by Minister for Finance of borrowing by ATM/ANS provider

1) Provide that in relation to borrowings by the ATM/ANS provider, the Minister for

Finance, after consultation with the Minister, may guarantee, in such form and

manner and in such money (including money in a currency other than the currency of

the State) and on such terms and conditions as he thinks fit, the due repayment by the

ATM/ANS provider of the principal of any money borrowed by the ATM/ANS

provider or the due payment of instalments or other amounts of money owed by the

ATM/ANS provider under a contract entered into by the ATM/ANS provider or the

payment of interest on any money, instalment or amount or both the repayment of

principal or payment of such instalments or amounts, as the case may be, and the

payment of the interest, and any such guarantee may include a guarantee of payment

of commission and incidental expenses arising in connection with such borrowings or

such contract.

2) Provide that the Minister for Finance shall not so exercise the powers conferred on

him by this Head that the amount, or the aggregate amount, of money which he may

at any one time be liable to pay on foot of any guarantee or guarantees under this

Head for the time being in force, together with the amount of money (if any) which he

had previously paid on foot of any guarantee under this section and which has not

been repaid by the ATM/ANS provider, exceeds €80 million.

3) Provide that for the purpose of calculating the amount of borrowings or instalments or

other money guaranteed by the Minister for Finance under this section by reference to

the limit on money in this Head, the equivalent in the currency of the State of

borrowings or instalments or other money in a foreign currency shall be calculated at

the rate of exchange prevailing at the time of the giving of the guarantee for that

currency and the currency of the State.

4) Provide that where a guarantee under this section is or has been given, the ATM/ANS

provider shall, if the Minister for Finance so requires, give to him such security

(including, in particular, debentures) as may be specified in the requirement for the

purpose of securing to the said Minister the repayment of any money which he may

be liable to pay or has paid under the guarantee.

5) Provide that the Minister for Finance shall, as soon as may be after the expiration of

every financial year, lay before each House of the Oireachtas a statement setting out

with respect to each guarantee under this section given during that year or given at

any time before, and in force at, the commencement of that year—

(a) particulars of the guarantee,

(b) in case any payment has been made by him under the guarantee before the end of

that year, the amount of the payment and the amount (if any) repaid to him on foot

of the payment, and

39


(c) the amount of money covered by the guarantee which was outstanding at the end

of that year.

6) Provide that money paid by the Minister for Finance under a guarantee under this

Head shall be repaid to him (with interest thereon at such rate or rates as he appoints)

by the ATM/ANS provider within such period from the date of payment by the

Minister for Finance as may be specified by him after consultation with the

ATM/ANS provider.

7) Provide that where the whole or any part of the money required by this Head to be

repaid to the Minister for Finance has not been repaid in accordance with that

subsection, the amount so remaining outstanding shall be repaid to the Central Fund

out of moneys provided by the Oireachtas.

8) Provide that notwithstanding the provision of money under this Head to repay an

amount to the Central Fund, the ATM/ANS provider shall remain liable to the

Minister for Finance in respect of that amount and that amount (together with interest

thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to the

Minister for Finance by the ATM/ANS provider at such times and in such instalments

as he appoints and, in default of repayment as aforesaid and without prejudice to any

other method of recovery, shall be recoverable by him from the ATM/ANS provider

as a simple contract debt in any court of competent jurisdiction.

9) Provide that in relation to a guarantee under this section in money in a currency other

than the currency of the State—

(a) each of the references to principal, each of the references to instalments or other

amounts of money, each of the references to interest and the reference to

commission and incidental expenses in this Head shall be taken as referring to the

equivalent in the currency of the State of the actual principal, the actual

instalments or other amounts of money, the actual interest or the actual

commission and incidental expenses, as may be appropriate;

(b) the reference above to the amount of money covered by the guarantee which was

outstanding at the end of that year shall be taken as referring to the equivalent in

the currency of the State of the actual amount of money, such equivalent being

calculated according to the rate of exchange prevailing for the time being for that

currency and the currency of the State;

(c) each of the references to money in the provisions above relating to payment by the

Minister shall be taken as referring to the cost in the currency of the State of the

actual money.

Explanatory note



40


Head 25 - Provision of money for payments out of Central Fund

1) Provide that all money from time to time required by the Minister for Finance to meet

sums which may become payable by him under the Heads relating to the guaranteeing

of borrowing by the ATM/ANS provider or loans by him to the ATM/ANS provider

for the purposes of working capital shall be advanced out of the Central Fund or the

growing produce thereof.

2) Provide that the Minister for Finance may, for the purpose of providing for advances

out of the Central Fund under this Head, borrow on the security of the Central Fund or

the growing produce thereof any sums required for the purpose and, for the purpose of

such borrowing, he may create and issue securities bearing interest at such rate and

subject to such conditions as to repayment, redemption or any other matter as he

thinks fit, and shall pay all sums so borrowed into the Exchequer.

3) Provide that the principal of and interest on all securities issued under this section and

the expenses incurred in connection with the issue of the securities shall be charged

on and payable out of the Central Fund or the growing produce thereof.

Explanatory note



41


Head 26 - Accounts and audits

1) Provide that without prejudice to the requirements of the Companies Act, 2014, in

relation to balance sheets and accounts, the ATM/ANS provider shall keep, in such

form as may be approved of by the Minister with the consent of the Minister for

Public Expenditure and Reform, all proper and usual accounts of all money received

by or expended by it, including a profit and loss account, an account showing the

derivation of the funds of the ATM/ANS provider and the purposes to which they are

applied (referred to below as “the cash flow statement”) and a balance sheet, and shall

also keep in such form as aforesaid all such special accounts as the Minister may from

time to time direct.

2) Provide that accounts kept in pursuance of this section shall be submitted annually by

the ATM/ANS provider to an auditor for audit and, immediately after the audit, a

copy of the profit and loss account, the cash flow statement, the balance sheet and

such other (if any) of the accounts kept by the ATM/ANS provider as the Minister

may direct and a copy of the auditor's report on the accounts shall be presented to the

Minister who shall cause copies thereof to be laid before each House of the

Oireachtas.

Explanatory note

This Head is a standard provision for State companies in relation to the submission of annual,

audited accounts to the Minister, which the Minister will subsequently lay before each House

of the Oireachtas. It repeats the approach set out in current provisions that apply to the Irish


42


Head 27 - Annual report and furnishing of information to Minister

1) Provide that not later than 6 months after the end of each accounting year, the

ATM/ANS provider shall submit a report in writing to the Minister of its activities

and those of any subsidiaries during that year and, not later than 3 months after such

submission, the Minister shall cause copies of the report to be laid before each House

of the Oireachtas.

2) Provide that a report of the ATM/ANS provider under this section shall include

information, in such form as the Minister may direct after consultation with the

ATM/ANS provider and with the consent of the Minister for Public Expenditure and

Reform, regarding the operations, cost-effectiveness and financial targets of the

ATM/ANS provider and any subsidiaries.

3) Provide that the ATM/ANS provider shall, if so required by the Minister, furnish to

him such information as he may require in respect of any balance sheet or other

account or any report of the ATM/ANS provider or any subsidiaries or in relation to

the policy and operations (other than day-to-day operations) of the ATM/ANS

provider or any subsidiaries.

Explanatory note

This Head is a standard provision for State companies in relation to the submission of an

annual report to the Minister, which the Minister will subsequently lay before each House of

the Oireachtas. It repeats the approach set out in current provisions that apply to the Irish


43


Head 28 - Disclosure by directors of certain interests

1) Provide that where at a meeting of the directors of the ATM/ANS provider or any

subsidiary any of the following matters arises, namely—

(a) an arrangement to which the ATM/ANS provider or a subsidiary is a party or a

proposed such arrangement,

(b) a contract or other agreement with the ATM/ANS provider or a subsidiary or a

proposed such contract or other agreement,

then, any director of the ATM/ANS provider or the first-mentioned subsidiary present

at the meeting who otherwise than in his capacity as such a director is in any way,

whether directly or indirectly, interested in the matter—

(I) shall at the meeting disclose to the ATM/ANS provider or the first-mentioned

subsidiary the fact of such interest and the nature thereof,

(II) shall absent himself from the meeting or that part of the meeting during which the

matter is discussed,

(III) shall take no part in any deliberations of the directors relating to the matter, and

(IV) shall not vote on a decision relating to the matter.

2) Provide that where an interest is disclosed pursuant to this Head, the disclosure shall

be recorded in the minutes of the meeting concerned and, for so long as the matter to

which the disclosure relates is being dealt with by the meeting, the director by whom

the disclosure is made shall not be counted in the quorum for the meeting.

3) Provide that where at a meeting of the directors of the ATM/ANS provider or a

subsidiary a question arises as to whether or not a course of conduct, if pursued by a

director of the ATM/ANS provider or the subsidiary, would constitute a failure by

him to comply with the requirements of this Head, the question may be determined by

the chairman of the meeting whose decision shall be final and where such a question

is so determined, particulars of the determination shall be recorded in the minutes of

the meeting.

4) Provide that where the Minister is satisfied that a director has contravened this Head,

he may, if he thinks fit, and with the consent of the Minister for Public Expenditure

and Reform, remove that director from office and, in case a person is removed from

office pursuant to this subsection, he shall thenceforth be disqualified from being a

director of the ATM/ANS provider or a subsidiary.

5) Provide that section 231 of the Companies Act, 2014, regarding the duty of a director

to disclose his interest in contracts made by the ATM/ANS provider, shall not apply

to a director of the ATM/ANS provider or a subsidiary.

44


6) Provide that a person who fails to comply with this section shall be guilty of an

offence.

7) Provide that nothing in this section shall be taken to prejudice the operation of any

rule of law restricting directors of an ATM/ANS provider from having any interest in

contracts with the ATM/ANS provider.

Explanatory note

This Head provides for the procedures to be followed in the event that a director of the

ATM/ANS provider or of a subsidiary has an interest in any arrangements, contracts, leases,

approvals, etc that are under consideration by the board of the ATM/ANS provider or a

subsidiary. In the event of a failure to comply with these procedures the Minister may remove

a director from office. It repeats the approach set out in current provisions that apply to the


45


Head 29 - Disclosure by members of staff of certain interests

1) Provide that;

(a) where a member of the staff of the ATM/ANS provider or a subsidiary has an

interest, otherwise than in his capacity as such a member, in any contract,

agreement or arrangement, or proposed contract, agreement or arrangement, to

which the ATM/ANS provider or the subsidiary is a party, he shall –

(i) disclose to the ATM/ANS provider or the subsidiary, as the case may be,

his interest and the nature thereof,

(ii) take no part in the negotiation of the contract, agreement or arrangement or

in any deliberation by directors or members of the staff of the ATM/ANS

provider or the subsidiary in relation thereto or in relation to the matter

aforesaid, and

(iii) make no recommendation in relation to the contract, agreement or

arrangement or the matter aforesaid.

(b) Paragraph (a) does not apply to contracts, or proposed contracts, of employment

of members of the staff of the ATM/ANS provider with the ATM/ANS provider

or of a subsidiary with a subsidiary.

2) Provide that a person who contravenes this Head shall be guilty of an offence.

Explanatory note

This Head provides for the procedures to be followed in the event that a member of staff of

the ATM/ANS provider or of a subsidiary has an interest, other than in his/her capacity as a

staff member, in any arrangements, contracts, leases, approvals, etc to which the ATM/ANS

provider or subsidiary is a party. Failure to comply with these procedures is an offence. This

Head repeats the approach set out in current provisions that apply to the Irish Aviation

Authority as set out in section 34 of the IAA Act, 1993.

46


Head 30 - Prohibition on unauthorised disclosure of information

1) Provide that a person shall not disclose confidential information obtained by him

while performing duties as a director or member of the staff of, or an adviser or

consultant to, the ATM/ANS provider or a subsidiary unless he is duly authorised by

the ATM/ANS provider or the subsidiary, as the case may be, or by a member of the

staff of the ATM/ANS provider or the subsidiary, as the case may be, duly authorised

in that behalf, to do so.

2) Provide that a person who contravenes this Head shall be guilty of an offence.

3) Provide that in this section “confidential” means that which is expressed by the

ATM/ANS provider or the subsidiary concerned, as the case may be, to be

confidential either as regards particular information or as regards information of a

particular class or description.

Explanatory note



47


Head 31 - Membership of either House of Oireachtas or European Parliament

1) Provide that where a director of the ATM/ANS provider is—

(a) nominated as a member of Seanad Éireann, or

(c) elected as a member of either House of the Oireachtas or to the European

Parliament, or

(d) regarded pursuant to section 15 (inserted by the European Assembly Elections

Act, 1984) of the European Assembly Elections Act, 1977, as having been elected

to such Parliament to fill a vacancy, [the references to these Acts may need

updating]

he shall thereupon cease to be a director of the ATM/ANS provider.

2) Provide that where a person employed by the ATM/ANS provider is -

(b) nominated as a member of Seanad Éireann, or

(c) elected as a member of either House of the Oireachtas or to the European

Parliament, or

(d) regarded pursuant to the said section 15 as having been elected to such Parliament

to fill a vacancy,

he shall thereupon stand seconded from employment by the ATM/ANS provider and

shall not be paid by, or be entitled to receive from, the ATM/ANS provider any

remuneration or allowances in respect of the period commencing on such nomination

or election, or when he is so regarded as having been elected (as the case may be), and

ending when he ceases to be a member of either such House or such Parliament.

3) Provide that where a person who is for the time being entitled under the Standing

Orders of either House of the Oireachtas to sit therein or who is a member of the

European Parliament shall, while he is so entitled or is such a member, be disqualified

for becoming a director of the ATM/ANS provider or for employment in any capacity

by the ATM/ANS provider.

4) Provide that without prejudice to the generality of this Head, the provision above in

relation to the secondment of staff elected within the meaning of this Head shall be

construed as prohibiting the reckoning of a period therein mentioned as service with

the ATM/ANS provider for the purpose of any pensions, gratuities or other

allowances payable on resignation, retirement or death.

