Irish Aviation Authority Act 1993

Provisions in relation to orders and regulations made by Minister or company.

5

5. (1) An order or regulation made by the Minister or the company under this Act may be made applicable to any aircraft in or over the State or to aircraft registered in the State wherever they may be.

(2) An order or regulation made by the Minister or the company under this Act may authorise the Minister or the company, as the case may be, to give directions for carrying out the purposes of the order or regulation, as the case may be, in respect of such matters and things as may be specified in the order or regulation, as the case may be, and, where an order or regulation so authorises, the Minister or the company, as the case may be, may give such a direction.

(3) An order or regulation made by the Minister or the company under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister or the company, as the case may be, to be necessary or expedient for the purposes of the order or regulation.

(4) Before making an order or regulation, or giving a direction (other than a direction to the company), under or by virtue of this Act or the Acts relating to a matter to which a function of the company relates, the Minister shall consult with the company in relation to the order, regulation or direction.

(5) ( a) The Minister may by order amend or revoke an order made by him under this Act and by direction amend or revoke a direction given by him under or by virtue of this Act.

( b) The company may by order amend or revoke an order made by it under this Act and by direction amend or revoke a direction given by it under or by virtue of this Act.

( c) An order or direction under this subsection shall be made or given in the like manner and its making or giving shall be subject to the like (if any) consents and conditions as the order or direction that it is amending or revoking.

(6) The Minister shall not—

( a) make an order or regulation under this Act or the Acts in relation to a matter as respects which the company may make an order or regulation under this Act or the Acts, or

( b) give a direction (other than a direction to the company) in relation to a matter as respects which the company may give a direction.

(7) Before making an order under section 15 or 58 (2) or an order amending or revoking such an order, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.

(8) Before making an order or regulation under this Act, the company shall inform the Minister of its intention to make the order or regulation and of its purpose.

(9) The Chief Executive or any other member of the staff of the company may, if duly authorised in that behalf by the company in relation to a particular direction or class of direction which the company is authorised to give, give the direction or a direction of that class, as the case may be, on behalf of the company.

(10) The company shall not, in any order or regulation made or direction given under or by virtue of this Act, make provision in relation to the safeguarding of civil aviation against acts of unlawful interference.

(11) F3 [ ]

Annotations

Amendments:

F3

Repealed (21.02.2001) by Aviation Regulation Act 2001 (1/2001), s. 47, commenced on enactment.

Modifications (not altering text):

C2

Activity under section deemed not unlawful as regards discrimination on grounds of age or disability (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 17(3)(e), S.I. No. 320 of 1999.

Compliance with statutory requirements etc.

17.— ...

(3) In relation to discrimination on the age ground or the disability ground, nothing in this Act shall render unlawful any act done in compliance with any provision made by or under— ...

( e) sections 5, 14, 58 and 60 of the Irish Aviation Authority Act, 1993.

...

Editorial Notes:

E1

Power pursuant to section exercised (1.01.2016) by Irish Aviation Authority Fees Order 2015 (S.I. No. 523 of 2015), in effect as per art. 2.

E2

Power pursuant to section exercised (21.12.2015) by Irish Aviation Authority (Small Unmanned Aircraft (Drones) and Rockets) Order 2015 (S.I. No. 563 of 2015), in effect as per art. 1(2).

E3

Power pursuant to section exercised (1.06.2015) by Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2015 (S.I. No. 107 of 2015), in effect as per art. 2.

E4

Power pursuant to section exercised (1.03.2015) by Irish Aviation Authority (Noise Certification and Limitation) Order 2015 (S.I. No. 55 of 2015), in effect as per art. 1(2).

E5

Power pursuant to section exercised (1.10.2008) by Irish Aviation Authority (Aerodrome Standards) Order 2008 (S.I. No. 356 of 2008), in effect as per art. 1.

E6

Power pursuant to section exercised (1.10.2008) by Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order 2008 (S.I. No. 355 of 2008), in effect as per art. 1(2).

E7

Power pursuant to section exercised (13.03.2008) by Irish Aviation Authority (Designated Areas) Order 2007 (S.I. No. 806 of 2007), in effect as per art. 2.

E8

Power pursuant to section exercised (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), in effect as per art. 1(2).

E9

Power pursuant to section exercised (1.01.2006) by Irish Aviation Authority (Protected Area) Order 2005 (S.I. No. 777 of 2005), in effect as per art. 1(b).

