Airport Authority Act.pmd
ANTIGUA
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No. 17 of 2006. The Airport Authority Act, 2006. 1
ANTIGUA AND BARBUDA
No. 17 of 2006
AN ACT to provide for the establishment of an Airport Authority;
to make provisions for the ownership, control, management and
development of airports in Antigua and Barbuda; and for mat-
ters connected generally with management of airports.
[ Published in the Official Gazette Vol. XXVI
No. 73 dated 7th December, 2006. ]
ENACTED by the Parliament of Antigua and Barbuda as
follows —
PART I
PRELIMINARY
1. This Act may be cited as the Airport Authority Act, 2006.
2. In this Act —
“Aircraft” means any contrivance now known or hereaf-
ter designed, invented or used fornavigation or flight in
the air or space, except a parachute or other contrivance
used primarily as safety equipment;
“Airport” means any defined area of land or water intended
or designated to be used either wholly or partly for the
landing, departure, movement and servicing of aircraft and
any buildings, installations, equipment, roadways, car
Short title.
Interpretation.
[ L.S.]
I Assent,
James B. Carlisle,
Governor-General.
17th November, 2006.
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parks and open spaces on or adjacent to any such defined
area used in connection with airports or airports adminis-
tration;
“Airport Facilities” include airport facilities of all kinds,
landing fields, hangars, shops, hotels, restaurants and
catering facilities, terminals, buildings and parking facili-
ties and all other facilities necessary or desirable for the
landing, taking off, operating, servicing, repairing and
parking of aircraft, the unloading and handling of mail,
express and freight, and the accommodation, convenience
and comfort of passengers, together with related trans-
portation facilities, all necessary appurtenances, machin-
ery and equipment and all lands, properties, rights, ease-
ments and franchises relating thereto and considered nec-
essary or convenient by the Authority in connection there-
with;
“Authority” means the Airport Authority established un-
der section 3;
“Board” means the Board referred to in section (3)(2);
“Chairman” means the Chairman of the Authority ap-
pointed by the Cabinet under the provisions of the First
Schedule;
“Chief Executive Officer” means the officer appointed un-
der section 7 by the Authority as Chief Executive Officer of
the Authority;
“Director” means a director appointed under the First
Schedule;
“financial year” means such period of twelve months
as the Authority may determine to be its financial year,
so, however, that the first financial year shall be the
period commencing on the date this Act comes into
force and ending on such date as may be determined by
the Authority;
“indebtedness” means the bonds, notes, debentures or
debenture stock or other borrowings by the Authority pur-
suant to section 11 of this Act;
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“Minister” means the Minister for the time being respon-
sible for Airports;
“Public Accounts Committee” means the Public A counts
Committee appointed under section 98 of the Constitu-
tion of Antigua and Barbuda;
“Vehicle” includes a device in, upon or by which a person
or property may be propelled, moved or drawn upon land
or water, and a device moved by human or animal power
except for aircraft or device moved exclusively upon sta-
tionary rails or tracks.
PART II
THE AUTHORITY
3. (1) There is established by this Act a body to be called the
Airport Authority which shall be a body corporate with per-
petual succession and a common seal with power to purchase,
take hold and dispose of land and other property, to enter into
contracts, to sue and be sued in its corporate name and to do all
things necessary for the purposes of this Act
(2) The Authority shall be governed by a Board of Directors.
(3) The provisions of the First Schedule shall have effect as
to the constitution, members, committees, operations, proce-
dure and meetings of the Board and otherwise in relation thereto.
(4) The seal of the Authority shall be authenticated in the
manner prescribed in the First Schedule and shall be judicially
and officially noticed.
4. (1) The functions of the Authority are to manage and ad-
minister efficiently and in a business like manner airports vested
in the Authority.
(2) Without prejudice to the generality of subsection (1) the
Authority shall—
(a) construct, develop, upgrade and improve airports
and such other aviation facilities in Antigua and
Barbuda;
Establishment and
Constitution of
Authority.
First Schedule.
Functions of Au-
thority.
