Number 27 of 1927.
ELECTRICITY (SUPPLY) ACT, 1927.
ARRANGEMENT OF SECTIONS
Section | |
Constitution, Finance and General Functions of the Electricity Supply Board.
Particular Functions and Powers of the Electricity Supply Board.
Local Authorities.
Amendments of the Shannon Electricity Act, 1925.
Provisions as to certain lands acquired under the Shannon Electricity Act, 1925. | |
Miscellaneous and General.
Acts Referred to | |
No. 26 of 1925 | |
No. 39 of 1926 | |
No. 16 of 1924 | |
No. 42 of 1923 | |
Number 27 of 1927.
ELECTRICITY (SUPPLY) ACT, 1927.
Preliminary.
Definitions.
1.—In this Act—
the expression “the Board” means the Electricity Supply Board appointed under this Act;
the expression “the Minister” means the Minister for Industry and Commerce;
the expression “the Shannon works” means and includes all works of whatsoever nature and wheresoever situate constructed under the Shannon Electricity Act, 1925 (No. 26 of 1925) for the production and generation of electricity by means of hydraulic power derived from the waters of the River Shannon and the transmission and supply in bulk of the electricity so produced and also the lands and premises acquired by the Minister in pursuance of the powers in that behalf conferred on him by the Act aforesaid not including any lands acquired by the Minister under the said Act and determined by him under section 12 of the said Act to be surplus lands, and not including any lands acquired by the Minister for a special purpose under the said Act as amended by this Act;
the expression “the transmission system of the Shannon works” means the portion of the Shannon works used or intended to be used for the transmission and supply in bulk of the electricity produced in the Shannon works;
the expression “authorised undertaker” means a person who is for the time being authorised by any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas or any provisional or other order made under statutory authority (whether before or after the establishment of Saorstát Eireann) or by special order of the Board made under this Act to generate, distribute, and supply or to distribute and supply electricity to the public in any specified area and who by virtue of such Act or Order has for the time being the exclusive right of so supplying electricity in such area;
the expression “permitted undertaker” means any person to whom a permit has been granted and is in force under this Act to generate, distribute, and supply or to distribute and supply either to the public generally or to particular classes or members of the public electricity either for all purposes or for one or more specified purposes in a specified area;
the expression “statutory undertaker” means any person authorised by any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas or any Provisional or other Order made under statutory authority (whether before or after the establishment of Saorstát Eireann) to generate electricity for any purpose;
the word “undertaking”—
(a) when used in reference to an authorised undertaker who is authorised to generate and distribute and supply electricity to the public, means and includes the electric plant, machinery, and works used by such undertaker for the generation of electricity, the electric lines, apparatus, and appliances used by such undertaker for the distribution and supply of electricity to the public and the premises used by such undertaker in connection with such plant, machinery, and works and such lines, apparatus, and appliances,
(b) when used in reference to an authorised undertaker who is authorised only to distribute and supply electricity to the public, means and includes the electric lines, apparatus and appliances used by such undertaker for the distribution and supply of electricity to the public and the premises used by such undertaker in connection with such lines, apparatus and appliances, and
(c) when used in reference to a statutory undertaker, means and includes the electric plant, machinery, and works used by such undertaker in the generation of electricity for the purpose for which such undertaker is empowered to generate electricity by the Act or Order constituting such undertaker and the premises used by such undertaker in connection with the generation of electricity for the purpose aforesaid;
the expression “distribution system” means and includes that portion of an undertaking used or intended to be used for the distribution and supply of electricity to consumers;
the expression “transmission system” means and includes the electric lines, poles, pillars, transformers, and other electrical apparatus used in connection with the transmission of electricity from a generating station to a distribution system and the premises used in connection with such apparatus;
the expression “generating station” means a station for the generation of electricity;
the expression “supply in bulk” means a supply of electricity to be used for resale to consumers;
the word “street” includes any square, court, alley, highway, lane, road, thoroughfare or public passage or place;
the expression “area of supply” means an area within which an authorised undertaker is for the time being authorised to supply electricity to the public and has for the time being the exclusive right of so supplying electricity;
the expression “local authority” includes a county council, county or other borough council, urban district council, rural district council, and the commissioners of a town, and any public body which is established by or in pursuance of any statute to perform any of the functions of any of the above named bodies.
PART I.
Constitution, Finance and General Functions of the Electricity Supply Board.
Constitution of The Electricity Supply Board.
2.—(1) As soon as may be after the passing of this Act a board to be styled and known as the Electricity Supply Board (in this Act referred to as the Board) shall be established in accordance with this Act to fulfil the functions assigned to it by this Act.
(2) The Board shall be a body corporate having perpetual succession and may sue and be sued under its said style and name.
(3) The Board shall consist of a chairman and such number (not being less than two nor more than six) of other members as the Executive Council shall from time to time determine.
(4) The members of the Board shall be appointed by the Executive Council and every person so appointed to be a member of the Board shall hold office for such period not exceeding five years as shall be fixed by the Executive Council when appointing him and every such person shall on the expiration of his term of office be eligible for re-appointment.
(5) The chairman of the Board shall be that member of the Board who at the time of his appointment to be a member of the Board or subsequently is appointed by the Executive Council to be such chairman.
(6) The chairman of the Board shall devote the whole of his time to his duties as such chairman and each of the other members of the Board shall devote the whole or so much of his time to his duties as such member as shall be prescribed by the Executive Council at the time of his appointment.
(7) Every member of the Board shall be paid out of the funds at the disposal of the Board such remuneration and such allowances for expenses as the Executive Council shall when appointing him prescribe.
Disqualification of members, etc., of Board from being members of the Oireachtas.
3.—Every member of the Board and every officer and servant of the Board shall while holding office or employed as such member, officer, or servant be disqualified from being nominated or elected and from sitting or receiving payment as a member of Dáil Eireann or of Seanad Eireann.
Common Seal of the Board.
4.—(1) The Board shall provide and have a common seal, and such seal shall be authenticated by the signature of the chairman of the Board or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf.
(2) All courts of justice shall take judicial notice of the seal of the Board, and every document purporting to be an order or other instrument made by the Board and to be sealed with the seal of the Board authenticated in accordance with this section shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.
Removal of Members of the Board.
5.—(1) If at any time it appears to the Executive Council that the removal from office of all or any of the members of the Board is necessary in the interests of the effective and economical performance of the functions of the Board under this Act the Executive Council may remove from office all or so many of the members of the Board as the Executive Council considers necessary in the interests aforesaid.
(2) The Executive Council may at any time remove from office any member of the Board who has become incapable through ill-health of performing efficiently his duties as such member or who has (otherwise than for a reason considered by the Executive Council to be sufficient) been absent from all meetings of the Board during a period of six months.
(3) If and whenever the Executive Council removes from office under this section any member of the Board, the Executive Council shall lay before each House of the Oireachtas a statement in writing of the fact of the removal from office of such member and of the reasons for such removal.
Procedure of the Board.
6.—(1) The procedure of the Board at its meetings and otherwise shall be conducted in accordance with the provisions of the regulations in that behalf made by the Board under this Act.
(2) Whenever and so long as the Board consists of three members only, two members of the Board shall constitute a quorum, and whenever and so long as the Board consists of more than three members, one-third of the members of the Board shall constitute a quorum.
(3) The Board may act notwithstanding a vacancy in its membership.
Accounts and audits.
7.—(1) The Board shall keep in such form as shall be approved by the Minister after consultation with the Minister for Finance all proper and usual accounts of all moneys received or expended by them, including a capital account, revenue account, profit and loss account, and a balance sheet, and in particular shall keep in such form as aforesaid all such special accounts as the Minister on his motion or at the request of the Minister for Finance shall from time to time direct.
(2) The accounts of the Board shall in each year be audited and be the subject of a report by duly qualified auditors appointed annually for the purpose by the Minister, with the consent of the Minister for Finance, and the fees of such auditors and the expenses generally of such audits shall be paid by the Board.
(3) The Minister may with the consent of the Minister for Finance make regulations prescribing the time, place, and method of conducting the audit of the accounts of the Board under this section and may also prescribe by such regulations the accounts of which copies are to be furnished to the Minister under this section and the accounts which are to be published and put on sale under this section and the time and method of such publication and sale.
(4) Immediately after every audit under this section of the accounts of the Board, the Board shall send to the Minister a copy of the balance sheet and profit and loss account as passed by the auditors, a copy of the auditors' report, and copies of such of the accounts submitted to the auditors as are prescribed in that behalf by regulations made under this section or may be specially called for by the Minister, and shall publish and put on sale in accordance with such regulations such of the accounts submitted to the auditors as are prescribed in that behalf by such regulations.
Officers and servants of the Board.
8.—(1) The Board shall appoint such and so many officers and servants as it shall from time to time think proper.
(2) There shall be paid by the Board to its officers and servants out of the funds at its disposal under this Act such remuneration and allowances as the Board shall determine.
(3) The Board may, if it so thinks fit, for the purpose of the appointment of a person to fill a situation in the service of the Board request the Local Appointments Commissioners to recommend to it a person for appointment to such situation, and the said Commissioners on receiving such request shall select and recommend under and in accordance with the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926) to the Board a person for appointment to such situation and shall, if they so think proper, select and recommend to the Board two or more persons for such appointment, and the Board on receiving from the said Commissioners such recommendation shall appoint to such situation the person so recommended by the Commissioners or, where more than one person is so recommended, such one of the persons so recommended as the Board thinks proper.
(4) The Board shall pay to the Local Appointments Commissioners out of the funds at its disposal under this Act such expenses in respect of the selection and recommendation by the said Commissioners under this section of persons to fill situations in the service of the Board as shall be fixed by agreement between the Board and the said Commissioners with the consent of the Minister for Finance or, in default of such agreement, by the Minister for Finance.
Exercise of functions of Board through its officers.
9.—The Board may exercise any of the powers and perform any of the functions and duties (other than the making of orders) conferred and imposed on the Board by this Act through or by any of its officers or servants authorised by the Board in that behalf.
Disclosure of interest in contract.
10.—A member of the Board who has any interest in any company or concern with which the Board proposes to make any contract or any interest in such contract shall disclose to the Board the fact of such interest and the nature thereof, and such member shall take no part in any deliberation or decision of the Board relating to such contract, and such disclosure shall be recorded in the minutes of the Board.
Prohibition of interests in electrical undertakings.
11.—(1) Every person appointed to be a member of the Board shall within three months after his appointment absolutely sell and dispose of all shares in any electrical undertaking which he shall at the time of his appointment own or be interested in for his own benefit, and if any shares in any electrical undertaking shall come to or vest in a member of the Board by will or succession for his own benefit, he shall within three months after the same shall have so come to or vested in him, absolutely sell and dispose of the same or his interest therein.
(2) A member of the Board shall not, while he holds that office, purchase, take, or become interested in for his own benefit any shares in any electrical undertaking.
(3) Any member of the Board who shall retain, purchase, take, or become or remain interested in any shares in any electrical undertaking in contravention of this section shall be disqualified for and be deemed to have vacated his office as such member.
(4) In this section the expression “shares in any electrical undertaking” means and includes any stock, shares, debentures, debenture stock, bonds, or other securities of any company engaged in the generation, distribution, or supply of electricity or the manufacture of or wholesale or retail dealing in electrical apparatus and includes any share or interest in any unincorporated undertaking similarly engaged.
Advances from the Central Fund to the Board.
12.—(1) The Minister for Finance shall, subject to the limitations imposed by this section, advance out of the Central Fund or the growing produce thereof to the Board as and when requested so to do by the Board all such sums as the Board shall from time to time, but not later than the appointed day request the said Minister to advance to it.
(2) The total amount of the sums advanced to the Board under this section to meet the liability of the Board under this Act in respect of interest and arrears of interest on sums advanced out of the Central Fund under the Shannon Electricity Act, 1925 (No. 26 of 1925) to the separate fund established under section 11 of that Act and the expenses incurred by the Board in the operation, maintenance, and repair of the Shannon works under this Act shall not exceed such sum as with the said sums advanced whether before or after the passing of this Act to the said separate fund out of the Central Fund under section 11 of the Shannon Electricity Act 1925 (No. 26 of 1925) amounts to the sum of five millions, two hundred and ten thousand pounds, and, subject to that limitation shall not exceed the sum of six hundred thousand pounds, and the total amount of the sums so advanced in any one half-year to meet the said liability and expenses shall not exceed the sum of one hundred and fifty thousand pounds.
(3) The total amount of the sums advanced to the Board under this section for any purpose other than to meet the liability and expenses mentioned in the foregoing sub-section shall not exceed the sum of two millions, five hundred thousand pounds, and the total amount of the sums so advanced in any one half-year except in the half-year ending on the appointed day for any purpose other than as aforesaid shall not exceed the sum of four hundred thousand pounds.
(4) The Minister for Finance may, for the purpose of providing for the advance of sums out of the Central Fund under this section, or for the repayment to that Fund of all or any part of the sums so advanced, or for paying off any securities issued under this section so far as such payment is not otherwise provided for, borrow money by means of the issue of such securities as he thinks proper, and all sums so borrowed shall be paid into the Exchequer.
(5) The principal of and interest on all securities issued under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.
(6) The sums to be advanced under this section shall be advanced by the Minister for Finance, and shall be expended by the Board solely for the purpose of the exercise and performance of the powers and functions conferred on the Board by this Act.
(7) In this section the expression “the appointed day” means the 31st day of December, 1932 or such later date as the Minister, after consultation with the Board, may by order made under this section appoint.
(8) The Minister may by order made with the consent of the Minister for Finance before the 31st day of December, 1932 appoint such date subsequent to the said 31st day of December, 1932 as with the consent aforesaid he thinks proper to be the appointed day.
Every order made under this sub-section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within one month after the first day on which such House sits after such order is laid before it, pass a resolution annulling such order, such order shall be annulled accordingly without prejudice to the validity of anything previously done thereunder.
Payment of interest on advances.
13.—(1) The Board shall pay to the Minister for Finance on every sum advanced to the Board out of the Central Fund under this Act interest from the date of the advance of such sum until the same is repaid at such rate as shall be appointed by the Minister for Finance at the time of the advance and such interest shall be so paid by equal half-yearly payments on such days in every year as the Minister for Finance shall from time to time appoint.
(2) If the Board fails to pay to the Minister for Finance any interest payable by it under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on the interest so unpaid from the time appointed as aforesaid until the same is actually paid.
(3) Any interest payable by the Board to the Minister for Finance under this section on or before the appointed day, may be paid by the Board out of the moneys advanced to the Board out of the Central Fund under this Act.
(4) All interest paid to the Minister for Finance by the Board under this section shall be paid into the Exchequer in such manner as the said Minister shall from time to time direct.
Repayment of advances made under this Act.
14.—(1) For the purpose of providing for the repayment by the Board of the advances made to it out of the Central Fund under this Act, the Board shall make to the Minister for Finance half-yearly payments commencing on such date, not being earlier than the 1st day of January, 1933 as the said Minister after consultation with the Minister for Industry and Commerce shall appoint and continuing for such number of years and being of such amounts and payable at such times as the said Minister after such consultation as aforesaid shall appoint, and different such dates, numbers of years, amounts, and times may be so appointed in respect of different portions of such advances.
(2) The several half-yearly payments to be made to the Minister for Finance by the Board under this section shall be applied by the said Minister as sinking funds for the repayment of the several portions of the advances in respect of which such half-yearly payments are made and when the Board has paid to the said Minister the full number of the half-yearly payments appointed under this section in respect of any portion of such advances (together with any interest which may have become payable under this section in respect of any of such half-yearly payments) such portion of such advances shall be deemed to be fully repaid by the Board without prejudice to the liability of the Board for any interest then unpaid in respect of such portion of such advances.
(3) If the Board fails to pay to the Minister for Finance any half-yearly payment or portion of a half-yearly payment payable by it to the said Minister under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on such half-yearly payment or portion of a half-yearly payment from the time appointed as aforesaid until the same is actually paid.
(4) All moneys paid by the Board to the Minister for Finance under this section shall be paid into the Exchequer in such manner as the said Minister shall from time to time direct.
Repayment of advances made under the Shannon Electricity Act, 1925.
15.—(1) If the whole of the Shannon works are handed over to the Board by the Minister under this Act at the one time, the Board shall immediately upon such handing over become liable to the Minister for Finance for the repayment of the whole of the sums (in this section called “the said advances”) advanced whether before or after such handing over out of the Central Fund under the Shannon Electricity Act, 1925 (No. 26 of 1925) to the separate fund established for that purpose under section 11 of that Act together with all interest due and unpaid on the said advances or any part thereof.
(2) If different portions of the Shannon works are handed over to the Board by the Minister under this Act at different times, the Board shall immediately upon the handing over of any such portion of the Shannon works become liable to the Minister for Finance for the repayment of a proportionate part (to be fixed by the Minister for Finance after consultation with the Minister for Industry and Commerce) of the said advances and of the interest then due and unpaid on the said advances or any part thereof.
(3) The Board shall pay to the Minister for Finance interest on the several portions of the said advances as from the respective dates on which the Board becomes liable under this section for the repayment thereof until such liability is discharged under this section or otherwise, and such interest shall be so paid at such rate as the said Minister shall appoint at the time when such interest commences to run and shall be so paid by equal half-yearly payments on such days in every year as the said Minister shall from time to time appoint.
(4) For the purpose of providing for the repayment by the Board of the said advances, the Board shall make to the Minister for Finance half-yearly payments commencing on such date, not being earlier than the 1st day of January, 1933 as the said Minister after consultation with the Minister for Industry and Commerce shall appoint and continuing for such number of years and being of such amounts and payable at such times as the said Minister after such consultation as aforesaid shall appoint, and different such dates, numbers of years, amounts, and times may be so appointed in respect of different portions of the said advances.
(5) The several half-yearly payments to be made to the Minister for Finance by the Board under the foregoing sub-section shall be applied by the said Minister as sinking funds for the repayment of the said advances and when the Board has paid to the said Minister the full number of the half-yearly payments appointed under this section in respect of any portion of the said advances (together with any interest which may have become payable under this section in respect of any of such half-yearly payments) the liability of the Board for the repayment of such portion of the said advances shall be discharged but without prejudice to the liability of the Board for any interest then unpaid in respect of such portion of the said advances.
(6) All interest due on the said advances or any part thereof at the time when the Board becomes liable under this section for the repayment of the said advances or such part thereof shall be paid by the Board to the Minister for Finance within six months after the Board so becomes liable for such repayment and if the Board fails to pay any such interest within such six months the Board shall pay to the said Minister interest at the rate appointed by the said Minister on such interest so due from the expiration of such six months until the same is paid.
(7) If the Board fails to pay to the Minister for Finance any interest on the said advances or any part thereof or any half-yearly payment or portion of a half-yearly payment payable by it to the said Minister under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on the interest, half-yearly payment, or portion of a half-yearly payment (as the case may be) so unpaid from the time appointed as aforesaid until the same is paid.
(8) Any interest payable by the Board to the Minister for Finance under this section on or before the appointed day may be paid by the Board out of the moneys advanced to the Board out of the Central Fund under this Act.
(9) All moneys paid by the Board to the Minister for Finance under this section shall be paid into the Exchequer in such manner as the said Minister shall from time to time direct.
Charges on Shannon works.
16.—(1) Every sum advanced to the Board out of the Central Fund under this Act and all interest and every half-yearly payment payable by the Board under this Act on or in respect of such sum and all interest payable by the Board under this Act on any such interest or half-yearly payment shall become and be—
(a) a first charge on the Shannon works or the different portions thereof immediately upon such works or the different portions thereof (as the case may be) being handed over to the Board by the Minister under this Act, and
(b) a first floating charge on all property of whatsoever nature or kind (other than the Shannon works) from time to time vested in or owned by the Board, but such floating charge shall not operate to prevent or restrict the alienation or other dealing by the Board of or with any of such property in the due and proper exercise of the powers or performance of the duties conferred or imposed on the Board by this or any future Act.
(2) Immediately upon the Board becoming liable under this Act for the repayment of the whole or a proportionate part (as the case may be) of the sums advanced out of the Central Fund under the Shannon Electricity Act, 1925 (No. 26 of 1925) to the separate fund established for that purpose under section 11 of that Act, such sums or such proportionate part (as the case may be) and all interest and every half-yearly payment payable on or in respect thereof by the Board under this Act and all interest payable by the Board under this Act on any such interest or half-yearly payment shall become and be—
(a) a charge (second only to the charge created by the foregoing sub-section) on the Shannon works or the different portions thereof immediately upon such works or the different portions thereof (as the case may be) being handed over to the Board by the Minister under this Act, and
(b) a floating charge (second only to the floating charge created by the foregoing sub-section) on all property of whatsoever nature or kind (other than the Shannon works) from time to time vested in or owned by the Board, but such floating charge shall not operate to prevent or restrict the alienation or other dealing by the Board of or with any of such property in the due and proper exercise of the powers or performance of the duties conferred or imposed on the Board by this or any future Act.
(3) The several charges (including floating charges) created by this section shall be vested in the Minister for Finance and may be enforced by that Minister in due form of law whenever he shall think proper so to do and whether any interest or half-yearly payment secured by such charge is or is not due and unpaid and all moneys recovered by virtue of any such charge shall be paid into the Exchequer in such manner as the said Minister shall direct.
Control of Shannon works.
17.—(1) When the Shannon works are completed and handed over to the Minister by the contractor engaged in the construction thereof the Minister shall, as soon as conveniently may be, by order under his seal hand such works over to the Board, and, in the event of any portion of the Shannon works being completed and handed over to the Minister by the said contractor, the Minister may if he so thinks fit at any time thereafter by order under his seal hand over to the Board such completed portion of the said works at any time before the completion of the whole of the said works.
(2) The handing over of the Shannon works or any part thereof by the Minister to the Board under this section shall be without prejudice to the rights of the Minister under his contract with the contractor engaged in the construction of the said works and nothing in this section relating to legal proceedings shall apply to any legal proceedings brought by the Minister to enforce such rights.
(3) Notwithstanding the handing over of the Shannon works or any part thereof to the Board under this section such works shall remain and be vested in law in the Minister but as from the date on which the Shannon works or any portion thereof are handed over to the Board under this section the Board shall, unless and until the Oireachtas otherwise directs, have the exclusive possession and control of such works or portion thereof (as the case may be) and the exclusive right to exercise powers and rights in relation thereto conferred on the Minister by the Shannon Electricity Act, 1925 (No. 26 of 1925) as amended by this Act, and the Board shall enjoy and exercise such possession and control under and in accordance with this Act and any amendment thereof hereafter made by the Oireachtas, and for the purpose of any legal proceedings, whether civil or criminal, in respect of any matter occurring during such possession and control (including proceedings by the Minister for Finance to enforce a charge created by this Act) the Board may sue or prosecute and be sued or prosecuted as the owner of the said works or of such portion thereof as shall then have been handed over to it under this section, and the property in such works or such portion thereof may be laid in the Board.
Transfer of chattels to the Board.
18.—(1) Whenever the Shannon works or any portion thereof are handed over to the Board by the Minister under this Act, the Minister may by the order effecting such handing over or by a subsequent order transfer to the Board all or any vehicles, tools, machinery, instruments, and other chattels (not being fixtures passing with the Shannon works or any portion thereof) acquired by him under or for the purposes of the Shannon Electricity Act, 1925 (No. 26 of 1925).
(2) All chattels transferred to the Board by an order under this section shall immediately upon such transfer become and be the property of the Board as fully as if the same had been purchased by the Board under this Act.
General duty of the Board.
19.—It shall be the duty of the Board—
(a) to produce and generate electricity in the Shannon works so soon as such works or a sufficient portion thereof for the purpose are handed over to the Board by the Minister, and to transmit through the transmission system of the Shannon works and any extension of that system the electricity so generated, and
(b) to control, manage, and maintain in good repair and condition and proper and efficient working order each and every part or section of the Shannon works as from the respective dates on which such parts or sections are respectively handed over to the Board by the Minister, and
(c) to distribute, utilise and sell the electricity generated by the Board in the Shannon works and to promote and encourage the purchase and use of such electricity, and
(d) to control, co-ordinate, and improve the supply distribution, and sale of electricity generally in Saorstát Eireann and for the purposes of such control, co-ordination, and improvement to exercise and employ the powers conferred on the Board by this Act, and
(e) generally to perform and exercise all duties and powers which are imposed or conferred on the Board by this Act and all such other duties and powers as may hereafter be imposed or conferred on the Board by the Oireachtas.
Certain general powers of the Board.
20.—(1) The Board may, subject to and in accordance with the particular provisions of this Act, distribute and supply electricity (whether generated or purchased by it) in any part of Saorstát Eireann either in bulk or to individual consumers and shall for the purposes of such distribution and supply have and be subject to all the rights, powers, obligations, and duties conferred or imposed by this Act on an authorised undertaker but the Board shall not under this sub-section distribute or supply electricity in bulk or otherwise to any person or premises within the area of supply of an authorised undertaker save either with the consent of such authorised undertaker or under and in accordance with a particular power in that behalf conferred on the Board by this Act.
(2) The Board may by special order constitute itself to be the authorised undertaker for any particular area specified in that behalf in such order which at the date of such order is not included in and does not include the whole or any part of the area of supply of an authorised undertaker and every such special order—
(a) may be modified or revoked by the Board as and when it thinks fit,
(b) shall continue in force and operation during the period specified in that behalf therein or, if no such period is so specified, until revoked by the Board,
(c) shall operate to confer on the Board the exclusive right to supply electricity in the area to which the order relates and to confer and impose on the Board in or in relation to such area and the generation, distribution, and supply of electricity by the Board therein all the rights and powers and all the obligations and duties conferred or imposed by this Act on an authorised undertaker in or in relation to his area of supply, save that where any such power is only exercisable with the consent of the Board the exercise of such power by the Board shall be sufficient evidence of its consent to such exercise.
(3) Subject to the provisions of this Act the Board may construct, re-construct, maintain, and operate electric generating stations, transformer stations and other stations and places for transforming, storing, or otherwise dealing with electricity and extend or enlarge the transmission system of the Shannon works and construct, re-construct, maintain, and operate such other lines and works as the Board may think fit.
(4) For the purpose of the exercise or performance of any of the powers or functions conferred on the Board by this Act, the Board may enter on any lands or premises and there make such inquiries, investigations, and examinations as it thinks proper.
Fixing of rates and scales of charges for electricity, etc.
21.—(1) All charges made by the Board on or before the appointed day for electricity (whether derived from the Shannon works or otherwise) sold by it in bulk or direct to consumers and for goods sold or services rendered by it shall be fixed at such rates and on such scales as are in the opinion of the Board most conducive to the Board being from and after the said appointed day in a position to comply with the next following sub-section of this section.
(2) All charges made by the Board after the appointed day for electricity (whether derived from the Shannon works or otherwise) sold by it in bulk or direct to consumers and for goods sold and services rendered by it shall be fixed at such rates and on such scales that the revenue derived in any year by the Board from such sales and services together with its revenue (if any) in such year from other sources will be sufficient and only sufficient (as nearly as may be) to pay all salaries, working expenses, and other outgoings of the Board properly chargeable to income in that year (including the payments falling to be made in such year by the Board to the Minister for Finance in respect of interest and sinking fund payments on advances out of the Central Fund) and such sums as the Board may think proper to set aside in that year for reserve fund, extensions, renewals, depreciation, loans, and other like purposes.
(3) In this section the expression “the appointed day” has the same meaning as it has in section 12 (which relates to advances from the Central Fund to the Board) of this Act.
Loans by the Board to authorised undertakers.
22.—The Board may out of the funds at its disposal make advances to any authorised undertaker, permitted undertaker or statutory undertaker for the purpose of his undertaking on such terms as the Board thinks proper and, where so required under any other section of this Act, shall make such advances on such terms as may be fixed in the manner provided in that behalf by such section, and any authorised undertaker, permitted undertaker or statutory undertaker, notwithstanding anything contained in the Act, order, memorandum of association or other document constituting such undertaker, may borrow from the Board.
Authorised undertakers and permitted undertakers to give information to the Board.
23.—The Board may require any authorised undertaker to give to the Board and every such undertaker when so required shall give to the Board such information relating to his undertaking as the Board considers necessary and every authorised undertaker who on being so required fails or refuses to give to the Board such information as aforesaid 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.
Investigation into administration, etc., of authorised undertaking.
24.—(1) The Board may at any time hold or appoint any person to hold an investigation into the administration and financial position of the undertaking of any authorised undertaker, and the Board or the person so appointed as aforesaid (as the case may be) shall have power to summon witnesses to attend such investigation and to examine witnesses on oath and for that purpose to administer an oath to witnesses attending such investigation and to compel such witnesses to produce any documents in their power or control the production of which the Board or such person (as the case may be) considers necessary for the purposes of such investigation.
(2) Whenever an investigation is held under this section into the administration and financial position of the undertaking of an authorised undertaker such authorised undertaker shall be entitled to be heard and adduce evidence and, if he so desires, to be represented professionally at such investigation.
(3) Every person who on being duly summoned by the Board or by any such person as aforesaid to attend as a witness at any such investigation as aforesaid fails to attend such investigation, or being in attendance thereat as a witness refuses to take an oath or to give evidence or to produce any document in his power or control when required so to do 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.
Users, etc., of electrical apparatus to give information to Board.
25.—The Board may require any person controlling or using electrical apparatus to give to the Board and every such person when so required shall give to the Board such information relating only to the nature, control, and use of such electrical apparatus (not including the nature or purpose of any experimental work for which such apparatus is used) as the Board thinks necessary, and every person who, on being so required, fails or refuses to give to the Board such information 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.
Employment of technical, etc., advisers.
26.—(1) The Board may from time to time employ such technical or other advisers as it thinks fit to advise it in regard to any matter or thing in connection with the exercise or performance by the Board of the powers, duties and functions conferred or imposed on it by or under this Act.
(2) There shall be paid out of the funds at the disposal of the Board under this Act to every person employed by the Board under this section such fees and such allowances as the Board shall determine.
General advisory functions of the Board.
27.—It shall be the duty of the Board to advise the Executive Council generally on all matters relating to the exploitation of water power and other natural resources of Saorstát Eireann for the generation of electricity and to make all such investigations and collect all such data relating to such water power and such natural resources as may be necessary for the purpose of the exploitation thereof for the generation of electricity and to advise the Minister on the location and extent of the transmission system to be constructed in pursuance of the provisions of the Shannon Electricity Act, 1925 (No. 26 of 1925) and on such other matters arising out of the exercise and performance by the Minister of the powers, functions and duties conferred and imposed on him by the said Act as the Minister may think fit to refer to the Board for their advice.
Investigations and surveys by the Board.
28.—(1) The Board may conduct such investigations, experiments, and trials as the Board thinks fit for the improvement of the methods of transmission, distribution, and supply of electricity or of the utilisation of fuel, water power, or other means of generating electricity and may establish and maintain a testing laboratory for the testing and standardisation of electrical instruments.
(2) The Board may take such measures as, in the opinion of the Board, are calculated to advance the exploitation of water power in Saorstát Eireann and may organise and carry out national power and hydrometric survey work and make or arrange for the making of such maps, plans, sections, and estimates as are necessary for any of the purposes aforesaid.
(3) The Board may enter on any lands or premises for the purpose of doing thereon or on any other lands or premises all or any of the things which the Board is by this section authorised to do or making thereon or on any other lands or premises any inquiry, investigation, or examination preliminary or incidental to the doing of any such thing.
Exhibitions and displays of electrical apparatus, etc.
29.—The Board may, for the purpose of promoting and extending the uses of electricity for domestic, industrial, agricultural, and other purposes, open or arrange for the opening of showrooms for the exhibition and display of electrical apparatus and appliances and may organise and conduct or arrange for the organisation and conduct throughout Saorstát Eireann of demonstrations, exhibitions, and instruction relating to the uses of electricity for the purposes aforesaid.
Assistance of Departments of State.
30.—The Board may contract with any Minister who is head of a Department of State established by the Ministers and Secretaries Act, 1924 (No. 16 of 1924) or with any statutory body under the control of any such Minister and such Minister or statutory body may with the consent of the Minister for Finance contract with the Board for the rendering of services and supply of materials to the Board in respect of the exercise and performance by the Board of the rights and duties conferred and imposed on it by this Act, and upon any such contract being made such Minister or statutory body and his or their officers and servants shall render services and supply materials to the Board in accordance with such contract.
Inquiries by the Board.
31.—(1) The Board may hold or cause to be held such inquiries as the Board considers necessary for the purposes of this Act, and the Board, and, if authorised in that behalf by the Board, the person appointed by the Board to hold any such inquiry shall have power to take evidence on oath and for that purpose to administer oaths, and may also by order require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce documents at such inquiry, and if any person fails without reasonable excuse to comply with any of the provisions of such order 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.
