Aviation Regulation Act 2001


Number 1 of 2001


AVIATION REGULATION ACT 2001

REVISED

Updated to 11 March 2019


This Revised Act is an administrative consolidation of the Aviation Regulation Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Withdrawal of the United Kingdom from the European Union (8/2019), enacted 17 March 2019, and all statutory instruments up to and including European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), made 11 March 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 1 of 2019


AVIATION REGULATION ACT 2001

REVISED

Updated to 11 March 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Aviation Regulation Acts 2001 to 2004 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( State Airports Act 2004 (32/2004), s. 1(4)). The Acts in this group are:

Aviation Regulation Act 2001 (1/2001)

State Airports Act 2004 (32/2004), Part 3

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Freedom of Information Act 2014 (30/2014)

State Airports (Shannon Group) Act 2014 (27/2014)

Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 (47/2013)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Aviation Act 2006 (7/2006)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

State Airports Act 2004 (32/2004)

All Acts up to and including Withdrawal of the United Kingdom from the European Union (8/2019), enacted 17 March 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Package Travel and Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019)

Aviation Regulation Act 2001 (Levy No. 19) Regulations 2018 (S.I. No. 556 of 2018)

Aviation Regulation Act 2001 (Levy No. 18) Regulations 2017 (S.I. No. 560 of 2017)

Aviation Regulation Act 2001 (Levy No. 17) Regulations 2016 (S.I. No. 592 of 2016)

Aviation Regulation Act 2001 (Levy No. 16) Regulations 2015 (S.I. No. 552 of 2015)

Aviation Regulation Act 2001 (Levy No. 15) Regulations 2014 (S.I. No. 563 of 2014)

Aviation Regulation Act 2001 (Levy No. 14) Regulations 2013 (S.I. No. 491 of 2013)

Aviation Regulation Act 2001 (Levy No. 13) Regulations 2012 (S.I. No. 546 of 2012)

Travel Agents (Licensing) (Amendment) Regulations, 2012 (S.I. No. 61 of 2012)

Aviation Regulation Act 2001 (Levy No. 12) Regulations 2011 (S.I. No. 689 of 2011)

European Communities (Compensation and Assistance to Air Passengers) (Denied Boarding, Cancellation or Long Delay of Flights) Regulations 2011 (S.I. No. 506 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

European Communities (Dublin Airport Charges) Regulations 2011 (S.I. No. 116 of 2011)

Aviation Regulation Act 2001 (Levy No. 11) Regulations 2010 (S.I. No. 611 of 2010)

Aviation Regulation Act 2001 (Levy No. 10) Regulations 2009 (S.I. No. 535 of 2009)

Aviation Regulation Act 2001 (Levy No. 9) Regulations 2008 (S.I. No. 570 of 2008)

European Communities (Common Rules for the Operation of Air Services in the Community) Regulations 2008 (S.I. No. 426 of 2008)

European Communities (Rights of Disabled Persons and Persons With Reduced Mobility When Travelling By Air) Regulations 2008 (S.I. No. 299 of 2008)

Aviation Regulation Act 2001 (Levy No. 8) Regulations 2007 (S.I. No. 840 of 2007)

Aviation Regulation Act 2001 (Levy No. 7) Regulations 2006 (S.I. No. 658 of 2006)

Travel Agents (Licensing) (Amendment) Regulations 2006 (S.I. No. 527 of 2006)

Tour Operators (Licensing) (Amendment) Regulations 2006 (S.I. No. 526 of 2006)

Aviation Regulation Act 2001 (Levy No. 6) Regulations 2005 (S.I. No. 829 of 2005)

European Communities (Compensation and Assistance To Air Passengers) (Denied Boarding, Cancellation Or Long Delay of Flights) Regulations 2005 (S.I. No. 274 of 2005)

Aviation Regulation Act 2001 (Levy No. 5) Regulations 2004 (S.I. No. 722 of 2004)

Aviation Regulation Act 2001 (Levy No. 4) Regulations 2003 (S.I. No. 695 of 2003)

Aviation Regulation Act 2001 (Levy No. 3) Regulations 2002 (S.I. No. 612 of 2002)

Aviation Regulation Act 2001 (Levy No. 2) Regulations 2002 (S.I. No. 482 of 2002)

Aviation Regulation Act 2001 (Levy) Regulations 2002 (S.I. No. 439 of 2002)

Aviation Regulation Act, 2001 (Establishment Day) Order 2001 (S.I. No. 47 of 2001)

All statutory instruments up to and including European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), made 11 March 2019, were considered in the preparation of this revision.