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(b) operate airports services in accordance with this
Act or regulations made thereunder;
(c) prescribe and collect the rates, fees and charges
authorised by this Act or by any regulations made
thereunder;
(d) provide and maintain facilities for the landing and
departing of aircraft, the embarkation and disembar-
kation of passengers, the loading, unloading, stor-
age, carriage and warehousing of goods;
(e) provide and maintain equipment for hoisting, lifting
and transportation of goods;
(f) construct, equip and maintain runways, passenger
terminals, concourses, taxiways, aprons, baggage
handling equipment, parking facilities, restaurants
and other passenger convenience facilities;
(g) provide and maintain hangars, overhaul and train-
ing facilities and machine shops;
(h) provide safety equipment, lights and beacons,
firefighting services, repair services, fueling equip-
ment, catering and cleaning services and such other
services as are ordinarily required by airlines.
(3) In the performance of its functions, the Authority may
engage the services of professionally qualified and experienced
persons to carryout the management and other services neces-
sary to operate and maintain the airport in an efficient and busi-
ness like manner.
5. (1) The Government shall not later than six months after
the coming into force of this Act, transfer to the Authority such
properties of the Government on such terms and conditions as
the Government and the Authority may agree”.
(2) At a date to be determind by cabinet and publish by
notice in the Gazette the benefits and liabilities of any contract
for or in connection with the Airport and facilities to which the
Government is a party (including any debts and debt servicing,
the right to recover and receive all moneys due and payable to
Vesting of certain
property, rights
and liabilities in
the Authority.
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the Government) and which subsist or are in force immediately
before the date of coming into force of this Act, are hereby
transferred from the Government to the Authority.
(3) Any proceedings upon any contract, agreement, deed,
bond or other instrument to which reference is made in subsec-
tion (2) which are pending immediately before the date when
this Act comes into force and to which the Government was a
party shall in accordance with the provisions of subsection 2
continue as if the Authority was a party thereto in lieu of the
Government.
6. (1) A director who has any interest in a company or con-
cern with which the Board proposes to enter into a contract has
interest in a proposed contract, shall disclose the nature of his
interest to the Board.
(2) Where a director discloses an interest in a company in
accordance with subsection (1), the Secretary to the Board shall
record the disclosure in the minutes of the meeting of the Board
and the member making the disclosure is disqualified from par-
ticipating in the deliberations or voting of the Board in relation
to the proposed contract.
(3) The Cabinet shall forthwith revoke the appointment of a
director who contravenes this section and the director shall pay
back to the Authority any financial gain or other benefits ob-
tained from the non-disclosure.
(4) Such financial gain or other benefits shall be recovered
from such director as a debt to the Authority.
7. (1) For the purposes of carrying out its functions under
this Act, the Board shall appoint a person with suitable qualifi-
cations and experience in commerce to be the Chief Executive
Officer of the Authority.
(2) The terms and conditions of service of the Chief Execu-
tive Officer shall be determined by the Board.
(3) Subject to the provisions of this Act and to any direction
given by the Board, the duties of the Chief Executive Officer
include the general administration and management of the af-
fairs of airports in Antigua and Barbuda.
Disclosure of In-
terest.
Appointment of
Manager and Staff
of the Authority.
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(4) The provisions of the Second Schedule shall have effect
as to the officers and employees of the Authority for their ap-
pointment, dismissal, discipline and conditions of service and
matters relating thereto.
(5) This section shall not apply in any case where pursuant
to subsection 4(3) the Authority engages the services of profes-
sionally qualified and experienced persons to manage the Air-
ports.
8. Subject to the provisions of this Act, the Board may del-
egate to any Director or committee of the Board the power and
authority to carry out on its behalf such duties as the Board may
determine.
9. (1) The Minister may, after consultation with the Chairman
give to the Authority directions of a general nature as to the
policy to be followed by the Authority in the performance of its
functions as appear to the Minister to be necessary in the inter-
ests of Antigua and Barbuda.
(2) Where the Minister gives directions in accordance with
subsection (1), the Board shall, in so far as such directions
are consistent with the Act, carry out the directions of the
Minister.
PART III
FINANCIAL PROVISIONS
10. (1) The funds and resources of the Authority consist of
the following —
(a) moneys approved by Parliament;
(b) moneys borrowed by the Authority under section
11 for the purpose of carrying out its functions un-
der the Act;
(c) fees, charges, rents, dividends, commissions and
moneys received for services rendered to custom-
ers and users of airports;
(d) profits, dividends and endowments received by the
Board on behalf of the Authority.
Second Schedule.
Power of Author-
ity to delegate.
Power of Minister
to give policy di-
rections.
Funds and
resources.
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(2) The moneys approved by Parliament under subsection
(1) shall be on such terms and conditions as Parliament may
determine.
11. (1) The Authority may borrow moneys required by it for
the purposes authorised by this Act
(2) Notwithstanding the generality of subsection (1) the Au-
thority may borrow money for the following purposes –
(a) the performance of the functions assigned to the
Authority under this Act;
(b) the provisions of capital for the construction, de-
velopment, improvement and expansion of airports;
(c) any other expenditure properly chargeable to the
capital account.
(3) Subject to the approval of Cabinet the Authority may,
from time to time, borrow by way of overdraft such sums as the
Authority may require for meeting its obligations and discharg-
ing its functions under this Act.
(4) The powers of the Authority to borrow money for the
purposes specified in subsection (2) shall be exercisable only
with the prior approval of the Cabinet as to the amount, the
source of the borrowing, and the terms on which the borrowing
may be effected.
(5) An approval given in any respect for the purposes of this
section may be either general or limited to the particular borrow-
ing or otherwise and may be either unconditional or subject to
conditions.
(6) Where the Authority intends to borrow money on the
guarantee of the Government for the construction, development,
improvement and expansion of its facilities and services, the
Minister shall, notwithstanding any power conferred upon the
Authority under this Act, submit the proposal to the House of
Representatives for prior approval.
12. (1) The funds of the Authority for any financial year shall
be applied for the payment of—
Power of the Au-
thority to borrow
money.
Application of
the funds and re-
sources.
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(a) the salaries, management fees, remuneration and
gratuities of the officers or agents, employees, tech-
nical and other advisers of the Authority, including
payments for the maintenance of the Provident Fund
or Pension Fund authorised by this Act;
(b) the remuneration, fees and allowances of the direc-
tors of the Board or of any committee thereof;
(c) working expenses, and expenditures on, or provi-
sion for, the maintenance of the property and of any
of the works of the Authority, and the insurance of
the same and the discharge of the functions of the
Authority properly chargeable to revenue account;
(d) loans approved by Parliament under section 10;
(e) any indebtedness or interest on any indebtedness
or charges for servicing any loans borrowed or in-
curred on any loan borrowed by the Authority;
(f) any benefits and liabilities transferred to the Au-
thority under section 5 (2);
(g) sums required to be transferred to a sinking fund or
otherwise set aside for the purpose of making provi-
sion for the payment or redemption of indebtedness
incurred or the repayment of other borrowed money;
(h) such sums as may be deemed appropriate to set
aside in respect of debt service reserved or depre-
ciation on the property of the Authority having re-
gard to the amount set aside out of the revenue
under paragraph (e);
(i) any other expenditures authorised by the Authority
and properly chargeable to revenue account.
(2) The balance of the revenue of the Authority shall be ap-
plied to the creation of a reserve fund to finance future modern-
ization and expansion of airports in A tigua and Barbuda.
13. The Authority may, from time to time, invest the reserved
funds created under section 12(2), and not immediately required
Authorised invest-
ments.
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to be expended by the Authority, in securities approved by the
Cabinet.
14. The Board shall, at any time it declares a profit, pay forty
per centum of such profit into the Consolidated Fund.
Consolidated fund.
15. (1) The fees, rates, and charges for licences and services
to be levied by the Authority shall be determined by the Board
(2) The Board may, after consultation with the Minister, by
order, prescribe such fees, rates and charges for licences and
services.
(3) No charges and fees determined by the Board are enforce-
able until the order prescribing the fees rates and charges are
published in the Gazette.
16. (1) All decisions, orders, rules and regulations relating to
the financial operations of the Authority shall be made by reso-
lution of the Authority at a meeting thereof and shall be re-
corded in the minutes book of the Authority.
(2) The Authority shall keep proper accounts and records in
respect of its transactions to the satisfaction of the Minister,
and shall cause to be prepared a statement in respect of each
financial year.
(3) Notwithstanding any law to the contrary, the accounts of
the Authority shall be audited by independent auditors to be
appointed by the Authority and approved by the Director of
Audit.
(4) After the end of each financial year, the Board shall as
soon as the accounts of the Authority have been audited, cause
a copy of the statement of accounts to be transmitted to the
Minister and the Public Accounts Committee together with a
copy of any report made by the auditors on that statement or on
the accounts of the Authority.
(5) The Minister shall, as soon as practicable but not later
than three months after receipt of every statement and report,
cause a copy of every such statement and report to be laid on
the table in the House of Representatives.
Board to pay por-
tion of profits to
Consolidated fund
Rates, etc.
chargable by the
Authority.
Accounts and Au-
dit.
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17. (1) The Board shall by resolution open and operate an
account with a bank appointed by the Board.
(2) The funds and all moneys received by the Authority shall
be paid into a bank account approved by the Board, except such
moneys as the Board may, by rules, determine to be retained by
the accountant of the Authority for the disbursement of petty
expenses.
(3) All payments out of the funds of the Authority except
petty disbursements not exceeding a sum to be determined by
rules made under section 19, shall be made by the accountant, or
on his behalf by any other officer appointed by the Authority, in
accordance with any such rules.
(4) Cheques against any bank account required to be kept
or withdrawals from any savings bank account shall be signed
by the accountant and countersigned by the Chairman of the
Board or any member of the Board or any officer of the Au-
thority appointed by resolution of the Board which shall be
certified by the Chairman and forwarded to the bank or banks
concerned.
18. The Authority shall, by resolution, make rules in respect
of the following matters—
(a) the manner in which and the officers by whom pay-
ments are to be approved;
(b) the bank into which the moneys of the Authority are
to be paid, the title of any account with any such
bank, and the transfer of one fund from one account
to another;
(c) the appointment of a member of the Board or an officer
of the Authority to countersign cheques on behalf of
the Chairman or in the absence of the Chairman;
(d) the sum to be retained by the accountant to meet
petty disbursements and immediate payments and
the Maximum sum that may be so disbursed for any
one payment;
(e) the method to be adopted in making payments out
of the funds of the Authority; and
Authority to op-
erate a bank ac-
count
Rules.
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(f) generally as to all matters necessary for the proper
keeping and control of the accounts and books and
the control of the finance of the Authority.
19. (1) The Board shall, not later than thirty days after the
end of each financial year, make and transmit to the Minister a
report dealing generally with the activities of the Authority dur-
ing the preceding financial year and containing proposals relat-
ing to the programmes it intends to carry out during the suc-
ceeding year.
(2) The Minister shall, as soon as practicable but not later
than sixty days after the receipt of the report, cause a copy of
the report to be laid on the table in the House of Representa-
tives.
20. The Authority shall, be exempt from payment of —
(a) income tax;
(b) customs duties, consumption tax and other duties
on all plant, machinery, appliances, apparatus, equip-
ment and materials of every kind whatsoever im-
ported into Antigua and Barbuda by the Authority
for the purpose of carrying out its functions under
this Act;
(c) property tax under the Property Tax Act.
PART IV
GENERAL
21. The Authority shall cause to be prepared and published
in such manner as it may think fit –
(a) a “Tariff Book” containing all matters which un-
der this Act or any Regulations made thereunder
are required to be contained therein, together with
such other matters as the Minister may think fit;
and
(b) such other books and other documents as under
this Act or any regulations made thereunder are re-
quired to be kept.
Annual Report.
Exemption from
customs duty,
consumption tax,
income tax and
property tax.
Tariff book etc.
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PART V
ACCIDENTS
22. Where an accident occurs at any airport, and that acci-
dent—
(a) is attended, or is of a kind usually attended, with
loss of human life or with serious injury to person or
property;
(b) involves any collision between aircraft of which one
is carrying passengers; or
(c) is of such other kind as the Minister may specify,
the Chief Executive Officer or other person in charge
of that airport shall, as soon as practicable, give
notice of the occurrence of the accident to the Board
and the Board shall forthwith report the accident to
the Minister.
23. The Board shall make to the Minister a report, in such
form and at such intervals as the Minister may direct, of all
accidents occurring at the Airport, whether or not any such
accident is attended with injury to any person.
PART VI
OFFENCES
24. Any person who unlawfully damages any navigational,
safety or fuel storage facilities in or about any airport or inter-
feres with the landing or take-off of aircraft at any airport in such
manner as to endanger, or as might endanger the life of any
person, commits an offence and liable on conviction on indict-
ment to imprisonment for a term of ten years.
