Air Navigation and Transport Act 2022
Number 40 of 2022
AIR NAVIGATION AND TRANSPORT ACT 2022
REVISED
Updated to 20 July 2023
This Revised Act is an administrative consolidation of the Air Navigation and Transport Act 2022. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Merchant Shipping (Fire Protection) (No. 2) Rules 2023 (S.I. No. 380 of 2023), made 20 July 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 40 of 2022
AIR NAVIGATION AND TRANSPORT ACT 2022
REVISED
Updated to 20 July 2023
CONTENTS
Preliminary and General
Section
1. Short title, commencement, collective citations and construction
3. Application to state aircraft
5. Directions by Minister to IANS
6. Disposal of moneys received by Minister
Formation and Administration of Irish Air Navigation Service
10. Formation of Irish Air Navigation Service
11. Alternative or additional names for IANS
13. Form of memorandum of association of IANS, etc.
15. Conferral of additional functions on IANS
18. Restriction on alteration of memorandum or articles of association
20. Issue of share to Minister
21. Issue of shares to subscribers to memorandum of association of IANS
22. Exercise of powers by Minister for Public Expenditure and Reform in respect of shares
23. Transfer by Minister for Public Expenditure and Reform of shares
24. Obligation of certain shareholders to hold shares in trust
25. Payment of dividends, etc., into Exchequer
26. Borrowing by IANS and subsidiaries
27. Guaranteeing by Minister for Public Expenditure and Reform of borrowing by IANS
28. Provision of money for payments out of Central Fund
30. Annual report and giving of information to Minister
31. Disclosure by directors of certain interests
32. Disclosure by members of staff of certain interests
33. Prohibition on unauthorised disclosure of information
34. Membership of either House of Oireachtas or European Parliament
36. Remuneration, etc., of staff
37. Transfer of staff of IAA to IANS
39. Acquisition of land and entry onto land by IANS
Fees and Charges of IANS
40. Charges by IANS in respect of air navigation and aeronautical communications services
42. Recoupment by Minister of certain costs of IANS
Provisions in relation to Eurocontrol, International Agreements and Certain Organisations
Provisions in relation to Eurocontrol
44. Venue for proceedings for recovery of sums due to Eurocontrol
Provisions in relation to the International Civil Aviation Organisation, International Agreements and certain organisations
45. Expenses of international organisations
46. Attendance of IANS at meetings of or organised by certain international organisations
Miscellaneous
49. Charge of rates on property of IANS
Transitional Provisions
50. Continuance of certain instruments
51. Continuance of pending legal proceedings
53. Transfer of other property
54. Transfer of rights and liabilities
55. Transitional financial provisions
56. Liability for loss occurring before vesting day
Amendment of Irish Aviation Authority Act 1993
57. Amendment of section 2 of Act of 1993
58. Amendment of section 14 of Act of 1993
59. Amendment of section 16 of Act of 1993
60. Amendment of section 17 of Act of 1993
61. Amendment of section 23 of Act of 1993
62. Amendment of section 26 of Act of 1993
63. Amendment of section 27 of Act of 1993
64. Advances and grants by Minister to company
65. Amendments of Act of 1993 - insertion of new sections 29A and 29B
67. Amendment of section 32 of Act of 1993
68. Annual aviation safety performance statements
69. Amendment of section 38 of Act of 1993
70. Remuneration, etc., of staff
72. Amendment of Act of 1993 - substitution of section 58
73. Amendment of section 59 of Act of 1993
74. Amendment of section 60 of Act of 1993
75. Amendment of Act of 1993 - insertion of new Part IVA
76. Aviation Stakeholders Forum and Licence Holders Charter
77. Crew peer support programmes
78. Amendment of section 67 of Act of 1993
79. Regulations may be made to give effect to certain provisions of EASA Basic Regulation
80. Accountability of company, etc., to Committees of Oireachtas
81. Amendment of section 72 of Act of 1993
82. Amendment of Act of 1993 - insertion of new sections 74A to 74D
83. Substitution of Schedule to Act of 1993
84. Amendment of Act of 1993 - insertion of Schedule
Restructuring of IAA - supplementary provisions
Amendment of Air Navigation and Transport (Amendment) Act 1998
87. Amendment of section 13 of Act of 1998
Amendment of Aviation Regulation Act 2001, etc.
