Transport Act, 1944
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —This Act may be cited as the Transport Act, 1944.
num: 2
paragraphs: —(1) In this Act—
the expression “the Advisory Committee” means the Transport Advisory Committee established by this Act;
the expression “the Company” means CÃ³ras Iompair Ãireann;
the expression “dissolved company” means any company being either—
(a) the Great Southern Railways Company, or
(b) the Dublin United Transport Company, Limited;
the expression “the dissolved railway company” means the Great Southern Railways Company;
the expression “the dissolved transport company” means the Dublin United Transport Company, Limited;
the expression “the Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;
the expression “the establishment date” means the 1st day of January, 1945;
the expression “local authority” means any authority being—
(a) the council of a county, or
(b) the corporation of a county or other borough, or
(c) the council of an urban district.
the word “merchandise” includes goods, minerals, live stock, and animals of all descriptions;
the expression “the Minister” means the Minister for Industry and Commerce;
the word “prescribed” means prescribed by regulations made by the Minister.
(2) The expression “this Part” where it occurs in any section contained in a particular Part of this Act shall be construed as meaning the said Part.
(3) The expression “this Chapter” where it occurs in any section contained in a particular Chapter of a particular Part of this Act shall be construed as meaning the said Chapter.
(4) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.
num: 3
paragraphs: —An offence under any section of this Act may be prosecuted by the Minister.
num: 4
paragraphs: —The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed.
num: 5
paragraphs: —The enactments set out in the First Schedule to this Act are hereby repealed as on and from the establishment date to the extent specified in the third column of that Schedule.
num: 6
paragraphs: —(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(2) Any expenses incurred by the Minister for Agriculture under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 7
paragraphs: —In this Part—
the expression “common stock” means common stock of the Company;
the expression “common stockholder” means a person who is the holder of common stock;
the expression “debenture stock” means redeemable debenture stock of the Company;
the expression “substituted common stock” means common stock deemed by virtue of section 14 of this Act to have been duly created and issued;
the expression “substituted debenture stock” means debenture stock deemed by virtue of section 14 of this Act to have been duly created and issued;
the expression “substituted stock” means stock which is—
(a) substituted debenture stock, or
(b) substituted common stock.
num: 8
paragraphs: —(1) The following enactments, so far as applicable and as varied by this Part, are incorporated with, and form part of, this Part, that is to say:—
(a) the Companies Clauses Consolidation Act, 1845 , except sections 39, 85, 91, 93, 94, 109, 161 and 162,
(b) Part II and Part III (except sections 22, 25 and 26) of the Companies Clauses Act, 1863 ,
and for the purposes of such incorporation this Part shall be deemed to be a special Act.
(2) Part V of the Railways Clauses Act, 1863 , is, subject to the provisions of this Part, incorporated with, and forms part of, this Part, and in the construction of the said Part V for the purposes of such incorporation—
(a) this Part shall be deemed to be a special Act,
(b) the dissolved transport company shall be deemed to be a railway company, and
(c) section 54 of the said Act shall have effect as if the words “until the expiration of twelve months after the time of amalgamation or” and the words “whichever first happens” were not contained therein.
num: 9
paragraphs: —(1) The several persons who on the establishment date become, by virtue of this Part,' the registered holders of substituted common stock and their executors, administrators and assigns shall be and are hereby united into a company and shall be and are hereby incorporated by the name of CÃ³ras Iompair Ãireann and by that name shall be a body corporate with perpetual succession and a common seal with power to purchase, take, hold and dispose of lands and other property for the purposes of the Company.
(2) This section shall come into operation on the establishment date.
num: 10
paragraphs: —(1) The purposes of the Company shall be—
(a) to operate transport services,
(b) to carry on any ancillary or supplementary business, including the manufacture, repair and maintenance, for itself or any other person, of transport vehicles (including engines) and parts and equipment thereof.
(2) The Company may, with the sanction of the Minister, by agreement acquire, by purchase or by the exchange of stock of the Company the whole or any part of any transport undertaking carried on by any other person and the property and assets used in or in connection with such undertaking.
(3) Any person carrying on a transport undertaking may, notwithstanding any enactment, sell, with the consent of the Minister, the whole or any part of, or share in, that undertaking to the Company.
(4) The Company may—
(a) carry on any hotel which was, immediately before the establishment date, carried on by a dissolved company;
(b) carry on a hotel in the vicinity of the route of any of its transport services and for that purpose acquire any interest in land and (if necessary) erect buildings thereon;
(c) do all such things in relation to its hotels as might be done by an individual;
(d) dispose of any of its hotels and of any interest in any land held by it in connection with its hotels.
(5) In this section—
the word “hotel” includes a restaurant, refreshment rooms and similar undertakings;
the expression a “transport services” means transport services by railway, tramway, inland navigation, sea, air or road;
the expression “transport undertaking” means any undertaking operating any public transport service.
num: 11
paragraphs: —(1) On the establishment date the dissolved railway company and the dissolved transport company respectively shall, subject to the provisions set out in the Second Schedule to this Act, be, by virtue of this section, dissolved.
num: 12
paragraphs: —On the establishment date the several undertakings of each dissolved company shall, by virtue of this section, be transferred to, and vest in, and become the undertakings of the Company.
num: 13
paragraphs: —The capital of the Company, which shall be created and issued in accordance with this Part, shall not exceed twenty million pounds of which—
(a) not more than sixteen million pounds shall consist of debenture stock, and
(b) not more than four million pounds shall consist of common stock.
num: 14
paragraphs: —(1) On the establishment date, but subject to subsection (2) of this section,—
num: 15
paragraphs: —(1) Any holder of stock of a dissolved company who delivers to the Secretary of the Company the certificate or certificates of such stock to be cancelled shall be entitled without payment to receive from the Company in substitution for the certificate or certificates so delivered a certificate of the substituted stock which is allocated to such holder by section 14 of this Act in substitution for the stock of which the certificate or certificates are so delivered, but until such substitution the certificates of stock of the dissolved companies shall, subject to subsection (2) of the said section 14 , be deemed to be certificates of stock of the Company which is allocated by the said section 14 to holders of stock of the dissolved companies.
(2) If any certificate of stock of any dissolved company in substitution for which any substituted stock is allocated by section 14 of this Act is lost or destroyed, then upon proof of such loss or destruction and upon an indemnity being given to the reasonable satisfaction of the directors of the Company against any claim in respect of such certificate, the Company shall deliver to the person entitled to such certificate a certificate of the substituted stock allocated to him by the said section 14 .
(3) Stock of the Company substituted by virtue of section 14 of this Act for stock of any dissolved company shall be held upon and subject to the same trusts, liens, charges, powers and other legal or equitable rights, privileges, and restrictions as affected the stock for which, by virtue of the said section 14 , the stock of the Company is substituted and any reference in any statute, deed, will, codicil, book, document, instrument or writing to the stock of that dissolved company shall be deemed, as on and from the establishment date, to be a reference to the stock of the Company substituted therefor by virtue of the said section 14 .
(4) Any person (being a trustee or executor or acting in any representative or fiduciary capacity) who, immediately before the establishment date, is the holder of any stock of a dissolved company for which any stock of the Company is substituted by virtue of section 14 of this Act may hold, dispose of or otherwise deal with the substituted stock in all respects as he might have held, disposed of or otherwise dealt with the stock for which it is so substituted.
num: 16
paragraphs: —(1) For the purposes of providing money or paying off or redeeming any debenture stock, or for the purposes of the acquisition, by means of the exchange of debenture stock, of any transport undertaking which the Company is authorised to acquire, the directors of the Company, with the previous sanction of the Minister given after consultation with the Minister for Finance, may from time to time create and issue debenture stock, so however that the total amount of the debenture stock (including substituted debenture stock) created and issued does not exceed sixteen million pounds.
(2) In calculating, for the purposes of subsection (1) of this section, the total amount of debenture stock (including substituted debenture stock) created and issued, account shall be taken of any debenture stock which has been redeemed.
num: 17
paragraphs: — (1) Substituted debenture stock shall bear interest at the rate of 3 per cent. per annum and the said interest shall be payable half-yearly on the 15th day of July and the 15th day of January in each year in respect of the half-year ending on the immediately preceding 30th day of June and 31st day of December respectively.
(2) The following provisions shall apply in relation to the redemption of substituted debenture stock, that is to say:—
(a) it may be redeemed at par in cash on the 30th day of June, 1955, or on any 31st day of December, or 30th day of June thereafter,
(b) if it is not redeemed before the 30th day of June, 1960, it shall be redeemed at par in cash on that date,
(c) it shall not be redeemed on any 30th day of June (other than the 30th day of June, 1960) or 31st day of December except upon six months' notice of intention to redeem.
(3) Debenture stock (other than substituted debenture stock) may be created and issued from time to time subject to such terms and conditions as regards the rate and payment of interest thereon and the redemption thereof as the Minister for Finance may approve.
(4) The terms and conditions on and subject to which any debenture stock is to be redeemed shall be stated on each certificate of such debenture stock.
num: 18
paragraphs: —(1) The Minister for Finance shall, in respect of substituted debenture stock or in respect of any other debenture stock proposed to be created and issued, guarantee in such manner and in such form as he thinks proper, the due payment, in accordance with the terms of such debenture stock, of the principal moneys and, subject to subsection (2) of this section, interest secured by such debenture stock.
(2) Where debenture stock bearing a rate of interest exceeding three per cent. per annum is created and issued, the Minister for Finance shall guarantee the due payment of interest thereon to the extent of three per cent. per annum only.
(3) All moneys from time to time required by the Minister for Finance to meet sums which may become payable under any guarantee given by him under this section shall be advanced out of the Central Fund or the growing produce thereof.
(4) For the purpose of providing moneys for the sums advanced out of the Central Fund under this section the Minister for Finance may borrow from any person any sum or sums, and for the purpose of such borrowing the said Minister may create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit, and shall pay the moneys so borrowed into the Exchequer.
(5) The principal of and interest on any securities issued by the Minister for Finance under this section and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof.
(6) Any sums advanced out of the Central Fund or the growing produce thereof for the purposes mentioned in subsection (3) of this section shall be repaid to the Central Fund (with interest thereon at such rates as the Minister for Finance shall appoint) by the Company within twelve months from the date of the advance.
(7) Where the whole or any part of the sums advanced out of the Central Fund or the growing produce thereof for the purposes mentioned in subsection (3) of this section has not been repaid by the Company to the Central Fund in accordance with subsection (6) of this section, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.
(8) The provision of moneys by the Oireachtas under subsection (7) of this section shall not exempt the Company from the liability to repay to the Central Fund, with interest thereon at the rate appointed by the Minister for Finance, the full amount of any advance made under subsection (3) of this section, but such repayment shall be made by the Company at such times and in such instalments as the Minister for Finance may appoint.
(9) The Minister for Finance shall, as soon as may be after the 31st day of March, 1945, lay before each House of the Oireachtas a statement, in such form as he thinks proper, setting out, as respects each guarantee given by him under this section during the period commencing on the establishment date and ending on the 31st day of March, 1945—
(a) particulars of the debenture stock so guaranteed,
(b) in case any sum has been paid by him under such guarantee before the 1st day of April, 1945—
(i) the amount thereof,
(ii) the amount (if any) repaid under subsection (6) of this section to the Central Fund on foot of such payment,
(c) the amount which the said Minister would, if such guarantee were enforced on the 1st day of April, 1945, be liable to pay as principal thereunder.
(10) The Minister for Finance shall, as soon as may be after the expiration of each financial year, ending on or after the 31st day of March, 1946, lay before each House of the Oireachtas a statement, in such form as he thinks proper, setting out—
(a) as respects each guarantee given by him under this section during such financial year—
(i) particulars of the debenture stock so guaranteed,
(ii) in case any sum has been paid by him under such guarantee before the end of such financial year—
(I) the amount thereof,
(II) the amount (if any) repaid under subsection (6) of this section to the Central Fund on foot of such payment
(iii) the amount which the said Minister would, if such guarantee were enforced immediately upon the expiration of such financial year, be liable to pay as principal thereunder,
(b) as respects each guarantee given by him under this section before, and in force at, the commencement of such financial year—
(i) particulars of the debenture stock so guaranteed,
(ii) in case any sum has been paid by him under such guarantee, before the end of such financial year—
(I) the amount thereof,
(II) the amount (if any) repaid under subsection (6) of this section to the Central Fund on foot of such payment,
(iii) the amount which the said Minister would, if such guarantee were enforced immediately upon the expiration of such financial year, be liable to repay as principal thereunder.
num: 19
paragraphs: —The Company may from time to time create and issue common stock, so however that the total amount of common stock (including substituted common stock) created and issued does not exceed four million pounds.
num: 20
paragraphs: — The dividend on the common stock in respect of any year shall be payable only out of the profits of the Company applicable to the payment of dividends in that year and shall not exceed six per cent.
num: 21
paragraphs: —All interest on debenture stock or dividends on common stock unclaimed for one year after having become due or declared may be invested or otherwise made use of by the directors of the Company for the benefit of the Company until claimed.
num: 22
paragraphs: —(1) After providing for the payment of interest on debenture stock and for other fixed charges and obligations, the Company shall from time to time set aside such sums as it considers proper for the purpose of forming a fund for the redemption of any of its debenture stock which under the conditions of issue is redeemable wholly or partly in cash.
