Number 21 of 1944.
TRANSPORT ACT, 1944.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Córas Iompair Éireann.
Preliminary and General.
Incorporation of Córas Iompair Éireann, dissolution of the Great Southern Railways Company and the Dublin United Transport Company, Limited, and transfer of undertakings of dissolved companies to the Company.
Transfer to the Company of undertakings of the dissolved companies. |
Financial Provisions.
Meetings of the Company.
The Board of Directors.
Officers and Servants.
Compensation of certain officers and servants of the dissolved companies. | |
Establishment of associations, etc., calculated to promote the welfare of employees. | |
Miscellaneous Provisions Applicable to the Company.
The Transport Advisory Committee
Transport Charges.
Preliminary and General.
Railway Charges and Conditions of Carriage by Rail Applicable to the Company.
Rail Charges of Railway Companies other than the Company.
Maximum railway charges of companies other than the Company. | |
Alteration of maximum railway charges of companies other than the Company. |
Charges for Tramway Services Operated by the Company.
Maximum charges for tramway services operated by the Company. | |
Alteration of maximum charges for tramway services operated by the Company. |
Charges for Carriage of Merchandise by road, applicable to the Company and Certain other Statutory Carriers.
Canal Charges.
Supplemental Provisions.
Agreed charges by transport undertakers for the carriage of Merchandise. | |
Publication of railway classification of merchandise, etc. by the Company. | |
Abolition of the Railway Tribunal and Transfer of Certain of its Jurisdictions to the High Court.
Transfer of certain jurisdictions of the railway tribunal to the High Court. | |
Right of Minister for Agriculture to appear before the High Court. |
Abandonment of Railway Lines.
Amendment of Road Transport Act, 1933.
Miscellaneous Provisions.
Enactments Repealed as on and from the Establishment Date.
Transitory Provisions in Relation to the Dissolved Companies and the Company.
Stocks of Dissolved Companies to be Exchanged for Stocks of the Company.
Provisions in Relation to Stockholders' Directors.
Compensation of Certain Officers and Servants of the Company.
Enactments not Applying to the Company.
Provisions in Relation to Applications to the Minister for Certain Orders Under this Act.
Miscellaneous Provisions as to Rates Applicable to the Company.
Enactments Amended in their Application to the Company.
Maximum Canal Charges.
Acts Referred to | |
No. 9 of 1933 | |
No. 29 of 1924 | |
No. 2 of 1932 | |
No. 8 of 1933 | |
No. 11 of 1933 | |
No. 2 of 1934 | |
No. 5 of 1925 | |
No. 17 of 1934 | |
No. 23 of 1935 | |
No. 30 of 1923 | |
No. 47 of 1931 | |
Number 21 of 1944.
TRANSPORT ACT, 1944.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Transport Act, 1944.
Interpretation generally.
2.—(1) In this Act—
the expression “the Advisory Committee” means the Transport Advisory Committee established by this Act;
the expression “the Company” means Córas Iompair Éireann;
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.
Prosecution of offences.
3.—An offence under any section of this Act may be prosecuted by the Minister.
Regulations.
4.—The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed.
Repeals.
5.—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.
Expenses of the Minister and the Minister for Agriculture.
6.—(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.
PART II
Córas Iompair Éireann.
Chapter I.
Preliminary and General.
Definitions for purposes of Part II.
7.—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.
Incorporation of certain Acts.
8.—(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.
Chapter II.
Incorporation of Córas Iompair Éireann, dissolution of the Great Southern Railways Company and the Dublin United Transport Company, Limited, and transfer of undertakings of dissolved companies to the Company.
Incorporation of the Company.
9.—(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 Córas Iompair Éireann 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.
Purposes of the Company.
10.—(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.
Dissolution of dissolved companies.
11.—(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.
(2) The provisions set out in the Second Schedule to this Act shall apply in respect of the dissolved companies and the Company.
Transfer to the Company of undertakings of the dissolved companies.
12.—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.
Chapter III.
Financial Provisions.
Capital of the Company.
13.—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.
Substitution of stock of Company for stock of dissolved companies.
14.—(1) On the establishment date, but subject to subsection (2) of this section,—
(a) every person, who immediately before the establishment date, is the registered holder of any stock of the dissolved railway company described in column (2) of Part I of the Third Schedule to this· Act at any reference number (other than reference number 2) shall, for every hundred pounds of that stock held by him, become and be, by virtue of this subsection, the registered holder of the amount, set out in column (4) of the said Part I at the said reference number, of the stock of the Company described in column (3) of the said Part I at the said reference number, and so in proportion for amounts of such stock of the dissolved railway company greater or less than one hundred pounds, in lieu and in exchange for such last-mentioned stock held by him;
(b) every person, who immediately before the establishment date, is the registered holder of any stock of the dissolved railway company described in column (2) of the said Part I at reference number 2, shall, for every hundred pounds of that stock held by him, become and be, by virtue of this subsection, the registered holder of the amount set out in column (4) of the said Part I at the said reference number, of each stock of the Company described in column (3) of the said Part I at the said reference number, and so in proportion for amounts of such stock of the dissolved railway company greater or less than one hundred pounds, in lieu and in exchange for such last-mentioned stock held by him;
(c) every person, who immediately before the establishment date, is the registered holder of any stock of the dissolved transport company described in column (2) of Part II of the Third Schedule to this Act at any reference number, shall, for every hundred pounds of that stock held by him, become and be, by virtue of this subsection, the registered holder of the amount, set out in column (4) of the said Part II at the said reference number, of the stock of the Company described in column (3) of the said Part II at the said reference number and so in proportion for amounts of such stock of the dissolved transport company greater or less than one hundred pounds, in lieu and in exchange for such last-mentioned stock held by him.
(2) No person shall by the operation of subsection (1) of this section be entitled to any fractional part of a pound of any substituted stock, and where, but for this subsection, a person would so become the holder of a fractional part of a pound of any substituted stock, the Company shall pay to such person in cash the par value of such fractional part.
(3) On and from the establishment date every person who by virtue of this section becomes the registered holder of substituted stock shall (subject to the provisions of this Act) accept and be deemed to have accepted the substituted stock allocated to him under this section in substitution for the stock of the dissolved companies held by him and in satisfaction of all claims arising thereunder.
(4) Substituted stock shall, by virtue of this section, be deemed to have been duly created and issued on the establishment date.
Supplemental provisions in relation to substituted stock.
15.—(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.
Creation and issue of subsequent debenture stock.
16.—(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.
Provisions in relation to debenture stock.
17.— (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.
State guarantee of debenture stock.
18.—(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.
Creation and issue of subsequent common stock.
19.—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.
Dividends on the common stock.
20.— 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.
Unclaimed interest and dividends.
21.—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.
Redemption Fund.
22.—(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.
Power of the Company to borrow temporarily.
23.—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.
Cesser of unexercised capital powers of dissolved companies.
24.—On and after the establishment date all unexercised powers of raising money conferred on the dissolved companies shall cease to be exercisable.
Receipt in case of person not sui juris.
25.—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.
Accounts, statistics and returns.
26.—(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.
Audited accounts of the Company to be laid before Houses of the Oireachtas.
27.—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.
Furnishing of yearly accounts of the Company to Stockholders.
28.—(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.
Auditors.
29.—(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.
Chapter IV.
Meetings of the Company.
Date of ordinary meetings.
30.—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.
Quorum of meeting of the Company.
31.—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.
Votes of common stockholders.
32.—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.
Powers as to directors, auditors, etc.
33.—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.
Voting by joint common stockholders.
34.—(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.
Appointment of proxies under power of attorney.
35.—(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.
Closing of transfer books.
36.—(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.