25. Any person who makes, either knowingly or recklessly,
any statement which is false in any material particular in any
return, claim or other document, which is required or authorised
to be made under this Act or any Regulations made thereunder
commits an offence and liable on summary conviction to a fine
of five thousand dollars and to imprisonment for a term of two
years, or to both such fine and imprisonment.
Accidents to be
reported.
Inquiries into ac-
cidents.
Damaging prop-
erty or interfering
with airport op-
erations in a man-
ner likely to en-
danger life.
False returns.
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26. Any person who, while on duty or lawfully employed on
any premises of the Authority, or on any aircraft or vehicle used
by or for the purposes of the Authority, endangers the safety of
any other person —
(a) by contravening of the provisions of this Act, or
any regulations made thereunder; or
(b) by contravening any lawful order, direction or rule
given in writing to such person, or made in respect
of his service; or
(c) by being under the influence of alcohol; or
(d) by any rash or negligent act,
commits an offence and liable on summary conviction to a
fine of five thousand dollars and to imprisonment for a
term of six months or to both such fine and imprisonment.
27. Any person who, with intent to defraud, demands or re-
ceives from any other person delivering goods for carriage or
warehousing by means of the Authority or from any other per-
son making use of the facilities provided by means of the Au-
thority, and greater or less amount than he should demand or
receive, commits an offence and liable on summary conviction
to a fine of five thousand dollars and to imprisonment for a term
of two years or to both such fine and imprisonment.
28. Any person who—
(a) being a trespasser on any premises of the Authority,
or upon any aircraft or vehicle used by or for the
purposes of the Authority, refuses to leave such
premises, aircraft or vehicle after being requested to
do so by an authorised employee or a member of the
Police Force;
(b) being on any premises of the Authority, or upon any
aircraft or vehicle used by or for the purposes of the
Authority—
(i) refuses when called upon by an authorised
employee or a member of the Police Force to
Person endanger-
ing safety of op-
erations.
Person
demanding
improper
amount.
Miscellaneous
summary
offences.
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give his name and address, or give a false
name or address, for the purpose of avoiding
prosecution; or
(ii) is in a state of intoxication or behaves in a
violent or offensive manner to the annoyance
of any other person; or
(iii) discharges any firearm or does anything which
may cause injury to any person on such pre-
mises or upon such aircraft or vehicle; or
(iv) commits any nuisance or act of indecency, or
uses abusive or bad language; or
(v) without lawful excuse, contravenes any law-
ful direction given by any authorised employee
or member of the Police Force; or
(vi) save with the express permission of the Board,
hawks, sells or exposes for sale any article or
touts, applies for or solicits customers of any
description; or
(vii) smokes in any part of such premises, aircraft
or vehicle bearing a notice that smoking is not
permitted in that part;
(c) writes, draws, or affixes any profane, obscene, in-
decent or abusive word, matter, representation or
character upon any premises of the Authority or
upon any aircraft or vehicle used by or for the pur
poses of the Authority;
(d) defaces the writings on any board or any notice
authorised to be maintained upon any premises of
the Authority or upon any aircraft or vehicle used
by or for the purpose of the Authority;
(e) damages or without lawful excuse interferes with
any property of the Authority;
(f) being a driver or conductor of any vehicle, disobeys
which upon premises of the Authority, any reason-
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able directions given by any authorised employee
or member of the Police Force;
(g) fails to deliver at the earliest possible opportunity
to any authorised employee any property, which
there is reason to believe has been lost or forgotten
or found on any premises of the Authority, or on
any aircraft or vehicle used by or for the purposes
of the Authority;
(h) willfully obstructs or impedes any other person in
the discharge of his duties arising out of his em-
ployment in or for the purposes of the Authority;
(i) gives or ofers to any other person money or money’s
worth for the purpose of avoiding payment of any
sum due to the Authority; or
(j) unlawfully removes any property of the Authority,
commits an offence and liable on summary conviction to a
fine, not exceeding five thousand dollars and to imprison-
ment for a term not exceeding six months, or to both such
fine and imprisonment.
29. (1) Any person who commits any offence mentioned in
section 24, section 25, section 26, or section 27 may be arrested
without warrant by any authorised employee or member of the
Police Force.
