(LRC Revised)

Number 1 of 2001

AVIATION REGULATION ACT 2001

REVISED

Updated to 1 May 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Aviation Regulation Act 2001

. 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

Patient Safety (Notifiable

Incidents and Open Disclosure) Act 2023

(10/2023), enacted 2 May 2023, and all

statutory instruments up to and including the

Air Navigation and Transport Act 2022

(Commencement) Order 2023

(S.I. No. 220 of 2023), made 27 April 2023, 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

revisedacts@lawreform.ie.

Number

1

of

2001

AVIATION REGULATION ACT 2001

REVISED

Updated to 1 May 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Establishment day.

4.

Expenses of Minister.

PART 2

The Commission for Aviation Regulation

5.

Establishment of Commission.

6.

Independence of Commission.

7.

Principal function of Commission.

8.

Functions of Commission under certain Council Regulations.

8A.

Functions of

Commission under European Communities (Dublin Airport Charges) Regulations

2011.

8B.

Commission

to review market power of airport authorities.

9.

Transfer of functions.

10.

Directions by Minister to Commission.

11.

Members of Commission.

12.

Staff of Commission.

13.

Deputy commissioner.

14.

Consultants.

15.

Codes of conduct.

16.

Membership of Houses of Oireachtas, European Parliament and local authorities.

17.

Declaration of interests.

18.

Disclosure of interests.

19.

Prohibition on unauthorised disclosure of information.

20.

Superannuation (commissioners).

21.

Superannuation (staff).

22.

Resources made available by Minister.

23.

Levy.

(Repealed)

24.

Advances by Minister to Commission.

25.

Borrowings.

26.

Accounts.

27.

Reports.

27A.

Commission to prepare statement of strategy.

27B.

Business Plan.

28.

Separation of accounts.

29.

Premises of Commission.

30.

Seal of Commission.

PART 3

Regulation of Airport and Aviation Terminal Services Charges

31.

Application.

32.

Airport charges.

33.

Regulatory objectives in respect of airport charges.

33A.

Minister may review regulation of airport charges by Commission.

34.

Amendment of section 39 of Act of 1998.

35.

Aviation

terminal services charges.

(Repealed)

36.

Regulatory

objectives in respect of aviation terminal services charges.

(Repealed)

37.

Amendment of Irish Aviation Authority Act, 1993.

38.

Judicial

review.

(Repealed)

39.

Application to High Court.

39A.

Appeal to High Court.

40.

Appeal

panel.

(Repealed)

41.

Service of notices.

PART 4

Enforcement

42.

Authorised officers.

43.

Search warrants.

44.

Indemnification.

45.

Offences of bodies corporate.

45A.

Directions - Regulation (EC) No. 261/2004.

45B.

Directions - Regulations of 2011.

46.

Prosecution of summary offences.

PART 5

Miscellaneous Amendments

47.

Repeal.

48.

Amendment of Freedom of Information Act, 1997.

49.

Amendment of Act of 1998.

50.

Amendment of Air Navigation and Transport Act, 1973.

Acts Referred to

Air Navigation and Transport Act, 1973

1973, No. 29

Air Navigation and Transport (Amendment) Act, 1998

1998, No. 24

Companies Acts, 1963 to 1999

Courts Act, 1981

1981, No. 11

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Irish Aviation Authority Act, 1993

1993, No. 29

Local Government Act, 1941

1941, No. 23

Package Holidays and Travel Trade Act, 1995

1995, No. 17

Transport (Tour Operations and Travel Agents) Act, 1982

1982, No. 3

Number

1

of

2001

AVIATION REGULATION ACT 2001

REVISED

Updated to 1 May 2023

AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE COMMISSION

FOR AVIATION REGULATION OR, IN THE IRISH LANGUAGE, AS AN COIMISIÚN UM RIALÁIL EITLÍOCHTA, TO DEFINE ITS FUNCTIONS, TO AMEND THE IRISH AVIATION AUTHORITY ACT, 1993, THE

FREEDOM OF INFORMATION ACT, 1997, THE AIR NAVIGATION AND TRANSPORT (AMENDMENT) ACT,

1998, AND THE AIR NAVIGATION AND TRANSPORT ACT, 1973, AND TO PROVIDE FOR CONNECTED

MATTERS. [21

st February

, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

C1

Modifications (not altering text)

Application of collectively cited

Aviation Regulation Acts 2001 to 2004

restricted (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for

European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that

provides for the consent for a plan or project to which this Regulation applies to

be obtained by default on the failure of the public authority to provide a response

within a specified timescale or otherwise, that provision shall not have effect in

respect of any plan or project to which this Regulation applies

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Aviation Regulation Acts 2001 to 2004

...

Editorial Notes

E1

Commission for Aviation

Regulation designated a competent authority (17.01.2020) by

European Union

(Cooperation Between National Authorities Responsible for the Enforcement of

Consumer Protection Laws) Regulations 2020

(S.I. No. 14 of 2020), reg. 4

and sch. ref. nos. 8, 10, 15, 25, in effect as per reg. 1(2).

E2

Previous affecting

provision: Commission of Aviation Regulation designated a competent authority

(17.01.2020) by

European Union (Cooperation Between National Authorities

Responsible for the Enforcement of Consumer Protection Laws) Regulations

2019

(S.I. No. 691 of 2019), reg. 4 and sch. ref. nos. 8, 10, 15, 25, in

effect as per reg. 1(2); revoked (17.01.2020) by

European Union (Cooperation

Between National Authorities Responsible for the Enforcement of Consumer

Protection Laws) Regulations 2020

(S.I. No. 14 of 2020), reg. 11(f), in

effect as per reg. 1(2).

E3

Previous affecting

provision: Commission of Aviation Regulation designated a competent authority

(30.05.2006) by

European Communities (Cooperation Between National Authorities

Responsible for the Enforcement of Consumer Protection Laws) Regulations

2006

(S.I. No. 290 of 2006), reg. 4 and sch. ref. no. 14; revoked

(17.01.2020) by

European Union (Cooperation Between National Authorities

Responsible for the Enforcement of Consumer Protection Laws) Regulations

2020

(S.I. No. 14 of 2020), reg. 11(a), in effect as per reg. 1(2).

C1

Modifications (not altering text)

Application of collectively cited

Aviation Regulation Acts 2001 to 2004

restricted (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for

European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that

provides for the consent for a plan or project to which this Regulation applies to

be obtained by default on the failure of the public authority to provide a response

within a specified timescale or otherwise, that provision shall not have effect in

respect of any plan or project to which this Regulation applies

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Aviation Regulation Acts 2001 to 2004

...

Editorial Notes

E1

Commission for Aviation

Regulation designated a competent authority (17.01.2020) by

European Union

(Cooperation Between National Authorities Responsible for the Enforcement of

Consumer Protection Laws) Regulations 2020

(S.I. No. 14 of 2020), reg. 4

and sch. ref. nos. 8, 10, 15, 25, in effect as per reg. 1(2).

E2

Previous affecting

provision: Commission of Aviation Regulation designated a competent authority

(17.01.2020) by

European Union (Cooperation Between National Authorities

Responsible for the Enforcement of Consumer Protection Laws) Regulations

2019

(S.I. No. 691 of 2019), reg. 4 and sch. ref. nos. 8, 10, 15, 25, in

effect as per reg. 1(2); revoked (17.01.2020) by

European Union (Cooperation

Between National Authorities Responsible for the Enforcement of Consumer

Protection Laws) Regulations 2020

(S.I. No. 14 of 2020), reg. 11(f), in

effect as per reg. 1(2).

E3

Previous affecting

provision: Commission of Aviation Regulation designated a competent authority

(30.05.2006) by

European Communities (Cooperation Between National Authorities

Responsible for the Enforcement of Consumer Protection Laws) Regulations

2006

(S.I. No. 290 of 2006), reg. 4 and sch. ref. no. 14; revoked

(17.01.2020) by

European Union (Cooperation Between National Authorities

Responsible for the Enforcement of Consumer Protection Laws) Regulations

2020

(S.I. No. 14 of 2020), reg. 11(a), in effect as per reg. 1(2).