E10

Power pursuant to section exercised (1.05.2005) by Irish Aviation Authority (Obstacles to Aircraft in Flight) Order 2005 (S.I. No. 215 of 2005), in effect as per art. 1.

E11

Power pursuant to section exercised (1.03.2005) by Irish Aviation Authority (Air Traffic Service Systems) Order 2004 (S.I. No. 855 of 2004), in effect as per art. 1(2).

E12

Power pursuant to section exercised (1.03.2005) by Irish Aviation Authority (Air Traffic Control Standards) Order 2004 (S.I. No. 856 of 2004), in effect as per art. 1(2).

E13

Power pursuant to section exercised (1.01.2004) by Irish Aviation Authority (Airworthiness of Aircraft) (Amendment) Order 2003 (S.I. No. 684 of 2003), in effect as per art. 1(4).

E14

Power pursuant to section exercised (1.01.2004) by Irish Aviation Authority (Personnel Licensing) (Amendment) Order 2003 (S.I. No. 683 of 2003), in effect as per art. 1(4).

E15

Power pursuant to section exercised (14.11.2003) by Irish Aviation Authority (Eurocontrol Safety Regulatory Requirements) Order 2003 (S.I. No. 387 of 2003), in effect as per art. 2.

E16

Power pursuant to section exercised (17.11.2000) by Irish Aviation Authority (Personnel Licensing) Order 2000 (S.I. No. 333 of 2000), in effect as per. art. 1(2).

E17

Power pursuant to section exercised (7.01.2000) by Irish Aviation Authority (En Route Obstacles to Air Navigation) Order 1999 (S.I. No. 423 of 1999), in effect as per art. 1.

E18

Power pursuant to section exercised (7.01.2000) by Irish Aviation Authority (Tethered Balloons, Airships, Free Balloons and Kites) Order 1999 (S.I. No. 422 of 1999), in effect as per art. 1(2).

E19

Power pursuant to section exercised (1.03.2000) by Irish Aviation Authority (Air Operator Certificates) Order 1999 (S.I. No. 420 of 1999), in effect as per art. 1.

E20

Power pursuant to section exercised (27.05.1997) by Air Navigation (Operations) (Amendment) Order 1997 (S.I. No. 220 of 1997).

E21

Power pursuant to subs. (5) exercised (3.03.1997) by Irish Aviation Authority (Airworthiness of Aircraft) (Amendment) Order 1997 (S.I. No. 102 of 1997).

E22

Power pursuant to section exercised (1.03.1997) by Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996 (S.I. No. 324 of 1996), in effect as per art. 1(2).

E23

Previous affecting provision: power pursuant to section exercised (15.12.2009) by Irish Aviation Authority (Noise Certification and Limitation) Order 2009 (S.I. No. 492 of 2009), in effect as per art. 1(2); revoked (1.03.2015) by Irish Aviation Authority (Noise Certification and Limitation) Order 2015 (S.I. No. 55 of 2015), art. 2(1), in effect as per art. 1(2).

E24

Previous affecting provision: power pursuant to section exercised (1.01.2008) by Irish Aviation Authority (Fees) (No. 2) Order 2007 (S.I. No. 805 of 2007), in effect as per art. 1(2); revoked (1.01.2016) by Irish Aviation Authority Fees Order 2015 (S.I. No. 523 of 2015), art. 3, in effect as per art. 2.

E25

Previous affecting provision: power pursuant to section exercised (1.05.2007) by Irish Aviation Authority (Fees) Order 2007 (S.I. No. 119 of 2007), in effect as per art. 1(2); revoked (1.01.2008) by Irish Aviation Authority (Fees) (No. 2) Order 2007 (S.I. No. 805 of 2007),art. 3, in effect as per art. 1(2).

E26

Previous affecting provision: power pursuant to section exercised (16.12.2005) by Irish Aviation Authority (Operations)(Amendment No. 2) Order 2005 (S.I. No. 778 of 2005), in effect as per art. 1(4); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3(1), in effect as per art. 1(2).

E27

Previous affecting provision: power pursuant to section exercised (1.01.2006) by Irish Aviation Authority (Fees) Order 2005 (S.I. No. 775 of 2005), in effect as per art. 1(2); revoked (1.05.2007) by Irish Aviation Authority (Fees) Order 2007 (S.I. No. 119 of 2007), art. 3, in effect as per art. 1(2).

E28

Previous affecting provision: power pursuant to section exercised (12.10.2005) by Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2005 (S.I. No. 634 of 2005), in effect as per art. 2; revoked (1.06.2015) by Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2015 (S.I. No. 107 of 2015) art. 4, in effect as per art. 2.