(2) Any person who commits any offence against this Act or
any regulations made thereunder, other than an offence men-
tioned in subsection (1), may be arrested without warrant by
any member of the Police Force if—
(a) there is reason to believe that such person will ab-
scond;
(b) he refuses on demand to give his name and ad-
dress; or
(c) there is reason to believe that the name and address
given by him are incorrect;
Power of arrest or
removal.
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Provided that, save where there is reason to believe that
such person will abscond, he shall, if his true name and
address are ascertained, be released on his executing a
bond without sureties for his appearance before a Magis-
trate when required.
(3) Any person who commits any of the offences set out in
section 28 may be required by an authorised employee or a member
of the Police Force to leave the premises, aircraft or vehicle, as the
case may be, in which such person is at the time of the commission
of the offence; and if such person fails to comply with such require-
ment he may be removed therefrom with such force as may be
reasonably necessary in the circumstances.
30. (1) The Board may, by writing authorize any person in-
cluding employees to maintain order upon any premises of the
Authority, or in any aircraft, or vehicle used by or for the pur-
poses of the Authority, or to carry out any other duty under this
Act or Regulation.
(2) For the purpose of this Act any such authorised person my
be appointed, a special constable by the Police Service Commis-
sion pursuant to section 72 of the Police A t (Cap.330) with such of
the powers, authorities, immunitions, duties and responsibilities as
are confered upon members of the Police force and subject only to
the provisions of Sections 74, 75 and 77 of the Police Act.
31. (1) Every person who, before the coming into force of this
Act, was a public officer, shall have the option —
(a) to apply to be seconded by the Government to the
service of the Authority; or
(b) to apply for employment by the Authority.
(2) A person who exercises the option in subsection (1) (b) and
becomes an employee of the Authority shall cease to be a public
officer from the date on which he is employed by the Board.
(3) Where a person exercises the option under subsection (1)
(b) and is employed by the Authority, any pension rights or
retiring award to which he may be entitled shall be placed on
hold from the date on which he ceases to be a Government
employee until he attains the compulsory retiring age under the
Pensions Act (Cap. 31) or the Pensions (Non-Established Gov-
ernment Employees) Act (Cap. 310), as the case may be.
Appointment of
Authorized per-
sons with powers
of Police.
Transitional pro-
visions.
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No. 17 of 2006. The Airport Authority Act, 2006. 17
(4) Settlement of all claims made in respect of service under
this section shall be executed in accordance with an agreement
which shall be entered into by the Authority and the govern-
ment under this subsection.
(5) The Minister may by regulations made under this Act
provide for such further transitional and saving provisions to
have effect in connection with the coming into operation of any
provision of this Act as is necessary or expedient.
(6) Regulations made under subsection (5) may be given re-
trospective operation to a day not earlier than the day this Act
comes into force.
(7) Subsections (5) and (6) shall expire one year after they
come into force.
PART VII
REGULATIONS
32. (1) The Minister may, on the recommendation of the Board,
make regulations for the management of airports and generally
for carrying out the purposes of this Act.
(2) Without prejudice to the generality of subsection (1) the
Minister may make regulations –
(a) prescribing the fees, charges and rates for services
and of facilities provided by the Authority;
(b) controlling the parking of motor vehicles at airports;
(c) controlling, restricting or prohibiting vehicular traf-
fic on roads, car parks or any part of an airport;
(d) immobilising and removing vehicles which are parked
without authority in places not permitted for the
parking of vehicles;
(e) prohibiting, restricting or regulating the carrying on
of any trade or business within any airport;
(f) granting licences to carry on any trade business at
any airport;
Regulations.
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No. 17 of 2006.18 The Airport Authority Act, 2006.
(g) prescribing fixed penalties to be paid by offenders
in lieu of proceedings before the courts.
33. The Minister may by Notice published in the Gazette
appoint a day on which this Act comes into force.
FIRST SCHEDULE
Section 3(2) and (3)
1. The Authority shall be governed by a Board of Directors
consisting of a Chairman, a Deputy Chairman and three other
persons to be appointed by the Cabinet from amongst persons
appearing to the Cabinet to be qualified by reason of having had
experience of and shown capacity in matters relating to trade,
law, finance, science, administration, tourism, labour relations,
transportation, or such other experience that may be applicable
and useful in the management of the Authority.