48


Explanatory note

This Head contains standard provisions relating to the effect on members of the board or on

staff members of the ATM/ANS provider of holding political office, either at national or

European level. It repeats the approach set out in current provisions that apply to the Irish


49


Head 32 - Chief Executive

1) Provide that there shall be a chief executive of the ATM/ANS provider (who shall be

known as and is referred to in this Act as “the Chief Executive”).

2) Provide that the first Chief Executive shall be the existing CEO of the Irish Aviation

Authority and shall be appointed by the Minister for a period not exceeding 7 years

and may be removed from office by the Minister during that period.

3) Provide that the first Chief Executive may be reappointed, and thereafter may be

removed from office, by the directors of the ATM/ANS provider, after consultation

with the Minister.

4) Provide that each subsequent Chief Executive shall be appointed and may be removed

from office by the directors of the ATM/ANS provider after consultation with the

Minister.

5) Provide that the functions of the Chief Executive shall be to -

(a) carry on, manage and control generally the administration of the ATM/ANS

provider,

(b) advise the directors of the ATM/ANS provider on any matter relating to or

affecting the technical or safety standards specified in reports by the ATM/ANS

provider of its technical or safety standards, and

(c) advise the directors of the ATM/ANS provider in relation to the performance of

the other functions of the ATM/ANS provider and, in particular, but without

prejudice to the generality of the foregoing, in relation to the making of orders and

regulations, and the giving of directions, by the ATM/ANS provider,

subject to the lawful directions of the directors of the ATM/ANS provider.

6) Provide that the Chief Executive shall hold office upon and subject to such terms and

conditions (including terms and conditions relating to remuneration and allowances)

as may be determined by the directors of the ATM/ANS provider after consultation

with the Minister and with the consent of the Minister for Public Expenditure and

Reform.

50


Explanatory note

This Head provides for the appointment of a chief executive of the ATM/ANS provider. The

chief executive will be appointed by the board of the ATM/ANS provider and will hold office

subject to terms and conditions as determined by the board subject to consultation with the

Minister and the consent of the Minister for Public Expenditure and Reform. The person

serving as CEO of the Irish Aviation Authority on enactment of the Bill shall become the first

CEO of the ATM/ANS provider. This Head repeats the approach in relation to the

appointment of the Chief Executive as set out in current provisions that apply to the Irish


51


Head 33 - Remuneration, etc., of staff

1) Provide that without prejudice to the requirements of the Head providing for the

transfer of staff of the Irish Aviation Authority to the ATM/ANS provider, the

ATM/ANS provider, in determining the remuneration or allowances for expenses to

be paid to members of its staff or the other terms or conditions subject to which such

members hold or are to hold their employment, shall have regard to Government or

nationally agreed guidelines which are for the time being extant or to Government

policy concerning remuneration and conditions of employment which is so extant and,

in addition to the foregoing, the ATM/ANS provider shall comply with any directives

with regard to such remuneration, allowances, terms or conditions which the Minister

may give to the ATM/ANS provider with the consent of the Minister for Public


Explanatory note

This Head provides for the ATM/ANS provider to appoint the staff of the ATM/ANS

provider and to determine their terms and conditions of employment. It repeats the approach

set out in current provisions that apply to the Irish Aviation Authority as set out in section 39

of the IAA Act, 1993.

52


Head 34 - Transfer of staff of the Irish Aviation Authority to the ATM/ANS provider

1) Provide that

(a) Every person who is a member of the staff of the Irish Aviation Authority

working wholly or mainly in connection with air navigation service provision

immediately before the vesting day shall, on that day, be transferred to and

become a member of the staff of the ATM/ANS provider.

(b) Every person who is a member of the staff of the Irish Aviation Authority who is

not working wholly or mainly in connection with air navigation service provision

immediately before the vesting day shall, on that day, remain a member of the

staff of the Irish Aviation Authority.

(c ) Where any dispute arises in relation to whether a person or group of persons is

working wholly or mainly in connection with the provision of air navigation

services (or not) or where it cannot be determined whether a person or group of

persons work wholly or mainly in connection with the provision of air navigation

services (or not), the Irish Aviation Authority shall, following consultation with

any recognised trade union or staff association concerned, determine which

organisation shall employ the person or group of persons concerned. The

Minister may give directions as to the criteria to be applied in resolving the

dispute.

2) Provide that save in accordance with a collective agreement negotiated with any

recognised trade union or staff association concerned, a person referred to in

subsection (1) shall not, while in the service of the ATM/ANS provider, be brought to

less beneficial conditions of service (including conditions in relation to tenure of

office) or of remuneration than the conditions of service (including conditions in

relation to tenure of office) or remuneration to which he was subject immediately

before the vesting day.

3) Provide that in relation to persons transferred to the ATM/ANS provider under this

Head, previous service in the civil service shall be reckonable for the purposes of, but

subject to any exceptions or exclusions in, the Redundancy Payments Acts, 1967 to

1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and

Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 to

1993.

4) In relation to persons transferred to the ATM/ANS provider from the Irish Aviation

Authority previous service with the Irish Aviation Authority, shall be reckonable for

the purposes of, but subject to any exceptions or exclusions in—

(a) the Redundancy Payments Acts 1967 to 2003,

(b) the Protection of Employees (Part-Time Work) Act 2001,

(c) the Protection of Employees (Fixed-Term Work) Act 2003,

53


(d) the Organisation of Working Time Act 1997,

(e) the Minimum Notice and Terms of Employment Acts 1973 to 2001,

(f) the Unfair Dismissals Acts 1977 to 2001,

(g) the Parental Leave Act 1998,

(h) the Carer’s Leave Act 2001.

Explanatory note

This Head provides for the transfer of staff from the Irish Aviation Authority to the

ATM/ANS provider. It also provides that the terms and conditions of employment of staff

from the Authority to the ATM/ANS provider shall not be worsened by the transfer. It repeats


in section 40 of the IAA Act, 1993. It is also guided by section 12 of the State Airports Act,

2004, on the restructuring of Aer Rianta, particularly in relation to an updated list of

employee legislation referred to by the provisions of section 12 of the State Airports Act,

2004.

54


Head 35 - Superannuation

1) Provide that the company shall prepare and submit to the Minister a scheme or

schemes for the granting of superannuation benefits to or in respect of such members

of the staff of the company as it may think fit.

2) Provide that every such scheme shall fix the time and conditions of retirement for all

persons to or in respect of whom superannuation benefits are payable under the

scheme, and different times and conditions may be fixed in respect of different classes

of persons.

3) Provide that every such scheme may be amended or revoked by a subsequent scheme

prepared, submitted and approved under this Head.

4) Provide that a scheme submitted by the company under this Head shall, if approved

by the Minister with the consent of the Minister for Public Expenditure and Reform,

be carried out by the company in accordance with its terms.

5) Provide that Superannuation benefits granted under schemes under this section to

persons who, immediately before the vesting day, were members of the staff of the

Minister for Transport, Tourism and Sport or the Irish Aviation Authority and the

terms and conditions relating to those benefits shall not be less favourable to those

persons than those to which they were entitled immediately before that day.

6) Provide that no superannuation benefit shall be granted by the company nor shall any

other arrangements be entered into by the company for the provision of such a benefit

to or in respect of a member of the staff of the company otherwise than in accordance

with a scheme under this Head or an existing scheme.

7) Provide that in this Head, an existing scheme means a scheme for the granting of

superannuation benefits to or in respect of a member of staff of the Irish Aviation

Authority, established pursuant to the Irish Aviation Authority Act 1993.

8) Provide that if any dispute arises as to the claim of any person to, or the amount of,

any superannuation benefit payable in pursuance of a scheme or schemes under this

section, such dispute shall be submitted to the Minister who shall refer it to the

Minister for Public Expenditure and Reform, for determination by him.

9) Provide that where, in the period beginning on the vesting day and ending

immediately before the commencement of a scheme under this section, a

superannuation benefit falls due for payment to or in respect of a person who was

transferred to the staff of the company from the Irish Aviation Authority, the benefit

shall be calculated by the company in accordance with such scheme, or such

enactments in relation to superannuation, as applied to the person immediately before

the vesting day and, for that purpose, his pensionable service with the company shall

55


be aggregated with his previous pensionable service and shall be paid by the company

out of the fund established under this Head.

10) Provide that as soon as may be after the vesting day, the company shall establish a

fund administered by trustees who shall be appointed by the company from which

superannuation benefits payable under a scheme under this section shall be paid.

11) Provide that a scheme under this section shall be laid before each House of the

Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme

is passed by either such House within the next 21 days on which that House has sat

after the scheme is laid before it, the scheme shall be annulled accordingly, but

without prejudice to the validity of anything previously done thereunder.

Explanatory Note


as set out in section 41 of the IAA Act, 1993. This Head recognises the existence of the

current Irish Aviation Authority Schemes and provides for staff members to remain in those

schemes with the employer obligations in respect of transferring staff being taken over by the

ATM/ANS provider. It is linked to Head 46 in relation to the continuation in force of the

Commission for Aviation Regulation superannuation schemes wherein employer obligations

under that scheme will be taken over by the Irish Aviation Authority for staff that transfer to

it.

This Head attempts to segregate out superannuation for future, newly employed staff

members of the ATM/ANS provider in a new scheme from the transfer and continuation of

obligations of the employer under the existing Irish Aviation Authority schemes to the

ATM/ANS provider in respect of existing employees of the IAA who will transfer to the

ATM/ANS provider.

Provision (5) envisages transfers in from the old scheme if that is feasible. That may not be

the case due to a funding deficit, in which case this provision is redundant. In that

eventuality, alternatively, superannuation benefits may be provided by the company for

members of staff who, immediately before the vesting day, were members of the existing

Superannuation Schemes established by the Irish Aviation Authority, by the continuation of

those members of staff as Members of those existing schemes. All liabilities, duties,

obligations and funding (including pension increases and supplementary pension payments)

arising by virtue of the operation of an existing scheme or arrangement referred to above and

carried out immediately before vesting day by the Irish Aviation Authority would upon the

vesting day stand transferred to the ATM/ANS provider in relation to those members of staff

who have transferred from the Irish Aviation Authority to the ATM/ANS provider

Provision (9) may need to be redrafted in the light of the reality of any transfer into a new

scheme by staff members as opposed to the staff members or the company paying into an

existing scheme. Provision may need to be made for payment of deficits in relation to

transferring staff, and also to provide that transferring staff may remain as active members of

the existing schemes with the new company paying their contributions.

56


Head 36 - Acquisition of land and entry onto land by company

1) Provide that in this Head, an existing scheme means a scheme for the granting of

superannuation benefits to or in respect of a member of staff of the Irish Aviation

Authority, established pursuant to the Irish Aviation Authority Act 1993.

2) Provide that the company may acquire by agreement or, in accordance with the

Second Schedule to the Air Navigation and Transport (Amendment) Act, 1998 (as

applied by this section) compulsorily, any land or any easement or other right over

land, or any water right, for the purpose of the performance of the functions conferred

on it by this Act.

3) Provide that notwithstanding the provisions of any other Act, no person shall be

entitled to acquire compulsorily any land or any easement or other right in respect of

land belonging to the company, or to alienate, terminate, restrict or otherwise interfere

with, without the agreement of the company, any right of the company in respect of

such land.

4) Provide that the ATM/ANS provider shall not be entitled to acquire compulsorily

under this section any land, easement or other right belonging to the State or a State

authority.

5) Provide that the Second Schedule to the Air Navigation and Transport (Amendment)

Act, 1998, shall, for the purposes of the acquisition of land by the company under this

section, apply with the following modifications:

(a) the reference in subparagraph (1) of paragraph 1 to ‘section 17’ shall be

construed as a reference to this Head, and

(b) a reference to ‘the company’ shall be construed as a reference to the ATM/ANS

provider

6) Provide that section 19 of the Air Navigation and Transport (Amendment) Act, 1998,

shall, for the purposes of this bill, apply subject to the following modifications:

(a) references to an ‘authorised person’ shall be construed as references to an

authorised officer of the ATM/ANS provider, and

(b) references to ‘the company’ shall be construed as references to the ATM/ANS

provider within the meaning of this Bill.

Explanatory note


as set out in sections 42 and 42A of the IAA Act, 1993.

57


Chapter 2 – Dissolution of Commission for Aviation Regulation

Head 37 - Dissolution of the Commission for Aviation Regulation

1) Provide for the dissolution of the Commission for Aviation Regulation.

2) Provide that the Minister shall, by order, appoint a day to be for coming into operation

of this section, i.e. “the effective day.”

Explanatory note

This Head provides for the formal dissolution of the Commission on an effective day to be

selected by the Minister. The functions and staff etc. of the Commission will transfer to the

existing Irish Aviation Authority, a body that shall remain in existence. It is guided by the

principles in section 38 of the Competition and Consumer Protection Act, 2014 on the

dissolution of the Competition Authority and the National Consumer Agency.

58


Head 38 - Transfer of functions to the Irish Aviation Authority

1) Provide that that all functions that, immediately before the effective day, were vested

in the Commission for Aviation Regulation are transferred to the Irish Aviation

Authority.

2) Provide that references to the Commission for Aviation Regulation in the Aviation

Regulation Act, 2001, or in any instrument made before the effective day under an

Act of the Oireachtas shall, on and after that day, be construed as references to the

Irish Aviation Authority.

3) Provide that this section shall come into operation on the effective day.

Explanatory note

This Head provides for the transfer of functions of the Commission for Aviation Regulation

to the Irish Aviation Authority. It is guided by the principles in section 39 of the Competition

and Consumer Protection Act, 2014 on the transfer of the functions of the Competition

Authority and the National Consumer Agency to the new body, the Competition and

Consumer Protection Commission.

59


Head 39 - Transfer of staff of the Commission for Aviation Regulation to the Irish

Aviation Authority

1) Provide that every person who is a Commissioner or member of the staff of the

Commission for Aviation Regulation immediately before dissolution day of the

Commission for Aviation Regulation shall, on that day, be transferred to and become

a member of the staff of the Irish Aviation Authority.

2) Provide that save in accordance with a collective agreement negotiated with any

recognised trade union or staff association concerned, a person referred to in

subsection (1) shall not, while in the service of the ATM/ANS provider, be brought to

less beneficial conditions of service (including conditions in relation to tenure of

office) or of remuneration than the conditions of service (including conditions in

relation to tenure of office) or remuneration to which he was subject immediately

before the vesting day.

