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38 1934

ELECTRICITY (SUPPLY) (AMENDMENT) (NO, 2) ACT, 1934

PART II.

Execution of Additional Works.

Execution of the scheduled works.

4. —(1) For the purpose of further developing the waterstorage capacity of Lough Derg, Lough Ree, and Lough Allen on the River Shannon, the Board may undertake, execute and operate the works (in this Act referred to as the scheduled works) generally described in the First Schedule to this Act, and for the purpose of such undertaking, execution and operation the Board may do all such things as are reasonably necessary or proper therefor or incidental thereto.

(2) The Board may contract with any person for the execution of all or any works which the Board is authorised by this section to undertake and execute, and for that purpose the Board may enter into contracts.

(3) Whenever the Board enters under this section into any contract for the execution of any of the scheduled works the Board may by such contract confer on the contractor the right to do such of the said scheduled works as the Board shall think proper and shall specify in such contract, and thereupon such contractor shall have the right (concurrently with the Board) to do all or any of the things so specified as fully as if such right were conferred on him by this Act, but so far as and no further than is necessary for the due execution of such contract.

Board may acquire land, etc., compulsorily.

5. —(1) For the purpose of executing all or any of the scheduled works (whether the Board executes such works itself or by a contractor) the Board may do all or any of the following things, that is to say:—

(a) compulsorily acquire (either permanently or temporarily) any lands or premises;

(b) compulsorily acquire (either permanently or temporarily) any easement, way-leave, water right, fishing right, or other right over or in respect of any lands, premises, or water;

(c) compulsorily terminate, restrict, or otherwise interfere with (either permanently or temporarily) any easement, way-leave, water right, fishing right, or other right existing over or in respect of any lands, premises, or water;

(d) compulsorily divert, close, remove, or otherwise interfere with (either permanently or temporarily) any public or private road, way, or bridge, or any canal or other artificial water-way or any artificial watercourse;

(e) compulsorily interfere with any lands or premises.

(2) At any time after the passing of this Act and before conveyance or ascertainment of price or compensation, but subject to giving not less than one month's or, in the case of an occupied dwelling house, three months' previous notice in writing to the occupier of the lands or premises or the owner of the easement or other property or right affected, the Board (and every contractor authorised so to do by the Board) may enter on and take possession of any lands or premises or exercise any right which the Board is authorised by this section to acquire compulsorily, or may terminate, restrict, or otherwise interfere with any easement or other property or right which the Board is authorised by this section compulsorily to terminate, restrict, or interfere with, or may divert, close, remove, or otherwise interfere with any road, way, bridge, water-way, or water-course which the Board is authorised by this section compulsorily to divert, close, remove, or interfere with.

(3) Whenever the Board is of opinion that the payment of compensation for the flooding of or other interference with any lands or premises under this section would be uneconomic or for any other reason inexpedient, the Board may acquire permanently such lands or premises under this section either compulsorily or by agreement.

Ascertainment of price or compensation.

6. —(1) The amount of the price or compensation to be paid by the Board for lands and premises compulsorily acquired (whether permanently or temporarily) by it under this Act to the several persons entitled thereto or having estates or interests therein, or for or in respect of easements, way-leaves, water rights, fishing rights and other rights compulsorily acquired (whether permanently or temporarily) by it to the owner thereof or the several persons entitled to or having estates or interests in the lands and premises over or in respect of which such rights are so acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) The amount of the compensation to be paid by the Board on account of the compulsory termination, restriction, or other interference (whether permanent or temporary) under this Act of or with any easement, water right, fishing right, or other right existing over or in respect of any lands, premises, or water, or the compulsory diversion, closing, removal, or other interference (whether permanent or temporary) under this Act of or with any private road, way, or bridge or any canal or other artificial water-way or any artificial water-course or the compulsory interference under this Act with any lands or premises shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired.

(3) When any price or compensation is being assessed in pursuance of this section in respect of any property, corporeal or incorporeal, which is occupied, used or enjoyed with or forms part of any other property, regard shall be had to any benefit in the nature of drainage or improvement of water supply which may reasonably be expected to accrue to such property by reason of any works executed or in course of execution or about to be executed by the Board under this Act.

(4) All claims for the price of or compensation in respect of any land, premises, or right compulsorily acquired or any lands, premises, right, way, or other property compulsorily interfered with under this Act shall be made within one year after such lands, premises, right, way or property is first entered on, exercised, or interfered with by the Board or a contractor under this Act, save that in the case of permanent interference with a fishery right the claim may be made at any time within ten years after the completion of the works by which the fishery right is so interfered with.

(5) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any price or compensation payable by the Board under this section and to the conveyance to the Board of property, corporeal or incorporeal, compulsorily acquired by it under this Act, and for the purpose of such application the Board shall be deemed to be the promoter of the undertaking.

(6) No action shall lie at law or in equity against the Board or any contractor or any officer or servant of the Board or any contractor for or on account of any act, matter, or thing in respect of which compensation is payable by virtue of this section.

Execution of works in lieu of compensation.