Number 1 of 2001


AVIATION REGULATION ACT 2001

REVISED

Updated to 11 March 2019


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Establishment day.

4.

Expenses of Minister.

PART 2

The Commission for Aviation Regulation

5.

Establishment of Commission.

6.

Independence of Commission.

7.

Principal function of Commission.

8.

Functions of Commission under certain Council Regulations.

8A.

Functions of Commission under European Communities (Dublin Airport Charges) Regulations 2011.

9.

Transfer of functions.

10.

Directions by Minister to Commission.

11.

Members of Commission.

12.

Staff of Commission.

13.

Deputy commissioner.

14.

Consultants.

15.

Codes of conduct.

16.

Membership of Houses of Oireachtas, European Parliament and local authorities.

17.

Declaration of interests.

18.

Disclosure of interests.

19.

Prohibition on unauthorised disclosure of information.

20.

Superannuation (commissioners).

21.

Superannuation (staff).

22.

Resources made available by Minister.

23.

Levy.

24.

Advances by Minister to Commission.

25.

Borrowings.

26.

Accounts.

27.

Reports.

28.

Separation of accounts.

29.

Premises of Commission.

30.

Seal of Commission.

PART 3

Regulation of Airport and Aviation Terminal Services Charges

31.

Application.

32.

Airport charges.

33.

Regulatory objectives in respect of airport charges.

34.

Amendment of section 39 of Act of 1998.

35.

Aviation terminal services charges.

36.

Regulatory objectives in respect of aviation terminal services charges.

37.

Amendment of Irish Aviation Authority Act, 1993.

38.

Judicial review.

39.

Application to High Court.

40.

Appeal panel.

41.

Service of notices.

PART 4

Enforcement

42.

Authorised officers.

43.

Search warrants.

44.

Indemnification.

45.

Offences of bodies corporate.

45A.

Directions - Regulation (EC) No. 261/2004.

46.

Prosecution of summary offences.

PART 5

Miscellaneous Amendments

47.

Repeal.

48.

Amendment of Freedom of Information Act, 1997.

49.

Amendment of Act of 1998.

50.

Amendment of Air Navigation and Transport Act, 1973.


Acts Referred to

Air Navigation and Transport Act, 1973

1973, No. 29

Air Navigation and Transport (Amendment) Act, 1998

1998, No. 24

Companies Acts, 1963 to 1999

Courts Act, 1981

1981, No. 11

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Irish Aviation Authority Act, 1993

1993, No. 29

Local Government Act, 1941

1941, No. 23

Package Holidays and Travel Trade Act, 1995

1995, No. 17

Transport (Tour Operations and Travel Agents) Act, 1982

1982, No. 3


Number 1 of 2001


AVIATION REGULATION ACT 2001

REVISED

Updated to 11 March 2019


AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE COMMISSION FOR AVIATION REGULATION OR, IN THE IRISH LANGUAGE, AS AN COIMISIÚN UM RIALÁIL EITLÍOCHTA, TO DEFINE ITS FUNCTIONS, TO AMEND THE IRISH AVIATION AUTHORITY ACT, 1993, THE FREEDOM OF INFORMATION ACT, 1997, THE AIR NAVIGATION AND TRANSPORT (AMENDMENT) ACT, 1998, AND THE AIR NAVIGATION AND TRANSPORT ACT, 1973, AND TO PROVIDE FOR CONNECTED MATTERS. [21 st February, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

C1

Modifications (not altering text):

Application of collectively cited Aviation Regulation Acts 2001 to 2004 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Aviation Regulation Acts 2001 to 2004

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