Number 20 of 1958.
GREAT NORTHERN RAILWAY ACT, 1958.
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
Section | |
Transfer of Assets and Liabilities of Great Northern Railway Board
Staff
Continuance of existing superannuation schemes in relation to employees of Dundalk Works. | |
Compensation for employees of Irish Railway Clearing House in cases of dismissal or transfer. | |
Winding-Up of Great Northern Railway Board
Finance
Draft Terms of Agreement to be made between the Minister and the Ministry
Acts Referred to | |
1953, No. 17 | |
1933, No. 11 | |
1950, No. 12 | |
1958, No. 19 | |
1932, No. 2 | |
1933, No. 8 | |
1958, No. 20 | |
1955, No. 25 | |
Number 20 of 1958.
GREAT NORTHERN RAILWAY ACT, 1958.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Great Northern Railway Act, 1958.
Power to Minister to enter into agreement.
2.—In this Act—
“the Act of 1953” means the Great Northern Railway Act, 1953;
“the Board” means Córas Iompair Éireann;
“the Company” means Dundalk Engineering Works Limited or such other company as the Minister may by order designate as its successor for the purposes of this Act;
“the transfer date” has the meaning assigned to it by section 7;
“land” includes land covered by water and any easement, profit or right in or over land or land covered by water;
“the Minister” means the Minister for Industry and Commerce;
“the Ministry”means the Ministry of Commerce for Northern Ireland;
“the Minister of Commerce”means the Minister of Commerce for Northern Ireland;
“the outgoing Board”means the Great Northern Railway Board;
“the scheduled agreement”means the agreement entered into in pursuance of section 3.
Power to Minister to enter into agreement.
3.—The Minister is hereby authorised to enter into an agreement with the Ministry in the terms of the draft set out in the Schedule.
Exemption from stamp duties.
4.—Section 12 of the Finance Act, 1895, shall not operate so as to require the Board to deliver to the Revenue Commissioners a copy of this Act or of an order under section 8 or to pay any stamp duty under the said section 12 on any such copy.
Expenses.
5.—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.
Repeals.
6.— (1) The following provisions of the Act of 1953 are hereby repealed as from the transfer date: Part II (except sections 6, 17, 18 and 19), Part III, sections 28 and 34, subsection (2) of section 35, Part V and Part VI.
(2) The Act of 1953, so far as unrepealed by subsection (1), is hereby repealed as from the date of dissolution of the outgoing Board under section 20.
PART II.
Transfer of Assets and Liabilities of Great Northern Railway Board.
Transfer of undertaking.
7.—(1) The part of the undertaking of the Great Northern Railway Board within the State shall vest in Córas Iompair Éireann (in this Act called “the Board”) on the 1st day of October, 1958 (in this Act called “the transfer date”).
(2) The transfer effected by this section shall extend to all land vested in the Minister or the outgoing Board under the Act of 1953 together with all assets to which the Minister is entitled under the scheduled agreement and all powers, rights, licences and privileges held or enjoyed in connection with or appertaining to the said land and assets but does not include land and assets dealt with under subsection (4) or under section 8.
(3) The outgoing Board shall, at the request of the Board, execute all such instruments and do all such acts as may be necessary to enable the Board to have effectively transferred into its name any assets vested in the Board by this section.
(4) The assets of the outgoing Board in respect of the County Donegal Railways Joint Committee and the Strabane and Letterkenny Railway Company and all powers, rights, licences and privileges held or enjoyed in connection with or appertaining to the said bodies shall, to such extent as the Minister may agree pursuant to paragraph 5 of the scheduled agreement, vest in the Board as from such date as may be so agreed.
Vesting of Dundalk Works.
8.—(1) The Minister may by order vest in the Company such land (being land vested in the outgoing Board or vested in the Minister and used or occupied by the outgoing Board for the purposes of the Dundalk Works or parts of any such land) and such chattels used or acquired in or in connection with the Dundalk Works as may be agreed between the outgoing Board and the Company or, failing agreement, be determined by the Minister and, in either case, indicated in the order.
