Irish Aviation Authority Act 1993

Interpretation.

2

2. (1) In this Act, except where the context otherwise requires —“ the Act of 1946” means the Air Navigation and Transport Act, 1946;

the Act of 1988” means the Air Navigation and Transport Act, 1988;

the Acts” means the Air Navigation and Transport Acts, 1936 to 1988;

aerodrome” includes an area of water intended for use for landing or taking off by aircraft and also includes an area, whether on land or water or on a building or other structure or elsewhere, intended for use for landing or taking off by aircraft capable of descending or climbing vertically;

aeronautical communications services” means services providing communications facilities for any purpose connected with aviation;

the Agency” means the Agency for the safety of air navigation comprised in Eurocontrol;

air navigation services” includes services providing, giving or issuing information, directions or instructions, or other facilities, for the purposes of or in connection with the navigation or movement of aircraft;

aircraft” means a machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface;

airspace” means the atmosphere above ground or sea level through which aircraft can fly;

authorised officer” means—

( a) an officer of the Permanent Defence Force holding a commissioned rank,

( b) an officer of the Minister,

( c) an officer of customs and excise, or

( d) a member of the staff of the company,

authorised in writing by the Minister to perform the functions conferred on authorised officers by or under this Act;

authorised officer of the company” means a person referred to in paragraph (a), (b), (c) or (d) of the definition of “ authorised officer” authorised in writing by the company to perform the functions conferred on authorised officers of the company by or under this Act;

the Chicago Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December, 1944, and includes the Annexes thereto and any amendment of the said Convention or Annexes whether made before or after the commencement of this section and any Annexes added to the Convention after such commencement;

the Chief Executive” means the chief executive of the company appointed under section 38 ;

the Commissioners” means the Commissioners of Public Works in Ireland;

the company” means the company referred to in section 11 ;

F1 [ contracting state means a state, including the State, which is a party to Annex IV of the Eurocontrol Convention; ]

determination”, in relation to a relevant authority, means a decision of the authority as to whether or not any sum is due to Eurocontrol, the company or the Minister in respect of air navigation services or aeronautical communications services provided by Eurocontrol, the company, the Minister or any other person;

F1 [ Eurocontrol means the European Organisation for the Safety of Air Navigation (Eurocontrol) established by the Eurocontrol Convention and references to Eurocontrol include references to the General Assembly and the Council comprised in Eurocontrol and to the Agency; ]

F1 [ Eurocontrol Convention means the International Convention relating to Co-operation for the Safety of Air Navigation signed at Brussels on 13 December 1960, as amended by the Additional Protocol signed at Brussels on 6 July 1970, the Protocol signed at Brussels on 21 November 1978 and the Protocol signed at Brussels on 12 February 1981, as consolidated by the Protocol signed at Brussels on 27 June 1997, (the consolidated text of which is set out for convenience of reference in the English language in Schedule 1 to the Aviation Act 2006), the Final Act and Protocol on the accession of the European Community to the Eurocontrol Convention signed at Brussels on 8 October 2002 (the text of which is set out for convenience of reference in the English language in Schedule 2 to the Aviation Act 2006), and by any other protocol or other instrument which may be signed after the passing of the Aviation Act 2006; ]

functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

the International Civil Aviation Organisation” means the organisation of that name established by the Chicago Convention;

Irish airspace” means the airspace within the lateral limits of the Shannon Flight Information Region, and the Shannon Upper Flight Information Region, established pursuant to the Chicago Convention;

licence” means a licence granted by virtue of section 60 and cognate expressions shall be construed correspondingly;

land” includes land covered by water and “ land areas” shall be construed accordingly;

F1 [ The Minister means the Minister for Transport; ]

F2 [ ]

operator”, in relation to an aircraft, means a person engaged, or proposing to engage, in the operation of aircraft who is for the time being responsible for the management of the aircraft;

other airspace” means areas of airspace, other than Irish airspace, in which the company is authorised pursuant to agreements with—

( a) any persons who manage and control airspace for which states other than the State are responsible or who are responsible for the provision of air navigation services or aeronautical communications services in that airspace, or

( b) international organisations,

or both, to provide air navigation services;

owner”, in relation to an aircraft, means the person who is registered as the owner of the aircraft in the register established under the Act of 1946, a register established under section 60 or a corresponding register established in a state other than the State;

the Principal Act” means the Air Navigation and Transport Act, 1936;

recognised trade unions and staff associations” means trade unions and staff associations recognised by the company for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees;

record” includes, in addition to a record in writing—

( a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

( b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and

( c) a photograph,

and any reference to a copy of a record includes, in the case of a record falling within paragraph (a) only, a transcript of the sounds or signals embodied therein, in the case of a record falling within paragraph (b), a still reproduction of the images embodied therein and, in the case of a record falling within both of those paragraphs, such a transcript together with such a still reproduction;

relevant authority”, in relation to a contracting state, means—

( a) any court or tribunal which, under the law of that state, may determine questions as to whether or not a sum is due to Eurocontrol, the company or the Minister in respect of air navigation services provided by Eurocontrol, the company or the Minister or any other person;

( b) an administrative authority which, under the law of that state, may determine such questions, being a determination which, in that state, is subject to appeal to, or review by, a court or tribunal;

( c) a court or tribunal which, under the law of that state, may determine an appeal from, or carry out a review of, a determination made in respect of any such question by another relevant authority;

State aerodromes” means Cork Airport, Dublin Airport and Shannon Airport and “ State aerodrome” shall be construed accordingly;

State authority” means a Minister of the Government, the Commissioners or an agent of the Minister;

F2 [ ]

subsidiary” means a subsidiary (within the meaning of section 155 of the Companies Act, 1963) of the company;

superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;

terminal services” means the air navigation services provided for aircraft landing at or taking off from an aerodrome or while in the vicinity of an aerodrome before landing at or after taking off from that aerodrome;

the vesting day” means the day appointed under section 11 (2) to be the vesting day.

(2) A reference in this Act to a certificate or licence includes a reference to an instrument of approval or other authorisation or permission and a reference in this Act to the grant or renewal of a certificate or licence includes a reference to the validation, revalidation or variation of the certificate or licence.

(3) A reference in this Act to a section, Part or Schedule is a reference to a section or Part of or the Schedule to this Act unless it is indicated that reference to some other enactment is intended.

(4) A reference in this Act to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(5) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted, whether before or after the commencement of this section, by or under any subsequent enactment.

(6) Where any function of the company is, under the memorandum of association of a subsidiary, a function of the subsidiary, every provision of, or of any instrument under, this Act or any other enactment relating to the company shall, in respect of that function, apply to the subsidiary as it applies to the company.

Annotations

Amendments:

F1

Substituted (4.04.2006) by Aviation Act 2006 (7/2006), s. 2(a)(i)-(iv), commenced on enactment.

F2

Deleted (4.04.2006) by Aviation Act 2006 (7/2006), s. 2(a)(v), (vi), commenced on enactment.