2. The Cabinet may appoint any person appearing to it to
have the qualifications necessary for appointment under the
provisions of paragraph 1, to act temporarily in the place of any
director in the case of the absence or inability to act of such
director.
3. In the absence or inability of the Chairman to perform the
functions assigned to him under this Act, the Deputy Chairman
shall perform the functions of the Chairman.
4. (1) A Director shall, subject to the provisions of this Act,
hold office for a period of three years and at the expiration of
such term may be eligible for re-appointment.
(2) The Cabinet may at any time revoke the appointment of
any Director if it thinks it expedient so to do.
5. (1) Any Director, other than the Chairman, may at any time
resign his office by instrument in writing addressed to the Cabi-
net and transmitted through the Chairman, and from the date of
the receipt by the Cabinet of such instrument such director shall
cease to be a director of the Authority.
(2) The Chairman may, at any time, resign his office by instru-
ment in writing addressed to the Cabinet and such resignation
Commencement.
Appointment of
Directors.
Temporary
appointments.
Chairman.
Tenure of
officer.
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No. 17 of 2006. The Airport Authority Act, 2006. 19
shall take effect as from the date of the receipt of such instru-
ment by the Cabinet.
6. The names of all directors as first constituted and every
change in the membership of directors shall be published in the
Gazette.
7. (1) The seal of the Authority shall be authenticated by the
signatures of the Chairman or one of the directors authorised by
the Board to act in that behalf.
(2) All documents other than those required by law to be
under seal, made by, and all decisions of the Authority may be
signified under the hand of the Chairman or any director
authorised by the Board to act in that behalf.
8. (1) The Board shall meet at such times as may be necessary
or expedient for the transaction of business, but shall meet at
least once every month. Such meetings shall be held at such
places and times and on such days as the Board may determine.
(2) The Chairman may at any time call a special meeting of the
Board and shall call a special meeting to be held within seven
days of a written request for that purpose addressed to him by
any three directors.
(3) The Chairman shall preside at all meetings of the Board of
Directors and in his absence the deputy chairman shall preside
at any such meeting of the Board.
(4) The quorum for the transactions of business at any meet-
ing of the Board shall be three Directors including the Chairman
or the Deputy Chairman.
(5) The decisions of the Board shall be by majority vote.
(6) Minutes in proper form for each meetingshall be kept and
shall be confirmed and shall be kept by the Board, as soon as
practicable thereafter at a subsequent meeting. Certified copies
of such minutes when so confirmed shall be forwarded to the
Minister.
(7) The Board may co-opt any one or more persons to attend
any particular meeting of the Board for the purpose of assisting
or advising the Board, but no such co-opted person shall have
any right to vote.
Publication of
membership.
Authentication
of seal and
document.
Procedure and
meetings.
ANTIGUA
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No. 17 of 2006.20 The Airport Authority Act, 2006.
(8) Subject to the provisions of this Act the Board may regu-
late its own procedure.
(9) The validity of any proceeding of the Board shall not be
affected on the ground –
(a) of the existence of any vacancy in the membership,
or of any defect in the constitution of the Board; or
(b) of the contravention by a director of the provisions
of section 6; or
(c) of any omission, defect or irregularity not affecting
the merits of the case.
9. (1) The Board may appoint a committee to examine and
report to it on any matter whatsoever arising out of or con-
nected with any of its powers and duties under this Act.
(2) Any such committee shall consist of at least one member
of the Board together with such other person, whether members
of the Board or not, whose assistance or advice the Board may
desire.
(3) Where persons, not being members of the Board, are mem-
bers of a committee appointed under this paragraph, or where
any person is co-opted under the provisions of subparagraph
(7) of paragraph 8 the Board may with the approval of the Min-
ister by resolution declare the remuneration and allowances of
such persons, and such sums shall be payable out of the funds
and resources of the Authority.
(4) The Board may by resolution reject the report of any such
committee or adopt it either wholly or with such modifications,
additions or adaptations as the Board may think fit.
10. There shall be paid to the Chairman and other directors
such remuneration, if any, as the Cabinet may determine.
11. (1) No action, suit, prosecution, or other proceedings
shall be brought or instituted personally against any member of
the Board in respect of any act done bona fide in or execution or
intended execution of this Act.
