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


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Air Navigation and Transport Acts 1936 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Air Navigation and Transport Act 2022 (40/2022), s. 1(3)). The Acts in this group are:

Air Navigation and Transport Act 1936 (40/1936)

Air Navigation and Transport (Amendment) Act 1942 (10/1942) (Repealed)

Air Navigation and Transport Act 1946 (23/1946)

Air Navigation and Transport Act 1950 (4/1950)

Air Navigation and Transport Act 1959 (1/1959)

Air Navigation and Transport (No. 2) Act 1959 (29/1959) (Repealed)

Air Navigation and Transport Act 1961 (25/1961) (Repealed)

Civil Liability Act 1961 (41/1961), Part VI

Air Navigation (Eurocontrol) Act 1963 (15/1963), in so far as it amends the Air Navigation and Transport Acts 1936 to 1961 (Repealed)

Air Navigation and Transport Act 1965 (6/1965)

Air Navigation and Transport Act 1973 (29/1973)

Air Navigation and Transport Act 1975 (9/1975)

Air Navigation and Transport (No. 2) Act 1975 (21/1975)

Air Transport Act 1986 (4/1986)

Air Navigation and Transport (Preinspection) Act 1986 (18/1986)

Air Navigation and Transport Act 1988 (15/1988)

Air Navigation and Transport (Amendment) Act 1998 (24/1998)

Air Navigation and Transport Act 2022 (40/2022), other than Parts 7 (ss. 57-84), 10 (ss. 88-105) and Schedules 2, 3 

Aviation Regulation Acts 2001 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Air Navigation and Transport Act 2022 (40/2022), s. 1(4)). The Acts in this group are:

Aviation Regulation Act 2001 (1/2001)

State Airports Act 2004 (32/2004), Part 3

Air Navigation and Transport Act 2022 (40/2022), s. 105

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

None

All Acts up to and including Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Air Navigation and Transport Act 2022 (Commencement) Order 2023 (S.I. No. 220 of 2023)

Air Navigation and Transport Act 2022 (Dissolution Day) Order 2023 (S.I. No. 219 of 2023)

Air Navigation and Transport Act 2022 (Vesting Day) Order 2023 (S.I. No. 218 of 2023)

Air Navigation and Transport Act 2022 (Section 69) (Commencement) Order 2023 (S.I. No. 65 of 2023)

Air Navigation and Transport Act 2022 (Commencement) Order 2022 (S.I. No. 741 of 2022)

All statutory instruments up to and including 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 revision.


Number 40 of 2022


AIR NAVIGATION AND TRANSPORT ACT 2022

REVISED

Updated to 20 July 2023


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citations and construction

2. Interpretation - general

3. Application to state aircraft

4. Regulations, etc.

5. Directions by Minister to IANS

6. Disposal of moneys received by Minister

7. Expenses

8. Repeals

PART 2

Formation and Administration of Irish Air Navigation Service

9. Definition - Part 2

10. Formation of Irish Air Navigation Service

11. Alternative or additional names for IANS

12. Capital formation

13. Form of memorandum of association of IANS, etc.

14. Objects of IANS

15. Conferral of additional functions on IANS

16. General duty of IANS

17. Articles of association

18. Restriction on alteration of memorandum or articles of association

19. Issue of shares, and creation of debt due, to Minister for Public Expenditure and Reform in consideration of transfer of property

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

29. Accounts and audits

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

35. Chief Executive

36. Remuneration, etc., of staff

37. Transfer of staff of IAA to IANS

38. Superannuation

39. Acquisition of land and entry onto land by IANS

PART 3

Fees and Charges of IANS

40. Charges by IANS in respect of air navigation and aeronautical communications services

41. Other charges by IANS

42. Recoupment by Minister of certain costs of IANS

43. Detention and sale of aircraft by IANS for unpaid air navigation and aeronautical communications services charges

PART 4

Provisions in relation to Eurocontrol, International Agreements and Certain Organisations

Chapter 1

Provisions in relation to Eurocontrol

44. Venue for proceedings for recovery of sums due to Eurocontrol

Chapter 2

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

47. Indemnification of staff

PART 5

Miscellaneous

48. Offences

49. Charge of rates on property of IANS

PART 6

Transitional Provisions

50. Continuance of certain instruments

51. Continuance of pending legal proceedings

52. Transfer of land

53. Transfer of other property

54. Transfer of rights and liabilities

55. Transitional financial provisions

56. Liability for loss occurring before vesting day

PART 7

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

66. Accounts and audits

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

71. Other charges by company

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

PART 8

Restructuring of IAA - supplementary provisions

85. Definitions - Part 8

86. Restructuring of IAA

PART 9

Amendment of Air Navigation and Transport (Amendment) Act 1998

87. Amendment of section 13 of Act of 1998

PART 10

Amendment of Aviation Regulation Act 2001, etc.

88. Definition - Part 10

89. Amendment of Act of 2001

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

101. Appeal to High Court

102. Amendment of section 42 of Act of 2001

103. Amendment of section 45A of Act of 2001

104. Directions - Regulations of 2011

105. Repeals and savings

PART 11

Dissolution of Commission for Aviation Regulation

106. Definitions - Part 11

107. Dissolution day

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

112. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by Commission

113. Liability for loss occurring before dissolution day

114. Provisions consequent upon transfer of functions, assets and liabilities to IAA

115. Saving for certain acts

116. Final accounts and final annual report of Commission

117. Continuation in force of Commission superannuation schemes or arrangements

118. Superannuation schemes or arrangements in relation to members of Commission or staff to whom section 117 does not apply

SCHEDULE 1

European Regulations under which IANS may impose charges

SCHEDULE 2

SCHEDULE 3


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: