Irish Aviation Authority Act, 1993

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Objects of company.

14.—(1) The principal objects of the company shall be stated in its memorandum of association to be—

(a) to give effect to the Annexes to the Chicago Convention specified in the Schedule except in so far as they relate to the making of agreements between the State and other states,

(b) to ensure that Irish airspace and other airspace in relation to which air navigation services are provided by the company are used in a safe and efficient manner and to facilitate their use,

(c) subject to section 68 , to provide, operate and manage, or arrange for the provision, operation and management of, air navigation services in Irish and other airspace,

(d) to such extent as the company considers appropriate, to operate and manage terminal services at State aerodromes and licensed aerodromes and to regulate the provision, operation and management of terminal services at State aerodromes and at licensed aerodromes,

(e) to provide, operate and manage aeronautical communications services in accordance with the agreement set out in the Exchange of Notes between the Government of Ireland and the Government of the United Kingdom relating to the Oceanic Control Centres at Shannon and Prestwick which entered into force on the 1st day of April, 1966, and any agreement, whether made before or after the commencement of this section, amending or replacing that agreement and to provide, operate and manage other aeronautical communications services,

(f) to impose charges for the use of services provided by the company,

(g) to arrange for the medical examination of applicants for and holders of certificates or licences issued by the company,

(h) to regulate for the purposes of paragraph (a) the following:

(i) the registration, airworthiness, operation and maintenance of aircraft, and

(ii) the competence of persons engaged in or associated with—

(I) the design, manufacture, maintenance, repair andmodification of aircraft and parts and materials for aircraft,

(II) the operation of aircraft,

(III) the operation and maintenance of air navigation services in Irish and other airspace and the maintenance of air navigation systems,

(IV) the operation of aeronautical communications services and the maintenance of aeronautical communications systems, and

(V) the operation and management of, and the provision of services at, aerodromes,

(i) to advise, on its own initiative or at the request of the Minister, the Government, the Minister or another Minister of the Government or any other person in relation to any matter to which a function of the company relates,

(j) to take such measures as it considers necessary or expedient to give effect to the purposes of—

(i) the Eurocontrol Convention and the Statute of the Agency referred to therein as amended whether before or after the passing of this Act, and

(ii) the Arrangements, and

(iii) international agreements or conventions to which the State is a party,

in so far as those purposes relate to matters to which functions of the company relate,

(k) to attend (by its directors or staff) and, unless the Minister otherwise directs, to represent (by its directors or staff) the State, whether alone or with others, at meetings with, or arranged or organised by, international organisations or governments of other states in so far as the meetings relate to matters to which functions of the company relate,

(l) to undertake research and development respecting the environment, and branches of science, in so far as the research and development relates to matters to which functions of the company relate, on its own behalf or on behalf of others,

(m) to undertake, or participate with others, including governments of other states, in, activities which are related to matters to which its functions relate, are consistent with its other objects and will, in the opinion of the company, enhance its effectiveness and profitability,

(n) to provide, in relation to matters to which its functions relate, such consultancy, advisory and training services in and outside the State as the company thinks fit, and

(o) to utilise, manage and develop the resources available to it in a manner consistent with the objects aforesaid.

(2) Nothing in this section shall prevent or restrict the inclusion among the objects of the company, as stated in its memorandum of association, of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act or with the active promotion of aviation safety and the orderly development of civil aviation.

(3) The company shall have power to do anything (including making regulations) that appears to it to be necessary, expedient, or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in, or in an order under, this Act or in its memorandum of association and is not inconsistent with any law for the time being in force.

(4) The Minister may, for the purpose of giving full effect to the conferral of functions by or under this Act on the company, by order adapt any enactment with the consent of any other Minister of the Government responsible for the administration of that enactment.

(5) Any function conferred on the company by or under this Act and which, immediately before the commencement of this section, was a function of the Minister shall, upon such commencement, cease to be a function of the Minister.

(6) In this section “the Arrangements” means the Arrangements concerning the development, the acceptance and the implementation of joint aviation requirements of the Joint Aviation Authorities of Europe (J.A.A.) (being the associated body of the European Civil Aviation Conference which is referred to by that title in the Arrangements) concluded in Cyprus on the 11th day of September, 1990.