Irish Aviation Authority Act 1993

Objects of company.

14

14.— (1) The principal objects of the company shall be stated in its memorandum of association to be—

(a) to give effect to the Annexes to the Chicago Convention specified in F9[Schedule 1] except in so far as they relate to the making of agreements between the State and other states,

(b) to ensure that Irish airspace and other airspace in relation to which air navigation services are provided by the company are used in a safe and efficient manner and to facilitate their use,

(c) subject to section 68, to provide, operate and manage, or arrange for the provision, operation and management of, air navigation services in Irish and other airspace,

(d) to such extent as the company considers appropriate, to operate and manage terminal services at State aerodromes and licensed aerodromes and to regulate the provision, operation and management of terminal services at State aerodromes and at licensed aerodromes,

(e) 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,

(f) to impose charges for the use of services provided by the company,

(g) to arrange for the medical examination of applicants for and holders of certificates or licences issued by the company,

(h) to regulate for the purposes of paragraph (a) the following:

(i) the registration, airworthiness, operation and maintenance of aircraft, and

(ii) the competence of persons engaged in or associated with—

(I) the design, manufacture, maintenance, repair andmodification of aircraft and parts and materials for aircraft,

(II) the operation of aircraft,

(III) the operation and maintenance of air navigation services in Irish and other airspace and the maintenance of air navigation systems,

(IV) the operation of aeronautical communications services and the maintenance of aeronautical communications systems, and

(V) the operation and management of, and the provision of services at, aerodromes,

(i) 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 company relates,

(j) to take such measures as it considers necessary or expedient to give effect to the purposes of—

F8[(i) the Eurocontrol Convention,]

(ii) the Arrangements, and

(iii) 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 company relate,

(k) to attend (by its directors or staff) and, unless the Minister otherwise directs, to represent (by its directors or staff) the State, 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 company relate,

(l) 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 company relate, on its own behalf or on behalf of others,

(m) 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 with its other objects and will, in the opinion of the company, enhance its effectiveness and profitability,

(n) to provide, in relation to matters to which its functions relate, such consultancy, advisory and training services in and outside the State as the company thinks fit, and

(o) to utilise, manage and develop the resources available to it in a manner consistent with the objects aforesaid.

(2) Nothing in this section shall prevent or restrict the inclusion among the objects of the company, 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 Act or with the active promotion of aviation safety and the orderly development of civil aviation.

(3) The company shall have power to do anything (including making regulations) that appears to it to be necessary, expedient, or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in, or in an order under, this Act or in its memorandum of association and is not inconsistent with any law for the time being in force.

(4) The Minister may, for the purpose of giving full effect to the conferral of functions by or under this Act on the company, by order adapt any enactment with the consent of any other Minister of the Government responsible for the administration of that enactment.

(5) Any function conferred on the company by or under this Act and which, immediately before the commencement of this section, was a function of the Minister shall, upon such commencement, cease to be a function of the Minister.

F9[(6) (a) For the avoidance of doubt, the reference to "(including making regulations)" in subsection (3) includes making regulations that apply to the Irish Coast Guard.

(b) The company shall consult with the Irish Coast Guard before it makes regulations that apply to the Irish Coast Guard.

(c) The company shall, in making regulations that apply to the Irish Coast Guard, have regard to—

(i) the public benefit of the Irish Coast Guard,

(ii) the need to balance safety regulation with the need to provide effective emergency aviation responses to medical emergencies, accidents and serious incidents within the State,

(iii) the need to provide for greater specificity in relation to the regulatory framework for the oversight of aviation activities by and for the Irish Coast Guard, and

(iv) any regulations made under section 69A.]

Annotations

Amendments:

F8

Substituted (4.04.2006) by Aviation Act 2006 (7/2006), s. 2(b), commenced on enactment.

F9

Substituted (1.05.2023) by Air Navigation and Transport Act 2022 (40/2022), s. 58(a), (b), S.I. No. 220 of 2023.

Modifications (not altering text):

C10

Activity under section deemed not unlawful as regards discrimination on grounds of age or disability (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 17(3)(e), S.I. No. 320 of 1999.

Compliance with statutory requirements etc.

17.— ...

(3) In relation to discrimination on the age ground or the disability ground, nothing in this Act shall render unlawful any act done in compliance with any provision made by or under—

...

(e) sections 5, 14, 58 and 60 of the Irish Aviation Authority Act, 1993.

...

Editorial Notes:

E78

Power pursuant to section exercised (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), in effect as per art. 1(2).

E79

Power pursuant to section exercised (1.01.2006) by Irish Aviation Authority (Protected Area) Order 2005 (S.I. No. 777 of 2005), in effect as per art. 1(b).

E80

Power pursuant to section exercised (1.03.2005) by Irish Aviation Authority (Air Traffic Control Standards) Order 2004 (S.I. No. 856 of 2004), in effect as per art. 1(2).