Chapter V.
The Board of Directors.
The board of directors of the Company.
37.—(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),
(b) such number of other directors (in this Chapter and in the Fourth Schedule to this Act referred to as stockholders' directors) as is provided by the said Fourth Schedule.
(2) Subject to subsection (4) of this section, the Board may act notwithstanding any vacancy in its membership.
(3) The Chairman alone shall constitute a quorum at a meeting of the Board.
(4) No meeting of the Board shall be held unless the Chairman is present thereat.
(5) No decision shall be arrived at by the Board at any meeting without the concurrence of the Chairman.
Remuneration of the directors.
38.—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.
Provisions in relation to the Chairman.
39.—(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 Dáil 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.
Managing director.
40.—(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.
Provisions in relation to stockholders' directors.
41.—The provisions set out in the Fourth Schedule to this Act shall apply in respect of the stockholders' directors.
Compensation to certain stockholders' directors.
42.—(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.
Chapter VI.
Officers and Servants.
Compensation of certain officers and servants of the dissolved companies.
43.—(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,
that person shall be paid by the Company compensation calculated in the manner set out in the Fifth Schedule to this Act;
(b) if any dispute or difference shall arise between the Company and any person entitled or claiming to be entitled to compensation under paragraph (a) of this subsection as to whether that person's office or situation was or was not abolished directly and solely in anticipation of or as the result of the amalgamation effected by this Part, it shall be presumed, unless the contrary is proved by the Company, that the office or situation was so abolished;
(c) where a person is dismissed from the service of the dissolved railway company or of the Company in such circumstances that he is entitled to compensation under subsection (4) of section 9 of the Railways Act, 1933 (No. 9 of 1933), then, notwithstanding anything in paragraph (a) of this subsection, he shall not be entitled to compensation by virtue of that paragraph.
(2) Where—
(a) a person was, on the 1st day of July, 1944, an officer or servant of either dissolved company, and
(b) that person, by reason of the amalgamation effected by this Part, is transferred to the service of the Company, and
(c) either—
(i) by reason of such transfer and without his consent, that person suffers any direct pecuniary loss, or is in any worse position in respect of the conditions of his service as a whole (including tenure of office, remuneration, gratuities, superannuation, sick fund or any benefits or allowances of that dissolved company, whether obtaining legally or by customary practice and whether applicable to himself or his widow or children or other dependents) as compared with the conditions of service formerly obtaining with respect to him, or
(ii) that person is required by the Company to perform duties which are not analogous to or are an unreasonable addition to those which, as officer or servant of that dissolved company, he was liable to perform,
he shall be entitled to be paid by the Company compensation consisting of a lump sum of such amount as is reasonable.
(3) For the purposes of subsection (1) of this section, the managing director of the dissolved transport company shall be (deemed to be an officer of that company.
(4) If any dispute or difference shall arise between the Company and any person entitled or claiming to be entitled to compensation under this section as to whether he is or is not entitled to such compensation or as to the amount or method of calculation of such compensation or as to any other matter arising under the Fifth Schedule to this Act, such dispute or difference shall, on the application of the Company or such person, be referred to the standing arbitrator appointed under this section and the decision of the standing arbitrator shall be final.
(5) Any person who is in receipt of an annual sum by way of compensation under this section may, within one year from the date on which the annual sum is fixed, apply to the Company to commute not more than one-fourth of the annual sum by the payment of a capital sum, and thereupon the following provisions shall have effect:—
(a) the Company shall not unreasonably refuse the application;
(b) if the Company refuses the application the applicant may, within one month after the Company has notified the applicant of such refusal, appeal to the standing arbitrator, who shall hear and determine the appeal, and the decision of the standing arbitrator shall be final and conclusive;
(c) where the Company grants the application or, on the refusal of the application by the Company, the standing arbitrator, on appeal, decides it should be granted—
(i) the Company shall, after the capital sum to be paid by way of commutation has been calculated, inform the applicant of the amount thereof and the applicant may, within one month after being so informed, withdraw his application,
(ii) if the applicant does not so withdraw his application, the Company shall pay to the applicant the said capital sum by way of commutation of the said part of the said annual sum;
(d) the said capital sum to be paid by way of commutation shall be such sum as would, on the date of the application, purchase, through an annuity scheme approved by the Minister, an immediate life annuity payable to the applicant equal to the annual amount of the said part of the said annual sum, the applicant's age for this purpose being reckoned at the age he will attain on his birthday next following the date of the application.
(6) The Chief Justice, whenever so requested by the Minister, shall appoint a person to be the standing arbitrator for the purposes of this section, and shall fix the fees to be paid to that person in respect of· any dispute or difference referred to him under subsection (4) of this section or any appeal to him under subsection (5) of this section.
(7) The fees payable to the standing arbitrator shall be paid by the Company.
(8) The standing arbitrator—
(a) may administer oaths,
(b) may award costs in his discretion, direct to and by whom and in what manner those costs or any part thereof shall be paid, measure the amount of those costs and require security for costs to be given to his satisfaction by any party at any stage of the proceedings before him,
(c) may do all or any of the following things—
(i) summon witnesses to attend before him,
(ii) examine on oath any witnesses attending before him,
(iii) require any such witness to produce any document in his power or control which the arbitrator considers necessary,
(d) may at any time correct any clerical mistake or error in an award arising from any accidental slip or omission,
(e) may, at the request of either party to proceedings before him, hear the proceedings in open court.
(9) A witness before the standing arbitrator shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
(10) If any person—
(a) on being duly summoned as a witness before the standing arbitrator makes default in attending, or
(b) being in attendance as a witness refuses to take an oath legally required by the standing arbitrator to be taken, or to produce any document in his power or control legally required by the standing arbitrator to be produced by him, or to answer any question to which the standing arbitrator 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.
Superannuation scheme.
44.—(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.
Existing superannuation funds.
45.—(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.
Establishment of associations, etc., calculated to promote the welfare of employees.
46.—(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.
Appointment to clerical grades.
47.—(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.
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.
PART III.
The Transport Advisory Committee.
Establishment of the Transport Advisory Committee.
63.—(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.
Duties of the Advisory Committee.
64.—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.
Powers of the Advisory Committee.
65.—(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.
Regulation of proceedings before the Advisory Committee.
66.—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.
Staff of the Advisory Committee.
67.—(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.
PART IV.
Transport Charges.
Chapter I.
Preliminary and General.
Definitions for purposes of Part IV.
68.—(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;
the expression “the revised schedules of maximum railway charges of the Company” means the schedule of charges settled by the Minister under section 72 of this Act.
(2) Each of the following shall be a statutory carrier for the purposes of this Part, that is to say:—
(a) the Company,
(b) any company to which Part III of the Road Transport Act, 1932 (No. 2 of 1932), applies and which is entitled, by virtue of section 28 of the said Act, to engage in or carry on the business of carrying merchandise by road,
(c) any person carrying on a regular steamer service to or from any port in the State.
Expenses of harbour authorities and local authorities.
69.—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.
Chapter II.
Railway Charges and Conditions of Carriage by Rail Applicable to the Company.
Continuance of railway classification of merchandise applicable to the dissolved railway company and of maximum railway charges of the dissolved railway company.
70.—(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;
(b) the charges laid down in the Great Southern Railways Company's Schedule of Standard Charges (S. R. & 0., No. 5 of 1930), as modified by Statutory Rule and Order No. 56 of 1930 and Statutory Rule and Order No. 319 of 1937, subject, in the case of damageable merchandise carried under owner's risk conditions, to the reductions to be made from standard charges as determined by Statutory Rule and Order No. 14 of 1930, as modified by Statutory Rule and Order No. 1 of 1932, shall apply to the Company as they applied to the dissolved railway company;
(c) the charges referred to in paragraph (b) of this section shall be the maximum charges which the Company shall be entitled to make for all services in respect of which the said charges are fixed.