7. —(1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done by the Board under this Act, the Board may execute for the benefit of such person such works as the Board thinks proper, and such person agrees to accept in satisfaction or partial satisfaction of his claim for such compensation.

(2) The Board may attach to the execution of any works under this section such terms and conditions (including terms as to the ownership, possession, and control of such works) as may be agreed on by the Board and the person for whose benefit the works are so executed.

(3) The Minister for Local Government and Public Health may, after consultation with the Board, declare that any particular works executed under this section shall be exempt, either permanently or for a limited time, from assessment for poor rate and also from assessment for any other rate made by a local authority, and whenever any such order is made the works to which such order relates shall be exempt from rates in accordance with such order.

Deposit of plans, etc.

8. —(1) As soon as may be after the passing of this Act and not later than one month before commencing any particular part of the scheduled works or, for that purpose, entering on any lands or premises or exercising any right or interfering with any property, corporeal or incorporeal, under this Act, the Board shall cause maps, plans, and books of reference in relation to those works to be deposited as hereinafter mentioned.

(2) The maps and plans to be deposited under this section shall be sufficient in quantity and character to show on adequate scales the extent of the scheduled works to which they relate with all contemplated deviations and variations, and also all property, corporeal and (where appropriate) incorporeal, proposed to be acquired compulsorily for the purpose of such works and also every interference (so far as the same can be shown on a drawing) proposed to be made compulsorily for the said purpose with any property, corporeal or incorporeal, or any road or bridge.

(3) The books of reference to be deposited under this section shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all lands and premises proposed to be acquired or otherwise affected compulsorily under this Act for the purpose of the scheduled works in relation to which they are deposited and of all property, corporeal or incorporeal (including roads and bridges), proposed to be in any way interfered with compulsorily under this Act for the purpose of such works.

(4) The maps, plans, and books of reference to be deposited under this section shall be deposited at the head office of the Board in the City of Dublin, and also, in the case of maps, plans, and books of reference relating to any of the scheduled works or to any property south of the bridge crossing the River Shannon at the northern end of Lough Derg and known as Portumna Bridge at the office of the Board or some other convenient place in the City of Limerick, and, in the case of maps, plans, and books of reference relating to any of the scheduled works or to any property north of the said bridge, at a convenient place in the town of Portumna, or at such other place or places as the Board may, with the approval of the Minister, determine, and all such maps, plans, and books of reference shall remain so deposited until the completion of the scheduled works to which they relate, and while so deposited shall be open to inspection by any person free of charge at the place of deposit between the hours of ten o'clock in the morning and four o'clock in the afternoon of every day except Saturdays, Sundays and bank holidays.

(5) As soon as may be after the deposit of any maps, plans or books of reference in any city or town in pursuance of this section, the Board shall give public notice of such deposit by advertisement published twice in each of two or more newspapers circulating in such city or town, and shall in every such notice state that such maps, plans, and books of reference are open to public inspection in accordance with this section.

Protection of postal and telegraphic services.

9. —Neither the Board nor any contractor executing works under this Act shall by virtue of this Act acquire, enter on, remove, or otherwise interfere with any lands, premises, buildings, works, plant, materials, or other property of the Minister for Posts and Telegraphs or erect any works or do any other matter or thing which in the opinion of the Minister for Posts and Telegraphs would obstruct, delay, hinder, or otherwise injuriously affect the due execution of the public services of the Department of Posts and Telegraphs.

Exemption of scheduled works from rates.

10. —(1) The scheduled works shall, while in the exclusive possession and control of the Board, be exempt from assessment for poor rate and also from assessment for any other rate made by a local authority.

(2) In this section the expression “local authority” includes (in addition to the meaning given to it by the Principal Act) any body of persons having power under an Act of the Parliament of Ireland or any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas to assess and levy a rate on land or on persons in respect of their occupation of land.

Protection of public roads and bridges.

11. —If and whenever the execution of any of the scheduled works under this Act involves the diversion, removal, or other interference with any public road or bridge the following provisions shall have effect, that is to say:—

(a) where the execution of the scheduled works involves the closing of the road or bridge to traffic the Board shall construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge in the same or some other convenient situation sufficient to carry traffic of such quantity and character as normally uses such road or bridge;

(b) the Board shall at or before the completion of the scheduled works either restore the road or bridge to its former condition or construct, after consultation with the Minister for Local Government and Public Health, a new permanent road or bridge in the same or some other convenient situation sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge;

(c) where the Board constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district than the original bridge, by affording an improved means of communication or otherwise, the Board shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost in his opinion ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of the maintenance of county or urban roads (as the case may be) and shall be paid by such council to the Board;

(d) if any doubt, dispute, or question shall arise as to whether the Board in the construction, maintenance, or restoration of any temporary or permanent road or bridge pursuant to this section has complied with the provisions of this section, or as to whether a permanent new bridge constructed by the Board confers substantially greater advantages on the public of any county or urban district than the original bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health, whose decision shall be final.

Advances from the Central Fund to the Board.

