Air Navigation and Transport Act , 1936

shall be advanced out of the Central Fund or the growing produce thereof.

(2) For the purpose of providing money for the sums advanced out of the Central Fund under this section, the Minister for Finance may borrow from any person any sum or sums, and for the purpose of such borrowing the said Minister may create and issue securities bearing such rate of interest, and subject to such conditions as to repayment, redemption or otherwise as he shall think fit.

(3) The principal and interest of any securities issued under this section and the expenses incurred in connection with the issue of such securities shall be charged on the Central Fund or the growing produce thereof.

(4) Any money raised by securities issued under this section shall be placed to the credit of the account of the Exchequer and shall form part of the Central Fund and be available in any manner in which such Fund is available.

(5) Any moneys advanced out of the Central Fund or the growing produce thereof for the purposes mentioned in paragraph (b) of sub-section (1) of this section shall be repaid to the Central Fund (with interest thereon at such rates as the Minister for Finance shall appoint) by the Company in such amounts and at such times as the said Minister shall appoint, and if and so far as any such moneys are not repaid by the Company to the Central Fund, such sums shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

77 Payments of dividends, etc., into the Exchequer.

77.—All dividends, bonus and other moneys received by the Minister for Finance in respect of shares of the company held by him shall be paid into the Exchequer.

78 Alteration of Memorandum and Articles of Association of the Company.

78.—Notwithstanding anything contained in the Companies Acts, 1908 to 1924, no alteration in the Memorandum of Association or Articles of Association of the Company shall, so long as the Minister for Finance holds any shares of the Company, be valid or effectual unless made with the previous approval of the Minister for Finance given after consultation with the Minister.

79 Subsidies.

79.—(1) The Minister for Finance may, subject to the provisions of this section, from time to time by order authorise the payment of subsidies to the company on such terms and conditions as may be specified in such order.

(2) Every order made under this section shall be laid before Dáil Eireann as soon as may be after it is made, but shall not come into force unless—

(a) such order is confirmed by resolution of Dáil Eireann, or

(b) a period of twenty-one days on which Dáil Eireann has sat after such order was so laid before it has elapsed and a resolution annulling such order has not been passed by Dáil Eireann within the said period.

(3) The aggregate amount which may be authorised to be paid to the Company by any orders made under this section shall not exceed five hundred thousand pounds, and no such order may be made after the expiration of five years from the date of the passing of this Act.

(4) Where an order made under this section has come into force any moneys required for payment of the subsidy specified in such order shall be paid out of moneys provided by the Oireachtas.

80 Loan by the Company to Aer Lingus, Teoranta.

80.—(1) As soon as may be after the registration of the Company, the Company may, with the consent of the Minister for Finance, lend to Aer Lingus, Teoranta, such sum as the Minister for Finance shall certify to be sufficient to discharge any liabilities which Aer Lingus, Teoranta, may have incurred and are then unsatisfied.

(2) The following provisions shall have effect in relation to the repayment of any sum lent by the Company to Aer Lingus, Teoranta, under this section, that is to say:—

(a) such sum shall be so repaid in such one of the following ways as the Minister for Finance may direct, that is to say:—

(i) by the issue of debentures of an amount equal to such sum,

(ii) by the issue of shares of a nominal amount equal to such sum,

(iii) as to part of such sum, by the issue of debentures of an amount equal to such part and, as to the remainder of such sum, by the issue of shares of a nominal amount equal to such remainder;

(b) where any debentures are so issuable such debentures shall carry such rate of interest as the said Minister shall direct, and

(c) where any shares are so issuable such shares or any part thereof may as the said Minister directs be shares having priority over ordinary shares and in such case shall carry such rate of dividend as the said Minister shall direct.

81 Obligation to furnish balance sheets etc., to the Minister for Finance.

81.—(1) Each company to which this section applies shall within ninety days after the end of every accounting year furnish to the Minister for Finance a balance sheet for such accounting year duly audited by the auditor of such company, and also a profit and loss account for the same accounting year similarly audited.

(2) The balance sheet and profit and loss account to be furnished by each company to which this section applies shall be drawn up in such manner as shall be prescribed by regulations made under this section, and such balance sheet shall contain (in addition to any matter required by such regulations) a summary of the capital, assets and liabilities of such company, together with such particulars as will disclose the nature of such assets and liabilities and the manner in which the value of the assets was arrived at.

