Aviation Regulation Act 2001

Regulatory objectives in respect of airport charges.

33

F20 [ 33. (1) In making a determination the objectives of the Commission are as follows

( a ) to facilitate the efficient and economic development and operation of Dublin Airport which meet the requirements of current and prospective users of Dublin Airport,

( b ) to protect the reasonable interests of current and prospective users of Dublin Airport in relation to Dublin Airport, and

( c ) to enable F21 [ daa ] to operate and develop Dublin Airport in a sustainable and financially viable manner.

(2) In making a determination the Commission shall have due regard to

( a ) the restructuring including the modified functions of F21 [ daa ] ,

( b ) the level of investment in airport facilities at Dublin Airport, in line with safety requirements and commercial operations in order to meet the needs of current and prospective users of Dublin Airport,

( c ) the level of operational income of F21 [ daa ] from Dublin Airport, and the level of income of F21 [ daa ] from any arrangements entered into by it for the purposes of the restructuring under the State Airports Act 2004,

( d ) costs or liabilities for which F21 [ daa ] is responsible,

( e ) the level and quality of services offered at Dublin Airport by F21 [ daa ] and the reasonable interests of the current and prospective users of these services,

( f ) policy statements, published by or on behalf of the Government or a Minister of the Government and notified to the Commission by the Minister, in relation to the economic and social development of the State,

( g ) the cost competitiveness of airport services at Dublin Airport,

( h ) imposing the minimum restrictions on F21 [ daa ] consistent with the functions of the Commission, and

( i ) such national and international obligations as are relevant to the functions of the Commission and F21 [ daa ] .

(3) Having regard to section 5 (2) of the State Airports Act 2004, subsection (2)(a) does not apply in relation to the first determination made after the Dublin appointed day.

(4) The Commission shall not later than 6 months or such lesser period, after consultation with the Commission, as the Minister decides

( a ) after the making of the first determination, where it is made after the Cork or Shannon appointed day (within the meaning of the State Airports Act 2004), and

( b ) where the first determination is made before either of those appointed days, after that appointed day,

have due regard to the restructuring, including the modified functions of F21 [ daa ] . Where it considers it appropriate it may amend the determination.

(5) In this section

restructuring is to be construed in accordance with the State Airports Act 2004;

user means any person

( a ) for whom any services or facilities the subject of airport charges are provided at Dublin Airport,

( b ) using any of the services for the carriage by air of passengers or cargo provided at Dublin Airport, or

( c ) otherwise providing goods or services at Dublin Airport;

operational income includes airport charges and commercial revenues associated with the operation of Dublin Airport. ]

Annotations:

Amendments:

F20

Substituted (1.10.2004) by State Airport Acts 2004 (32/2004), s. 22(4), S.I. No. 531 of 2004.

F21

Substituted (27.07.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 33(2)(b), commenced on enactment.