(2) Subsection (1) of this section shall cease to be in force as on and from the date on which the revised schedule of maximum railway charges of the Company comes into operation.
Revised railway classification of merchandise applicable to the Company.
71.—(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.
(2) The revised classification of merchandise applicable to the Company shall not come into operation until the revised schedule of maximum railway charges of the Company has come into operation.
Revised schedules of maximum railway charges of the Company.
72.—(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—
(a) the Company shall publish the said schedules in such manner as the Minister may direct;
(b) the Minister, if he thinks fit, may refer the said schedules to the Advisory Committee for their report and advice thereon;
(c) the Minister, after consideration of the said schedules, any representations made by interested persons and, in case the said schedules have been referred to the Advisory Committee, their report and advice, shall settle the said schedules and fix the date on which they are to come into force.
(2) When settling the schedules of charges under this section the Minister shall determine what reductions shall be made from the maximum charges where damageable merchandise is carried by the Company under owner's risk conditions, and such reductions shall be shown or indicated in the schedules in such manner as the Minister directs.
(3) As on and from the date on which the revised schedules of maximum railway charges come into operation, the charges appearing therein shall, subject to any alterations made by the Minister under this Chapter, be the maximum charges which the Company shall be entitled to make for all services in respect of which the said charges are fixed.
Alteration of railway classification of merchandise applicable to the Company.
73.—(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.
Alteration of maximum railway charges of the Company.
74.—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.
Protection of ports.
75.—(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.
Standard terms and conditions of carriage by rail for the Company.
76.—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.
Alteration of standard terms and conditions of carriage by rail for the Company.
77.—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.
Conditions on which merchandise is to be carried by rail by the Company.
78.—(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.
Owner's risk rates for livestock.
79.—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.
Minimum charges.
80.—(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.
Special mileage charges.
81.—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,
Dangerous goods.
82.—(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.
Miscellaneous provisions as to rates.
83.—The provisions contained in the Eighth Schedule to this Act shall apply to the Company.
Determination of disputes and differences between the Company and traders arising under the Eighth Schedule to this Act.
84.—(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.
Additional functions of the Minister.
85.—(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;
(h) any question which, under paragraph 9 of the Eighth Schedule to this Act, is to be determined by the Minister.
(2) Where an application is made to the Minister to determine any matter mentioned in subsection (1) of this section, the following provisions shall have effect—
(a) the applicant, if required by the Minister, shall publish notice of the application in such manner as the Minister may direct.
(b) the Minister may, if he thinks fit, refer the application to the Advisory Committee for their report and advice thereon;
(c) the Minister, after considering the application, any representations made by interested persons and, in case the application has been referred to the Advisory Committee, their report and advice, shall determine the matter and such determination shall be final.
(3) Every application under this section shall be in the prescribed form and contain the prescribed particulars.
Provisions in relation to certain questions, disputes or differences referred to the Minister.
86.—(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,
(b) any dispute between the Company and a trader arising under paragraphs 3 or 6 of the Eighth Schedule to this Act,
(c) any difference between the Company and a trader arising under paragraphs 4, 5, or 10 of the said Eighth Schedule.
Amendment of certain Acts in their application to the Company.
87.—(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.
(2) Where any existing special Act relating to the dissolved railway company does not incorporate a section of any of the Railways Clauses Acts which is amended or repealed by the Ninth Schedule to this Act but contains provisions corresponding to that section, the like amendment or repeal shall be made of such corresponding provision as is made by the said Ninth Schedule of the section of the Railways Clauses Act.
Chapter III.
Rail Charges of Railway Companies other than the Company.
Maximum railway charges of companies other than the Company.
88.—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.
Alteration of maximum railway charges of companies other than the Company.
89.—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.
Chapter IV.
Charges for Tramway Services Operated by the Company.
Maximum charges for tramway services operated by the Company.
90.—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.
Alteration of maximum charges for tramway services operated by the Company.
91.—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.
Chapter V.
Charges for Carriage of Merchandise by road, applicable to the Company and Certain other Statutory Carriers.
Maximum charges for carriage of merchandise by road.
92.—(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.
(2) Where a schedule of maximum charges for the carriage of merchandise by road is submitted by a statutory carrier, the following provisions shall have effect, that is to say—
(a) the carrier shall publish the said schedule in such manner as the Minister may direct;
(b) the Minister may, if he thinks fit, refer the said schedule to the Advisory Committee, for their report and advice thereon;
(c) the Minister, after consideration of the said schedule, any representations made by interested persons, and, in case the said schedule has been referred to the Advisory Committee, their report and advice, shall settle the said schedule and fix the date on which it is to come into operation.
(3) In this Part, references to the schedule of maximum road charges of a statutory carrier shall be construed as references to a schedule of road charges for that carrier as settled by the Minister under this section.
(4) Where a schedule of maximum road charges of a statutory carrier is in force, the charges appearing therein shall, subject to any alteration made by the Minister under this Chapter, be the maximum charges which that carrier shall be entitled to make for all services in respect of which the said charges are fixed.
Alteration of maximum road charges of a statutory carrier.
93.—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.
Chapter VI.
Canal Charges.
Definitions for purposes of Chapter IV of Part IV.
94.—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;
the expression “revised schedule of maximum canal charges” means, in relation to a canal undertaker, the schedule of charges of that undertaker as settled by the Minister under section 97 of this Chapter.
Maximum canal charges.
95.—(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—
(a) in the case of the Grand Canal Company, the charges set out in Part I of the Tenth Schedule to this Act,
(b) in the case of the Company, the charges set out in Part II of the said Tenth Schedule,
(c) in the case of the Commissioners, the charges set out in Part III of the said Tenth Schedule.
(2) Subsection (1) of this section shall, as respects any particular canal undertaker, cease to be in force as on and from the date on which the revised schedule of maximum canal charges of that undertaker comes into operation.
Revised canal classification of merchandise applicable to a canal undertaker.
96.—(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.
(2) The revised classification of merchandise applicable to a canal undertaker shall not come into operation until the revised schedule of maximum canal charges of that canal undertaker has come into operation.
Revised schedule of maximum canal charges of a canal undertaker.
97.—(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—
(a) that canal undertaker shall publish the said schedule in such manner as the Minister may direct;
(b) the Minister, if he thinks fit, may refer the said schedule to the Advisory Committee for their report and advice thereon;
(c) the Minister, after consideration of the said schedule, any representations made by interested persons and, in case the said schedule has been referred to the Advisory Committee, their report and advice, shall settle the said schedule and fix the date on which it is to come into force.
(2) As on and from the date on which the revised schedule of maximum canal charges applicable to a canal undertaker comes into operation, the charges appearing therein shall, subject to any alterations made by the Minister under this Chapter, be the maximum charges which that canal undertaker shall be entitled to make for all services in respect of which the said charges are fixed.
Alteration of canal classification of merchandise applicable to a canal undertaker.
98.—(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.
Alteration of maximum canal charges.
99.—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.
Charges for fractions of a penny.
100.—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.
Repeal of existing provisions in relation to charges by canal undertakers.
101.—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.
Chapter VII.
Supplemental Provisions.
Agreed charges by transport undertakers for the carriage of merchandise.
102.—(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.
Publication of railway classification of merchandise, etc. by the Company.
103.—(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,
(b) the schedules of the maximum charges for the carriage of merchandise by rail applicable to the Company,
(c) when made, the schedule of the maximum charges for the carriage of merchandise by road applicable to the Company,
(d) the actual charges for the time being in force for the carriage of merchandise from that depôt by rail, by road or by rail and road,
(e) any charges in force for the collection and delivery of merchandise at that depôt.