(2) The order shall operate to vest (on payment by the Company of such consideration, if any, as may be specified in the order) such lands and chattels in the Company on such day as may be provided for by the order for all the estate, right, title and interest of the outgoing Board or the Minister, as the case may be.
Liabilities and contracts.
9.—(1) The Board shall, to the exclusion of the outgoing Board, be subject to all liabilities (other than liabilities in relation to land not vested in the Board) to which the outgoing Board was subject immediately before the transfer date.
(2) Subsection (1) shall not apply to any statutory obligation of the outgoing Board to repay any moneys advanced in respect of anticipated losses.
(3) All contracts, deeds, bonds, agreements and other instruments and all working arrangements subsisting immediately before the transfer date and affecting the outgoing Board (otherwise than in relation to land not vested in the Board) shall be of as full force and effect against or in favour of the Board and may be enforced as fully and effectually as if, instead of the outgoing Board, the Board had been a party thereto.
(4) The ultimate liability of the Board for the liabilities and obligations of the outgoing Board shall be determined in accordance with the scheduled agreement.
(5) The Board shall stand in the place of the Minister under paragraphs 1 to 6 and subparagraphs (b) and (c) of paragraph 7 of the scheduled agreement and shall be responsible, to the exclusion of the Minister, for the discharge of the liabilities assumed by the Minister under those provisions.
(6) The Company shall stand in the place of the Minister under subparagraph (d) of paragraph 7 of the scheduled agreement and shall be responsible, to the exclusion of the Minister, for the discharge of the liabilities assumed by the Minister under that subparagraph.
(7) Subject to subsections (1) and (2), a proceeding (including an arbitration) or cause of action pending or existing immediately before the transfer date by or against the outgoing Board shall not abate, be discontinued or be in any way prejudicially affected by reason of anything in this Act, but the proceeding or cause of action may be continued and enforced by or against the Board as it might have been by or against the outgoing Board if this Act had not been passed, but not further or otherwise.
Discharge of certain liabilities of Board.
10.—(1) The capital liability of the outgoing Board to the Minister and to the Minister of Commerce, directed by subsection (2) of section 35 of the Act of 1953 to be shown in the accounts of the outgoing Board, is hereby discharged with effect as from immediately before the transfer date.
(2) The liabilities of the outgoing Board to the Minister in respect of payments made under subsection (3) of section 30 of the Act of 1953, or under subsection (3) of section 33 of that Act, are hereby discharged with effect as from immediately before the transfer date.
Transfer of public service vehicle licences.
11.—On and after the transfer date any public service vehicle licence under the Road Traffic Act, 1933, held immediately before that date by the outgoing Board shall stand transferred to the Board and shall have effect as if the Board were named therein as the holder.
Existing bye-laws.
12.—All bye-laws made or deemed to have been made by the outgoing Board and in force immediately before the transfer date shall, on and after that date, continue in force in relation to the undertaking vested in the Board by this Act and be deemed to have been made under section 22 of the Act of 1950 and shall be capable of being amended or revoked by bye-laws under that section.
Existing rules and regulations.
13.—All rules and regulations made by the outgoing Board or by the former Great Northern Railway Company (Ireland) and in force immediately before the transfer date shall, on and after that date, continue in force until revoked, altered or superseded.
PART III.
Staff.
Transfer of officers and servants of the outgoing Board.
14.—(1) Subject to subsection (2), every person who, immediately before the transfer date, was an officer or servant of the outgoing Board and was then resident in the State shall on that date become an officer or servant of the Board on the same terms and conditions of service.
(2) (a) Any such officer or servant who, immediately before the transfer date, was a member of the Railway Clearing System Superannuation Fund shall continue to be an officer or servant of the outgoing Board and shall, on and after that date, be seconded for duty to the Board.
(b) The obligations, whether obtaining legally or by customary practice, of the outgoing Board under the Railway Clearing System Superannuation Fund in respect of every such officer or servant shall continue to be binding on the outgoing Board and, after the dissolution of the outgoing Board, shall bind the Board.
(c) All moneys from time to time required by the outgoing Board to discharge its obligations in respect of any such officer or servant shall on demand be paid to it by the Board.
