Irish Aviation Authority Act 1993

Number 29 of 1993

IRISH AVIATION AUTHORITY ACT 1993

REVISED

Updated to 1 May 2023

This Revised Act is an administrative consolidation of the Irish Aviation Authority Act 1993. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including the Air Navigation and Transport Act 2022 (Commencement) Order 2023 (S.I. No. 220 of 2023), made 27 April 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 29 of 1993

IRISH AVIATION AUTHORITY ACT 1993

REVISED

Updated to 1 May 2023

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Air Navigation and Transport Act 2022 (40/2022)

• Data Protection Act 2018 (7/2018)

• State Airports (Shannon Group) Act 2014 (27/2014)

• Freedom of Information Act 2014 (30/2014)

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Communications Regulation (Amendment) Act 2007 (22/2007)

• Aviation Act 2006 (7/2006)

• Communications Regulation Act 2002 (20/2002)

• Aviation Regulation Act 2001 (1/2001)

• Air Navigation and Transport (Amendment) Act 1998 (24/1998)

• Employment Equality Act 1998 (21/1998)

• Freedom of Information Act 1997 (13/1997)

• Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996)

All Acts up to and including Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Irish Aviation Authority (Unmanned Aircraft Systems (Drones)) (Amendment) (No. 2) Order 2023 (S.I. No. 103 of 2023)

• Irish Aviation Authority (Noise Certification and Limitation) Order 2023 (S.I. No. 102 of 2023)

• Irish Aviation Authority (Upper airspace and Rockets) Order 2023 (S.I. No. 25 of 2023)

• Irish Aviation Authority (Unmanned Aircraft Systems (Drones)) Order 2023 (S.I. No. 24 of 2023)

• Irish Aviation (Flying Displays) Order 2023 (S.I. No. 23 of 2023)

• Irish Aviation Authority (Regulation of Irish Coast Guard Aviation Operations) Order 2022 (S.I. No. 212 of 2022)

• Irish Aviation Authority (Testing for Alcohol) Order 2021 (S.I. No. 22 of 2021)

• European Union (Reporting, Analysis and Follow-up of Occurrences in Civil Aviation) Regulations 2020 (S.I. No. 195 of 2020)

• Irish Aviation Authority (Standardised Rules Of The Air) Order 2019 (S.I. No. 266 of 2019)

• Irish Aviation Authority (Small Unmanned Aircraft (Drones) and Rockets) Order 2015 (S.I. No. 563 of 2015)

• Irish Aviation Authority Fees Order 2015 (S.I. No. 523 of 2015)

• Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2015 (S.I. No. 107 of 2015)

• Irish Aviation Authority (Noise Certification and Limitation) Order 2015 (S.I. No. 55 of 2015)

• Irish Aviation Authority Act 1993 (Amendment of Schedule) (Annexe 19 to Chicago Convention) Order 2013 (S.I. No. 483 of 2013)

• European Communities (Civil Aviation Security) (Amendment) Regulations 2012 (S.I. No. 551 of 2012)

• European Union (Air Traffic Flow Management) Regulations 2012 (S.I. No. 175 of 2012)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Irish Aviation Authority (Noise Certification and Limitation) Order 2009 (S.I. No. 492 of 2009)

• European Communities (Harmonisation of Technical Requirements and Administrative Procedures in the Field of Civil Aviation) Regulations 2008 (S.I. No. 283 of 2008)

• Irish Aviation Authority (Aerodrome Standards) Order 2008 (S.I. No. 356 of 2008)

• Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order 2008 (S.I. No. 355 of 2008)

• Irish Aviation Authority (Designated Areas) Order 2007 (S.I. No. 806 of 2007)

• Irish Aviation Authority (Fees) (No. 2) Order 2007 (S.I. No. 805 of 2007)

• Irish Aviation Authority (Fees) Order 2007 (S.I. No. 119 of 2007)

• Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006)

• Irish Aviation Authority (Operations) (Amendment No. 2) Order 2005 (S.I. No. 778 of 2005)

• Irish Aviation Authority (Protected Area) Order 2005 (S.I. No. 777 of 2005)

• Irish Aviation Authority (Eurocontrol) (Consolidated Route Charges) Regulations 2005 (S.I. No. 776 of 2005)

• Irish Aviation Authority (Fees) Order 2005 (S.I. No. 775 of 2005)

• Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2005 (S.I. No. 634 of 2005)

• Irish Aviation Authority (Operations) (Amendment) Order 2005 (S.I. No. 217 of 2005)

• Irish Aviation Authority (Aerodromes and Visual Ground Aids) (Amendment) Order 2005 (S.I. No. 216 of 2005)

• Irish Aviation Authority (Obstacles To Aircraft in Flight) Order 2005 (S.I. No. 215 of 2005)

• Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2004 (S.I. No. 857 of 2004)

• Irish Aviation Authority (Air Traffic Control Standards) Order 2004 (S.I. No. 856 of 2004)

• Irish Aviation Authority (Air Traffic Service Systems) Order 2004 (S.I. No. 855 of 2004)

• Irish Aviation Authority (Fees) Order 2004 (S.I. No. 854 of 2004)

• Irish Aviation Authority (Rules of the Air) Order 2004 (S.I. No. 72 of 2004)

• Irish Aviation Authority (Airworthiness of Aircraft) (Amendment) Order 2003 (S.I. No. 684 of 2003)

• Irish Aviation Authority (Personnel Licensing) (Amendment) Order 2003 (S.I. No. 683 of 2003)

• Irish Aviation Authority (Fees) Order 2003 2003 (S.I. No. 682 of 2003)

• European Communities (European Aviation Safety Agency) Regulations 2003 (S.I. No. 469 of 2003)

• Irish Aviation Authority (Operations) (Amendment) Order 2003 (S.I. No. 388 of 2003)

• The Irish Aviation Authority (Eurocontrol Safety Regulatory Requirements) Order 2003 (S.I. No. 387 of 2003)

• Irish Aviation Authority (Operations) (Amendment) Order 2002 (S.I. No. 592 of 2002)

• Irish Aviation Authority (Obstacles to Aircraft in Flight) (Amendment) Order 2002 (S.I. No. 591 of 2002)

• Irish Aviation Authority (Fees) Order 2002 (S.I. No. 486 of 2002)

• Irish Aviation Authority (Operations) Order 2002 (S.I. No. 437 of 2002)

• Irish Aviation Authority (Air Traffic Control Standards) Order 2002 (S.I. No. 220 of 2002)

• Irish Aviation Authority (Designated Areas) Order 2002 (S.I. No. 140 of 2002)

• Irish Aviation Authority (Rules of the Air) (Amendment) Order 2002 (S.I. No. 76 of 2002)

• Irish Aviation Authority (Obstacles To Aircraft in Flight) Order 2002 (S.I. No. 14 of 2002)

• Irish Aviation Authority (Rules of the Air) Order 2001 (S.I. No. 568 of 2001)

• Irish Aviation Authority (Fees) Order 2001 (S.I. No. 567 of 2001)

• Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2001 (S.I. No. 566 of 2001)

• Irish Aviation Authority (Aeronautical Radio and Radar Equipment) Order 2001 (S.I. No. 565 of 2001)

• Irish Aviation Authority (Fees) (No. 2) Order 2000 (S.I. No. 433 of 2000)

• Irish Aviation Authority (Fees) (Amendment) Order 2000 (S.I. No. 336 of 2000)

• Irish Aviation Authority (Operations) (Amendment) Order 2000 (S.I. No. 335 of 2000)

• Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order 2000 (S.I. No. 334 of 2000)

• Irish Aviation Authority (Personnel Licensing) Order 2000 (S.I. No. 333 of 2000)

• Irish Aviation Authority (Terminal Charges) Regulations 2000 (S.I. No. 202 of 2000)

• Irish Aviation Authority (Aerodrome Standards) Order 2000 (S.I. No. 26 of 2000)

• Irish Aviation Authority (Rockets and Small Aircraft) Order 2000 (S.I. No. 25 of 2000)

• Irish Aviation Authority (Fees) Order 2000 (S.I. No. 24 of 2000)

• Irish Aviation Authority (En Route Obstacles To Air Navigation) Order 1999 (S.I. No. 423 of 1999)

• Irish Aviation Authority (Tethered Balloons, Airships, Free Balloons and Kites) Order 1999 (S.I. No. 422 of 1999)

• Irish Aviation Authority (Noise Certification and Limitation) (Amendment) Order 1999 (S.I. No. 421 of 1999)

