Air Navigation and Transport (Amendment) Act, 1998
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Interpretation. |
2.—(1) In this Act, except where the context otherwise requires— | |
“the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919 ; | ||
“the Act of 1946” means the Air Navigation and Transport Act, 1946 ; | ||
“the Act of 1950” means the Air Navigation and Transport Act, 1950 ; | ||
“the Act of 1963” means the Companies Act, 1963 ; | ||
“the Act of 1988” means the Air Navigation and Transport Act, 1988 ; | ||
“the Act of 1993” means the Irish Aviation Authority Act, 1993 ; | ||
“aerodrome” has the same meaning as it has in the Air Navigation and Transport Act, 1936 ; | ||
“aircraft” means a machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface; | ||
“airport” means the aggregate of the lands comprised within an aerodrome and all land owned or occupied by an airport authority, including aircraft hangars, roads and car parks, used or intended to be used in whole or in part for the purposes of or in connection with the operation of such aerodrome; | ||
“airport authority” means the person owning, whether in whole or in part, or managing, either alone or jointly with another person, an airport; | ||
“airport charges” means— | ||
(a) charges levied in respect of the landing, parking or taking off of aircraft at an aerodrome including charges for airbridge usage but excluding charges in respect of air navigation and aeronautical communications services levied under section 43 of the Act of 1993, | ||
(b) charges levied in respect of the arrival at or departure from an airport by air of passengers, or | ||
(c) charges levied in respect of the transportation by air of cargo, to or from an airport, | ||
as may be appropriate; | ||
“authorised officer” means— | ||
(a) a member of the Garda Síochána, | ||
(b) in relation to a State airport— | ||
(i) a person, or a person belonging to a class of persons, authorised in writing by the company to perform the functions conferred on an authorised officer by or under this Act or the Act of 1988, or | ||
(ii) unless and until the Minister otherwise determines under subsection (4) of section 48 , a person who immediately prior to the commencement of this section was an authorised officer within the meaning of paragraph (b) of the definition of authorised officer in section 15(1) of the Act of 1950 (as amended by section 25 of the Act of 1988), or | ||
(c) in relation to an airport in the State, other than a State airport, a person, or a person belonging to a class of persons, authorised in writing by the Minister to perform the functions conferred on an authorised officer by or under this Act or the Act of 1988; | ||
“authorised person” means a person appointed in writing by the company to perform the functions conferred on authorised persons by or under this Act; | ||
“the Authority” means the Irish Aviation Authority; | ||
“the Chief Executive” means the chief executive of the company appointed under section 29 ; | ||
“the company” means Aer Rianta, cuideachta phoiblí theoranta; | ||
“the Companies Acts” means the Act of 1963 and every enactment which is to be construed with it as one Act; | ||
“contravene” in relation to a provision of this Act includes, where appropriate, to fail or refuse to comply with that provision and cognate words shall be construed accordingly; | ||
“Eurocontrol” has the same meaning as it has in the Act of 1993; | ||
“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties; | ||
“land” includes land covered by water; | ||
“the Minister” means the Minister for Public Enterprise; | ||
“operator”, in relation to an aircraft, means a person engaged, or proposing to engage, in the operation of aircraft who is for the time being responsible for the management of the aircraft; | ||
“pilot in command”, in relation to an aircraft, means the person who for the time being is lawfully in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft; | ||
“prescribed” means prescribed by regulations under this Act; | ||
“the Principal Act” means the Air Navigation and Transport Act, 1936 ; | ||
“record” includes, in addition to a record in writing— | ||
(a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form, | ||
(b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and | ||
(c) a photograph; | ||
“registered owner”, in relation to an aircraft, means the person who is registered as the owner of the aircraft in the register established under section 9 or 10 of the Act of 1946, section 58 of the Act of 1993, or a corresponding register established in a state other than the State; | ||
“road” has the same meaning as it has in the Roads Act, 1993 ; | ||
“road authority” has the same meaning as it has in the Roads Act, 1993 ; | ||
“State airport” means an airport in the State that, on or after the vesting day, is owned, in whole or in part, or managed, either alone or jointly with another person, by the company; | ||
“State authority” means— | ||
(a) a Minister of the Government, or | ||
(b) the Commissioners of Public Works in Ireland; | ||
“subsidiary” means a subsidiary within the meaning of section 155 of the Act of 1963; | ||
“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death; | ||
“terminal services” has the same meaning as it has in the Act of 1993; | ||
“the vesting day” means the day appointed under section 10 to be the vesting day; | ||
“water right” means a right of impounding, diverting or abstracting water. | ||
(2) A reference in this Act to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended. | ||
(3) A reference in this Act to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. | ||
(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment. | ||
(5) Every provision of, or instrument under, this Act or any other enactment relating to a function of the company shall apply in respect of a function of a subsidiary that corresponds to the first-mentioned function in the same manner as it applies to the first-mentioned function. |