C18

Section prior to repeal is reproduced here for purpose of the transitional provision.

40.— (1) This section applies to—

(a) an airport authority to whom a determination under section 32(2) applies,

(b) the Irish Aviation Authority in respect of a determination under section 35(2), and

F46[(c) a user in respect of a determination under section 32(2) or 35(2).]

(2) The Minister shall, upon a request in writing from a person to whom this section applies who is aggrieved by a determination under section 32(2) or 35(2), establish a panel (“appeal panel”) to consider an appeal by that person against the determination.

F47[(2A) A request under subsection (2) shall be made promptly but not later than 3 months after publication of notice of the determination to which it relates.

(2B) Notwithstanding subsection (2), the Minister may, where he or she has considered a request under that subsection and is of the opinion that the request is vexatious, frivolous or without substance, refuse to establish an appeal panel to consider the appeal. A refusal by the Minister to establish the appeal panel shall be in writing and state the reasons for the refusal.

(2C) The Minister may establish an appeal panel to consider one or more requests under subsection (2).]

(3) An appeal panel shall consist of at least 3 but not more than 5 persons appointed by the Minister, one of whom shall be designated by the Minister to be the chairperson of the appeal panel.

(4) An appeal panel shall determine its own procedure.

(5) An appeal panel shall consider the determination and, not later than F48[3 months] from the date of its establishment, may confirm the determination or, if it considers that in relation to the provisions of section 33 or 36, there are sufficient grounds for doing so, refer the decision in relation to the determination back to the Commission for review.

(6) An appeal panel shall notify the person who made the request under subsection (2) of its decision under subsection (5).

(7) An appeal panel, having considered a determination under section 32(2) or 35(2) and made a decision in respect of it under subsection (5) and having notified under subsection (6) the person who made the request under subsection (2) of its decision, shall stand dissolved.

(8) The Commission, where it has received a referral under subsection (5) from an appeal panel, shall, within F48[2 months] of receipt of the referral, either affirm or vary its original determination and notify the person who made the request under subsection (2) of the reasons for its decision.

F49[(8A) Where a referral is made under subsection (5), whether before or after the passing of the Aviation Act 2006, and there is no person holding office as a commissioner, then a decision under subsection (8) may only be made (other than a decision made before the passing of that Act) within the period referred to in that subsection—

(a) where a commissioner is appointed within the period of 6 months of the referral, by the commissioner from the time he or she is appointed,

(b) where a commissioner is not appointed within the period referred to in paragraph (a), from the end of that period by the deputy commissioner, unless a commissioner is appointed, or

(c) where a commissioner is appointed within the period referred to in paragraph (a) but due to his or her incapacity to act as a commissioner or ceasing to be a commissioner before making the decision within the period of 2 months referred to in subsection (8)—

(i) within that period of 2 months, by the deputy commissioner, or

(ii) if another commissioner has been appointed within the period referred to in subsection (8), by the other commissioner within that period.

(8B) A decision under subsection (8) shall only be made by a commissioner, other than in the circumstances mentioned in subsection (8A)(b) or (c)(i) where no commissioner has been appointed.]

(9) A notice of a decision made under subsection (8) shall be given by publishing the notice in a daily newspaper published and circulating in the State and by such other means as the Commission may determine.