• Irish Aviation Authority (Air Operator Certificates) Order 1999 (S.I. No. 420 of 1999)

• Air Navigation (Personnel Licensing) (No. 2) (Amendment) Order 1999 (S.I. No. 159 of 1999)

• Irish Aviation Authority (Terminal Charges) Regulations 1999 (S.I. No. 23 of 1999)

• Irish Aviation Authority (Eurocontrol) (Consolidated Route Charges) Regulations 1999 (S.I. No. 22 of 1999)

• Air Navigation (Personnel Licensing) (Amendment) Order 1999 (S.I. No. 21 of 1999)

• Irish Aviation Authority (Rules of the Air) Order 1999 (S.I. No. 20 of 1999)

• Irish Aviation Authority (Operations) Order 1999 (S.I. No. 19 of 1999)

• Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order 1998 (S.I. No. 487 of 1998)

• Irish Aviation Authority (Fees) Order 1998 (S.I. No. 486 of 1998)

• Irish Aviation Authority (Eurocontrol) (Consolidated Route Charges) Regulations 1998 (S.I. No. 4 of 1998)

• Irish Aviation Authority (Fees) Order 1997 (S.I. No. 295 of 1997)

• Air Navigation (Operations) (Amendment) Order 1997 (S.I. No. 220 of 1997)

• Irish Aviation Authority (Nationality and Registration of Aircraft) (Amendment) Order 1997 (S.I. No. 219 of 1997)

• Irish Aviation Authority (Eurocontrol) (Route Charges) (Amendment) Regulations 1997 (S.I. No. 44 of 1997)

• Irish Aviation Authority (Airworthiness of Aircraft) (Amendment) Order 1997 (S.I. No. 102 of 1997)

• Air Navigation (Personnel Licensing) (Amendment) Order 1997 (S.I. No. 101 of 1997)

• Irish Aviation Authority (Airworthiness of Aircraft) Order 1996 (S.I. No. 324 of 1996)

• Irish Aviation Authority (Aerodrome Standards) Order 1996 (S.I. No. 323 of 1996)

• Irish Aviation Authority (Nationality and Registration of Aircraft) Order 1996 (S.I. No. 322 of 1996)

• Air Navigation (Personnel Licensing) (Amendment) (No. 2) Order 1996 (S.I. No. 321 of 1996)

• Air Navigation (Personnel Licensing) (Amendment) Order 1996 (S.I. No. 50 of 1996)

• Air Navigation (Fees) (Amendment) Order 1996 (S.I. No. 49 of 1996)

• Irish Aviation Authority (Terminal Charges) Regulations 1995 (S.I. No. 378 of 1995)

• Air Navigation (Personnel Licensing) (Amendment) Order 1995 (S.I. No. 222 of 1995)

• Irish Aviation Authority Act, 1993 (Amendment of Schedule) Order 1995 (S.I. No. 171 of 1995)

• Air Navigation (Designated Areas) Order 1995 (S.I. No. 170 of 1995)

• Air Navigation (Fees) Order 1995 (S.I. No. 74 of 1995)

• Irish Aviation Authority (Eurocontrol) (Route Charges) Regulations 1994 (S.I. No. 456 of 1994)

• Irish Aviation Authority Act, 1993 (Vesting Day) Order 1993 (S.I. No. 414 of 1993)

• Irish Aviation Authority Act, 1993 (Commencement) Order 1993 (S.I. No. 355 of 1993)

All statutory instruments up to and including Air Navigation and Transport Act 2022 (Commencement) Order 2023 (S.I. No. 220 of 2023), made 27 April 2023, were considered in the preparation of this revision.

Number 29 of 1993

IRISH AVIATION AUTHORITY ACT 1993

REVISED

Updated to 1 May 2023

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title and commencement.
2.	Interpretation.
3.	Application to state aircraft.
4.	Saving for lighthouse authorities.
5.	Provisions in relation to orders and regulations made by Minister or company.
6.	Laying of orders and regulations before Houses of Oireachtas.
7.	Directions by Minister to company.
8.	Disposal of monies received by Minister.
9.	Expenses.
10.	Repeals.

