Air Navigation and Transport (Amendment) Act 1998

58.—(1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the vesting day of the functions assigned to the company by or under this Act shall after that day, lie against the company and, subject to subsection (5) not against the Minister, any other State authority or the State.

(2) Any legal proceedings pending immediately before the vesting day to which the Minister, any other State authority or the State is a party, that relate to a function of the company, shall be continued, with the substitution in the proceedings of the company, in so far as they so relate, for any such party.

(3) Where, before the passing of this Act, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates the terms of which have not been implemented, or judgment has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as it is enforceable against the Minister, any other State authority or the State, be enforceable against the company and, subject to subsection (5), not against the Minister, any other State authority or the State.

(4) Any claim made or proper to be made by the Minister, any other State authority or the State in respect of any loss or injury arising from the act or default of any person before the vesting day shall, where the claim relates to functions assigned to the company by this Act, be regarded as made by or proper to be made by the company and may be pursued and sued for by the company as if the loss or injury had been suffered by the company.

(5) This section shall not apply to a claim by one State authority against another.

59 Road for purposes of Road Traffic Acts, 1961 to 1995.

59.—For the avoidance of doubt it is hereby declared that—

(a) the word “road” includes, for the purposes of the provisions of the Road Traffic Acts, 1961 to 1995, or any regulations made thereunder, a road in a State airport, and

(b) a State airport is, for the purposes of any enactment, a public place.

60 Amendment of Customs-free Airport Act, 1947.

60.—The Customs-free Airport Act, 1947, is hereby amended by—

(a) the substitution of the following subsection for subsection (3) of section 2:

“(3) For the purposes of this Act, the airport shall comprise land which for the time being belongs to the State and Aer Rianta, cuideachta phoiblí theoranta.”,

(b) the substitution of the following section for section 3:

“3.—For the purposes of this Act, the airport shall be under the management and control of the Minister.”,

and

(c) the substitution of the following subsection for subsection (1) of section 13 (inserted by section 49 of the Act of 1988):

“(1) The Minister may, with the consent of the Minister for Finance, make regulations for the purposes of this Act for the management and control of the airport:

Provided that the power of the Minister to make regulations under this section shall not extend to the making of regulations permitting the carrying on of any trade, business or manufacture within the airport.”.

61 Amendment of Act of 1993.

61.—The Act of 1993 is hereby amended—

(a) by the insertion in section 6 of the following after the word “Act”:

“, other than an order made by the Minister under section 15 or 58(2),”,

(b) by the substitution in section 12 of the following subsection for subsection (3):

“(3) Section 6(1)(b) of the Companies Act, 1963, shall not apply to the company.”,

and

(c) by the substitution of the following subparagraph for subparagraph (i) of paragraph (b) of section 60:

“(i) for the licensing of aerodromes and the regulation of aeronautical safety standards at aerodromes.”.

62 Acquisition of land by Authority.

62.—The Act of 1993 is hereby amended by the substitution of the following section for section 42:

“42.—(1) The company may acquire by agreement or, in accordance with the Second Schedule to the Air Navigation and Transport (Amendment) Act, 1998 (as applied by this section) compulsorily, any land or any easement or other right over land, or any water right, for the purpose of the performance of the functions conferred on it by this Act.

(2) Notwithstanding the provisions of any other Act, no person shall be entitled to acquire compulsorily any land or any easement or other right in respect of land belonging to the company, or to alienate, terminate, restrict or otherwise interfere with, without the agreement of the company, any right of the company in respect of such land.

(3) The company shall not be entitled to acquire compulsorily under this section any land, easement or other right belonging to the State or a State authority.

(4) The Second Schedule to the Air Navigation and Transport (Amendment) Act, 1998, shall, for the purposes of the acquisition of land by the company under this section, apply with the following modifications:

(a) the reference in subparagraph (1) of paragraph 1 to ‘section 17’ shall be construed as a reference to this section, and

(b) a reference to ‘the company’ shall be construed as a reference to the Irish Aviation Authority.”.

63 Right of entry on land by Authority.

63.—The Act of 1993 is hereby amended by the insertion of the following section:

“42A.—Section 19 of the Air Navigation and Transport (Amendment) Act, 1998, shall, for the purposes of this Act, apply subject to the following modifications:

(a) references to an ‘authorised person’ shall be construed as references to an authorised officer of the company, and

(b) references to ‘the company’ shall be construed as references to the company within the meaning of this Act.”.

64 Detention and sale of aircraft by Authority for unpaid air navigation and aeronautical communications services charges.