3) Provide that in relation to persons transferred to the Irish Aviation Authority from the

Commission for Aviation Regulation, previous service with the Commission for

Aviation Regulation, shall be reckonable for the purposes of, but subject to any

exceptions or exclusions in—

(a) the Redundancy Payments Acts 1967 to 2012;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(e) the Unfair Dismissals Acts 1977 to 2007;

(f) the Terms of Employment (Information) Acts 1994 to 2012;

(g) the Organisation of Working Time Act 1997;

(h) the Parental Leave Acts 1998 and 2006;

(i) the Carer’s Leave Act 2001;

(j) the Maternity Protection Acts 1994 and 2004;

(k) the Adoptive Leave Acts 1995 and 2005.

Explanatory note

This Head covers the transfer of staff from the Commission for Aviation Regulation to the

Irish Aviation Authority. Its provisions are guided by analogous provisions in relation to the

transfer of Department of Transport staff to the Irish Aviation Authority set out in section 40

of the IAA Act 1993 and by the more recent transfer provisions set out in section 40 of the

Competition and Consumer Protection Act, 2014 on the transfer of staff the Competition

Authority and the National Consumer Agency to the Competition and Consumer Protection

Agency.

60


Head 40 - Transfer of land and other property of the Commission for Aviation

Regulation

1) Provide that on the effective day, all lands that, immediately before that day, were

vested in the Commission for Aviation Regulation and all rights, powers and

privileges relating to or connected with such lands shall, without any conveyance or

assignment, stand vested in the Irish Aviation Authority for all the estate or interest

therein that, immediately before the establishment day, were vested in the dissolved

body, but subject to all trusts and equities affecting the lands continuing to subsist and

being capable of being performed.

2) Provide that on the effective day all property (other than land), including choses-in-

action, that immediately before that day, was vested in the Commission for Aviation

Regulation shall stand vested in the Irish Aviation Authority without any assignment.

3) Provide that every chose-in-action vested in the Commission for Aviation Regulation

may, on and from the establishment day, be sued on, recovered or enforced by the

Irish Aviation Authority in its own name, and it shall not be necessary for the Irish

Aviation Authority, or the Commission for Aviation Regulation, to give notice to any

person bound by the chose-in-action of the vesting effected by this Head.

Explanatory note

This Head covers the transfer of land and other property from the Commission for Aviation

Regulation to the Irish Aviation Authority on the effective day. It is guided by the principles

in section 41 of the Competition and Consumer Protection Act, 2014 on the dissolution of the

Competition Authority and the National Consumer Agency.

61


Head 41 - Transfer of rights and liabilities, and continuation of leases, licences and

permissions granted by the Commission for Aviation Regulation

1) Provide that all rights and liabilities of the Commission for Aviation Regulation

arising by virtue of any contract or commitment (expressed or implied) entered into

by it before the effective day shall on that day stand transferred to the Irish Aviation

Authority.

2) Provide that every right and liability transferred to the Irish Aviation Authority may,

on and after the effective day, be sued on, recovered or enforced by or against the

Irish Aviation Authority in its own name, and it shall not be necessary for the Irish

Aviation Authority or the Commission for Aviation Regulation, to give notice to the

person whose right or liability is transferred of such transfer.

3) Provide that every lease, licence, wayleave or permission granted by the Commission

for Aviation Regulation in relation to land or other property vested in the Irish

Aviation Authority by or under this Bill, and in force immediately before the effective

day, shall continue in force as if granted by the Irish Aviation Authority.

Explanatory note

This Head deals with the transfer of rights, liabilities, continuation of leases, licences and

permissions from the Commission for Aviation Regulation to the Irish Aviation Authority on

the effective day. It is guided by the principles in section 42 of the Competition and

Consumer Protection Act, 2014 on the dissolution of the Competition Authority and the

National Consumer Agency.

62


Head 42 - Liability for loss occurring before the effective day

1) Provide that a claim in respect of any loss or injury alleged to have been suffered by

any person arising out of the performance before the effective day of any of the

functions of the Commission for Aviation Regulation shall on and after that day, lie

against the Irish Aviation Authority and not against the Commission for Aviation

Regulation.

2) Provide that any legal proceedings pending immediately before the effective day to

which the Commission for Aviation Regulation is a party, shall be continued, with the

substitution in the proceedings of the Irish Aviation Authority for the Commission for

Aviation Regulation.

3) Provide that where, before the effective day, agreement has been reached between the

parties concerned in settlement of a claim to which this Head relates, the terms of

which have not been implemented, or judgment in such a claim has been given in

favour of a person but has not been enforced, the terms of the agreement or judgment,

as the case may be, shall, in so far as they are enforceable against the Commission for

Aviation Regulation, be enforceable against the Irish Aviation Authority and not the

Commission for Aviation Regulation.

4) Provide that any claim made or properly made by the Commission for Aviation

Regulation in respect of any loss or injury arising from the act or default of any

person before the effective day shall be regarded as having been made by or properly

made by the Irish Aviation Authority and may be pursued and sued for by the Irish

Aviation Authority as if the loss or injury had been suffered by the Irish Aviation

Authority.

Explanatory note

This Head deals with liability for loss occurring before the effective day and transfer of legal

proceedings. It is guided by the principles in section 43 of the Competition and Consumer

Protection Act, 2014 on the dissolution of the Competition Authority and the National

Consumer Agency.

63


Head 43 - Provisions consequent upon transfer of functions, assets and liabilities to

Commission

1) Provide that anything commenced and not completed before the establishment day by

or under the authority of the Commission for Aviation Regulation may be carried on

or completed on or after the effective day by the Irish Aviation Authority.

2) Provide that every instrument made under an enactment and every document

(including any certificate) granted or made by the Commission for Aviation

Regulation shall, if and in so far as it was operative immediately before the effective

day, have effect on and after that day as if it had been granted or made by the Irish

Aviation Authority.

3) Provide that references to the Commission for Aviation Regulation in the

memorandum or articles of associations of the ATM/ANS provider shall, on and after

the establishment day, be construed as references to the Irish Aviation Authority.

4) Provide that any money, stocks, shares, securities or sureties transferred by this Part

that immediately before the effective day were standing in the name of the

Commission for Aviation Regulation shall, on the request of the Irish Aviation

Authority, be transferred into its name.

Provide that a certificate signed by the Minister that any property, right or liability has or, as

the case may be, has not vested in the Irish Aviation Authority under this Part shall be

sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

Explanatory note

This Head covers provisions consequent upon the transfer of functions, assets and liabilities

of the Commission for Aviation Regulation to the Irish Aviation Authority. It is guided by

the principles in section 44 of the Competition and Consumer Protection Act, 2014 on the

dissolution of the Competition Authority and the National Consumer Agency.

64


Head 44 - Saving for certain acts

1) Provide that nothing in this Part affects the validity of any act done before the

effective day by or under the authority of the Commission for Aviation Regulation

and every such act shall, if and in so far as it was operative immediately before that

day, have effect on or after that day as if it had been done by or on behalf of the Irish

Aviation Authority.

Explanatory note

This Head is a standard provision relating to the savings for certain acts of the Commission

for Aviation Regulation before the effective day. It is guided by the principles in section 45

of the Competition and Consumer Protection Act, 2014 on the dissolution of the Competition

Authority and the National Consumer Agency.

65


Head 45 - Final accounts and final annual report of the Commission for Aviation

Regulation

1) Provide that the Irish Aviation Authority shall, in respect of the period that the

Minister may specify, being a period that is longer or shorter than a financial year of

the Commission for Aviation Regulation, prepare final accounts of the Commission

for Aviation Regulation.

2) Provide that the Irish Aviation Authority shall submit those final accounts to the

Comptroller and Auditor General for audit not later than 12 months after the effective

day.

3) Provide that the Irish Aviation Authority shall prepare a final annual report for the

Commission for Aviation Regulation and submit the report to the Minister not later

than 6 months after the effective day.

4) Provide that the annual accounts of the Irish Aviation Authority prepared under the

provisions of the Irish Aviation Act, 1993, shall apply with the necessary

modifications in relation to final accounts prepared under this Head.

5) Provide that the annual report of the Irish Aviation Authority prepared under the

provisions of the Irish Aviation Act, 1993, shall apply with the necessary

modifications in relation to final accounts prepared under this Head.

Explanatory note

This Head provides for the preparation by the Irish Aviation Authority of final accounts and

final annual report of the Commission for Aviation Regulation. It is guided by the principles

in section 46 of the Competition and Consumer Protection Act, 2014 on the dissolution of the

Competition Authority and the National Consumer Agency.

66


Head 46 - Continuation in force of Commission for Aviation Regulation

Superannuation Schemes.

1) Provide that every scheme or arrangement in relation to superannuation administered

by the Commission for Aviation Regulation immediately before the dissolution day of

the Commission for Aviation Regulation shall on that day continue in force as if made

by the Irish Aviation Authority.

2) Provide that all liabilities, duties, obligations and funding (including pension increases

and supplementary pension payments) arising by virtue of the operation of a scheme

or arrangement referred to above and carried out immediately before the Commission

for Aviation Regulation dissolution day by the Commission for Aviation Regulation

shall upon the Commission for Aviation Regulation dissolution day stand transferred

to the Irish Aviation Authority.

3) Provide that ever right and liability transferred by this section to the Irish Aviation

Authority may be sued on, recovered or enforced by or against the Irish Aviation

Authority in the name of the Irish Aviation Authority and it shall not be necessary for

the Irish Aviation Authority to give notice to any person of the transfer of any right or

liability.

4) Provide that members of staff of the Commission for Aviation Regulation, who

immediately before the Commission for Aviation Regulation dissolution day stand

transferred to the Irish Aviation Authority who were not members of a scheme or

arrangement in relation to superannuation administered by the Commission for

Aviation Regulation immediately before the dissolution day shall become members of

such scheme or arrangement upon transfer to the Irish Aviation Authority.

Explanatory Note

Provides for the continuation in force of the Commission for Aviation Regulation

Superannuation Schemes. These provisions are guided by the principles enacted in relation to

the continuation in force of the Shannon Development superannuation schemes at the time of

the creation of Shannon Group as set out in section 41 of the State Airports (Shannon Group)

Act 2014. It also provides for a very small number of Commission staff who were members

of the Single Pension Scheme to become members of the Commission staff superannuation

scheme on transfer to the IAA. This Head is linked to Head 35 in relation to the power to

create a new superannuation scheme for the ATM/ANS provider which recognises the

existence of the current Irish Aviation Authority Schemes and provides for staff members to

remain in those schemes with the employer obligations in respect of transferring staff being

taken over by the ATM/ANS provider.

67


Head 47 - Amendment of the Power for a Levy under Section 23 of the Act of 2001

1) Provide that section 23(1) of the Act of 2001 is amended as follows:

"For the purpose of meeting expenses properly incurred by the Irish Aviation Authority in

the discharge of its functions under this Act, and the Act of 1993, the Irish Aviation

Authority shall make regulations imposing a levy (“levy”), to contribute towards the

estimated operating costs and expenses of the Irish Aviation Authority, to be paid each

year beginning with such year as specified in the regulations on such classes of

undertakings as may be specified by the Irish Aviation Authority in the regulations.”

Explanatory Note

The proposed funding models for the restructured IAA involve the use of a range of existing

powers to raise revenue through Fees, Charges and Levies under Section 60 of the Act of

1993 and Section 23 of the Act of 2001. The power to raise revenues under Section 23 is

restricted to meeting the functions of the CAR under the Act of 2001 and are designed to

wholly fund the CAR. However, this power to raise funds by way of a levy will be required

to contribute to the overall funding of the IAA, together with the existing powers to impose

fees and charges under Section 60 of the Act of 1993.

Accordingly, it is proposed to amend Section 23 to extend it to cover functions under both

pieces of legislation. It should also be provided that the levy contributes to the overall cost of

the IAA, rather than wholly funding the regulatory functions.

68


Chapter 3 – Amendment of the Act of 1993

Head 48 - Amendment of Section 31

1) Provide that the Authority shall publish reports (including statements of strategy) on

matters related to its activities and functions including in relation to the State Safety

Programme, the Annual Safety Performance Review, the European Aviation Safety

Programme, ICAO's Universal Safety Oversight Audit Programme, and EU

Standardisation Inspections conducted by EASA.

Explanatory note

This Head strengthens the existing provisions of section 31 of the IAA Act 1993, which

require the Authority to submit an Annual Report to the Minister, by including a requirement

for it to publish other such reports in relation to its safety regulation activities.

69


Head 49 - Amendment of Sections 32 & 43

2) Provide for the repeal of sections 32 and 43 of the Act of 1993.

Explanatory note

This Head repeals Section 32 of the Act of 1993 to remove the requirement to appoint a

person to carry out an examination of the performance by the company of its functions in so

far as they relate to the application and enforcement of technical and safety standards in

relation to aircraft and air navigation and to report in writing to the Minister the results of the

examination.

Section 32 of the Act of 1993 established a procedure whereby the Minister could examine

the performance of the IAA in relation to the application and enforcement of technical and

safety standards in relation to aircraft and air navigation.

This requirement was necessary at that time as there were no other means to ensure the

maintenance of high standards by the regulator of civil aviation on behalf of the State.

However, in the intervening decades, a number of other mechanisms have been developed by

EASA and ICAO to audit the application and enforcement of technical and safety standards

in relation to aircraft and air navigation.

Consequently, there are now three specific audit processes to ensure high standards are

maintained, all of which have their own format and audit cycles. It is considered that the

advent of the Universal Safety Oversight Audit Programme (USOAP) by ICAO and

Standardisation inspections by EASA now make the Section 32 examination superfluous. The

development of the proposed legislation presents an opportunity for the discontinuance of this

safety oversight mechanism by way of repeal of Section 32.

Accordingly, it is proposed that the Bill will not include a provision equivalent to Section 32

of the Act of 1993, and Section 32 can be repealed from the Act of 1993.

Section 43 is repealed on the basis that the new regulator will no longer require the vires to

charge for air navigation and aeronautical communications. These provisions have been

replicated for the ATM/ANS provider in Part 3.