(2) The Company may invest any sum set aside under subsection (1) of this section and the income therefrom in—
(a) such securities for the time being authorised by law for the investment of trust funds as the Company, after consultation with the Minister for Finance, thinks proper;
(b) such other securities for the time being approved of in that behalf by the Minister for Finance as the Company thinks proper.
(3) All sums set aside under subsection (1) of this section together with the income therefrom shall be applied in or towards the redemption at maturity of any debenture stock for the redemption of which they have been set aside or may, if the directors of the Company think fit, be applied to the purchase of any such debenture stock at a price (excluding accrued interest therein) which, except with the approval of the Minister for Finance, shall not exceed the redemption price, and any debenture stock so purchased shall be written off and cancelled.
num: 23
paragraphs: —In addition to its powers of borrowing temporarily by means of the issue of debenture stock the Company may borrow temporarily by arrangement with bankers such sums as it may require for meeting its obligations and carrying out its duties, but the total amount borrowed under this section shall not at any time exceed five hundred thousand pounds.
num: 24
paragraphs: —On and after the establishment date all unexercised powers of raising money conferred on the dissolved companies shall cease to be exercisable.
num: 25
paragraphs: —If any money is payable by the Company to a holder, who is a minor or a person of unsound mind, of stock of the Company, the receipt of the guardian or committee of his estate shall be a sufficient discharge to the Company.
num: 26
paragraphs: —(1) The accounts with respect to its railway undertaking to be rendered by the Company under the Railway Companies (Accounts and Returns) Act, 1911 , shall be compiled in such manner as may be prescribed by the Minister after consultation with the Company.
(2) It shall be the duty of the Company to compile and render to the Minister in such manner and form as he may direct such accounts, statistics and returns as he may require.
(3) For the purpose of this Act the Minister or any officer duly authorised by him shall have power to make such investigations into the affairs of the Company as he may deem necessary, and shall have access to the books, accounts and returns of the Company, and the officers and servants of the Company shall afford to the Minister or any such duly authorised officer such facilities as he may require.
(4) The powers of the Minister under this section shall be in addition to and not in derogation of any powers of holding enquiries conferred on him under this or any other Act.
(5) In· the event of non-compliance on the part of the Company with any requirement of this section, the requirement shall be enforceable by order of the High Court on the application of the Minister.
(6) Nothing in this section shall be interpreted as authorising any limitation of or interference with the control of the Company over the purposes to which its expenditure is to be applied.
(7) Regulations made by the Minister for the purposes of Section 69 of the Railways Act, 1924 (No. 29 of 1924), and in force immediately before the establishment date shall continue in force and shall have effect as if made under this section.
num: 27
paragraphs: —The Minister shall cause a copy of the audited accounts of the Company for each year and a copy of any report by the auditors thereon to be laid before each House of the Oireachtas.
num: 28
paragraphs: —(1) The Company shall, not later than twenty-one days before the ordinary meeting of the Company to be held in any year (other than the year 1945), forward to every holder of stock of the Company a copy of the accounts (prepared in such form as the Minister may direct for the purposes of this section) of the Company for the immediately preceding year.
(2) So much of subsection (3) of section 1 of the Railway Companies (Accounts and Returns) Act, 1911 , as requires an incorporated railway company to forward a copy of the accounts and returns to any shareholder or debenture holder of the company who applies for a copy shall not apply to the Company.
num: 29
paragraphs: —(1) For the period commencing on the establishment date and ending on the date of the first ordinary meeting of the Company the auditors shall be nominated by the directors of the Company.
(2) The Company shall at each ordinary meeting appoint the auditor or auditors and the auditor or auditors so appointed at any ordinary meeting shall hold office until the next ordinary meeting of the Company.
(3) If no auditor or auditors are appointed at an ordinary meeting of the Company, the Minister may, on the application of any common stockholder, appoint an auditor to hold office until the next ordinary meeting of the Company and fix the remuneration to be paid to him by the Company.
(4) A director or officer of the Company shall not be eligible for election as auditor.
(5) No person (other than a retiring auditor) shall be appointed an auditor at an ordinary meeting of the Company unless notice of intention to nominate that person has been given by a common stockholder not less than twenty-one days before the meeting and a copy of the notice has been given by the Company to the retiring auditors and to the common stockholders of the Company not less than seven days before the meeting.
num: 30
paragraphs: —The ordinary meeting of the Company shall be held not later than the 31st day of March of each year, and the first ordinary meeting of the Company shall be held in 1945.
num: 31
paragraphs: —The quorum for a meeting of the Company shall be—
(a) fifty common stockholders present in person or by proxy, or
(b) twenty common stockholders present in person or by proxy and representing in the aggregate common stock of a nominal value of not less than one hundred thousand pounds.
num: 32
paragraphs: —At all general meetings of the Company every registered common stockholder shall be entitled to one vote for every pound of common stock held by him.
num: 33
paragraphs: —Except as otherwise provided by this Act, the choice and removal of the directors and of the auditors, the determination as to the remuneration of the directors and of the auditors and the declaration of dividends (other than interim dividends) shall be exercised only at a general meeting of the Company.
num: 34
paragraphs: —(1) Where several persons are jointly entitled to and registered as holders of common stock, any one of those persons may vote at any meeting of the Company either personally or by proxy, in respect of the common stock, as if he were solely entitled thereto, but if more than one joint holder be present at any meeting personally or by proxy, that one of the said persons so present whose name stands first on the register in respect of the stock shall alone be entitled to vote in respect thereof.
(2) Two or more executors or administrators of a deceased person, in whose name common stock stands, shall for the purposes of this section be deemed to be joint holders thereof.
num: 35
paragraphs: —(1) The attorney of any common stockholder duly authorised in writing may appoint a proxy (being, in case that common stockholder is a body corporate, a member of that body corporate or a common stockholder or, in any other case, a common stock holder) to vote for and on behalf of that common stockholder and for that purpose may execute on behalf of that common stockholder the necessary form of proxy.
(2) Where a proxy is appointed under a power of attorney, the power of attorney shall be transmitted to the Secretary of the Company at the same time as or before the instrument appointing the proxy.
num: 36
paragraphs: —(1) The directors of the Company may close the register of the transfers of common stock for a period not exceeding twenty-one days previous to each ordinary meeting and each meeting of the directors of the Company at which it is proposed to consider the declaration of an interim dividend.
(2) The directors of the Company may close the register of transfers of debenture stock of a particular issue for a period not exceeding twenty-one days previous to any day on which interest on that debenture stock is payable.
(3) Seven days' notice of the closing of any registers of the transfers of stock under this section shall be given by advertisement in each of the daily morning newspapers for the time being published in Dublin or in Cork.
num: 37
paragraphs: —(1) The Company shall be directed by a board of directors (in this Chapter and in the Fourth Schedule to this Act referred to as the Board) which shall consist of—
(a) a chairman (in this Act referred to as the Chairman),
num: 38
paragraphs: —The Board shall be paid out of the funds of the Company as remuneration for their services such sums as the Company at a general meeting may from time to time determine, and such remuneration shall be divided amongst the directors in such proportions and in such manner as the Board may determine.
num: 39
paragraphs: —(1) The Minister shall, before the establishment date and thereafter as circumstances require, appoint a person to be Chairman and the term of office of the first Chairman shall commence on the establishment date.
(2) The Chairman shall, unless he sooner dies, resigns or is removed from office, hold office for such term as the Minister, after consultation with the Minister for Finance, may fix at the time of his appointment.
(3) Subject to the provisions of this section, the Chairman shall hold office on such conditions as the Minister shall fix at the time of his appointment.
(4) Whenever the Minister appoints a person to be Chairman, he shall, as soon as may be, lay before each House of the Oireachtas a statement setting out that person's name, his term of office and the conditions upon which he is to hold office.
(5) The Chairman may at any time resign his office by giving notice to the Minister of his intention to resign his office on a date specified in the notice (being not less than three months after the notice is so given) and his resignation shall take effect as on and from the date so specified.
(6) Every person whose term of office as Chairman expires by effluxion of time shall be eligible for re-appointment.
(7) The Minister may at any time for stated reasons and shall, if the Chairman contravenes (by omission or act) any of the provisions of subsection (9) of this section by order remove the Chairman from office and any such order shall be laid before each House of the Oireachtas.
(8) The Chairman shall while holding office be disqualified from being nominated or elected and from sitting as a member of DÃ¡il Eireann or Seanad Eireann.
(9) (a) Every person appointed to be Chairman shall, within three months of his appointment, absolutely sell or otherwise dispose of all common stock which he shall at the time of his appointment own or be interested in for his own benefit;
(b) if and whenever any common stock shall come to or become vested in the Chairman by will or succession for his own benefit, he shall, within three months after it shall have so come to or become vested in him, absolutely sell or otherwise dispose of it or his interest therein;
(c) the Chairman shall not for his own benefit purchase, take or become interested in any common stock.
(10) If the Minister is at any time of opinion that the remuneration of the Chairman is for the time being insufficient he may direct that the remuneration of the Chairman shall be increased by such amount as the Minister, after consultation with the Minister for Finance, thinks fit, and the remuneration of the Chairman shall be increased accordingly, and such increase shall be payable by the Company.
(11) Whenever the Minister gives a direction under subsection (10) of this section, he shall, as soon as may be, lay before each House of the Oireachtas a copy of the direction.
(12) Whenever the Chairman is through ill-health or other sufficient cause temporarily incapacitated from performing the duties of his office, the Minister may nominate a person to perform during such incapacity the duties of the Chairman and the person so appointed shall during such incapacity have all the powers of the Chairman and be deemed for the purposes of section 37 of this Act to be the Chairman.
(13) There shall be paid by the Company to any person nominated under subsection (12) of this section such remuneration as the Minister, after consultation with the Minister for Finance, may appoint, and such remuneration shall, in case such person is a stockholders' director of the Company, be in addition to his remuneration as a stockholders' director.
num: 40
paragraphs: —(1) The Board may from time to time appoint one of the Board to be managing director of the Company, either for a fixed term or without any limitation as to the period for which he is to hold such office and may from time to time (subject to the provisions of any contract between him and the Company) remove or dismiss him from office and appoint another in his place.
(2) If a managing director of the Company ceases to be a member of the Board he shall ipso facto and immediately cease to be a managing director.
(3) The remuneration (which shall be by way of fixed salary and not otherwise) of a managing director of the Company shall from time to time be fixed by the Board.
(4) The Board may from time to time entrust to and confer upon a managing director of the Company for the time being such of the powers exercisable by the Board as the Board think fit, and may confer such powers for such time and to be exercised for such objects and purposes, and upon such terms and conditions and with such restrictions as the Board think expedient, and the Board may confer such powers, either collaterally with, or to the exclusion of, and in substitution for all or any of the powers of the Board in that behalf, and may from time to time revoke, withdraw, alter, or vary all or any of such powers.
num: 41
paragraphs: —The provisions set out in the Fourth Schedule to this Act shall apply in respect of the stockholders' directors.
num: 42
paragraphs: —(1) The Company shall pay to any person who is, immediately before the ordinary meeting of the Company to be held in 1945, a stockholders' director and who resigns his office not later than seven days after that meeting a sum equal to—
(a) in case he was a director of one dissolved company only, the fees received by him as director of that dissolved company during the appointed period.
(b) in case he was a director of both the dissolved companies, the fees received by him as director of each of the dissolved companies during the appointed period.
(2) The Company shall pay to any person who—
(a) was a director of both the dissolved companies, and
(b) is a stockholders' director immediately before the ordinary meeting of the Company to be held in 1945, and
(c) does not resign his office as a stockholders' director within seven days after that meeting,
a sum equal to the fees received by him as a director of the dissolved transport company during the appointed period.
(3) Where a person was, immediately before the establishment date, the managing director of the dissolved transport company, then, in calculating for the purposes of this section the fees received by him as director of the said company during the appointed period, no account shall be taken of the remuneration payable to him during the appointed period as managing director.
(4) In this section, the expression “the appointed period” means the period of two years expiring on the day before the establishment date.
num: 43
paragraphs: —(1) (a) Where—
(i) a person was, on the 1st day of July, 1944, an officer or servant of either dissolved company, and
(ii) that person has not, before the establishment date, become a pensioner or annuitant by reason of his service in that company, or voluntarily retired or been removed from the service of that company by reason of misconduct or incapacity, and
(iii) that person's office or situation is abolished after the said 1st day of July, 1944, and whether before, on or after the establishment date, and
(iv) the said office or situation is abolished directly and solely in anticipation of or as the result of the amalgamation effected by this Part,
num: 44
paragraphs: —(1) The Company may prepare and submit to the Minister and shall, if so required by the Minister, submit to the Minister within such time as he may direct, a scheme (in this section referred to as a superannuation scheme) for establishing on a contributory basis a superannuation fund for the benefit of the employees or any particular class of the employees of the Company.
(2) Where a superannuation scheme is submitted to the Minister under subsection (1) of this section, the Minister may refer the scheme back to the Company for reconsideration and fresh submission or by order confirm the scheme either without modification or with such modifications (whether by way of addition, omission or variation) as the Minister thinks proper.
(3) The Company may whenever it thinks proper prepare and submit to the Minister a scheme (in this section referred to as an amending superannuate scheme) amending (whether by addition, omission or variation) a superannuation scheme confirmed by the Minister or amending (whether by addition, omission or variation) or revoking an amending superannuation scheme for the time being in force, and the provisions of subsection (2) of this section shall apply and have effect in relation to every amending superannuation scheme.
(4) Before confirming any superannuation scheme or amending superannuation scheme, the Minister shall hear all parties desirous of being heard and appearing to him to be interested therein.
(5) No superannuation scheme or amending superannuation scheme shall become operative unless and until it has been confirmed by order of the Minister, but, upon being so confirmed, shall come into operation on the date specified in that behalf in the order of the Minister confirming it and shall as on and from that date have the force of law in the form in which it was so confirmed.
(6) A fund set up for the purposes of a superannuation scheme shall be deemed to be set up under an irrevocable trust.
num: 45
paragraphs: —(1) In this section the expression “existing superannuation fund” means, in relation to a dissolved company, any superannuation, pension, provident, widows' and orphans' or other benefit fund or scheme established by that dissolved company or, if that dissolved company is the dissolved railway company, by an absorbed company or an amalgamated company within the meaning of the Railways Act, 1924 (No. 29 of 1924), and in existence immediately before the establishment date, and includes the Railway Clearing System Superannuation Fund.
(2) Subject to the provisions of this section, every existing superannuation fund of a dissolved company and the management thereof shall, on and after the establishment date, continue as if that dissolved company had not been dissolved by this Act.
(3) The following provisions shall have effect in relation to every existing superannuation fund established in the year 1944:—
(a) the Company shall submit to the Minister within one month after the establishment date the scheme relating to such fund;
(b) the Minister may refer the scheme back to the Company for reconsideration and fresh submission or by order confirm the scheme either without modification or with such modifications (whether by way of addition, omission or variation) as the Minister thinks proper;
(c) before confirming the scheme, the Minister shall hear all parties desirous of being heard and appearing to him to be interested therein;
(d) the scheme shall, if not so confirmed within three months after the establishment date, cease to be in force but without prejudice to the validity of anything previously done thereunder.
(4) For the purposes of any statutory enactment and of rules and regulations relating to any existing superannuation fund of a dissolved company, the following provisions shall, on and after the establishment date, have effect, that is to say:—
(a) any power of that dissolved company or the directors or any officer thereof in relation to the said fund may be exercised by the Company or its directors or any officer thereof,
(b) the service or employment or dismissal under or by the Company of any officer or servant of that dissolved company who is transferred, by virtue of this Act, to the Company shall be deemed to be service or employment or dismissal under or by that dissolved company,
(c) where under the rules of the said fund the directors of that dissolved company are empowered to appoint officers and servants of that dissolved company to any managing committee, the directors of the Company in exercising those powers shall appoint officers or servants of the Company who are members of the said fund or who, but for the dissolution of the dissolved company effected by this Act, would have been eligible for appointment to such managing committee.
(5) The obligations, whether obtaining legally or by customary practice, of any dissolved company in respect of any existing superannuation fund of that dissolved company and in respect of every member of the said existing superannuation fund shall be binding on the Company.
(6) All persons who are or have been members of any existing superannuation fund of a dissolved company and all persons claiming in right of any such members, shall be entitled to the same benefits, rights and privileges and subject to the same obligations, whether obtaining legally or by customary practice, as such persons would have been or might have become entitled or subject to, if that dissolved company had not been dissolved by this Act.
(7) Any person who—
(a) is in the service of any dissolved company immediately before the establishment date,
(b) is not a member of any existing superannuation fund of that dissolved company,
shall, so long as he remains in the service of the Company, have the same right (if any) to become a member of any such fund as he would have had if that dissolved company had not been dissolved by this Act and if he had remained in the service of that dissolved company, but save as aforesaid no person shall be entitled to become a member of any existing superannuation fund established before the 1st day of August, 1943, of a dissolved company who was not so entitled immediately before the establishment date.
(8) Notwithstanding anything contained in this section the Company may, if it so thinks fit, at any time cease to contribute to the Railway Clearing System Superannuation Fund.
(9) An existing superannuation fund of a dissolved company shall be deemed to have been set up under an irrevocable trust.
num: 46
paragraphs: —(1) The Company may establish and support, or aid in the establishment and support of, associations, clubs, institutions, funds, trusts and conveniences calculated to promote the welfare of employees or ex-employees of the Company or the dependants or connections of all or any such employees or ex-employees.
(2) The Company may make payments towards insurance for the benefit of all or any of its employees or ex-employees or the dependants or connections of all or any of such employees or ex-employees.
num: 47
paragraphs: —(1) Save as is hereinafter provided in this section, all appointments to any office or situation in the clerical grades of the service of the Company shall be made by means of open competitive examination in accordance with regulations made by the Company.
(2) Irish shall be a compulsory subject at every open competitive examination held in pursuance of this section.
(3) Every open competitive examination held in pursuance of this section shall be open to all persons who are ordinarily resident within the national territory or who are Irish citizens or the children of Irish citizens and who pay the fees and possess the qualifications as to age, health and character prescribed by the regulations relating to the examination.
(4) The Company may by special regulation provide that such proportion as may be approved by the Minister of the vacancies in the clerical grades of its service shall be filled by means of limited competitive examinations, and where an examination is so limited only persons in or who have been in the employment of the dissolved companies or the Company or the children of such persons shall be admitted thereto.
(5) Any regulations or special regulation made by the dissolved railway company under section 56 of the Railways Act, 1924 (No. 29 of 1924), and in force immediately before the establishment date shall continue in force and apply to the Company and be deemed to have been made by the Company under this section.
num: 48
paragraphs: —(1) The Minister may, whenever and as often as he thinks fit, by order, made on his own initiative or on the application of any persons representative of trade or a locality, require the Company to establish and maintain such services for the conveyance of traffic by rail, road or water as he thinks fit and to make such increase, variation or alteration of existing services as he thinks fit and may attach conditions as to frequency and routes of services, facilities to be provided and other matters.
(2) The Minister may at any time by order revoke or amend any· order made under this section.
(3) The Minister before making any order under this section may refer the proposed order to the Advisory Committee for their advice thereon.
(4) If the Company fails to comply with any order made under this section, the Company shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds and, in the case of a continuing offence, a further fine not exceeding twenty-five pounds for every day on which the offence is continued.
(5) The obligations imposed on the Company by any order under this section shall be in addition to any statutory obligation imposed on the Company as regards the provision of facilities for the receiving, forwarding and delivering of traffic.
num: 49
paragraphs: —(1) In this section, the expression “agreement to which this section relates” means an agreement or arrangement being—
(a) an agreement or arrangement for the allocation or routing of traffic or for the pooling of receipts from such traffic or for differential rates on traffic passing by sea to or from the State, or
(b) an agreement or arrangement varying or rescinding any such agreement or arrangement as is mentioned in paragraph (a) of this subsection.
(2) Except in so far as authorised by an order of the Minister, the Company shall not enter into any agreement to which this section relates with any other transport undertaker.
(3) An order under subsection (2) of this section shall not be made in relation to any agreement to which this section relates save on the application of the parties proposing to enter into the agreement.
(4) If—
(a) an application is made for an order under subsection (2) of this section, and
(b) it appears to the Minister that the interests of any transport undertaker (not being a proposed party to the agreement) would be affected if the agreement were made, the Minister shall, before making the order, give that transport undertaker an opportunity of making representations in relation to the agreement and consider any representations so made.
num: 50
paragraphs: —On or after the establishment date the Minister for Posts and Telegraphs or the Company may apply to the High Court—
(a) for the revision of any agreement, between the said Minister and a dissolved company, whether statutory or otherwise, which immediately before the establishment date is in existence, or
(b) where no such agreement is then in existence, for the determination of any difference or dispute which may exist or arise between the said Minister and the Company as regards the remuneration to be paid for services rendered by the Company to the said Minister, but such services shall (notwithstanding any statutory or other provision to the contrary) continue to be rendered by the Company pending the decision of the High Court.
num: 51
paragraphs: —Notwithstanding anything in this Act, on and after the establishment date all enactments, awards, deeds, agreements and arrangements containing provisions as between the Minister for Posts and Telegraphs and the dissolved railway company relating to the construction and maintenance of telegraphs shall continue to apply only to the system of railways, works and lands which immediately before the establishment date formed the undertaking of the dissolved railway company and to the said Minister and the Company in respect thereof.
num: 52
paragraphs: —(1) In this section, the expression “road authority” means any authority being—
(a) the Dublin Corporation, or
(b) the Corporation of Dun Laoghaire.
(2) The Wayleaves, which immediately before the establishment date were payable by the dissolved transport company to each of the road authorities, shall cease to be payable in respect of any period commencing on or after the establishment date.
(3) The Company shall pay compensation to each road authority, in respect of the cesser effected by this section of the wayleaves which were immediately before the establishment date payable by the dissolved transport company to that road authority, and the amount of the compensation shall, in default of agreement, be determined by an arbitrator appointed by the Chief Justice at the request of the Minister.
(4) In fixing the compensation payable to any road authority under this section the arbitrator shall have regard to all the circumstances of the case and may have regard, so far as he considers equitable, to the extent to which the roadways of that road authority have ceased to be used or will cease to be used for the purpose of tramways.
(5) The remuneration of the arbitrator appointed to determine the amount of the compensation payable to a road authority under this section shall be fixed by the Chief Justice and shall be paid by the Company.
(6) The arbitrator appointed to determine the compensation payable by the company to a road authority under this section may, as respects the costs and expenses of the parties in the proceedings before him, by his award and at his discretion—
(a) direct the Company to pay a sum (to be measured by him) towards the costs and expenses of that road authority, or
(b) direct that road authority to pay a sum (to be measured by him) towards the costs and expenses of the Company, or
(c) direct the Company and that road authority respectively to abide their own costs.
(7) Compensation payable to a road authority under this section shall bear interest at the rate of three per cent. per annum as on and from the establishment date until the date of payment of the compensation.
num: 53
paragraphs: —(1) As on and from the 1st day of January, 1945—
(a) the Agreement of 1887 and the Agreement of 1910 shall cease to have effect;
(b) the liability of the Northern Railway Company, under the Agreement of 1887 and the Agreement of 1910, to contribute a sum not exceeding two thousand pounds per annum towards payment of a dividend at the rate of four per cent. per annum on the four per cent. City of Dublin Junction Railways' Guaranteed Stock of the dissolved railway company and all liability, contingent or otherwise, of the Company to the Northern Railway Company or of the Northern Railway Company to the Company in respect of the said contribution shall cease;
(c) the Company shall continue to operate the normal system of trains run before the said date for the purposes of, and in connection with, the mails services of the Minister for Posts and Telegraphs, over the Dublin Junction Railways and the Company's railway between Westland Row in the City of Dublin and Dun Laoghaire Mail Pier, until the Company and the Northern Railway Company, with the consent of the said Minister agree otherwise;
(d) if, for convenience of working, the Northern Railway Company send any carriage or rolling stock over the Dublin Junction Railways and the Company's railway between Westland Row aforesaid and Dun Laoghaire Mail Pier, no payment shall be made by the Company to the Northern Railway Company in respect of any such carriage or rolling stock, nor shall any toll for haulage be charged by the Company against the Northern Railway Company in respect of any such carriage or rolling stock.
(2) In consideration of the arrangements effected by subsection (1) of this section, the Northern Railway Company shall, on the 1st day of January, 1945, pay to the Company the sum of eight thousand pounds.
