Air Navigation (Eurocontrol) Act, 1983

• Permanent Page URL

Number 38 of 1983

AIR NAVIGATION (EUROCONTROL) ACT, 1983

ARRANGEMENT OF SECTIONS

Number 38 of 1983

AIR NAVIGATION (EUROCONTROL) ACT, 1983

AN ACT TO ENABLE EFFECT TO BE GIVEN TO CERTAIN PROVISIONS OF THE PROTOCOL AMENDING THE EUROCONTROL INTERNATIONAL CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION SIGNED AT BRUSSELS ON THE 12th DAY OF FEBRUARY, 1981, AND TO CERTAIN PROVISIONS OF THE MULTILATERAL AGREEMENT RELATING TO ROUTE CHARGES SIGNED AT BRUSSELS ON THE 12th DAY OF FEBRUARY, 1981, AND FOR THOSE AND OTHER PURPOSES TO AMEND AND EXTEND THE AIR NAVIGATION (EUROCONTROL) ACTS, 1963 AND 1971. [20th December, 1983]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act—

“the Act of 1963” means the Air Navigation (Eurocontrol) Act, 1963 ;

“the Agreement” means the Multilateral Agreement relating to Route Charges signed at Brussels on the 12th day of February, 1981;

“contracting state” means a state, including the State, which is a party to the Agreement;

“determination” means a decision of a relevant authority as to whether or not any sum is due to the Organisation in respect of air navigation facilities and services provided by the Organisation or by some other person;

“relevant authority” in relation to a contracting state means—

(a) any court or tribunal which, under the law of that state, has jurisdiction to determine questions as to whether or not a sum is due to the Organisation in respect of air navigation services provided by the Organisation or by some other person;

(b) any administrative authority which, under the law of that state, has the power to make a determination in respect of such questions, being a determination which, in that state, is subject to appeal to, or review by, a court or tribunal;

(c) any court or tribunal which, under the law of that state, has jurisdiction to determine any appeal from, or to carry out any review of, a determination made in respect of any such question by another relevant authority;

(2) The Minister for Foreign Affairs may by order declare that any state specified in the order is a party to the Agreement and, while that order is in force, the order shall be evidence that such state is a party to the Agreement.

(3) The Minister for Foreign Affairs may by order revoke or amend an order under this section including an order under this subsection.

Privileges of personnel of Organisation and representatives of member states.

2.—Section 3 of the Act of 1963 is hereby amended by the insertion after subsection (6) of the following subsections:

“(7) Persons employed by the Organisation shall enjoy inviolability for all their official papers and documents.

(8) The Director-General of the Agency shall enjoy immunity from jurisdiction in respect of acts, other than acts which would constitute a road traffic offence or acts whereby damage is caused by a motor vehicle belonging to, or driven by him, but including words spoken or written.

(9) Representatives of Member States of the Organisation shall, whilst exercising their functions, and in the course of any journey to or from a meeting of the Organisation, enjoy inviolability for their official papers and documents.”.

Enforceability and recognition of determination made in other contracting state.

3.—Subject to the provisions of this Act, where a relevant authority in a contracting state has made a determination, that determination shall be enforceable or, as the case may be, recognised in the State.

Application for enforcement of determination made in other contracting state.

4.—(1) Every application for the enforcement of a determination made by a relevant authority in a contracting state other than the State shall be made to the High Court.

(2) The High Court shall (on the hearing of an application for the enforcement of a determination), unless the enforcement of the determination is refused pursuant to section 6 of this Act, make an order for the enforcement of the determination to the extent that the debt to which the determination relates has not been satisfied.

(3) In any application for the enforcement of a determination under this section, the determination may not be reviewed as to its substance.

Effect of order for enforcement of determination.

5.—(1) Whenever an order for the enforcement of a determination has been made pursuant to section 4 of this Act, the determination shall, to the extent to which its enforcement is authorised pursuant to the order of the court, have the same force and effect as if the determination had been made by the High Court and proceedings for or in respect of its enforcement may be taken accordingly.

(2) Whenever the High Court makes an order on foot of an application made pursuant to section 4 of this Act for the enforcement of a determination, the order may provide for the payment of the reasonable costs of and incidental to the application and such costsshall be recoverable as if they were sums recoverable under the determination.

(3) Where, on an application for the enforcement of a determination pursuant to section 4 of this Act, it is shown that, in accordance with the laws of the contracting state in which the determination was made, interest is recoverable under the determination from a particular date or time, the rate of interest and the date or time from which it is recoverable shall be noted in the order for enforcement, if such order is made, and the sum due on foot of the determination, other than any sum due pursuant to subsection (2) of this section, shall carry interest in accordance with the noted particulars.

(4) Interest on any sum due on foot of a determination in respect of which an order for enforcement has been made shall be recoverable only pursuant to this section.