(3) Each company to which this section applies shall on demand furnish to the Minister for Finance such explanations as the said Minister shall think proper to require in respect of any balance sheet or profit and loss account furnished pursuant to this section.

(4) A copy of every balance sheet and profit and loss account furnished to the Minister for Finance pursuant to this section shall be laid by him before Dáil Eireann within one month after such balance sheet and profit and loss account are so furnished to him.

(5) Each company to which this section applies shall whenever and so often as the Minister for Finance may require furnish to the said Minister such particulars as he may require in respect of the activities of such company.

(6) The Company shall whenever and so often as the Minister for Finance may require, furnish to the said Minister such particulars (being particulars within the power, possession or procurement of the Company) as he may require in relation to any undertaking (other than Aer Lingus, Teoranta, or a subsidiary company) in which it may hold an interest.

(7) If the Company, or Aer Lingus, Teoranta, or any subsidiary company makes default in complying with the obligations imposed on it by this section, the Company, or Aer Lingus, Teoranta, or such subsidiary company (as the case may be), and every director, manager or other officer thereof who knowingly and wilfully authorised or permitted such default, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for every day during which the default continues.

(8) The Minister for Finance may by order make regulations prescribing any matter referred to in this section as prescribed by regulations made under this section.

(9) This section applies to—

(a) the Company;

(b) Aer Lingus, Teoranta;

(c) every subsidiary company.

(10) An offence under this or the next following section may be prosecuted by or at the suit of the Minister for Finance as prosecutor.

82 Inspection of books and documents of the Company, Aer Lingus, Teoranta, and subsidiary companies.

82.—(1) An inspector shall be entitled to enter the premises of any company to which this section applies and inspect any books or documents in such premises.

(2) If any person—

(a) impedes or obstructs an inspector in the exercise of any of the powers conferred on an inspector by this section; or

(b) fails to produce any such books or documents as aforesaid; such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(3) In this section the word “inspector” means a person authorised in writing by the Minister for Finance to exercise the powers conferred on an inspector by this section.

(4) This section applies to—

(a) the Company;

(b) Aer Lingus, Teoranta;

(c) every subsidiary company.

83 Non-application of Control of Manufactures Acts, 1932 and 1934.

83.—The Control of Manufactures Acts, 1932 and 1934, shall not apply in respect of any act or thing done by the Company, Aer Lingus, Teoranta, or any subsidiary company.

PART IX. Restriction on Services for Internal Carriage by Air of Passengers and Goods.

84 Restriction on carriage by air of passengers and goods between places within Saorstát Eireann.

84.—(1) It shall not be lawful for any person to carry on an internal air service unless—

(a) such person is the Company, or Aer Lingus, Teoranta, or a, subsidiary company, or

(b) such person is granted by the Minister under this section permission to carry on such service, and such service is carried on under and in accordance with such permission.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and in the case of a continuing offence a further fine not exceeding ten pounds for each day during which the offence is continued.

(3) The Minister may, if he thinks fit, grant to a person who is for the time being authorised to establish an international service permission in writing to carry on an internal air service, subject to a condition that such internal service shall be carried on only by means of aircraft operating such international service and such other conditions as the Minister thinks proper.

(4) In this section the expression “internal air service” means a service by air for the public carriage of passengers, and goods or any of them originating at and destined for places within Saorstát Eireann.

PART X. Control and Regulation of Certain Classes of Aviation Business.

85 Definitions for purposes of Part X.

85.—(1) In this Part of this Act—

the expression “aviation (private hire) business” means the business of hiring out for reward aircraft, for the purpose of the carriage of passengers or goods, under a contract whereby the aircraft is chartered as a whole for a particular journey or journeys, as specified in the journey log book of such aircraft, irrespective of the number of passengers or the quantity of goods to be carried;

the expression “aviation (pleasure flights) business” means the business of giving for reward pleasure flights in aircraft beginning and ending, without landing in the course of the flight, at the same aerodrome;

the expression “aviation (instruction) business” means the business of giving for reward instruction in aviation.

(2) For the purposes of this Act an aviation (private hire) business, an aviation (pleasure flights) business, and an aviation (instruction) business shall each constitute a separate class of aviation business.

86 The appointed day for the purposes of Part X.

86.—(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Part of this Act.

(2) In this Part of this Act the expression “the appointed day” means the day appointed by the Minister under this section to be the appointed day for the purposes of this Part of this Act.

87 Prohibition of carrying on aviation business of a class to which Part X applies by unlicensed persons.

87.—(1) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (private hire) business carried on by him, to carry by any aircraft in Saorstát Eireann any passenger or goods, unless—

(a) such person is the holder of a licence (in this Part of this Act referred to as an aviation business licence) granted under this Part of this Act, authorising him to carry on such business, or

(b) such aircraft—

(i) started its journey from a place outside Saorstát Eireann, and

(ii) was privately chartered as a whole, and

(iii) does not, while in Saorstát Eireann, carry for reward any passengers, other than some or all of the passengers it carried on its first landing in Saorstát Eireann.

(2) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (pleasure flights) business carried on by him, to carry by air in Saorstát Eireann any passenger unless such person is the holder of a licence (in this Part of this Act also referred to as an aviation business licence) granted under this Part of this Act authorising him to carry on such business.

(3) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (instruction) business carried on by him, to carry by air in Saorstát Eireann any other person, unless such first-mentioned person is the holder of a licence (in this Part of this Act also referred to as an aviation business licence) granted under this Part of this Act authorising him to carry on such business.

(4) Every person who acts in contravention of this section shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds, and in the case of a continuing offence, a further fine not exceeding ten pounds for every day during which the offence is continued.

(5) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days or during the whole of a specified period a specified person was not the holder of an aviation business licence in respect of a specified class of aviation business shall, without proof of the signature of the person purporting to sign such certificate or that he was an officer of the Minister, be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by such certificate.

88 Application for aviation business licences.

88.—(1) Any person may apply to the Minister for an aviation business licence authorising him to carry on a specified class of aviation business.

(2) Every application for an aviation business licence shall be in the prescribed form and contain the prescribed particulars.

89 Grant of aviation business licence.

89.—Whenever any person applies to the Minister under and in accordance with the immediately preceding section for an aviation business licence in respect of a particular class of aviation business the following provisions shall have effect, that is to say:—

(a) in case such person satisfies the Minister that he was on the 1st day of January, 1936, carrying on in Saorstát Eireann a business of a class similar to that in respect of which such application relates, the Minister shall grant such licence to such person, and

(b) in every other case, the Minister may, in his absolute discretion either grant or refuse to grant such licence.

90 Operation of aviation business licence.

90.—Every aviation business licence in respect of a particular class of aviation business shall be expressed and operate to authorise the person who is for the time being the licensee under such licence to carry on the aviation business of that class, but subject to the provisions of this Act and any orders or regulations made thereunder, and to the conditions (if any) attached to such licence.

91 Attachment of conditions to aviation business licence.

91.—(1) Whenever the Minister grants an aviation business licence, he may attach to such licence any conditions that he may think proper, and in particular, and without prejudice to the generality of the foregoing power, conditions as to all or any of the following matters, that is to say:—

(a) the limitation of the area in relation to which the class of business to which such licence relates is to be carried on,

(b) wages and conditions of employment of the employees of such business, and

(c) the employment of citizens of Saorstát Eireann and the use of Saorstát Eireann manufactures in connection with such business.

(2) Whenever the Minister attaches any conditions to an aviation business licence he shall specify such conditions in such licence.

92 Amendment of conditions of aviation business licence.

92.—(1) The Minister may, if he so thinks fit, on the application of the holder of an aviation business licence, amend (whether by addition, omission or variation) the conditions attached to such licence.

(2) The Minister may on his own motion amend (whether by addition, omission or variation) in such manner as he thinks fit the conditions attached to an aviation business licence.

(3) Whenever the Minister proposes to amend, in exercise of the power conferred on him by the immediately preceding sub-section, the conditions attached to an aviation business licence, he shall cause a notice to be served by post on the licensee under such licence specifying the amended conditions which are to attach to such licence and upon service of such notice the said amended conditions shall attach to such licence.

93 Breach of conditions attached to aviation business licence.

93.—If any person who is the licensee under an aviation business licence fails, neglects, or refuses to observe or comply with any of the conditions attached to such licence, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and in the case of a continuing offence a further fine not exceeding five pounds for every day during which the offence is continued.