(3) The Company shall keep at its principal office for public inspection a book or books stating the chargeable distance by rail, by road or by rail and road and the actual charges for the time being in force for the carriage of merchandise by rail, by road or by rail and road from each depôt owned by it at which merchandise is received for carriage either by rail or road.
(4) The copy of the railway classification of merchandise applicable to the Company and the book or books required to be kept by subsections (2) and (3) of this section shall, during all reasonable hours, be open to inspection by any person without the payment of any fee.
(5) If the Company fails to comply with any of the provisions of 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 five pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for each day on which the offence is continued.
Publication of schedule of charges of merchandise by road applicable to statutory carriers other than the Company.
104.—(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:—
(a) that carrier shall cause such schedule (as so settled or altered) to be published in the prescribed manner;
(b) that carrier shall, upon payment of the prescribed fee, deliver to any person who applies therefor at the prescribed place a copy of such schedule.
(2) If any statutory carrier (other than the Company) fails to comply with the provisions of this section, that carrier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
PART V.
Abolition of the Railway Tribunal and Transfer of Certain of its Jurisdictions to the High Court.
Abolition of railway tribunal.
105.—On the establishment date the railway tribunal shall be abolished.
Transfer of certain jurisdictions of the railway tribunal to the High Court.
106.—(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.
Exercise of jurisdiction of the High Court.
107.—(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.
Assessors to aid the High Court.
108.—(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.
Right of Minister for Agriculture to appear before the High Court.
109.—(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.
PART VI.
Abandonment of Railway Lines.
Abandonment of a railway line.
110.—(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 Oifigiúil 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.
PART VII.
Amendment of Road Transport Act, 1933.
Interpretation of Part VII.
111.—(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.
Carriage for reward.
112.—(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.
Amendment of section 8 of the Act of 1933.
113.—(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.
Grant of merchandise licences to certain carriers.
114.—(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 arid 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.
Extension of merchandise (existing carrier's) licence or grant of merchandise licence where existing transport facilities inadequate.
115.—(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.
Extension of operation of merchandise (existing carriers') licences.
116.—(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.
Amendment of section 9 of the Act of 1933.
117.—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.
Temporary exemption from subsection (2) of section 34 of the Act of 1933.
118.—Where the Superintendent of the Gárda Síochána, 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.
Increase of standard lorry weight of certain holders of merchandise (existing carrier's) licences.
119.—(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.
Increase of standard tractor weight of certain holders of merchandise (existing carrier's) licences.
120.—(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.
Giving of register of merchandise licences in evidence.
121.—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.
Obligation of licensee under a merchandise licence to supply drivers of vehicles with copy of licence.
122.—(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.
Production by driver of vehicle, owned by licensee under a merchandise licence, of copy of licence.
123.—(1) Any member of the Gárda Síochána 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.
Prohibition of licensee holding himself out as carrying on merchandise road transport business not authorised by his licence.
124.—(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.
PART VIII.
Miscellaneous Provisions.
Extension of section 2 of the Railway and Canal Traffic Act, 1854, to the road traffic of certain persons.
125.—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.
Enforcement of recommendations of inspector under section 41 of the Railway and Canal Traffic Act, 1888.
126.—(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.
Release of dissolved railway company from certain liabilities.
127.—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.
Transfer of securities representing Royal Canal Guarantee Fund to the Company.
128.—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.
Agreements entered into by railway companies other than the Company.
129.—(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.
Restrictions on compulsory acquisition of land held by transport undertakers.
130.—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.
Cancellation of certain stocks of the dissolved railway company.
131.—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.
Redemption of certain stocks of the dissolved railway company.
132.—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.
Provisions in relation to maintenance and operation of Victoria Bridge in the City of Dublin.
133.—(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.
Agreement between the Company, the Cork Corporation and the Cork Harbour Commissioners with respect to maintenance and operation of bridges in the City of Cork.
134.—(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.
Deposit with Minister of agreements regulating conditions of service of road transport employees of railway company.
135.—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.
FIRST SCHEDULE.
Enactments Repealed as on and from the Establishment Date.
Session and Chapter or Number and Year | Short Title | Extent of Repeal |
58 Geo. III, c. 35. | An Act to provide for the maintaining of the Royal Canal from the River Liffey to the River Shannon in Ireland. | Section 35; in section 38 all words from the words: “and in case the said Directors” to the end of the section. |
7 & 8 Vic., c. 85 | The Railway Regulation Act, 1844. | Section 6. |
11 & 12 Vic., c. lxxvi | The Midland Great Western Railway of Ireland (Moate Deviation) Act, 1848. | Sections 13, 14 and 15. |
63 & 64 Vic., c. clvi | Dublin Wicklow and Wexford Railway Act, 1900. | Sections 25 and 26. |
3 Edw. VII, c. clx | Great Southern and Western Railway Act, 1903. | Sections 36 and 38. |
3 Edw. VII, c. clxiii | Midland Great Western Railway of Ireland Act, 1903. | Section 29; Section 31, so far as relates to trespass by persons. |
8 & 9 Geo. V, c. 34 | The Statutory Undertakings (Temporary Increase of Charges) Act, 1918. | The Act so far as it relates to tramways. |
10 & 11 Geo. V, c. 14 | Tramways (Temporary Increase of Charges) Act, 1920. | The whole Act. |
10 & 11 Geo. V., c. 21 | The Harbours, Docks and Piers (Temporary Increase of Charges) Act, 1920. | The whole Act so far as unrepealed. |
No. 16 of 1923 | The Statutory Undertakings (Continuance of Charges) (No. 2) Act, 1923. | The whole Act so far as unrepealed. |
No. 29 of 1924 | Parts II and III; subsection (1) of section 58; Fifth and Sixth Schedules. | |
No. 1 (Private) of 1925 | The Dublin United Tramways (Omnibus Services) Act, 1925. | The whole Act. |
No. 23 of 1929 | The whole Act. | |
No. 8 of 1931. | Paragraph (b) of subsection (2) of section 4; subsections (3) and (4) of section 4. | |
No. 3 of 1932 | Section 15; subsection (2) of section 18. | |
No. 8 of 1933 | In section 2, the definition of the expression “carriage for reward”; sections 4 and 16; Parts III and IV; section 74. | |
No. 9 of 1933 | Sections 5, 12, 13 and 17. | |
No. 17 of 1934 | ||
No. 23 of 1935 | Sections 2 and 3 |
SECOND SCHEDULE.
Transitory Provisions in Relation to the Dissolved Companies and the Company.
Definition.
1. In this Schedule the expression “final ordinary meeting” means, in relation to a dissolved company, the ordinary meeting which that company is required by paragraph 5 of this Schedule to hold.
Continuance of dissolved companies for certain purposes.
2. For the purposes of this Schedule but not further or otherwise each dissolved company shall be deemed to continue in existence on and after the establishment date.
Transfers of stocks, shares and securities.
3. A dissolved company shall, at the request of the Company, execute all such instruments and do all such acts as may be necessary to enable the Company to have transferred into its name any stocks, shares or securities held by that dissolved company immediately before the establishment date, and for this purpose the persons who are immediately before the establishment date the directors of that dissolved company shall be deemed to continue in office.
Continuance in office of directors, officers and auditors of dissolved companies.
4. The persons who are the directors, officers and auditors of any dissolved company immediately before the establishment date shall be deemed to continue in office for the purpose of the preparation and auditing of accounts and balance sheets of that company for the year 1944, the production thereof to the proprietors of that company, the declaration of dividends for the year 1944 and the summoning, holding and conduct of the final ordinary meeting of that company.