(d) All the rights and obligations conferred or imposed on the outgoing Board by the contract of service or by law in respect of an officer or servant so seconded shall, save as provided by paragraph (b), be rights and obligations of the Board.
(e) On the dissolution of the outgoing Board every seconded officer or servant then in its service shall become an officer or servant of the Board on the same terms and conditions of service.
(3) (a) The obligations, whether obtaining legally or by customary practice, of the outgoing Board under the Railway Clearing System Superannuation Fund in respect of every person who, immediately before the transfer date, is entitled to benefit under that Fund and who was resident in the State when he first became so entitled shall continue to be binding on the outgoing Board and, after the dissolution of the outgoing Board, shall bind the Board.
(b) All moneys from time to time required by the outgoing Board to discharge its obligations in respect of any such person shall on demand be paid to it by the Board.
Continuance of existing superannuation schemes in relation to employees and former employees of outgoing Board.
15.—(1) In this section—“existing superannuation scheme” means a pension or staff fund referred to in the scheduled agreement in so far as it applies to—
(a) any former officer or servant of the outgoing Board transferred or seconded to the Board, or
(b) any person who, immediately before the transfer date, is entitled to benefit under any such fund and who was resident in the State when he first became so entitled;
“member” means any such former officer or servant or person so entitled.
(2) The outgoing Board shall transfer to the Board the securities and moneys held by it for the purposes of an existing superannuation scheme certified by an actuary appointed jointly by the Minister and the Ministry to be appropriate to its members to be held by the Board for the same purposes.
(3) The Board, subject to the approval of the Minister, shall from time to time appoint trustees for the purposes of any existing superannuation scheme and shall transfer the securities and moneys held by it for the purposes of the scheme to the said trustees.
(4) Subject to the provisions of this section, every existing superannuation scheme and the management thereof shall, on and after the transfer date, continue in being.
(5) For the purposes of any enactment and of rules and regulations relating to any existing superannuation scheme, the following provisions shall, on and after the transfer date, have effect:
(a) any power of the outgoing Board or any officer thereof in relation to the said scheme may be exercised by the Board or any officer of the Board authorised by the Board in that behalf;
(b) the service or employment or dismissal under or by the Board of any officer or servant of the outgoing Board who is employed by the Board shall be deemed to be service or employment or dismissal under or by the outgoing Board;
(c) where under the rules of the said scheme the outgoing Board is empowered to appoint officers and servants to any managing committee, the Board in exercising those powers shall appoint officers or servants of the Board who are members of the said scheme or who, but for this Act or the Act of 1953, would have been eligible for appointment to such managing committee.
(6) The obligations, whether obtaining legally or by customary practice, of the outgoing Board in respect of any existing superannuation scheme and in respect of every member of the said existing superannuation scheme shall be binding on the Board.
(7) All persons who are or have been members of any existing superannuation scheme 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 but for this Act.
(8) Any former officer or servant of the outgoing Board transferred to the Board who is not a member of any existing superannuation scheme shall, so long as he remains in the service of the Board, have the same right (if any) to become a member of any such scheme as he would have had but for this Act if he had remained in the service of the outgoing Board.
(9) An officer or servant of the Board who is a member of an existing superannuation scheme shall not be eligible to become a member of a superannuation scheme established before the transfer date for employees of the Board.
(10) The Board may whenever it thinks proper prepare and submit to the Minister a scheme amending (whether by addition, omission or variation) an existing superannuation scheme or amending, as aforesaid, or revoking an amending scheme under this section for the time being in force, and subsections (2), (3), (4) and (6) of section 44 of the Transport Act, 1950, shall apply in relation to every scheme submitted under this section.
(11) Nothing in this section shall be construed as preventing the Board from amending an existing superannuation scheme in accordance with a power in that behalf contained therein.
(13) References in this section to an existing superannuation have been set up under an irrevocable trust.
(13) References in this section to an existing superannuation scheme are to the scheme as adapted by section 40 of the Act of 1953.
Continuance of existing superannuation schemes in relation to employees of Dundalk Works.
16.—(1) In this section—
“existing superannuation scheme” means a pension or staff fund referred to in the scheduled agreement in so far as it applies to any former officer or servant of the outgoing Board employed by the Company, such fund being taken as having continued to apply to him after such employment;
“member” means any such former officer or servant.
