Irish Aviation Authority Act 1993

Number 29 of 1993

IRISH AVIATION AUTHORITY ACT 1993

REVISED

Updated to 1 July 2024

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 Health (Assisted Human Reproduction) Act 2024 (18/2024), enacted 2 July 2024, and all statutory instruments up to and including the Appointment of Special Adviser (Minister of State at the Department of Public Expenditure, National Development Plan Delivery and Reform) Order 2024 (S.I. No. 351 of 2024), made 2 July 2024, 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 July 2024

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 July 2024

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