PART 3

Aviation Regulation

20. —This Part comes into operation on the Dublin appointed day.

21. —(1) The Commission for Aviation Regulation shall use all reasonable endeavours to assist the Competition Authority in the performance of the Competition Authority's functions in such manner as is stipulated in the co-operation agreement.

(2) In this section “co-operation agreement” means a co-operation agreement entered into under section 34 of the Competition Act 2002 between the Competition Authority and the Commission for Aviation Regulation as amended from time to time.

22. —(1) Section 32 of the Act of 2001 is amended—

(a) by substituting for subsection (2) the following:

“(2) The Commission shall—

(a) as soon as is practicable, but not later than 12 months after the Dublin appointed day, make a determination, and

(b) upon the expiration of that determination and each subsequent determination, make a determination,

specifying the maximum levels of airport charges that may be levied by Dublin Airport Authority in respect of Dublin Airport.”,

(b) by substituting for subsection (5) the following:

“(5) A determination shall—

(a) be in force for such period of not less than 4 years, and

(b) come into operation on such day, as the Commission specifies.”,

and

(c) in subsection (14)(a) by deleting “on or after the expiration of a period of 2 years”.

(2) Any determination made by the Commission for Aviation Regulation under section 32 of the Act of 2001 in respect of Aer Rianta c.p.t. which is in force immediately before the Dublin appointed day continues in force after that day, until the commencement of a determination replacing it is made by the Commission for Aviation Regulation under that section (as amended by this section). The determination is deemed to have been made under section 32 (as so amended) and may be reviewed and amended under section 32(14)(a) of the Act of 2001 (as amended by this section).

(3) Subsections (3) and (4) of section 32 of the Act of 2001 are repealed.

(4) The following is substituted for section 33 of the Act of 2001:

“33.—(1) In making a determination the objectives of the Commission are as follows—

(a) to facilitate the efficient and economic development and operation of Dublin Airport which meet the requirements of current and prospective users of Dublin Airport,

(b) to protect the reasonable interests of current and prospective users of Dublin Airport in relation to Dublin Airport, and

(c) to enable Dublin Airport Authority to operate and develop Dublin Airport in a sustainable and financially viable manner.

(2) In making a determination the Commission shall have due regard to—

(a) the restructuring including the modified functions of Dublin Airport Authority,

(b) the level of investment in airport facilities at Dublin Airport, in line with safety requirements and commercial operations in order to meet the needs of current and prospective users of Dublin Airport,

(c) the level of operational income of Dublin Airport Authority from Dublin Airport, and the level of income of Dublin Airport Authority from any arrangements entered into by it for the purposes of the restructuring under the State Airports Act 2004,

(d) costs or liabilities for which Dublin Airport Authority is responsible,

(e) the level and quality of services offered at Dublin Airport by Dublin Airport Authority and the reasonable interests of the current and prospective users of these services,

(f) policy statements, published by or on behalf of the Government or a Minister of the Government and notified to the Commission by the Minister, in relation to the economic and social development of the State,

(g) the cost competitiveness of airport services at Dublin Airport,

(h) imposing the minimum restrictions on Dublin Airport Authority consistent with the functions of the Commission, and

(i) such national and international obligations as are relevant to the functions of the Commission and Dublin Airport Authority.

(3) Having regard to section 5 (2) of the State Airports Act 2004, subsection (2)(a) does not apply in relation to the first determination made after the Dublin appointed day.

(4) The Commission shall not later than 6 months or such lesser period, after consultation with the Commission, as the Minister decides—

(a) after the making of the first determination, where it is made after the Cork or Shannon appointed day (within the meaning of the State Airports Act 2004), and

(b) where the first determination is made before either of those appointed days, after that appointed day,

have due regard to the restructuring, including the modified functions of Dublin Airport Authority. Where it considers it appropriate it may amend the determination.

(5) In this section—

‘restructuring’ is to be construed in accordance with the State Airports Act 2004;

‘user’ means any person—

(a) for whom any services or facilities the subject of airport charges are provided at Dublin Airport,

(b) using any of the services for the carriage by air of passengers or cargo provided at Dublin Airport, or

(c) otherwise providing goods or services at Dublin Airport;

‘operational income’ includes airport charges and commercial revenues associated with the operation of Dublin Airport.”.

(5) Section 40(1) of the Act of 2001 is amended by substituting for paragraph (c) the following:

“(c) a user in respect of a determination under section 32(2) or 35(2).”.

23. —(1) Section 35 of the Act of 2001 is amended—

(a) by substituting for subsection (2) the following:

“(2) On the expiration of a determination, the Commission shall make a determination specifying the maximum levels of aviation terminal services charges that may be imposed by the Authority.”,

(b) by substituting for subsection (3) the following:

“(3) A determination shall—

(a) be in force for such period of not less than 4 years, and

(b) come into operation on such day, as the Commission specifies.”,

and

(c) in subsection (12)(a) by deleting “on or after the expiration of a period of 2 years”.

(2) A determination made by the Commission for Aviation Regulation under section 35 of the Act of 2001 which is in force immediately before the Dublin appointed day continues in force after that day as if made under section 35 (as amended by this section).

24. —The Act of 2001 is amended—

(a) in section 2(1), by inserting after the definition of “deputy commissioner” the following:

“ ‘Dublin appointed day’ is to be construed in accordance with the State Airports Act 2004;”,

(b) in section 22, by inserting after subsection (3) the following:

“(4) Notwithstanding subsection (3), the Commission may perform such of its functions as it may deem proper through or by any officer of the Minister made available to the Commission under subsection (1).”,

(c) in section 40, by inserting after subsection (2) the following:

“(2A) A request under subsection (2) shall be made promptly but not later than 3 months after publication of notice of the determination to which it relates.

(2B) Notwithstanding subsection (2), the Minister may, where he or she has considered a request under that subsection and is of the opinion that the request is vexatious, frivolous or without substance, refuse to establish an appeal panel to consider the appeal. A refusal by the Minister to establish the appeal panel shall be in writing and state the reasons for the refusal.

(2C) The Minister may establish an appeal panel to consider one or more requests under subsection (2).”,

and

(d) in section 42(3), by deleting—

(i) in paragraphs (b) and (c) “relating to the provision of airport or aviation services”, and

(ii) in paragraph (g) “with regard to the provision of airport or aviation services”.