Irish Aviation Authority Act 1993

Recoupment by Minister of certain costs of company.

45

45. (1) ( a) The Minister may, with the consent of the Minister for Finance, give a direction to the company—

(i) requiring the company to exempt specified classes of users of aeronautical communications services, or specified aeronautical communications services, provided by the company from the payment of fees or charges to the company for the provision of those services, or

(ii) requiring the company, in accordance with the International Civil Aviation Organisation and Eurocontrol charging principles, to provide by regulations under section 43 or by order under section 60 (1) (j) as may be appropriate, for the exemption from the payment to the company of charges or fees imposed under section 43 or 60 (1) (j) , as the case may be, for the provision by it of air navigation services or aeronautical communications services or the performance by it of functions specified in section 14 (1) (h) in respect of specified classes of flights by aircraft or specified classes of persons.

( b) The company shall comply with a direction under this subsection.

( c) The Minister shall pay to the company an amount equal to the amount of any costs incurred by it in the provision of services or the performance of functions to which an exemption specified in a direction under this subsection relates.

(2) Payments under this section shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(3) In this section “ the International Civil Aviation Organisation and Eurocontrol charging principles” means the principles specified in and developed under and in accordance with the provisions of Article 15 of the Chicago Convention and any amendment thereof whether made before or after the commencement of this section and the principles specified in the document entitled “ Conditions of Application of the Route Charges Systems and Conditions of Payment” reference doc. 90.60.04, published by Eurocontrol and any amendment thereof, whether made before or after the commencement of this Act.

Annotations

Modifications (not altering text):

C25

Functions 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.

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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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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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