70


Head 50 - Amendment of section 39 of the Irish Aviation Authority Act, 1993

1) Provide that the Authority may, subject to the approval of the Board, appoint such and

so many persons to be members of its staff as it considers necessary to assist it in the

performance of its functions on such terms and conditions including terms and

conditions as to remuneration and grading as may be agreed.

2) The Authority shall, in determining the remuneration or allowances for expenses to be

paid to members of its staff or the other terms or conditions subject to which such

members hold or are to hold their employment, shall have regard to Government or

nationally agreed guidelines which are for the time being extant or to Government

policy concerning remuneration and conditions of employment which is so extant and,

in addition to the foregoing, the Authority shall comply with any directives with

regard to such remuneration, allowances, terms or conditions which the Minister may

give, with the consent of the Minister for Public Expenditure and Reform.

3) The Authority shall submit to the Minister, on an annual basis, a three-year

workforce plan that sets out forecast staffing levels for the organisation, as approved

by the Board.

Explanatory note

This Head strengthens oversight of the Authority’s recruitment and remuneration of its staff

by requiring Board approval of recruitment and also by requiring a Board-approved

workforce plan to be sent to the Minister on an annual basis. The Authority is also required

to take into account general Government employment policy, and to comply, when requested,

with a directive regarding same given by the Minister with the approval of the Minister for

Public Expenditure and Reform.

71



1) Provide that the Authority may charge such amounts as it considers appropriate in

respect of discharge by it of its statutory functions and any services provided by it, or

property, real or personal, sold, hired or leased by it to other persons.

Explanatory note

Section 44 deals with other charges by the company. The amendment will repeat the

approach set out in current provisions that apply to the Irish Aviation Authority as set out in

section 44 of the IAA Act, 1993 which provide that the IAA may charge such amounts as it

considers appropriate in respect of any services (other than services referred to in the Head on

air navigation and aeronautical communications services) provided by it, or property, real or

personal, sold, hired or leased by it to other persons. The amendment is to allow the IAA to

charge any additional sums that arise from the performance by it of its statutory functions.

72



1) Provide for an amendment to section 58(1) so that it provides that the company may

make such orders as appear to it to be necessary or expedient for the purpose of the

discharge by it of its functions set out in Schedules 1 and 3 of the Air Navigation and

Transport Bill (this Bill) and giving effect to the Annexes to the Chicago Convention

specified in Schedule 3 of this Bill except in so far as they relate to the making of

agreements between the State and other states or for the purpose of the performance

of any other functions of the company.

2) Provide that the Minister may by order amend Schedule 3 of the Air Navigation and

Transport Bill (this Bill) by the insertion therein of a reference to an Annexe to the

Chicago Convention, whether added to that Convention before or after the

commencement of this Head, and references in this Bill to the Annexes to the Chicago

Convention shall include references to any Annexe to the Chicago Convention to

which an order under this provision relates.

Explanatory note

To amend the current provisions that apply to the Irish Aviation Authority as set out in

section 58 of the IAA Act, 1993 in relation to the power of the company to make orders to

include the making of such orders as are necessary for the purposes of its functions under EU

Regulations as set out in the Schedules to this Bill.

73


Head 53 – Amendment of section 60 of the Irish Aviation Authority Act, 1993

1) Provide for an amendment to section 60(1)(j)(i) of the Irish Aviation Authority Act,

so that it reads:

“(j)(i) requiring the payment of fees in respect of the application for the grant or

renewal of any certificate, licence or instrument of approval or otherwise for the

purposes of an order under this section or the said Annexes or the discharge by it of

its functions referenced in Schedules 1 and 3 of the Air Navigation and Transport Bill

(this Bill) and specifying their amount.”

2) Provide that an amount due by a person to the company in respect of a charge under

this section may be recovered by the company from the person as a simple contract

debt in any court of competent jurisdiction.

Explanatory note

To make an amendment to current provisions that apply to the Irish Aviation Authority as set

out in section 60(1)(j)(i) of the IAA Act, 1993 in relation to making orders requiring the

payment of fees.

74


Head 54 – Amendment of Section 61

1) Provide that the Authority may make such orders as appear to it to be necessary or

expedient for the purpose of giving effect to the Legislative Acts of the European

Union and the Regulations made thereunder in so far as they relate to matters to

which a function of the company relates.

Explanatory note

The regulation of the aviation industry by EASA is effected by way of regulations, which are

directly effective. However, certain aspects of EU aviation law such as enforcement, are

contingent on application within the existing legal system of the Member State concerned.

Accordingly, in certain areas, a limited degree of transposition and subordinate national

regulations may be required to give full effect to the EU legal regime for aviation.

Consequently, a statutory provision empowering the Minister or the company to make Orders

is necessary.

Note: S.61(2)(b)(iii) of the Act of 1993 will require amendment to replace ‘the European

Civil Aviation Conference’ with ‘the European Union Aviation Safety Agency (EASA)’.

75


Head 55 – Amendment of Schedule

1) Provide for an amendment to Schedule 1 of the Irish Aviation Authority Act, 1993, by

including Annex 17 in respect of Security and Annex 19 in respect of Safety Systems.

Annex 12 was added to the schedule by SI 171/1995, but it may be worthwhile

inserting this also for the purpose of clarity. Accordingly, Schedule 1 of the Act of

1993 should be replaced with the schedule at Schedule 3 of this Bill.

Explanatory note

When the Act of 1993 was promulgated only certain Annexes of the Chicago Convention

were delegated to the IAA. Annex 3 (Met), 9 (Facilitation) and 13 (Air Accident

Investigation) were not delegated, as these fell under the remit of other bodies.

Certain limited areas of responsibility for Annex 12 for Search and Rescue were granted to

the IAA, which provides that the scope of authority of the Irish Aviation Authority regarding

search and rescue to the Rescue Co-ordination Centres and Sub-Centres. The Minister for

Transport is the authority for all other matters under Annex 12. This area is currently the

subject of review and it is expected that the Minister will assign responsibility for the

regulation of civil search and rescue to the IAA in the near future.

Annex 17 deals with Security and certain responsibilities have been delegated to the IAA,

with certain areas of responsibility retained by the Minister.

Responsibility for Annex 19, which deals with Safety Management, has been given to the

IAA but the formal assignment of responsibility by way of SI amending the Schedule to the

Act of 1993 has not yet been made.

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PART 3

Fees and Charges of the ATM/ANS provider

Head 56 - Charges by ATM/ANS provider in respect of air navigation and

aeronautical communications services.

1) Provide that;

(a) Subject to provisions below, the ATM/ANS provider may by regulations require

the payment to Eurocontrol, the ATM/ANS provider or the Minister of such

charges, at such rates and in such currencies as may be prescribed by the

ATM/ANS provider in respect of air navigation services and aeronautical

communications services which, whether in pursuance of international

arrangements or otherwise, are provided for aircraft by Eurocontrol, the

ATM/ANS provider or the Minister and regulations under this section may

provide for charges payable by virtue of such regulations to be so payable

elsewhere than in the State and to be recoverable in the State wherever they are

payable (without prejudice to their recovery elsewhere) and may include such

incidental and supplementary provisions as the ATM/ANS provider considers

appropriate for the purpose of the regulations.

(b) Charges prescribed by regulations under this section may relate to all or part of

the period or to all or part of an area of airspace in or in relation to which air

navigation services or aeronautical communications services are provided as

aforesaid for aircraft.

2) Provide that liability for the payment of any charge payable by virtue of regulations

under this section may be imposed upon the operators of aircraft for which the

services concerned are made available which are being operated in a place where they

are made available or upon the owners of such aircraft (whether or not, in either case,

they are actually used or could be used with the equipment installed in the aircraft) or

upon the managers of aerodromes used by such aircraft or upon any two of those

persons or upon all of them.

3) Provide that the rates of charge prescribed as aforesaid shall—

(a) in the case of charges payable to Eurocontrol, be such rates as may be specified in

pursuance of tariffs approved under any international agreement to which the

State is a party, and

(b) in the case of charges payable to the Minister, be such rates as the ATM/ANS

provider may determine with the consent of the Minister,

and there may be so prescribed different rates of charge in respect of aircraft of

different classes or descriptions or in respect of aircraft used in different

circumstances, and the regulations may provide for the payment, with any charges or

77


separately, of interest on the charges in respect of any period during which the

charges were due but not paid and may dispense with the payment of charges or

interest on charges in such cases as may be specified by or determined under the

regulations.

4) Provide that for the purpose of facilitating the assessment and collection of charges

payable by virtue of regulations under this section and without prejudice to the

generality of the Head on the keeping of records by aircraft operators, the regulations

may make provision for requiring operators of aircraft or managers of aerodromes—

(a) to make such records of the movements of aircraft, and of such other particulars

relating to aircraft, as may be specified in the regulations and to preserve those

records for such period as may be so specified,

(b) to produce for inspection at such times and by such officers of Eurocontrol as may

be so specified or by authorised officers or authorised officers of the ATM/ANS

provider records which are required by the regulations to be preserved by those

operators or managers, and

(c) to furnish to Eurocontrol, the ATM/ANS provider or the Minister such particulars

of any such records as may be so specified.

5) Provide that in any proceedings to which this Head applies, any record made by any

such person as may be designated by regulations under this Head, or by a person

acting under the control of such a person, being a record purporting to state—

(i) the position of any aircraft at any material time, or

(ii) the terms or contents of any message or signal transmitted to any aircraft,

either alone or in common with other aircraft, or received from any

aircraft, by the first-mentioned person, or by a person acting under the

control of that person,

shall, if produced from the custody of the said first-mentioned person, be evidence of

the matters stated in the record.

6) Provide that this provision applies to proceedings in a court for the recovery of any

charges payable by virtue of regulations under this Head or for an offence under this

Act consisting of a contravention of regulations under this Head.

7) Provide that the references in this Head to a record made by or by a person acting

under the control of any person include references to a document or article purporting

to be a copy of a record so made, and certified to be a true copy by the person who

made the record or a person acting under his control; and, in relation to such a copy,

that paragraph shall have effect as if the words “if produced from the custody of the

said first-mentioned person” were omitted.

8) Provide that notwithstanding the first paragraph of the Head relating to the provisions

in relation to orders and regulations made by the Minister or the ATM/ANS provider,

78


referred to in Part 1 of this Bill, liability for compliance with regulations under this

Head may be imposed in relation to aircraft registered in the State and aircraft not so

registered and whether or not the aircraft concerned are in or over the State at the time

when the services to which charges prescribed by such regulations relate are provided

and whether or not those services are provided from a place in the State.

9) Provide that the Public Offices (Fees) Act, 1879, shall not apply in respect of the

charges payable to the Minister under this section.

10) Provide that charges payable to the Minister or the ATM/ANS provider under

regulations under this section may be recovered by the Minister or the ATM/ANS

provider, as the case may be, from the person by whom they are payable as a simple

contract debt in any court of competent jurisdiction.

11) Provide that until regulations under this Head are in force providing for the payment

by the users thereof of charges in respect of services provided by the ATM/ANS

provider at State aerodromes, the amount of any costs incurred by the ATM/ANS

provider in providing the services shall be paid by the Irish Aviation Authority, to the

ATM/ANS provider subject to the deduction by the Irish Aviation authority, of such

amount as may be agreed on by it and the ATM/ANS provider in respect of the cost

of the collection of those charges.

12) Provide that the Regulations under this Head may make such provision as the

ATM/ANS provider considers necessary or expedient for the purpose of complying

with a direction under the Head in relation to the recoupment by the Minister if

certain cost of the ATM/ANS provider.

13) Provide that Section 40 of the Air Navigation and Transport (Amendment) Act, 1998,

shall for the purposes of this Act, apply subject to the following modifications:

a) references (other than in paragraph (c) of subsection (9) and subsection (10)) to

‘charges imposed by the company under section 39 ’ or to ‘charges’ shall be

construed as references to charges imposed or levied under Heads 56 or 57 of this

Bill, and

b) references (other than in the said paragraph (c)) to ‘the company’ shall be

construed as references to the company within the meaning of this Act.”.

Explanatory note



79


Head 57 - Other charges by ATM/ANS provider

1) Provide that the company may charge such amounts as it considers appropriate in

respect of the discharge by it of its statutory functions and any services (other than

services referred to in the Head on air navigation and aeronautical communications

services) provided by it, or property, real or personal, sold, hired or leased by it to

other persons.

2) Provide that the ATM/ANS provider may charge such amounts as it considers

appropriate in respect of any functions, or duties exercised by its pursuant to the

European Union Regulations listed in Schedule 2 to the Bill.

3) Provide that an amount due by a person to the ATM/ANS provider in respect of a

charge under this section may be recovered by the ATM/ANS provider from the

person as a simple contract debt in any court of competent jurisdiction.

Explanatory note


as set out in section 44 of the IAA Act, 1993. Also provides for imposition of charges in

respect of the discharge of a function, power or duty given to the ATM/ANS provider in

Schedule 2 on European legislation.

80


Head 58 - Recoupment by Minister of certain costs of ATM/ANS provider

1) Provide that

(a) The Minister may, with the consent of the Minister for Public Expenditure and

Reform, give a direction to the ATM/ANS provider -

(i) requiring the ATM/ANS provider to exempt specified classes of users of

aeronautical communications services, or specified aeronautical

communications services, provided by the ATM/ANS provider from the

payment of fees or charges to the ATM/ANS provider for the provision of

those services, or

(ii) requiring the ATM/ANS provider, in accordance with the International Civil

Aviation Organisation and Eurocontrol charging principles, to provide by

regulations made under the Head in relation to charges by the ATM/ANS

provider in respect of charges for air navigations and aeronautical

communications charges or by order made under the Head in relation to the

provisions of orders made by the ATM/ANS provider in relation to the

payment of fees to it as may be appropriate, for the exemption from the

payment to the ATM/ANS provider of charges or fees imposed under those

Heads, as the case may be, for the provision by it of air navigation services or

aeronautical communications services or the performance by it of functions

specified in the provisions in the Head relating to the objects of the

ATM/ANS provider in respect of specified classes of flights by aircraft or

specified classes of persons.