E29

Previous affecting provision: power pursuant to section exercised (3.05.2005) by Irish Aviation Authority (Operations) (Amendment) Order 2005 (S.I. No. 217 of 2005), in effect as per art. 1(4); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3, in effect as per art. 1(2).

E30

Previous affecting provision: power pursuant to section exercised (3.05.2005) by Irish Aviation Authority (Aerodromes and Visual Ground Aids) (Amendment) Order 2005 (S.I. No. 216 of 2005), in effect as per art. 1(4); revoked (1.10.2008) by Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order 2008 (S.I. No. 355 of 2008), art. 3, in effect as per art. 1(2).

E31

Previous affecting provision: power pursuant to section exercised (1.01.2005) by Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2004 (S.I. No. 857 of 2004), in effect as per art. 2; revoked (12.10.2005) by Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2005 (S.I. No. 634 of 2005, art. 4, in effect as per art. 2.

E32

Previous affecting provision: power pursuant to section exercised (1.01.2005) by Irish Aviation Authority (Fees) Order 2004 (S.I. No. 854 of 2004), in effect as per art. 1(2); revoked (1.01.2006) by Irish Aviation Authority (Fees) Order 2005 (S.I. No. 775 of 2005), art. 3, in effect as per art. 1(2).

E33

Previous affecting provision: power pursuant to section exercised (1.01.2004) by Irish Aviation Authority (Fees) Order 2003 (S.I. No. 682 of 2003), in effect as per art. 1(2); revoked (1.01.2005) by Irish Aviation Authority (Fees) Order 2004 (S.I. No. 854 of 2004, art. 3, in effect as per art. 1(2).

E34

Previous affecting provision: power pursuant to section exercised (2.09.2003) by Irish Aviation Authority (Operations)(Amendment) Order 2003 (S.I. No. 388 of 2003), in effect as per art. 1(4); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3(1), in effect as per art. 1(2).

E35

Previous affecting provision: power pursuant to section exercised (1.01.2003) by Irish Aviation Authority (Fees) Order 2002 (S.I. No. 486 of 2002), in effect as per art. 1(2); revoked (1.01.2004) by Irish Aviation Authority (Fees) Order 2003 (S.I. No. 682 of 2003, art. 3, in effect as per art. 1(2).

E36

Previous affecting provision: power pursuant to section exercised (31.12.2002) by Irish Aviation Authority (Operations)(Amendment) Order 2002 (S.I. No. 592 of 2002), in effect as per art. 1(4); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3(1), in effect as per art. 1(2).

E37

Previous affecting provision: power pursuant to section exercised (31.12.2002) by Irish Aviation Authority (Obstacles to Aircraft in Flight) (Amendment) Order 2002 (S.I. No. 591 of 2002), in effect as per art. 1(4); revoked (1.05.2005) by Irish Aviation Authority (Obstacles To Aircraft in Flight) Order 2005 (S.I. No. 215 of 2005), art. 1, in effect as per art. 1.

E38

Previous affecting provision: power pursuant to section exercised (1.10.2002) by Irish Aviation Authority (Operations) Order 2002 (S.I. No. 437 of 2002), in effect as per art. 1(2); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3(1), in effect as per art. 1(2).

E39

Previous affecting provision: power pursuant to section exercised (16.05.2002) by Irish Aviation Authority (Designated Areas) Order 2002 (S.I. No. 140 of 2002), in effect as per art. 2; revoked (13.03.2008) by Irish Aviation Authority (Designated Areas) Order 2007 (S.I. No. 806 of 2007), art. 6, in effect as per art. 2.

E40

Previous affecting provision: power pursuant to section exercised (1.03.2002) by Irish Aviation Authority (Obstacles To Aircraft in Flight) Order 2002 (S.I. No. 14 of 2002), in effect as per art. 1; revoked (1.05.2005) by Irish Aviation Authority (Obstacles To Aircraft in Flight) Order 2005 (S.I. No. 215 of 2005), art. 1, in effect as per art. 1.

E41

Previous affecting provision: power pursuant to section exercised (1.03.2002) by Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2001 (S.I. No. 566 of 2001), in effect as per art. 2; revoked (1.01.2005) by Irish Aviation Authority (Nationality Registration of Aircraft) Order 2004 (S.I. No. 857 of 2004), art. 4, in effect as per art. 2.