90. Amendment of section 2 of Act of 2001
91. Amendment of section 7 of Act of 2001
92. Commission to review market power of airport authorities
93. Amendment of section 10 of Act of 2001
94. Amendment of section 17 of Act of 2001
95. Amendment of section 26 of Act of 2001
96. Amendment of section 27 of Act of 2001
97. Amendment of Act of 2001 - insertion of new sections 27A and 27B
98. Amendment of section 32 of Act of 2001
99. Amendment of section 33 of Act of 2001
100. Minister may review regulation of airport charges by Commission
102. Amendment of section 42 of Act of 2001
103. Amendment of section 45A of Act of 2001
104. Directions - Regulations of 2011
Dissolution of Commission for Aviation Regulation
108. Dissolution of Commission
109. Transfer of functions to IAA
110. Transfer of staff of Commission to IAA
111. Transfer of land and other property of Commission
113. Liability for loss occurring before dissolution day
114. Provisions consequent upon transfer of functions, assets and liabilities to IAA
116. Final accounts and final annual report of Commission
117. Continuation in force of Commission superannuation schemes or arrangements
European Regulations under which IANS may impose charges
Acts Referred to
Adoptive Leave Acts 1995 and 2005
Air Navigation (Eurocontrol) Acts 1963 to 1983
Air Navigation and Transport (Amendment) Act 1998 (No. 24)
Air Navigation and Transport Act 1946 (No. 23)
Air Navigation and Transport Acts 1936 to 1998
Aviation Regulation Act 2001 (No. 1)
Aviation Regulation Acts 2001 to 2004
Carer’s Leave Act 2001 (No. 19)
Companies Act 2014 (No. 38)
Comptroller and Auditor General (Amendment) Act 1993 (No. 8)
Courts Act 1981 (No. 11)
European Assembly Elections Act 1977 (No. 30)
European Communities Act 1972 (No. 27)
European Communities Act 2007 (No. 18)
Foreshore Act 1933 (No. 12)
Interpretation Act 2005 (No. 23)
Irish Aviation Authority Act 1993 (No. 29)
Local Government Act 2001 (No. 37)
Maternity Protection Acts 1994 and 2004
Minimum Notice and Terms of Employment Acts 1973 to 2005
Organisation of Working Time Act 1997 (No. 20)
Package Holidays and Travel Trade Act 1995 (No. 17)
Parental Leave Acts 1998 and 2019
Paternity Leave and Benefit Act 2016 (No. 11)
Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)
Protection of Employees (Part-Time Work) Act 2001 (No. 45)
Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)
Redundancy Payments Acts 1967 to 2014
Terms of Employment (Information) Acts 1994 to 2014
Unfair Dismissals Acts 1977 to 2015
Number 40 of 2022
AIR NAVIGATION AND TRANSPORT ACT 2022
REVISED
Updated to 20 July 2023
An Act to provide for the formation of a company, to be known as Seirbhís Aerloingseoireachta na hÉireann or, in the English language, the Irish Air Navigation Service, to provide air navigation services in relation to civil aviation, to define its functions and to provide for the conferral on it of certain functions of the Irish Aviation Authority; to provide for combining the aviation regulatory functions of the Irish Aviation Authority with the aviation regulatory functions of the Commission for Aviation Regulation; to make consequential and other amendments to the Irish Aviation Authority Act 1993; to amend the Aviation Regulation Act 2001 to confer powers on such Commission to review the market power of airport authorities and to enforce the European Communities (Dublin Airport Charges) Regulations 2011 (S.I. No. 116 of 2011); to enable the Minister for Transport to review the regulation of airport charges by such Commission; to provide for the dissolution of such Commission; to amend the Air Navigation and Transport (Amendment) Act 1998 to increase the aggregate at any one time of moneys that may be borrowed under section 13 of that Act in the case of daa and any of its subsidiaries; and to provide for related matters.
[7th December, 2022]
Be it enacted by the Oireachtas as follows: