Number 32 of 2004 STATE AIRPORTS ACT 2004 REVISED Updated to 25 August 2021 This Revised Act is an administrative consolidation of the State Airports Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law. All Acts up to and including the Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 12) Regulations 2021 (S.I. No. 438 of 2021), made 25 August 2021, were considered in the preparation of this Revised Act. Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to [email protected]. Number 32 of 2004 STATE AIRPORTS ACT 2004 REVISED Updated to 25 August 2021 Introduction This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed. Related legislation Airports and Aviation Acts 1936 to 2016: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Public Transport Act 2016 (3/2016), s. 10(4)). The Acts in this group are: • Air Navigation and Transport (International Conventions) Act 2004 (11/2004) • State Airports Act 2004 (32/2004), other than Part 3 and s. 25 • State Airports (Shannon Group) Act 2014 (27/2014), other than Parts 8 and 9 • Public Transport Act 2016 (3/2016), s. 6 Aviation Regulation Acts 2001 to 2004: this Act is one of a group of Acts included in this collective citation, to be construed together as one (State Airports Act 2004 (32/2004), s. 1(4)). The Acts in this group are: • Aviation Regulation Act 2001 (1/2001) • State Airports Act 2004 (32/2004), Part 3 Customs-free Airport Acts 1947 to 2004: this Act is one of a group of Acts included in this collective citation, to be construed together as one (State Airports Act 2004 (32/2004), s. 1(3)). The Acts in this group are: • Customs-Free Airport Act 1947 (5/1947) • Customs-free Airport (Amendment) Act 1958 (29/1958) • State Airports Act 2004 (32/2004), s. 25 Annotations This Revised Act is not annotated and only shows textual amendments. An annotated version of this revision is also available which shows textual and non-textual amendments and their sources. It also shows editorial notes including statutory instruments made pursuant to the Act and previous affecting provisions. Material not updated in this revision i Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available. A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at www.irishstatutebook.ie. ii Number 32 of 2004 STATE AIRPORTS ACT 2004 REVISED Updated to 25 August 2021 ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY AND GENERAL Section 1. Short title, collective citation and construction. 2. Interpretation. 3. Expenses. PART 2 DUBLIN, CORK AND SHANNON AIRPORT AUTHORITIES (RESTRUCTURING OF AER RIANTA) 4. Definitions (Part 2). 5. Appointed days. 6. Dublin, Cork and Shannon Airport Authorities. 7. Restructuring of Aer Rianta. 8. Power of company to manage and develop its airport, etc. 9. Memorandum and articles of association of company. 10. Share capital of Cork and Shannon Airport Authorities. 11. Liability for loss occurring before appointed days. 12. Staff. 13. Chairperson and directors of Aer Rianta ceasing to hold office on Dublin appointed day. 14. Formation of subsidiaries. 15. Airport bye-laws. 16. Airport regulations. 17. Laying of orders. 18. Directions. 1 [No. 32.] State Airports Act 2004 [2004.] 19. Transitional provisions. PART 3 AVIATION REGULATION 20. Commencement (Part 3). 21. Market behaviour. 22. Airport charges. 23. Aviation terminal services charges. 24. Miscellaneous amendments of Act of 2001. PART 4 MISCELLANEOUS AMENDMENTS 25. Amendment of Customs-free Airport Act 1947. 26. Amendment of section 2A(4) of Air Navigation and Transport Act 1973 (increased fines for disruptive behaviour on board aircraft in flight). 27. Fixed payment notice. 27A. Declaration. 