Number 12 of 1950.
TRANSPORT ACT, 1950.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Coras Iompair Eireann.
Exercise of functions of the Board through its officers and servants. |
General Powers and Duties of the Board.
Board's powers as to charges and as to terms and conditions of carriage of merchandise. | |
Transfer to the Board of undertakings of Coras Iompair Eireann (1945) and the Grand Canal Company and Provisions enabling certain other transport undertakings to be transferred to the Board.
Transfer to the Board of undertakings of Córas Iompair Éireann (1945) and the Grand Canal Company and compensation to holders of certain securities of those bodies.
Transfer to the Board of undertakings of dissolved undertakers. | |
Extinguishment of certain securities of dissolved undertakers. | |
Compensation to holders of certain securities of dissolved undertakers. |
Provisions Enabling Certain Other Transport Undertakings to be Transferred to the Board.
Arrangements for voluntary acquisition and operation of transport undertakings. | |
Finance.
State guarantee of temporary borrowings and transport stock. | |
Laying of particulars of guarantees before Houses of the Oireachtas. | |
Staff of the Board.
Application of certain enactments to the Board.
General application of railway and canal enactments to the Board. | |
Amendment of Section 7 of the Railway and Canal Traffic Act, 1854, in its application to the Board. | |
Cesser of Train Services and Release from Obligations to Keep Certain Canals Open for Navigation.
Release of the Board from obligation to keep certain canals or parts of canals open for navigation. |
Miscellaneous Provisions.
Provisions as regards construction and maintenance of telegraphs. | |
Dissolution of Córas Iompair Éireann (1945) and the Grand Canal Company and Supplemental and Transitional Provisions.
Enactments Repealed.
Superannuation of members of the Board.
Securities of Córas Iompair Eireann (1945) and the Grand Canal Company and transport stock to be substituted therefore.
Compensation of certain officers and servants of the dissolved undertakers and the Board.
Enactments not applying to the Board.
Provisions Relating to the Transport Tribunal.
Transitory Provisions in Relation to the Dissolved Undertakers and the Board.
Acts Referred to | |
No. 21 of 1944 | |
Great Southern Railways Company (Superannuation Scheme) Act, 1947 | No. 21 of 1947 |
No. 9 of 1933 | |
No. 24 of 1946 | |
No. 29 of 1924 | |
No. 2 of 1932 | |
No. 11 of 1933 | |
No. 45 of 1936 | |
No. 47 of 1931 | |
No. 8 of 1933 | |
No. 30 of 1923 | |
Number 12 of 1950.
TRANSPORT ACT, 1950.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Transport Act, 1950.
Interpretation.
2.—(1) In this Act—
the expression “the Act of 1944” means the Transport Act, 1944 (No. 21 of 1944);
the expression “the Board” means the board established by section 5;
the expression “Córas Iompair Éireann (1945)” means the company incorporated on the 1st day of January, 1945, by section 9 of the Act of 1944;
the expression “dissolved undertaker” means any body being—
(a) Córas Iompair Éireann (1945), or
(b) the Grand Canal Company;
the word “enactment” includes any instrument made under an enactment;
the expression “the establishment date” means the 1st day of June, 1950;
the expression “inland waterway” includes any inland waterway, whether natural or artificial;
the word “land” includes any easement, profit or right on or over land or land covered by water;
the word “liability” includes an obligation;
the word “merchandise” includes goods, minerals, live stock and animals of all descriptions;
the expression “the Minister” means the Minister for Industry and Commerce;
the word “securities” includes any shares, stock, debentures or debenture stock;
the expression “substituted transport stock” means transport stock mentioned in column (3) of the Third Schedule to this Act;
the expression “transferred undertaking” means the undertaking of a dissolved undertaker;
the expression “transport services” means transport services by railway, tramway, inland navigation, sea or road;
the expression “transport stock” means stock created and issued by the Board under section 29;
the expression “transport undertaker” means any undertaker operating a public transport service;
the expression “transport undertaking” means the undertaking of a transport undertaker.
(2) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.
(3) In this Act, a reference by number to a Part or section is to the Part or section of this Act bearing that number unless it is indicated that a reference to another Act is intended.
Repeals.
3.—The enactments set out in the First Schedule to this Act are hereby repealed as on and from the establishment date to the extent specified in column (3) of that Schedule.
Expenses.
4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II.
Coras Iompair Eireann.
Establishment of Córas Iompair Éireann.
5.—(1) On the establishment date there shall, by virtue of this section, stand established a board to be called Córas Iompair Éireann, to fulfil the functions assigned to it by this Act.
(2) The Board shall, by the name assigned to it by subsection (1) of this section, be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its said name and to purchase, take, hold and dispose of land and other property.
(3) For the avoidance of doubts it is hereby declared that the use or occupation by the Board of any hereditament or tenement, within the meaning of the Valuation Acts, is not use or occupation of a public nature or for a public purpose, within the meaning of section 63 of the Poor Relief (Ireland) Act, 1838, or section 16 of the Valuation (Ireland) Act, 1852, or section 2 of the Valuation (Ireland) Act, 1854, or any other enactment conferring exemption from a rate leviable by local authorities generally or by a particular local authority or class of local authorities.