(2) Notice of any inquiry to be held for the purposes of this Act may be given and published in accordance with such general or special directions as the Board may give.
Annual report, statistics and returns.
32.—(1) The Board shall in each year, at such date and in such form as the Minister may prescribe, make to the Minister a report of its proceedings under this Act during the preceding year.
(2) The Board shall furnish to the Minister at such times and in such form and manner as the Minister may direct such statistics and returns as the Minister may require.
(3) The Minister shall lay as soon as may be before each House of the Oireachtas a copy of every report made to him by the Board under this section together with a copy of the last capital account, revenue account, profit and loss account, and balance sheet of the Board and a copy of the auditors' report on such accounts and balance sheet and shall with every such report by the Board lay before each House of the Oireachtas copies of such statistics, returns, and accounts furnished to him by the Board under this Act as may be necessary for the proper understanding of such report.
General regulations.
33.—The Board may by order make such general regulations as may be required for carrying this Act into effect and in particular may, subject to the provisions of this Act, make such regulations as it thinks proper relating to all or any of the following matters or things, that is to say:—
(a) the making of special orders by the Board and applications to the Board for such orders,
(b) the making of orders (not being special orders) by the Board,
(c) the granting by the Board of permits to generate, distribute, and supply or to distribute and supply electricity,
(d) the fees to be paid in respect of the making by the Board of special orders authorising and in respect of the granting by the Board of permits empowering the generation, distribution and supply or the distribution and supply of electricity,
(e) the procedure in relation to the acquisition of authorised undertakings by the Board,
(f) the advancing of moneys to undertakers and the repayment of such moneys,
(g) the procedure in relation to the taking and relinquishing of control by the Board of authorised undertakings and the direction and management of such undertakings while controlled by the Board,
(h) the procedure to be followed by authorised undertakers in the inviting, considering and accepting of tenders for works and supplies,
(i) the erection and maintenance of aerials for receiving messages or other communications by wireless telegraphy with a view to prohibiting by such regulations the erection and maintenance of such aerials in any place or position in which in the opinion of the Board the erection or maintenance thereof constitutes by reason of proximity to a line for the transmission or distribution of electricity a danger to the users of such aerials or to the public or which in the opinion of the Board is an obstruction to the development of electrical distribution (including penalties for the breach of such regulations and the recovery thereof by summary proceedings),
(j) the protection and safety of the Shannon works and of all or any transmission or distribution systems (including the imposition of penalties for the breach of such regulations and the recovery of such penalties by summary proceedings),
(k) the protection of the public safety (including the imposition of penalties for the breach of such regulations and the recovery of such penalties by summary proceedings), and
(l) the procedure of the Board generally.
Regulations to be incorporated with special orders.
34.—(1) The Board may by order make regulations (including regulations imposing penalties) in lieu of or in addition to the provisions heretofore contained in the Electric Lighting Clauses Act, 1899, as amended by the Electric Lighting Act, 1909, or by any other Act and all regulations so made shall be deemed to be incorporated in every Special Act or Order passed or made before the passing of this Act in substitution for any provisions on the same matters contained or incorporated in such Special Act or Order whether such provisions are or are not the provisions of the Electric Lighting Clauses Act, 1899, as amended as aforesaid.
(2) All regulations made by the Board under this section shall be incorporated with and form part of every special order made by the Board constituting the Board or any other person to be an authorised undertaker save in so far as such regulations are expressly excepted or varied by such special order, and shall, subject to such variations or exceptions (if any), apply so far as applicable to the undertaking authorised by such special order.
(3) Where the provisions of the Electric Lighting Clauses Act, 1899, as amended as aforesaid have before the passing of this Act been incorporated with any Electric Lighting Order made under any Act the several provisions of the said Electric Lighting Clauses Act, 1899, as so amended shall in so far as not inconsistent with the provisions of this Act remain in force until such time as such provisions are respectively replaced by regulations made by the Board under this section.
(4) Whenever any regulation proposed to be made by the Board under this section contains any provision imposing any restriction on any local authority or requiring or authorising any interference with the functions or duties of any local authority such regulation shall not be made until after consultation with the Minister for Local Government and Public Health and the service of such notices (if any) and the holding of such inquiries (if any) as the said Minister may require to be served or held.
(5) Whenever any regulation proposed to be made by the Board under this section contains any provision relating to any gas undertaking, railway, canal, inland navigation, dock, or harbour such regulation shall not be made until after consultation with the Minister and the service of such notices (if any) and the holding of such inquiries (if any) as the Minister may require to be served and held.
(6) Whenever any regulation proposed to be made by the Board under this section contains any provision relating to or affecting any lands, premises, works, or materials or other property of the Minister for Posts and Telegraphs such regulation shall not be made until after consultation with the said Minister.
(7) All rules and regulations made under any Act repealed by this Act shall, so far as they are in force at the date of the passing of this Act, remain in force unless and until such rules or regulations are replaced by regulations (relating to the same subject matter as the subject matter of the rules or regulations aforesaid) made by the Board under this section.
(8) Every regulation made by the Board under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.
PART II.
Particular Functions and Powers of the Electricity Supply Board.
Prohibition of unauthorised sale of electricity.
35.—(1) From and after the expiration of six months from the passing of this Act or such further period as may be fixed by the Board for any particular area, no person (other than the Board) shall sell electricity or supply electricity for sale unless he is an authorised undertaker or is a person authorised by a permit granted under this Act to supply electricity.
(2) No authorised undertaker shall sell electricity or supply electricity for sale outside his area of supply save in so far as he is authorised so to do by or under the Act or special or other order by virtue of which he is an authorised undertaker or by or under this Act and no authorised undertaker shall sell electricity or supply electricity for sale otherwise than in accordance with such Act or special or other order as aforesaid and this Act.
(3) No person who is for the time being the holder of a permit to supply electricity granted under this Act shall sell electricity or supply electricity for sale otherwise than in accordance with such permit.
(4) The Board shall serve on every person who to the knowledge of the Board sells electricity or supplies electricity for sale in contravention of this section a notice in writing requiring such person to cease within fourteen days from the date of the service of such notice to sell electricity or supply electricity for sale as aforesaid.
(5) Every person who shall sell electricity or supply electricity for sale in contravention of this section after the expiration of fourteen days from the service on him of a notice under the foregoing sub-section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment with or without hard labour for any term not exceeding six months or, at the discretion of the court, to a fine not exceeding one hundred pounds together with, in the case of a continuing offence, a further fine of ten pounds for every day the offence continues, or to both such imprisonment and such fine.
Constitution of authorised undertakers by the Board.
36.—(1) The Board may by special order authorise any person (notwithstanding any enactment prohibiting such person from generating electricity for distribution and supply to the public or from distributing and supplying electricity to the public) to generate, distribute, and supply or to distribute and supply to the public electricity for all purposes within a particular specified area which at the date of the order is not included in and does not include the whole or any part of the area of supply of an authorised undertaker.
(2) There shall be paid to the Board in respect of the making of every special order made under this section by the person authorised by such order to generate, distribute and supply or to distribute and supply electricity such fee as shall be fixed in that behalf by the regulations made by the Board under this Act and the payment of such fee shall be a condition precedent to the making of such order.
(3) Every special order made under this section shall operate to constitute the person thereby authorised to supply electricity to be the authorised undertaker for the particular area specified in the order and to confer on such person the exclusive right to supply electricity in such area.
Permits to supply electricity to the public.
37.—(1) The Board may subject to the provisions of this section grant to any person (notwithstanding any enactment prohibiting such person from generating electricity for distribution and supply to the public or from distributing and supplying electricity to the public) a permit to generate, distribute, and supply or to distribute and supply either to the public generally or to particular classes or members of the public electricity either for all purposes or for one or more specified purposes in a specified area subject to such of the provisions of this Act and such other conditions as may be specified in the permit.
(2) There shall be paid to the Board in respect of the granting of every permit granted under this section by the person to whom such permit is granted such fee as shall be fixed in that behalf by the regulations made by the Board under this Act and the payment of such fee shall be a condition precedent to the granting of such permit.
(3) The Board shall not grant a permit under this section to any person to supply electricity to any person in an area of supply to whom an authorised undertaker is able and willing to supply electricity.
(4) The Board shall not until the Oireachtas otherwise determines refuse to grant to any person who was on the 31st day of March, 1927, supplying electricity to the public in any area otherwise than as an authorised undertaker a permit under this section to continue supplying electricity to the public in that area if no alternative supply of electricity is available for that area and the Board is satisfied that such person as aforesaid is willing to comply with such of the provisions of this Act and such other conditions as apply or may be applied under this Act to authorised undertakers as the Board may propose to specify in the permit, and the Board shall not revoke a permit granted under this section to any such person as aforesaid so long as no alternative supply of electricity is available for the area to which such permit relates and the person to whom the permit is granted continues, to the satisfaction of the Board, to comply with such of the provisions of this Act and the conditions so specified in the permit.
(5) A permit granted under this section shall operate to empower the person to whom it is granted to generate, distribute, and supply or distribute and supply (as the case may be) electricity in accordance with the terms thereof and may also if so expressed operate to confer on such person the exclusive right to supply electricity either for all purposes or for one or more specified purposes in the area specified in the permit.
(6) A permit granted under this section may be expressed and if so expressed shall operate to confer and impose on the person to whom it is granted all or any of the powers, functions, obligations and duties conferred or imposed on an authorised undertaker by this Act and regulations made thereunder and to confer on the Board the like powers in relation to such person and his undertaking as are conferred on it by this Act or the regulations made thereunder in relation to an authorised undertaker or his undertaking, and for the purpose of the application of this Act and such regulations to a permit so expressed and to the person to whom such permit is granted the expression “authorised undertaker” in this Act and such regulations shall include such person and references to the undertaking of an authorised undertaker shall include the undertaking of a permitted undertaker.
(7) A permit granted under this section may be modified or revoked by the Board as and when it thinks fit.
(8) A permit granted under this section shall, subject to all (if any) modifications made therein by the Board, continue in force during the period specified in that behalf in the permit or, if no such period is so specified, until the permit is revoked by the Board.
Acquisition by the Board of authorised undertakings.
38.—(1) Notwithstanding anything contained in any Act or order, any authorised undertaker may at any time request the Board to acquire his undertaking and thereupon the Board, if it thinks fit so to do, may by order acquire such undertaking.
(2) The Board may by order at any time acquire the undertaking of any authorised undertaker, and also may at any time by agreement with any person generating, distributing and supplying or distributing and supplying electricity in pursuance of a permit granted to such person under this Act acquire the undertaking (or any part thereof) of such person.
Procedure on acquisition of authorised undertaking by the Board.
39.—(1) Whenever the Board proposes to acquire under this Act the undertaking of an authorised undertaker (hereinafter in this section called the former undertaker) the Board shall send or deliver to such undertaker a notice in writing (hereinafter in this section called the notice of acquisition) of such proposal specifying the date on which the Board proposes to acquire the undertaking (hereinafter in this section called the date of acquisition).
(2) The Board shall on the date of acquisition by special order (hereinafter in this section called the vesting order) constitute itself or some other person to be the authorised undertaker (hereinafter in this section called the new undertaker) for the area of supply of the former undertaker and shall transfer to and vest in the new undertaker all the property, assets, and liabilities as hereinafter provided of the former undertaker in relation to the undertaking.
(3) The vesting order, in so far as it purports to constitute the new undertaker to be an authorised undertaker, shall have the like operation and effect as a special order made by the Board under the appropriate section of this Act either (as the case may require) declaring the Board to be the authorised undertaker for an area of supply or constituting a person to be the authorised undertaker for an area of supply.
(4) The vesting order, in so far as it purports to transfer to and vest in the new undertaker the property, assets, and liabilities of the former undertaker, shall be expressed and shall operate:—
(a) to transfer to and vest in the new undertaker free from all charges and encumbrances all the property and assets of the former undertaker owned and used by him (including property out on loan or hire to consumers) on the date of the vesting order for the purposes of the undertaking, and
(b) to transfer to and vest in the new undertaker all book debts and other moneys owing to the former undertaker on account of the undertaking on the date of the vesting order and the right to sue for, recover, and give good receipts for such debts and moneys, and
(c) to impose on and vest in the new undertaker the liability for and obligation to indemnify the former undertaker against all debts and liabilities owing by the former undertaker on account of the undertaking on the date of the vesting order save and except—
(i) capital liabilities, mortgages, loans, and bank over draft, and
(ii) any liability exceeding one thousand pounds incurred after the 31st day of March, 1927, and before the constitution of the Board without the consent of the Minister or incurred after the constitution of the Board without the consent of the Board.
(5) Immediately upon the service on the former undertaker of the notice of acquisition the former undertaker shall cease to be an authorised undertaker but (notwithstanding anything contained in this or any other Act or in any order) shall continue to carry on his undertaking until the date of the vesting order and shall until that date have and perform all such rights, powers duties, and obligations as were immediately before the service of the notice of acquisition conferred or imposed on him by this or any other Act or any order and are necessary for such carrying on of his undertaking.
(6) Whenever the former undertaker is a local authority the new undertaker shall as on and from the date of the vesting order become and be by virtue of this sub-section liable for and bound to indemnify and keep indemnified the former undertaker against all capital loans (including current bank overdraft) outstanding at the date of the vesting order and borrowed by the former undertaker for the purpose of the undertaking and all mortgages and charges on the undertaking or the assets thereof outstanding on the date of the vesting order (save and except loans borrowed and mortgages and charges created after the 31st day of March, 1927, and before the constitution of the Board without the consent of the Minister or after the constitution of the Board without the consent of the Board) and also the interest on such loans, mortgages, and charges from the date of the vesting order.
(7) Whenever the former undertaker is a local authority, and has before the 31st day of March, 1927, raised by means of the rates any sum in aid of the undertaking, the new undertaker shall as on and from the date of the vesting order become and be by virtue of this sub-section liable to pay such sum (less an amount equal to the portion (if any) thereof which has before the date of the vesting order been paid to the general revenue account of such local authority in relief of rates) to the former undertaker by ten equal yearly instalments, the first of which shall be payable twelve months after the date of the vesting order, and each of which shall when received by the former undertaker be paid into its general revenue account in relief of rates.
(8) Whenever the former undertaker is not a local authority the new undertaker shall within three months after the date of the vesting order pay to the Board or, if the Board is itself the new undertaker, shall put to a separate account a sum equal to the fair value on the date of the vesting order of the undertaking (with all the property, assets, and liabilities thereof transferred to or imposed on the new undertaker by the vesting order) as a going concern and interest on such fair value from the date of the vesting order at the rate of five per cent. per annum, such fair value to be fixed, in default of agreement, by an arbitrator agreed upon by the former undertaker and the new undertaker or failing such agreement appointed by the High Court, and as soon as may be after such payment or putting to a separate account the Board shall out of the moneys so paid to it or put to a separate account by it discharge so far as such moneys are sufficient for that purpose all mortgages and charges affecting the undertaking or any of the property or assets thereof on the date of the vesting order and shall pay the residue (if any) of such moneys to the former undertaker.
In fixing for the purposes of this sub-section the fair value of an undertaking the arbitrator shall not include any sum or allowance on account of any accretion of value arising directly or indirectly from the operation of the Shannon works.
(9) Every person who, immediately before the date of the vesting order, is in the employment of the former undertaker and is employed by him in relation to the undertaking and had been so employed before the 31st day of March, 1927, shall, on the making of the vesting order,(unless such person elects with the consent of the former undertaker to remain in the service of such undertaker in another capacity) become a servant of the new undertaker upon the same terms (including increment pension and superannuation rights) as he was on the 31st day of March, 1927, employed by the former undertaker, with such increases of salary and other benefits as may before the date of the vesting order have accrued to him from those terms by effluxion of time and such further increases of salary and other benefits as may have been conferred on him by the former undertaker, after the 31st day of March, 1927, and before the constitution of the Board, with the consent of the Minister or, after the constitution of the Board, with the consent of the Board.
(10) If any dispute or question shall arise as to whether any person was, immediately before the date of the vesting order, in the employment of the former undertaker, and was employed by him in relation to the undertaking, and had been so employed before the 31st day of March, 1927, such dispute or question shall, if the Board is itself the new undertaker, be determined by the Minister, and shall, if the Board is not itself the new undertaker be determined by the Board.
