Air Navigation and Transport Act 2022
Amendment of Act of 1993 - insertion of new sections 74A to 74D
82. The Act of 1993 is amended by the insertion of the following sections after section 74:
“Definitions - sections 74B to 74D
74A. In sections 74B to 74D—
‘enforcement notice’ means a notice under section 74B(2);
‘IAA’ means the company referred to in section 11;
‘IANS’ means the company referred to in section 10 of the Air Navigation and Transport Act 2022;
‘relevant provision’ means a provision of—
(a) this Act (including a European Union Regulation listed in Schedule 2) relating to a function of the IANS, or
(b) another enactment (other than the Aviation Regulation Act 2001) relating to a function of the IANS.
Issue of enforcement notices
74B. (1) Subsection (2) applies where the IAA is of the opinion (in this section referred to as the ‘relevant opinion’) that the IANS—
(a) has failed to comply or fully comply with a relevant provision,
(b) is failing to comply or fully comply with a relevant provision, or
(c) has failed to comply or fully comply with a relevant provision in circumstances that make it likely that the failure will continue or be repeated.
(2) The IAA may give the IANS a notice in writing—
(a) stating the relevant opinion,
(b) specifying the relevant provision as to which the IAA is of that opinion and the reasons why it is of that opinion,
(c) directing the IANS to take such steps as are specified in the notice to remedy the failure concerned or, as the case may be, the matters occasioning it, and
(d) specifying a period (ending not earlier than the period specified in section 74C within which an application under that section against any directions specified in the notice may be made) within which those steps must be taken.
(3) The steps specified in an enforcement notice to remedy any failure or matter to which the notice relates may be framed so as to afford the IANS a choice between different ways of remedying the failure or matter, as the case may be.
(4) Where the IANS makes an application under section 74C(1) against any direction specified in an enforcement notice, the steps specified in the notice need not be taken by the IANS pending the determination, withdrawal or abandonment of the application.
(5) The IAA may cancel an enforcement notice by notice in writing given to the IANS.
(6) Where the IANS fails to take the steps specified in an enforcement notice given to it, the IAA may, on notice to the IANS, apply in a summary manner to the High Court for an order requiring the IANS to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the High Court—
(i) make the order sought,
(ii) make the order sought subject to such variations to those steps as may be specified in the order, or
(iii) make the order sought subject to such other steps for the like purpose as may be specified in the order,
(b) may dismiss the application,
and, whether paragraph (a) or (b) is applicable, may make such order as to costs as it thinks fit in respect of the application.
(7) Without prejudice to the powers of the High Court to enforce an order under subsection (6)(a), if the IANS fails to comply with the order it shall be guilty of an offence and liable on conviction on indictment to a fine not exceeding €150,000.
Application for cancellation of direction specified in enforcement notice
74C. (1) The IANS may, on notice to the IAA, not later than 30 days after being given an enforcement notice, apply to the High Court for the cancellation of any direction specified in the notice and, on such an application, the High Court may—
(a) cancel the direction,
(b) confirm the direction, or
(c) vary the direction,
and, whether paragraph (a), (b) or (c) is applicable, make such order as to costs as it thinks fit in respect of the application.
(2) The decision of the High Court on a direction specified in an enforcement notice shall be final save that, by leave of that Court or the Court of Appeal, an appeal by the IAA or the IANS, as the case may be, from the decision shall lie to the Court of Appeal on a point of law.
Rules of court
74D. Rules of court may make provision for the expedition of the hearing of proceedings under sections 74B and 74C.”.