(2) The outgoing Board shall transfer to the Company the securities and moneys held by it for the purposes of an existing superannuation scheme certified by an actuary appointed jointly by the Minister and the Ministry to be appropriate to its members, to be held by the Company for the same purposes.
(3) The Company, subject to the approval of the Minister, shall from time to time appoint trustees for the purposes of any existing superannuation scheme and shall transfer the securities and moneys held by it for the purposes of the scheme to the said trustees.
(4) Subject to the provisions of this section, every existing superannuation scheme and the management thereof shall, on and after the transfer date, continue in being.
(5) For the purposes of any enactment and of rules and regulations relating to any existing superannuation scheme, the following provisions shall, on and after the transfer date, have effect:
(a) any power of the outgoing Board or any officer thereof in relation to the said scheme may be exercised by the Company or any officer of the Company authorised by the Company in that behalf;(b) the service or employment or dismissal under or by the Company of any former officer or servant of the outgoing Board who is employed by the Company shall be deemed to be service or employment or dismissal under or by the outgoing Board;
(c) where under the rules of the said scheme the outgoing Board is empowered to appoint officers and servants to any managing committee, the Company in exercising those powers shall appoint officers or servants of the Company who are members of the said scheme.
(6) The obligations, whether obtaining legally or by customary practice, of the outgoing Board in respect of any existing superannuation scheme and in respect of every member of the said existing superannuation scheme shall be binding on the Company.
(7) All persons who are or have been members of any existing superannuation scheme and all persons claiming in right of any such members shall continue to be entitled to the same benefits, rights and privileges and subject to the same obligations, whether obtaining legally or by customary practice, as heretofore.
(8) Any former officer or servant of the outgoing Board employed by the Company who is not a member of any existing superannuation scheme 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 scheme as heretofore.
(9) Where a member of an existing superannuation scheme leaves the service of the Company the trustees of the scheme may, on the application of the member and if the Minister, having regard to all the circumstances, so thinks proper, transfer the proportion of the amount to the credit of the scheme properly attributable to him to any other superannuation scheme of which he becomes a member.
(10) Nothing in this section shall be construed as preventing the Company from amending an existing superannuation scheme in accordance with a power in that behalf contained therein.
(11) An existing superannuation scheme shall be deemed to have been set up under an irrevocable trust.
(12) References in this section to an existing superannuation scheme are to the scheme as adapted by section 40 of the Act of 1953.
Compensation for employees of Board and former employees of outgoing Board in cases of dismissal or transfer.
17.—(1) This section shall have effect in the following cases:
(a) where, as a consequence of the vesting on the transfer date of the part of the undertaking of the outgoing Board within the State, the Board, within five years after the passing of this Act, dispenses with the services of an officer or servant (including an officer or servant transferred or seconded under section 14) or transfers him to another position in its service;
(b) where, before the transfer date, the outgoing Board, as a consequence of ceasing to provide a service of trains, dispensed with the services of an officer or servant or transferred him to another position in its service, and the officer or servant was resident in the State at the time of his dismissal or transfer;
(c) where the Board ceases to provide or permanently reduces any transport service by rail or inland waterway or substitutes diesel for steam traction or where an order is made under section 9 of the Transport Act, 1958, in relation to a specified level crossing and as a consequence thereof the Board, within five years after the passing of that Act, either dispenses with the services of an officer or servant (being an officer or servant transferred or seconded under section 14) or transfers him to another position in its service.
(2) This section applies only to an officer or servant who at the date of his dismissal or transfer was employed in a permanent capacity or who was, except for casual interruptions of employment, employed, whether by the outgoing Board or by the Board, during the whole of the preceding three years.
(3) A person to whom this section applies shall be entitled to compensation under section 14 of the Transport Act, 1958, to the same extent and on the same conditions as a person to whom that section applies, but, in construing for the purposes of this subsection the Second Schedule to the Transport Act, 1958, that Schedule shall be deemed to contain an additional paragraph as follows:
“8. (a) References in the Fourth Schedule to the Act of 1950 to a former transport company shall be construed as including references to the Great Northern Railway Board and the Great Northern Railway Company (Ireland).