(3) In this section—
the expression “the Northern Railway Company” means the Great Northern Railway Company (Ireland);
the expression “the Agreement of 1887” means the agreement made on the 26th day of August, 1887, between the Northern Railway Company of the first part, the former City of Dublin Steam Packet Company of the second part, and the former Dublin, Wicklow and Wexford Railway Company of the third part;
the expression “the Agreement of 1910” means the agreement made on the 7th day of July, 1910, between the Northern Railway Company of the first part, the former City of Dublin Steam Packet Company of the second part, and the former Dublin and South Eastern Railway Company formerly the Dublin Wicklow and Wexford Railway Company of the third part;
the expression “the Dublin Junction Railways” means the railways constructed under the Dublin Wicklow and Wexford Railway (City of Dublin Junction Railways) Act, 1884.
num: 54
paragraphs: —(1) On the establishment date, every licence to which this section applies and which was immediately before the establishment date held by a dissolved company shall, by virtue of this Act, be transferred to the Company and shall, on and after the establishment date, have effect as if the name of the Company were substituted therein for that of such dissolved company.
(2) This section applies to—
(a) any licence granted under the Dublin Carriage Act, 1853 ,
(b) any licence taken out under section 13 of the Finance Act, 1920 , in respect of a mechanically propelled vehicle,
(c) any passenger licence granted under the Road Transport Act, 1932 (No. 2 of 1932),
(d) any merchandise licence granted under the Road Transport Act, 1933 (No. 8 of 1933),
(e) any public service vehicle licence granted under the Road Traffic Act, 1933 (No. 11 of 1933).
num: 55
paragraphs: —(1) Notwithstanding anything contained in section 10 of the Companies Clauses Consolidation Act, 1845 , it shall be lawful for the Company to substitute for the Shareholders' Address Book provided for under that section a card or other index (of a type to be approved by the auditors of the Company) containing the names and addresses of the several stockholders of the Company and that section in its application to the Company shall be read and have effect accordingly, and when such card or other index has been so substituted section 34 of the Regulation of Railways Act, 1868 , shall cease to apply to the Company.
(2) The charge made for a copy of a card or other index kept under subsection (1) of this section shall not exceed the sum of five pounds.
(3) If the Company acts in contravention of section 10 of the Companies Clauses Consolidation Act, 1845 , as varied by this section, the Company shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
num: 56
paragraphs: —(1) Section 60 of the Railways Act, 1924 (No. 29 of 1924), shall, on and after the establishment date, have effect as if for the reference therein to the amalgamated company there were substituted a reference to the Company.
(2) The references, in section 55 of the Railways Act, 1924 (No. 29 of 1924), and in sections 10 and 16 of the Railways Act, 1933 (No. 9 of 1933), to a railway company shall be construed as including references to the Company.
(3) For the purposes of the Income Tax Acts the Company shall be deemed to be a railway company.
num: 57
paragraphs: —The enactments specified in the Sixth Schedule to this Act shall, to the extent mentioned in the third column of that Schedule, not apply to the Company.
num: 58
paragraphs: —(1) Section 12 of the Finance Act, 1895 , shall not operate so as to require the Company to deliver to the Revenue Commissioners a copy of this Act or to pay any stamp duty under that section on any copy of this Act.
(2) Stamp duty shall not be chargeable on any agreement, bond, affidavit, statutory declaration, arbitration award or other instrument made for the purposes of section 43 (which relates to compensation of certain officers and servants of the dissolved companies) of this Act.
(3) Section 113 of the Stamp Act, 1891, and section 8 of the Finance Act, 1899 , shall not operate so as to require the Company to deliver to the Revenue Commissioners any statement or to pay any stamp duty under those sections in respect of substituted stock.
(4) The amount of all stamp duties paid by the Company on any instrument which is executed in order to supplement the transfer, effected by this Act, of the property of any dissolved company shall be refunded to the Company out of moneys provided by the Oireachtas.
num: 59
paragraphs: —The Company may subscribe or guarantee money for charitable table or benevolent objects and for any exhibition or for any public, general or useful object.
num: 60
paragraphs: —(1) All permanent public notices and signs (including the names of stations) maintained by the Company shall be in the Irish language but may be in both the Irish and English languages.
(2) All passenger card tickets issued by the Company for journeys within the State shall be printed in the Irish language but may be printed in both the Irish and English languages.
num: 61
paragraphs: —Any document required by or authorised by law to be served on the Company may be so served by—
(a) handing it to the secretary of the Company at the principal office in the State of the Company, or
(b) leaving it at the principal office aforesaid in an envelope addressed to the secretary of the Company, or
(c) sending it by post in a prepaid registered letter addressed to the secretary of the Company at the principal office aforesaid.
num: 62
paragraphs: —(1) If any person trespasses upon any of the railways of, or worked by, the Company, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.
(2) Where a person is charged with an offence under this section in respect of a trespass—
(a) the fact that he had not received a personal warning against the trespass shall not be a ground of defence,
(b) he shall not, in any case, be convicted of the offence unless the Company proves to the satisfaction of the Court that, at the date of the trespass, there was affixed, at the station of the Company and at the level crossing nearest to the spot where the trespass is alleged to have been committed, a notice (painted on boards or printed, painted or enamelled on enamelled or other iron or any other material) in legible characters warning persons not to trespass on the railways of the Company.
(3) No person lawfully crossing the railway of the Company at any level crossing or by means of any accommodation works maintained in pursuance of section 68 of the Railways Clauses Act, 1845, shall be liable to any fine under this section.
(4) An offence under this section may be prosecuted by the Company.
num: 63
paragraphs: —(1) On the establishment date there shall, by virtue of this subsection, be established a committee, which shall be styled the Transport Advisory Committee, to fulfil the functions assigned to it by this Act.
(2) The Advisory Committee shall consist of five members, namely—
(a) a chairman who shall be nominated by, and may be removed from office by, the Minister,
(b) one ordinary member who shall be nominated by, and may be removed from office by, the Minister for Agriculture, and
(c) three ordinary members who shall be nominated by, and may be removed from office by, the Minister.
(3) Of the three ordinary members of the Advisory Committee to be nominated by the Minister, one shall be a person who, in the opinion of the Minister, is experienced in commercial and industrial affairs, a second shall be a person who, in the opinion of the Minister, is experienced in labour matters, and the third shall be a person who, in the opinion of the Minister, is experienced in transport affairs.
(4) Every member of the Advisory Committee shall, unless he sooner dies, resigns or is removed from office, hold office for such period, not exceeding three years, as the Minister of State by whom he was nominated shall fix at the time of his nomination but shall be eligible for renomination.
(5) Any member of the Advisory Committee may resign his office at any time.
(6) There shall be paid out of moneys provided by the Oireachtas to the members of the Advisory Committee such remuneration and such travelling expenses, subsistence allowance and other expenses as the Minister, with the sanction of the Minister for Finance, may determine.
(7) Whenever it appears to the Minister or the Minister for Agriculture that on account of ill-health or for other sufficient reason a member of the Advisory Committee nominated by that Minister is temporarily unable to discharge his duties as such member, that Minister may appoint a person to act as a member of the Advisory Committee for such period (not exceeding the duration of such inability) as he shall think proper and every person so appointed to act as a member of the Advisory Committee shall during the period for which he is so appointed be a member of the Advisory Committee in place of such first-mentioned member.
(8) The proceedings of the Advisory Committee shall not be invalidated by any vacancy in their number.
num: 64
paragraphs: —It shall be the duty of the Advisory Committee to consider, report to and advise the Minister on, any matter which is referred to them by the Minister under this Act.
num: 65
paragraphs: —(1) Where any matter is referred to the Advisory Committee by the Minister under this Act, the Advisory Committee may, before considering, reporting to and advising the Minister on, that matter hold such inquiry as they may think fit.
(2) Before holding any inquiry the Advisory Committee shall give public notice of the date and place at which the inquiry will be held and of the subject matter thereof, and any person affected may make representations to the Advisory Committee and unless in their discretion the Advisory Committee consider it unnecessary, any such person shall be heard at the inquiry.
(3) The Advisory Committee may for the purposes of any inquiry do all or any of the following things, that is to say:—
(a) summon witnesses to attend before them at such inquiry;
(b) examine on oath (which any member or the Secretary of the Advisory Committee is hereby authorised to administer) the witnesses attending before them at such inquiry;
(c) require any such witness to produce any document in his power or control which the Advisory Committee consider necessary for the purposes of such inquiry.
(4) A witness before the Advisory Committee shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
(5) If any person—
(a) on being duly summoned as a witness before the Advisory Committee makes default in attending, or
(b) being in attendance as a witness refuses to take an oath legally required by the Advisory Committee to be taken, or to produce any document in his power or control legally required by the Advisory Committee to be produced by him, or to answer any question to which the Advisory Committee may legally require an answer,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
(6) Where a witness attends before the Advisory Committee in pursuance of a summons under subsection (3) of this section, the Minister may, if he so thinks proper, pay to him such sum in respect of expenses incurred by him in connection with his attendance as the Minister, with the sanction of the Minister for Finance, may determine.
num: 66
paragraphs: —The Advisory Committee, with the concurrence of the Minister, may make regulations in relation to all or any of the following matters, that is to say:—
(a) the quorum at any sitting of the Advisory Committee;
(b) the times and places of the meetings of the Advisory Committee;
(c) the persons to whom and the times and manner in which notice of the sittings of the Advisory Committee shall be given;
(d) the admission or exclusion of the public to or from sittings of the Advisory Committee;
(e) such other matters in relation to the practice and procedure of the Advisory Committee as the Advisory Committee may consider necessary or expedient for the proper conduct of their business.
num: 67
paragraphs: —(1) The Minister shall appoint an officer of the Department of Industry and Commerce to be secretary of the Advisory Committee and may, subject to the consent of the Minister for Finance as to the number, appoint such other officers of the Advisory Committee as the Minister may consider necessary to assist the Advisory Committee in the performance of their functions.
(2) The secretary and other officers of the Advisory Committee shall hold office upon such terms and in such manner as the Minister, after consultation with the Minister for Finance, shall appoint.
(3) There may be paid out of moneys provided by the Oireachtas to the secretary and other officers of the Advisory Committee such remuneration (if any) and such travelling expenses and subsistence allowances as the Minister, with the sanction of the Minister for Finance, may determine.
num: 68
paragraphs: —(1) In this Part and in the Eighth Schedule to this Act—
the word “alterations” in relation to charges includes alterations, whether by way of decrease or of increase, and the word “alter” and other cognate words shall be construed accordingly;
the word “charges” includes rates, fares, tolls, dues, and other charges;
the expression “company's risk conditions” means the terms and conditions on and subject to which merchandise other than live stock, and live stock, will respectively be carried if carried at ordinary rates;
the word “conditions” includes regulations;
the word “fares” means fares and other charges in connection with the conveyance of passengers and their luggage;
the expression “harbour authority” means a harbour authority within the meaning of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934);
the expression “interested person” includes the Minister for Agriculture, the Commissioners of Public Works in Ireland, a harbour authority or the council of any county, county or other borough or urban district;
the expression “owner's risk conditions” means the terms and conditions on which merchandise other than live stock and, subject to the provisions of this Part, live stock will respectively be carried if carried at owner's risk rates;
the word “rates” means rates and other charges in connection with the carriage of merchandise;
the expression “the revised railway classification of merchandise applicable to the Company” means the classification of merchandise determined by the Minister under section 71 of this Act;
num: 69
paragraphs: —Any expenses incurred by a harbour authority or the council of any county, county or other borough or urban district in or incidental to, or in opposition to any application under this Part shall be defrayed out of the rate or fund out of which the expenses of that harbour authority or council in the execution of their ordinary duties are defrayed.
num: 70
paragraphs: —(1) Subject to this Chapter—
(a) the classification of merchandise as determined by the railway tribunal under Part III of the Railways Act, 1924 (No. 29 of 1924), shall apply to the Company as it applied to the dissolved railway company;
num: 71
paragraphs: —(1) The Company may and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister a proposal for the revised classification of merchandise for the purposes of the application to such merchandise of rates of charges to be made by the Company in respect of its railway undertaking, and thereupon the following provisions shall have effect—
(a) the Company shall publish the said proposal in such manner as the Minister may direct;
(b) the Minister, if he thinks fit, may refer the said proposal to the Advisory Committee for their report and advice thereon;
(c) the Minister, after consideration of the said proposal, any representations made by interested persons and, in case the said proposal has been referred to the Advisory Committee, their report and advice, shall determine the classification of merchandise applicable to the Company for the said purpose.
num: 72
paragraphs: —(1) At any time after the revised railway classification of merchandise applicable to the Company has been settled by the Minister, the Company may, and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister revised schedules, drawn up in such manner as the Minister may direct, of the maximum charges proposed to be made according to the said classification and shall show in those schedules the rates for the conveyance by rail of merchandise, the amount of terminal charges and the fares for the conveyance by rail of passengers and their luggage, and thereupon the following provisions shall have effect—
num: 73
paragraphs: —(1) Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering the railway classification of merchandise for the time being applicable to the Company, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said classification as he thinks fit.
(2) In this section the word “altering”, in relation to the railway classification of merchandise for the time being applicable to the Company, includes altering the classification of any article and classifying any article not for the time being classified, and the word “alterations” shall be construed accordingly.
num: 74
paragraphs: —Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering the maximum railway charges for the time being of the Company or any of them or any conditions relative thereto, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations as he thinks fit of the said charges and the conditions relative thereto and fix the date on which the altered charges or conditions shall come into operation.
num: 75
paragraphs: —(1) All the terms, conditions and provisions of any enactment or any agreement confirmed by or scheduled to an enactment which, immediately before the establishment date, are in force and binding on the dissolved railway company, by which the forwarding of traffic is affected, or for any other purpose, shall continue in full force and effect, but no such enactment or agreement shall be construed as affecting or extending to any part of the railway of the Company or traffic thereupon which was not immediately before the establishment date subject to or affected by such enactment or agreement.
(2) The Company shall not by rates or fares charged, whether through or local, or by facilities provided by it or otherwise, place any one port in the State at an undue disadvantage as compared with any other port in the State to, from, or through which traffic is or may be carried.
(3) The Company shall, if required by any interested person, use all proper endeavours to provide a reasonable system of through bookings with through rates, fares and facilities by all reasonable routes.
(4) No rebates, commissions, or agency or other allowances shall be given by the Company to traders at or using any port in the State which are not given by the Company in similar circumstances to traders at or using any other port in the State, and the word “traders” shall include any incorporated railway or steamship company.
(5) If any dispute shall at any time arise under the provisions of this section or as to any matter or thing under this section or as to whether the Company is fulfilling its obligations hereunder or taking all reasonable and necessary steps for that purpose, the dispute shall be referred to and determined by the High Court.
num: 76
paragraphs: —The terms and conditions of carriage of merchandise by rail as settled by the railway tribunal under the Railways Act, 1924 (No. 29 of 1924) (which said terms and conditions are contained in Statutory Rule and Order No. 13 of 1930) shall, subject to any alteration or addition made by the Minister under this Part, be the standard terms and conditions of carriage by rail for the Company and shall be deemed to be reasonable.
num: 77
paragraphs: —Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering or adding to the standard terms and conditions of carriage by rail for the Company, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of or additions to such standard terms and conditions as he considers just and reasonable and fix the date as from which the alterations or additions are to come into operation and such standard terms and conditions as so altered or added to shall be deemed to be reasonable.
num: 78
paragraphs: —(1) Subject to this section, the terms and conditions upon and subject to which merchandise shall, apart from special contract, be carried by rail by the Company shall be company's risk conditions and those conditions shall apply without any special contract in writing to the carriage of merchandise at ordinary rates.
(2) Where an owner's risk rate is in operation and the Company has been requested in writing to carry goods at that rate, the terms and conditions upon and subject to which such goods shall be carried shall be owner's risk conditions.
(3) The terms and conditions upon and subject to which damageable goods not properly protected by packing (if accepted for carriage) shall be carried by rail by the Company shall be the conditions set out in the standard terms and conditions of carriage by rail for the Company, but the Company shall not be under any obligation to carry damageable goods not properly protected by packing.
(4) Nothing in this Act shall preclude the Company from agreeing in writing, subject to the provisions of the Railway and Canal Traffic Acts, 1854 and 1888, to any terms and conditions it thinks fit for the carriage of merchandise, live stock, or damageable goods not properly protected by packing or dangerous goods.
num: 79
paragraphs: —The Company shall be under no obligation to carry live stock at owner's risk rates in cases in which live stock is not immediately before the establishment date carried by the dissolved railway company at reduced rates under owner's risk conditions.
num: 80
paragraphs: —(1) The Company shall be entitled to charge for the conveyance of merchandise as for a minimum distance of such number of miles as the Minister may by order determine or for such minimum sum as the Minister may by order determine, but such minimum distances shall not vary according to whether charges for station terminals are or are not made.
(2) Any determination of the railway tribunal under section 45 of the Railways Act, 1924 (No. 29 of 1924), shall continue in force and have effect as if it were an order of the Minister under this section.
num: 81
paragraphs: —Where any statutory provision, with respect to charges for or in connection with the carriage of merchandise or passengers by the dissolved railway company, which is in force immediately before the establishment date authorises, for the purposes of calculation of distance, a special mileage to be allotted in respect of any portion of the railway of the dissolved railway company, that statutory provision shall continue in force and the references therein to the dissolved railway company shall on and after the establishment date be construed as references to the Company,
num: 82
paragraphs: —(1) Nothing in this Act shall impose any obligation on the Company to accept dangerous goods for conveyance by rail or shall prejudice or derogate from the powers of any Minister of State under the Explosives Act, 1875 , or affect the validity or operation of any order, rule or bye-law made under the powers contained in that Act.
(2) If the Company accepts dangerous goods for conveyance by rail the goods shall be conveyed subject to such bye-laws, regulations and conditions as the Company may think fit in regard to the conveyance or storage thereof, and the owner or consignor of such goods shall indemnify the Company from and against all loss or damage which may result to the Company or to which the Company may be or become liable owing to non-compliance with the said bye-laws, regulations and conditions as to such goods and shall pay full compensation for all injury to the Company's servants and damage to its property so arising unless it be proved that the injury or damage is due to the wilful misconduct of the Company's servants, but, subject as aforesaid, the provisions of this Chapter as to ordinary rates and owner's risk rates shall apply.
(3) Any question arising under this section as to whether goods are dangerous goods may be referred to the Minister.
(4) Where the dissolved railway company or the Company has declared any article to be dangerous, it shall lie on the person requiring the article to be carried to show that it is not dangerous.
(5) Any bye-laws made by the dissolved railway company for the purposes of subsection (2) of section 47 of the Railways Act, 1924 (No. 29 of 1924), shall continue in force and have effect as if made by the Company under subsection (2) of this section.
num: 83
paragraphs: —The provisions contained in the Eighth Schedule to this Act shall apply to the Company.
num: 84
paragraphs: —(1) Where a dispute or difference arises between the Company and a trader and the dispute or difference is one which, under the Eighth Schedule to this Act, is to be or may be referred to or is to be determined by the Minister, the Company or the trader may apply to the Minister to determine the matter and thereupon the following provisions shall have effect—
(a) the applicant shall give to the other party such notice of the application as may be prescribed;
(b) the Minister, after consideration of the application, and any representations made by the Company and the trader, shall determine the dispute or difference and such determination shall be final.
(2) Every application under this section shall be in the prescribed form and contain the prescribed particulars.
num: 85
paragraphs: —(1) The Company or any interested person may at any time apply to the Minister to determine any of the following matters, that is to say:—
(a) any matter which the Minister has power to determine under section 80 (which relates to minimum charges) of this Act;
(b) any question arising under section 82 (which relates to dangerous goods) of this Act as to whether goods are dangerous goods;
(c) any question as to the class into which any article is classified in the railway classification of merchandise applicable to the Company;
(d) the amount to be allowed for any terminal services not performed at a station or for accommodation and services in connection with a private siding not performed or provided at that siding;
(e) the reasonableness or otherwise of any charge made by the Company for any services or accommodation for which no authorised charge is applicable;
(f) the reasonableness or otherwise of any conditions made by the Company as to the packing of articles specially liable to damage in transit or liable to cause damage to other merchandise;
(g) the articles and things that may be conveyed by rail as passengers' luggage;
num: 86
paragraphs: —(1) The Minister may for the purposes of deciding any question, dispute or difference to which this section applies appoint a person to hear, but not to decide, such question, dispute or difference.
(2) The person appointed under this section to hear any question, dispute or difference shall have power by notice in writing to summon witnesses and to require the production of books and documents, and any person so summoned who fails to attend or refuses to give evidence before the person or persons so appointed, and any person who fails or refuses to produce any book or other document the production of which is so required of him, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(3) The person appointed under this section to hear any question, dispute or difference shall have power to take evidence on oath and for that purpose such person may administer oaths to persons attending as witnesses at such hearing.
(4) This section applies to—
(a) any question arising under section 82 of this Act as to whether goods are dangerous goods or not,
num: 87
paragraphs: —(1) The Acts mentioned in the Ninth Schedule to this Act shall, in their application to the Company, so far as relates to its railway undertaking, have effect subject to the amendments specified in the third column of that Schedule.
num: 88
paragraphs: —The maximum rates, fares, tolls, and dues chargeable by railway companies (other than the Company) for traffic by rail immediately before the establishment date shall, in so far as they relate to those portions of their railway undertaking situate in the State, remain in force as maximum charges unless and until altered in accordance with section 89 of this Act.
num: 89
paragraphs: —Where an application, in the prescribed form and containing the prescribed particulars, is made by a railway company (other than the Company) or any interested person to the Minister for an order altering the maximum charges applicable to such company for traffic by rail or any of them or any of the conditions relative thereto, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said maximum charges or the conditions relative thereto as he thinks fit and fix the date on which the altered charges or conditions shall come into operation.
num: 90
paragraphs: —For the purposes of this Part the maximum charges for the carriage of passengers, passengers' luggage or merchandise by any tramway service operated by the Company shall, subject to any alteration made by the Minister under this Part, be the maximum charges applicable immediately before the establishment date for the carriage of passengers, passengers' luggage or merchandise by the like tramway service as operated by the dissolved transport company.
num: 91
paragraphs: —Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering the maximum charges for the carriage of passengers, passengers' luggage or merchandise by a tramway service operated by the Company, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said charges as he thinks fit and fix the date on which the amended charges shall come into operation.
num: 92
paragraphs: —(1) Any statutory carrier may, and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister a schedule, drawn up in such manner as the Minister may direct, of the maximum charges proposed to be made by that carrier for the carriage of merchandise by road in mechanically propelled vehicles or in vehicles drawn by mechanically propelled vehicles.
num: 93
paragraphs: —Where a schedule of maximum road charges of a statutory carrier is in force, and an application in the prescribed form and containing the prescribed particulars, is made by that carrier or any interested person to the Minister for an order altering such charges or any of them or any conditions relative thereto, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said charges or the conditions relative thereto as he thinks fit and shall fix the date on which the altered charges or conditions shall come into operation.
num: 94
paragraphs: —In this Chapter—
the word “canal” means—
(a) in relation to the Grand Canal Company, the Grand Canal,
(b) in relation to the Company, the Royal Canal,
(c) in relation to the Commissioners, the River Shannon Navigation excluding so much of the River Shannon as lies between Baal's (or Ball's) Bridge on the Abbey River in the City of Limerick and the sea;
the expression “canal undertaker”means any body being—
(a) the Grand Canal Company,
(b) the Company, or
(c) the Commissioners of Public Works in Ireland acting for the Minister;
the expression “the Commissioners” means the Commissioners of Public Works in Ireland;
the expression “the revised canal classification of merchandise” means, in relation to a canal undertaker, the classification of merchandise applicable to that undertaker, as determined by the Minister under section 96 of this Chapter;
num: 95
paragraphs: —(1) On and after the establishment date the maximum charges which any canal undertaker shall be entitled to charge in respect of the canal of that undertaker shall, subject to any alteration made by the Minister under this Chapter, be—
num: 96
paragraphs: —(1) A canal undertaker may and, if required by the Minister shall, within such time as the Minister may appoint, submit to the Minister a proposal for the revised classification of merchandise for the purposes of the application to such merchandise of rates of charges to be made by that canal undertaker in respect of the carriage of merchandise by the canal of that canal undertaker, and thereupon the following provisions shall have effect—
(a) that canal undertaker shall publish the said proposal in such manner as the Minister may direct;
(b) the Minister, if he thinks fit, may refer the said proposal to the Advisory Committee for their report and advice thereon;
(c) the Minister, after consideration of the said proposal, any representations made by interested persons and, in case the said proposal has been referred to the Advisory Committee their report and advice, shall determine the classification of merchandise applicable to that undertaker for the said purpose.
num: 97
paragraphs: —(1) At any time after the revised canal classification of merchandise applicable to a canal undertaker has been settled by the Minister, that canal undertaker may and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister a revised schedule, drawn up in such manner as the Minister may direct, of the maximum rates, tolls and charges proposed to be made by that canal undertaker and thereupon the following provisions shall have effect—
num: 98
paragraphs: —(1) Where an application, in the prescribed form and containing the prescribed particulars, is made, by any canal undertaker or by any body of traders using the canal of that canal undertaker, to the Minister for an order altering the canal classification of merchandise for the time being applicable to that canal undertaker, the Minister, if he thinks fit, may subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said classification as he thinks fit.