(11) Every person who, immediately before the date of the vesting order, is in the employment of the former undertaker and is employed by him in relation to the undertaking and was first so employed on or after the 31st day of March, 1927, shall, on the making of the vesting order, become a servant of the new undertaker upon the same terms (including pension and superannuation rights) as he was immediately before the date of the vesting order employed by the former undertaker if, but only if, his employment by the former undertaker in relation to the undertaking and the terms on which he was so employed immediately before the date of the vesting order were approved of by the Minister before the constitution of the Board or by the Board after its constitution.
(12) For the purpose of calculating the pension and superannuation rights against the new undertaker of a person transferred by this section from the service of the former undertaker to the service of the new undertaker, the periods of service of such person with the former undertaker and the new undertaker respectively shall be reckoned as continuous service with the new undertaker.
(13) Whenever the former undertaker is a local authority and any dispute arises between the new undertaker and any person transferred by this section from the service of the former undertaker to the service of the new undertaker in relation to any right of such person which dispute, if it had arisen between such former undertaker and such person before such transfer, might at the instance of such person have been referred to the Minister for Local Government and Public Health for his decision, such dispute shall, if such person so requires, be referred to the said Minister, whose decision thereon shall be final and conclusive.
Control of authorised undertaking by the Board.
40.—(1) The Board may by order take control at any time of the undertaking of an authorised undertaker.
(2) The following provisions shall apply to every order (in this Act called a control order) by which the Board takes control of an undertaking under this section or under any other section of this Act, that is to say:—
(a) the Board may in the control order state the date (not being prior to nor more than three months subsequent to the date of the control order) on and from which it thereby takes control of the undertaking, and if no such date is so stated the Board shall be deemed to take such control on and from the date of the order,
(b) the Board may in the control order state the period for which it thereby takes control of the undertaking, but such period shall not be less than the minimum period (if any) applicable under this Act nor more in any case than five years,
(c) if no such period is stated in the control order the Board shall be deemed thereby to take control of the undertaking for the period of five years or until the Board sooner relinquishes such control, and in such case the Board may by order at any time, but where such minimum period as aforesaid is applicable, not before the expiration of such minimum period, relinquish such control.
(3) Whenever the Board takes control under this Act of the undertaking of an authorised undertaker the following provisions shall apply, that is to say:—
(a) so long as such control continues the Board shall maintain, work, and manage the undertaking and shall for that purpose have full possession, control, use, and occupation of all the property and assets of the authorised undertaker and the right to use the name of the authorised undertaker,
(b) upon the commencement of the control all persons in the employment of the authorised undertaker and employed by him in relation to the undertaking shall become servants of the Board upon the same terms as they were, immediately before such commencement, employed by the authorised undertaker and with the same (if any) rights against the Board to pension and superannuation allowance as they had against the authorised undertaker immediately before such commencement and for the purpose of such pension and superannuation allowance the period of service of any such person with the authorised undertaker before such commencement and his period of service under the Board during the control shall be reckoned as continuous service under the Board: provided that no such person shall during the control be transferred from the undertaking without his consent,
(c) the Board may during the control employ such and so many persons (whether previously employed or not employed by the authorised undertaker) in relation to the undertaking as it thinks fit,
(d) the Board shall have all the benefits and perform all the obligations of the authorised undertaker under any contract subsisting immediately before the commencement of the control but so far only as such contract is to be performed during the control, and the Board shall during the control be entitled to sue and be liable to be sued in relation to any such contract in the name of the authorised undertaker,
(e) all profits earned by the undertaking during the control shall, at the discretion of Board, either be paid into a reserve fund or a renewals fund or other like fund belonging to or for the benefit of the undertaking or be paid to the authorised undertaker and applied by him according to law as profits earned by him from the undertaking,
(f) all losses incurred by the undertaking during the control shall be paid by the Board but may if the Board so thinks fit be recouped to the Board out of the reserve or other funds (if any) of the authorised undertaker to an amount not exceeding in respect of any year the amount of the average annual losses (if any) incurred by the undertaking during the period of five years immediately preceding the date of the commencement of the period of control,
(g) the authorised undertaker may at any time during the control require the Board to acquire the undertaking and the Board upon being so required shall forthwith acquire the undertaking,
(h) at the expiration by effluxion of time of the period of control the Board shall do by order one or other as the Board thinks fit of the following things, that is to say, either acquire the undertaking or relinquish control of the undertaking.
(4) When the Board relinquishes control of an undertaking the following provisions shall have effect, that is to say:—
(a) the rights of the Board under the control order in respect of the undertaking and the property and assets of the authorised undertaker and of his name shall cease,
(b) all property and assets acquired by the Board during the control out of money derived from the undertaking and held by the Board at the expiration of the control shall become the property of the authorised undertaker,
(c) all persons who are at the expiration of the control employed by the Board in relation to the undertaking shall become servants of the authorised undertaker upon the same terms as they were, immediately before such expiration, employed by the Board and with the same (if any) rights against the authorised undertaker to pension and superannuation allowance as they had against the Board immediately before such expiration, and for the purpose of such pension and superannuation allowance the period of service of any such person under the Board shall be reckoned as service with the authorised undertaker,
(d) the authorised undertaker may, not later than one month after the relinquishment by the Board of the control of the undertaking of such authorised undertaker, give to any person (not being a person who was at the date of the commencement of the control employed by such authorised undertaker) who is at the expiration of the control employed by the Board in relation to such undertaking and becomes a servant of such authorised undertaker notice in writing of the termination of his employment as a servant of such authorised undertaker notice in writing of the termination of his employment as a servant of such authorised undertaker and every such notice shall be expressed and operate to terminate the employment as such servant of such person at the expiration of one month from the date thereof or, in the case of a person whose contract of service with the Board provided for the termination of such service upon notice of a less period than one month, at the expiration of such less period.
Segregation of authorised undertaking from conjoined business.
41.—(1) Whenever the undertaking of an authorised undertaker is carried on by him in conjunction with or as part of another business owned by him, the Board may, for the purpose of the acquisition or the taking control of such undertaking by it under this Act or for any other purpose arising under this Act, require such authorised undertaker to furnish to the Board within the time (not being less than one month) appointed by it in that behalf a segregation statement within the meaning of this section in relation to such undertaking.
(2) Whenever an authorised undertaker, on being required under this section to furnish to the Board a segregation statement in relation to his undertaking refuses or neglects so to do within the time appointed by the Board in that behalf or furnishes within such time to the Board a segregation statement which, in the opinion of the Board, is unsatisfactory the Board may itself prepare such segregation statement.
(3) If any question or dispute arises between an authorised undertaker and the Board upon any segregation statement prepared by the Board under this section such question or dispute shall be determined by an arbitrator appointed by the Minister on the application of such authorised undertaker or the Board (as the case may be) and such arbitrator shall have power to amend such segregation statement and such segregation statement as so amended shall for the purposes of this section be deemed to be a segregation statement prepared by the Board under this section.
(4) For the purposes of this section, a segregation statement in relation to the undertaking of an authorised undertaker is a statement, in such form as is directed by the Board, showing—
(a) how much or which part of the capital liability of the authorised undertaker represents moneys expended on such undertaking, and
(b) how much or which of the debts and liabilities of the authorised undertaker were incurred on account of such undertaking, and
(c) how much or which of the book debts and other moneys owing to the authorised undertaker are so owing in respect or on account of such undertaking, and
(d) what part or which of the lands, buildings, plant, machinery, chattels, and other property (not being money or security for money) belonging to the authorised undertaker is used for the purposes of such undertaking, and
(e) how much or which of the moneys in hand and of the investments and other securities for money belonging to the authorised undertaker are attributable to such undertaking, and
(f) which of the persons employed by the authorised undertaker are so employed in or for the purposes of such undertaking.
(5) Whenever a segregation statement is furnished by an authorised undertaker or is prepared by the Board under this section in relation to an undertaking, such undertaking shall for the purpose of the acquisition or taking control thereof by the Board under this Act or for any other purpose arising under this Act be deemed to consist and may be treated by the Board as consisting only of such capital liability, debts and liabilities, book debts and other moneys, property, moneys in hand and securities for money, and persons as are stated in such segregation statement to represent moneys expended, to have been incurred, to be owing, to be used, to be attributable, or to be employed (as the case may be) on, or on account of, or in respect of, or to, or for the purposes of such undertaking.
Alteration of areas of supply.
42.—(1) The Board may whenever it so thinks proper by order alter the area of supply of any authorised undertaker either by way of extension or of reduction or of both extension and reduction of such area.
(2) Whenever the Board makes an order under this section altering an area of supply of an authorised undertaker such area as so altered shall for all purposes be the area of supply of such authorised undertaker and the Act, order, memorandum of association, or other document constituting such authorised undertaker and also the Act or order by virtue of which he is an authorised undertaker shall have effect accordingly.
(3) Whenever the Board makes an order under this section altering an area of supply of an authorised undertaker the Board shall by such order make such (if any) adaptations of the Act, order, memorandum of association, or other document constituting such authorised undertaker and of the Act or order by virtue of which he is an authorised undertaker as shall appear to the Board to be necessary to enable such document, Act, or order to have effect in respect of the area of supply as so altered as fully as it had in such area of supply before it was so altered.
(4) The Board shall not by an order under this section add to the area of supply of an authorised undertaker any area which at the date of such order is part of the area of supply of another authorised undertaker.
(5) This section shall apply to an area of supply of which the Board is the authorised undertaker as fully as it applies to any other area of supply.
(6) The Board shall not alter the area of supply of an authorised undertaker (other than the Board itself) under this section without previously giving such authorised undertaker an opportunity to be heard in respect of such alteration.
(7) An order made by the Board under this section may provide that such order shall come into operation on a date subsequent but not more than six months subsequent to the date of such order, and when any such order so provides such order shall come into operation accordingly.
Provisions consequential on extension of area of supply.
43.—Whenever the Board, by an alteration made under this Act of the area of supply of an authorised undertaker, extends such area (whether the Board does or does not at the same or any other time in other respects reduce such area) the following provisions shall have effect, that is to say, if the extent of the area so added to such area of supply exceeds one-tenth of the extent of such area of supply before it was so altered, such authorised undertaker may within one month after the date of the order of the Board making such alteration require the Board to acquire the undertaking of such authorised undertaker and thereupon the Board shall by order do whichever of the following things it thinks proper, that is to say, either acquire such undertaking or take control of such undertaking for a period of not less than two years.
Provisions consequential on reduction of an area of supply.
44.—Whenever the Board, by an alteration made under this Act of the area of supply of an authorised undertaker, reduces such area (whether the Board does or does not at the same or any other time in other respects extend such area) the following provisions shall have effect, that is to say:—
(a) all wires, transformers, poles, and other fixed machinery and apparatus for the transmission or distribution of electricity which at the date of the coming into operation of the order effecting the alteration of the area of supply are the property of such authorised undertaker and situate in the area (hereinafter called the severed area) taken from such area of supply by such order and all meters, stoves, lamps, wires, connections, and other electrical apparatus which on the said date are the property of such authorised undertaker and are hired to or fixed on the premises of consumers in the severed area shall on the said date vest in and become the property of the Board,
(b) the Board shall within three months after the said date pay to such authorised undertaker the fair value as of the said date of all property of such authorised undertaker which under the foregoing paragraph becomes the property of the Board, such value, in default of agreement, to be fixed by an arbitrator appointed by the Minister,
(c) if the Board becomes itself the authorised undertaker in the severed area, the Board may utilise all such property as aforesaid in such way as it thinks proper,
(d) if some person other than the Board becomes within three months after the said date the authorised undertaker in the severed area, such person shall purchase all such property as aforesaid from the Board for the fair value thereof on the said date and such value shall, so far as not fixed already by an arbitrator under this Act, be fixed, in default of agreement, by an arbitrator appointed by the Minister,
(e) the defrayal of expenses necessarily and properly incurred by such authorised undertaker in providing for the maintenance of the supply of electricity in the part of his area of supply which remains after the severance therefrom of the severed area shall be a purpose for which such authorised undertaker may borrow under this Act.
Compulsory acquisition of land, etc., by the Board.
45.—(1) If and whenever the Board thinks proper to acquire compulsorily any land or to acquire or use compulsorily any easement or other right over land or any right of impounding, diverting, or abstracting water for the purpose of the exercise of any of the powers or the performance of any of the duties or functions conferred or imposed on it by this Act, the Board may by special order declare its intention so to acquire such land or so to acquire or use such right, and every such special order shall operate to confer on the Board full power to acquire compulsorily the land or to acquire or use compulsorily the right mentioned therein under and in accordance with this section.
(2) The Board shall not make a special order under this section in relation to the compulsory acquisition of a right of impounding, diverting, or abstracting water without previous consultation with the Minister for Fisheries.
(3) The Board shall not make a special order under this section in relation to the compulsory acquisition of a right of impounding, diverting, or abstracting water in or from any canal without previous consultation with the Minister.
(4) Before making a special order under this section, the Board—
(a) shall deposit and keep open for inspection in its principal office or some other suitable place such plans, specifications, and other documents as will show fully and clearly the land or right intended to be acquired or used by virtue of the order, and
(b) shall give notice, in such manner as it may consider best adapted for informing persons likely to be affected by the order, of its intention to consider the making thereof and of the manner in which representations and objections in respect of the order may be made, and
(c) shall, if it considers it expedient so to do, cause a public inquiry to be held in regard to the making of the order.
(5) A special order made under this section may incorporate—
(a) the Acquisition of Land (Assessment of Compensation) Act, 1919, with the modification that the expression “public authority” shall include the Board, and
(b) the Lands Clauses Acts so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919.
(6) Nothing in this section shall authorise the Board to acquire use, or otherwise interfere with compulsorily under this section any land or water or any easement or other right over land which at the date of the first publication of notice of the intention of the Board to consider the making of a special order in that behalf belongs to a gas or water undertaker and is used or authorised to be used by such undertaker for the purpose of his undertaking.
Disposal of surplus land, etc., by the Board.
46.—The Board may at any time dispose in such manner as it thinks proper of any land or any easements or other rights in respect of land or water or any works, buildings, or other property acquired or constructed by it under this Act which appears to the Board to be no longer required by it for the performance of its duties or the exercise of its functions under this Act.
Compulsory acquisition of land, etc., by authorised undertaker.
47.—(1) The Board if it thinks proper so to do may by special order empower any authorised undertaker to acquire compulsorily any land or to acquire or use compulsorily any easement, or other right over any land, or any right of impounding, diverting, or abstracting water, which may be necessary or convenient for the establishment or extension of a generating station, the development of water-power for the generation of electricity, the transformation, transmission, or distribution of electricity, or the construction of any works authorised by the Board, and any such order may empower the authorised undertaker to exercise the powers aforesaid either within or outside the area of supply of the authorised undertaker, and in the case of an authorised undertaker which is a local authority either within or outside their district.
(2) A special order under this section authorising the compulsory acquisition of a right of impounding, diverting, or abstracting water shall not be made by the Board without previous consultation with the Minister for Fisheries.
(3) A special order under this section authorising the compulsory acquisition of a right of impounding, diverting, or abstracting water in or from any canal shall not be made by the Board without previous consultation with the Minister.
(4) Before a special order is made under this section the authorised undertaker shall deposit with the Board such plans, specifications, and other documents as shall be required by the Board and after the deposit of such documents the Board shall give notice, in such manner as it may consider best adapted for informing persons likely to be affected by the order, of its intention to consider the making thereof and of the manner in which representations and objections in respect of the order may be made, and shall, if it shall consider it expedient so to do, cause a public inquiry to be held in regard to any matter relating to the making of such order.
(5) A special order made under this section may incorporate—
(a) the Acquisition of Land (Assessment of Compensation) Act, 1919, with the modification that the expression “public authority” shall include the authorised undertaker to whom the order relates, and
(b) the Lands Clauses Acts so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919.
(6) No special order shall be made under this section—
(a) in respect of any matter which the Board is of opinion, as a result of representations made to it or the report of the person holding a public inquiry, or otherwise, is of such a character or magnitude that it ought not to be proceeded with, or
(b) authorising the compulsory acquisition or use of, or interference with, any land or water or any easement or other right over land which at the date of the first publication of notice of the intention of the Board to consider the making of the order belongs to a gas or water undertaker and is used or authorised to be used by such undertaker for the purpose of his undertaking.
Disposal of surplus land, etc.