(b) References in the said Fourth Schedule to a former road transport licensee shall be construed as including references to a person who was the holder of a passenger licence, within the meaning of the Road Transport Act, 1932, or of a merchandise (existing carrier's) licence within the meaning of the Road Transport Act, 1933, and whose said licence was transferred to the Great Northern Railway Board or the Great Northern Railway Company (Ireland).
(c) For the purpose of reckoning the pensionable service of a person under the said Fourth Schedule—
(i) the pensionable service shall include any service (having been with a former road transport licensee within the meaning of the said Fourth Schedule or of that Schedule as extended by subparagraph (b) of this paragraph) which is recognised for the purpose of an existing superannuation scheme as defined in section 15 of the Great Northern Railway Act, 1958, and
(ii) if the person was taken into the employment of the Board as a specially qualified person at an age exceeding that at which transport service usually began, his pensionable service may be increased by the addition of such number of years as may seem just.”
(4) The references to the said section 14 in sections 15 and 17 of the Transport Act, 1958, shall be construed as including references to this section.
Compensation for employees of Irish Railway Clearing House in cases of dismissal or transfer.
18.—(1) This section shall have effect where, as a consequence of the undertaking of the outgoing Board having ceased to be vested in that Board, the Irish Railway Clearing House, within five years after the passing of this Act, dispenses with the services of an officer or servant or transfers him to another position in its service.
(2) This section applies only to an officer or servant who at the date of his dismissal was employed in a permanent capacity or who was, except for casual interruptions of employment, employed by the Irish Railway Clearing House during the whole of the preceding three years.
(3) If his services are dispensed with, he shall be paid by the Irish Railway Clearing House compensation calculated in accordance with the Second Schedule to the Transport Act, 1958.
(4) If he is transferred to another position and thereby suffers a worsening of his conditions of service as an officer or servant of the Irish Railway Clearing House, he shall be paid by the Irish Railway Clearing House compensation consisting of a lump sum of such amount as is reasonable.
(5) For the purposes of subsection (4) of this section—
(a) an officer or servant of the Irish Railway Clearing House shall be deemed to suffer a worsening of his conditions of service as an officer or servant thereof if, having been transferred, without his consent, by the Irish Railway Clearing House from one position to another in its service, by reason thereof he suffers any direct pecuniary loss or is in a worse position in respect of the conditions of his service as a whole (including tenure of office or employment, remuneration, gratuities, superannuation, sick fund or other benefits or allowances, whether obtaining legally or by customary practice and whether applicable to himself or his widow or children or other dependants) as compared with those obtaining in respect of him before the transfer;
(b) an officer or servant of the Irish Railway Clearing House, who is transferred by the Irish Railway Clearing House from one position in its service to another, shall be deemed to suffer a worsening of his conditions of service as an officer or servant thereof if he is required by the Irish Railway Clearing House to perform in the position to which he is so transferred duties which are not analogous to or are an unreasonable addition to those which before the transfer he was required to perform in the position from which he was so transferred.
(6) Sections 41, 42 and 43 of the Act of 1950 (which relate to the determination of compensation under that Act) shall apply to compensation under this section, references to the Board being construed as references to the Irish Railway Clearing House.
(7) In construing for the purposes of this section the Second Schedule to the Transport Act, 1958, and the Fourth Schedule (as applied by the said Second Schedule) to the Transport Act, 1950—
(a) in paragraph 5 of the said Second Schedule “the Irish Railway Clearing House or ” shall be inserted before “a local authority” and “from the Irish Railway Clearing House” shall be substituted for “from the Board”;
(b) in subclause (ii) of clause (a) of subparagraph (2) of paragraph 1 of the said Fourth Schedule, “if that person had service with a former transport company,” shall be deleted, and
(c) in subparagraph (b) of paragraph 4 of the said Fourth Schedule, “the Irish Railway Clearing House” shall be substituted for “the Board”.
Existing compensation provisions.
19.—(1) Section 38 of the Act of 1953, which provides for compensation in certain cases of dismissal or transfer of officers and servants, shall not apply to a person to whom section 17 applies.
