Aviation act 2006

• Enactment Date: 04 April 2006
• Act Number: 7

Number 7 of 2006
AVIATION ACT 2006
ARRANGEMENT OF SECTIONS
Section
1. Definition.
2. Miscellaneous amendments of Act of 1993.
3. Amendment of Part III (Eurocontrol Convention) of Act of 1993.
4. Amendment of Aer Lingus Act 2004.
5. Amendment of Aviation Regulation Act 2001.
6. Repeal.
7. Short title.
SCHEDULE 1
SCHEDULE 2
Acts Referred to
Aer Lingus Act 2004 2004, No. 10 Air Companies (Amendment) Act 1993 1993, No. 38 Aviation Regulation Act 2001 2001, No. 1 Data Protection Act 1988 1988, No. 25 Irish Aviation Authority Act 1993 1993, No. 29
Number 7 of 2006
AVIATION ACT 2006
AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION SIGNED AT BRUSSELS ON 13 DECEMBER 1960, AS CONSOLIDATED BY THE PROTOCOL SIGNED AT BRUSSELS ON 27 JUNE 1997 AND FOR THAT PURPOSE TO AMEND THE IRISH AVIATION AUTHORITY ACT 1993, TO AMEND THE AVIATION REGULATION ACT 2001, TO AMEND THE AER LINGUS ACT 2004 AND TO PROVIDE FOR RELATED MATTERS.
[4th April, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definition.	1.— In this Act “ the Act of 1993 ” means the Irish Aviation Authority Act 1993 .
	Miscellaneous amendments of Act of 1993.	2.— The Act of 1993 is amended—
	(a) in section 2(1)—
	(i) by substituting for the definition of “contracting state” the following:
	“ ‘ contracting state ’ means a state, including the State, which is a party to Annex IV of the Eurocontrol Convention;”,
	(ii) by substituting for the definition of “Eurocontrol” the following:
	“ ‘ Eurocontrol ’ means the European Organisation for the Safety of Air Navigation (Eurocontrol) established by the Eurocontrol Convention and references to Eurocontrol include references to the General Assembly and the Council comprised in Eurocontrol and to the Agency;”,
	(iii) by substituting for the definition of “the Eurocontrol Convention” the following:
	“ ‘ Eurocontrol Convention’ means the International Convention relating to Co-operation for the Safety of Air Navigation signed at Brussels on 13 December 1960, as amended by the Additional Protocol signed at Brussels on 6 July 1970, the Protocol signed at Brussels on 21 November 1978 and the Protocol signed at Brussels on 12 February 1981, as consolidated by the Protocol signed at Brussels on 27 June 1997, (the consolidated text of which is set out for convenience of reference in the English language in Schedule 1 to the Aviation Act 2006), the Final Act and Protocol on the accession of the European Community to the Eurocontrol Convention signed at Brussels on 8 October 2002 (the text of which is set out for convenience of reference in the English language in Schedule 2 to the Aviation Act 2006), and by any other protocol or other instrument which may be signed after the passing of the Aviation Act 2006;”,
	(iv) by substituting for the definition of “the Minister” the following:
	“ ‘ The Minister ’ means the Minister for Transport;”,
	(v) by deleting the definition of “the Multilateral Agreement”, and
	(vi) by deleting the definition of “Statute of the Agency”,
	(b) in section 14(1)(j), by substituting for subparagraph (i) the following:
	“(i) the Eurocontrol Convention,”,
	and
	(c) in section 74—
	(i) in subsection (3)(b)(i), by substituting “€5,000” for “£1,000” and “6 months” for “12 months”,
	(ii) in subsection (3)(b)(ii), by substituting “€500,000” for “£100,000”,
	(iii) in subsection (4), by substituting “€5,000” for “£1,000”, and
	(iv) by substituting for subsection (5), the following:
	“(5) A person who obstructs or impedes an authorised officer, an authorised officer of the company, a member of the staff of the company or an officer of Eurocontrol in the performance of any function conferred on him or her by or under this Act or fails to furnish to such a member information to which he or she is entitled under section 57B or an order under section 65 is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.”.