Non-recognition or non-enforcement of determination.

6.—(1) A determination by a relevant authority in a contracting state other than the State shall not be recognised or enforced in the State if—

(a) the contracting state is not the country or one of the countries in which, pursuant to the provisions of section 7 of this Act, proceedings in respect of the sum claimed to be due should have been brought; or

(b) the determination is not final; or

(c) the determination is manifestly contrary to public policy in the State; or

(d) the person against whom the proceedings which resulted in the determination were brought did not, notwithstanding that due notice of the proceedings may have been duly served on him in the contracting state, receive notice of the proceedings in sufficient time to enable him to defend the proceedings or, as the case may be, to apply for the proceedings to be reviewed; or

(e) proceedings relating to the same sum have been previously commenced, and are pending, in the State; or

(f) the determination is incompatible with the judgement of any court in the State; or

(g) the determination involved the application of the rules of private international law relating to a question concerning—

(i) the status or legal capacity of natural persons, or

(ii) rights of property arising out of a matrimonial relationship, or

(iii) wills or the laws relating to succession,

(being rules which are different to the corresponding rules of private international law applicable within the State) and the determination was different from the determination which would have been made if the rules of private international law applicable within the State had applied.

(2) For the purposes of paragraph (b) of subsection (1) of this section, a determination by a relevant authority in a contracting state shall be deemed to be final if—

(a) neither an appeal from, nor an application for review of, that determination is pending in that state, and

(b) it is not possible for any of the reasons specified in subsection (3) of this section for such an appeal to be brought or for such an application to be made.

(3) The reasons referred to in paragraph (b) of subsection (2) of this section are—

(a) the law applicable in the contracting state does not provide for an appeal from, or review of, the determination, being a determination made by either a court or a tribunal; or

(b) the time within which an appeal must be brought or an application for review must be made has expired; or

(c) an appeal which has been brought or an application for review which has been made, has been withdrawn; or

(d) the determination has been confirmed by, or made in pursuance of a direction contained in, a determination which was made by a relevant authority and is final and without appeal.

(4) If, on an appeal against a decision to enforce a determination, the appellant satisfies the court that the determination is not final, the court may, on such terms as it may think fit—

(a) set aside the enforcement order, or

(b) adjourn the appeal until such time as the determination has become final.

(5) Nothing in subsection (4) of this section shall require the court either to set aside an enforcement order or to adjourn an appeal in any case where—

(a) the court is satisfied that there is no other ground on which the enforcement order should be set aside, and

(b) the court is not satisfied that the applicant intends to continue with an appeal or application for review which is pending or, as the case may be, to bring any appeal, or make any such application, which it is open to him to bring or make in respect of the determination.

Proceedings for recovery of sums due to the Organisation.

7.—(1) Proceedings for the recovery of any sum due to the Organisation in respect of air navigation facilities and services provided by that body, or by any other person, shall be brought against the person liable to pay the sum concerned—

(a) if such person's residence or, as the case may be, his registered office, is located in a contracting state, in such contracting state,

(b) if such person's residence or, as the case may be, his registered office is not located in a contracting state, in anycontracting state in which such person has a place of business,

(c) if such person's residence or, as the case may be, his registered office is not located, or he has no place of business, in a contracting state, in any contracting state in which he has assets, or

(d) if such person's residence or, as the case may be, his registered office is not located, or he has no place of business or assets, in a contracting state, in the contracting state in which the Organisation, for the time being, has its headquarters.

(2) Subject to the provisions of this section, proceedings in respect of any sum due to the Organisation may be taken in the State either by the Organisation or by the Minister.

Documents required to accompany request for enforcement of determination.

8.—(1) The following documents shall be attached to every application for the enforcement of a determination pursuant to this Act, that is to say—

(a) a certified copy of the determination;

(b) in the case of a determination by a relevant authority (being a court or tribunal) which is made by default, the original or a certified copy of a document establishing that notice of the proceedings was duly served on the person against whom enforcement is sought;

(c) in the case of a determination by a relevant authority which is an administrative authority, a document establishing that the determination was subject to review by a court or tribunal but is no longer so subject because the court or tribunal has made a final decision and has dismissed the appeal or because the appeal has been withdrawn or because the time within which an appeal should be lodged has expired; and

(d) documents establishing that the determination is enforceable in the contracting state and that the person against whom enforcement is sought has received notice of the determination in due time.

(2) If the court so requires, a translation of the documents specified in subsection (1) of this section shall be produced: the translation shall be certified as correct by a person competent to do so.

(3) For the purposes of this Act—

(a) a document, duly certified, which purports to be a copy of a determination of a relevant authority in a contracting state other than the State shall, without further proof, be deemed to be a true copy of that determination, unless the contrary is shown;

(b) the original, or a copy, of any document specified in paragraphs (b), (c) or (d) of subsection (1) of this section shall be evidence of any matter to which such document relates; and

(c) a document which purports to be a translation of a documentwhich is provided pursuant to subsection (2) of this section and to be certified as correct by a person competent to do so shall, without further proof, be deemed to be such translation, unless the contrary is shown.