Ordinary meeting of dissolved companies to be held in February or March, 1945.
5. An ordinary meeting of each dissolved company shall be held in the month of February or the month of March, 1945, for the purpose of receiving the statements of accounts of that company for the year 1944 and the declaration of dividends, and the persons who are immediately before the establishment date the proprietors of that dissolved company shall be deemed to be the proprietors of that company for purposes aforesaid and for the purposes of summoning, holding and conducting that ordinary meeting.
Accounts and returns of dissolved railway company for 1944.
6. (1) The dissolved railway company shall prepare accounts and returns for the year 1944 in accordance with the form set out in the First Schedule to the Railway Companies (Accounts and Returns) Act, 1911, and submit the accounts to their auditors in that form.
(2) The accounts and returns for the year 1944 shall be signed by the officer of the dissolved railway company responsible for the accounts or returns or any part thereof and by the chairman of the directors of that company.
(3) The dissolved railway company shall forward six copies of the accounts and returns for the year 1944 to the Minister not later than the 28th day of February, 1945, and shall forward a copy of the accounts and returns to any proprietor of the dissolved railway company who applies for a copy.
(4) If any account or return prepared and forwarded under this paragraph is false in any particular to the knowledge of any person who signs the account or return or any part thereof, that person shall be liable on conviction on indictment to imprisonment with or without hard labour for a term not exceeding one year or to a fine not exceeding one hundred pounds, and on summary conviction to a fine not exceeding fifty pounds.
Accounts of dissolved transport company for 1944.
7. The dissolved transport company shall cause accounts to be made up for the year 1944.
Provisions in relation to Income Tax chargeable on dissolved companies.
8. (1) A dissolved company shall, on and after the establishment 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, 1945.
(2) Assessments to income tax for any year of assessment ending on or before the 5th day of April, 1945, may be made on a dissolved company on or after the establishment 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 the establishment date.
(3) For the purposes of subparagraphs (1) and (2) of this paragraph the secretary of the Company or other officer performing the duties of secretary of the Company shall be deemed to be secretary of a dissolved company or other officer performing the duties of secretary of that dissolved company.
(4) The Company shall be and is hereby empowered to deduct out of the emoluments of any person holding an office or employment of profit under the Company any income tax charged on the dissolved railway company in respect of any office or employment of profit held by such person under the dissolved railway company.
Provisions in relation to corporation profits tax chargeable on the dissolved transport company.
9. (1) The dissolved transport company shall, on and after the establishment date, continue to be liable, under the enactments relating to corporation profits tax to prepare and deliver any statement, return or particulars required for the purposes of those enactments for any accounting period ending on or before the 31st day of December, 1944.
(2) Assessments to corporation profits tax for any accounting period ending on or before the 31st day of December, 1944, may be made on or after the establishment date on the dissolved transport company and corporation profits 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 the establishment date.
(3) For the purposes of subparagraphs (1) and (2) of this paragraph, the secretary of the Company or other officer performing the duties of secretary of the Company shall be deemed to be secretary of the dissolved transport company or other officer performing the duties of secretary of the dissolved transport company.
(4) In this paragraph references to corporation profits tax shall be construed as including references to excess corporation profits tax.
Payment by the Company of expenses of dissolved companies and dividends declared by dissolved companies at final meetings.
10. Any expenses incurred by a dissolved company under this Schedule and any dividend declared by any dissolved company shall be paid by the Company.
Use of names of dissolved companies.
11. During the period of six months commencing on the establishment date, the Company shall be entitled to carry on business in the name of a dissolved company in addition to or in substitution for the name of the Company and all contracts-and engagements entered into by the Company during that period by any such name or names shall be binding upon and enforceable by the Company.
THIRD SCHEDULE.
Stocks of Dissolved Companies to be Exchanged for Stocks of the Company.
Part I.
The Great Southern Railways Company.
Ref. No. | Description of Stock of the Great Southern Railways Company | Description of Stock of the Company to be issued in exchange for Stock of the Great Southern Railways Company | Amount of stock of the Company to be issued in exchange for each £100 of Stock of the Great Southern Railways Company and so on in proportion |
(1) | (2) | (3) | (4) |
£ | |||
1 | 4 per cent. Debenture Stock | 3 per cent. Redeemable Debenture Stock. | 100 |
2 | 4 per cent. Guaranteed Preference Stock. | 3 per cent. Redeemable Debenture Stock. | 50 |
Common Stock | 50 | ||
3 | 4 per cent. Preference Stock. | Common Stock | 100 |
4 | Ordinary Stock | Common Stock | 100 |
5 | 4 per cent. New Ross and Waterford Extension Railways' Guaranteed Stock. | 3 per cent. Redeemable Debenture Stock. | 100 |
6 | 4 per cent. City of Dublin Junction Railways' Debenture Stock, 1884 and 1887. | 3 per cent. Redeemable Debenture Stock. | 100 |
7 | 4 per cent. City of Dublin Junction Railways' Debenture Stock, 1894 and 1897. | 3 per cent. Redeemable Debenture Stock. | 100 |
8 | 4 per cent. City of Dublin Junction Railways' Preference Stock. | 3 per cent. Redeemable Debenture Stock. | 100 |
9 | 4 per cent. City of Dublin Junction Railways' Guaranteed Stock. | 3 per cent. Redeemable Debenture Stock. | 100 |
Part II.
The Dublin United Transport Company, Limited.
Ref. No. | Description of Stock of the Dublin United Transport Company, Limited | Description of Stock of the Company to be issued in exchange for Stock of the Dublin United Transport Company, Limited | Amount of stock of the Company to be issued in exchange for each £100 of Stock of the Dublin United Transport Company, Limited, and so on in proportion |
(1) | (2) | (3) | (4) |
£ | |||
1 | 6 per cent. Preference Stock. | 3 per cent. Redeemable Debenture Stock. | 145 |
2 | Ordinary Stock | 3 per cent. Redeemable Debenture Stock. | 145 |
FOURTH SCHEDULE.
Provisions in Relation to Stockholders' Directors.
Definitions.
1. In this Schedule—
the expression “ordinary meeting” means an ordinary meeting of the Company;
the expression “the 1945 meeting” means the ordinary meeting to be held in 1945;
the expression “the 1946 meeting” means the ordinary meeting to be held in 1946;
the expression “the 1947 meeting” means the ordinary meeting to be held in 1947;
the expression “the 1948 meeting” means the ordinary meeting to be held in 1948;
the expression “casual vacancy” means a vacancy amongst the stockholders' directors occurring through the death, resignation or disqualification of a stockholders' director.
First stockholders' directors.
2. (1) On the establishment date each of the following persons shall be and become a stockholders' director, that is to say:—
(a) any person who, immediately before the establishment date, is a shareholders' director, within the meaning of the Emergency Powers (No. 152) Order, 1942 (S. R. & O., No. 69 of 1942), of the dissolved railway company,
(b) any person who, immediately before the establishment date, is a-director of the dissolved transport company and who is not on the establishment date the Chairman of the Company.
(2) In this Schedule the expression “first stockholders' director” means a person who becomes a stockholders' director by virtue of subparagraph (1) of this paragraph.
Term of office of first stockholders' directors and persons co-opted to fill casual vacancies amongst stockholders' directors before the conclusion of the 1945 meeting.
3. (1) Every first stockholders' director and every person appointed to fill a casual vacancy occurring before the conclusion of the 1945 meeting amongst the stockholders' directors shall, unless he sooner dies, resigns or becomes disqualified, hold office until the conclusion of the 1945 meeting.