48.—Any authorised undertaker may, with the consent of the Board, dispose of any land, works, or other property, which may appear to him to be no longer required for the purposes of his undertaking, subject, as respects any land which is subject to any right of pre-emption, to that right.
Sale and hire of electrical apparatus.
49.—(1) The Board may manufacture and the Board and also any authorised undertaker with the consent of the Board may provide, sell, or let on hire any electric lines, fittings, apparatus, and appliances for lighting, heating, motive power or any other purpose for which electricity can or may be used and may connect, repair, maintain, and remove any lines, fittings, apparatus, and appliances so provided, sold, or let on hire, and may in respect of such lines, fittings, apparatus, and appliances demand and take such remuneration or rents and charges and make such terms and conditions as may be agreed upon.
(2) In the exercise of its powers under the foregoing sub-section the Board shall have regard to the desirability of taking measures to ensure the promotion and extension of the manufacture in Saorstát Eireann of electric lines, fittings, apparatus and appliances.
(3) All charges made by the Board or by an authorised undertaker for the sale or letting on hire of electric lines, fittings, apparatus or appliances shall be fixed at such rates that the revenue derived by the Board or by such authorised undertaker (as the case may be) from such sale and such letting on hire shall not be less than the expenditure incurred in or about such sale and letting on hire including the cost of providing or (in the case of the Board) manufacturing such electric lines, fittings, apparatus or appliances.
(4) The Board shall keep separate accounts in relation to moneys received and expended by it in or in connection with the manufacture, provision, sale, and letting on hire of electric lines, fittings, apparatus and appliances.
(5) Neither the Board nor any authorised undertaker shall attach to the supply of electricity any condition involving the provision by or purchase or hire from the Board or from such authorised undertaker of any electric lines, fittings, apparatus, or appliances, nor give any preference direct or indirect to any consumer on condition of such provision by or purchase or hire from the Board or from such authorised undertaker.
(6) All electric lines, fittings, apparatus, and appliances provided or let on hire by or on behalf of an authorised undertaker on a consumer's premises either before or after the passing of this Act, and also all lands, buildings and works held by an authorised undertaker in connection with his undertaking shall be deemed to form part of the undertaking authorised by the special Act or order relating to such authorised undertaker.
(7) For the purposes of this section, electric lines, fittings, apparatus, and appliances disposed of by the Board or by an authorised undertaker on terms of payment by instalments shall until the whole of the instalments have been paid, be deemed to be electric lines, fittings, apparatus, or appliances (as the case may be) let on hire by the Board or the undertaker and shall not be subject to distress or to the landlord's remedy for rent of the premises where the same may be nor to be taken in execution under any process of a court of law or equity or any proceedings in bankruptcy against the person in whose possession the same may be.
(8) Nothing in this section shall affect the amount of the assessment for rating of any premises upon which any electric lines, fittings, apparatus, or appliances are or shall be fixed.
Shops and showrooms.
50.—The Board and also any authorised undertaker who is authorised under this Act to provide, sell, or let on hire electric lines, fittings, apparatus, and appliances may, subject in the case of an authorised undertaker to the consent of the Board, maintain shops and showrooms for the display, sale and hire of such lines, fittings, apparatus and appliances and conduct displays, exhibitions, and demonstrations of such lines, fittings, apparatus and appliances, and generally do all things (including advertising) incidental to the provision, sale, and letting on hire of such lines, fittings, apparatus, and appliances and the promotion and encouragement of, in the case of the Board, the use generally of such lines, fittings, apparatus and appliances and, in the case of an authorised undertaker, the use of such lines, fittings, apparatus, and appliances in the area of supply of such authorised undertaker.
Breaking-up of streets, etc.
51.—(1) The Board may whenever it thinks proper lay lines for the transmission and lines for the distribution of electricity along, across, or under any street, road, railway, or tramway and may for that or any incidental purpose or for any other purpose arising in the course of the exercise or performance of any power or duty conferred or imposed on it by this Act or any order or regulation made thereunder break up any street, road, railway, or tramway.
(2) The Board may by order confer on any authorised undertaker power, either generally or for any particular purpose or on any particular occasion and with and subject to such (if any) restrictions and conditions as the Board thinks proper, to lay electric lines along, across, or under any street, road, railway, or tramway whether within or outside the area of supply of such authorised undertaker, and for that or any incidental purpose to break up such street, road, railway, or tramway.
Exercise of power to break up roads, etc.
52.—(1) The Board shall not break up any road without previous consultation with the local authority in whose district such road is situate and shall not break up any railway or tramway without previous consultation with the Minister.
(2) No order authorising an authorised undertaker to break up any road shall be made by the Board under this Act without previous consultation with the local authority in whose district such road is situate, and no order authorising an authorised undertaker to break up any railway or tramway shall be made by the Board under this Act without previous consultation with the Minister.
Way-leaves across land.
53.—(1) The Board and also any authorised undertaker may, subject to the provisions of this section, and of regulations made by the Board under this Act place any electric line above or below ground across any land not being a street, road, railway, or tramway.
(2) The Board and also any authorised undertaker may attach to any wall, house, or other building any bracket or other fixture required for the carrying or support of an electric line or any electrical apparatus.
(3) Before placing an electric line across any land or attaching any fixture to any building under this section the Board or the authorised undertaker (as the case may be) shall serve on the owner and on the occupier of such land or building a notice in writing stating its or his intention so to place the line or attach the fixture (as the case may be) and giving a description of the nature of the line or fixture and of the position and manner in which it is intended to be placed or attached.
(4) If within fourteen days after the service of such notice the owner and the occupier of such land or building give their consent to the placing of such line or the attaching of such fixture (as the case may be) in accordance with such notice either unconditionally or with conditions acceptable to the Board, or to the authorised undertaker and approved by the Board (as the case may require), the Board or the authorised undertaker may proceed to place such line across such land or to attach such fixture to such building in the position and manner stated in such notice.
(5) If the owner or occupier of such land or building fails within the fourteen days aforesaid to give his consent in accordance with the foregoing sub-section the Board or the authorised undertaker with the consent of the Board but not otherwise may place such line across such land or attach such fixture to such building in the position and manner stated in the said notice.
(6) Where any authorised undertaker has under any terminable agreement or arrangement, whether made before or after the passing of this Act, placed any electric line across any land or attached any such fixture as aforesaid to any such building as aforesaid, such authorised undertaker may notwithstanding the termination of such agreement or arrangement but subject to the provisions of this section, retain the line across the land or the fixture attached to the building in the same position, on the same terms, and subject to the same conditions as during the continuance of the said agreement or arrangement.
(7) The owner or the occupier of any land or building across or on which an electric line or a fixture is or might be retained under this section after the termination of an agreement or arrangement may by notice in writing served on the authorised undertaker within two months before or at any time after such termination object to the retention of such line or fixture across or on such land or building and thereupon it shall not be lawful for the authorised undertaker to retain such line across such land or such fixture on such building without the consent of the Board.
(8) Where under this section the consent of the Board is required to the placing or retention of an electric line across any land or of a fixture on a building the Board may, if, after giving all parties concerned an opportunity of being heard, it thinks it just, give its consent either unconditionally or subject to such terms, conditions, and stipulations as it thinks just, and in deciding whether to give or withhold its consent or to impose any terms, conditions or stipulations (including the placing of any portion of the line underground) the Board shall, among other considerations, have regard to the effect, if any, on the amenities or value of the land or building of the placing of the line or the attaching of the fixture in the position and manner proposed.
(9) Where the Board or an authorised undertaker is authorised by or under this section to place or retain any electric line across any land or to attach or retain any fixture on any building the Board or such authorised undertaker (as the case may be) may at any time enter on such land or building for the purpose of placing, repairing, or altering such line or such fixture or any line or apparatus supported by such fixture.
Way-leaves across railways, etc.
54.—No authorised undertaker may place any electric line across or along or either over or under any railway, canal, inland navigation, dock, or harbour save subject to the provisions of the regulations made by the Board under this Act.
Cables across rivers, etc.
55.—The Board shall not without previous consultation with the Minister place or authorise any authorised undertaker to place any electric cable across any navigable river or navigable waterway, whether such cable is placed above or below water or under the ground.
Supply of electricity in bulk by the Board.
56.—(1) Whenever the Board offers to an authorised undertaker or a statutory undertaker a supply of electricity in bulk to be supplied by the Board or by another person at a rate of charge (including provision for any expenses necessarily incurred by such undertaker in taking such supply in bulk) which is equal to or less than the cost of generation by such undertaker, such undertaker shall take such supply in bulk upon such terms and conditions as shall be determined by agreement or in default of agreement by the Board.
(2) An undertaker who takes a supply of electricity in bulk under this section shall not be required to construct outside his area of supply any works for the purpose of such supply as aforesaid, but such an undertaker if so requested by the Board and if he consents to do so may construct outside his area of supply any such works as aforesaid.
(3) If any dispute arises between any undertaker and the Board as to whether the cost of generation of electricity in the generating station of such undertaker is or is not greater than the rate of charge (including provision for any expenses necessarily incurred by such undertaker in taking such supply in bulk) at which a supply of electricity in bulk is offered under this section to such undertaker, such dispute shall be determined by an arbitrator appointed by the Minister and the decision of such arbitrator shall be final.
(4) In this section the expression “cost of generation” means all costs incurred by an undertaker which having regard to the items of cost included in the comparative rate of charge for a supply of electricity in bulk ought properly to be allocated to those parts of his undertaking engaged in the production of electricity including (in the case of an undertaker who brings electricity from the generating station of such undertaker to a central station for distribution therefrom to consumers) the costs (if any) incurred by such undertaker in bringing such electricity to such central station but not in any case including any capital charges which remain to be borne by an undertaker after taking a supply of electricity in bulk under the foregoing provisions of this section.
Purchase and resale of electricity by the Board.
57.—(1) The Board may purchase electricity in bulk from any authorised undertaker or any other person and may re-sell such electricity either in bulk to any authorised undertaker or by distribution to individual consumers.
(2) Any authorised undertaker or statutory undertaker may sell electricity in bulk to the Board or purchase electricity in bulk from the Board.
Particular use by the Board of Shannon transmission system.
58.—The Board may, for the purpose of the transmission of electricity purchased and resold by the Board, utilize all or any of the lines for the transmission of electricity, transformer stations, and other apparatus of the transmission system of the Shannon works for the time being handed over to it by the Minister.
Scales of methods and rates of charge.
59.—(1) The Board may make scales fixing the methods of charge and the rates of charge for electricity (whether supplied in bulk or otherwise) by the Board and by authorised undertakers and permitted undertakers respectively and may at any time and from time to time as the Board thinks fit revise or revoke the scales so made or any part thereof or any particular item therein.
(2) The Board in making scales fixing the methods of charge and rates of charge for electricity supplied to consumers in a district served by a transformer station which is co-terminous with or includes an area which was previously the area of supply of an authorised undertaker whose undertaking has been acquired by the Board under this Act shall not include any charge in respect of liabilities assumed or payments made by the Board in consequence of the acquisition by the Board under this Act of an undertaking in a district served by any other transformer station.
(3) Before making, revising or revoking any scale fixing the methods of charge and the rates of charge for electricity by any authorised undertaker or any permitted undertaker the Board shall send by post to such authorised undertaker or such permitted undertaker notice in writing signifying its intention so to do, and the Board shall not make, revise or revoke any such scale as aforesaid until the expiration of a period of one month from the date of such notice.
(4) Every authorised undertaker or permitted undertaker upon receipt by him of a notice under this section signifying the intention of the Board to make a scale fixing the methods of charge and the rates of charge for electricity by such authorised undertaker or such permitted undertaker or signifying the intention of the Board to revise or revoke any such scale may (where such notice relates to the making of any such scale as aforesaid) not later than one month from the date of such notice, submit to the Board a scale of methods of charge and rates of charge for electricity by such authorised undertaker or such permitted undertaker and may (where such notice relates to the revision or revocation of any such scale as aforesaid) not later than one month from the date of such notice, submit to the Board such revision or revocation of the scale to which such notice relates or of any part thereof or of any particular item therein as such authorised undertaker or such permitted undertaker thinks fit, and the Board shall consider every scale of methods of charge and rates of charge for electricity and every revision or revocation of any such scale or of any part thereof or of any particular item therein submitted to the Board under this section.
(5) Any scale fixing the methods of charge or the rates of charge for electricity made under this section may relate to the supply of electricity in bulk for resale and distribution or to the supply of electricity direct to consumers or to both such forms of supply, and any such scale may apply to the whole of Saorstát Eireann or to any specified part thereof or to any one or more areas of supply or to any one or more transmission systems or any one or more parts thereof or to any one or more classes of consumers.
(6) Every scale made by the Board fixing the methods of charge and the rates of charge for electricity by a local authority which is an authorised undertaker shall be made and from time to time revised by the Board so that, as far as is reasonably practicable, no contribution from any rate made by such local authority will be required for the purpose of defraying any expenses which such local authority may incur whether under this Act or otherwise in respect of the authorised undertaking of such local authority.
(7) The Board shall not make any scale fixing the methods of charge and the rates of charge for electricity by a local authority which is an authorised undertaker whereby the charge for electricity used by such local authority for lighting purposes shall be fixed at a rate which is higher than the rate fixed for consumers using electricity for lighting purposes and for the like hours of supply.
(8) So long as any such scale as aforesaid is in force it shall not be lawful for any authorised undertaker or any permitted undertaker to whom such scale applies to give any supply of electricity to which such scale applies at any other price than the price fixed by such scale, and every authorised undertaker or permitted undertaker who gives any supply of electricity in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for every day during which such supply is so given.
(9) Notwithstanding anything contained in this section, any authorised undertaker who has contracted before the thirty-first day of March, 1927, or shall contract with the consent of the Board after the passing of this Act to give a supply of electricity at a price fixed by or under the contract may, so long as such contract continues binding on him, perform his obligations under such contract.
Objection to scale of charges.
60.—Whenever the Board fixes a scale of methods of charge and rates of charge for electricity any authorised undertaker to whom such scale applies may if the charges to be borne by consumers under such scale are less than the charges borne by such consumers in respect of the same services before such scale is fixed by the Board serve on the Board a notice in writing of his objection to work his undertaking under such scale, and thereupon the Board shall by order do one or other of the following things as such undertaker may require or in the absence of such requisition as the Board thinks proper, that is to say, either acquire the undertaking of such undertaker or take control of such undertaking for a period of not less than two years.
Closing of generating stations.
61.—(1) Whenever—
(a) it appears to the Board that it is expedient that any generating station should wholly or in part cease to be used as a generating station, and
(b) a sufficient supply of electricity is available to the person owning such generating station and such person can be compelled under this Act to take such supply,
the Board may by order require such person within such time as the Board shall specify in such order (not being less than three months from the date thereof) to cease to use such generating station as a generating station either wholly or to such lesser extent as is specified in such order and shall under the powers conferred on it by this Act compel such person to take the supply of electricity so available as aforesaid.
(2) Whenever a person is required by an order under this section to cease in part only and not wholly to use a generating station as a generating station the subsequent provisions of this section and the provisions of the First Schedule to this Act shall apply with the modification that references to the cesser to use a generating station as a generating station shall be construed as including such partial cesser as is required by such order.
(3) When an authorised undertaker or a statutory undertaker in pursuance of an order made under this section ceases to use a generating station as a generating station, such authorised undertaker or such statutory undertaker (as the case may be)—
(a) may, with the consent of the Board, and shall, if so required by the Board, maintain such generating station or any part thereof for the purposes of the Board and at the expense of the Board which expense shall be taken into consideration in fixing the rates of charge for electricity for all areas for the benefit of which such generating station is maintained, and
(b) may, with the consent of the Board, do all or any of the following things, that is to say:—
(i) sell any machinery or plant theretofore used in such generating station,
(ii) sell such generating station or any part thereof,
(iii) utilise such generating station, with or without all or any of the plant theretofore used therein, in such manner as such undertaker thinks proper.
(4) Whenever an authorised undertaker or a statutory undertaker sells any generating station or any machinery or plant under this section the proceeds of such sale shall be applied in accordance with the Acts or Orders regulating the undertaking or, if such Acts or Orders do not contain provisions applicable to the case, in such manner as shall be approved, in the case of an authorised undertaker or a statutory undertaker who is a local authority, by the Minister for Local Government and Public Health after consultation with the Board or, in the case of any other authorised undertaker or statutory undertaker, by the Minister after consultation with the Board.