(4) A document purporting to be a copy of a determination given by a relevant authority shall be deemed to be duly certified if—

(a) in the case of a determination by a court, it purports to bear the seal of that court or to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a determination made by that court, or

(b) in the case of a determination by a relevant authority other than a court, it purports to be certified by any person in his capacity as an officer of that authority to be a true copy of a determination made by that authority.

Enforcement of determination by court in the State in other contracting states.

9.—Any person who wishes to secure the enforcement in another contracting state of a determination made in his favour by a court in the State may, subject to any conditions that may be specified in rules of court, obtain from the registrar or clerk of the court—

(a) a certified copy of the determination;

(b) in the case of a determination made in default of appearance, the original or a certified copy of a document which establishes that notice of the institution of proceedings was served on the person in default, and

(c) a certificate stating:—

(i) the nature of the proceedings;

(ii) the grounds pursuant to section 7 of this Act on which the court had jurisdiction in the matter;

(iii) the date on which the time for the lodging of an appeal against the determination will expire, or, if it has so expired, the date on which it expired;

(iv) whether notice of appeal against, or, in any case where the defendant did not appear, a notice to set aside, the determination has been received;

(v) the rate of interest, if any, payable on foot of the determination and the date from which it is payable;

(vi) such other particulars as may be specified in rules of court.

Amendment of section 2 of Act of 1963.

10.—Section 2 of the Act of 1963 is hereby amended by the substitution for the definition of “the Agency” of the following definition:

“‘the Agency’ means the Agency for the safety of air navigation comprised in the Organisation;”.

Detention of aircraft.

11.—Section 9 of the Act of 1963 is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) The Minister may by order provide for the detention of aircraft to secure compliance with the Convention or with any order or regulation made under this Act.”.

Amendment of section 10 of Act of 1963.

12.—Section 10 of the Act of 1963 is hereby amended by—

(a) the deletion in subsection (1) (c) of “under section 8 of this Act or”,

(b) the substitution in subsection (3) for “one hundred pounds” of “seven hundred and fifty pounds”,

(c) the substitution in subsection (4) for “ten pounds” of “seventy-five pounds”, and

the said subsections, as so amended, are set out in the Table to this section.

TABLE

(1) (c) provide that records of the movements of aircraft kept by such persons as may be designated in the regulations shall, until the contrary is proved, be evidence in proceedings in relation to an offence under the Air Navigation and Transport Acts, 1936 to 1961, of the matters entered, pursuant to the regulations, in the records, and that documents purporting to be records of the movements of aircraft and to be kept by persons designated for the purpose in the regulations shall, until the contrary is proved, be deemed to be such records and to be so kept.

(3) A person who contravenes a regulation under this section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding seven hundred and fifty pounds or to imprisonment for a term not exceeding six months or, at the discretion of the court, to both the fine and the imprisonment.

(4) A person who obstructs or interferes with an officer of the Minister when he is exercising a power conferred by regulations under this section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding seventy-five pounds.

Prosecution of offences by Minister.

13.—The Act of 1963 is hereby amended by the substitution for section 11 of the following section:

“11. An offence under this Act or under any regulations made thereunder may be prosecuted by the Minister.”.

Amendment of section 12 of Act of 1963.

14.—Section 12 of the Act of 1963 (inserted by the Air Navigation (Eurocontrol) Act, 1971 ) is hereby amended by—

(a) the substitution in subsection (6) for “one hundred pounds” of “seven hundred and fifty pounds”, and

(b) the substitution in subsection (7) for “ten pounds” of “seventy-five pounds”, and

the said subsections, as so amended, are set out in the Table to this section.

TABLE

(6) A person who contravenes a regulation made by virtue of subsection (4) of this section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding seven hundred and fifty pounds or to imprisonment for a term not exceeding six months or, at the discretion of the court, to both the fine and the imprisonment.

(7) A person who obstructs or interferes with an officer of the Organisation or of the Minister when he is exercising a power conferred by a regulation made by virtue of subsection (4) of this section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding seventy-five pounds.

Repeals.

15.—Sections 6, 7, 8, 13 (1) and 13 (2) of the Act of 1963 are hereby repealed.

Short title, collective citation, construction and commencement.

16.—(1) This Act may be cited as the Air Navigation (Eurocontrol) Act, 1983.

(2) The Air Navigation (Eurocontrol) Acts, 1963 and 1971, and this Act shall be construed together as one Act and may be cited together as the Air Navigation (Eurocontrol) Acts, 1963 to 1983.

(3) This Act shall come into operation on such day or days as the Minister may fix by order or orders under this section either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.