State Airports Act 2004
Chairperson and directors of Aer Rianta ceasing to hold office on Dublin appointed day.
13. —(1) The chairperson and directors of Aer Rianta shall cease to hold office on the Dublin appointed day when the chairperson and directors of Dublin Airport Authority appointed by the Minister under subsection (4) take office.
(2) Dublin Airport Authority shall, as soon as may be after the Dublin appointed day, appoint under section 28 (as amended by paragraph 13 of the Schedule) of the Act of 1998 new chairpersons and directors to the boards of its subsidiaries. The chairperson and directors of the boards of those subsidiaries holding office, immediately before a new appointment under this subsection, shall cease to hold office from the relevant date that the appointments on the boards are taken up under this subsection.
(3) The directors of Aer Rianta ceasing to hold office in accordance with subsection (1) are deemed to create casual vacancies for the purposes of section 22 of the Act of 1977.
(4) The Minister may, at any time after the passing of this Act, appoint such persons as he or she thinks appropriate to take office as directors (including the chairperson) of the board of Dublin Airport Authority with effect from the Dublin appointed day in accordance with section 22(3) (as amended by paragraph 9 of the Schedule) of the Act of 1998. The Minister may make the appointments at the same or at different times.
(5) In appointing any worker directors to fill a casual vacancy which will be created by virtue of subsection (1), the Minister shall have regard to the poll at the last election of Aer Rianta held in accordance with section 9 of the Act of 1977 and consult with any recognised trade union or staff association concerned before appointing worker directors to the board of Dublin Airport Authority.
(6) A worker director appointed by the Minister, under this section, to fill a casual vacancy shall, unless he or she sooner dies, resigns or becomes disqualified, hold office until the next election.
(7) Notwithstanding that 1 May 1989 was appointed by the Order of 1989 to be the appointed day for the purposes of section 6 of the Act of 1977 in relation to Aer Rianta, the Minister may by order appoint, in lieu of that day, another day to be the appointed day for the purposes of section 6 of the Act of 1977. The Order of 1989 is revoked on the commencement of an order under this subsection.
(8) Following selection for appointment at an open public competition held by or on behalf of Dublin Airport Authority, the Chief Executive of Dublin Airport Authority shall be appointed by the directors appointed under subsection (4). Section 29 (as amended by paragraph 14 of the Schedule) of the Act of 1998 applies to such appointment.
(9) In this section —
“Order of 1989” means the Worker Participation (State Enterprises) Acts 1977 and 1988 (Appointed Day) (Aer Rianta) Order 1989 (S.I. No. 96 of 1989);
“subsidiary” means a company all of the issued shares in the share capital of which are held by or on behalf of Aer Rianta or Dublin Airport Authority, as the case may be.