(2) The repeal of the said section 38 shall not affect the right of any person entitled to compensation under it to the payment or continuance of such compensation.
PART IV.
Winding-up of Great Northern Railway Board.
Winding-up of Great Northern Railway Board.
20.—(1) When the outgoing Board has complied with any request made to it by the Board for the purpose of securing that the ownership of any property or assets or any right is effectively transferred to the Board and ascertained that the Board does not desire to make any further request, the outgoing Board shall notify the Minister.
(2) If the Minister, after consultation with the Minister of Commerce, is satisfied (whether any such notice has been given to him or not) that any request so made has been complied with and that there are no further requirements to be complied with, the Minister shall make an order that there is no reason for the continued existence of the outgoing Board and shall cause the order to be published in Iris Oifigiúil, and upon the publication thereof the outgoing Board shall be dissolved and section 6 of the Act of 1953, by which it was incorporated, shall cease to have effect.
(3) During the period beginning on the transfer date and ending on the dissolution of the outgoing Board, the statutory provisions and other instruments relating to it shall remain in force in relation thereto as if this Act had not passed, so far as the powers conferred thereby are required for the remaining purposes of the outgoing Board.
(4) One half of all expenses reasonably and properly incurred by the outgoing Board (including remuneration of its members and of the actuary appointed for the purpose of subparagraph (e) of paragraph 7 of the scheduled agreement) after the transfer date for the purpose of winding up its affairs shall be defrayed by the Board, and the Board shall make available to the outgoing Board such facilities for the examination of and the making of extracts from or copies of books, accounts and documents surrendered to the Board as the outgoing Board may reasonably require, and the Board shall make available to the outgoing Board the services of such officers and servants, on such terms and conditions, and for such period, as may be agreed between the Board and the outgoing Board or, failing agreement, as may be determined by the Minister in agreement with the Ministry, and one half of the remuneration of those officers and servants shall be defrayed by the Board.
(5) All other expenses reasonably and properly incurred by the outgoing Board shall be defrayed by the Board.
Continuance of certain notices.
21.—Every notice served by or on the outgoing Board before the transfer date the effect or term of which has not ceased or expired before that date shall, so far as it is not inconsistent with this Act, continue in force and have effect thereafter as if it were a notice served by or on the Board on the date on which it was actually served and as if the functions or property to which the said notice relates had on the same date already vested in the Board.
Provisions in relation to income tax.
22.—(1) The outgoing Board shall, on and after the transfer date, continue to be liable under the Income Tax Acts to prepare and deliver any statement, return or particulars required for the purposes of those Acts for any year of assessment ending on or before the 5th day of April next following that date.
(2) Assessment to income tax for any year of assessment ending on or before the 5th day of April next following the transfer date may be made on the outgoing Board on or after that date, and income tax in respect of any such assessment so made, which shall have become final and conclusive, shall, when it becomes due and payable, be deemed to have become due and payable before that date.
(3) For the purposes of this section the secretary of the Board or other officer performing the duties of secretary of the Board shall be deemed to be secretary of the outgoing Board or other officer performing the duties of secretary.
(4) The Board shall be and is hereby empowered to deduct out of the emoluments of any person holding an office or employment of profit under the Board any income tax charged on the outgoing Board in respect of any office or employment of profit held by such person under the outgoing Board.
(5) For the purposes of this section but not further or otherwise the outgoing Board shall be deemed to continue in existence on and after the date of dissolution under section 20.
PART V.
Finance.
Grants to Board.
23.—The annual grant to be made by the Minister to the Board under section 10 of the Transport Act, 1958, in the financial year beginning on the 1st day of April, 1959, and in each of the next four financial years is hereby increased from £1,000,000 to £1,175,000 and that section shall stand amended accordingly.
Borrowing powers of Board.
24.—Section 28 of the Transport Act, 1950 (as amended by section 2 of the Transport Act, 1955) is hereby amended by the substitution in paragraph (c) of subsection (1) (which imposes a limit on temporary borrowing) of £2,000,000 for £1,500,000.
State guarantee of temporary borrowing.
