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Air Navigation and Transport Act 2022 (No. 40)Introductory TextActs Referred toPart 1 Preliminary and general (ss. 1-8)1. Short title, commencement, collective citations and construction2. Interpretation - general3. Application to state aircraft4. Regulations, etc.5. Directions by Minister to IANS6. Disposal of moneys received by Minister7. Expenses8. RepealsPart 2 Formation and administration of Irish Air Navigation Service (ss. 9-39)9. Definition - Part 210. Formation of Irish Air Navigation Service11. Alternative or additional names for IANS12. Capital formation13. Form of memorandum of association of IANS, etc.14. Objects of IANS15. Conferral of additional functions on IANS16. General duty of IANS17. Articles of association18. Restriction on alteration of memorandum or articles of association19. Issue of shares, and creation of debt due, to Minister for Public Expenditure and Reform in consideration of transfer of property20. Issue of share to Minister21. Issue of shares to subscribers to memorandum of association of IANS22. Exercise of powers by Minister for Public Expenditure and Reform in respect of shares23. Transfer by Minister for Public Expenditure and Reform of shares24. Obligation of certain shareholders to hold shares in trust25. Payment of dividends, etc., into Exchequer26. Borrowing by IANS and subsidiaries27. Guaranteeing by Minister for Public Expenditure and Reform of borrowing by IANS28. Provision of money for payments out of Central Fund29. Accounts and audits30. Annual report and giving of information to Minister31. Disclosure by directors of certain interests32. Disclosure by members of staff of certain interests33. Prohibition on unauthorised disclosure of information34. Membership of either House of Oireachtas or European Parliament35. Chief Executive36. Remuneration, etc., of staff37. Transfer of staff of IAA to IANS38. Superannuation39. Acquisition of land and entry onto land by IANSPart 3 Fees and Charges of IANS (ss. 40-43)40. Charges by IANS in respect of air navigation and aeronautical communications services41. Other charges by IANS42. Recoupment by Minister of certain costs of IANS43. Detention and sale of aircraft by IANS for unpaid air navigation and aeronautical communications services chargesPart 4 Provisions in relation to Eurocontrol, International Agreements and certain Organisations (ss. 44-47)Chapter 1 Provisions in relation to Eurocontrol (s. 44)44. Venue for proceedings for recovery of sums due to EurocontrolChapter 2 Provisions in relation to the International Civil Aviation Organisation, International Agreements and certain organisations (ss. 45-47)45. Expenses of international organisations46. Attendance of IANS at meetings of or organised by certain international organisations47. Indemnification of staffPart 5 Miscellaneous (ss. 48-49)48. Offences49. Charge of rates on property of IANSPart 6 Transitional provisions (ss. 50-56)50. Continuance of certain instruments51. Continuance of pending legal proceedings52. Transfer of land53. Transfer of other property54. Transfer of rights and liabilities55. Transitional financial provisions56. Liability for loss occurring before vesting dayPart 7 Amendment of Irish Aviation Authority Act 1993 (ss. 57-84)57. Amendment of section 2 of Act of 199358. Amendment of section 14 of Act of 199359. Amendment of section 16 of Act of 199360. Amendment of section 17 of Act of 199361. Amendment of section 23 of Act of 199362. Amendment of section 26 of Act of 199363. Amendment of section 27 of Act of 199364. Advances and grants by Minister to company65. Amendments of Act of 1993 - insertion of new sections 29A and 29B66. Accounts and audits67. Amendment of section 32 of Act of 199368. Annual aviation safety performance statements69. Amendment of section 38 of Act of 199370. Remuneration, etc., of staff71. Other charges by company72. Amendment of Act of 1993 - substitution of section 5873. Amendment of section 59 of Act of 199374. Amendment of section 60 of Act of 199375. Amendment of Act of 1993 - insertion of new Part IVA76. Aviation Stakeholders Forum and Licence Holders Charter77. Crew peer support programmes78. Amendment of section 67 of Act of 199379. Regulations may be made to give effect to certain provisions of EASA Basic Regulation80. Accountability of company, etc., to Committees of Oireachtas81. Amendment of section 72 of Act of 199382. Amendment of Act of 1993 - insertion of new sections 74A to 74D83. Substitution of Schedule to Act of 199384. Amendment of Act of 1993 - insertion of SchedulePart 8 Restructuring of IAA - Supplementary Provisions (ss. 85-86)85. Definitions - Part 886. Restructuring of IAAPart 9 Amendment of Air Navigation and Transport (Amendment) Act 1998 (s. 87)87. Amendment of section 13 of Act of 1998Part 10 Amendment of Aviation Regulation Act 2001, Etc. (ss. 88-105)88. Definition - Part 1089. Amendment of Act of 200190. Amendment of section 2 of Act of 200191. Amendment of section 7 of Act of 200192. Commission to review market power of airport authorities93. Amendment of section 10 of Act of 200194. Amendment of section 17 of Act of 200195. Amendment of section 26 of Act of 200196. Amendment of section 27 of Act of 200197. Amendment of Act of 2001 - insertion of new sections 27A and 27B98. Amendment of section 32 of Act of 200199. Amendment of section 33 of Act of 2001100. Minister may review regulation of airport charges by Commission101. Appeal to High Court102. Amendment of section 42 of Act of 2001103. Amendment of section 45A of Act of 2001104. Directions - Regulations of 2011105. Repeals and savingsPart 11 Dissolution of Commission for Aviation Regulation (ss. 106-118)106. Definitions - Part 11107. Dissolution day108. Dissolution of Commission109. Transfer of functions to IAA110. Transfer of staff of Commission to IAA111. Transfer of land and other property of Commission112. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by Commission113. Liability for loss occurring before dissolution day114. Provisions consequent upon transfer of functions, assets and liabilities to IAA115. Saving for certain acts116. Final accounts and final annual report of Commission117. Continuation in force of Commission superannuation schemes or arrangements118. Superannuation schemes or arrangements in relation to members of Commission or staff to whom section 117 does not applySchedule 1 European Regulations under which IANS may impose chargesSchedule 2Schedule 3
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Version status: In force | Document consolidation status: No known changes
Version date: 1 May 2023 - onwards
Version 2 of 2

40. Charges by IANS in respect of air navigation and aeronautical communications services

(1)

(a)

(i) Subject to subsection (3), the IANS may, with the consent of the IAA, by regulations require the payment to Eurocontrol, the IANS or the Minister of such charges, at such rates and in such currencies as may be prescribed by the IANS in respect of air navigation services and aeronautical communications services which, whether pursuant to international arrangements or otherwise, are provided for aircraft by Eurocontrol, the IANS or the Minister.

(ii) Regulations made under this section may provide for charges payable by virtue of such regulations to be so payable elsewhere than in the State and to be recoverable in the State wherever they are payable (without prejudice to their recovery elsewhere).

(iii) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the IANS to be necessary or expedient for the purposes of the regulations.

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