Power of Board to
appoint commit-
tees.
Protection of di-
rectors.
Remuneration of
directors.
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No. 17 of 2006. The Airport Authority Act, 2006. 21
(2) Where any member of the Board is exempt from liability by
reason only of the provisions of this paragraph, the Board shall
be liable to the extent that it would be if the said member was a
servant or agent of the Authority.
SECOND SCHEDULE
1. (1) Subject to the provisions of this Act, the Board may
appoint and employ at such remuneration and on such terms
and conditions as it thinks fit, an accountant and such other
employees as may be necessary and proper for the due and
efficient administration, management and performance by the
Board of its functions under this Act.
(2) The Board may, with the approval of and subject to such
terms and conditions as may be imposed by the Cabinet, pro-
vide for the establishment and maintenance of a Pension Scheme
or a Provident Fund Scheme for the benefit of employees of the
Authority, and in every such scheme different provisions may
be made for different classes of employees.
2. (1) The emoluments of any public officer who is in the
service of the Authority shall, at the end of every month after
the commencement of this Act, be paid into the Consolidated
Fund by the Authority for the benefit of such public officers.
(2) The sums payable as contributions by Government under
the Social Security Act and the Medical Benefits Act in respect
of such public officers shall at the end of every month after the
commencement of this Act be paid into the Consolidated Fund
by the Authority and such sums shall be paid by Government to
the respective Statutory Authoities.
(3) The Board shall, within three months after the end of each
financial year, pay to the Government in respect of such public
officers as a contribution to the pension and other rights of
such public officers under the Pension Act and the Pensions
(Non-Established Government employee) Act such sum or sums
of money as would have been due by Government in respect of
the accruing pension and other rights of such public officers
under the Pension Act or the Pensions (Non-Established Gov-
ernment Employees) Act had such public officers not been in
the service of the Authority.
Appointment of
e ployees and
establishment and
maintenance of
superannuat ion
schemes.
Payment by Au-
thority to govern-
ment in respect of
emoluments and
pensions, etc.
Cap. 310.
Cap. 311.
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No. 17 of 2006.22 The Airport Authority Act, 2006.
________
Printed at the Government Printing Office, Antigua and Barbuda,
by Eric T. Bennett, Government Printer
— By Authority, 2006.
800—12.06 [ Price $8.90 ]
Passed by the House of Representatives
this 11th day of September, 2006.
D. Giselle Isaac-Arrindell,
Speaker.
Yvonne Henry,
Clerk to the House of Representatives.
Passed by the Senate this
13th day of October, 2006.
Hazlyn M. Francis,
President.
Yvonne Henry,
Clerk to the Senate.
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No. 17 of 2006. The Airport Authority Act, 2006. 23
ANTIGUA AND BARBUDA
THE AIRPORT AUTHORITY ACT 2006
ARRANGEMENT OF SECTIONS
Section
PART I – PRELIMINARY
1. Short title
2. Interpretation
PART II – THE AUTHORITY
3. Establishment and constitution of Authority
4. Functions of Authority
5. Vesting certain property, rights and liabilities in the Authority
6. Disclosure of interest
7. Appointment of Chief Executive Officer and staff of the Authority
8. Power of Authority to delegate
9. Power of Minister to give policy directions
PART III – FINANCIAL PROVISIONS
10. Funds and resources
11. Powers of Authority to borrow money
12. Application of funds and resources
13. Authorised investments
14. Board to pay portion of profits to consolidated fund
15. Rates, etc. chargeable by Authority
16. Accounts and audit
17. Authority to operate a bank account
18. Rules
19. Annual report
20. Exemption from customs duty, consumption tax, income tax and
property tax
TARIFF BOOK
IV – GENERAL
21. Tariff book etc.
PART V – ACCIDENTS
22. Accidents to be reported
23. Inquiries into accidents
PART VI – OFFENCES
24. Damaging property or interfering with airport operations in a
manner likely to endanger life
25. False returns
26. Person endangering safety of operations
27. Persons demanding improper amount
28. Miscellaneous summary offences
29. Power of arrest or removal
30. Appointment of authorized persons with powers of police
31. Transitional Provisions
PART VII – REGULA TIONS
32. Regulations
33. Commencement
FIRST SCHEDULE
SECOND SCHEDULE