PART II

Establishment and Administration of Company

11.	Formation of company.
12.	Name and capital formation of company.
13.	Form of memorandum of association.
14.	Objects of company.
15.	Conferral of additional functions on company.
16.	General duty of company.
17.	Articles of association.
18.	Restriction on alteration of memorandum or articles of association.
19.	Issue of shares, and creation of debt due, to Minister for Finance in consideration of transfer of property.
20.	Issue of share to Minister.
21.	Issue of shares to subscribers to memorandum of association of company.
22.	Exercise of powers by Minister for Finance in respect of shares.
23.	Transfer by Minister for Finance of shares.
24.	Obligation of certain shareholders to hold shares in trust.
25.	Payment of dividends, etc., into Exchequer.
26.	Borrowing by company and subsidiaries.
27.	Guaranteeing by Minister for Finance of borrowing by company.
28.	Loans by Minister for Finance to company for purposes of working capital.
28A.	Advances and grants by Minister to company.
29.	Provision of money for payments out of Central Fund.
29A.	Statement of strategy.
29B.	Business plan.
30.	Accounts and audits.
31.	Annual report and furnishing of information to Minister.
32.	Reports by company on its technical and safety standards.
32A.	Annual aviation safety performance statements.
33.	Disclosure by directors of certain interests.
34.	Disclosure by members of staff of certain interests.
35.	Prohibition on unauthorised disclosure of information.
36.	Decisions by company in relation to technical and safety standards of aircraft and air navigation.
37.	Membership of either House of Oireachtas or European Parliament.
38.	Chief Executive.
39.	Remuneration, etc., of staff.
40.	Transfer of staff of Minister to company.
41.	Superannuation.
42.	Acquisition of land.
42A.	Right of entry on land by Authority.
43.	Charges by company in respect of air navigation and aeronautical communications services. (Repealed)
44.	Other charges by company.
45.	Recoupment by Minister of certain costs of company.
45A.	Detention and sale of aircraft by Authority for unpaid air navigation and aeronautical communications services charges.

PART III

Provisions in relation to Eurocontrol Convention

46.	Power of Minister to give effect to Eurocontrol Convention.
47.	Power of company to give effect to Eurocontrol Convention.
48.	Status and privileges of Eurocontrol and privileges of its personnel.
49.	Venue for proceedings for recovery of sums due to Euro-control.
50.	Enforceability and recognition of determination made in another contracting state.
51.	Application for enforcement of determination made in another contracting state.
52.	Documents required to accompany request for enforcement of determination.
53.	Effect of order for enforcement of determination.
54.	Non-recognition or non-enforcement of determination.
55.	Enforcement in other contracting states of determination by court in State.
56.	Keeping of records by aircraft operators.
57.	Parties to Eurocontrol Convention.
57A.	Regulations.
57B.	Random checks and inspections.
57C.	Evidence in proceedings.

PART IV

Provisions in relation to Chicago Convention, Certain Other International Agreements and Certain Organisations

58.	Schedule 1 - Annexes to Chicago Convention
58A.	Schedule 2 - European Union Regulations.
59.	Power of company to apply certain Annexes to Chicago Convention to internal flying.
60.	Provisions of orders made by company.
61.	Expenses of international organisations.
62.	Attendance of company at meetings of or organised by certain international organisations.
63.	Negotiation by company of certain agreements with international organisations or other states.

PART IVA

Enforcement

63A.	Definitions - Part IVA
63B.	Appointment of authorised officers.
63C.	Powers of authorised officers.
63D.	Search warrants.
63E.	Indemnification.
63F.	Fixed charge offences.

PART V

Miscellaneous

64.	Costs of investigation by Minister of accidents to aircraft.
65.	Powers of company in relation to accidents and other incidents affecting aircraft.
65A.	Aviation Stakeholders Forum and Licence Holders Charter.
65B.	Crew peer support programmes.
66.	Power of Minister to require cancellation or refusal of registration of aircraft.
67.	Detention of aircraft.
68.	Designation of areas of Irish airspace for use by Defence Forces.
69.	Charge of rates on property of company.
69A.	Regulations may be made to give effect to certain provisions of EASA Basic Regulation.
70.	Transfer of certain functions under Wireless Telegraphy Act 1926 to company.
71.	Restriction of Worker Participation (State Enterprises) Acts, 1977 to 1991.
71A.	Accountability of company, etc., to Committees of Oireachtas.
72.	Miscellaneous amendments of Acts.
73.	Proceedings.
74.	Offences.
74A.	Definitions - sections 74B to 74D.
74B.	Issue of enforcement notices.
74C.	Application for cancellation of direction specified in enforcement notice.
74D.	Rules of court.

