State Airports Act 2004
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SCHEDULE Amendment of Act of 1998 | ||
Section 6 (4). | ||
The Act of 1998 is amended as follows: | ||
1. In section 2(1) (Interpretation)— | ||
(a) by substituting for the definition of— | ||
(i) “the company” the following: | ||
“‘company’ means— | ||
(a) from the Dublin appointed day, Dublin Airport Authority, public limited company, | ||
(b) from the Cork appointed day, Cork Airport Authority, public limited company, and | ||
(c) from the Shannon appointed day, Shannon Airport Authority, public limited company, | ||
or | ||
as the case may be, any of them;”, | ||
(ii) “the Minister” the following: | ||
“‘Minister’ means the Minister for Transport;”, and | ||
(iii) “State airport” the following: | ||
“‘State airport’ means an airport in the State, managed and controlled by Aer Rianta or, from the relevant appointed day a company”, | ||
and, accordingly, the Act of 1998 shall have effect (unless the context otherwise requires or otherwise is amended by the Schedule) as if each reference in it to the company were a reference to a company from the relevant appointed day, | ||
and | ||
(b) in the definition of “prescribed”, by substituting “regulations made by the Minister” for “regulations”. | ||
2. In section 8— | ||
(a) by substituting for subsection (1) the following: | ||
“(1) Proceedings for an offence may be brought and prosecuted summarily by— | ||
(a) where the offence relates to Dublin Airport, Dublin Airport Authority, | ||
(b) where the offence relates to Cork Airport, before the Cork appointed day, Dublin Airport Authority, and from that day, Cork Airport Authority, or | ||
(c) where the offence relates to Shannon Airport, before the Shannon appointed day, Dublin Airport Authority, and from that day Shannon Airport Authority.”, | ||
and | ||
(b) in subsection (4), by substituting “the company concerned” for “the company”. | ||
3. In section 9 (share capital of company)— | ||
(a) in subsection (1), by substituting— | ||
(i) “Dublin Airport Authority” for “the company”, and | ||
(ii) “€1” for “£1”, | ||
and | ||
(b) by inserting after subsection (2) the following: | ||
“(3) Dublin Airport Authority may, from time to time, issue to the Minister for Finance such number of shares as may be agreed upon by the Minister and the Minister for Finance.”. | ||
4. In section 10 (issue of shares by company to Minister for Finance) by substituting for subsections (1) and (2) the following: | ||
“(2) Cork Airport Authority shall, as soon as may be after the Cork appointed day, and Shannon Airport Authority shall, as soon as may be, after the Shannon appointed day, issue to the Minister for Finance, without payment by him or her, such number of shares in the share capital of the company as shall be determined by the Minister on that day.”. | ||
5. In section 11 (obligation of certain shareholders to hold shares in trust) by inserting “or to whom shares may have been issued on the formation of a company” after “section 10(4)”. | ||
6. In section 13 (borrowing by company and subsidiaries)— | ||
(a) by substituting for subsection (5) the following: | ||
“(5) The aggregate at any one time of moneys borrowed under this section shall not exceed— | ||
(a) in the case of Dublin Airport Authority and any of its subsidiaries, from the Dublin appointed day, €700 million, | ||
(b) in the case of Cork Airport Authority and any of its subsidiaries, from the Cork appointed day, €100 million, and | ||
(c) in the case of Shannon Airport Authority and any of its subsidiaries, from the Shannon appointed day, €20 million.”, | ||
(b) by inserting after subsection (6) the following: | ||
“(7) Subject to any guarantees in existence immediately before the Dublin appointed day, the repayment by a company or a subsidiary of a company of any money borrowed under this section by the company or subsidiary shall not be guaranteed by the Minister or the Minister for Finance.”. | ||
7. In section 18(a), by substituting “vested in, or controlled or managed by” for “belonging to”. | ||
8. In section 21(1) and (2), by substituting “ section 8 of the State Airports Act 2004” for “section 16”. | ||
9. In section 22 (memorandum and articles of association)— | ||
(a) in subsection (1), by substituting “Dublin Airport Authority, public limited company” for “The Company”, | ||
(b) in subsection (3)(a), by substituting “13” for “9”, | ||
(c) in subsection (3)(d), by substituting “4” for “three”, and | ||
(d) by deleting subsection (5). | ||
10. In section 23(1), by inserting after paragraph (d) the following: | ||
“(dd) to acquire or take a transfer of or otherwise deal with any property, to construct and maintain buildings and all other works of any description whatsoever either upon lands acquired by or transferred to the company or upon other lands and to hold, retain as investments or to sell, dispose of, let, alienate, mortgage, charge or deal with all or any of the same on such terms as the company thinks fit and generally to alter, develop and improve the lands, and other property of the company,”. | ||