94 Commencement and duration of aviation business licence.

94.—(1) Every aviation business licence shall specify the date on which it commences and every such licence shall commence on the date so specified.

(2) Every aviation business licence shall (unless it previously lapses or is revoked under this Part of this Act) continue in force for a period of twelve months from the date on which it commenced and shall then expire unless it is renewed under this Part of this Act.

95 Application for renewal of aviation business licence.

95.—(1) Every person who is the licensee under an aviation business licence which is in force (whether by virtue of the original grant or of a renewal of such licence) may, within the prescribed time and while such licence continues so in force, apply to the Minister for a renewal of such licence.

(2) Every application for the renewal of an aviation business licence shall be made in the prescribed form and shall contain the prescribed particulars.

96 Grant of renewal of aviation business licence.

96.—(1) The Minister may refuse an application for a renewal of an aviation business licence on one or more of the following grounds, but on no other ground, that is to say:—

(a) on the ground that in his opinion there was, during the currency of the licence or of the last renewal thereof, a breach of or a failure to observe or comply with one or more of the conditions attached to such licence;

(b) on the ground that in his opinion there was, during such currency, a breach of or a failure to observe or comply with the provisions of this Act or of any orders or regulations made thereunder;

(c) on the ground that the licensee under such licence has, during such currency, been convicted of an offence (whether under this or any other Act) in relation to the aviation business to which such licence relates or to the aircraft used therein.

(2) Whenever the Minister grants a renewal of an aviation business licence, the Minister may amend (whether by addition, omission or variation) in such manner as he thinks proper the conditions attached to such licence.

97 Duration of renewal of aviation business licence.

97.—Every renewal of an aviation business licence shall commence immediately upon the expiration of the licence or of the renewal of the licence (as the case may be) of which it is a renewal and shall (unless it previously lapses or is revoked under this Act) continue in force for a period of twelve months from the date on which it commenced.

98 Revocation of aviation business licence.

98.—(1) The Minister may at any time revoke an aviation business licence upon the application of the licensee thereunder.

(2) The Minister may at any time on his own motion and at his absolute discretion revoke or suspend for such time as he shall think proper an aviation business licence on any ground on which he is authorised by this Part of this Act to refuse an application for the renewal of such licence.

(3) The Minister may at any time on his own motion and at his absolute discretion revoke an aviation business licence if he is satisfied that such licence was obtained by fraud or misrepresentation.

99 Transfer of aviation business licence.

99.—(1) An aviation business licence shall not be transferable by the licensee thereunder or by operation of law to any other person.

(2) Whenever the ownership of an aviation business has been transferred, whether by act of the parties or operation of law, from the licensee under the aviation business licence relating to such business to another person, the Minister, if he so thinks proper, may, on the application of such person, transfer such licence to such person.

(3) Every application for the transfer of an aviation business licence under this section shall be made in the prescribed form and contain the prescribed particulars.

(4) Where an aviation business licence is transferred under this section such licence shall be deemed to have been transferred as on the date on which the business to which such licence relates was transferred.

100 Death of licensee under aviation business licence.

100.—Whenever the licensee under an aviation business licence dies, the following provisions shall have effect, that is to say:—

(a) the aviation business to which such licence relates may be carried on under such licence until the happening of whichever of the following events first happens, that is to say, the grant of probate of the will or letters of administration of the personal estate of the licensee, or the expiration of such licence, or the expiration of three months from the death of such licensee;

(b) the said aviation business may, while such licence is in force, be carried on by the personal representative of such licensee until the expiration of six months from the death of such licensee or the expiration of such licence, whichever first happens;

(c) the personal representative of such licensee may apply to the Minister for a renewal or a transfer (as the circumstances may require) of such licence to himself and upon such application being made the following provisions shall have effect, that is to say:—

(i) if such application is for a renewal, the Minister may refuse such application but only on a ground upon which he would be authorised by this Act to refuse the application if such licensee had survived and had himself made the application;

(ii) if such application is for a transfer, the Minister shall grant such application.

101 Furnishing of information and verification by applicants for grant, renewal and transfer of aviation business licences.