(2) In this section the word “altering” in relation to the canal classification of merchandise for the time being applicable to a canal undertaker includes altering the classification of any article and classifying any article not for the time being classified, and the word “alterations” shall be construed accordingly.
num: 99
paragraphs: —Where an application, in the prescribed form and containing the prescribed particulars, is made, by any canal undertaker or body of traders using the canal of that canal undertaker, to the Minister for an order altering the maximum charges for the time being chargeable by that canal undertaker in respect of the canal of that undertaker on the ground that having regard to cost of labour or materials or other circumstances affecting the said undertaking the charges charged by the undertaker are insufficient or excessive, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the maximum charges as he thinks fit and shall fix the date on which the amended maximum charges are to come into operation.
num: 100
paragraphs: —If any charge made by a canal undertaker in respect of the canal of that undertaker includes a fraction of a penny, the fraction if less than one half-penny shall not be charged or, if it amounts to one half-penny or more, it may be charged as one penny.
num: 101
paragraphs: —As from the establishment date all statutory provisions in force immediately before the establishment date with respect to the fixing or alteration of charges chargeable by a canal undertaker in respect of the canal of that undertaker shall be repealed.
num: 102
paragraphs: —(1) Where—
(a) a transport undertaker agrees with a trader for the carriage of any of his merchandise at certain rates and subject to certain conditions (which said rates and conditions are in this section referred to as agreed charges), and
(b) the agreed charges are, on the application of the transport undertaker, approved by the Minister under this section,
then, so long as the agreed charges are operative, the transport undertaker may, notwithstanding anything contained in the preceding Chapters of this Part or in any other enactment, make as respect the trader the agreed charges.
(2) The following provisions shall apply in relation to an application to the Minister for his approval of agreed charges, that is to say:—
(a) the application shall contain particulars of the agreed charges,
(b) the applicant shall publish, in accordance with the directions of the Minister, notice of the application and particulars as to the time and manner in which objections may be made to the Minister in respect of the application by any traders who consider that their businesses will be detrimentally affected if the Minister approves of the agreed charges and the agreed charges are made,
(c) the Minister may, if he thinks fit, refer the application to the Advisory Committee for their report,
(d) the Minister, after consideration of the application, any objections duly made in relation to the application, and, in case he has referred the application to the Advisory Committee, their report and advice, may, subject to paragraph (e) of this subsection, approve or refuse to approve of the agreed charges,
(e) the Minister shall not approve of the agreed charges unless he is satisfied that they represent a reasonable commutation of the rates and charges otherwise ordinarily applicable to the applicant's carryings of the merchandise of the trader concerned.
(3) Where the Minister approves of agreed charges he shall fix the date on which they are to come into operation and the period for which they are to remain in operation, and the agreed charges shall come into operation accordingly and shall remain in operation only for the period so fixed unless continued for any further period or periods by the Minister who is hereby authorised in that behalf.
(4) Where agreed charges as between a transport undertaker and a trader have been approved by the Minister, the Minister may, on his own initiative or on the application made, within twelve months after such approval, by any other trader who satisfies the Minister that the applicant's business has been detrimentally affected by the agreed charges and after considering any representations made by the transport undertaker and, in case he has referred (which he is hereby authorised to do) the application to the Advisory Committee, their report and advice, by order fix on the same basis as the agreed charges the charges (including the conditions to be attached thereto) to be made by the transport undertaker for the carriage of such merchandise of the applicant as the Minister may determine, and shall by the order fix the period (which shall not exceed that for which the agreed charges are to remain in operation) during which the order is to remain in operation, and such order shall authorise, notwithstanding anything contained in the previous Chapters of this Part or in any other enactment, and oblige the transport undertaker to make while the order is in force charges for the carriage of merchandise of the applicant in accordance with the terms of the order.
(5) The transport undertaker concerned shall cause particulars of any agreed charges or charges fixed by order under subsection (4) of this section to be available for public inspection at the head office of the transport undertaker and such other places as the Minister may require.
(6) If a transport undertaker fails to comply with subsection (5) of this section the transport undertaker shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for every day on which the offence is continued.
(7) In this section the expression “transport undertaker” means any body being—
(a) a railway company,
(b) the Company, or
(c) a canal undertaker.
num: 103
paragraphs: —(1) Printed copies of the railway classification of merchandise applicable to the Company, the schedules of maximum charges for the carriage of merchandise by rail applicable to the Company and (when settled by the Minister) the schedule of maximum charges for the carriage of merchandise by road applicable to the Company shall be kept for sale by the Company at such places and at such prices as the Minister may direct.
(2) The Company shall keep for public inspection, at each depôt owned by it at which it receives merchandise for carriage either by rail or by road, a copy of the railway classification of merchandise applicable to the Company and a book or books stating—
(a) the chargeable distance by rail, by road, or by rail and road from that depôt to every place to which the Company books,
num: 104
paragraphs: —(1) Whenever the Minister has settled or altered a schedule of charges for the carriage of merchandise by road applicable to a statutory carrier (other than the Company) the following provisions shall have effect:—
num: 105
paragraphs: —On the establishment date the railway tribunal shall be abolished.
num: 106
paragraphs: —(1) On the establishment date there shall be transferred to and vested in the High Court the several jurisdictions which, immediately before the establishment date, were vested in or capable of being exercised by the railway tribunal—
(a) by virtue of section 23 of the Railways Act, 1924 (No. 29 of 1924), or
(b) by virtue of section 58 of the Railways Act, 1924 (No. 29 of 1924), or
(c) by virtue of section 30 of the Road Transport Act, 1932 (No. 2 of 1932).
(2) Any proceedings, which are pending before the railway tribunal immediately before the establishment date and which relate to matters in respect of which jurisdiction is, by virtue of subsection (1) of this section, to be exercised, on and after the establishment date, by the High Court, may, upon the application to the High Court of either party, be transferred to the High Court and may thereupon be continued and concluded in all respects as if those proceedings had been originally instituted before the High Court.
(3) On and after the establishment date, every mention or reference contained, by virtue of the adaptation effected by subsection (2) of section 23 of the Railways Act, 1924 , in any British statute of or to the railway tribunal shall, so far as relates to the jurisdiction vested in the railway tribunal by the said section 23 and transferred to the High Court by this section, be construed and have effect as a mention of or a reference to the High Court.
(4) The reference in subsection (5) of section 58 of the Railways Act, 1924 , and in section 30 of the Road Transport Act, 1932 , to the railway tribunal shall, on and after the establishment date, be construed and take effect as a reference to the High Court.
num: 107
paragraphs: —(1) The jurisdiction exercisable by the High Court by virtue of this Act shall be exercised by a judge of the High Court nominated by the President of the High Court for the purpose.
(2) Until rules of court are made regulating the practice and procedure of the High Court in relation to the jurisdiction exercisable by it by virtue of this Act, the said practice and procedure shall be regulated, as nearly as may be, by the rules regulating the practice and procedure of the railway tribunal in relation to the like jurisdiction exercisable by the railway tribunal immediately before the establishment date.
num: 108
paragraphs: —(1) For the purposes of this section the Minister shall maintain—
(a) a panel (in this section referred to as the “A” panel of assessors) consisting of such number of persons (being persons who are, in the opinion of the Minister, experienced in commercial and industrial affairs) as the Minister thinks fit, and
(b) a panel (in this section referred to as the “B” panel of assessors) consisting of such numbers of persons (being persons who are, in the opinion of the Minister, experienced in transport affairs) as the Minister thinks fit.
(2) Every member of the “A” panel of assessors and the “B” panel of assessors shall be appointed by the Minister and shall hold office for a term of three years from the date of his appointment and shall be eligible for re-appointment at the expiration of any such term of office.
(3) Whenever the High Court in any matter in respect of which it has jurisdiction under this Act requests the Minister to nominate two assessors to aid the High Court in the matter, the Minister shall nominate two persons (one of whom shall be selected from the “A” panel of assessors and the other from the “B” panel of assessors) to act as such assessors and the persons so nominated shall act as assessors in the matter.
(4) The remuneration of any person acting as assessor in any matter under this section shall be determined by the High Court and shall, as the High Court may direct, be paid by such party to the matter as the High Court may direct or by each of the parties to the matter in such shares as the High Court thinks proper.
num: 109
paragraphs: —(1) The Minister for Agriculture, after consultation with the Minister, may take such steps as he thinks proper for appearing as complainant on behalf of any person aggrieved in reference to any matter (other than a matter affecting the Minister for Posts and Telegraphs) which the High Court has, by virtue of this Act, jurisdiction to hear and determine.
(2) In addition to the powers conferred on the Minister for Agriculture by subsection (1) of this section and without prejudice to the exercise of such powers, the said Minister shall have the right of audience before the High Court in relation to any matter which the High Court has, by virtue of this Act, jurisdiction to hear and determine.
num: 110
paragraphs: —(1) Where an order has been made by the Minister under section 9 of the Railways Act, 1933 (No. 9 of 1933), authorising a railway company to terminate wholly a service of trains run over any specified railway line owned or operated by that company, the Minister may by order (in this section referred to as an abandonment order), made on the application of that company, authorise that company to abandon the said railway line.
(2) Every abandonment order shall specify the date on which it is to come into force and the date to be so specified shall not be earlier than twenty-eight days after the date on which the order is made.
(3) Where an abandonment order in relation to any railway line is made, the railway company by which the said railway line is owned or was operated shall publish a copy of the order in the Iris OifigiÃºil and in such other newspapers as the Minister may direct and shall serve a copy of the order on every local authority within whose functional area the railway line is situate.
(4) Where an abandonment order has been made in relation to a railway line owned or operated by a railway company, the following provisions shall have effect, that is to say:—
(a) where the railway line has been carried over a public road by means of a bridge which the railway company were, immediately before the date (in this subsection referred to as the operative date) on which the order comes into force, under a liability to maintain—
(i) the Minister shall appoint a date (in this paragraph referred to as the appointed date) for the purposes of this paragraph,
(ii) the railway company and the local authority, charged, under section 24 of the Local Government Act, 1925 (No. 5 of 1925), with the maintenance of the public road, may, before the appointed date, enter into an agreement for the removal or other method of dealing with the bridge (including, if necessary, either the restoration of the public road to like or other equally convenient state as it was in before it was interfered with by the makers of the railway line or the diversion of the public road) upon such terms and conditions as the parties thereto think fit, and, in that case, the liability (except such (if any) as may be imposed by the agreement) of the railway company to maintain the bridge shall cease upon the execution of the agreement,
(iii) if no such agreement is so executed, but the railway company remove the superstructure of the bridge before the appointed date, then—
(I) the liability of the railway company to maintain the bridge shall cease as on and from the date of removal, and
(II) the local authority shall, as on and from the date of removal, be liable to maintain so much of the bridge as remains after the removal of the superstructure, and
(III) the railway company shall pay to the local authority compensation for any expenses which the local authority may incur by reason of the liability so imposed on them,
(iv) if no such agreement is so executed or if the superstructure of the bridge is not so removed, then—
(I) the liability of the railway company to maintain the bridge shall cease on the appointed date, and
(II) the local authority shall, as on and from the appointed date, be liable to maintain the bridge, and
(III) the railway company shall pay to the local authority compensation for any expenses which the local authority may incur by reason of the liability so imposed on them;
(b) where a public road has been carried over the railway line by means of a bridge which the railway company were, immediately before the operative date, under a liability to maintain—
(i) the Minister shall appoint a date (in this paragraph referred to as the appointed date) for the purposes of this paragraph,
(ii) the railway company and the local authority, charged, under the said section 24 of the said Local Government Act, 1925 , with the maintenance of the public road, may, before the appointed date, enter into an agreement for the removal or other method of dealing with the bridge (including, if necessary, either the restoration of the public road to like or other equally convenient state as it was in before it was interfered with by the makers of the railway line or the diversion of the public road) upon such terms and conditions as the parties thereto think fit, and, in that case, the liability (except such (if any) as may be imposed by the agreement) of the railway company to maintain the bridge shall cease upon the execution of the agreement,
(iii) if no such agreement is so executed, then—
(I) the liability of the railway company to maintain the bridge shall cease on the appointed date, and
(II) as on and from the appointed date, the local authority shall be liable to maintain the bridge, and
(III) the railway company shall pay to the local authority compensation for any expenses which the local authority may incur by reason of the liability so imposed on them;
(c) if the railway line crosses on the level any public road, the railway company shall, not later than such date as the Minister may fix, remove the rails and do all such other things as may be necessary to render that part of the said public road on which the railway line crossed fit and safe for use by the public, and thereupon the liability of the railway company to maintain the said part in repair shall cease;
(d) the liability, imposed on the railway company by section 68 of the Railways Clauses Act, 1845, to maintain any works (other than bridges over or under the railway line) of the kind mentioned in the said section 68 made, in pursuance of that section, for the accommodation of owners and occupiers of land adjoining the railway line shall as from the operative date cease, but the railway company shall pay to any owner or occupier of land adjoining the railway line for the accommodation of which any such works were made in pursuance of the said section 68 and which the railway company were immediately before the operative date liable to maintain, compensation for all such injury or damage (if any) as he may sustain by reason of the cesser of the liability of the railway company to maintain those works;
(e) where any bridge (being a bridge which the railway company were immediately before the operative date liable to maintain) was, in pursuance of section 68 of the said Railway Clauses Act, 1845, made over or under the railway line for accommodation of owners and occupiers of land adjoining the railway line—
(i) if the railway company, before such date as the Minister may fix for the purpose, do the following works, namely, replace the said bridge by a crossing on the level over the site of the abandoned railway and render the said crossing fit and safe for use, then, as from the completion of the said works, the liability of the railway company shall cease and they shall not be under any obligation to maintain the said crossing in repair,
(ii) if the railway company do not before the said date do the said works—
(I) the railway company shall as on and from the said date cease to be liable to maintain the said bridge,
(II) the railway company shall pay to any owner or occupier of the land adjoining the railway line for the accommodation of which the said bridge was made compensation for all such injury or damage (if any) as he may sustain by reason of the cesser of the liability of the railway company to maintain the said bridge,
(iii) where, immediately before the operative date, a right of way was exercisable over the said bridge—
(I) in case the railway company, before the date referred to in sub-paragraph (i) of this paragraph, do the following works, namely, replace the said bridge by a crossing on the level over the site of the abandoned railway and render the said crossing fit and safe for use, a right of way similar to that which was exercisable over the said bridge shall, by virtue of this sub-paragraph, be exercisable over the said crossing, and any person for the time being entitled thereto may do all such things as are reasonably necessary for keeping the said crossing fit and safe for use,
(II) in any other case, the right of way over the said bridge shall continue to be exercisable, and any person for the time being entitled thereto may do all such things as are reasonably necessary for keeping the said bridge fit and safe for use.
