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General Scheme Air Navigation and Transport Bill 2019

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General Scheme Air Navigation and Transport Bill 2019 Colour coding: Green – existing provisions Blue –new provisions General Scheme Air Navigation and Transport Bill 2019 1 Colour coding: Green – existing provisions Blue –new provisions Contents PART 1 - Preliminary and General Head 1: Short title Head 2: Interpretation Head 3: Application to state aircraft. Head 4: Laying of orders and regulations before Houses of Oireachtas. Head 5: Directions by Minister to ATM/ANS provider. Head 6: Disposal of monies received by Minister. Head 7: Expenses. PART 2 - Establishment of Irish Air Navigation Authority and dissolution of the Commission for Aviation Regulation Chapter 1 - Establishment and Administration of the Irish Air Navigation Authority - “the ATM/ANS provider” Head 8: Formation of ATM/ANS provider. Head 9: Name and capital formation of ATM/ANS provider. Head 10: Form of memorandum of association. Head 11: Objects of ATM/ANS provider. Head 12: Conferral of additional functions on ATM/ANS provider. Head 13: General duty of ATM/ANS provider. Head 14: Articles of association. Head 15: Restriction on alteration of memorandum or articles of association. Head 16: Issue of shares, and creation of debt due, to Minister for Public Expenditure and Reform in consideration of transfer of property. Head 17: Issue of share to Minister. Head 18: Issue of shares to subscribers to memorandum of association of ATM/ANS provider. 2 Colour coding: Green – existing provisions Blue –new provisions Head 19: Exercise of powers by Minister for Public Expenditure and Reform in respect of shares. Head 20: Transfer by Minister for Public Expenditure and Reform of shares. Head 21: Obligation of certain shareholders to hold shares in trust. Head 22: Payment of dividends, etc., into Exchequer. Head 23: Borrowing by ATM/ANS provider and subsidiaries. Head 24: Guaranteeing by Minister for Finance of borrowing by ATM/ANS provider. Head 25: Provision of money for payments out of Central Fund. Head 26: Accounts and audits. Head 27: Annual report and furnishing of information to Minister. Head 28: Disclosure by directors of certain interests. Head 29: Disclosure by members of staff of certain interests. Head 30: Prohibition on unauthorised disclosure of information. Head 31: Membership of either House of Oireachtas or European Parliament. Head 32: Chief Executive. Head 33: Remuneration, etc., of staff. Head 34: Transfer of staff of the Irish Aviation Authority to the ATM/ANS provider Head 35: Superannuation. Head 36: Acquisition of land and entry onto land by company. Chapter 2 – Dissolution of Commission for Aviation Regulation Head 37: Dissolution of the Commission for Aviation Regulation Head 38: Transfer of functions to the Irish Aviation Authority Head 39: Transfer of staff of the Commission for Aviation Regulation to the Irish Aviation Authority Head 40: Transfer of land and other property of the Commission for Aviation Regulation Head 41: Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by the Commission for Aviation Regulation Head 42: Liability for loss occurring before the effective day Head 43: Provisions consequent upon transfer of functions, assets and liabilities to Commission 3 Colour coding: Green – existing provisions Blue –new provisions Head 44: Saving for certain acts Head 45: Final accounts and final annual report of the Commission for Aviation Regulation Head 46: Continuation in force of Commission for Aviation Regulation Superannuation Schemes. Head 47: Amendment of the Power for a Levy under Section 23 of the Act of 2001 Chapter 3 – Amendment of the Act of 1993 Head 48: Amendment of Section 31 Head 49: Amendment of Section 32 & 43 Head 50: Amendment of Section 39 Head 51: Amendment of Section 44 Head 52: Amendment of Section 58 Head 53: Amendment of Section 60 Head 54: Amendment of Section 61 Head 55: Replacement of Schedule PART 3 - Fees and Charges of the ATM/ANS provider Head 56: Charges by ATM/ANS provider in respect of air navigation and aeronautical communications services. Head 57: Other charges by ATM/ANS provider. Head 58: Recoupment by Minister of certain costs of ATM/ANS provider. Head 59: Detention of aircraft. Head 60: Amend Irish Aviation Authority Act to provide for additional other charges by the Irish Aviation Authority. 