E81

Power pursuant to section exercised (1.03.2005) by Irish Aviation Authority (Air Traffic Service Systems) Order 2004 (S.I. No. 855 of 2004), in effect as per art. 1(2).

E82

Power pursuant to section exercised (1.01.2004) by Irish Aviation Authority (Airworthiness of Aircraft (Amendment) Order 2003 (S.I. No. 684 of 2003), in effect as per art. 1(4).

E83

Power pursuant to section exercised (1.01.2004) by Irish Aviation Authority (Personnel Licensing) (Amendment) Order 2003 (S.I. No. 683 of 2003), in effect as per art. 1(4).

E84

Power pursuant to section exercised (1.07.2002) by Irish Aviation Authority (Air Traffic Control Standards) Order 2002 (S.I. No. 220 of 2002), in effect as per art. 1.

E85

Power pursuant to section exercised (1.03.1997) by Irish Aviation Authority (Airworthiness of Aircraft) Order 1996 (S.I. No. 324 of 1996), in effect as per art. 1(2).

E86

Previous affecting provision: power pursuant to section exercised (1.03.2015) by Irish Aviation Authority (Noise Certification and Limitation) Order 2015 (S.I. No. 55 of 2015), in effect as per art. 1(2); revoked (7.03.2023) by Irish Aviation Authority (Noise Certification and Limitation) Order 2023 (S.I. No. 102 of 2023), art. 29, subject to transitional provision in art. 30.

E87

Previous affecting provision: power pursuant to section exercised (15.12.2009) by Irish Aviation Authority (Noise Certification and Limitation) Order 2009 (S.I. No. 492 of 2009), in effect as per art. 1(2); revoked (1.03.2015) by Irish Aviation Authority (Noise Certification and Limitation) Order 2015 (S.I. No. 55 of 2015), art. 2(1), in effect as per art. 1(2).

E88

Previous affecting provision: power pursuant to section exercised (16.12.2005) by Irish Aviation Authority (Operations)(Amendment No. 2) Order 2005 (S.I. No. 778 of 2005), in effect as per art. 1(4); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3(1), in effect as per art. 1(2).

E89

Previous affecting provision: power pursuant to section exercised (3.05.2005) by Irish Aviation Authority (Operations) (Amendment) Order 2005 (S.I. No. 217 of 2005), in effect as per art. 1(4); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3, in effect as per art. 1(2).

E90

Previous affecting provision: power pursuant to section exercised (2.09.2003) by Irish Aviation Authority (Operations)(Amendment) Order 2003 (S.I. No. 388 of 2003), in effect as per art. 1(4); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3(1), in effect as per art. 1(2).

E91

Previous affecting provision: power pursuant to section exercised (31.12.2002) by Irish Aviation Authority (Operations)(Amendment) Order 2002 (S.I. No. 592 of 2002), in effect as per art. 1(4); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3(1), in effect as per art. 1(2).

E92

Previous affecting provision: power pursuant to section exercised (31.12.2002) by Irish Aviation Authority (Obstacles to Aircraft in Flight) (Amendment) Order 2002 (S.I. No. 591 of 2002), in effect as per art. 1(4); revoked (1.05.2005) by Irish Aviation Authority (Obstacles To Aircraft in Flight) Order 2005 (S.I. No. 215 of 2005), art. 1, in effect as per art. 1.

E93

Previous affecting provision: power pursuant to section exercised (1.10.2002) by Irish Aviation Authority (Operations) Order 2002 (S.I. No. 437 of 2002), in effect as per art. 1(2); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3(1), in effect as per art. 1(2).

E94

Previous affecting provision: power pursuant to section exercised (14.11.2000) by Irish Aviation Authority (Operations) (Amendment) Order 2000 (S.I. No. 335 of 2000), in effect as per art. 1(4); revoked (1.10.2002) by Irish Aviation Authority (Operations) Order 2002 (S.I. No. 437 of 2002), art. 3(1), in effect as per art. 1(2).

E95

Previous affecting provision: power pursuant to section exercised (1.03.1999) by Irish Aviation Authority (Operations) Order 1999 (S.I. No. 19 of 1999), in effect as per art. 1(2); revoked (1.10.2002) by Irish Aviation Authority (Operations) Order 2002 (S.I. No. 437 of 2002, art. 3, in effect as per art. 1(2).

E96

Previous affecting provision: power pursuant to section exercised (1.03.1997) by Air Navigation (Personnel Licensing) (Amendment) (No. 2) Order 1996 (S.I. No. 321 of 1996), in effect as per art. 1(2); revoked (17.11.2000) by Irish Aviation Authority (Personnel Licensing) Order 2000 (S.I. No. 333 of 2000), art. 3, in effect as per art. 1(2).