(5) Whenever an authorised undertaker or a statutory undertaker in pursuance of an order made under this section ceases to use a generating station as a generating station, the First Schedule to this Act shall on such cesser apply to every person who at the date of such order was employed in such generating station by such authorised undertaker or such statutory undertaker (as the case may be).
(6) In this section and in the First Schedule to this Act the expression “authorised undertaker” includes a permitted undertaker.
Establishment and extension of generating stations, etc.
62.—Notwithstanding anything contained in any special Act or any provisional or other order in force at the passing of this Act, it shall not be lawful for any authorised undertaker without the consent of the Minister before the constitution of the Board and after the constitution of the Board without the consent of the Board to establish a new or extend an existing generating station or transmission system or distribution system.
Making of contracts by the Board for authorised undertakers.
63.—(1) The Board may after consultation with an authorised undertaker make contracts for the execution of works for or on behalf of such authorised undertaker, and the Board may after consultation with an authorised undertaker prepare plans, maps, and specifications in relation to any works to be executed by such authorised undertaker and supervise the execution of such works.
(2) The Board may by agreement with an authorised undertaker make contracts for the sale of electricity by such authorised undertaker and may by agreement with an authorised undertaker, and if so requested by such authorised undertaker, shall supervise the making of contracts for the sale of electricity by and on behalf of such authorised undertaker and the execution of contracts so made.
(3) For the purpose of effecting economy in the execution of any works (including the supply of materials therefor) the subject of a contract made by the Board for and on behalf of any authorised undertaker or in the construction of works (including the supply of materials therefor) being or to be supervised by the Board under this section the Board may form or cause to be formed such a combination of authorised undertakers as the Board may consider necessary or expedient.
(4) An authorised undertaker shall not incur any expenditure in respect of the construction, reconstruction, extension, equipment, or re-equipment of any works used by such authorised undertaker as part of or in connection with his undertaking save in accordance with such plans and specifications as are approved for the purpose by the Board.
(5) Whenever any such expenditure as is mentioned in the foregoing sub-section is incurred by an authorised undertaker after the passing of this Act and the construction, reconstruction, extension, equipment, or re-equipment in respect of which such expenditure is so incurred is executed on plans or specifications which have not been approved by the Board or otherwise than in accordance with plans and specifications so approved and the undertaking of such authorised undertaker is acquired by the Board under this Act, such expenditure or such amount thereof as remains undischarged at the date of such acquisition shall not, without the consent of the Board, be taken over by the Board as a liability of such undertaking.
Amendment of frequency.
64.—(1) The Board may require any one or more authorised undertakers to amend or alter the type of current, frequency, or pressure employed by them in their undertakings.
(2) The defrayal of expenses necessarily and properly incurred by an authorised undertaker in complying with a requisition by the Board under this section shall be a purpose for which such authorised undertaker may borrow under this Act.
Purchase, etc., of undertakings by authorised undertaker.
65.—Any authorised undertaker may by agreement and with the consent of the Board purchase, take on lease, or acquire the right to use the whole or any part of the undertaking of any person (other than the Board) engaged in the generation, supply, or distribution of electricity and such person (whether an individual, a local authority, company, or other body corporate or unincorporate) may with the consent aforesaid sell, lease, or grant the right to use the whole or any part of his undertaking to the authorised undertaker aforesaid.
Working of by-products.
66.—An authorised undertaker may, with the consent of the Board, erect, maintain, alter, improve, and renew by-product plant with all necessary machinery and apparatus, and do all such acts as may be proper for working up and converting the residual products arising directly or indirectly from the generation of electricity.
Constitution of joint committees.
67.—(1) Where it appears to the Board that the joint exercise by two or more authorised undertakers of their powers would be expedient, the Board may by special order make such provisions as appear to it to be necessary or expedient, by the constitution of a joint committee or joint board or otherwise, for the joint exercise by such authorised undertakers of all or any of their powers under this Act or any order thereunder in any area comprising the whole or any part or parts of the respective areas of supply of such authorised undertakers.
(2) Any order made under this section may contain such provisions as may appear to the Board to be necessary or proper for adapting any of the provisions of this Act or any order made thereunder to the circumstances of any joint committee or joint board constituted by such order.
Mutual assistance.
68.—(1) Any two or more authorised undertakers may, with the approval of the Board, and if so required by the Board shall, enter into and carry into effect arrangements for the mutual assistance of the one by the other with regard to all or any of the following matters, that is to say:—
(a) the giving and taking of a supply of electricity and the distribution and, supply of the electricity so taken,
(b) the management and working of the generating stations or other parts of the several undertakings of the authorised undertakers who are parties to the arrangement,
(c) the provision of capital required for carrying into effect, and the appropriation and division of receipts arising under, any such arrangement,
(d) any matters or things incidental to or connected with any of the matters aforesaid.
(2) Any arrangement made under this section shall be made on such terms and conditions as may be agreed between the parties thereto with the approval of the Board, or, if the arrangement is made in pursuance of a requirement by the Board, on such terms and conditions as in default of agreement shall be settled by the Board.
(3) Unless the Board determines that such arrangement is necessary in the interest of the general supply of electricity in the district, the Board shall not require an authorised undertaker to enter into an arrangement under this section for taking a supply of electricity from some other specified authorised undertaker if it is proved to the satisfaction of the Board that, having regard to all the circumstances of the case, including the duration of the period during which the supply is to be taken and the estimated financial results likely to be obtained during that period, the authorised undertaker would if he obtained a supply of electricity from some other source be in a position to give a supply of electricity adequate in quantity and regularity to meet the present and prospective demands of his consumers at a cost less than that at which he could give such a supply if he obtained the supply from that specified undertaker.
(4) Where an arrangement has been duly made under this section, any authorised undertaker who is a party thereto may be authorised by the Board by order to exercise such powers (including the power to break up roads, railways, and tramways) as may be necessary for the purpose of carrying the arrangement into effect.
(5) The provision of capital required for giving effect to an arrangement made under this section and the payment of interest on such capital whilst the expenditure remains unremunerative shall be purposes for which a local authority which is an authorised undertaker may borrow under this Act.
(6) The Board may by order—
(a) authorise any authorised undertaker to supply electricity in bulk to any person either within or outside the area of supply of such authorised undertaker and whether such person is or is not himself an authorised undertaker.
(b) provide for any such supply as aforesaid being compulsory, and
(c) make such provisions as appear to the Board to be necessary for adapting this Act to the giving of such supply in bulk.
Supply of electricity to premises outside area of supply.
69.—(1) Where the occupier of any premises is desirous of obtaining a supply of electricity to those premises from an authorised undertaker in whose area of supply those premises are not situate, the Board may (subject to the provisions of this section) permit such authorised undertaker to supply electricity to those premises upon such terms and subject to such conditions as the Board shall think fit to prescribe.
(2) No permission shall be given by the Board under this section without previous consultation with the local authority in whose district the said premises are situate and with the authorised undertaker (if any) in whose area of supply the said premises are situate.
Divestiture of powers and obligations.
70.—(1) An authorised undertaker may, with the consent of the Board divest himself of any power, right or obligation conferred or imposed on him by this Act or by any special Act or by any order made under this Act or any Act repealed by this Act.
(2) Save as authorised by the foregoing sub-section, an authorised undertaker shall not divest himself, by transfer or otherwise, of any such power, right, or obligation as is mentioned in the said sub-section.
PART III.
Local Authorities.
Expenses of local authorities.
71.—(1) Any expenses incurred under this Act by a local authority which is an authorised undertaker and not otherwise provided for may, with the consent of the Board given after consultation with the Minister for Local Government and Public Health, be defrayed—
(a) in the case of an urban sanitary authority out of the rate applicable to the general purposes of the Public Health (Ireland) Acts or any other fund or rate applicable to lighting under any Local Act, and
(b) in the case of a rural district council, board of public health, or board of health and public assistance as special expenses under the Public Health (Ireland) Act, 1878 and shall be deemed to be special expenses within the meaning of section 232 of the said Act.
(2) Every sum advanced under this Act to a local authority by the Board out of the funds at its disposal shall be advanced on the credit of the fund or rate out of which such local authority is authorised to defray expenses incurred under this Act, and for the purpose of securing the repayment of any such sum and the interest payable thereon such local authority may mortgage to the Board the said fund or rate.
(3) Every sum advanced under this Act to a local authority by the Board shall be repaid to the Board within the time and in the manner prescribed by regulations made under this Act by the Board after consultation with the Minister for Local Government and Public Health.
Power to local authorities to borrow for the purposes of this Act.
72.—In addition to the power conferred on the Board by this Act to make advances to local authorities it shall be lawful for a local authority to borrow for the purposes of this Act subject to the provisions and restrictions contained in sections 237 and 238 and sections 240 to 243 (both inclusive) of the Public Health (Ireland) Act, 1878.
Power to suspend annual provision for repayment of borrowed moneys.
73.—(1) Notwithstanding anything to the contrary contained in any Act, whether public general or local and personal, it shall be lawful with the approval of the Board for a local authority which is an authorised undertaker to suspend (subject to the limitations imposed by this section) the annual provision required by law to be made for the repayment of moneys borrowed under this Act.
(2) The suspension under this section of the annual provision aforesaid shall be made for such period and subject to such conditions as the Board shall determine but shall not in any case extend beyond the period during which the expenditure out of the moneys borrowed as aforesaid remains unremunerative.
Audit of Accounts.
74.—A local authority which is an authorised undertaker shall keep separate accounts in relation to its authorised undertaking and the separate accounts so kept shall be deemed to be accounts of such local authority and shall be audited in like manner as the accounts of such local authority and the enactments and orders relating to the audit of the accounts of such local authority and to the powers of the auditor thereof shall apply to such separate accounts in like manner as those enactments and orders apply to the audit and the auditor of the accounts of such local authority.
Contracts for execution of works, etc,
75.—Any local authority which is an authorised undertaker may (subject to the provisions of this Act which relate to expenditure incurred by an authorised undertaker in respect of the construction, reconstruction, extension, equipment, or re-equipment of any works used as part of or in connexion with his undertaking) contract with any person for the execution and maintenance of any works needed for the supply by such local authority of electricity in accordance with the order or special Act by which such supply is authorised.
Expenses of carrying out agreements.
76.—Where a local authority which is an authorised undertaker enters into an agreement or arrangement authorised by or under this Act with any other authorised undertaker or any other person, any expenses incurred by such local authority in carrying such agreement or arrangement into effect shall be deemed to be expenses incurred by them under this Act, and any moneys received by such local authority under such agreement or arrangement shall be deemed to be moneys received by such local authority in respect of their authorised undertaking.
Payment by local authorities of expenses of certain alterations.
77.—Whenever a local authority on account or for the purpose of an alteration to a road or bridge—
(a) requires an authorised undertaker to alter the position or depth of underground electrical wires, mains, or other underground electrical works or the position of poles or other structures carrying electrical wires or mains or of other above ground electrical works, or
(b) requires the Board to alter the position or depth of any such underground electrical works or the position of any such above ground electrical works as aforesaid belonging to or under the control of the Board,
the expenses incurred by such authorised undertaker or by the Board (as the case may be) in complying with such requisition shall be paid to such authorised undertaker or to the Board (as the case may require) by such local authority on demand as part of the expenses of the maintenance of such road or bridge, and the amount of such expenses so to be paid to such authorised undertaker shall, in default of agreement, be fixed by the Board, and the amount of such expenses so to be paid to the Board shall, in default of agreement, be fixed by an arbitrator appointed by the Minister.
Application to borrowing under this Act of the Public Health (Ireland) Acts, 1878 to 1919.
78.—(1) Whenever a local authority which is an authorised undertaker borrows under this Act any sum from the Board for any purpose the purpose for which such sum is so borrowed shall be deemed to be a purpose for which such local authority may borrow under the Public Health (Ireland) Acts, 1878 to 1919, and the said Acts shall apply to such borrowing in like manner as they apply to any borrowing thereunder by a local authority with the modification that the sanction required by the said Acts for any borrowing thereunder by a local authority shall for the purposes of the borrowing under this Act of any sum from the Board by a local authority which is an authorised undertaker be the sanction of the Board.
(2) Any sum borrowed under this Act by a local authority which is an authorised undertaker shall not be reckoned as part of the total debt of such local authority for the purpose of any limitation on borrowing imposed by the Public Health (Ireland) Acts, 1878 to 1919.
Public safety regulations.
79.—(1) Any local authority within whose district any person is authorised under any order or special Act to supply electricity may make in respect of the supply of such electricity such regulations for securing the safety of the public as such local authority thinks proper and may by such regulations impose penalties for the breach of such regulations and authorise the recovery of such penalties by summary proceedings.
(2) Regulations made under this section shall be in addition to any regulations made by the Board and shall not revoke, amend, or prejudice any such last-mentioned regulations.
(3) No regulations made by a local authority under this section shall have any force or effect unless or until they have been confirmed by the Board and have been published in such manner as the Board may direct.
Allocation of surplus funds.
80.—Whenever a local authority which is an authorised undertaker has in its hands at the end of any local financial year any surplus funds arising from the authorised undertaking after discharge of all liabilities in relation to such undertaking, such authorised undertaker shall not allocate or apply such surplus funds to any purpose save a purpose approved in that behalf by the Board.
Provision of fund as working capital.
81.—A local authority which is an authorised undertaker may provide a fund as working capital and may with the approval of the Board raise loans for the purpose of providing such fund or may with such approval allocate for such purpose any surplus funds arising from the authorised undertaking after discharge of all current liabilities in relation to such undertaking.
PART IV.
Amendments of the Shannon Electricity Act, 1925.
Provision of alternative accommodation.
82.—(1) Whenever the Minister compulsorily acquires permanently any land under the powers in that behalf conferred on him by the Shannon Electricity Act, 1925 (No. 26 of 1925), the Minister may, if the person who was the occupier of such land immediately before such acquisition so agrees, provide for such occupier alternative accommodation in land in lieu and stead of the price or compensation or part thereof payable by the Minister to such occupier under the said Act.
(2) The acquisition of land by the Minister for the purpose of providing alternative accommodation under this section shall, for the purposes of sub-section (1) of section 4 of the Shannon Electricity Act, 1925 be deemed to be authorised by that Act and accordingly land may be acquired for that purpose by the Minister under the said section 4 and land so acquired shall be deemed to be acquired under the said Act and the said Act shall apply accordingly.
(3) Whenever the Minister provides alternative accommodation under this section for an occupier of land such alternative accommodation shall be vested in such occupier subject to the trusts, charges, liabilities, and encumbrances to which the land compulsorily acquired from such occupier was subject immediately before its acquisition by the Minister.
(4) For the purpose of the application of this section to the provision of alternative accommodation in the case of land held by a local authority for the purposes of the Labourers (Ireland) Acts, 1883 to 1919, which is compulsorily acquired permanently by the Minister under the powers in that behalf conferred on him by the Shannon Electricity Act, 1925, such local authority shall be deemed to be the occupier of such land, and the Minister may erect on the land provided as alternative accommodation for such local authority under this section cottages similar so far as may be practicable in structure and in all other respects to the cottages erected on the land held by such local authority for the purposes aforesaid and so compulsorily acquired as aforesaid by the Minister, and the Labourers (Ireland) Acts, 1883 to 1919, shall apply to the land so provided as alternative accommodation under this section in like manner in all respects as they applied to the land so compulsorily acquired by the Minister immediately before such acquisition.
Acquisition of land for erection of barracks.
83.—(1) The Minister may compulsorily acquire any land permanently for the purpose of erecting thereon or of using the same as barracks for the accommodation of members of the Defence Forces of Saorstát Eireann or of the Gárda Síochána engaged in the defence or protection of the Shannon works.
(2) The acquisition of any land by the Minister for the purposes aforesaid shall, for the purposes of sub-section (1) of section 4 of the Shannon Electricity Act, 1925 (No. 26 of 1925) be deemed to be authorised by that Act, and accordingly land may be acquired for the said purposes by the Minister under the said section 4, and any land so acquired shall be deemed to be acquired under the said Act and the said Act shall apply accordingly.
Vesting of pillars, poles, etc., in Minister.
84.—(1) No pillar, pole, stand, or other structure erected by the Minister under the provisions of the Shannon Electricity Act, 1925 (No. 26 of 1925) or by a contractor acting under an order of the Minister under that Act on any land not acquired by the Minister under the said Act for the purpose of supporting any wire, transformer, or other machinery for or in relation to the transmission of electricity shall vest in the owner of such land, and every such pillar, pole, stand, or other structure so erected as aforesaid shall be and remain the property of the Minister.
