Aviation Regulation Act 2001

Declaration of interests.

17

17.—(1) On his or her offer of appointment, each commissioner shall make a declaration in writing of his or her interests to the Minister, in such form as the Minister, following consultation with the Minister for Finance, may specify.

(2) On his or her offer of appointment, each consultant and adviser and each member of the staff of the Commission at a grade or level specified before the appointment by the Commission, following consultation with the Minister, shall declare his or her interests in writing to the Commission and, within one month of such declaration, the Commission shall inform the Minister of the interests declared and the names of those making the declarations.

(3) A person to whom subsection (1) or (2) applies shall, throughout the tenure of his or her appointment, amend and update his or her declarations of interests as required by the Minister or the Commission, as the case may be, in respect of any changes in the interests held by the person.

(4) ( a)  A statement of the interests declared under subsection (1) shall be included in the next report prepared in accordance with section 26(c) following the making of the declaration and any subsequent change in a declaration shall also be included in a statement in the next available report.

( b)  The form and content of the statement to be included in such report shall be agreed between the Commission, the Minister and the Minister for Finance.

( c)  Notwithstanding paragraph (b), it shall not be necessary to specify in a statement in such report the amount or monetary value of any interest, or the remuneration of any trade, profession or employment included in the statement.

(5) Where a person to whom subsection (1) applies, fails to make a declaration in accordance with that subsection, the Minister shall decide the appropriate action (including removal from office) to be taken.

(6) Where a person to whom subsection (2) applies, fails to make a declaration in accordance with that subsection, the Commission shall decide the appropriate action (including removal from office or termination of contract) to be taken.

(7) In this section—

“employment” includes—

( a) full-time employment,

( b) part-time paid employment, where such employment is on-going in the year of appointment or which arises in subsequent years,

( c) temporary paid employment, being for a period of 16 weeks or more in the year of appointment or in subsequent years, or

( d) being retained under contract, directly or indirectly, in any capacity as an adviser, consultant or lobbyist, or for the provision of services;

“interests” includes—

( a) employment by or on behalf of—

(i) an airline,

(ii) an airport authority,

(iii) an aviation terminal services provider,

(iv) a provider of groundhandling services,

(v) a travel agent or tour operator,

(vi) an F11 [ trader ],

(vii) a coordinator under Article 4 of Council Regulation (EEC) No. 95/93,

( b) shares in, bonds or debentures of, or other like investments in an undertaking mentioned in paragraph (a), where the aggregate of such holdings exceeds £10,000,

( c) a directorship or shadow directorship (within the meaning of the Companies Acts, 1963 to 1999), in such an undertaking, held currently or during the previous two years, or

( d) gifts of travel, holidays, transport, money (in excess of £500) or other benefits, including benefits from any beneficial interest in or connected with such an undertaking, during the previous two years which were received by the person being appointed or by his or her spouse F12 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 . ]

Annotations:

Amendments:

F11

Substituted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 24(b).

F12

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, S.I. No. 648 of 2010.

Modifications (not altering text):

C7

C7

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 1 of 2001

Aviation Regulation Act 2001

Sections 11, 17, 20, 22, 24, 26 and 29

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