25.—Subsection (1) of section 30 of the Transport Act, 1950 (as amended by section 3 of the Transport Act, 1955) is hereby amended by the substitution in paragraph (b) (which imposes a limit on the guarantee by the Minister for Finance of temporary borrowing) of £1,500,000 for £1,000,000.
SCHEDULE.
Draft Terms of Agreement to be made between the Minister and the Ministry.
Section 3.
1. The Agreement (hereinafter referred to as “the 1953 Agreement”) between the parties hereto made on the 10th day of August, 1953, shall terminate on the 1st day of October, 1958 (hereinafter referred to as “the transfer date”), without prejudice to its application to periods before that date.
2. The assets and liabilities of the Great Northern Railway Board (hereinafter referred to as “the Board”) at the transfer date shall, subject to such adjustment as may be necessary in pursuance of the 1953 Agreement, be apportioned between the parties in accordance with the subsequent paragraphs of this Agreement.
3. The assets of the Board shall be divided as follows:
(a) lands, premises and chattels (other than chattels referred to in the succeeding subparagraphs of this paragraph) shall be transferred to the party of the area in which the property is situate;
(b) railway rolling stock shall be shared equally by value between the parties, except in so far as they may otherwise agree for the purpose of securing an equitable division of the undertaking;
(c) road and tramway rolling stock shall be transferred to the Minister for Industry and Commerce;
(d) stores and materials shall be shared equally by value between the parties;
(e) chattels not situate immediately before the transfer date in the area in which they are normally situate shall be transferred to the party of the area in which they are normally situate;
(f) chattels normally housed in any railway rolling stock shall pass with that rolling stock;
(g) other assets (except those dealt with in paragraph 5) shall be shared equally by value between the two parties.
4. (a) The liabilities of the Board shall be apportioned equitably between the parties.
(b) The said liabilities include liabilities under continuing contracts both as to periods up to the transfer date and thereafter but do not include liabilities dealt with in paragraph 5, 6 or 7.
(c) The parties shall make such arrangements in regard to any such contract as may be necessary to implement this paragraph and to safeguard the rights of the other party to the contract.
5. The assets and liabilities of the Board in respect of the County Donegal Railways Joint Committee and the Strabane and Letterkenny Railway Company shall be transferred to and disposed of by the parties in such manner as the parties may agree.
6. The rights and obligations of the Board in respect of any person employed by the Board immediately before the transfer date shall be transferred to the party of the area in which that person is then resident.
7. (a) The obligations, whether obtaining legally or by customary practice, of the Board in respect of any person to whom this paragraph relates and persons claiming in right of any such person under any pension or staff fund referred to in the Schedule to this Agreement shall be transferred in accordance with this paragraph.
(b) Obligations in respect of any person who, immediately before the transfer date, is entitled to benefit under any such fund shall be transferred to the party of the area in which that person was resident when he first became so entitled.
(c) Obligations in respect of any person employed by the Board immediately before the transfer date shall be transferred to the party of the area in which that person is then resident.
(d) Obligations in respect of any person formerly employed by the Board who, before the transfer date, was transferred to the service of Dundalk Engineering Works Limited, shall be transferred to the Minister for Industry and Commerce.
(e) There shall be transferred to the appropriate party hereto, in respect of each person referred to in subparagraph (b), (c) or (d), securities and moneys representing a due proportion of the amount to the credit of any such fund at the transfer date properly attributable to him, as certified by an actuary appointed by the parties jointly.
8. It is agreed that the rights and obligations of the Minister for Industry and Commerce under the foregoing paragraphs of this Agreement may be exercised and performed by Córas Iompair Éireann or, to such extent as that Minister may direct, by Dundalk Engineering Works Limited, and that the rights and obligations of the Ministry may be exercised and performed by the Ulster Transport Authority.
Schedule.
1. Pension Fund for Wages Staff.
2. Wages Staff Pension Fund Reserves (supplementary to No. 1).
3. Female Clerks' Provident Fund.
4. Dundalk Foremen's Annuity Fund.
5. A pension or provident fund providing for supplemental benefit for any member or former member of the staff of the Board or his dependants.
6. Voluntary Fund.