(2) The Minister and also the Board may at all reasonable times enter upon any such land as aforesaid for the purpose of renewing, repairing, or otherwise maintaining any such pillar, pole, stand, or other structure as aforesaid and there do all such matters or things as in the opinion of the Minister or the Board (as the case may be) are necessary for or incidental to such maintenance.
Provisions as to certain lands acquired under the Shannon Electricity Act, 1925.
85.—(1) Whenever the Minister in pursuance of the powers conferred on him by sub-section (2) of section 4 of the Shannon Electricity Act, 1925 (No. 26 of 1925) proposes to acquire permanently and enters upon any holding of tenanted lands to which the Land Act, 1923 (No. 42 of 1923) applies the Minister shall become liable to the Land Commission for the payment in lieu of rent payable in respect of such holding in like manner as if such holding had been assigned to the Minister by the tenant thereof on the day of the Minister's entry thereon.
(2) Whenever the Minister in pursuance of the powers aforesaid proposes to acquire permanently and enters upon part only of a holding of tenanted lands to which the Land Act, 1923 applies the rent, compounded arrears of rent, payment in lieu of rent, and the standard purchase annuity shall be apportioned in such manner as the Land Commission considers expedient, and the several parts of such holding shall be deemed to be separate holdings to which the Land Act, 1923 applies, and in the case of a judicial holding the several proportionate parts of the original judicial rent shall be deemed to be separate judicial rents, and the Minister shall become liable to the Land Commission for so much of the payment in lieu of rent payable in respect of the entire holding as has been apportioned in respect of the part thereof taken by him in like manner as if such part had been assigned to the Minister by the tenant thereof on the day of the Minister's entry thereon.
(3) Whenever the Minister in pursuance of the powers aforesaid proposes to acquire permanently and enters upon any lands which are subject, either alone or in conjunction with other lands, to any annuity payable to the Land Commission he shall become liable for the payment of the annuity or such part thereof as shall be apportioned by the Land Commission in respect of the lands taken by him in like manner as if such lands had been transferred to the Minister by the proprietor thereof on the day of the Minister's entry thereon.
(4) The Minister, if he thinks fit so to do, may purchase from the Land Commission any lands the subject of a holding or part of a holding—
(a) to which the Land Act, 1923 applies, and
(b) the tenant's interest in which has been or is acquired by the Minister whether before or after the passing of this Act in pursuance of the powers in that behalf conferred on him by the Shannon Electricity Act, 1925,
in like manner in all respects as if the Minister were the tenant thereof.
(5) For the purposes of any such purchase as aforesaid the following provisions shall, notwithstanding anything contained in the Shannon Electricity Act, 1925 (No. 26 of 1925), have effect, that is to say:—
(a) the relations existing between the Land Commission and the owner of the lowest interest in such lands constituting an interest saleable under the Land Purchase Acts shall continue,
(b) such lands shall vest in the Land Commission on the appointed day,
(c) the rights of the owner of such lands in respect of the sum equivalent to the amount to be collected as payment in lieu of rent and in respect of the purchase money shall continue.
Exemption from stamp duty.
86.—No stamp duty shall be payable on any conveyance or transfer to the Minister of any lands, premises or other property acquired by him in pursuance of his powers in that behalf under the provisions of the Shannon Electricity Act, 1925 (No. 26 of 1925) or on any contract or agreement for any such conveyance or transfer.
PART V.
Miscellaneous and General.
Number of arbitrators.
87.—Any matter or thing which is by this Act or any order or regulation made thereunder directed to be determined by an arbitrator appointed by the Minister shall be determined by one such arbitrator or such greater number of arbitrators as the Minister shall in regard to each such matter direct, and whenever the Minister directs that any such matter shall be determined by a greater number of arbitrators than one all references in this Act to the appointment of an arbitrator by the Minister or to the arbitrator so appointed shall in relation to such matter be construed as references to such appointment of such number of arbitrators or to such number of arbitrators so appointed.
Appointment of arbitrators by the Minister.
88.—(1) The Minister may after consultation with the Attorney-General appoint a fit and proper person to be an arbitrator to determine any matter which is by this Act or any order or regulation made thereunder directed to be determined by an arbitrator appointed by the Minister.
(2) There shall be paid to every arbitrator appointed under this Act such fee in respect of every arbitration held by him under this Act as shall be determined by the Minister with the approval of the Minister for Finance and such fee shall be paid by such party to such arbitration or by the parties to such arbitration in such proportions as the arbitrator in his award shall determine.
(3) Every arbitrator appointed under this Act shall have power by notice in writing signed by him to summon witnesses and to require the production of books and other documents, and any person so summoned who fails to attend or refuses to give evidence before such arbitrator 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.
(4) All evidence given before an arbitrator appointed under this Act shall be given on oath which oath such arbitrator is hereby empowered to administer, and any person who gives false evidence before any such arbitrator shall be guilty of perjury and punishable accordingly.
(5) An arbitrator appointed under this Act shall have power in his discretion to award to any party to the arbitration his costs and expenses in relation to the arbitration or any part thereof to be paid to him by any other party to such arbitration, and whenever any such arbitrator so awards any such costs or expenses he shall have power to fix the amount of the costs and expenses so awarded.
(6) An arbitrator appointed under this Act shall have power to adjourn the arbitration as he thinks fit and shall also have power to inspect and examine and for that purpose to enter upon any lands and premises the subject of the arbitration or in relation to which the arbitration is held.
Contributions to certain associations.
89.—(1) The Board and also any authorised undertaker with the consent of the Board may contribute such sums as (in the case of the Board) the Board and (in the case of an authorised undertaker) such authorised undertaker thinks fit to any associations of persons engaged in the generation, supply, or distribution of electricity founded for the promotion of their mutual interests and to any societies formed for the promotion and encouragement of the development and use of electricity and for the improvement of knowledge and education in respect of electricity.
(2) The Board and also any authorised undertaker with the consent of the Board may pay the reasonable expenses of the attendance at any conference or meeting of any such association as aforesaid of (in the case of the Board) any member, officer or servant of the Board and (in the case of an authorised undertaker) of any person appointed by such undertaker to be his representative at such conference or meeting.
Stand-by supplies.
90.—(1) Notwithstanding anything in this Act or in any other Act or any order made under any such Act, a person shall not be entitled to demand or continue to receive for the purposes of a stand-by supply only from the Board or an authorised undertaker a supply of electricity for any premises having a separate supply of electricity or a supply (in use or ready for use for the purposes for which the stand-by supply of electricity is required) of gas, steam or other form of energy unless he has agreed with the Board or such authorised undertaker (as the case may be) to pay such minimum annual sum to be determined (in case of any dispute or question) in the manner hereinafter mentioned as will give to the Board or the authorised undertaker (as the case may be) a reasonable return on the capital expenditure incurred in providing such stand-by supply and cover other standing charges incurred in order to meet the possible maximum demand for those premises.
(2) If any dispute or question arises between any person and an authorised undertaker as to the amount of such minimum annual sum as aforesaid such dispute or question shall be determined by the Board and if any such dispute or question arises between any person and the Board such dispute or question shall be determined by the Minister or, if the Minister so thinks fit, by an arbitrator appointed by him.
Use of electric lines, etc., in or across streets or open spaces.
91.—(1) Where in any case previous to the passing of this Act any electric line or other work shall have been constructed in, over, along, across, or under, any street or open space for electrical purposes or shall have been constructed in any other position for such purposes in such a manner as not to be entirely enclosed within any building where any electric line or work so constructed may be used for such purpose, such electric line or work shall be continued and used only in accordance with the regulations prescribed by the Board under this Act for the protection of the public safety and of other electric lines and works lawfully placed in any position.
(2) From and after the passing of this Act it shall not be lawful for any authorised undertaker or other person to commence any such work as is mentioned in the foregoing sub-section without the consent of the Minister before the constitution of the Board and after the constitution of the Board without the consent of the Board.
(3) In case of non-compliance with the provisions of this section, the Board may by notice in writing require the person owning or using or entitled to use such electric line or work to remove the electric line or work.
(4) If any authorised undertaker or other person fails to comply with a notice served upon him by the Board under this section, such authorised undertaker or other person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds and any court of summary jurisdiction on complaint made may make an order directing and authorising the removal of any electric line or work specified in such notice by such person and upon such terms as such court thinks fit.
(5) Where the consent of the Board is obtained to the placing of any electric line above ground the consent of the local authority shall not be required, anything in this or any other Act or in any Provisional Order or special Act relating to the undertaking to the contrary notwithstanding, but the Board before giving its consent shall give the local authority an opportunity of being heard.
Use of electricity supplied to railway company, etc.
92.—Notwithstanding anything contained in any Act or Order, electricity supplied by an authorised undertaker within his district to any company or authority being the owners or lessees of a railway, tramway, dock, harbour, or canal undertaking may be used by the company or authority receiving the supply for the purposes of haulage or traction or for lighting vehicles or vessels used on the railway, tramway, dock, harbour, or canal or any part thereof, or, subject to the consent of the Board for lighting any of the premises thereof.
Prevention of preferential treatment.
93.—Where a supply of electricity is provided in any part of an area for private purposes, then, except in so far as is otherwise provided by the terms of the order or special Act authorising such supply, every person within that part of the area shall, on application, be entitled to a supply on the same terms on which any other person in such part of the area is entitled under similar circumstances to a corresponding supply.
Notice to be given to undertakers before removing.
94.—(1) Twenty-four hours' notice in writing shall be given to the authorised undertaker by every consumer before he quits any premises supplied with electricity by the authorised undertaker, and, in default of such notice, the consumer so quitting shall be liable to pay to the authorised undertaker the money accruing due in respect of such supply up to the next usual period for ascertaining the register of the meter on such premises or the date from which any subsequent occupier of such premises may require the authorised undertaker to supply electrical energy to such premises, whichever shall first occur.
(2) Notice to the effect of this section shall be given to every consumer in one or more of the following ways, that is to say:—
(a) by including such notice in every agreement entered into with a consumer, or
(b) by specially serving such notice on every consumer, or
(c) by endorsing such notice on every demand note for charges for electricity.
Exemption of agreements for the supply of electricity from stamp duty.
95.—Electricity shall be deemed to be goods, wares, or merchandise for the purpose of section fifty-nine of the Stamp Act, 1891 (which makes certain contracts chargeable with stamp duty as conveyances on sale), and also for the purposes of the exemption numbered 3 under the heading “Agreement or any memorandum of an agreement” contained in the First Schedule to that Act.
Exemption of Shannon works from rates.
96.—The Shannon works (including any portion thereof separately handed over to the Board by the Minister under this Act) shall, while in the exclusive possession and control of the Board, be exempt from assessment for poor rate and also from assessment for any other rate made by a local authority.
Power to carry out agreements.
97.—Whenever any authorised undertaker is authorised by or under this Act to enter into an agreement or arrangement with any other authorised undertaker or any other person for any purpose, it shall, subject to the provisions of this Act, be lawful for such authorised undertaker or other person to enter into and carry into effect such agreement or arrangement.
Lopping of trees by the Board or an authorised undertaker.
98.—(1) The Board and also any authorised undertaker may lop or cut any tree, shrub, or hedge which obstructs or interferes with any electric wires of the Board or of such authorised undertaker.
(2) Before lopping or cutting any tree, shrub, or hedge under this section the Board or such authorised undertaker shall give to the occupier of the land or in the case of a road or street to the local authority charged with the maintenance of such road or street on which such tree, shrub, or hedge is standing seven days notice of its or his intention to lop or cut the same and such occupier or such local authority may if he or it (as the case may be) so desires and so informs the Board or such authorised undertaker within such seven days himself or itself carry out such lopping or cutting.
(3) When an occupier of land cuts or lops any tree, shrub, or hedge under this section the expense incurred by him in so doing shall be paid to him on demand by the Board or such authorised undertaker (as the case may be) and the amount of such expenses shall in default of agreement be fixed, if payable by the Board, by an arbitrator appointed by the Minister or, if payable by such authorised undertaker, by the Board.
Power to cut off supply.
99.—If any person neglects to pay any charge for electricity or any other sum due from him to the Board or to an authorised undertaker in respect of the supply of electricity to him, the Board or such authorised undertaker (as the case may be) may cut off such supply, and for that purpose may cut or disconnect any electric line or other work through which electricity may be supplied, and may, until such charge or other sum together with any expenses incurred by the Board or by such authorised undertaker in cutting off such supply of electricity as aforesaid are fully paid, but no longer discontinue the supply of electricity to such person.
Expenses of certain necessary alterations.
100.—If any person does any matter or thing which such person is by or under any statute authorised to do and which necessitates an alteration in any part of any transmission system or of any distribution system for the time being vested in the Board, the Board shall make such alteration, and the expenses incurred by the Board in making such alteration shall be paid to the Board by such person as aforesaid, and the amount of such expenses so to be paid shall, in default of agreement, be fixed by an arbitrator appointed by the Minister.
Erection, etc., of aerials.
101.—It shall not be lawful for any person to erect or have or maintain any aerial for the transmission and reception or the transmission or the reception only of messages or other communications by wireless telegraphy in any place or position prohibited by the regulations made by the Board under this Act in relation to the erection and maintenance of such aerials.
Extension of time for construction of electrical works.
102.—(1) Notwithstanding anything contained in any special Act or any provisional or other order in force at the date of the passing of this Act fixing a period of time for the completion of any electrical works specified in such Act or order the Board may by an order under this section—
(a) extend the time mentioned in such Act or order for the completion of such works for such further period as shall be specified in that behalf by the Board in such order, and
(b) may by the same or any subsequent order direct that the works to which such order relates be carried out subject to the alterations (whether by way of variation, addition, or omission) specified in such order.
(2) The special Act or provisional or other order to which an order made by the Board under this section relates shall when such order is made by the Board have effect subject to the provisions of such order.
Authorised gas undertakers.
103.—(1) In this section the expression “authorised gas undertaker” means a person who is for the time being authorised by any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas or any provisional or other order made under statutory authority (whether before or after the establishment of Saorstát Eireann) to supply gas to the public in any specified area and by virtue of such Act or Order has for the time being the right of so supplying gas in such area, and the expression “area of gas supply” means an area within which an authorised gas undertaker is for the time being so authorised to supply gas to the public and has for the time being the right of so supplying gas.
(2) An authorised gas undertaker may with the consent of the Minister and notwithstanding anything to the contrary contained in the Act or order constituting him to be such undertaker, become an authorised undertaker under this Act and whenever the Board constitutes an authorised gas undertaker to be an authorised undertaker the Board may with the consent of the Minister and, if so required by the Minister, shall insert in the special order effecting such constitution such special provisions, limitations, and conditions (including the keeping of separate accounts) as it thinks proper or (as the case may be) as the Minister may require and in particular may with the like consent by such special order authorise such undertaker to employ his funds and to raise capital and borrow money for the purposes of the electricity undertaking authorised by such order and, may prescribe an area of supply either co-extensive with or greater or less than the area of gas supply of such undertaker.
(3) An authorised gas undertaker may with the consent of the Minister expend his funds in applying to the Board for a special order constituting him to be an authorised undertaker in doing all such things as may be reasonably necessary for or incidental to the obtaining or endeavouring to obtain such order.
Relief of gas undertaker from obligation to supply gas.
104.—(1) Where any gas undertaker is authorised by any special Act, Provisional or other Order or licence to supply gas in any area which is included in the area of supply of an authorised undertaker, and such gas undertaker is by virtue of such Act, Order, or licence under any general or limited obligation to supply gas upon demand, the Minister may, upon the application of such gas undertaker, inquire into the circumstances of the case, and if he is satisfied that any specified part of such area is sufficiently supplied with electricity, and that the supply of gas in such specified part has ceased to be remunerative to the said gas undertaker and that it is just that the said gas undertaker should be relieved from the obligation to supply gas upon demand as aforesaid, the Minister may in his discretion make an order relieving the said gas undertaker from such obligation within such specified part of such area either wholly or in part, and upon such terms and conditions as he thinks proper.
(2) From and after the date of an order under this section, the gas undertaker to whom the order relates shall, within such area, to the extent, and upon the terms and conditions specified in the order, be relieved from the said obligation to supply gas upon demand.
(3) All expenses incurred by the Minister in connection with the making of an order under this section, or in connection with any inquiry in relation to the making of such an order (whether an order is actually made or not) shall be borne and paid by the gas undertaker upon whose application the inquiry or order was made.