4 Colour coding: Green – existing provisions Blue –new provisions PART 4 - Provisions in relation to Eurocontrol, the International Civil Aviation Organisation, to International Agreements and Certain Organisations Chapter 1 - Provisions in relation to Eurocontrol Head 61: Venue for proceedings for recovery of sums due to Eurocontrol Head 62: Keeping of records by aircraft operators. Chapter 2 - Provisions in relation to the International Civil Aviation Organisation, to International Agreements and Certain Organisations Head 63: Expenses of international organisations. Head 64: Attendance of ATM/ANS provider at meetings of or organised by certain international organisations. PART 5 - Enforcement Head 65: Authorised officers Head 66: Search warrants Head 67: Indemnification of staff Head 68: Proceedings and Prosecution of summary offences Head 69: Authorised Officers of the Irish Aviation Authority Head 70: Amend the Irish Aviation Authority Act to provide for application for Search warrants Head 71: Amend Irish Aviation Authority Act to provide for Indemnification of staff Head 72: Amend the Irish Aviation Authority Act, 1993 to provide for fixed charge offences Head 73: Offences 5 Colour coding: Green – existing provisions Blue –new provisions PART 6 - Transitional Provisions Head 74: Continuance of certain instruments Head 75: Continuance of pending legal proceedings Head 76: Transfer of land Head 77: Transfer of other property Head 78: Transfer of rights and liabilities Head 79: Transitional financial provisions Head 80: Liability for loss occurring before vesting day PART 7 – Miscellaneous and Amendments Head 81: Charge of rates on property of ATM/ANS provider. Head 82: Restriction of Worker Participation (State Enterprises) Acts, 1977 to 1991. Head 83: Annual performance statements Head 84: International peer review of regulatory performance Head 85: Accountability of Authority to Committees of Oireachtas PART 8 - Competent Authorities for the purposes of European Union Regulations on aviation Head 86: Designation of Irish Aviation Authority as Competent Authority Schedules 6 Colour coding: Green – existing provisions Blue –new provisions Air Navigation and Transport Bill Long title To provide for the establishment of a company, to be known as [insert name in Irish] or, in the English language, the Irish Air Navigation Authority, to provide air navigation services in relation to civil aviation, to define its functions and to provide for the conferral on it of certain functions of the Irish Aviation Authority; To provide for the transfer of the functions of air navigation service provision from the Irish Aviation Authority to the Irish Air Navigation Authority; To combine the aviation regulatory functions of the Irish Aviation Authority and the Commission for Aviation Regulation; To provide for the dissolution of the Commission for Aviation Regulation, and To provide for related matters. Index to the Bill To be generated in due course by the Draftsman Acts Referred to To be generated in due course by the Draftsman 7 Colour coding: Green – existing provisions Blue –new provisions PART 1 PRELIMINARY AND GENERAL Head 1 - Short title 1) Provide that this Bill may be cited as the Air Navigation and Transport Bill 2019. Explanatory note This head contains a standard short title provision. 8 Colour coding: Green – existing provisions Blue –new provisions Head 2 - Interpretation 1) Provide definitions for use in the Act: “the Act of 1946” means the Air Navigation and Transport Act, 1946; “the Act of 1988” means the Air Navigation and Transport Act, 1988; “the Acts” means the Air Navigation and Transport Acts, 1936 to 1988; ‘aerodrome’ means a defined area, on land or on water, on a fixed, fixed offshore or floating structure, including any buildings, installations and equipment thereon, intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft; “aeronautical communications services” means services providing communications facilities for any purpose connected with aviation; “air navigation services” includes services providing, giving or issuing information, directions or instructions, or other facilities, for the purposes of or in connection with the navigation or movement of aircraft; “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; “airspace” means the atmosphere above ground or sea level through which aircraft can fly; “authorised officer” means— (a) an officer of the Permanent Defence Force holding a commissioned rank, (b) an officer of the Minister, (c) an officer of customs and excise, or (d) a member of the staff of the ATM/ANS provider, authorised in writing by the Minister to perform the functions conferred on authorised officers by or under this Act; “authorised officer of the ATM/ANS provider” means a person referred to in paragraph (a), (b), (c) or (d) of the definition of “authorised officer” authorised in writing by the ATM/ANS provider to perform the functions conferred on authorised officers of the ATM/ANS provider by or under this Act; “the Chicago Convention” means the Convention on International Civil Aviation opened for signature
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