2) Provide that the ATM/ANS provider shall comply with a direction under this

subsection.

3) Provide that the Minister shall pay to the ATM/ANS provider an amount equal to the

amount of any costs incurred by it in the provision of services or the performance of

functions to which an exemption specified in a direction under this provision relates.

4) Provide that payments under this Head shall, to such extent as may be sanctioned by

the Minister for Public Expenditure and Reform, be paid out of moneys provided by

the Oireachtas.

5) Provide that in this Head “the International Civil Aviation Organisation and

Eurocontrol charging principles” means the principles specified in and developed

under and in accordance with the provisions of Article 15 of the Chicago Convention

and any amendment thereof whether made before or after the commencement of this

section and the principles specified in the document entitled “Conditions of

Application of the Route Charges Systems and Conditions of Payment” reference

doc.17.60.02, published by Eurocontrol and any amendment thereof, whether made

before or after the commencement of this Act.

81


Explanatory note

Repeats the approach set out in section 45 of the IAA Act, 1993.

82


Head 59 - Detention of aircraft.

1) Provide that the powers conferred on the Minister by sections 32 and 41 of the Act of

1988 in relation to a matter to which a function of the ATM/ANS provider relates

shall, in lieu of being exercisable by the Minister, be exercisable by the ATM/ANS

provider with the following, and any other necessary, modifications:

(a) the references in the said section 32 to aerodrome charges shall be construed as

references to charges for air navigation services or aeronautical communications

services payable to the Minister or the ATM/ANS provider or, under the terms of

the Multilateral Agreement, to Eurocontrol,

(b) the references in the said section 32 to aircraft documents shall be construed as

references to certificates, records or other documents relating to the use of an

aircraft or its equipment,

(c) in the said section 32—

(i) in subsection (2), “or, in case the charges are alleged to be due to

Eurocontrol, to Eurocontrol” shall be inserted after “as the case may be,”,

(ii) in subsection (3) (a), “or Eurocontrol” shall be inserted after “authority”,

and

(iii) in subsection (10) “or Eurocontrol” shall be inserted after “authority”,

(d) in subsection (1) of the said section 41, the following shall be substituted for

paragraphs (a) to (d):

“(a) any provision of the Air Navigation and Transport Bill or order or regulations

made or directions given thereunder,

(b) the Annexes to the Chicago Convention specified in the Schedule to the Irish

Aviation Authority Act, 1993,

(c) (i) the Eurocontrol Convention,

(ii) the Principal Act and instruments made thereunder,

(iii) orders made under Part II of the Act of 1946 and regulations made and

directions given under such orders, or

(iv) instruments made under the Air Navigation (Eurocontrol) Act, 1963.”, and

(e) in the said section 41, the following shall be substituted for subsection (6):

“(6) In this section ‘authorised officer’ means an authorised officer of the ATM/ANS

provider within the meaning of the Air Navigation and Transport Bill.”

83


Explanatory note

The aim of this section is to give the ATM/ANS provider the power to seek payment of

charges owed to it by detaining aircraft in like manner to that power which the Irish Aviation

authority enjoys for these functions as given to it by section 67 of the IAA Act, 1993.

84


Head 60 - Amend Irish Aviation Authority Act to provide for additional other charges

by the Irish Aviation Authority

(1) Provide for the amendment of section 44 of the Irish Aviation Authority Act, 1993, by

an additional provision that the Irish Aviation Authority may charge such amounts as

it considers appropriate in respect of any functions, powers or duties exercised by its

pursuant to the European Union Regulations listed in Schedule 1 to the Bill.

Explanatory note

Provides for imposition of charges by the Irish Aviation Authority in respect of the discharge

of a function, power or duty given to it in Schedule 1 on European legislation.

85


PART 4

Provisions in relation to Eurocontrol, to International Agreements and

Certain Organisations

Chapter 1 - Provisions in relation Eurocontrol

Head 61 - Venue for proceedings for recovery of sums due to Eurocontrol.

1) Provide that proceedings for the recovery of a sum due by a person to Eurocontrol in

respect of air navigation services or aeronautical communications services provided

by Eurocontrol or any other person shall be brought—

(a) if the residence or, as the case may be, the registered office of the first-

mentioned person, is situated in a contracting state, in that state,

(b) if his residence or, as the case may be, his registered office is not situated in a

contracting state, in any contracting state in which the person has a place of

business,

(c) if his residence or, as the case may be, his registered office is not situated, and

he has no place of business, in a contracting state, in any contracting state in

which he has assets, or

(d) if his residence or, as the case may be, his registered office is not situated, and

he has no place of business or assets, in a contracting state, in the contracting

state in which Eurocontrol, for the time being, has its headquarters.

2) Provide that proceedings in the State for the recovery of a sum due by a person to

Eurocontrol may be taken against the person in any court of competent jurisdiction

by Eurocontrol, the ATM/ANS provider or the Minister.

Explanatory note



86


Head 62 - Keeping of records by aircraft operators.

1) Provide that the ATM/ANS provider may by regulations made by it under this Head

to—

(a) require the operators of aircraft to keep records of the movements of the aircraft in

such form and containing such particulars as may be specified in the regulations,

(b) provide for the production to and the inspection by authorised officers of the

ATM/ANS provider of records kept pursuant to the regulations,

(c) provide that records of the movements of aircraft kept by such persons as may be

designated in the regulations shall, until the contrary is proved, be evidence in

proceedings in relation to an offence under the Acts, of the matters entered,

pursuant to the regulations, in the records, and that documents purporting to be

records of the movements of aircraft and to be kept by persons designated for the

purpose in the regulations shall, until the contrary is proved, be deemed to be such

records and to be so kept.

Explanatory note



87


Chapter 2 - Provisions in relation to the International Civil Aviation Organisation, to

International Agreements and Certain Organisations

Head 63 - Expenses of international organisations.

1) To provide that any sums required for the contribution by the State for membership of

or for the organisation and operations of—

(a) Eurocontrol,

(b) the European Civil Aviation Conference, or

(c) any other international organisation specified by the Minister by order after

consultation with the ATM/ANS provider whose functions relate to a matter to

which a function of the ATM/ANS provider relates,

shall be paid by the Minister out of moneys provided by the Oireachtas.

2) Provide that the ATM/ANS provider shall pay to the Minister an amount equal to the

amount of any payments made by him under this Head.

Explanatory note



88


Head 64 - Attendance of ATM/ANS provider at meetings of or organised by certain

international organisations.

1) Provide that

(a) the ATM/ANS provider may attend a meeting of or organised by any of the

organisations specified in paragraph below in so far as the meeting relates to a

matter to which a function of the ATM/ANS provider relates with, in the case of

an international organisation of which the State is a member and whose functions

relate to a matter to which a function of the ATM/ANS provider relates, the

consent of the Minister and, if the organisation has functions in addition to those

relating to civil aviation, the consent of the Minister for Foreign Affairs.

(b) The organisations referred to above are:

(i) Eurocontrol,

(ii) any other international organisation of which the State is a member and

whose functions relate to a matter to which a function of the ATM/ANS

provider relates.

2) Provide that the ATM/ANS provider may and, if so directed by the Minister, shall

attend, as an observer, a meeting of or organised by an international organisation of

which the State is not a member if the subject matter of the meeting is or includes a

matter to which a function of the ATM/ANS provider relates and such attendance is

permitted by the organisation.

3) Provide that, wherever so requested by the Minister, the ATM/ANS provider shall

submit to him a report in writing of the proceedings at a meeting referred to in in this

Head attended by it or in relation to such matters arising at or relating to such a

meeting as the Minister may specify.

Explanatory note



89


PART 5

Enforcement

Head 65 - Authorised officers

1) Provide that the ATM/ANS provider may appoint persons to be authorised officers for

the purposes of this Bill.

2) Provide that a person appointed shall, on his or her appointment, be furnished by the

ATM/ANS provider with a certificate of his or her appointment and when exercising

a power conferred by this Head shall, if requested by any person thereby affected,

produce such certificate to that person for inspection.

3) Provide that for the purposes of the exercise by the ATM/ANS provider of its

functions under this Bill an authorised officer may—

(a) enter at any reasonable time any premises or place owned or occupied by a

person to whom this section applies and search and inspect the premises and any

books, documents or records found therein,

(b) require any such person to produce to him or her any books, documents or

records which are in the person's power or control, and in the case of information

in a non-legible form to reproduce it in a legible form, and to give to the officer

such information as he or she may reasonably require in relation to any entries in

such books, documents or records,

(c) secure for later inspection any premises or part thereof in which books,

documents or records are kept or there are reasonable grounds for believing that

such books, documents or records are kept,

(d) inspect and take extracts from or make copies of any such books, documents

or records (including in the case of information in a non-legible form a copy of

or extract from such information in a permanent legible form),

(e) remove and retain such books, documents or records for such period as may be

reasonable for further examination,

(f) require the person to maintain such books, documents or records for such period

of time, as may be reasonable, as the authorised officer directs,

(g) require the person to give to the officer any information which he or she may

reasonably require,

(h) require any person on the premises or place having charge of, or otherwise

concerned with the operation of, the data equipment or any associated apparatus

or material, to afford the officer all reasonable assistance in relation thereto.

4) Provide that Head applies to the following persons:

(a) an airport authority,

(b) any person responsible for the carriage of passengers, mail or freight by air to or

from an airport,

90


(c) a supplier of ground handling services

(d) a tour operator or a travel agent

(e) a package provider

(f) an aerodrome operator.

5) Provide that where an authorised officer in exercise of his or her powers under this

Head is prevented from entering any premises or place, an application may be made

to the District Court for a warrant to authorise such entry.

6) Provide that an authorised officer shall not, other than with the consent of the

occupier, enter a private dwelling, unless he or she has obtained a warrant from the

District Court authorising such entry.

7) Provide that if a person to whom this section applies—

(a) obstructs, impedes or assaults an authorised officer in the exercise of a powers,

(b) fails or refuses to comply with a requirement under this Head,

(c) alters, suppresses or destroys any books, documents or records which the person

concerned has been required to produce, or may reasonably expect to be required

to produce,

(d) gives to the ATM/ANS provider or to an authorised officer information which is

false or misleading, in a material respect, or

(e) falsely represents himself or herself to be an authorised officer,

shall be guilty of an offence and shall be liable on summary conviction to a Class A

fine.

Explanatory note

This Head provides for the appointment of authorised officers of the ATM/ANS provider. It

repeats the approach in the provisions currently in force in relation to the Commission for

Aviation Regulation as set out in section 42 of the Aviation Regulation Act, 2001.

91


Head 66 - Search warrants

1) Provide that if a judge of the District Court is satisfied on the sworn information of an

authorised officer that there are reasonable grounds for suspecting that information

required by an authorised officer for the purpose of this Head is held at any premises

or place, the judge may issue a warrant authorising the authorised officer,

accompanied if the officer considers it necessary by other authorised officers or

members of the Garda Síochána, at any time or times, within one month from the date

of issue of the warrant, on production, if so required, of the warrant, to enter, if need

be by reasonable force, the premises or place and exercise all or any of the powers

conferred on an authorised officer.

Explanatory note

This Head provides for the application for search warrants in Court by authorised officers of

the ATM/ANS provider. It repeats the approach in the provisions currently in force in

relation to the Commission for Aviation Regulation as set out in section 43 of the Aviation

Regulation Act, 2001.

92


Head 67 - Indemnification of staff

1) Provide that where the ATM/ANS provider is satisfied that any member of the staff

of the ATM/ANS provider or an authorised officer has discharged his or her duties

in pursuance of the functions of the ATM/ANS provider in a bona fide manner, the

ATM/ANS provider shall indemnify such member of staff or authorised officer,

against all actions or claims howsoever arising in respect of the discharge by him or

her of his or her duties.

Explanatory note

This Head provides for the indemnification of staff of the ATM/ANS provider in the bona

fide exercise of their duties. It repeats the approach in the provisions currently in force in

relation to the Commission for Aviation Regulation as set out in section 44 of the

Commission for Aviation Regulation Act, 2001.

93


Head 68 - Proceedings and Prosecution of summary offences

1) Provide that summary proceedings for an offence consisting of a contravention of an

instrument to which this Part applies made, given or issued by the ATM/ANS

provider or an offence under this Part may be brought and prosecuted by the

ATM/ANS provider.

2) Provide that summary proceedings for an offence in relation to the disclosure by

directors of certain interests, the disclosure by members of staff of certain interests,

the prohibition on unauthorised disclosure of information, or an offence consisting of

a contravention of an instrument to which this Part applies made, given or issued by

the Minister or an offence under this Head in relation to an officer of Eurocontrol may

be prosecuted by the Minister.

3) Provide that notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851,

summary proceedings for an offence under this Act may be instituted within 12

months from the date of the offence.

Explanatory note

This Head provides for the commencement of proceedings by the ATM/ANS provider in

relation to offences under this bill. It repeats the approach set out in current provisions that

apply to the Irish Aviation Authority as set out in section 73 of the Irish Aviation Authority

Act, 1993.

94


Head 69 - Authorised Officers of the Irish Aviation Authority

1) Provide that the Irish Aviation Authority Act, 1993 be amended to provide for the

inclusion of a section to provide that the Irish Aviation Authority may appoint

persons to be authorised officers for the purposes of that Act.

2) Provide that a person appointed shall, on his or her appointment, be furnished by the

Authority with a certificate of his or her appointment and when exercising a power

conferred by this Head shall, if requested by any person thereby affected, produce

such certificate to that person for inspection.

3) Provide that for the purposes of the exercise by the Authority of its functions under

this Bill an authorised officer may—

(a) enter at any reasonable time any premises or place owned or occupied by a

person to whom this section applies and search and inspect the premises and any

books, documents or records found therein,

(b) require any such person to produce to him or her any books, documents or

records which are in the person's power or control, and in the case of information

in a non-legible form to reproduce it in a legible form, and to give to the officer

such information as he or she may reasonably require in relation to any entries in

such books, documents or records,

(c) secure for later inspection any premises or part thereof in which books,

documents or records are kept or there are reasonable grounds for believing that

such books, documents or records are kept,

(d) inspect and take extracts from or make copies of any such books, documents or

records (including in the case of information in a non-legible form a copy of or

extract from such information in a permanent legible form),

(e) remove and retain such books, documents or records for such period as may be

reasonable for further examination,

(f) require the person to maintain such books, documents or records for such period

of time, as may be reasonable, as the authorised officer directs,

(g) require the person to give to the officer any information which he or she may

reasonably require,

(g) require any person on the premises or place having charge of, or otherwise

concerned with the operation of, the data equipment or any associated apparatus

or material, to afford the officer all reasonable assistance in relation thereto.