11. In section 26(1)— | ||
(a) by deleting “by section 14”, and | ||
(b) by substituting “ section 8 of the State Airports Act 2004” for “section 16”. | ||
12. In section 27, by deleting subsection (5). | ||
13. In section 28(1)— | ||
(a) by substituting for section 28(1) the following: | ||
“(1) Notwithstanding anything contained in the Companies Acts, the chairperson (subject to subsection (2)) and the directors of the board of any subsidiary of a company shall be appointed, and may be removed from office, by the board of directors of the relevant company with the prior written consent of the Minister.”, | ||
and | ||
(b) by deleting subsection (3). | ||
14. Section 29 (chief executive) by substituting for section 29 the following section: | ||
“29.—(1) There shall be a chief executive officer of each company (‘Chief Executive’). | ||
(2) A Chief Executive shall be appointed by and may be removed from office by the directors of the company of which he or she is the Chief Executive. | ||
(3) A Chief Executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the directors of the company of which he or she is the Chief Executive with the consent of the Minister given with the approval of the Minister for Finance. | ||
(4) A Chief Executive shall be ex officio a director of the company of which he or she is the Chief Executive, but shall not be taken into account for the purpose of fixing, under section 23 (2) of the Worker Participation (State Enterprises) Act 1977 , the appropriate number of directors who may for the time being stand appointed under that Act.”. | ||
15. In section 31 (chairperson's report) by substituting for subsection (1) the following: | ||
“(1) The chairperson of a company shall, immediately after an audit referred to in section 30(2), make a report in writing to the Minister of his or her company's activities and those of any subsidiary during that year.”. | ||
16. In section 32 (superannuation schemes)— | ||
(a) in subsection (1)— | ||
(i) by substituting “A company (either together or separately)” for “The company”, and | ||
(ii) by substituting “(including its Chief Executive)” for “(including the Chief Executive)”, | ||
(b) in subsection (7), by substituting for paragraph (a) the following: | ||
“(a) in accordance with a scheme under this section or an existing scheme with (save in the case of Dublin Airport Authority) the approval in paragraph (b), or”, | ||
and | ||
(c) by inserting after subsection (17) the following: | ||
“(18) Notwithstanding this section, a person who is receiving superannuation benefits under another scheme at the commencement of a scheme under this section prepared by the company of whose staff he or she is a member may notify the company within such period as the company may specify that he or she does not wish to become a member of the scheme. In such an event the person remains a member of the other scheme.”. | ||
17. In section 39 (airport charges) by substituting for subsection (1) the following: | ||
“(1) Subject to section 32 of the Aviation Regulation Act 2001 , a company may require the payment to it of airport charges, in respect of the use of a State airport which it manages, operates and controls, at such rates as it may, from time to time determine.”. | ||
18. In section 41(1) (abandoned aircraft), by substituting “the company which manages, operates and controls the airport” for “the company”. | ||
19. In section 48 (authorised officers)— | ||
(a) by substituting for subsection (1) the following: | ||
“(1) For the purposes of this Act— | ||
(a) Dublin Airport Authority, in relation to Dublin Airport, | ||
(b) Dublin Airport Authority, before the Cork appointed day and from that day, Cork Airport Authority, in relation to Cork Airport, and | ||
(c) Dublin Airport Authority, before the Shannon appointed day and from that day, Shannon Airport Authority, in relation to Shannon Airport, | ||
may appoint such persons or classes of persons as it considers appropriate to be authorised officers.”, and | ||
(b) in subsection (3) by substituting “the company concerned” for “the company”. | ||
20. In section 51 (authorised persons)— | ||
(a) by substituting for subsection (1) the following: | ||
“(1) For the purposes of this Act— | ||
(a) Dublin Airport Authority, in relation to Dublin Airport, | ||
(b) Dublin Airport Authority, before the Cork appointed day and from that day, Cork Airport Authority, in relation to Cork Airport, and | ||
(c) Dublin Airport Authority, before the Shannon appointed day and from that day, Shannon Airport Authority, in relation to Shannon Airport, | ||
may appoint such and so many of its officers and employees as it considers appropriate to be authorised persons for the purposes of this Act.”, and | ||
(b) in subsection (2) by substituting “the company concerned” for “the company”. |