(2) Of the stockholders' directors holding office immediately before the 1945 meeting—
(a) each of two (who, in default of agreement between the said stockholders' directors, shall be determined by lot at or immediately after the 1945 meeting) shall, unless he sooner dies, resigns, or becomes disqualified, continue to hold office until the conclusion of the election of stockholders' directors at the 1946 meeting, and shall then retire,
(b) each of two (who, in default of agreement between the said stockholders' directors, shall be determined by lot at or immediately after the 1945 meeting) shall, unless he sooner dies, resigns or becomes disqualified, continue to hold office until the conclusion of the election of stockholders' directors at the 1947 meeting, and shall then retire,
(c) each of the remainder shall, unless he sooner dies, resigns, or becomes disqualified, continue to hold office until the conclusion of the election of stockholders' directors at the 1948 meeting and shall then retire.
Election and term of office of subsequent stockholders' directors.
4. (1) The Company shall at the 1946 meeting and at each subsequent ordinary meeting elect two persons to be stockholders' directors.
(2) Every person elected under subparagraph (1) of this paragraph shall enter on office immediately upon the conclusion of such election and shall, unless he sooner dies, resigns or becomes disqualified hold office until the conclusion of election of shareholders' directors to be held at the third ordinary meeting held next after the ordinary meeting at which he was elected and shall then retire.
Casual vacancies.
5. (1) Whenever a casual vacancy occurs before the conclusion of the 1945 meeting amongst the stockholders' directors, the Board shall, unless the number of stockholders' directors in office immediately after such occurrence is six or more, co-opt a person who is duly qualified to be a stockholders' director to fill the casual, vacancy and the person so co-opted shall, unless he sooner dies, resigns or becomes disqualified, hold office until the conclusion of the 1945 meeting.
(2) Whenever after the conclusion of the 1945 meeting any stockholders' director dies, resigns or becomes disqualified, the Board shall, subject to the provisions of this paragraph, co-opt a person who is duly qualified to be a stockholders' director, to fill the casual vacancy and the person so co-opted shall, unless he sooner dies, resigns or becomes disqualified, hold office for the remainder of the period for which the stockholders' director so dying, resigning or becoming disqualified would have held office if he had not died, resigned or become disqualified, and shall be paid remuneration at the rate payable to such stockholders' director.
(3) If, after the conclusion of the 1945 meeting and before the 1948 meeting, a casual vacancy occurs amongst the stockholders' directors (other than the stockholders' directors elected at the 1946 meeting or the 1947 meeting or a person co-opted to fill a casual vacancy amongst the stockholders' directors so elected) and the number of stockholders' directors in office immediately after such occurrence is six or more, the said vacancy shall not be filled.
Stockholders' directors to be eligible for re-election.
6. A stockholders' director retiring on the expiration by effluxion of time of his term of office shall be eligible for re-election.
Qualification of stockholders' directors.
7. (1) No person shall be capable of being a stockholders' director unless he is the holder in his own right of common stock of the Company of the nominal value of not less than one thousand pounds.
(2) Subparagraph (1) of this paragraph shall not apply to a first stockholders' director, during the period for which he holds office by virtue of paragraph 3 of this Schedule.
FIFTH SCHEDULE.
Compensation of Certain Officers and Servants of the Company.
Interpretation.
1. (1) In this Schedule—
the expression “former transport company” means any company being—
(a) an absorbed company or amalgamated company within the meaning of the Railways Act, 1924 (No. 29 of 1924), or
(b) any dissolved company;
the expression “former road transport licensee” means a person who was the holder of a passenger licence, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or of a merchandise (existing carrier's) licence within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), and whose said licence was transferred to a dissolved company;
the expression “former transport undertaker” means any person being—
(a) a former transport company, or
(b) a former road transport licensee;
the expression “the Defence Forces”means—
(a) the force established under Part I of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), and
(b) the reserve force established under Part III of the said Act;
the expression “the critical date” means the 1st day of July, 1944;
the word “remuneration” shall be construed as including any cost of living or other bonus.
(2) For the purpose of reckoning the pensionable service of a person under this Schedule—
(a) the pensionable service shall include—
(i) service with any former transport company,
(ii) if that person had service with a former transport company, service in the Irish Railway Clearing House,
(iii) service with the Company,
(iv) service (being service which is recognised for the purposes of a superannuation scheme, within the meaning of section 44 of this Act, or an existing superannuation fund, within the meaning of section 45 of this Act) with any former road transport licensee;
(b) if that person was temporarily absent from his employment with a former transport undertaker and during the whole of such absence was engaged in service in any of the military forces serving under the authority of the First Dáil Eireann or the Second Dáil Eireann or the Provisional Government of Ireland or in either of the opposing forces during the civil strife in the years 1922, 1923 or 1924 or was interned or imprisoned in consequence of such service, or was engaged in service, before the 6th day of December, 1922, in the British Army, Navy or Air Force, such temporary absence shall be included in the period of his pensionable service;
(c) if that person was suspended or dismissed from the service of a former transport undertaker on or after the 1st day of April, 1916, and before the 6th day of December, 1921, but was subsequently reinstated, and the Minister certifies that his suspension or dismissal was due to his national sympathies, such period (not exceeding the period between his suspension or dismissal and his reinstatement) as the Minister may direct shall be included in the period of his pensionable service;
(d) if that person was, by reason of disruption of railway services due directly to civil strife in the years 1922, 1923 or 1924, temporarily absent from his employment with a former transport undertaker, such temporary absence shall be included in the period of his pensionable service;
(e) if that person was temporarily absent during the present war from his employment with a former transport undertaker or the Company and during the whole of such absence was serving in the Defence Forces, such temporary absence shall be included in the period of his pensionable service;
(f) if that person was temporarily absent from his employment with a former transport undertaker or the Company for a period of less than one year on account of—
(i) the temporary closing or reduction of services on a railway line, due to conditions resulting from the present war, or
(ii) the cessation or reduction of any other transport services, due to the said conditions, or
(iii) illness or accident, or
(iv) any trade dispute to which he was not a party,
such temporary absence shall be included in the period of his pensionable service;
(g) if that person was taken into the employment of any former transport undertaker 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;
(h) if that person served as a trade apprentice with any former transport undertaker or the Company for any period, that period shall not be reckoned as pensionable service.
(3) For the purposes of this Schedule the number of years of pensionable service of a person shall be taken to be the result obtained by dividing the number of days of his pensionable service by the number three hundred and sixty-five, any fraction of a half or over being treated as one and any lesser fraction being disregarded.
(4) For the purposes of reckoning under this Schedule the annual remuneration and emoluments of a person who was managing director of the dissolved transport company, account shall be taken only of the remuneration and emoluments received by him in his capacity as managing director.
Compensation to persons with less than five years' pensionable service.
2. The compensation payable to a person who, on the critical date, had less than five years' pensionable service shall be a gratuity calculated on the basis of one-sixth of his annual remuneration and emoluments on the date of the abolition of his office or situation for every year of his pensionable service.
Compensation to persons with not less than five years' pensionable service.
3. Subject to the provisions of paragraph 4 of this Schedule, the compensation payable to a person who, on the critical date, had not less than five years' pensionable service shall be an annual sum to be paid to him during his life not exceeding in any case two-thirds of his annual remuneration and emoluments on the date of the abolition of his office or situation and, subject to that limitation, to be calculated at the rate of one-sixtieth of such annual remuneration and emoluments for every year of his pensionable service, with an addition thereto based on the number of years of his pensionable service and calculated according to the following scale.
