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21 1944

TRANSPORT ACT, 1944

Chapter VII.

Miscellaneous Provisions Applicable to the Company.

Provision of additional transport facilities by the Company.

48. —(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.

Agreements with respect to allocation or routing of traffic, pooling of receipts, etc.

49. —(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.

Revision of existing agreements between the Minister for Posts and Telegraphs and the dissolved companies and determination of disputes between the said Minister and the Company.

50. —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.

Protection of Minister for Posts and Telegraphs.

51. —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.

Cesser of wayleaves payable to the Dublin and Dun Laoghaire Corporations.

52. —(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.

Arrangements between the Company and the Great Northern Railway Company (Ireland) as respects the Dublin Junction Railways, etc.

53. —(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.

Transfer of certain licences to the Company.

54. —(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).

Names and addresses of stockholders.

55. —(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.

Application or certain enactments to the Company.

56. —(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.

(4) The Railways (Valuation for Rating) Act, 1931 (No. 47 of 1931), shall apply to the Company in respect of its railway undertaking in like manner as it applied immediately before the establishment date to the dissolved railway company in respect of its railway undertaking, and accordingly references in the Schedule to that Act to the dissolved railway company shall, on and after the establishment date, be construed as references to the Company.

(5) For the purposes of sections 28 and 30 of the Road Transport Act, 1932 (No. 2 of 1932), the Company shall be deemed to be a company to which Part III of the said Act applies.

(6) The Company shall be deemed to be an authorised (merchandise carrying) company for the purposes of the Road Transport Act, 1933 (No. 8 of 1933).

(7) Subject to the provisions of this Act, the Company shall in relation to its railway undertaking, be deemed to be a railway company for the purposes of any enactment (including any provision of this Act) relating to railways.

Enactments not applicable to the Company.

57. —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.

Exemption from stamp duties.

58. —(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.

Power of the Company to subscribe to charities, etc.

59. —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.

Language of public notices and tickets.

60. —(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.

Service of documents on the Company.

61. —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.

Penalty for trespass on the Company's railways.

62. —(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.