64.—The Act of 1993 is hereby amended by the insertion of the following section:

“45A.—Section 40 of the Air Navigation and Transport (Amendment) Act, 1998, shall for the purposes of this Act, apply subject to the following modifications:

(a) references (other than in paragraph (c) of subsection (9) and subsection (10)) to ‘charges imposed by the company under section 39’ or to ‘charges’ shall be construed as references to charges imposed or levied under section 43 or 44, and

(b) references (other than in the said paragraph (c)) to ‘the company’ shall be construed as references to the company within the meaning of this Act.”.

65 Disruptive behaviour on board aircraft in flight.

65.—The Air Navigation and Transport Act, 1973, is hereby amended by the insertion of the following section:

“2A.—(1) A person on board an aircraft in flight who is intoxicated to such extent as to give rise to a reasonable apprehension that he or she is likely to endanger the safety of himself or herself or the safety of others on board the aircraft shall be guilty of an offence.

(2) A person on board an aircraft in flight who, without justification, engages in behaviour that is likely to cause serious offence or annoyance to any person on board the aircraft, at any time after having been requested by a member of the crew of the aircraft to cease such behaviour, shall be guilty of an offence.

(3) A person on board an aircraft in flight who engages in behaviour of a threatening, abusive or insulting nature whether by word or gesture with intent to cause a breach of the peace or being reckless as to whether a breach of the peace might be occasioned shall be guilty of an offence.

(4) A person guilty of an offence under this section shall—

(a) in the case of an offence under subsection (1) or (2), be liable on summary conviction to a fine not exceeding £500, or

(b) in the case of an offence under subsection (3), be liable on summary conviction to a fine not exceeding £700 or to imprisonment for a term not exceeding 4 months, or to both.”.

FIRST SCHEDULE Repeal of Enactments

Section 17.

SECOND SCHEDULE Provisions Relating to Compulsory Acquisition

(2) The company shall publish a notice, in such form as the Minister approves, of the application in one or more newspapers circulating in the area of the property concerned and serve a copy of the notice on every person who appears to the company to have an estate or interest in the property, so far as it is reasonably practicable to ascertain such persons.

(3) The notice referred to in subparagraph (2) shall include a provision notifying persons having an estate or interest in the property concerned that they have the right to lodge with the Minister, within 1 month of the making of the application by the company, an objection to the making of an order under paragraph 2 in relation to the property and shall specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected.

(4) The Minister shall consider and determine any objection to the application of the company lodged with him or her within the period referred to in subparagraph (3) and the Minister may, if he or she thinks fit, appoint an adviser to assist him or her in relation thereto.

(2) The company shall not—

(a) enter on or take possession of any land under this paragraph without giving to the occupier of the land at least 1 month's previous notice in writing of its intention so to do,

(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised at least 1 month's previous notice in writing of its intention so to do.

(2) Where, for any reason, the envelope cannot be so addressed, it may be served on the person for whom it is intended by sending it by registered post in an envelope addressed to “the occupier” without stating his or her name, at the land to which the notice relates.

(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.

(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.

(4) The maps, plans and books of reference shall be deposited at such place or places as the company, with the consent of the Minister, considers suitable and shall remain so deposited for at least 1 month and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays and public holidays.

(2) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to the said price and, subject to paragraphs 7 and 8 to the conveyance to the company of the land or right acquired, and for the purpose of the application of the said provisions the company shall be deemed to be the promoters of the undertaking.

(a) the several interests in the land have not been conveyed or transferred to the company,

(b) it is urgently necessary, in connection with the purposes for which the company has been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

(c) the company has made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his or her interest to enable the company to make a proper offer for such interest,

then the Minister may make an order (hereafter in this Schedule referred to as “a vesting order”) vesting the land in the company.

(2) Where the Minister or the company, before the making of the vesting order, becomes aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty, succession duty or inheritance tax payable to the Revenue Commissioners on the death of any person, the Minister or the company, as the case may be, shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of his or her intention to make the order.

(3) When a vesting order has been made, the company shall within 7 days after having received notification from the Minister of the making of the order—

(a) publish in one or more newspapers circulating in the area of the land to which the order relates a notice stating that the order has been made, describing the said land and naming a place where a copy of the order may be seen at all reasonable times, and

(b) serve on every person appearing to it to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.

(2) Notwithstanding anything in subparagraph (1), where the company has acquired, by a vesting order, land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or the Commissioners of Public Works in Ireland, the company shall become and be liable, as from the date on which the land is vested in it by the vesting order, for the payment to the Irish Land Commission or the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as may be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the company by the owner thereof on that date.

(3) When the Minister makes a vesting order in relation to any land, he or she shall cause the order to be sent to the registering authority under the Registration of Title Act, 1964, and thereupon the registering authority shall cause the company to be registered as owner of the land in accordance with the order.