C1

Application of Act and collectively cited Airports and Aviation Acts 1936 to 2004 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) 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

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

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SECOND SCHEDULE

Number	Year	Short Title/Citation
... ...	... ...	... Airports and Aviation Acts 1936 to 2004 ...

C2

Authorised officer of the Irish Aviation Authority authorised to exercise powers under Air Navigation and Transport Act 1988 (15/1988), s. 18 in relation to enforcement of any provisions of collectively cited Air Navigation and Transport Acts as provided (8.12.1993) by Irish Aviation Authority Act 1993 (29/1993), s. 72(4), S.I. No. 355 of 1993).

Miscellaneous amendments of Acts.

72.— ...

(4) An authorised officer of the company may for the purposes of the enforcement of any provisions of—

(a) the Acts or this Act or an instrument made or given thereunder and relating to a matter to which a function of the company relates,

(b) the Annexes to the Chicago Convention specified in the Schedule, or

(c) the Eurocontrol Convention,

exercise any of the powers conferred by section 18 of the Act of 1988 on an authorised person within the meaning of that section and, for the purposes of such exercise, subsections (2) and (4) of that section shall apply in relation to an authorised officer of the company as they apply in relation to an authorised person within the meaning aforesaid.

(5) The powers conferred on an authorised officer within the meaning of section 33 of the Act of 1988 by subsection (1) (b) of that section may be exercised by an authorised person within the meaning of section 18 of that Act.

C3

Application of collectively cited Air Navigation and Transport Acts extended in so far as an instrument made under the collectively cited Air Navigation and Transport Acts relates to a matter to which a function of the Irish Aviation Authority relates (8.12.1993) by Irish Aviation Authority Act 1993 (29/1993), s. 74, S.I. No. 355 of 1993.

Offences.

74.—(1) Without prejudice to subsection (2), if in relation to an aircraft there is a contravention of a provision of this Act or an instrument to which this section applies, the operator of the aircraft (not being the State) and the pilot in command thereof shall be deemed to have contravened the provision or instrument, as the case may be.

(2) A person who contravenes or is deemed to have contravened an instrument to which this section applies or fails to comply with a condition thereof shall be guilty of an offence.

...

(6) In a prosecution of a person for an offence under this Act (other than sections 33 to 36), it shall be a defence for the person to prove that the contravention concerned was due to stress of weather or other unavoidable cause and in a prosecution of the operator or pilot in command of an aircraft for such an offence, it shall be a defence for him to prove that the contravention concerned took place without his actual default or privity.

(7) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager or secretary of such body, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

(8) On conviction of a person on indictment for an offence under this Act, the court may, in addition to any other penalty, order any apparatus, equipment or other thing, other than an aircraft, used to commit the offence to be forfeited.

(9) (a) In this section “an instrument to which this section applies” means an order or regulation made under this Act or (in so far as it relates to a matter to which a function of the company relates) the Acts or the Air Navigation (Eurocontrol) Acts, 1963 to 1983, a direction or authorisation to aircraft to proceed given under this Act or (in so far as it relates to such a matter as aforesaid) the Acts or under an order or regulation made under this Act or (in so far as it relates to such a matter as aforesaid) the Acts and a certificate, licence or authorisation issued or given under this Act or (in so far as it relates to such a matter as aforesaid) the Acts.

(b) In paragraph (a) “authorisation to proceed” means an authorisation or instruction, whether oral or written and by whatever name called given by or on behalf of the company to the pilot in charge of an aircraft in relation to the piloting, control or movement of the aircraft or otherwise in relation to the aircraft.

C4

Power of Minister to refuse or cancel the registration of an Aircraft under collectively cited Air Navigation and Transport Acts extended (22.06.1988) by Air Navigation and Transport Act 1988 (15/1988), s. 15, commenced on enactment.

Extension of power of Minister to refuse or cancel registration of aircraft.

15.—(1) Any power conferred on the Minister under the Acts to refuse or cancel the registration of an aircraft shall include the power, if it appears to him that an aircraft does not, or has ceased to, comply with any security or safety requirements specified by the Minister in a direction under section 13 , to refuse or to cancel the registration of that aircraft.

(2) Whenever the Minister exercises the power conferred on him by subsection (1), the cancellation of the registration of the aircraft shall take effect from the date on which the Minister notifies the operator of the aircraft of the cancellation or from such later date as the Minister, having regard to all the circumstances, may specify.

(3) On the commencement of this Act, the Minister shall notify each owner and operator of each aircraft then registered in the State of his powers under this section.

C5

Functions and references under collectively cited Air Navigation and Transport Acts transferred and construed (27.07.1959) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959), arts. 3, 4 and sch. part 1 item 22. The current Minister and Department concerned is that of Transport, Tourism and Sport.

2. In this Order—

“functions” includes powers and duties ;

“operative date” means the date of this Order.

3.—(1) The Administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Transport and Power.

(2) References to the Department of Industry and Commerce contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Department of Transport and Power.

4.—(1) The functions vested in the Minister for Industry and Commerce by or under the Acts and the Orders mentioned in the First Schedule to this Order are hereby transferred to the Minister for Transport and Power.

(2) The functions vested in the Minister for Industry and Commerce by or under the provisions mentioned in the third column of the Second Schedule to this Order at any reference number of any Act mentioned in the second column of that Schedule at that reference number are hereby transferred to the Minister for Transport and Power.

(3) The functions vested in the Minister for Industry and Commerce, whether by or under any Act or instrument made thereunder or otherwise, in relation to railways, light railways, tramways, canals, waterways, inland navigations, harbours, docks, piers, gas undertakings and the production, sale and distribution of gas (other than functions in relation to gas undertakings vested in the Minister for Industry and Commerce by or under the Factories Act, 1955 (No. 20 of 1955), and functions in relation to the weighing and measurement of gas) and not transferred by the preceding paragraphs of this Article are hereby transferred to the Minister for Transport and Power.

(4) References to the Minister for Industry and Commerce contained in any Act or instrument made thereunder, and in the Orders mentioned in the First Schedule to this Order, and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for Transport and Power.

...

FIRST SCHEDULE.

Part I

Acts, functions under which are transferred from the Minister for Industry and Commerce to the Minister for Transport and Power.

...

22. the Air Navigation and Transport Acts, 1936 to 1959,

...