12. —(1) The Minister for Finance may, subject to the limitations imposed by this section, advance out of the Central Fund or the growing produce thereof to the Board as and when requested so to do by the Board all such sums (not exceeding in the aggregate the amount hereinafter mentioned) as the Minister for Industry and Commerce shall from time to time certify to be reasonably and properly required by the Board for any purpose arising under this Part of this Act.

(2) The total amount of the advances to be made to the Board under this section out of the Central Fund or the growing produce thereof shall not exceed the sum of five hundred and thirty thousand pounds.

(3) The Minister for Finance may, for the purpose of providing for the advance of sums out of the Central Fund under this section, or for the repayment to that Fund of all or any part of the sums so advanced, or for paying off any securities issued under this section so far as such payment is not otherwise provided for, borrow money by means of the issue of such securities as he thinks proper, and all sums so borrowed shall be paid into the Exchequer.

(4) The principal of and interest on all securities issued under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.

(5) The sums to be advanced under this section shall be expended by the Board solely for the purpose of the scheduled works or the doing of anything which the Board is authorised by this Part of this Act to do.

Payment of interest on advances from the Central Fund.

13. —(1) The Board shall pay to the Minister for Finance on every sum advanced to the Board out of the Central Fund under this Act interest from the date of the advance of such sum until the same is repaid at such rate as shall be appointed by the Minister for Finance and such interest shall be so paid by equal half-yearly payments on such days in every year as the Minister for Finance shall from time to time appoint.

(2) If the Board fails to pay to the Minister for Finance any interest payable by it under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on the interest so unpaid from the time appointed as aforesaid until the same is actually paid.

(3) All interest paid to the Minister for Finance by the Board under this section shall be paid into the Exchequer in such manner as the said Minister shall from time to time direct.

(4) The Minister for Finance may from time to time vary the rate at which interest payable under this section is to be paid.

Repayment of advances from the Central Fund.

14. —(1) For the purpose of providing for the repayment by the Board of the advances made to it out of the Central Fund under this Act, the Board shall make to the Minister for Finance half-yearly payments commencing on such date as the said Minister after consultation with the Minister shall appoint and continuing for such number of years and being of such amounts and payable at such times as the said Minister after consultation as aforesaid shall appoint, and different such dates, numbers of years, amounts, and times may be so appointed in respect of different portions of such advances.

(2) The several half-yearly payments to be made to the Minister for Finance by the Board under this section shall be applied by the said Minister as sinking funds for the repayment of the several portions of the advances in respect of which such half-yearly payments are made and when the Board has paid to the said Minister the full number of the half-yearly payments appointed under this section in respect of any portion of such advances (together with any interest which may have become payable under this section in respect of any of such half-yearly payments) such portion of such advances shall be deemed to be fully repaid by the Board without prejudice to the liability of the Board for any interest then unpaid in respect of such portion of such advances.

(3) If the Board fails to pay to the Minister for Finance any half-yearly payment or portion of a half-yearly payment payable by it to the said Minister under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on such half-yearly payment or portion of a half-yearly payment from the time appointed as aforesaid until the same is actually paid.

(4) The Minister for Finance may from time to time vary the rate at which interest payable under the foregoing sub-section of this section is to be paid.

(5) All moneys paid by the Board to the Minister for Finance under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the said Minister shall from time to time direct.

Charge on scheduled works.

15. —(1) Every sum advanced to the Board out of the Central Fund under this Act and all interest and every half-yearly payment payable by the Board under this Act on or in respect of such sum and all interest payable by the Board under this Act on any such interest or half-yearly payment shall become and be—

(a) a first charge on the scheduled works, and

(b) a charge on the Shannon works puisne only to the charges thereon created by section 16 of the Principal Act, and

(c) a floating charge (puisne only to the floating charges created by section 16 of the Principal Act) on all property of whatsoever nature or kind (other than the Shannon works or the scheduled works) from time to time vested in or owned by the Board, but the floating charge hereby created shall not operate to prevent or restrict the alienation or other dealing by the Board of or with any of such property in the due and proper exercise of the powers or performance of the duties conferred or imposed on the Board by law or which may hereafter be conferred or imposed on the Board.

(2) The charges created by this section shall be vested in the Minister for Finance and may be enforced by that Minister in due form of law whenever he shall think proper so to do and whether any interest or half-yearly payment secured by such charge is or is not due and unpaid and all moneys recovered by virtue of any such charge shall be paid into the Exchequer in such manner as the said Minister shall direct.

Grants by the Minister for Finance.

16. —(1) The Minister for Finance may, as and when requested so to do by the Board, make out of moneys provided by the Oireachtas grants to the Board of such sums (not exceeding in the aggregate the total amount hereinafter mentioned) as the Minister for Industry and Commerce shall from time to time certify to be reasonably and properly required by the Board for any particular purpose to which such grants are applicable under this section.

(2) The total amount of the grants which may be made to the Board under this section shall not exceed the sum of ninety-three thousand pounds.

(3) Every grant made by the Minister for Finance under this section shall be applied by the Board for such of the following purposes as is specified in the relevant certificate of the Minister for Industry and Commerce, that is to say, the execution of the scheduled works or the doing of any other thing which the Board is authorised by this Part of this Act to do.