101.—(1) Every person who applies under this Part of this Act for a grant, renewal or transfer of an aviation business licence shall, when required by the Minister so to do, furnish to the Minister all such information as the Minister may require for the consideration of such application.

(2) The Minister may require any statement of fact made in an application for the grant, renewal or transfer of an aviation business licence or made to the Minister in response to a request for information under the next preceding sub-section to be verified by the statutory declaration of some person having personal knowledge of the fact so stated.

(3) If any person fails to furnish any information or any verification which he is required by the Minister under this section to furnish, the Minister may, on the ground of such failure and without prejudice to any other power of refusal conferred on him by this Part of this Act, refuse the application in relation to which such information or verification is so required.

102 Fees on grant, etc., of aviation business licence.

102.—(1) There shall be paid to the Minister on every application under this Part of this Act for the grant, renewal, or transfer of an aviation business licence a fee of such amount as may be from time to time fixed by the Minister, with the consent of the Minister for Finance, and the payment of such fee (which shall be retained whether the application is or is not granted) shall be a condition precedent to the consideration of such application.

(2) Different fees may be fixed in respect of grants, renewals and transfers respectively of aviation business licences and in respect of aviation business licences authorising the carrying on of different classes of aviation businesses.

103 Accounts and returns by licensees under aviation business licences.

103.—(1) The Minister may, by regulation made by him under this Act, prescribe the accounts to be kept by every person carrying on an aviation business under an aviation business licence and also the statements of accounts, returns of traffic, and other returns to be furnished periodically by every such person to the Minister and the times and occasions at which such returns are to be so furnished.

(2) The Minister may, by the conditions attached to an aviation business licence, require the licensee under such licence to keep accounts or make returns differing (whether by addition, omission, or variation) from the accounts or returns prescribed by regulations made under this Part of this Act, and where any such condition is attached to an aviation business licence, the said regulations shall have effect in respect of the licensee under such licence subject to such condition.

(3) The Minister may publish, as and when he thinks proper, all or any returns made to him under this section and also statistics compiled by him from such returns.

(4) Every person who shall fail to keep the accounts or make the returns which he is required by regulations made under this Act or by a condition attached to an aviation business licence to keep or make shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence continues.

FIRST SCHEDULE. International Convention for the Unification of Certain Rules Relating to International Carriage by Air.

SECOND SCHEDULE. Conditions to which the Company is to Conform.

(a) that the registered office of the Company shall be situate in Dublin;

(b) that the principal objects of the Company shall include—

(i) the establishment, maintenance and working of lines of aerial conveyances between places in Saorstát Eireann and between Saorstát Eireann and other countries either directly or by means of Aer Lingus Teoranta and other air transport undertakings in which the Company has a controlling interest;

(ii) the acquisition and holding of shares in Aer Lingus Teoranta;

(iii) the promotion of and the holding of shares in such other air transport undertakings;

(iv) the holding of shares in and making of working arrangements with air transport undertakings, other than those mentioned in the immediately preceding clause;

(v) the giving, with the consent of the Minister for Finance, of financial or other assistance to such air transport undertakings;

(c) that the liability of the members of the Company shall be limited;

(d) that the share capital of the Company shall be divided into shares of one pound each, and that the Company shall, with the consent of the Minister for Finance, have power to divide the shares in the capital of the Company into several classes and to attach thereto respectively any preferential, deferred, qualified or special rights, privileges or conditions.

(a) that the number of directors of the Company shall be five;

(b) that so long as the Minister for Finance holds not less than one-tenth (in nominal value) of the issued shares of the Company or so long as any debentures of the Company guaranteed by the said Minister under this Act are outstanding, three of the Directors of the Company shall be nominated by the said Minister after consultation with the Minister for Industry and Commerce;

(c) that the Company shall for the purposes of the Company have power to raise money by means of debentures, subject however as follows:—

(i) the amount so raised shall not exceed at any time the paid up share capital of the company,

(ii) the said power shall not, so long as the Minister for Finance holds not less than one-tenth of the share capital of the Company or so long as any debentures of the Company guaranteed by the said Minister under this Act are outstanding, be exercised without the consent of the said Minister;

(d) that so long as the Minister for Finance holds any shares of the Company, no person shall be capable of being appointed auditor of the Company unless the approval of the said Minister to the nomination of such person to the office of auditor has been given.