Transfer to the Board of certain functions of the Commissioners of Public Works.
105.—(1) The Executive Council may by order transfer from the Minister or the Commissioners of Public Works in Ireland (in this section referred to as the Commissioners) respectively to the Board all or any of the functions, powers, and duties conferred or imposed by or under any statute on the Minister or the Commissioners (as the case may be) in relation to the care or conservancy of the navigation or the drainage of the River Shannon or any tributary thereof or of works constructed for the improvement of such navigation or drainage, and any such order may transfer all or any of such functions powers, and duties in relation either to the whole or to any particular parts or part of the said River or any tributary thereof.
(2) Where by reason of the existence of the Shannon works it is impracticable for the Commissioners to exercise the functions and powers or perform the duties conferred or imposed on them by any such statute as aforesaid in accordance with the provisions of such statute the Commissioners shall exercise such functions and powers and perform such duties as nearly as may be practicable, having regard to the existence of the said works, in accordance with the provisions of such statute, and upon an order being made by the Executive Council under this section transferring all or any of such functions, powers and duties to the Board, the Board shall exercise the functions and powers and perform the duties to which such order relates as nearly as may be practicable, having regard to the existence of the said works, in accordance with the provisions of such statute.
(3) Whenever any functions, powers, or duties are transferred to the Board by an order under this section the Executive Council may by the same or any subsequent order authorise and require the Board to exercise and perform all or any of such functions, powers, and duties in relation to all or any of the canals, locks, wharves, piers, landing places, quays, or other works constructed by the Minister under the Shannon Electricity Act, 1925 (No. 26 of 1925), and upon such order being made the works to which such order relates shall be deemed to be included in the works in relation to which such functions, powers, and duties are exercisable by virtue of the statute by which the same were created and such statute (with such modifications, if any, as are specified in such order) shall be construed and have effect accordingly.
(4) Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order transfer to and vest in the Board all or any of the locks, lock-houses, eel-weirs, or other property which immediately before the date of such order were vested in the Commissioners and were used by them either for the purpose of or in connection with the exercise or performance of the functions, powers, or duties so transferred or for the purpose of providing revenue for the exercise or performance of such functions, powers, or duties.
(5) Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order transfer from the service of the Commissioners to the service of the Board any person employed by the Commissioners in relation to or for the purpose of the exercise or performance of such functions, powers, or duties, and every person so transferred shall thereupon become and be a servant of the Board upon the same terms as to remuneration and superannuation, pension or gratuity (if any) as those on which he was employed by the Commissioners immediately before such transfer and shall for the purpose of such superannuation, pension or gratuity (if any) be entitled to reckon his period of service with the Commissioners as service with the Board.
(6) Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order impose on the Board the obligation to pay as from the date of such order any pension which at the date of such order is payable by the Commissioners to a person formerly employed by the Commissioners in relation to or for the purpose of the exercise or performance of such functions, powers, and duties, and thereupon the Board shall become and be liable to indemnify the Commissioners against all and every liability in respect of such pension as from the date of such order.
(7) An order made by the Executive Council under this section transferring any functions, powers or duties from the Commissioners to the Board may be expressed and if so expressed shall operate to require the Board to keep a separate account in relation to the exercise by it of the functions and powers and the performance by it of the duties to which such order relates and may be expressed and if so expressed shall operate to require that the functions, powers and duties to which such order relates be exercised and performed by officers and servants of the Board employed by it solely in relation to such functions, powers and duties.
(8) No order made under this section shall come into operation until it has been laid before each House of the Oireachtas and has been approved by resolution of each such House.
Prohibition of navigation in the River Shannon at certain periods.
106.—(1) At any time before the handing over of the Shannon works to the Board under this Act is completed, the Minister, notwithstanding any enactment declaring the River Shannon to be a public navigable river, may by order, if the Minister sees fit so to do for the purposes of the operation of the Shannon works or of the doing of any matter or thing which the Minister is authorised to do by the Shannon Electricity Act, 1925 (No. 26 of 1925), prohibit navigation in or upon the River Shannon or any particular part thereof specified in such order for the period of time specified in that behalf in such order.
(2) Where as a result of an order made by the Minister under the foregoing sub-section prohibiting navigation in or upon the River Shannon or any particular part thereof any water-right, fishing right, or other right existing in respect of the River Shannon or the part thereof to which such order relates is terminated, restricted or otherwise interfered with, the termination, restriction or interference of such water-right, fishing right or other right shall for the purposes of sub-section (1) of section 4 of the Shannon Electricity Act, 1925 (No. 26 of 1925) be deemed to be authorised by that Act and the said Act shall apply accordingly.
(3) When the handing over of the Shannon works to the Board under this Act is completed the Board, notwithstanding any such enactment as aforesaid, may by order, for the purposes of the operation of the Shannon works or of the exercise of any of the powers or the performance of any of the duties or functions conferred and imposed on the Board by or under this Act prohibit navigation in or upon the River Shannon or any particular part thereof specified in such order for such limited period of time specified in that behalf in such order as may be required by the Board for the purposes aforesaid.
(4) Every order made under this section shall operate and be expressed to prohibit the passage of any person with any boat, barge, lighter or other vessel in or upon the waters of the River Shannon or the part thereof specified in that behalf in such order during the period of time specified in that behalf in such order.
(5) Every person who contravenes the provisions of an order made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
Transfer of powers, etc., under Weights and Measures Acts.
107.—The Minister may by order confer and impose on the Board and upon such order being made the Board shall exercise and perform the powers, functions and duties relating to meters or other electrical apparatus or appliances used or intended to be used for the measurement or determination of electrical quantities conferred and imposed on the Minister by the Weights and Measures Acts, 1878 to 1904, or by any other Act passed before or after the passing of this Act.
Inspection of apparatus.
108.—(1) Any officer appointed by the Board or an authorised undertaker may at all reasonable times do all or any of the following things on any premises to which electricity is or has been supplied by the Board or such authorised undertaker (as the case may be) that is to say:—
(a) inspect the electric lines, meters, accumulators, fittings, works, and other apparatus for the supply of electricity belonging to the Board or such authorised undertaker, or connected directly or indirectly to any apparatus for the supply of electricity belonging to the Board or such authorised undertaker,
(b) ascertain the quantity of electricity consumed or supplied on those premises,
(c) when lawfully entitled so to do, cut off the supply of electricity from those premises,
(d) when lawfully entitled so to do, remove any electric lines, accumulators, fittings, works, or apparatus belonging to the Board or such authorised undertaker.
(2) Any such officer as aforesaid may at all reasonable times enter any premises to which electricity is or has been supplied by the Board or such authorised undertaker (as the case may be) for the purpose of doing any thing which he is authorised by this section to do on those premises.
(3) Whenever an officer of the Board or of an authorised undertaker exercises any of the powers conferred by this section, the Board or such authorised undertaker (as the case may be) shall repair all damage caused by the exercise of such powers.
Prohibition of discharge of corrosive matter into River Shannon.
109.—(1) It shall not be lawful for any person, save with the permission in writing of the Board and in accordance with the conditions as to time, place, and manner stated in such permission, to deposit, discharge, or allow to escape directly or indirectly from any premises or place or any vessel in or into the River Shannon or in or into any canal or other artificial waterway constructed under the Shannon Electricity Act, 1925 (No. 26 of 1925) any chemical or other substance (whether solid or liquid) of a nature calculated to corrode, erode, entangle, stop, break, or otherwise injure the Shannon works or any part thereof.
(2) Every person who deposits, discharges, or allows to escape directly or indirectly in or into the River Shannon or any such canal or artificial waterway as aforesaid any chemical or other substance (whether solid or liquid) in contravention of this section and the owner of the premises or place or the master and also the owner of the vessel from which such substance is so deposited, discharged, or allowed to escape shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, together with, in the case of a continuing offence, a fine not exceeding twenty pounds for every day on which the offence continues.
(3) In this section the expression “the River Shannon” does not include any part of that river below Parteen Villa but does include every tributary of that River entering it above Parteen Villa and every lake, pond, canal, or artificial waterway on or communicating directly or indirectly with the River Shannon above Parteen Villa.
Application to electricity of section 4 of the Conspiracy and Protection of Property Act, 1875.
110.—Section 4 of the Conspiracy and Protection of Property Act, 1875 (which relates to breaches of contract by persons employed in the supply of gas or water), shall extend to persons employed by the Board or by any authorised undertaker or permitted undertaker in like manner as it applies to persons mentioned in that section, with the substitution of references to electricity for the references to gas or water.
Penalty for malicious injury.
111.—Any person who unlawfully and maliciously cuts or injures any electric line or work with intent to cut off or diminish any supply of electricity shall be guilty of felony, and be liable to be kept in penal servitude for any term not exceeding five years, or to be imprisoned with or without hard labour for any term not exceeding two years.
Saving of rights, etc., of Minister for Posts and Telegraphs.
112.—Nothing in this Act shall deprive the Minister for Posts and Telegraphs of any rights and remedies under the existing Telegraph Acts or any statutory adaptation thereof or substitution therefor made by or under the authority of the Oireachtas.
Repeals.
113.—The several Acts specified in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.
Short title.
114.—This Act may be cited as the Electricity (Supply) Act, 1927.
FIRST SCHEDULE.
1. Every person who was employed by an authorised undertaker or a statutory undertaker for a period of not less than two nor more than five years before the 31st day of March, 1927, and was so employed at the date of an order made under this Act requiring such undertaker to cease to use a generating station as a generating station, and who by reason of such generating station ceasing in pursuance of such order to be used as a generating station has suffered loss of employment shall be entitled to a gratuity calculated on the basis of one-sixth of his annual remuneration and emoluments on the 31st day of March, 1927, for every completed year of his employment.
2. Every person who was employed by an authorised undertaker or a statutory undertaker for a period of not less than five years before the 31st day of March, 1927 and was so employed at the date of an order made under this Act requiring such authorised undertaker or such statutory undertaker to cease to use a generating station as a generating station and who by reason of such generating station ceasing in pursuance of such order to be used as a generating station—
(a) has suffered loss of employment, or
(b) has relinquished his employment in consequence of being required to perform duties such as were not similar or were an unreasonable addition to the duties which he was required to perform by such undertaker on the 31st day of March, 1927, or
(c) has suffered diminution of salary, wages, or emoluments, or
(d) has been placed in any worse position in respect of the conditions of his employment than he was in in that respect on the 31st day of March, 1927,
shall be entitled to receive from such authorised undertaker or statutory undertaker compensation in accordance with and subject to the provisions of this Schedule.
3. No such person as aforesaid shall be entitled to receive compensation under this Schedule if it is shown that suitable employment on terms and conditions (including where applicable the payment of reasonable expenses of moving to the locality of such employment) not less favourable than the terms and conditions on and under which such person was so employed as aforesaid on the 31st day of March, 1927 was available for such person at or within a reasonable time after the cesser of the last-mentioned employment.
4. The compensation to be paid under this Schedule to a person who either—
(a) has suffered loss of employment, or
(b) has relinquished his employment in consequence of being required to perform duties such as were not similar or were an unreasonable addition to the duties which he was required to perform on the 31st day of March, 1927,
shall be an annual sum not exceeding in any case two-thirds of his annual remuneration and emoluments on the 31st day of March, 1927 and, subject to that limitation, to be calculated at the rate of one-sixtieth of such annual remuneration and emoluments for every completed year of his employment with the authorised undertaker or statutory undertaker by whom the compensation is payable under this Schedule less an amount equal to the annual amount or annual value of any sum payable to him by such authorised undertaker or such statutory undertaker by way of pension, superannuation, or gratuity on discharge.
5. The compensation to be paid under this Schedule to a person who either—
(a) has suffered loss or diminution of salary, wages, or emoluments, or
(b) has been placed in any worse position in respect of the conditions of his employment than he was in on the 31st day of March, 1927,
shall be an annual sum not exceeding in any case two-thirds of his annual remuneration and emoluments on the 31st day of March, 1927, and, subject to that limitation, as nearly as possible the equivalent in money of the annual diminution in remuneration and emoluments or of the worsening of the conditions of his employment (as the case may be) suffered by him and shall be payable during the continuance of the employment in which such annual diminution in remuneration and emoluments or such worsening of the conditions of his employment (as the case may be) is so suffered by him as aforesaid.
6. For the purpose of computing the period of employment of a person who is entitled to compensation under this Schedule with the authorised undertaker or the statutory undertaker (as the case may be) by whom such compensation is payable under this Schedule, the employment of such person with any authorised undertaker or any statutory undertaker shall be deemed to be employment with the authorised undertaker or the statutory undertaker by whom such compensation is so payable.
7. In computing the period of employment of a person who is entitled to receive compensation under this Schedule there may be added to the actual period of employment of such person with any authorised undertaker or any statutory undertaker such number of years not exceeding ten years for and in respect of the special qualifications or special conditions of employment of such person as the Board may in any particular case require so to be added to the actual period of employment as aforesaid of such person as aforesaid.
8. Where any person who is entitled to receive compensation under this Schedule was temporarily absent from his employment with any authorised undertaker or any statutory undertaker and during the whole of such absence was engaged in service in the National Forces of Saorstát Eireann, or any military forces serving under the authority of the First Dáil Eireann, the Second Dáil Eireann, or the Provisional Government of Ireland, or the British Army, Navy, or Air Force, such temporary absence shall for the purposes of this Schedule be reckoned with and included in his period of employment with such authorised undertaker or such statutory undertaker.
9. The amount of the compensation to be paid to any person entitled thereto under this Schedule shall be determined by agreement between such person and the authorised undertaker or the statutory undertaker (as the case may be) by whom such compensation is payable.
10. Any person who is in receipt of an annual sum by way of compensation under this Schedule may, within one year from the date on which the amount of such annual sum is fixed, apply to the authorised undertaker or the statutory undertaker (as the case may require) by whom such annual sum is payable to commute the whole of such annual sum by payment of a capital sum of money to be fixed by agreement between such person and such authorised undertaker or such statutory undertaker (as the case may be), but no such application for commutation shall be considered by such authorised undertaker or such statutory undertaker without the consent of the Board.
11. If any dispute or question shall arise—
(a) between any person and any authorised undertaker or any statutory undertaker as to whether such person is a person entitled to compensation under this Schedule, or
(b) between any person entitled to compensation under this Schedule and the authorised undertaker or the statutory undertaker (as the case may be) by whom such compensation is payable as to the amount of the compensation so payable, or
(c) between any person who is in receipt of an annual sum by way of compensation under this Schedule and the authorised undertaker or the statutory undertaker (as the case may be) by whom such annual sum is payable as to the amount of the capital sum of money by payment of which the whole of such annual sum as aforesaid is to be commuted,
such person or such authorised undertaker or such statutory undertaker may appeal to a standing arbitrator appointed by the Minister whose decision shall be final and conclusive and not subject to appeal to or review by any court.
12. Where any person who is entitled to receive compensation under this Schedule is also, whether under statute or by the terms of his contract of employment with the authorised undertaker or the statutory undertaker by whom such compensation is payable under this Schedule, entitled to receive compensation in respect of the same circumstances as those in respect of which he is entitled to receive compensation under this Schedule then and in every such case such person shall be entitled to receive compensation as he so elects, under such statute or such contract as aforesaid or under this Schedule but not under both such statute or such contract and this Schedule.
13. References in this Schedule to the duties which a person employed by an authorised undertaker or a statutory undertaker on the 31st day of March, 1927 was on that date required by such undertaker to perform and to the terms and conditions on and under which such person was so employed and the annual remuneration and emoluments of such person on that date shall in every case in which such duties or such terms and conditions or such annual remuneration and emoluments were after the 31st day of March, 1927 altered with the approval of the Board be construed as references to such duties, or such terms and conditions, or such remuneration and emoluments as so altered and this Schedule shall have effect accordingly.
SECOND SCHEDULE.
Acts Repealed.
Session and Chapter. | Short Title. | Extent of Repeal. |
45 & 46 Vic., c. 56 | Electric Lighting Act, 1882. | The whole Act. |
51 & 52 Vic., c. 12 | Electric Lighting Act, 1888. | The whole Act. |
62 & 63 Vic., c. 19 | Electric Lighting (Clauses) Act, 1899. | The whole Act. |
9 Edw. 7, c. 34 | Electric Lighting Act, 1909. | The whole Act. |
9 & 10 Geo. 5, c. 100 | Electricity (Supply) Act, 1919. | The whole Act. |