PART VI

Transitional Provisions

75.	Continuance of certain instruments.
76.	Continuance of pending legal proceedings.
77.	Transfer of land.
78.	Transfer of other property.
79.	Transfer of rights and liabilities.
80.	Transitional financial provisions.
81.	Liability for loss occurring before vesting day.

SCHEDULE 1

SCHEDULE 2

Acts Referred to

Air Navigation and Transport Act, 1936	1936, No. 40
Air Navigation and Transport Act, 1946	1946, No. 23
Air Navigation and Transport Act, 1950	1950, No. 4
Air Navigation and Transport Act, 1988	1988, No. 15
Air Navigation and Transport Acts, 1936 to 1988
Air Navigation (Eurocontrol) Acts, 1963 to 1983
Companies Act, 1963	1963, No. 33
Companies Acts, 1963 to 1990
Data Protection Act, 1988	1988, No. 25
Defence Acts, 1954 to 1993
European Assembly Elections Act, 1977	1977, No. 30
European Assembly Elections Act, 1984	1984, No. 6
Foreshore Act, 1933	1933, No. 12
Holidays (Employees) Acts, 1973 to 1991
Minimum Notice and Terms of Employment Acts, 1973 to 1991
Petty Sessions (Ireland) Act, 1851	1851, c. 93
Public Offices Fees Act, 1879	1879, c. 58
Redundancy Payments Acts, 1967 to 1991
Unfair Dismissals Acts, 1977 to 1993
Wireless Telegraphy Act, 1926	1926, No. 45
Worker Participation (State Enterprises) Acts, 1977 to 1991

Number 29 of 1993

IRISH AVIATION AUTHORITY ACT 1993

REVISED

Updated to 1 May 2023

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A COMPANY, TO BE KNOWN AS ÚDARÁS EITLÍOCHTA NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE IRISH AVIATION AUTHORITY, TO PROVIDE CERTAIN SERVICES IN RELATION TO CIVIL AVIATION, TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR THE CONFERRAL ON IT OF CERTAIN FUNCTIONS OF THE MINISTER FOR TRANSPORT, ENERGY AND COMMUNICATIONS UNDER THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1988, AND THE AIR NAVIGATION (EUROCONTROL) ACTS, 1963 TO 1983, TO AMEND THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1988, AND TO PROVIDE FOR RELATED MATTERS. [1st December, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

Certain instruments continued in force and references construed (1.05.2023) by Air Navigation and Transport Act 2022 (40/2022), s. 50, S.I. No. 220 of 2023.

Continuance of certain instruments

50. (1) An order, regulation, direction, licence, permission, register, registration, certificate, instrument of approval, notice, instruction or other instrument, document or record that was made, given, established, issued or granted under a provision of, or made under, the ANT Acts or the Act of 1993, that relates to a matter to which a function of the IANS relates and that is in force immediately before the vesting day shall, on and after the vesting day, in so far as it so relates, continue in force and may continue to be amended, revoked, cancelled, withdrawn, suspended or endorsed by the IANS.

(2) References in any enactment or other record or document referred to in subsection (1) to the IAA shall, on and after the vesting day, in so far as the reference relates to a matter to which a function of the IANS relates, be construed as a reference to the IANS.

Application restricted (22.12.22) by Air Navigation and Transport Act 2022 (40/2022), s. 17(2)(d), (3), S.I. No. 741 of 2022.

Articles of association

17. ...

(2) The articles of association of the IANS shall provide that— ...

(d) if the Minister appoints, amongst the first directors, a director of the IAA to be a director of the IANS—

(i) the consent referred to in paragraph (b) (i) is not required in respect of that appointment, and

(ii) the appointment shall be for the unexpired portion of the period the director of the IAA had left to run as such director at the time his or her appointment takes effect as a director of the IANS,

…

(3) A director of the IANS to whom subsection (2) (d) applies shall, by virtue of this subsection and notwithstanding anything contained in the Act of 1993 or the Act of 2014, cease to be a director of the IAA immediately upon the date on which his or her appointment as a director of the IANS takes effect.

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Irish Aviation Authority Act 1993