28. Penalties under Act of 1998. SCHEDULE AMENDMENT OF ACT OF 1998 ACTS REFERRED TO Air Navigation and Transport Act 1973 1973, No. 29 Air Navigation and Transport Acts 1936 to 1998 Air Navigation and Transport (Amendment) Act 1998 1998, No. 24 AirNavigationandTransport(InternationalConventions) 2004, No. 11 Act 2004 Aviation Regulation Act 2001 2001, No. 1 Carer's Leave Act 2001 2001, No. 19 Companies Act 1963 1963, No. 33 Companies Acts 1963 to 2003 Companies (Amendment) Act 1983 1983, No. 13 Competition Act 2002 2002, No. 14 Customs-free Airport Act 1947 1947, No. 5 Customs-free Airport Acts 1947 and 1958 Customs-free Airport (Amendment) Act 1958 1958, No. 29 Minimum Notice and Terms of Employment Acts 1973 to 2001 Organisation of Working Time Act 1997 1997, No. 20 2 [No. 32.] State Airports Act 2004 [2004.] Parental Leave Act 1998 1998, No. 30 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Road Traffic Act 1961 1961, No. 24 Redundancy Payments Acts 1967 to 2003 Unfair Dismissals Acts 1977 to 2001 Worker Participation (State Enterprises) Act 1977 1977, No. 6 3 PT. 1 S. 1 [No. 32.] State Airports Act 2004 [2004.] Number 32 of 2004 STATE AIRPORTS ACT 2004 REVISED Updated to 25 August 2021 AN ACT TO PROVIDE FOR THE VESTING, MANAGEMENT, OPERATION AND DEVELOPMENT OF THE STATE AIRPORTS KNOWN AS DUBLIN AIRPORT, CORK AIRPORT AND SHANNON AIRPORT AND FOR THAT PURPOSE TO RE-NAME AER RIANTA, CUIDEACHTA PHOIBLÍ THEORANTA, AS DUBLIN AIRPORT AUTHORITY, PUBLIC LIMITED COMPANY, TO HAVE VESTED IN IT, MANAGE, OPERATE AND DEVELOP DUBLIN AIRPORT AND IN CONNECTION WITH THIS RESTRUCTURING TO PROVIDE INTER ALIA FOR THE TRANSFER OF CERTAIN ASSETS OF AER RIANTA C.P.T. INTO TWO NEW PUBLIC LIMITED COMPANIES FORMED AND REGISTERED UNDER THE COMPANIES ACTS 1963 TO 2003 ONE OF WHICH TO BE NAMED CORK AIRPORT AUTHORITY, PUBLIC LIMITED COMPANY, TO HAVE VESTED IN IT, MANAGE, OPERATE AND DEVELOP CORK AIRPORT AND THE OTHER TO BE NAMED SHANNON AIRPORT AUTHORITY, PUBLIC LIMITED COMPANY, TO HAVE VESTED IN IT, MANAGE, OPERATE AND DEVELOP SHANNON AIRPORT, TO AMEND THE AIR NAVIGATION AND TRANSPORT ACTS 1936 TO 1998, THE CUSTOMS-FREE AIRPORT ACT 1947, THE AVIATION REGULATION ACT 2001 AND TO PROVIDE FOR RELATED MATTERS. [21st July 2004] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 PRELIMINARY AND GENERAL Short title, 1. —(1) This Act may be cited as the State Airports Act 2004. collective citation and construction. (2) The Air Navigation and Transport Acts 1936 to 1998, the Air Navigation and Transport (International Conventions) Act 2004 and this Act (other than Part 3 and section 25 ) may be cited together as the Airports and Aviation Acts 1936 to 2004, and are to be construed together as one. (3) The Customs-free Airport Acts 1947 and 1958 and section 25 may be cited together as the Customs-free Airport Acts 1947 to 2004. (4) The Aviation Regulation Act 2001 and Part 3 may be cited together as the Aviation Regulation Acts 2001 to 2004. Interpretation. 2. —(1) In this Act— “Act of 1998” means Air Navigation and Transport (Amendment) Act 1998; 4 PT. 1 S. 2 [No. 32.] State Airports Act 2004 [2004.] “Act of 2001” means Aviation Regulation Act 2001; “Minister” means Minister for Transport. (2) In this Act— (a) a reference to a section, Part or Schedule is a reference to a section or Part of, or Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended, (b) a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and (c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act. Expenses. 3. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 DUBLIN, CORK AND SHANNON AIRPORT AUTHORITIES (RESTRUCTURING OF AER RIANTA) Definitions (Part 4. —In this Part, unless the context otherwise requires— 2). “Act of 1977” means Worker Participation (State Enterprises) Act 1977; “Aer Rianta” means Aer Rianta, cuideachta phoiblí theoranta; “Companies Acts” means Companies Act 1963 and every enactment which is to be construed with it as one Act; “company” other than in section 15, means F1[daa], Cork Airport Authority and Shannon Airport Authority or, as the case may be, any of them; “Cork Airport” means the State airport known as Cork Airport; “Cork Airport