4) Provide that this Head applies to the following persons:

(a) an airport authority,

(b) an air navigation service provider

95


(c) any person responsible for the carriage of passengers, mail or freight by air

(d) a supplier of ground handling services

(e) a tour operator or a travel agent

(f) a package provider

(g) an aerodrome operator

(h) a person carrying on the business of the design, manufacture, maintenance, repair

or modification of aircraft or parts for aircraft,

(i) a person carrying on the business of the production of material (including fuel)

for aircraft

(j) a person carrying on the activity of the operation of aircraft,

(k) a person engaged in the training persons engaged in the activities listed at above,

except at (e) and (f).

5) Provide that where an authorised officer in exercise of his or her powers under this

Head is prevented from entering any premises or place, an application may be made

to the District Court for a warrant to authorise such entry.

6) Provide that an authorised officer shall not, other than with the consent of the

occupier, enter a private dwelling, unless he or she has obtained a warrant from the

District Court authorising such entry.

7) To provide that if a person to whom this section applies—

(a) obstructs, impedes or assaults an authorised officer in the exercise of their

powers,

(b) fails or refuses to comply with a requirement under this Head,

(c) alters, suppresses or destroys any books, documents or records which the person

concerned has been required to produce, or may reasonably expect to be

required to produce,

(d) gives to the ATM/ANS provider or to an authorised officer information which is

false or misleading, in a material respect, or

(e) falsely represents himself or herself to be an authorised officer,

shall be guilty of an offence and shall be liable on summary conviction to a Class A

fine.

Explanatory note

This Head provides for amended provisions in relation to the appointment of authorised

officers of the Irish Aviation Authority. It repeats the approach in the provisions currently in

force in relation to the Commission for Aviation Regulation as set out in section 42 of the

Aviation Regulation Act, 2001.

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Head 70 - Amend the Irish Aviation Authority Act to provide for application for

search warrants


inclusion of a section to provide that the Irish Aviation Authority may apply for

search warrants.

2) Provide that if a judge of the District Court is satisfied on the sworn information of an

authorised officer of the Authority that there are reasonable grounds for suspecting

that information required by an authorised officer for the purpose of this Head is held

at any premises or place, the judge may issue a warrant authorising the authorised

officer, accompanied if the officer considers it necessary by other authorised officers

or members of the Garda Síochána, at any time or times, within one month from the

date of issue of the warrant, on production, if so required, of the warrant, to enter, if

need be by reasonable force, the premises or place and exercise all or any of the

powers conferred on an authorised officer.

Explanatory note

This Head provides for the application for search warrants in court by authorised officers of

the Irish Aviation Authority. It repeats the approach in the provisions currently in force in

relation to the Commission for Aviation Regulation as set out in section 43 of the Aviation

Regulation Act, 2001.

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Head 71 – Amend Irish Aviation Authority Act to provide for indemnification of staff


inclusion of a section to provide for indemnification of staff

2) Provide that where the Authority is satisfied that any member of the staff of the

Authority or an authorised officer has discharged his or her duties in pursuance of the

functions of the Authority in a bona fide manner, the Authority shall indemnify such

member of staff or authorised officer, against all actions or claims howsoever arising

in respect of the discharge by him or her of his or her duties.

Explanatory note

This Head provides for the indemnification of staff of the Irish Aviation Authority in the

bona fide exercise of their duties. It repeats the approach in the provisions currently in force

in relation to the Commission for Aviation Regulation as set out in section 44 of the

Commission for Aviation Regulation Act, 2001.

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Head 72 - Amend the Irish Aviation Authority Act, 1993 to provide for fixed charge

offences

1) Provide that this Head applies to such summary offences under the Irish Aviation Act

1993 as may be declared by the Minister or the Irish Aviation Authority by

regulations, made after consultation with the Minister for Justice, Equality and Law

Reform, to be fixed charge offences.

2) Provide that where an Authorised Officer, appointed in accordance the Irish Aviation

Authority Act, 1993, has reasonable grounds for believing that a fixed charge offence

is being or has been committed by a person—

a) if the Authorised Officer identifies the person, the Authorised Officer shall serve,

or cause to be served, personally or by post, on the person a notice under this

section,

b) if the Authorised Officer does not identify the person and the offence involves the

use of a registered aircraft, the Authorised Officer shall serve, or cause to be

served, personally or by post, on the operator of the aircraft a notice under this

section.

3) Provide that a notice under this Head in the prescribed form—

a) shall contain details of the manner of payment of a fixed charge, and

b) may specify the person to whom and the place where the payment is to be made

and whether the payment is to be accompanied by the notice, duly completed.

4) Provide that if a notice is served pursuant to this Head shall contain a statement to the

effect that—

a) the person on whom it is served is alleged to have committed an offence specified

in the notice,

b) the person may, during the period of 28 days beginning on the date of the notice,

make a payment of a fixed charge of a prescribed amount as specified in the

notice, and

c) a prosecution in respect of the alleged offence will not be instituted during the

periods specified in the notice or, if a payment so specified in accordance with the

notice, is made during the appropriate period so specified in relation to the

payment, at all.

5) Provide that the payment of a fixed charge shall not be accepted after the expiration of

the period of 28 days beginning on the date of the notice provided for by the Head

was served

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6) Provide that where a notice is served under this Head —

a) a person or the person to whom the notice applies may, during the period

specified in the notice and in accordance with the notice, make a payment

specified in the notice,

b) the payment—

i) may be received in accordance with the notice and the person receiving

the payment may issue a receipt for it, and

ii) shall be paid into or disposed of for the benefit of the Exchequer as the

Minister for Public Expenditure and Reform directs, and shall not be

recoverable by the person who made it,

c) a prosecution in respect of the alleged offence to which the notice relates shall

not be instituted during the periods specified in the notice or, if a payment so

specified is made during the period so specified in accordance with the notice, in

relation to the payment, at all.

7) Provide that a fixed charge offence shall be an offence for the purpose of the Irish

Aviation Authority Act, 1993.

8) Provide that in a prosecution for a fixed charge offence it shall be presumed until the

contrary is shown that—

a) the relevant notice under this section has been served or caused to be served, and

b) that a payment pursuant to the relevant notice under this section, accompanied by

the notice, duly completed (unless the notice provides for payment without the

notice accompanying the payment), has not been made.

9) Provide that regulations prescribing the amount of a fixed charge may prescribe

different amounts in relation to——

a) different fixed charge offences,

c) fixed charge offences involving different classes of aircraft.

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Explanatory Note

A lacuna has been identified in the degree of enforcement that can be applied under the

existing aviation regulation legislation. At present, the range of penalties commences with a

restriction or withdrawal of a licence, approval or certification. This can have significant

impact on an individual’s livelihood or a significant financial impact on a commercial

operation and reflects the serious nature of aviation safety.

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Head 73 - Offences

1) To provide that if in relation to an aircraft there is a contravention of a provision of

this Act or an instrument to which this section applies, the operator of the aircraft (not

being the State) and the pilot in command thereof shall be deemed to have

contravened the provision or instrument, as the case may be.

2) Provide that a person who contravenes or is deemed to have contravened an

instrument to which this section applies or fails to comply with a condition thereof

shall be guilty of an offence.

3) To provide that a person guilty of—

(a) an offence in relation to the disclosure by directors of certain interests, the

disclosure by members of staff of certain interests, the prohibition on

unauthorised disclosure of information, or an offence consisting of a

contravention of an instrument to which this Part applies made, given or issued

by the Minister;

(b) an offence under paragraph (2);

shall be liable—

(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a

term not exceeding 6 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment

for a term not exceeding 3 years or to both.

4) Provide that a person guilty of an offence consisting of a contravention of a regulation

under regulations made in relation to facilitating the assessment and collection of

charges by the ATM/ANS provider in respect of air navigation and aeronautical

communications services or regulations in relation to the keeping of records by

aircraft operators shall be guilty of an offence and shall be liable on summary

conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding

6 months or to both.

5) Provide that a person who obstructs or impedes an authorised officer, an authorised

officer of the company, a member of the staff of the company or an officer of

Eurocontrol in the performance of any function conferred on him or her by or under

this Bill or fails to furnish to such a member information to which he or she is entitled

under section 57B or an order under section 65 of the Irish Aviation Authority Act,

1993, is guilty of an offence and is liable on summary conviction to a fine not

exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.

6) Provide that in a prosecution of a person for an offence under this Act (in relation to

the disclosure by directors of certain interests, the disclosure by members of staff of

certain interests, the prohibition on unauthorised disclosure of information, it shall be

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a defence for the person to prove that the contravention concerned was due to stress of

weather or other unavoidable cause and in a prosecution of the operator or pilot in

command of an aircraft for such an offence, it shall be a defence for him to prove that

the contravention concerned took place without his actual default or privity.

7) Provide that on conviction of a person on indictment for an offence under this Bill, the

court may, in addition to any other penalty, order any apparatus, equipment or other

thing, other than an aircraft, used to commit the offence to be forfeited.

8) Provide that in this Head “an instrument to which this section applies” means an order

or regulation made under the Irish Aviation Authority Act ( in so far as it relates to a

matter to which a function of the ATM/ANS provider relates) or (in so far as it

relates to a matter to which a function of the ATM/ANS provider relates) the Acts or

the Air Navigation (Eurocontrol) Acts, 1963 to 1983, a direction or authorisation to

aircraft to proceed given under this Bill or (in so far as it relates to such a matter as

aforesaid) the Acts or under an order or regulation made under this Bill or (in so far as

it relates to such a matter as aforesaid) the Acts and a certificate, licence or

authorisation issued or given under this Bill or (in so far as it relates to such a matter

as aforesaid) the Acts.

9) Provide that “authorisation to proceed” means an authorisation or instruction, whether

oral or written and by whatever name called given by or on behalf of the ATM/ANS

provider to the pilot in charge of an aircraft in relation to the piloting, control or

movement of the aircraft or otherwise in relation to the aircraft.

10) Provide that where an offence under this bill 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 a person being a director, manager, secretary or other

officer of the body corporate or a person who was purporting to act in any such

capacity, that person, as well as the body corporate, shall be guilty of an offence and

shall be liable to be proceeded against and punished as if he or she were guilty of the

first-mentioned offence.

Explanatory note

This Head provides for liability and defences in relation to offences under this bill. It repeats


in section 74 of the Irish Aviation Authority Act, 1993.

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PART 6

Transitional Provisions

Head 74 - Continuance of certain instruments

1) To provide that an order, regulation, direction, licence, permission, register,

registration, certificate, instrument of approval, notice, instruction or other instrument,

document or record that was made, given, established, issued or granted under a

provision of, or made under, the Acts or the Irish Aviation Authority Act, 1993,

relates to a matter to which a function of the ATM/ANS provider relates and is in

force immediately before the vesting day shall, on and after the vesting day, in so far

as it so relates, continue in force.

2) Provide that references in any statute or instrument under statute or other document or

record referred to in the preceding provision to the Irish Aviation Authority shall, on

and after the vesting day, in so far as the reference relates to a matter to which a

function of the ATM/ANS provider relates, be construed as a reference to the

ATM/ANS provider.

Explanatory note

This Head provides for the continuance of certain instruments made by the Minister or the

Irish Aviation Authority and repeats the approach set out in current provisions that apply to


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Head 75 - Continuance of pending legal proceedings

1) Provide that any legal proceedings relating to a matter to which a function of the

ATM/ANS provider relates and pending immediately before the vesting day to which

the Irish Aviation Authority, the Minister, any other State authority or the State is a

party shall be continued with the substitution in the proceedings, in so far as they so

relate, for any such party of the ATM/ANS provider.

Explanatory note

This Head provides for the continuance of certain legal proceedings by the Minister or the



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Head 76 - Transfer of land

1) Provide that:

(a) on the vesting day such land which, immediately before that day, was vested in

the Irish Aviation Authority, the Minister, the Minister for Public Expenditure

and Reform or the Commissioners as may be designated by the Minister for the

purposes of this Head with the consent of the Minister for Public Expenditure and

Reform and all rights, powers and privileges relating to or connected with such

land shall, without any conveyance or assignment, but subject to the provisions

on minerals and foreshore below, stand vested in the ATM/ANS provider for all

the estate or interest for which immediately before the vesting day it was vested

in the Irish Aviation Authority, the Minister, the Minister for Public Expenditure

and Reform or the Commissioners, as the case may be, but subject to all trusts

and equities affecting the land subsisting and capable of being performed.

(b) on such day after the vesting day, but not more than one year thereafter, as may

be specified by the Minister with the consent of the Minister for Public

Expenditure and Reform, such land vested in the Irish Aviation Authority, the

Minister, the Minister for Public Expenditure and Reform or the Commissioners

as may be designated by the Minister for the purposes of this section with the

consent of the Minister for Public Expenditure and Reform and all rights, powers

and privileges relating to or connected with such land shall, without any

conveyance or assignment, but subject to the provisions on minerals and

foreshore below, stand vested in the ATM/ANS provider for all the estate or

interest for which immediately before the day so specified it was vested in the

Irish Aviation Authority, the Minister, the Minister for Public Expenditure and

Reform or the Commissioners but subject to all trusts and equities affecting the

land subsisting and capable of being performed.

2) Provide that this Head shall not operate to vest in the ATM/ANS provider any

minerals or any rights of mining or taking minerals, or any foreshore, within the

meaning of the Foreshore Act, 1933.