(5) Where compensation is payable by a railway company to any person under this section—
(a) the amount thereof shall, in default of agreement, be determined by an arbitrator to be appointed by the Minister,
(b) the Minister shall fix the remuneration of the said arbitrator and such remuneration shall be paid by the railway company.
(6) The arbitrator appointed to determine the compensation payable by a railway company to any person under this section may by his award and at his discretion—
(a) direct the railway company to pay a sum (to be measured by the arbitrator) towards the costs and expenses of that person, or
(b) direct that person to pay a sum (to be measured by the arbitrator) towards the costs and expenses of the railway company, or
(c) direct the railway company and that person respectively to abide their own costs and expenses.
(7) The Abandonment of Railways Act, 1850, shall not apply to any railway line in respect of which an abandonment order is made.
(8) Where an abandonment order has been made in respect of any railway line, the railway company by which such line is owned may sell the land belonging to it under and adjoining such line either by private treaty to the owner of the land on both sides of such line or by public auction to any person, including such owner.
(9) In this section—
the expression “railway line” includes a section of a railway line; the expression “public road” means any road which a local authority is under a statutory obligation to maintain.
num: 111
paragraphs: —(1) In this Part, the expression “the Act of 1933” means the Road Transport Act, 1933 (No. 8 of 1933), as amended by any subsequent enactment.
(2) This Part shall be construed as one with the Act of 1933.
num: 112
paragraphs: —(1) Where a mechanically propelled vehicle or a vehicle drawn by a mechanically propelled vehicle is used for the carriage of merchandise, then, subject to this section, the merchandise shall until the contrary is proved, be deemed for the purposes of the Act of 1933, to be carried for reward.
(2) Where—
(a) merchandise, which is supplied by a person in the course of a trade or business carried on by him is, for the purpose of delivery to the customer, carried in a mechanically propelled vehicle owned by that person or in a vehicle drawn by a mechanically propelled vehicle owned by that person, or
(b) merchandise, which is to be or has been subjected to any one or more of the following processes, namely, repairing, cleaning, laundering and dyeing, by a person in the course of a trade or business carried on by him is, for the purpose of collection from or delivery to the customer, carried in a mechanically propelled vehicle owned by that person or in a vehicle drawn by a mechanically propelled vehicle owned by that person,
the merchandise shall, for the purposes of the Act of 1933, be deemed not to be carried for reward.
(3) Where—
(a) a mechanically propelled vehicle owned by a person or a vehicle drawn by a mechanically propelled vehicle owned by a person is used for the carriage of merchandise the property of that person, or
(b) a mechanically propelled vehicle owned by a company or a vehicle drawn by a mechanically propelled vehicle owned by a company is used for the carriage of merchandise the property of any company which is in the same ownership, or under the same management, as the company owning the mechanically propelled vehicle,
then, subject to subsections (4) and (5) of this section, the merchandise shall be deemed, for the purposes of the Act of 1933, not to be carried for reward.
(4) Where—
(a) a vehicle (being a mechanically propelled vehicle or a vehicle drawn by a mechanically propelled vehicle) is used for the carriage of merchandise, and
(b) the vehicle is registered in the name of two or more persons,
the merchandise shall, for the purposes of the Act of 1933, be deemed not to be the property of the owner of the vehicle, unless it is proved that it is the common property of the persons in whose name the vehicle is registered.
(5) Where—
(a) a person is, in relation to the carriage of merchandise, charged with having committed on a particular occasion an offence under the Act of 1933, and
(b) it is proved that the merchandise was on the said occasion carried in a mechanically propelled vehicle owned by that person or in a vehicle drawn by a mechanically propelled vehicle owned by that person, and
(c) it is alleged by that person that the merchandise was his property, and
(d) it appears that the merchandise was not manufactured or produced by that person, but was acquired by him, and
(e) the Court is of opinion that (having regard to the circumstances of the acquisition, the purposes for which the merchandise is capable of being used, the recentness of the acquisition and the calling of that person) the merchandise was not bona fide acquired by him for the purposes of his trade or business or for his own private use, the Court shall, for the purposes of the Act of 1933, deal with the charge on the assumption that the property in the merchandise never passed to that person and that the merchandise was on the said occasion carried for reward by him.
num: 113
paragraphs: —(1) Subsection (1) of section 8 of the Act of 1933 is hereby amended by the deletion of paragraphs (e), (f), (g), (i), (j), (k) and (l).
(2) This section shall come into operation on the 1st day of July, 1945.
num: 114
paragraphs: —(1) Where—
(a) any person applies, before the 1st day of April, 1945, to the Minister for a merchandise licence authorising the licensee to carry on a merchandise road transport business in respect of specified merchandise within a former exempted area, and
(b) such person satisfies the Minister that he or his predecessor in title carried on an existing merchandise road transport business within that former exempted area,
the Minister shall, notwithstanding anything contained in subsection (5) of section 12 of the Act of 1933, grant the licence, and any licence so granted shall commence on the 1st day of July, 1945.
(2) For the purposes of this section, the following provisions shall have effect—
(a) each of the following shall be an existing merchandise road transport business, that is to say:—
(i) any merchandise road transport business which was commenced after the 1st day of June, 1939, and before the 31st day of May, 1940, and was carried on in the manner required by this subsection during the whole of the period beginning on the date of such commencement and ending on the date of the passing of this Act,
(ii) any merchandise road transport business which was carried on in the manner required by this subsection during the whole of the period beginning on the 1st day of June, 1939, and ending on the date of the passing of this Act;
(b) a merchandise road transport business shall be regarded as having been carried on in the manner required by this subsection during any period if, but only if, during that period—
(i) such business was carried on with reasonable continuity, having regard to its nature and, as respects so much of that period as began on the 1st day of June, 1940, and ends on the date of the passing of this Act, to any restrictions on the carrying on of that business due to conditions resulting from the present war, and
(ii) such business was carried on with mechanically propelled vehicles duly licensed in the State under section 13 of the Finance Act, 1920 , as amended by subsequent enactments.
(3) The following provisions shall have effect in relation to applications under this section for merchandise licences, that is to say:—
(a) every application shall be made to the Minister in such form and in such manner as the Minister may direct;
(b) every application shall state—
(i) the former exempted area in which the applicant proposes to carry on a merchandise road transport business,
(ii) the class or classes of merchandise then actually carried by the applicant,
(iii) the merchandise road transport business which the applicant claims is an existing merchandise road transport business,
(iv) the vehicle plate issuing station at which the applicant, in the event of the application being granted, desires that vehicle plates should be available for issue to him,
(v) the number of mechanically propelled vehicles being lorries or tractors, and so classified in the application, which, at any specified date (in this section referred to as the critical date) between the 1st day of June, 1939, and the 31st day of May, 1940, selected by applicant, complied with the following conditions (in this section referred to as the qualifying conditions), that is to say:—
(I) were duly licensed in the State by the applicant under section 13 of the Finance Act, 1920 , as amended by subsequent enactments,
(II) were in use and available for the purpose of such merchandise road transport business,
(vi) particulars (including the unladen weights) of each such mechanically propelled vehicle,
(vii) such other particulars as the Minister may direct;
(c) every application shall be accompanied by the registration books relating to the mechanically propelled vehicles particulars of which are stated in the application or by registration particulars of those vehicles certified by the appropriate local authority under the Roads Act, 1920 ;
(d) subsection (4), (5) and (6) of section 11 of the Act of 1933 shall apply as if enacted in this section.
(4) The Minister, before granting a merchandise licence under this section, shall—
(a) in case any of the mechanically propelled vehicles specified in the application for the licence were lorries which, in his opinion, at the critical date complied with the qualifying conditions, ascertain the total unladen weight of those lorries and the total unladen, weight so ascertained shall, for the purposes of the Act of 1933, be the standard lorry weight for the licensee under the licence;
(b) in ease any of the mechanically propelled vehicles specified in the application were tractors which in his opinion, at the critical date complied with the qualifying conditions, ascertain the total unladen weight of those tractors and the total unladen weight so ascertained shall, for the purposes of the Act of 1933, be the standard tractor weight for the licensee under the licence.
(5) Each of the following areas shall, for the purposes of this section, be a former exempted area, that is to say:—
(a) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Ballina;
(b) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Drogheda;
(c) the area (except so much thereof as is situate in Northern Ireland) included within a circle having a radius of ten miles and its centre at the principal post office in the town of Dundalk;
(d) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Sligo;
(e) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Tralee;
(f) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Westport;
(g) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Wexford.
(6) Every merchandise licence granted by virtue of this section shall, for the purposes of the Act of 1933, the Road Transport Act, 1934 (No. 17 of 1934), the Road Transport Act, 1935 (No. 23 of 1935), and this Act be deemed to be a merchandise (existing carrier's) licence.
num: 115
paragraphs: —(1) If—
(a) it appears to the Minister (either as the result of representations made to him by any persons, representative of trade or a locality, or otherwise) that the existing merchandise road transport facilities in any area are inadequate, and
(b) the Minister is of opinion that the required additional merchandise road transport facilities can be provided more effectively and conveniently by a person other than an authorised (merchandise carrying) company,
then, instead of making an order under section 48 of this Act, the Minister, if he considers it desirable in the public interest so to do, may, notwithstanding anything contained in the Act of 1933, for the purposes of providing the required additional merchandise road transport services, extend the operation of any merchandise (existing carrier's) licence or grant a merchandise licence to any person.
(2) Where representations are made to the Minister by any persons representative of trade or a locality that the existing merchandise road transport facilities in an area are inadequate, the Minister may, before taking any action under subsection (1) of this section in relation to the representations, refer the representations to the Advisory Committee for their report thereon.
num: 116
paragraphs: —(1) Where the Minister is of opinion—
(a) that the areas specified in a merchandise (existing carrier's) licence do not fairly represent the areas in which the licensee carried on a merchandise road transport business before the grant of the licence, or
(b) that the classes of merchandise specified in a merchandise (existing carrier's) licence do not fairly represent the classes of merchandise carried by the licensee in the course of the merchandise road transport business carried on by him before the grant of the licence, or
(c) that, for the removal of hardships, the operation of a merchandise (existing carrier's) licence should be extended to a minor extent,
then, notwithstanding anything contained in the Act of 1933 but subject to subsection (2) of this section, the Minister may amend the licence to such extent as seems to him fair and reasonable having regard to the circumstances of the case.
