Aviation Regulation Act 2001

Transfer of functions.

9

9.—(1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are hereby transferred, on the establishment day, to the Commission.

(2) There are hereby transferred, on the establishment day, to the Commission the functions vested in the Minister by or under each of the following—

( a) the Transport (Tour Operators and Travel Agents) Act, 1982 ,

( b) the Package Holidays and Travel Trade Act, 1995,

( c) the European Communities (Access to the groundhandling market at Community airports) Regulations, 1998 ( S.I. No. 505 of 1998 ), and

( d) F8 [ ]

(4) Anything commenced before the establishment day by or under the authority of the Minister may, in so far as it relates to functions transferred by this section, be carried on or completed on or after such day by the Commission.

(5) Where, immediately before the establishment day, any legal proceedings are pending to which the Minister is the plaintiff or the prosecutor and the proceedings have reference to functions transferred by this section to the Commission, the name of the Commission shall, in so far as the proceedings relate to any functions transferred by this section, be substituted in those proceedings for that of the Minister, or added in those proceedings as may be appropriate, and those proceedings shall not abate by reason of such substitution.

(6) Where, immediately before the establishment day, any legal proceedings are pending to which the Minister is a defendant and the proceedings have reference to any functions transferred to the Commission by this section, the Commission shall not be substituted for the Minister in those proceedings notwithstanding the transfer of functions under this Act.

(7) Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this section shall, if and in so far as it was operative immediately before the establishment day, have effect on and after that day as if it had been granted or made by the Commission.

Annotations:

Amendments:

F8

Repealed (1.11.2008) by European Communities (Common Rules for the Operation of Air Services in the Community) Regulations 2008 (S.I. No. 426 of 2008), reg. 10(1), in effect as per reg. 1(2).

Editorial Notes:

E2

Power pursuant to section exercised (1.11.2006) by Travel Agents (Licensing) (Amendment) Regulations 2006 (S.I. No. 527 of 2006), in effect as per reg. 2.

E3

Power pursuant to section exercised (1.11.2006) by Tour Operators (Licensing) (Amendment) Regulations 2006 (S.I. No. 526 of 2006), in effect as per reg. 2.