3) Provide that, where, immediately before the vesting day, land vested in the Irish

Aviation Authority, the Minister, the Minister for Public Expenditure and Reform or

the Commissioners was being used for the purpose of a function of the Irish Aviation

Authority corresponding to a function of the ATM/ANS provider, the Irish Aviation

Authority, the Minister, the Minister for Public Expenditure and Reform or the

Commissioners, as the case may be, may, upon and subject to such terms and

conditions as the Irish Aviation Authority, the Minister, the Minister for Public

Expenditure and Reform or the Commissioners, as the case may be, may determine,

lease or let the land to, or license its use by, the ATM/ANS provider or a subsidiary.

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4) Provide that this provision shall not operate to vest in the ATM/ANS provider any

rights or interests in relation to sovereign airspace.

Explanatory note

This Head provides for the transfer of land from the Irish Aviation Authority to the

ATM/ANS provider and repeats the approach set out in current provisions that apply to the


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Head 77 - Transfer of other property

1) Provide that on the vesting day all property other than land, including choses-in-

action, which immediately before that day was the property of the Irish Aviation

Authority and was used in connection with a function of the Irish Aviation Authority

corresponding to a function of the ATM/ANS provider shall stand vested in the

ATM/ANS provider without any assignment.

2) Provide that the Minister may on his own initiative and shall on the application of the

ATM/ANS provider issue a certificate in respect of specified property stating, as he

thinks proper, that the property vested in the ATM/ANS provider under this section or

did not so vest and the certificate shall be conclusive evidence of the facts so stated.

3) To provide that every chose-in-action transferred by this Head to the ATM/ANS

provider may, after the vesting day, be sued on, recovered or enforced by the

ATM/ANS provider in its own name and it shall not be necessary for the ATM/ANS

provider, the Irish Aviation Authority or the Minister to give notice to the person

bound by the chose-in-action of the transfer effected by that subsection.

Explanatory note

This Head provides for the transfer of other property of the Irish Aviation Authority to the

ATM/ANS provider and repeats the approach set out in current provisions that apply to the


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Head 78 - Transfer of rights and liabilities

1) Provide that subject to the Heads on transitional financial provisions and the liability

for loss occurring before vesting day, all rights and liabilities of the Irish Aviation

Authority arising by virtue of any contract or commitment (expressed or implied)

entered into by the Authority before the vesting day in relation to a function of the

Irish Aviation Authority corresponding to a function of the ATM/ANS provider shall

on that day stand transferred to the ATM/ANS provider.

2) Provide that the Minister may on his own initiative and shall on the application of the

ATM/ANS provider issue a certificate in respect of a specified contract or

commitment stating, as he thinks proper, that the rights and liabilities of the Irish

Aviation Authority thereunder were transferred on the vesting day to the ATM/ANS

provider under this section or were not so transferred and the certificate shall be

conclusive evidence of the facts so certified.

3) Provide that every right and liability transferred by this Head to the ATM/ANS

provider may, on and after the vesting day, be sued on, recovered or enforced by or

against the ATM/ANS provider in its own name and it shall not be necessary for the

ATM/ANS provider, the Irish Aviation Authority or the Minister to give notice to the

person whose right or liability is transferred by this section of such transfer.

Explanatory note

This Head provides for the transfer of certain rights and liabilities of the Irish Aviation

Authority to the ATM/ANS provider and repeats the approach set out in current provisions

that apply to the Irish Aviation Authority as set out in section 79 of the IAA Act, 1993.

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Head 79 - Transitional financial provisions

1) Provide that the ATM/ANS provider shall pay to or in respect of every staff member

of the Irish Aviation Authority transferred to the staff of the ATM/ANS provider

under this Bill any amount due to or in respect of that staff member in respect of

service as a staff member and unpaid on the vesting day and the ATM/ANS provider

shall, with the concurrence of the Minister and the Minister for Public Expenditure

and Reform, be reimbursed by the Irish Aviation Authority in respect of any such

payments (other than payments made in respect of untaken leave).

2) Provide that the ATM/ANS provider may pay any amounts owed by the Irish

Aviation Authority for goods and services provided to the Irish Aviation Authority in

the performance of a function of the Irish Aviation Authority corresponding to a

function of the ATM/ANS provider, and unpaid on the vesting day, and the

ATM/ANS provider shall, with the concurrence of the Minister and Minister for

Public Expenditure and Reform, be reimbursed by the Irish Aviation Authority in

respect of any such payments.

3) Provide that Irish Aviation Authority shall, with the concurrence of the Minister and

Minister for Public Expenditure and Reform, pay to the ATM/ANS provider an

amount equal to the amount of any advance payments received by the Irish Aviation

Authority before the vesting day in respect of goods or services to be provided by the

ATM/ANS provider on or after the vesting day less the amount of any costs incurred

by the Irish Aviation Authority in collecting such payments.

4) Provide that the ATM/ANS provider shall collect any amount due to the Irish

Aviation Authority after the vesting day in respect of goods or services provided by

the Irish Aviation Authority before the vesting day in the performance of a function of

the Irish Aviation Authority corresponding to a function of the ATM/ANS provider

and, for the purposes of this provision, any such amount shall be deemed to be a

simple contract debt due to the ATM/ANS provider that may be recovered by the

ATM/ANS provider in any court of competent jurisdiction; and the ATM/ANS

provider shall pay to the Irish Aviation Authority an amount equal to the amount of

any sum collected or recovered by it under this provision less the amount of any costs

incurred by it in collecting or recovering the amount.

5) Provide that where any payments fall to be made by the ATM/ANS provider in

respect of overpayments made to the Irish Aviation Authority for goods and services

provided by the Irish Aviation Authority before the vesting day in the performance of

a function of the Irish Aviation Authority corresponding to a function of the

ATM/ANS provider, the Irish Aviation Authority shall pay to the ATM/ANS provider

an amount equal to the amount of the payments aforesaid.

6) Provide that all sums required to be paid under this section shall become due and

payable on such date or dates as the Minister, in consultation with the Irish Aviation

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Authority and the ATM/ANS provider and with the concurrence of the Minister for

Public Expenditure and Reform, may determine.

7) Provide that the ATM/ANS provider shall furnish to the Irish Aviation Authority such

information, records and documents as the Irish Aviation Authority may require for

the purposes of this Head and the Irish Aviation Authority or its officers may inspect

and take copies of or of extracts from all relevant records and documents of the

ATM/ANS provider.

8) Provide that, the Irish Aviation Authority shall furnish to the ATM/ANS provider

such information, records and documents as the ATM/ANS provider may require for

the purposes of this section and the ATM/ANS provider and its officers may inspect

and take copies of or of extracts from all relevant records and documents held by the

Irish Aviation Authority, the Minister, his Department or other State authorities.

9) Provide that, in the event of a disagreement as to any amount to be paid by the Irish

Aviation Authority to the ATM/ANS provider or by the ATM/ANS provider to the

Irish Aviation Authority under this Head, the decision of the Minister, given with the

concurrence of the Minister for Public Expenditure and Reform, shall be final.

Explanatory note

This Head provides for transitional financial provisions involving the Irish Aviation

Authority and the ATM/ANS provider and repeats the approach set out in current provisions

that apply to the Irish Aviation Authority as set out in section 80 of the IAA Act, 1993.

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Head 80 - Liability for loss occurring before vesting day

1) Provide that subject to this Head, where a claim in respect of any loss, injury or

damage arising out of the exercise before the vesting day of functions transferred to

the ATM/ANS provider by or under this Bill has not been made before that day or, if

so made, has not been satisfied or otherwise disposed of, the claim shall, after that

day, lie against the ATM/ANS provider and not against the Irish Aviation Authority,

Minister, any other State authority or the State.

2) Provide that the provision above shall not apply in relation to a loss or an injury or

damage referred to above if there is in force a policy of insurance under which the

Irish Aviation Authority is insured against any sum which he is liable to pay by way

of damages or costs in respect of the loss, injury or damage.

3) Provide that, where, before the vesting day, agreement in settlement of a claim to

which this Head relates has been reached between the parties and the terms of the

agreement have not been implemented or judgment has been given in favour of the

person making the claim and the judgment has not been enforced, the terms of the

agreement or the judgment, as the case may be, shall, in so far as enforceable against

the Irish Aviation Authority, the Minister, any other State authority or the State, be

enforceable against the ATM/ANS provider and not against the Irish Aviation

Authority, the Minister, any other State authority or the State.

4) Provide that any claim made or proper to be made by the Irish Aviation Authority, the

Minister, any other State authority or the State in respect of any loss, injury or damage

arising from the act or default of any person before the vesting day shall, where the

claim relates to functions assigned to the ATM/ANS provider by or under this Bill, be

regarded as made by or proper to be made by the ATM/ANS provider and may be

pursued and sued for by the ATM/ANS provider as if the loss, injury or damage had

been suffered by the ATM/ANS provider.

5) Provide that where, before the vesting day, settlement of a claim to which this Head

relates has been reached between the parties and the terms of the agreement have not

been implemented or judgment has been given in favour of the Irish Aviation

Authority, the Minister, any other State authority or the State and the judgment has

not been enforced, the terms of the agreement or the judgment, as the case may be,

shall, in so far as enforceable by the Irish Aviation Authority, the Minister, any other

State authority or the State, be enforceable by the ATM/ANS provider.

6) Provide that this Head does not apply to a claim by one State authority against

another.

7) Provide that the Irish Aviation Authority shall pay to the ATM/ANS provider a sum

equal to the amount of any payment made by the ATM/ANS provider in respect of a

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claim referred to in the first and third paragraphs of this Head including any payment

in respect of costs necessarily incurred in relation to the claim by any party.

Explanatory note

This Head provides for the attribution of liability for loss before the vesting day involving the



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PART 7

Miscellaneous

Head 81 - Charge of rates on property of ATM/ANS provider

1) Provide that property vested in the ATM/ANS provider on or after the vesting day

shall from the commencement of the financial year commencing next after the

vesting day, be subject to rates chargeable by a local authority in the ATM/ANS

provider’s name and not the name of the Irish Aviation Authority.

Explanatory note

Make the ATM/ANS provider subject to rates in a similar way to the method by which IAA

was made subject to paying rates by section 69 of the IAA Act, 1993.

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Head 82 - Restriction of Worker Participation (State Enterprises) Acts, 1977 to 1991

1) Provide that the Worker Participation (State Enterprises) Acts, 1977 to 1991, shall not

apply to the ATM/ANS provider.

Explanatory note

This Head contains a standard restriction of worker participation. It repeats the approach set

out in current provisions that apply to the Irish Aviation Authority as set out in section 71 of

the IAA Act, 1993.

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Head 83 - Annual performance statements

(1) No later than 30 April in each year, the Authority shall prepare a statement relating to

the Authority’s performance in regulating aviation safety (in this section called an

‘aviation safety performance statement’).

(2) An aviation safety performance statement is to be in 3 parts—

(a) details, including the aims and objectives, of regulatory activity planned for the

current year (in this subsection called a ‘Regulatory Performance Plan’),

(b) a review of the Authority’s regulatory performance during the preceding year

having regard to the Regulatory Performance Plan for that year and any other

relevant matters, and

(c) the report of any international peer review carried out during the preceding year

under Head 84.

(3) The review of the Authority’s regulatory performance required by subsection (2)(b)

shall include details of the activities carried out during the relevant year in relation to-

(a) the State Safety Plan

(b) the Annual Safety Performance Review

(c) the part of the Authority responsible for internal audit,

(4) An aviation safety performance statement is to be in the form, and is to relate to the

matters, that the Minister directs, but shall not relate to the exercise by the Chief

Executive of his or her functions under the EASA Regulations.

(5) Within one month after receiving an aviation safety performance statement, the

Minister will lay it before each House of the Oireachtas.

(6) If the Chief Executive Officer or a Head of Function is requested by a Committee of

the Oireachtas to—

(a) attend before the Committee, and

(b) provide that Committee with information relating to the Authority’s aviation

safety performance statement, the Chief Executive Officer or Head of Function

shall—

(i) appear before the Committee, and

(ii) provide the Committee with such information relating to the performance

statement as the Committee requires.

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(7) The reference in subsection (6) to a Committee of the Oireachtas is a reference to a

Committee appointed by either House or by both Houses jointly to examine matters

relating to the Authority and includes a subcommittee of such a Committee but does

not include the Committee on Members’ Interests of Dáil Éireann or the Committee

on Members’ Interests of Seanad Éireann.

Explanatory note

This provision is modelled on section 32L of the Central Bank Act (as amended by the

Central Bank Reform Act, 2010) and requires the Authority to provide an annual assessment

of its regulatory safety performance alongside a plan for the coming year to the Minister, who

then lays this report before the Oireachtas. Either the CEO or a Head of Function can then be

called by an Oireachtas committee to account for the contents of the report.

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Head 84 - International peer review of regulatory performance

At least every 5 years the Authority shall make appropriate arrangements for—

(a) another national civil aviation authority, or

(b) another person or body certified by the Chief Executive, after consultation with

the Minister, as appropriate, to carry out a review of the Authority’s

performance of its regulatory functions.

Explanatory note

Provides for additional oversight of the Authority through a periodic review of its regulatory

performance by an independent outside party. Such regular external review of regulators is

recommended as best practice by the OECD. The Central Bank Act contains a similar

provision at section 32M.

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Head 85 - Accountability of Authority to Committees of Oireachtas.

(1) The Authority shall, whenever required by the Committee of Dáil Éireann

established under the Standing Orders of Dáil Éireann to examine and report to Dáil

Éireann on the appropriation accounts and reports of the Comptroller and Auditor

General, attend before and give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be

recorded in any book or other record of account subject to audit by the

Comptroller and Auditor General which the Commission is required by or under

statute to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Commission for the

purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in a special report of the

Comptroller and Auditor General under section 11(2) of the Comptroller and

Auditor General (Amendment) Act 1993, or in any other report of the

Comptroller and Auditor General (in so far as it relates to a matter specified in

paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) From time to time, and whenever so requested, the Authority shall account for the

performance of its functions to a Committee of one or both Houses of the Oireachtas

and shall have regard to any recommendations of such Committee relevant to its

functions.

Explanatory note

This Head provides for direct accountability of the Authority to Oireachtas committees; to the

Public Accounts Committee in relation to its accounts and internal controls, and more broadly

to any other Committee that requires the Authority to account for the performance of its

functions. It draws on section 31 of the Railway Safety Act, 2005.