(2) The Minister shall not amend a merchandise (existing carrier's) licence which authorises the carrying on of a merchandise road transport business in respect of one commodity and no more, or amend a merchandise (existing carrier's) licence which authorises the carrying on of a merchandise road transport business in respect of a particular class or classes of merchandise dealt with in the course of a particular trade or industry so as to authorise the carrying on of a merchandise road transport business in respect of any class or classes of merchandise not dealt with in the course of that trade or industry.
num: 117
paragraphs: —Where—
(a) a person is convicted of an offence, committed on or, after the date of the passing of this Act, under section 9 of the Act of 1933, and
(b) that person is, within two years after the commission of the first-mentioned offence, convicted of another offence under the said section 9,
the following provisions shall have effect—
(i) the fine to be imposed by the Court in respect of the other offence shall not in any case be less than five pounds,
(ii) the Court, in addition to the fine, may order any mechanically propelled vehicle or vehicles by means of which the other offence was committed to be forfeited,
(iii) any mechanically propelled vehicles so ordered to be forfeited shall be disposed of in such manner as the Minister may direct and all moneys arising from such disposal shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
num: 118
paragraphs: —Where the Superintendent of the GÃ¡rda SÃ­ochÃ¡na, within whose district a plate issuing station is situated, is satisfied that any mechanically propelled vehicle (in this section referred to as the original vehicle), in respect of which a vehicle plate was issued at that station, is undergoing repairs, he may, if he thinks fit, on the application of the licensee under a merchandise licence who is the owner of the original vehicle, issue to the licensee a permit (which shall be in such form as the Minister directs) to use, for the purposes of the merchandise road transport business authorised by the licence, during such period (not exceeding ten days from the date of the permit) as he thinks fit, another mechanically propelled vehicle (in this section referred to as the substituted vehicle) of the like kind, the unladen weight of which, if the licence is a merchandise (existing carrier's) licence, does not exceed the unladen weight of the original vehicle, and, in that case, subsection (2) of section 34 (which relates to an obligation to carry vehicle plates on vehicles carrying merchandise) of the Act of 1933 shall not, during the period specified in the permit, apply in respect of the user for the purposes of the said merchandise road transport business of the substituted vehicle.
num: 119
paragraphs: —(1) Where a licensee, whose existing standard lorry weight is less than his maximum lorry weight, applies to the Minister to amend his merchandise (existing carrier's) licence by increasing his standard lorry weight to his maximum lorry weight, the Minister shall amend the licence accordingly.
(2) For the purposes of this section—
the word “licensee” means a licensee under a merchandise (existing carrier's) licence, other than any such licence granted by virtue of section 114 of this Act;
the existing standard lorry weight for a licensee shall be taken to be the weight which was his standard lorry weight on the establishment date;
the original standard lorry weight for a licensee shall be taken to be the standard lorry weight specified in his licence as originally issued or, if his standard lorry weight has been increased or determined under subsections (1) or (3) of section 11 of the Road Transport Act, 1934 (No. 17 of 1934), his standard lorry weight as so increased or determined;
the maximum lorry weight for a licensee shall be taken to be—
(a) in case his original standard lorry weight is four tons or less—
(i) his original standard lorry weight increased by one-fifth, or
(ii) two tons and five hundred-weights, whichever is the greater, or
(b) in case his original standard lorry weight exceeds four tons—
(i) his original standard lorry weight increased by one-tenth, or
(ii) four tons and sixteen hundred-weights, whichever is the greater.
num: 120
paragraphs: —(1) Where a licensee, whose existing standard tractor weight is less than his maximum tractor weight, applies to the Minister to amend his merchandise (existing carrier's) licence by increasing his standard tractor weight to his maximum tractor weight, the Minister shall amend the licence accordingly.
(2) For the purposes of this section—
the word “licensee” means a licensee under a merchandise (existing carrier's) licence, other than any such licence granted by virtue of section 114 of this Act;
the existing standard tractor weight for a licensee shall be taken to be the weight which was his standard tractor weight on the establishment date;
the original standard tractor weight for a licensee shall be taken to be the standard tractor weight specified in his licence as originally issued or, if his standard tractor weight has been increased, or determined under subsections (2) or (4) of section 11 of the Road Transport Act, 1934 (No. 17 of 1934), his standard tractor weight as so increased or determined;
the maximum tractor weight for a licensee shall be taken to be—
(a) in case his original standard tractor weight is four tons or less—
(i) his original standard tractor weight increased by one-fifth, or
(ii) two tons and five hundred-weights, whichever is the greater, or
(b) in case his original standard tractor weight exceeds four tons—
(i) his original standard tractor weight increased by one-tenth, or
(ii) four tons and sixteen hundred-weights, whichever is the greater.
num: 121
paragraphs: —Every document purporting to be a copy of an entry in the register of merchandise licences kept under section 29 of the Act of 1933, and purporting to be certified by an officer of the Department of Industry and Commerce to be a true copy of such entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of such entry and to be evidence of the terms of such entry.
num: 122
paragraphs: —(1) Where a mechanically propelled vehicle is about to be used for the purposes of the merchandise road transport business of a licensee under a merchandise licence, the licensee shall deliver to the person who is to act as driver of the vehicle while being so used a true copy of the licence.
(2) If the licensee under a merchandise licence fails or neglects to comply with subsection (1) of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(3) In this and the next following section the expression “merchandise licence” does not include a merchandise licence held by an authorised (merchandise carrying) company.
num: 123
paragraphs: —(1) Any member of the GÃ¡rda SÃ­ochÃ¡na may demand of any person, driving a mechanically propelled vehicle which is being used for the purposes of the merchandise road transport business of a licensee under a merchandise licence, the production of a copy of the licence, and if that person refuses or fails to produce a copy of the licence there and then, or though producing a copy of the licence, refuses or fails to permit such member to read it, that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(2) A person who, when the production of a copy of a merchandise licence is lawfully demanded of him under this section, does not produce a copy of the licence because he has not one in his possession shall be deemed to fail to produce a copy of the licence within the meaning of this section.
num: 124
paragraphs: —(1) The holder of a merchandise licence shall not describe himself or hold himself out as—
(i) carrying on a merchandise road transport business in respect of merchandise other than merchandise specified in a merchandise licence held by him, or
(ii) carrying on a merchandise road transport business within any area (not being an exempted area or an area specified in a merchandise licence held by him).
(2) If the holder of a merchandise licence acts in contravention of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
num: 125
paragraphs: — Section 2 of the Railway and Canal Traffic Act, 1854 , shall apply to the road traffic of any person under a passenger licence, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or under a merchandise licence, within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), in the same manner and to the like extent as the said section applies to the land traffic of a railway company.
num: 126
paragraphs: —(1) The Minister may by order require any canal undertaker to comply with any recommendation of an inspector duly appointed under section 41 of the Railway and Canal Traffic Act, 1888.
(2) Where the Minister proposes to make in relation to a canal undertaker an order under this section he shall cause a draft of the order to be prepared and serve a copy of the draft on the canal undertaker and shall, before making the order, consider any representations made by the canal undertaker within fourteen days after the service of the draft.
(3) Any order of the Minister under this section shall be complied with by the canal undertaker to which the order relates and in the event of non-compliance shall be enforceable by the High Court on the application of the Minister.
num: 127
paragraphs: —Where no interest on moneys borrowed by any amalgamating company or absorbed company, within the meaning of the Railways Act, 1924 (No. 29 of 1924), has been paid since the 1st day of January, 1925, by the dissolved railway company, the dissolved railway company shall, by virtue of this section, be released as on and from the date of the passing of this Act from all liabilities in respect of such moneys and interest thereon.
num: 128
paragraphs: —The following securities, namely Five thousand five hundred and thirty-eight pounds and nine shillings, two and half per cent. Consols (representing the residue of the sum directed to be invested by the British statute (58 Geo. III., c. 35) passed in the year 1818 and entitled an Act to provide for the maintaining of the Royal Canal from the River Liffey to the River Shannon in Ireland) standing in the books of the Bank of Ireland in the names of the Minister for Finance and the Minister and held by them at the passing of this Act as trustees for the dissolved railway company shall, as soon as may be after the establishment date, be transferred by the Minister for Finance and the Minister to the Company and shall upon such transfer be held by the Company freed from all trusts and obligations affecting the said securities by virtue of the said British statute or the Midland Great Western Railway of Ireland (Moate Deviation) Act, 1848.
num: 129
paragraphs: —(1) On and after the establishment date every railway company (other than the Company) whose or any part of whose railway lies within the State shall—
(a) within fourteen days after the date on which any agreement or arrangement with any other transport undertaker (whether made under statutory powers or otherwise) is entered into by that railway company whereby provision is made for the allocation or routing of traffic to or from any place in the State or for the pooling of receipts from such traffic or for differential rates on traffic passing by sea to or from the State, furnish to the Minister written particulars of such agreement or arrangement,
(b) within seven days after being so required by the Minister, furnish such further particulars and information as the Minister may require in respect of the contents of any such agreement or arrangement.
(2) If any railway company (other than the Company) fails to comply with the provisions of subsection (1) of this section that company shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds, together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued.
(3) If any railway company (other than the Company) in furnishing any information under this section, furnishes any false or misleading information, that company shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
num: 130
paragraphs: —Notwithstanding anything contained in any enactment, no person shall, without the previous consent of the Minister, acquire compulsorily any land or premises held or occupied by a body corporate for the purposes of any railway, tramway, harbour, dock, inland navigation or air navigation undertaking or acquire, terminate, restrict or otherwise interfere with compulsorily any easement, wayleave or other right whatsoever over or in respect of any such land.
num: 131
paragraphs: —Any stock of the dissolved railway company which is at the passing of this Act registered in the name of the dissolved railway company shall, immediately upon the passing of this Act be, by virtue of this section, cancelled.
num: 132
paragraphs: —The dissolved railway company shall have and be deemed always to have had power to redeem in cash by agreement with the holders thereof any of the following stocks, that is to say:—
North Wall Extension, Lines 1 and 2—£100 shares.
4 per cent. New Ross and Waterford Extension Railways' Guaranteed Stock.
4 per cent. City of Dublin Junction Railways' Debenture Stock, 1884 and 1887.
4 per cent. City of Dublin Junction Railways' Debenture Stock, 1894 and 1897.
4 per cent. City of Dublin Junction Railways' Preference Stock.
4 per cent. City of Dublin Junction Railways' Guaranteed Stock.
4 per cent. Redeemable (1947) Debenture Stock.
num: 133
paragraphs: —(1) In this section—
the expression “the bodies concerned” means the Company, the Dublin Corporation and the Grand Canal Company;
the expression “the Bridge” means the Victoria Bridge across the Grand Canal in the County Borough of Dublin;
the expression “the contemplated agreement” means an agreement to be made between the bodies concerned with respect to the maintenance (including reconstruction), and control of the Bridge;
the expression “the appointed period” means the period of one year from the date of the passing of this Act, or such further period as the Minister may allow.
(2) The bodies concerned may, within the appointed period, execute the contemplated agreement, but the contemplated agreement, if so executed, shall not have any force unless confirmed by the Minister, who is hereby authorised, if he thinks fit, to do so.
(3) If the contemplated agreement is executed within the appointed period and confirmed by the Minister, the following provisions shall thereupon have effect—
(a) the said agreement shall have statutory effect;
(b) each of the bodies concerned shall, notwithstanding any limitation on the power of that body to enter into it, be deemed to have power to enter into the said agreement;
(c) it shall be the duty of each of the bodies concerned and each of the said bodies is hereby empowered to carry out the said agreement so far as the provisions thereof are to be carried out by that body.
(4) If the contemplated agreement is not executed within the appointed period or, being so executed, the Minister refuses to confirm it, the following provisions shall have effect—
(a) the Chief Justice, at the request (made after consultation with the Minister for Local Government and Public Health) of the Minister, shall appoint an arbitrator to determine, after hearing the bodies concerned, the terms and conditions which, having regard to the circumstances then existing, should, in his opinion, govern the future maintenance (including reconstruction) and control of the bridge.
(b) the determination of the arbitrator shall have statutory effect and it shall be the duty of each of the bodies concerned, and each of them is hereby empowered, to carry out the terms of the said determination so far as the provisions thereof are to be carried out by that body,
(c) the remuneration of the arbitrator shall be fixed by the Chief Justice and shall be paid in equal proportions by the bodies concerned,
(d) the arbitrator may, as respects the costs and expenses of the bodies concerned in the proceedings before him, make such order as in his discretion he thinks fit.
num: 134
paragraphs: —(1) The Company, the Lord Mayor, Aldermen and Burgesses of Cork and the Cork Harbour Commissioners may enter into an agreement (in this section referred to as the said agreement) with respect to the maintenance, opening and closing of the bridge across the North Channel of the River Lee and the bridge across the South Channel of the River Lee, both in the county borough of Cork, but the said agreement shall not have any force or effect unless confirmed by the Minister, who is hereby authorised, if he thinks fit, to do so.
(2) If the said agreement is confirmed by the Minister, the following provisions shall thereupon have effect, that is to say:—
(a) the said agreement shall have statutory effect,
(b) each of the parties thereto shall, notwithstanding any limitation on the power of that party to enter into it, be deemed to have power to enter into the said agreement,
(c) it shall be the duty of each of the parties thereto and each of the said parties is hereby empowered to carry out the said agreement so far as the provisions thereof are to be carried out by that party.
num: 135
paragraphs: —The original or counterpart, or a copy, certified, in such manner as the Minister shall direct, to be a true copy, of every agreement made after the passing of this Act in accordance with section 10 (which relates to the regulation of conditions of service of road transport employees of railway companies) of the Railways Act, 1933 (No. 9 of 1933), shall be deposited with the Minister within one month after the making of the agreement.