(a) if he has twenty or more years of pensionable service, an addition of ten-sixtieths of his said remuneration and emoluments;
(b) if he has fifteen or more years of pensionable service and less than twenty such years, an addition of seven-sixtieths of his said remuneration and emoluments;
(c) if he has ten or more years of pensionable service and less than fifteen such years, an addition of five-sixtieths of his said remuneration and emoluments;
(d) if he has less than ten years of pensionable service, an addition of three-sixtieths of his said remuneration and emoluments.
Reduction of annual sums in certain cases.
4. If any officer or servant who is entitled to an annual sum under paragraph 3 of this Schedule is also entitled to superannuation or benefit out of any Fund to which a dissolved company contributed, then—
(a) the amount of the said annual sum shall be reduced by an amount equal to the annual value of such superannuation or benefit, and
(b) the Company shall pay to such officer or servant a lump sum equal to the amount of the contributions paid by such officer or servant into the said Fund.
SIXTH SCHEDULE.
Enactments not Applying to the Company.
Session and Chapter or Number and Year. | Short Title | Extent of non-application |
31 & 32 Vic., c. 119 | Regulation of Railways Act, 1868. | Section 34. |
36 & 37 Vic., c. 48 | The Regulation of Railways Act, 1873. | Sections 14 and 15. |
57 & 58 Vic., c. 54 | The Railway and Canal Traffic Act, 1894. | Sections 1, 3 and 4. |
11 & 12 Geo. V, c 55 | The Railways Act, 1921. | Section 84, subsection (1), and the words “save as aforesaid” in subsection (2). |
No. 11 of 1933 | Section 120 |
SEVENTH SCHEDULE.
Provisions in Relation to Applications to the Minister for Certain Orders Under this Act.
Orders to which this Schedule applies.
1. This Schedule applies to any order under Part IV or under paragraphs 2, 6, or 19 of the Eighth Schedule to this Act.
Publication of notice of application.
2. Where an application is made to the Minister for an order to which this Schedule applies—
(a) the Minister shall require the applicant to publish, in such manner as the Minister may direct, notice of the application and as to the manner in which, and the time within which, objections and representations may be made to the Minister in relation to the application.
(b) the Minister shall, before making the order, consider any objections or representations in relation to the application which may be duly made.
Reference of applications to the Advisory Committee.
3. Where an application is made to the Minister for an order to which this Schedule applies, the Minister, if he thinks fit, may refer the application to the Advisory Committee for their report and advice, and, in that case, the Minister shall, before making the order, consider the report and advice of the Advisory Committee.
EIGHTH SCHEDULE.
Miscellaneous Provisions as to Rates Applicable to the Company.
Calculation of distance.
1. In calculating the distance along the railway for the purpose of the charge for conveyance of any merchandise the Company shall not include any portion of its railway which may in respect of that merchandise be the subject of a charge for a station terminal.
Calculation of charges on weight and measurement.
2. (1) Unless otherwise agreed between the Company and the trader, all charges shall, so far as practicable, be based upon the gross weight of the merchandise when received by the Company determined according to the imperial avoirdupois weight, but, subject to the provisions of the Seventh Schedule to this Act, the Minister may, on the application of the Company or any interested person, by order specify any articles of merchandise upon which the charges may be calculated by reference to cubic capacity and prescribe the method by which the cubic contents for the purpose of charge is to be calculated.
(2) Any order made by the railway tribunal for the purposes of paragraph 2 of the Sixth Schedule to the Railways Act, 1924 (No. 29 of 1924), and in force immediately before the establishment date shall continue in force and have effect as if it were an order made by the Minister under this paragraph.
Terminal services at other than the Company's terminal places.
3. Where merchandise conveyed in a separate truck is loaded or unloaded elsewhere than in a shed or building of the Company the Company may not charge to a trader any service terminal for the performance by the Company of any of the said services if the trader has requested the Company to allow him to perform the service for himself, and the Company has unreasonably refused to allow him to do so. Any dispute between the trader and the Company in reference to any service terminal charged to a trader who is not allowed by the Company to perform for himself the service shall be determined by the Minister.
Charges for sidings and accommodation.
4. Nothing in this Act shall prevent the Company from making and receiving, in addition to the charges authorised by this Act, charges and payments by way of rent or otherwise for sidings or other structural accommodation provided or to be provided for the private use of traders and not required by the Company for dealing with the traffic for the purposes of conveyance:
Provided that the amount of such charges or payments shall be fixed by an agreement in writing signed by the trader or by some person duly authorised on his behalf or determined, in cases of difference, by the Minister.
Charges for transhipment.
5. In respect of merchandise received from or delivered to another railway company having a railway of a different gauge or interchanged between broad and narrow gauge sections of the Company's railway, the Company may make a reasonable charge for any service of transhipment performed by it, the amount of such charge to be determined in case of difference by the Minister.
Charges for use of trucks.
6. (1) The Company may charge for the use of trucks provided by it for the conveyance of merchandise, when the provision of trucks is not included in the rates for conveyance, such sums as the Minister may, subject to the provisions of the Seventh Schedule to this Act, by order, made on the application of the Company or any interested person, determine.
(2) Where, for the conveyance of merchandise other than merchandise in respect of which the rates for conveyance do not include the provision of trucks, the Company does not provide trucks, the charge for conveyance shall be reduced by such sum as the Minister may by order, made on the application of the Company or any interested person, determine.
(3) The Company shall not be required to provide trucks for the conveyance of merchandise in respect of which the provision of trucks is not included in the rate for conveyance, nor for the conveyance of lime in bulk or salt in bulk or any merchandise liable to injure trucks;
Provided that any dispute between the Company and a trader as to whether any specific kind of merchandise is liable to injure trucks may be referred to the Minister, but on any such reference it shall lie on the trader requiring the merchandise to be carried to show that such merchandise will not injure the trucks.
(4) Any order made by the railway tribunal for the purposes of paragraph 6 of the Sixth Schedule to 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 it were an order made by the Minister under this paragraph.
Charges when railway company conveying on railway of the Company.
7. Subject to the provisions of this Act, any railway company conveying merchandise on the railway of the Company or performing any of the services for which rates or charges are authorised by this Act, shall be entitled to charge and make the same rates and charges as the Company are authorised to make.
Dock and shipping charges.
8. Nothing in this Act shall affect the right of the Company to make any charges which it is authorised by any statute to make in respect of any accommodation or services provided or rendered by the Company at or in connection with docks or shipping places.
Provisions as to perishables.
9. The following provisions and regulations shall be applicable to the conveyance of perishable merchandise by passenger train:—
(a) The Company shall afford reasonable facilities for the expeditious conveyance of the articles classified as perishables, either by passenger train or other similar service:
(b) Such facilities shall be subject to the reasonable regulations of the Company for the convenient and punctual working of its passenger train service, and shall not include any obligation to convey perishables by any particular train:
(c) The Company shall not be under obligation to convey by passenger train, or other similar service, any merchandise other than perishables:
(d) Any question as to the facilities afforded by the Company under these provisions and regulations shall be determined by the Minister.
Charges for services not otherwise provided for.
10.(1) The Company may charge a reasonable sum for the services hereunder mentioned, or any of them when rendered to a trader at his request or for his convenience:—
(i) Services rendered by the Company at or in connection with sidings not belonging to the Company in respect of which no rate or charge is otherwise provided;
(ii) The collection or delivery outside a terminal station of merchandise which is to be, or has been, carried by railway;
(iii) Weighing merchandise;
(iv) The detention of trucks or the use or occupation of any accommodation before or after carriage beyond such period as shall be reasonably necessary for enabling the Company to deal with merchandise as carriers thereof, or the consignor or consignee to give or take delivery thereof; or, in cases in which the merchandise is consigned to an address other than the terminal station, beyond a reasonable period from the time when notice has been delivered at such address that the merchandise has arrived at the terminal station for delivery and services rendered in connection with such use and occupation;
(v) Loading or unloading, covering or uncovering, merchandise in respect of which no charge is provided;
(vi) The use of coal drops;
(vii) The provision by the Company of accommodation at a waterside wharf and special services rendered thereat by the Company in respect of loading and unloading merchandise into or out of vessels or barges where no special charge is prescribed by any statute, provided that the charge under this subparagraph shall, for the purpose of any disintegration of rate, be deemed to be a dock charge;
(viii) Any accommodation or services provided or rendered by the Company within the scope of its undertaking, and in respect of which no provisions are made by this Schedule.
