Air Navigation and Transport (Indemnities) Act 2005
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Minister not obliged to grant or renew indemnity. |
5.—(1) Nothing in this Act shall oblige the Minister to grant or renew a Ministerial indemnity to an air navigation undertaking. | |
(2) The Minister may, at his or her discretion, refuse to grant or to renew a Ministerial indemnity. | ||
(3) The Minister may, at his or her discretion, grant or renew a Ministerial indemnity in respect of part of the liability for which the applicant has sought the grant or renewal of the Ministerial indemnity. | ||
(4) The Minister may, at his or her discretion, grant or renew a Ministerial indemnity in respect of only part of the operations of the air navigation undertaking concerned. | ||
(5) Without prejudice to the generality of subsections (2) to (4), in considering whether to exercise the powers under subsections (2) to (4) the Minister may consider— | ||
(a) whether full payment has been made by the air navigation undertaking concerned in respect of charges due to the Minister under section 9 ; | ||
(b) whether conditions, to which an indemnity previously granted to the air navigation undertaking concerned was subject, have been complied with; | ||
(c) whether, in the opinion of the Minister, the air navigation undertaking concerned will comply with conditions to which the Ministerial indemnity would be subject if granted or renewed; | ||
(d) whether the air navigation undertaking concerned holds all necessary authorisations or licences to operate the business in respect of which the Ministerial indemnity is sought; | ||
(e) the risk associated with the Ministerial indemnity sought and whether such risk is, in the opinion of the Minister, excessive. | ||
(6) Without prejudice to the generality of subsections (2) to (4), where, in relation to an application for the grant or renewal of a Ministerial indemnity, the Minister is of the opinion that— | ||
(a) the air navigation undertaking is a member of a class of undertaking, | ||
(b) the aircraft in respect of which the Ministerial indemnity is sought belongs to a class of aircraft, or | ||
(c) the air navigation undertaking or the aircraft concerned engages in a class of activity, | ||
and, having regard to the risk associated with the Ministerial indemnity applied for or the potential liability of the Minister or the State under this Act, in the opinion of the Minister it would be in the public interest not to grant or renew the Ministerial indemnity, or to grant the Ministerial indemnity limited as to its extent, the Minister may, in relation to such application, refuse to grant or renew the Ministerial indemnity or, without prejudice to section 6 , may grant or renew the Ministerial indemnity incorporating a limitation as to its extent. | ||
(7) No liability shall attach to the Minister or the State in respect of or arising from— | ||
(a) the refusal to grant or renew a Ministerial indemnity, or | ||
(b) any delay or default on the part of the Minister relating to the grant or renewal of a Ministerial indemnity. |