State Airports (Shannon Group) Act 2014

• Permanent Page URL

Consequential amendments relating to preceding sections

33. (1) The Act of 2004 is amended—

(a) in section 4—

(i) in the definition of “company” by substituting “daa” for “Dublin Airport Authority”,

(ii) by substituting for the definition of “Dublin Airport Authority” the following:

“ ‘daa’ means daa, public limited company;”,

(iii) by substituting for the definition of “Shannon Airport Authority” the following:

“ ‘Shannon Airport Authority’ has the meaning assigned to it in section 2 of the State Airports (Shannon Group) Act 2014;”,

and

(iv) by substituting for the definition of “State Airport” the following:

“ ‘State Airport’ means an airport in the State, managed and controlled by a company;”,

(b) in section 6, by substituting for subsection (5) the following:

“(5) A reference in any other enactment or instrument made under an enactment to Aer Rianta is to be read as a reference to—

(a) daa,

(b) Shannon Airport Authority, and

(c) from the Cork appointed day, Cork Airport Authority,

or any of them, as the case may be.”,

(c) in section 8—

(i) by deleting subsections (1) to (4), and

(ii) by substituting for subsection (5) the following:

“(5) daa shall have vested in it, manage, operate and develop Dublin Airport and, until the Cork appointed day, Cork Airport.”,

(d) in section 9—

(i) by substituting for subsections (1) and (2) the following:

“(1) The memorandum and articles of association of daa and, from its appointed day, Cork Airport Authority, shall be in such form consistent with the Airports and Aviation Acts 1936 to 2014 as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform.

(2) The articles of association of daa and from its appointed day, Cork Airport Authority, shall be consistent with section 22(3) of the Act of 1998.”,

and

(ii) in subsection (9), by deleting “and Shannon Airport Authority”,

and

(e) in section 14, by inserting after subsection (6) the following:

“(7) In this section ‘company’ means daa or Cork Airport Authority, as the case may be.”

(2) The Act of 2001 is amended—

(a) in section 32(2) (inserted by section 22(1) (a) of the Act of 2004) by substituting “daa” for “Dublin Airport Authority”, and

(b) in section 33 (inserted by section 22(4) of the Act of 2004) by substituting “daa” for “Dublin Airport Authority” in each place it occurs.

(3) The Act of 1998 (as amended by the Schedule to the Act of 2004) is amended—

(a) in section 2(1), by substituting for the definition of “company” the following:

“ ‘company’ means—

(a) in Part II, in sections 22, 27 to 31 and 33 to 35 of Part IV—

(i) daa, public limited company, and

(ii) daa, public limited company, and from the Cork appointed day, Cork Airport Authority, public limited company,

and

(b) in any other provision—

(i) daa, public limited company,

(ii) Shannon Airport Authority (within the meaning of section 2 of the State Airports (Shannon Group) Act 2014), and

(iii) from the Cork appointed day, Cork Airport Authority, public limited company;”,

(b) in section 8, 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, daa,

(b) where the offence relates to Shannon Airport, Shannon Airport Authority, or

(c) where the offence relates to Cork Airport, before the Cork appointed day, daa, and from that day, Cork Airport Authority.”,

(c) in section 9, by substituting “daa” for “Dublin Airport Authority” in each place it occurs,

(d) in section 13, 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 daa and any of its subsidiaries, from the Dublin appointed day, €1.8 billion, and

(b) in the case of Cork Airport Authority and any of its subsidiaries, from the Cork appointed day, €100 million,”,

(e) in section 22(1), by substituting “daa, public limited company” for “Dublin Airport Authority, public limited company”,

(f) in section 48, by substituting for subsection (1), the following:

“(1) For the purposes of this Act—

(a) daa, in relation to Dublin Airport,

(b) Shannon Airport Authority, in relation to Shannon Airport, and

(c) daa, before the Cork appointed day and from that day, Cork Airport Authority, in relation to Cork Airport,

may appoint such persons or classes of persons as it considers appropriate to be authorised officers.”,

and

(g) in section 51, by substituting for subsection (1) the following:

“(1) For the purposes of this Act—

(a) daa, in relation to Dublin Airport,

(b) Shannon Airport Authority, in relation to Shannon Airport, and

(c) before the Cork appointed day, daa, and from that day, Cork Airport Authority, in relation to Cork Airport,

may appoint such and so many of its employees as it considers appropriate to be authorised persons for the purposes of this Act.”

(4) A reference in any other enactment or instrument made under an enactment (other than an enactment referred to in this section) to—

(a) Aer Rianta, is to be read as a reference to—

(i) daa,

(ii) Shannon Airport Authority, and

(iii) from the Cork appointed day, Cork Airport Authority,

or any of them, as the case may be, and

(b) Dublin Airport Authority is to be read as a reference to daa.

(5) A reference to the company in any instrument made under the Act of 1998 shall be construed as a reference to a company (within the meaning of section 2(1) of that Act inserted by subsection (3) (a)).