E42

Previous affecting provision: power pursuant to section exercised (1.02.2002) by Irish Aviation Authority (Fees) Order 2001 (S.I. 567 of 2001), in effect as per art. 1(2); revoked (1.01.2003) by Irish Aviation Authority (Fees) Order 2002 (S.I. No. 486 of 2002), art. 3, in effect as per art. 1(2).

E43

Previous affecting provision: power pursuant to section exercised (1.01.2002) by Irish Aviation Authority (Aeronautical Radio and Radar Equipment) Order 2001 (S.I. No. 565 of 2001), in effect as per art. 1(2); revoked (1.03.2005) by Irish Aviation Authority (Air Traffic Service Systems) Order 2004 (S.I. No. 855 of 2004), art. 2(2)(i), in effect as per art. 1(2).

E44

Previous affecting provision: power pursuant to section exercised (1.01.2001) by Irish Aviation Authority (Fees) (No. 2) Order 2000 (S.I. No. 433 of 2000), in effect as per art. 1(2); revoked (1.02.2001) by Irish Aviation Authority (Fees) Order 2001 (S.I. No. 567 of 2001), art. 3, in effect as per art. 1(2).

E45

Previous affecting provision: power pursuant to section exercised (14.11.2000) by Irish Aviation Authority (Fees)(Amendment) Order 2000 (S.I. No. 336 of 2000), in effect as per art. 1(2); revoked (1.01.2001) by Irish Aviation Authority (Fees) (No. 2) Order 2000 (S.I. No. 433 of 2000), art. 3, in effect as per art. 1(2).

E46

Previous affecting provision: power pursuant to section exercised (14.11.2000) by Irish Aviation Authority (Operations) (Amendment) Order 2000 (S.I. No. 335 of 2000), in effect as per art. 1(4); revoked (1.10.2002) by Irish Aviation Authority (Operations) Order 2002 (S.I. No. 437 of 2002), art. 3(1), in effect as per art. 1(2).

E47

Previous affecting provision: power pursuant to section exercised (14.11.2000) by Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order 2000 (S.I. No. 334 of 2000), in effect as per art. 1(2); revoked (1.10.2008) by Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order 2008 (S.I. No. 355 of 2008), art. 3, in effect as per art. 1(2).

E48

Previous affecting provision: power pursuant to section exercised (4.02.2000) by Irish Aviation Authority (Aerodrome Standards) Order 2000 (S.I. No. 26 of 2000), in effect as per art. 1; revoked (1.10.2008) by Irish Aviation Authority (Aerodrome Standards) Order 2008 (S.I. No. 356 of 2008), art. 3, in effect as per art. 1.

E49

Previous affecting provision: power pursuant to section exercised (1.03.2000) by Irish Aviation Authority (Rockets and Small Aircraft) Order 2000 (S.I. No. 25 of 2000), in effect as per. art. 2; revoked (21.12.2015) by Irish Aviation Authority (Small Unmanned Aircraft (Drones) and Rockets) Order 2015 (S.I. No. 563 of 2015, art. 3, in effect as per art. 1(2).

E50

Previous affecting provision: power pursuant to section exercised (1.03.2000) by Irish Aviation Authority (Fees) Order 2000 (S.I. No. 24 of 2000), in effect as per. art. 1(2); revoked (1.01.2001) by Irish Aviation Authority (Fees) (No. 2) Order 2000 (S.I. No. 433 of 2000), art. 3, in effect as per art. 1(2).

E51

Previous affecting provision: power pursuant to section exercised (7.01.2000) by Irish Aviation Authority (Noise Certification and Limitation) (Amendment) Order 1999 (S.I. No. 421 of 1999), in effect as per art. 1(4); revoked (15.12.2009) by Irish Aviation Authority (Noise Certification and Limitation) Order 2009 (S.I. No. 492 of 2009), art. 2, in effect as per art. 1(2).

E52

Previous affecting provision: power pursuant to section exercised (1.06.1999) by Air Navigation (Personnel Licensing) (No. 2) (Amendment) Order 1999 (S.I. No. 159 of 1999), in effect as per art. 1(3); revoked (17.11.2000) by Irish Aviation Authority (Personnel Licensing) Order 2000 (S.I. No. 333 of 2000), art. 3, in effect as per art. 1(2).

E53

Previous affecting provision: power pursuant to section exercised (1.03.1999) by Air Navigation (Personnel Licensing) (Amendment) Order 1999 (S.I. No. 21 of 1999), in effect as per art. 1(3); revoked (17.11.2000) by Irish Aviation Authority (Personnel Licensing) Order 2000 (S.I. No. 333 of 2000), art. 3, in effect as per art. 1(2).