(2) Any difference arising under this paragraph shall be determined by the Minister at the instance of either party, provided that where before any service is rendered, a trader has given notice in writing to the Company that he does not require it, the service shall not be deemed to be rendered at the trader's request or for his convenience.
(3) Subject to the provisions of this paragraph, any charge hereunder made by the Company in accordance with an order of the Minister in force for the time being may be recovered by action in a court of law.
Maximum rate for conveyance.
11. The maximum rate for conveyance is the maximum rate which the Company may charge for the conveyance of merchandise by merchandise train and, subject to the exceptions and provisions specified in this Schedule, includes the provision of locomotive power and trucks by the Company and every other expense incidental to such conveyance not otherwise herein provided for.
Maximum station terminal.
12. The maximum station terminal is the maximum charge which the Company may make to a trader for the use of the accommodation (exclusive of coal drops) provided and for the duties undertaken by the Company, for which no provision is made in this Schedule at the terminal station for or in dealing with merchandise as carriers thereof before or after conveyance.
Maximum service terminals.
13. The maximum service terminals are the maximum charges which the Company may make to a trader for the following services when rendered to or for a trader, that is to say, loading, unloading, covering, and uncovering merchandise, which charges shall, in respect of each service, be deemed to include all charges for the provision by the Company of labour, machinery, plant, stores and sheets.
Charge for fractions of a quarter of a hundredweight.
14. Where a consignment by merchandise train is over three hundredweight, a fraction of a quarter of a hundredweight may be charged for as a quarter of a hundredweight.
Charge for fractions of a mile.
15. The Company may charge for a fraction of a mile as for a mile.
Articles sent in large aggregate quantities.
16. Articles sent in large aggregate quantities, although made up of separate parcels such as bags of sugar, coffee, and the like, shall not be deemed to be small parcels.
Charge for quantities less than a truck load.
17. For any quantity of merchandise less than a truck load which the Company either receive or deliver in one truck on or at a siding not belonging to the Company, or which from the circumstances in which the merchandise is tendered or the nature of the merchandise the Company is obliged or required to carry in one truck, the Company may charge as for a reasonable minimum load having regard to the nature of the merchandise.
“terminal station” and “siding”.
18. The term “terminal station” means a station or place upon the railway at which a consignment of merchandise is loaded or unloaded before or after conveyance on the railway, but does not include any station or junction at which the merchandise in respect of which any terminal is charged has been exchanged with, handed over to, or received from any railway company, or a junction between the railway and a siding let by or not belonging to the Company, or in respect of merchandise passing to or from such siding, any station with which such siding may be connected, or any dock or shipping place the charges for the use of which are regulated by statute.
The term “siding” includes branch railways not belonging to a railway company.
Revocation amendment of orders.
19. Subject to the provisions of the Seventh Schedule to this Act, the Minister may, on the application of the Company or any interested person, by order revoke or amend any order made by him under paragraph 2 or paragraph 6 of this Schedule or any order continued in force by subparagraph (2) of the said paragraph 2 or subparagraph (4) of the said paragraph 6.
“trader.”
20. In this Schedule the word “trader” includes any person sending or receiving or desiring to send or receive merchandise by railway.
NINTH SCHEDULE.
Enactments Amended in their Application to the Company.
Session and Chapter | Short Title | Nature of Amendment |
11 Geo. 4 and 1 Will. 4, c. 68. | The Carriers Act, 1830. | In section one, the words “silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials” shall be repealed, and the word “twenty-five” shall be substituted for the word “ten.” In section two the word “twenty-five” shall be substituted for the word “ten.” The following new section shall be added after section 10:— “II. In this Act the expression ‘common carrier by land’ shall include a common carrier by land who is also a carrier by water, and as regards every such common carrier this Act shall apply to carriage by water in the same manner as it applies to carriage by land.” |
8 & 9 Vic., c. 20 | The Railway Clauses Act, 1845, as incorporated in any Act, whether passed before or after the passing of this Act. | In section three after the words “The word ‘toll’ shall include any rate or charge or other payment payable under the special Act” there shall be inserted the words “or fixed by the Minister under the provisions of the Transport Act, 1944.” In section ninety-eight for the words “number or quantity of goods conveyed by any such carriage” there shall be substituted the words “full name and address of the consignee and such particulars of the nature, weight (inclusive of packing), and number of parcels or articles of merchandise handed to the company for conveyance as may be necessary to enable the company to calculate the charges therefor.” The following subsection shall be added at the end of section ninety-eight:— “(2) The company shall be entitled to refuse to convey any merchandise delivered to them for conveyance as aforesaid in respect of which the foregoing provisions of this section have not been complied with, or to examine, weigh or count the same and make such reasonable charge therefor as they think fit: “Provided that the company shall not refuse to convey the parcels or articles of merchandise handed to them for conveyance as aforesaid without giving the person an opportunity of having them weighed or counted upon payment of a reasonable charge.” |
17 & 18 Vic., c. 31 | The Railway and Canal Traffic Act, 1854. | In section seven, for the words “for any horse fifty pounds, for any neat cattle per head fifteen pounds, for any sheep or pigs per head two pounds” there shall be substituted the words “for any horse one hundred pounds, for neat cattle per head fifty pounds, for any other animal five pounds.” |
TENTH SCHEDULE.
Maximum Canal Charges.
Part I.
The Grand Canal.
The maximum rates, tolls, dues and charges specified in the Schedule to the Canal Rates, Tolls and Charges, No. 11 (Grand Canal) Order, 1894, (which said Order was confirmed by the Canal Rates, Tolls and Charges, No. 11 (Grand Canal) Order Confirmation Act, 1894), increased by—
(a) as respects each rate or charge specified in the said Schedule in respect of returned empties, one hundred and fifteen per cent.,
(b) as respects each rate or charge specified in Part I of Table A of the said Schedule, one hundred and twenty-five per cent.,
(c) as respects each toll or wharfage charge in Part II of the said Table A, one hundred and ten per cent.,
(d) as respects each additional charge per parcel specified in Part IV of the said Table A, one hundred and twenty per cent.
Part II.
The Royal Canal.
The maximum rates, tolls, dues and charges specified in the Schedule to the Canal Tolls and Charges No. 10 (Lagan, etc., Canals) Order, 1894 (which said Order was confirmed by the Canals Tolls and Charges No. 10 (Lagan, etc., Canals) Order Confirmation Act, 1894), and applicable to the Royal Canal increased, except as regards the exceptional charges mentioned in Part II of the said Schedule, by one hundred and twenty-five per cent.
Part III.
The River Shannon Navigation.
The maximum rates, tolls, dues and charges specified in the Schedule to the Canal Tolls and Charges No. 10 (Lagan, etc., Canals) Order, 1894 (which said Order was confirmed by the Canals Tolls and Charges No. 10 (Lagan, etc., Canals) Order Confirmation Act, 1894), and applicable to the River Shannon Navigation increased, except as regards the exceptional charges mentioned in Part II of the said Schedule, by one hundred and twenty-five per cent.