Aviation (Preclearance) Act 2009

2.

Minister may designate preclearance area.

2.— (1) The Minister may, by regulations, designate, by reference to a map or otherwise, a place or places within an airport in the State as an area (“preclearance area”) or areas within which preclearance may be carried out.

(2) Subject to subsection (3), regulations made under this section may provide that—

( a) a part of a preclearance area may cease to be operational when no aircraft at that part of the preclearance area is, for the time being, subject to preclearance, or

( b) a building, or a portion of a building, in a preclearance area may cease to be operational when that building, or that portion of the building, is, for the time being, not being used for the purpose of preclearance.

(3) Where regulations are made to which subsection (2) applies, the airport authority, shall, during periods when that part of the preclearance area or building (or portion thereof) is operational, place signage in prominent positions, or otherwise indicate that preclearance is, for the time being, being carried out in that part of the preclearance area or building (or portion thereof), as the case may be.

(4) Where the Minister designates a preclearance area under subsection (1) and that area includes a building consisting of more than one floor, the Minister may designate—

( a) the entire building,

( b) an entire floor, or

( c) a portion of a floor.

(5) Before making regulations under this section, the Minister shall consult with the airport authority, with the Minister for Justice, Equality and Law Reform, and with the Revenue Commissioners.

(6) In this section—

“floor” includes a basement and any connections between floors concerned;

“map” includes a plan of a building;

“operational” means operational for the purpose of preclearance.

Annotations:

Editorial Notes:

E1

Power pursuant to section exercised (19.01.2011) by Preclearance Area (Dublin Airport) Regulations 2011 (S.I. No. 9 of 2011), in effect as per reg. 1(2).

E2

Power pursuant to section exercised (5.08.2009) by Preclearance Area (Shannon Airport) Regulations 2009 (S.I. No. 317 of 2009), in effect as per reg. 1(2).