Irish Aviation Authority Act 1993

Decisions by company in relation to technical and safety standards of aircraft and air navigation.

36

36. (1) Before making a decision in relation to or affecting technical or safety standards in relation to aircraft or air navigation or otherwise affecting or likely to affect the safety of civil aviation, the directors of the company shall obtain and consider the opinion of the Chief Executive in relation to the matter to be decided.

(2) Where, in the opinion of the Chief Executive, the implementation of a decision of the directors of the company would contravene the technical or safety standards referred to in section 32 or otherwise adversely affect the safety of civil aviation, the following provisions shall have effect:

( a) the Chief Executive shall inform the directors of his opinion aforesaid and upon being so informed, the directors shall refrain from implementing the decision,

( b) the relevant proceedings of the meetings at which the question decided was considered and the decision was taken shall be recorded in the minutes of the meetings,

( c) the chairman of the company shall inform the Minister of the decision and of the opinion of the Chief Executive in relation thereto,

( d) the Minister shall be furnished by the company with such information relating to the matter as he may reasonably request, including records, minutes and other material and shall also be furnished by the Chief Executive or any director with such information or explanations as he may reasonably request and the Minister may furnish a person appointed under paragraph (f) to examine the decision with any information or explanations furnished to him under this paragraph,

( e) the Minister, after consultation with the chairman of the company and the Chief Executive, shall, if he considers it necessary or expedient to do so, direct the company to take such action (pending the submission to the Minister of the report under paragraph (f) and compliance with any direction under paragraph (g) in relation to the matter) as he may specify for the maintenance of the standards aforesaid or the safety of civil aviation,

( f) the question decided by the directors and the decision shall be examined by a person appointed by the Minister, with the consent of the Minister for Finance who, in the opinion of the Minister, is suitably qualified and the person shall submit to the Minister and the company a report of the result of his examination and the report shall include a recommendation as to the decision that, in his opinion, should be taken by the directors of the company on the question and the reasons for the recommendation,

( g) the Minister, having considered the recommendation, may—

(i) direct the directors to make and implement such decision as he may specify on the question, or

(ii) direct the directors to consider the recommendation and make such decision as they think fit,

and the directors shall comply with the direction.

(3) The company shall pay to the Minister the costs of an examination and recommendation under subsection (2) (f).

(4) ( a) Unless authorised by the Minister to do so, a person shall not disclose that the provisions of subsection (2) have had effect in relation to a decision of the directors of the company or that a decision to which that subsection applies has been made.

( b) A person who contravenes paragraph (a) shall be guilty of an offence.

Annotations

Modifications (not altering text):

C23

Functions under subs. (2)(f) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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...

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No. 29 of 1993

Irish Aviation Authority Act 1993

Sections 8, 9, 12, 13, 17, 18, 22, 23, 30, 31, 33(4), 36(2)(f) and 45

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