45A.—(1) Where the Commission either on its own initiative or following a complaint by a passenger is of the opinion that an operating air carrier is failing to comply with or is infringing Regulation (EC) No. 261/2004, it may issue a direction to the carrier to comply with the Regulation or cease the infringement and to comply with any instructions contained in the direction. The carrier may, within 14 days of the issue of the direction, make representations to the Commission, which the Commission shall consider. The Commission shall, where it has received such representations, reply in writing to the carrier within 2 months of such receipt. The Commission in its reply may confirm, vary or withdraw the direction. Where the direction is confirmed (with or without variation) the direction takes effect on the date the reply is given.

(2) Where a direction has been issued to an operating air carrier who—

(a) has not made representations to the Commission within the period of 14 days of the issue of the direction to the carrier, after such period, or

(b) has made such representations and the Commission has replied to the carrier confirming the direction with or without variation, after the reply is given,

fails to comply with the direction, the carrier commits an offence and is liable—

(i) on summary conviction, to a fine not exceeding €5,000, or

(ii) on conviction on indictment, to a fine not exceeding €150,000.

F55[(2A) Where an operating air carrier having been convicted of an offence under subsection (2), after the commencement of this subsection, continues to fail to comply with the direction to which the offence relates, the operating air carrier commits a further offence on each day that the failure to comply continues and for each such offence is liable on summary conviction to a class E fine.]

(3) Where a direction or reply is required to be given to an operating air carrier, the direction or reply shall be addressed to the carrier and shall be given to the carrier in one of the following ways—

(a) by delivering it to the carrier,

(b) by leaving it at the address at which the carrier carries on business,

(c) by sending it by post in a pre-paid registered letter addressed to the carrier at the address at which the carrier carries on business,

(d) if an address for the service of a direction or reply has been furnished by the carrier, by leaving it at, or sending it by pre-paid registered post addressed to the carrier to, that address,

(e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the carrier carries on business or, if an address for the service of a direction or reply has been furnished by the carrier, that address:

provided that—

(i) the sender’s—

(I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or

(II) facsimile machine generates a message confirming successful transmission of the total number of pages of the direction or reply,

and

(ii) the direction or reply is also given in one of the other ways mentioned in any of the preceding paragraphs.

(4) For the purposes of subsection (3), a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.

(5) A copy of a direction or reply, which has endorsed on it a certificate purporting to be signed by a commissioner, the deputy commissioner or an officer of the Commission (authorised in that behalf by the Commission) stating that the copy is a true copy of the direction or reply may, without proof of signature of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the direction or reply.

(6) In this section—

"direction" means a direction under subsection (1);

"operating air carrier" has the meaning assigned to it in Article 2 of Regulation (EC) No. 261/2004;

"passenger" means a passenger to whom Article 3 of Regulation (EC) No. 261/2004 applies;

"reply" means a reply by the Commission under subsection (1).]

F56[(7) For the purpose of the exercise of jurisdiction in relation to an offence under this section, the act constituting the offence shall be deemed to have been committed within the area of the Dublin Metropolitan District.]