E54

Previous affecting provision: power pursuant to section exercised (1.03.1999) by Irish Aviation Authority (Operations) Order 1999 (S.I. No. 19 of 1999), in effect as per art. 1(2); revoked (1.10.2002) by Irish Aviation Authority (Operations) Order 2002 (S.I. No. 437 of 2002, art. 3, in effect as per art. 1(2).

E55

Previous affecting provision: power pursuant to section exercised (1.01.1999) by Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order 1998 (S.I. No. 487 of 1998), in effect as per art. 1(2); revoked (14.11.2000) by Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order 2000 (S.I. No. 334 of 2000), art. 3, in effect as per art. 1(2).

E56

Previous affecting provision: power pursuant to section exercised (1.01.1999) by Irish Aviation Authority (Fees) Order 1998 (S.I. No. 486 of 1998), in effect as per art. 1(2); revoked (1.03.2000) by Irish Aviation Authority (Fees) Order 2000 (S.I. No. 24 of 2000), art. 3, in effect as per art. 1(2).

E57

Previous affecting provision: power pursuant to section exercised (1.09.1997) by Irish Aviation Authority (Fees) Order 1997 (S.I. No. 295 of 1997), in effect as per art. 1(2); revoked (1.01.1999) by Irish Aviation Authority (Fees) Order 1998 (S.I. No. 486 of 1998), art. 3, in effect as per art. 1(2).

E58

Previous affecting provision: power pursuant to section exercised (27.05.1997) by Irish Aviation Authority (Nationality and Registration of Aircraft) (Amendment) Order 1997 (S.I. No. 219 of 1997); revoked (1.03.2002) by Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2001 (S.I. No. 566 of 2001), art. 4, in effect as per art. 2.

E59

Previous affecting provision: power pursuant to subs. (5) exercised (3.03.1997) by Air Navigation (Personnel Licensing) (Amendment) Order 1997 (S.I. No. 101 of 1997); revoked (17.11.2000) by Irish Aviation Authority (Personnel Licensing) Order 2000 (S.I. No. 333 of 2000), art. 3, in effect as per art. 1(2).

E60

Previous affecting provision: power pursuant to section exercised (12.11.1996) by Irish Aviation Authority (Aerodrome Standards) Order 1996 (S.I. No. 323 of 1996), in effect as per art. 1; revoked (4.02.2000) by Irish Aviation Authority (Aerodrome Standards) Order 2000 (S.I. No. 26 of 2000), art. 3, in effect as per art. 1.

E61

Previous affecting provision: power pursuant to section exercised (1.03.1997) by Irish Aviation Authority (Nationality and Registration of Aircraft) Order 1996 (S.I. No. 322 of 1996), in effect as per art. 2; revoked (1.03.2001) by Irish Aviation Authority (Nationality and Registration of Aircraft) Order 2001 (S.I. No. 566 of 2001), art. 4, in effect as per art. 2.

E62

Previous affecting provision: power pursuant to section exercised (1.06.1996) by Air Navigation (Personnel Licensing) (Amendment) Order 1996 (S.I. No. 50 of 1996), in effect as per art. 1(4); revoked (17.11.2000) by Irish Aviation Authority (Personnel Licensing) Order 2000 (S.I. No. 333 of 2000), art. 3, in effect as per art 1(2).

E63

Previous affecting provision: previous affecting provision: power pursuant to section exercised (20.02.1996) by Air Navigation (Fees) (Amendment) Order 1996 (S.I. No. 49 of 1996), in effect as per art. 1(2); revoked (1.09.1997) by Irish Aviation Authority (Fees) Order 1997 (S.I. No. 295 of 1997), in effect as per art. 1(2).

E64

Previous affecting provision: power pursuant to section exercised (25.08.1995) by Air Navigation (Personnel Licensing) (Amendment) Order 1995 (S.I. No. 222 of 1995), in effect as per art. 2; revoked (1.06.1996) by Air Navigation (Personnel Licensing) (Amendment) Order 1996 (S.I. No. 50 of 1996), art. 3, in effect as per art. 1(4).

E65

Previous affecting provision: power pursuant to section exercised (14.09.1995) by Air Navigation (Designated Areas) Order 1995 (S.I. No. 170 of 1995), in effect as per art. 1(2); revoked (16.05.2002) by Irish Aviation Authority (Designated Areas) Order 2002 (S.I. No. 140 of 2002), art. 6, in effect as per art. 2.