	Amendment of Part III (Eurocontrol Convention) of Act of 1993.	3.— (1) Part III of the Act of 1993 is amended—
	(a) in section 46, by deleting “and the Statute of the Agency annexed thereto”,
	(b) in section 47, by deleting “and the Statute of the Agency annexed thereto”,
	(c) by substituting for section 57 the following:
	“Parties to Eurocontrol Convention.
	57.— (1) The Minister, after consultation with the Minister for Foreign Affairs, may by order declare that any state specified in the order is a party to the Eurocontrol Convention.
	(2) An order that is in force under subsection (1) shall be evidence that any state specified in the order is a party to the Eurocontrol Convention.
	Regulations.
	57A.— The Minister may make regulations to—
	(a) give effect to a common European air traffic flow management system established by Eurocontrol under Articles 2(1)(e), 7(2)(d) and 19 of the Eurocontrol Convention, and
	(b) ensure compliance with that system.
	Random checks and inspections.
	57B.— (1) For the purposes of ensuring compliance with this Part and the Eurocontrol Convention an authorised person may—
	(a) enter any premises of an aircraft operator for the purpose of carrying out random checks and inspections,
	(b) require the owner or any person employed at the premises or any person in charge of the premises to give to him or her such information in the person’s power or control that the authorised person may reasonably require and to produce to him or her any records (in whatever form kept) or books or documents found by or produced to the authorised person,
	(c) at such premises, inspect and take copies of, or extracts from any books, records or other documents (including in the case of information in non-legible form a copy of or extract from such information in permanent legible form),
	(d) inspect and copy or extract information from any data (within the meaning of the Data Protection Act 1988 ) found or produced to the authorised person,
	(e) require any person by or on whose behalf data equipment is or has been used on the premises in relation to the business of the aircraft operator concerned or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised person all reasonable assistance in relation to its use,
	(f) secure for later inspection the premises or any records, books, documents or products found in the premises.
	(2) Where an authorised person carries out any random check or inspection under this section, he or she shall, if requested by a person affected, produce his or her authorisation showing his or her identity and position.
	(3) An authorised person shall not, in order to carry out a random check or inspection under this section, other than with the consent of the occupier, enter a private dwelling unless a warrant under this section has been obtained authorising such entry.
	(4) An authorised person shall be accompanied by a member of the Garda Síochána where, in the course of carrying out or attempting to carry out a random check or inspection under this section a premises is required to be broken open for that check or inspection or the use of force is necessary.
	(5) If a judge of the District Court is satisfied on the sworn information of an authorised person that there are reasonable grounds for suspecting that there is information required by an authorised person held on any premises or any part of any premises or there is anything which an authorised person requires to inspect for purposes of enforcing this Part, the judge may issue a warrant authorising an authorised person, accompanied, if appropriate, by other authorised persons or by a member or members of the Garda Síochána, at any time or times, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if necessary by reasonable force, the premises and to carry out a random check or inspection under this section.
	(6) An application under subsection (5) shall be made to the judge of the District Court in whose district court district the premises is situated.
	(7) In this section—
	‘ authorised person ’ means—
	(a) an authorised officer,
	(b) an authorised officer of the company, or
	(c) an officer of Eurocontrol;
	‘ premises ’ includes an aircraft.
	Evidence in proceedings.
	57C.— For the purposes of this Act, a document purporting to be published by Eurocontrol shall be admissible in any proceedings, without further proof, as evidence of the matters mentioned in the said document, unless the contrary is shown.”.
	(2) Section 1(2) of the Act of 1993 does not apply to an amendment to that Act provided for in subsection (1)(c) of this section.
	Amendment of Aer Lingus Act 2004.	4.— The Aer Lingus Act 2004 is amended by inserting, after section 7, the following new section:
	“Confirmation of certain matters.
	7A.— (1) Notwithstanding section 13(2) and the Aer Lingus Act 2004 (Commencement of Certain Provisions) Order 2005—
	(a) section 2 (in so far as it relates to section 5(2) of the Air Companies (Amendment) Act 1993 ), and
	(b) section 7,
	are deemed to have come into operation on 19 August 2004.
	(2) Without prejudice to the generality of subsection (1), the issue of shares in Aer Lingus Group public limited company on 20 August 2004 is confirmed and deemed always to have had full effect.
	(3) Nothing in this section shall affect any proceedings commenced in any court concerning the validity of the issue of shares in the Company under section 7 where those proceedings were commenced before 8 March...