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23 1946

AIR NAVIGATION AND TRANSPORT ACT, 1946

PART I.

Preliminary and General.

Short title and collective citation.

1. —(1) This Act may be cited as the Air Navigation and Transport Act, 1946.

(2) The Air Navigation and Transport Acts, 1936 and 1942, and this Act may be cited together as the Air Navigation and Transport Acts, 1936 to 1946.

Interpretation.

2. —(1) In this Act—

the expression “the Chicago Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December, 1944, and includes any amendment of the said Convention which may be made under Article 94 thereof;

the expression “Irish aircraft” means aircraft registered in the State;

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the operative date” means the date of the passing of this Act;

the word “prescribed” means prescribed by an order made by the Minister under this Act;

the expression “the Principal Act” means the Air Navigation and Transport Act, 1936 (No. 40 of 1936), as adapted in consequence of the enactment of the Constitution and as amended by the Air Navigation and Transport (Amendment) Act, 1942 (No. 10 of 1942).

(2) References in this Act to any country or territory (including the State) shall, unless the context otherwise requires, be construed as including references to the territorial waters (if any) adjacent to such country or territory.

(3) This Act shall be construed as one with the Air Navigation and Transport Acts, 1936 and 1942.

Application to State aircraft.

3. —(1) Subject to the provisions of this section, this Act shall not apply to any State aircraft.

(2) The Minister may by order direct that such provisions of this Act or any order made thereunder as may be specified in such order shall, with or without modifications, apply to State aircraft, and whenever any such order is made and is in force, such of the said provisions as may be specified in such order shall, subject to such modifications (if any) as may be specified therein, have the force of law in the State.

Saving for lighthouse authorities.

4. —Nothing in this Act or any order made thereunder shall prejudice or affect the rights, powers or privileges of any general or local lighthouse authority.

General provisions in relation to orders made by the Minister.

5. —(1) An order made by the Minister under this Act may be made applicable to any aircraft in or over the State or to Irish aircraft wherever they may be.

(2) The Minister shall not, in any order made by him under this Act, make provisions in relation to the Customs except with the concurrence of the Minister for Finance.

(3) An order made by the Minister under this Act may authorise the Minister to make regulations and give directions for carrying out the purposes of such order in respect of such matters and things as may be specified in such order.

(4) An order made by the Minister under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of such order.

(5) (a) The Minister may by order under this subsection revoke or amend any instrument to which this subsection applies.

(b) This subsection applies to—

(i) any order or regulations made under Part I of the Air Navigation Act, 1920, as adapted by or under subsequent enactments, which was continued in force by section 15 of the Principal Act and is in force immediately before the operative date,

(ii) any order made by the Government under Part II or under section 63 of the Principal Act,

(iii) any order made by the Government under section 5 of the Principal Act amending any such order or regulation as is referred to in subparagraph (i) or subparagraph (ii) of this paragraph,

(iv) any order made by the Minister under this Act.

(6) Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

Regulations and directions.

6. —The Minister may make regulations or give directions in relation to any matter in respect of which the Minister is authorised by an order made by the Minister under this Act to make regulations or give directions for carrying out the purposes of such order.

Expenses.

7. —All expenses incurred by the Minister in the execution 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.