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15 1988

AIR NAVIGATION AND TRANSPORT ACT, 1988

PART IV

Provisions in relation to the 1984 Protocol to the Chicago Convention

Required landing or interception of certain aircraft.

38. —(1) Subject to subsections (2) and (3), the power to make orders for carrying out the Chicago Convention conferred on the Minister by sections 9, 10 and 11 of the Act of 1946 shall be deemed to include a power by order to—

(a) require the landing at such aerodrome as may be specified in the order, or

(b) provide for the interception in accordance with the terms of the order

of any aircraft—

(i) which is flying, or attempting to fly, without authority over the State, or

(ii) in relation to which there are reasonable grounds for believing that it is being used for any purpose inconsistent with the Chicago Convention,

and any such order may specify such other requirements as may appear to the Minister to be necessary to ensure that any aircraft concerned complies with the Chicago Convention.

(2) The additional powers conferred on the Minister by subsection (1) shall not include the power to authorise the use of weapons against an aircraft in flight:

Provided always that nothing in this subsection shall operate to prejudice the inherent right of self-defence as set forth in the Charter of the United Nations.

(3) In the landing or interception of an aircraft pursuant to an order made in exercise of the additional powers conferred on the Minister by subsection (1), the lives of persons on board the aircraft concerned and the safety of other aircraft and the persons on board that aircraft shall not be endangered:

Provided always that nothing in this subsection shall prejudice the inherent right of self-defence as set forth in the Charter of the United Nations.

Amendment of section 12 of Act of 1946.

39. —(1) Section 12 of the Act of 1946 is hereby amended by—

(a) the substitution for paragraphs (a) and (b) of the following paragraphs:

“(a) it shall be lawful for a commissioned officer of the Defence Forces of the State to cause to be given such signal as may be prescribed by such order, and

(b) if, after such signal has been given, the aircraft fails to respond to the signal by complying with provisions of the order prescribing the action to be taken on such signal being given, it shall be lawful for such officer to intercept the aircraft and, subject to section 38 (2) and (3) of the Air Navigation and Transport Act, 1988, to use any and every other means at his disposal to compel compliance with the signal;”,

and

(b) the insertion of the following paragraph after paragraph (c):

“(d) every person who obstructs or impedes a commissioned officer of the Defence Forces of the State, or any other person acting in aid of or under the direction of such officer, in the exercise or performance of any of the powers or duties conferred on him by this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months, or, at the discretion of the Court, to both such fine and such imprisonment.”.

(2) Notwithstanding anything in section 12 of the Act of 1946, it shall be lawful for a commissioned officer of the Defence Forces of the State to cause to be given such signal as is prescribed in any order made under that section and in force on the commencement of this section and such orders shall apply accordingly.

Compliance with required landing order.

40. —(1) The pilot or commander of every aircraft registered in the State and of every aircraft operated by a person, whose principal place of business is in the State or who is permanently resident in the State, shall, wherever the aircraft may be, comply with a requirement in an order made by the Minister, in exercise of the additional powers conferred on him by section 38 , to land the aircraft.

(2) Every person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction thereof to the penalties specified in section 13 (as amended by this Act) of the Act of 1946, as if the offence were a contravention of that section.