Number 4 (Private) of 1940.

DUBLIN PORT AND DOCKS ACT, 1940.

ARRANGEMENT OF SECTIONS

Number 4 (Private) of 1940.

DUBLIN PORT AND DOCKS ACT, 1940.

AN ACT TO ALTER CERTAIN EXISTING POWERS OF THE DUBLIN PORT AND DOCKS BOARD FOR THE BORROWING OF MONEY, AND FOR OTHER PURPOSES. [3rd July, 1940.]

Preamble

WHEREAS the Port and Harbour of Dublin are under the control and management of the Dublin Port and Docks Board (hereinafter referred to as “the Board”) and by various British Statutes and Acts of the Oireachtas powers have been conferred upon the Board;

AND WHEREAS by the Dublin Port and Docks Act, 1869 (hereinafter referred to as “the Act of 1869”) provision was made for the creation of a general fund (hereinafter referred to as “the Port Fund”) for the purposes of the Port to be applied to the maintenance and improvement of the Port and all money belonging or payable to the Board (other than borrowed money) was directed to be carried to the credit of the Port Fund;

AND WHEREAS by the Dublin Port and Docks Act, 1902 (hereinafter referred to as “the Act of 1902”) certain other moneys payable to or receivable by the Board were directed to be carried to the credit of the Port Fund;

AND WHEREAS under the provisions of the Act of 1869 and the Act of 1902 the Port Fund is applicable (inter alia) to the payment of interest on borrowed moneys and dividends on stock issued by the Board and to contributions to sinking funds and loans funds;

AND WHEREAS by the Act of 1902 the Board were empowered to borrow at interest on the security of the Port Fund any sums not exceeding in the whole six hundred and fifty thousand pounds which sums were to be applied to the extent of the respective amounts and for the respective purposes specified in that Act including the sum of two hundred and nine thousand pounds for the construction of a Graving Dock;

AND WHEREAS by the Dublin Port and Docks Act, 1920 (hereinafter referred to as “the Act of 1920”) the Board were empowered to borrow at interest on the security of the Port Fund for certain specified purposes any sum or sums not exceeding the sums specified with reference to those purposes respectively which purposes and sums include the following:—

the construction of a Dry Dock or pontoon one hundred and forty-one thousand pounds;

the reconstruction of the Custom House Quay one hundred thousand pounds; and

the improvement of the Custom House Docks four hundred and twenty thousand pounds;

AND WHEREAS the Board have not constructed or executed and owing to altered conditions do not now require to construct or execute the said Graving Dock referred to in the Act of 1902 or the Dry Dock or pontoon and the improvement of the Custom House Docks referred to in the Act of 1920 and the sum allocated as aforesaid to the reconstruction of the Custom House Quay is insufficient for that purpose;

AND WHEREAS it is expedient that the borrowing powers conferred upon the Board by the Act of 1902 and the Act of 1920 should to the extent of the sums allocated to the purposes mentioned in the last preceding recital (amounting in the whole to eight hundred and seventy thousand pounds) be made available for the several purposes and to the extent of the several amounts specified in this Act;

AND WHEREAS it is expedient that the provisions contained in this Act with respect to officers of the Board and to the payment by the Board of certain expenses should be enacted;

AND WHEREAS it is expedient that such other provisions as are contained in this Act should be enacted;

AND WHEREAS the purposes of this Act cannot be effected without the authority of the Oireachtas;

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Short title.

1.—This Act may be cited as the Dublin Port and Docks Act, 1940.

Interpretation.

2.—In this Act unless the subject or context otherwise requires the following expressions have the following respective meanings:—

“the Board” means the Dublin Port and Docks Board;

“the Act of 1902” and “the Act of 1920” mean respectively the Dublin Port and Docks Act, 1902 and the Dublin Port and Docks Act, 1920;

“the Port Fund” means the general fund constituted by the Dublin Port and Docks Act, 1869, as amended by subsequent Acts;

“the Minister” means the Minister for Industry and Commerce.

Alteration of purposes for which borrowing powers conferred by Acts of 1902 and 1920 may be exercised.

3.—(1) The powers respectively conferred upon the Board by the Acts mentioned in the first column of the next following table of borrowing money and of applying borrowed money for the purposes mentioned in the second column of that table to the amounts mentioned in the third column of the said table shall cease to be exerciseable for the said purposes and may notwithstanding anything in the said Acts or either of them be exercised by the Board in the manner prescribed by sub-section (2) of this section:—

(2) The Board may exercise the said powers for the purposes mentioned in the first column of the following table and to the extent of any sum or sums not exceeding in the case of any of those purposes (except as hereinafter provided) the amount mentioned opposite thereto in the second column of that table:—

Provided that if the amount mentioned in the second column of the last preceding table opposite to any of the purposes mentioned in the first column of that table exceeds the amount required to be expended for that purpose the Board may with the consent of the Minister exercise the said borrowing powers for any other of the said purposes to the extent of the amount of such excess in addition to the amount mentioned in the said second column opposite to such other purpose.

(3) Except as expressly provided by this section nothing therein shall alter or affect the provisions contained in the Act of 1902 and the Act of 1920 respectively with respect to the raising of money by borrowing or by the creation and issue of stock or the application of money so raised or the repayment of borrowed money or the redemption of stock.

As to officers of Board.

4.—(1) The provisions of section 61 (as to officers of Board) of the Act of 1920 shall extend and apply to such of the Engineers, Harbour Master, Solicitor, Medical Officers and other officers of the Board holding office at the date of the passing of this Act as were appointed to their respective offices after the date of the passing of the Act of 1920 as if they had respectively held those offices at the last-mentioned date.

(2) Subsection (1) of this section shall not be construed as permitting the length of any person's service under the Board to be reckoned for the purposes of section 61 of the Act of 1920 as extended and applied by the said sub-section (1) otherwise than from the actual commencement of such service.

Power to defray certain expenses.

5.—The Board may as part of their working expenses make reasonable payments out of the Port Fund for or in connection with—

(a) the reception of and extending of hospitality to members, directors or officers of other port or harbour authorities or of any public authority or body or any company having interests of a professional or business character similar to the interests of the Board or with whom the Board have or contemplate having professional or business relations; and

(b) visits by way of official courtesy by or on behalf of the Board to any such authority, body or company as aforesaid

including payments for travelling expenses and other expenses reasonably incurred by or on behalf of any member or officer of the Board in connection with any of the matters aforesaid: Provided that the Board shall not in respect of any period of twelve months ending on the 31st day of December expend under the powers of this section any greater sum in the whole than five hundred pounds.

Power to borrow for costs of Act.

6.—(1) For the purpose of defraying the costs, charges and expenses mentioned in the next following section of this Act the Board may borrow at interest on the security of the Port Fund the sum requisite for that purpose.

(2) The provisions (so far as applicable) of Part V (Financial Provisions) of the Act of 1920 shall extend and apply to the borrowing of money under the powers of this section and to the money so borrowed and to the creation of stock and to the Board in respect thereof respectively.

Costs of Act.

7.—All costs, charges and expenses preliminary to and incidental to the preparing, applying for, obtaining and passing of this Act or otherwise in relation thereto shall be paid by the Board out of the Port Fund or out of money raised or borrowed under the powers of this Act or partly out of the Port Fund and partly out of money so raised or borrowed.