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PART 8

Competent Authorities for the purposes of European Union Regulations on

aviation

Head 86 – Designation of Irish Aviation Authority as Competent Authority

1) Provide that the Irish Aviation Authority is designated as the competent authority in

the State for the purposes of the European Union Regulations listed in column (a) of

Schedule 1, to the extent set out in column (b).

2) Provide that the Minister may by order amend the Schedule by the insertion therein of

a reference to a European Union Regulation and the Irish Aviation Authority may

thereby be designated as competent authority in the State for the purposes of that

Regulation to the extent provided for in the Ministerial Order.

3) Provide that a function, power or duty of a competent authority under one of the

Regulations listed in Schedule 1 of this Bill shall be a function, power or duty of the

Irish Aviation Authority under the Irish Aviation Authority Act, 1993.

Explanatory note

This Head provides the Minister with the power, by order, to designate the Irish Aviation

Authority as competent authority within the state for various European Union Regulations as

listed in Schedule 1 to this Bill, relating to its functions. It provides for the Minister may

thereafter amend that Schedule. In addition, functions and powers performed under the EU

Regulations shall be functions and powers for the purposes of Irish legislation and thus

subject to the charges made under the Irish legislation, as appropriate.

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SCHEDULES

SCHEDULE 1

Column (a)

European Union Regulation

Column (b)

Notes

Air Carriers

Council Regulation (EU) 2018/1139 on

common rules in the field of civil aviation

and establishing a European Union Aviation

Safety Agency, and amending Regulations

(EC) No 2111/2005, (EC) No 1008/2008,

(EU) No 996/2010, (EU) No 376/2014 and

Directives 2014/30/EU and 2014/53/EU of

the European Parliament and of the Council,

and repealing Regulations (EC) No

552/2004 and Regulation (EU) 2018/1139

of the European Parliament and of the

Council and Council Regulation (EEC) No

3922/91

Designated as competent authority.

Council Regulation (EC) No 1008/2008 of

24 September 2008 on common rules for the

operation of air services in the Community

(Recast)

Designated as the competent licensing

authority in the State for the

purposes of the Regulation.

Designated in relation to the provision son

Pricing in Chapter 4.

This is a restatement of regulation 3 of S.I.

426 of 2008. It also inserts a proposed

designation by DTTAS

Commission Regulation No. 965 of 2012

laying down technical requirements and

administrative procedures related to air

operations pursuant to Regulation (EU)

2018/1139 of the European Parliament and

of the Council, as amended by Commission

Regulation (EU) No 800/2013, Commission



121




Regulation (EU) 2015/140, Commission




Regulation (EU) 2016/1199 and

Commission Regulation (EU) 2017/363.

Council Regulation No. 376 of 2014 on the

reporting, analysis and follow-up of

occurrences in civil aviation, amending

Regulation (EU) No 996/2010 of the

European Parliament and of the Council and

repealing Directive 2003/42/EC of the


Commission Regulations (EC) No

1321/2007 and (EC) No 1330/2007.

Designated as the competent authority for

the purposes of Article 6 and the body

responsible for Article 16 of Council

Regulation No. 376 of 2014.

Commission Implementing Regulation No.

1018 of 2015 laying down a list, classifying

occurrences in civil aviation to be

mandatorily reported according to

Regulation (EU) No 376/2014 of the

European Parliament and of the Council.




administrative procedures related to air

operations of third country operators

pursuant to Regulation (EU) 2018/1139 of


as amended by: Commission Regulation

(EU) 2016/1158.


Air Navigation

Commission Implementing Regulation No

1034/2011 on safety oversight in air traffic

management and air navigation services and

amending Regulation (EU) No 691/2010.


122


Commission Regulation No 1332 of 2011

laying down common airspace usage

requirements and operating procedures for

airborne collision avoidance, as amended by





administrative procedures relating to air

traffic controllers' licences and certificates

pursuant to Regulation (EU) 2018/1139 of


amending Commission Implementing

Regulation (EU) No 923/2012 and repealing

Commission Regulation (EU) No 805/2011.



2017/373 (2) laying down common

requirements for providers of air traffic

management/air navigation services and

other air traffic management network

functions and their oversight, repealing

Regulation (EC) No 482/2008,

Implementing Regulations (EU) No

1034/2011, (EU) No 1035/2011 and (EU)

2016/1377 and amending Regulation (EU)

No 677/2011.



390/2013 laying down a performance

scheme for air navigation services and

network functions.



391/2013 laying down a common charging

scheme for air navigation services.


Air Passengers

Regulation (EC) No 261/2004 of 11

February 2004 establishing common rules

on compensation and assistance to

passengers in the event of denied boarding

and of cancellation or long delay of flights,

and repealing Regulation (EEC) No 295/91.

Designated for the purposes of Article 16 of

Regulation (EC) No.261 of 2004.

This is a restatement of the designation of

CAR s.8(4) of the Aviation Regulation Act,

2001 as inserted by s.5(1)(b) of the Aviation

123


Act 2006.

Regulation (EC) No 1107/2006 of 5 July

2006 concerning the rights of disabled

persons and persons with reduced mobility

when travelling by air.

Designated as the body responsible for the

enforcement of the Regulation (including

the implementation of Article 8) as regards

flights departing from or arriving at airports

situated in the State.

This is a restatement of the designation of

CAR under S.I. 299 of 2008

Airports

Commission Regulation No. 139/2014

laying down requirements and

administrative procedures related to

aerodromes pursuant to Regulation (EU)

2018/1139 of the European Parliament and

of the Council, as amended by: Commission

Regulation (EU) 2018/401.


Aircraft

Commission Regulation No 748/2012

laying down implementing rules for the

airworthiness and environmental

certification of aircraft and related products,

parts and appliances, as well as for the

certification of design and production

organisations, as amended by Commission







on the continuing airworthiness of aircraft

and aeronautical products, parts and

appliances, and on the approval of

organisations and personnel involved in

these tasks, as amended by: Commission





124


Commission Regulation No. 640 of 2015 on

additional airworthiness specifications for a

given type of operations and amending

Regulation (EU) No 965/2012.


Aviation Safety

Council Regulation No. 3922 of 91 on the

harmonisation of technical requirements and

administrative procedures in the field of

civil aviation (Articles 1-3, 4(2), (5-11, and

13), as amended by: Regulation (EC) No

1899/2006, Regulation (EC) No 1900/2006,

Commission Regulation (EC) No 8/2008

and Commission Regulation (EC) No

859/2008


Pilots and Cabin Crew


of 3 November 2011 laying down technical

requirements and administrative procedures

related to civil aviation aircrew pursuant to

Regulation (EU) 2018/1139 of the European

Parliament and of the Council, as amended

by: Commission Regulation (EU) No

290/2012, Commission Regulation (EU) No

70/2014, Commission Regulation (EU) No

245/2014, Commission Regulation (EU)

2015/445 and Commission Regulation (EU)

2016/539.


Security

Council Regulation No. 300 of 2008 on


security and repealing Regulation (EC) No

2320/2002

Designated as appropriate authority for the

purposes of Article 9.

Commission Regulation No 272 of 2009

supplementing the common basic standards

on civil aviation security laid down in the

Annex to Regulation (EC) No 300/2008 of

125



as amended by: Commission Regulation

(EU) No 297/2010, Commission Regulation

(EU) No 720/2011, Commission Regulation

(EU) No 1141/2011, Commission



amending Regulation (EC) No. 300 of 2008

of the European Parliament and of the

Council as far as specifications for national

quality control programmes in the field of

civil aviation security are concerned.


laying down procedures for conducting

Commission inspections in the field of

aviation security, as amended by:

Commission Implementing Regulation (EU)

2016/472.

Commission Implementing Regulation

No.2015/1998 laying down detailed

measures for the implementation of the

common basic standards on aviation

security, as amended by: Commission

Implementing Regulation (EU) 2015/2426,


2017/815.

Personnel of the Security Section of the

Irish Aviation Authority responsible for the

implementation of, screening, access control

or other security controls in a security

restricted area shall be required to complete

an enhanced background check.

Note: This will enable such staff to directly

access AGS services without going through

airport operators.

Commission Regulation (EU) 2016/2096

of 30 November 2016 amending Regulation

(EU) No 1254/2009 as regards certain

criteria to allow Member States to derogate

from the common basic standards on civil

aviation security and to adopt alternative

security measures.

Regulation 1254/2009 – derogate from the

common basic standards on civil aviation

security, (as amended).

126


Commission Regulation (EU) 748/2009 –

on the list of aircraft operators which

performed an aviation activity listed in

Annex I to Directive 2003/87/EC on or after

1 January 2006 specifying the administering

Member State for each aircraft operator

2016/282

Slot Coordination

Council Regulation (EEC) No 95/93 of 18

January 1993 on common rules for the

allocation of slots at Community airports as

amended by Regulation (EC) No 793/2004

of 21 April 2004

(1) Designated as the competent authority

in the State for the purposes of Council

Regulation (EEC) No. 95/93, as amended

by Regulation (EC) No 793/2004, other than

the functions of the coordinator.

(2) Designated for the function of

appointing a coordinator under Article 4 of

Council Regulation (EEC) No. 95/93, as

amended by Regulation (EC) No 793/2004.

These are updated restatements of s. 8(1) &

(2) of the Aviation Regulation Act, 2001

127


SCHEDULE 2

Column (a) European Union Regulation Column (b) EU Legislation under which

the ATM/ANS provider can make orders

for fees and charges in accordance with

Head XYZ

Air Navigation Service Provision

Council Regulation No. 549 of 2004 laying

down the framework for the creation of the

Single European Sky (the Framework

Regulation), as amended by: Regulation

(EC) No 1070/2009.

Council Regulation No 550 of 2004 on the

provision of air navigation services in the

Single European Sky (the Service Provision


(EC) No 1070/2009.


organisation and use of the airspace in the

Single European Sky (the Airspace


(EC) No 1070/2009.


interoperability of the European Air Traffic

Management network (the Interoperability


(EC) No 1070/2009.


laying down common rules for the flexible

use of airspace.

Council Regulation No 219/2007 on the

establishment of a Joint Undertaking to

develop the new generation European air

traffic management system (SESAR), as

amended by: Council Regulation (EC) No

1361/2008, Council Regulation (EU) No

721/2014.


laying down common rules on air traffic

flow management, as amended by:

128



No 923/2012 and Commission

Implementing Regulation (EU) 2016/1006.

Commission Regulation No 176/2011 on

the information to be provided before the

establishment and modification of a

functional airspace block.


laying down detailed rules for the

implementation of air traffic management

(ATM) network functions and amending

Regulation (EU) No 691/2010, as amended

by: Commission Implementing Regulation

(EU) No 970/2014 and Commission



1035/2011 laying down common

requirements for the provision of air

navigation services and amending

Regulations (EC) No 482/2008 and (EU)

No 691/2010, as amended by: Commission

Implementing Regulation (EU) No

923/2012 and Commission Implementing

Regulation (EU) No 448/2014


1206/2011 laying down requirements on

aircraft identification for surveillance for the

single European sky.


1207/2011 laying down requirements for the

performance and the interoperability of

surveillance for the single European sky, as

amended by: Commission Implementing

Regulation (EU) No 1028/2014 and


2017/386.


923/2012 laying down the common rules of

the air and operational provisions regarding

services and procedures in air navigation

and amending Implementing Regulation

(EU) No 1035/2011 and Regulations (EC)

129


No 1265/2007, (EC) No 1794/2006, (EC)

No 730/2006, (EC) No 1033/2006 and (EU)

No 255/2010, as amended by: Commission

Regulation (EU) 2015/340 and Commission


Council Regulation (EU)2018/1139 on


and establishing a European Union Aviation

Safety Agency, and amending Regulations

(EC) No 2111/2005, (EC) No 1008/2008,

(EU) No 996/2010, (EU) No 376/2014 and

Directives 2014/30/EU and 2014/53/EU of


and repealing Regulation (EC) No 552/2004

and Regulation (EU) 2018/1139 of the


Council Regulation (EEC) No 3922/91.

NB. This Regulation is in partial operation

Air Navigation Communications


laying down the requirements on procedures

for flight plans in the pre-flight phase for

the Single European Sky, as amended by:


No 923/2012, Commission Implementing




laying down requirements for automatic

systems for the exchange of flight data for

the purpose of notification, coordination and

transfer of flights between air traffic control

units, as amended by: Commission

Regulation (EC) No 30/2009.


laying down requirements for the

application of a flight message transfer

130


protocol used for the purpose of

notification, coordination and transfer of

flights between air traffic control units, as

amended by: Commission Regulation (EU)

No 283/2011.

Commission Regulation No 29/2009 laying

down requirements on data link services for

the Single European Sky, as amended by:


2015/310.


laying down requirements for the

coordinated allocation and use of Mode S

interrogator codes for the Single European

Sky, as amended by: Commission



laying down requirements on the quality of

aeronautical data and aeronautical

information for the Single European Sky, as

amended by: Commission Implementing



1079/2012 laying down requirements for

voice channels spacing for the single

European sky, as amended by: Commission

Implementing Regulation (EU) No

657/2013 and Commission Implementing

Regulation (EU) 2016/2345.

131


SCHEDULE 3

Annexes to Chicago Convention in relation to which functions stand conferred on Irish

Aviation Authority

Annexe 1 - Personnel Licensing

Annexe 2 - Rules of the Air

Annexe 4 - Aeronautical Charts

Annexe 5 - Units of Measurement to be used in Ground and Air Operations

Annexe 6 - Operation of Aircraft

Annexe 7 - Aircraft Nationality and Registration Marks

Annexe 8 - Airworthiness of Aircraft

Annexe 10 - Aeronautical Telecommunications

Annexe 11 - Air Traffic Services

Annex 12 - Search and Rescue

Annexe 14 - Aerodromes

Annexe 15 - Aeronautical Information Services

Annexe 16 - Environmental Protection

Annex 17 - Security

Annexe 18 - The Safe Transport of Dangerous Goods by Air

Annex 19 - Safety Management

Documents

General Scheme Air Navigation and Transport Bill 2019 · “the Acts” means the Air Navigation and Transport Acts, 1936 to 1988; ‘aerodrome’ means a defined area, on land or