Constitution of the Board.
6.—(1) (a) The Board shall consist of such number of members as the Government may from time to time appoint.
(b) The Government shall so exercise their powers under paragraph (a) of this subsection that the number of members of the Board for the time being holding office is not less than three or more than seven.
(2) The Chairman of the Board shall be that member of the Board who at the time of his appointment or subsequently is nominated by the Government as chairman.
Provisions in relation to members of the Board.
7.—(1) (a) Every person appointed to be a member of the Board shall, unless he sooner dies, is removed from office, resigns or becomes disqualified, hold office for such period (not exceeding five years) as shall be fixed by the Government when appointing him.
(b) A member of the Board whose term of office expires by effluxion of time shall be eligible for reappointment.
(2) Every member of the Board shall hold office upon such terms and conditions (including the payment, out of the funds at the disposal of the Board, of remuneration and allowances for expenses) as shall be fixed by the Government at the time of his appointment.
(3) The provisions (which relate to superannuation) set out in the Second Schedule to this Act shall apply in respect of members of the Board.
(4) (a) The Government may at any time remove from office any member of the Board—
(i) who has become incapable through ill-health of performing efficiently his duties as such member, or
(ii) who has (otherwise than for a reason considered by the Government to be sufficient) been absent from all meetings of the Board during a period of six consecutive months.
(b) If at any time it appears to the Government that the removal from office of any member of the Board is necessary in the public interest, the Government may remove such member from office.
(c) If and whenever the Government remove from office under this subsection any member of the Board, the Government shall lay before each House of the Oireachtas a statement in writing of the fact of his removal from office and of the reasons for such removal.
(5) A member of the Board may at any time resign his office as such member by letter addressed and sent to the Government.
(6) (a) A member of the Board shall, within six months after his appointment, sell or otherwise dispose of any securities which he may hold for his own benefit, whether in his own name or in that of some other person, in any company carrying on a transport undertaking in the State and any transport stock which he may so hold, and it shall not be lawful for a member of the Board to purchase for his own benefit any securities in any such company or any transport stock.
(b) If a member of the Board becomes entitled for his own benefit to any such securities as are mentioned in paragraph (a) of this subsection or to any transport stock, he shall sell or otherwise dispose of those securities or that stock within three months after the date on which he becomes entitled to have them transferred to him.
(c) It shall be the duty of a member of the Board who is in any way, whether directly or indirectly, interested in any contract made or proposed to be made by the Board to disclose the nature of his interest at a meeting of the Board, and the disclosure shall be forthwith recorded in the minutes of the Board, and the member who is so interested shall not take part in any deliberation or decision of the Board with respect to that contract.
(d) If any member of the Board—
(i) fails to comply with, or acts in contravention of, any of the foregoing paragraphs of this subsection, or
(ii) is adjudged bankrupt or makes a composition or arrangement with his creditors, or
(iii) ceases to be ordinarily resident in the national territory,
he shall be disqualified from holding, and shall cease to hold, office as a member of the Board.
(7) (a) Where a person who is a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled, under the Standing Orders of that House, to sit therein, cease to be a member of the Board.
(b) A person, who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, shall be disqualified from being a member of the Board.
Seal of the Board.
8.—(1) The Board shall provide and have an official 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 by the signature of an officer of the Board duly authorised by the Board to act in that behalf.
(2) 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.
Procedure of the Board.
9.—(1) At a meeting of the Board—
(a) the chairman of the Board shall, if present, be chairman of the meeting,
(b) if and as long as the chairman of the Board is not present or if the office of chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting.
(2) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.
(3) The quorum for a meeting of the Board shall be such number (not less than three) as the Board may from time to time determine and in default of determination shall be three.
(4) The Board may act notwithstanding a vacancy in its membership.
(5) Subject to this section, the Board shall, by standing orders or otherwise, regulate the procedure and business of the Board.
Exclusion of the Public Authorities Protection Act, 1893.
10.—The Public Authorities Protection Act, 1893, shall not apply to any action, prosecution or proceeding against the Board or in respect of any act, neglect or default by a servant or agent of the Board in his capacity as a servant or agent of the Board.
Contracts by the Board.
11.—Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.
Exercise of functions of the Board through its officers and servants.
12.—The Board may exercise and perform any of its functions through or by any of its officers or servants authorised by the Board in that behalf.
PART III.
General Powers and Duties of the Board.
General powers of the Board.
13.—(1) Subject to the provisions of this Act, the Board shall, within or without the State, have, in addition to any other powers vested in, or conferred on, it by any other provision of this Act, power—
(a) to operate transport services,
(b) to consign merchandise,
(c) to enter into and carry out agreements or arrangements with any person carrying on business as a carrier of passengers or merchandise, providing for the carriage of passengers or merchandise by or on behalf of the Board and that other person under one contract or at a through charge or in the same vehicles or containers, whether belonging to the Board or not,
(d) to store merchandise, whether or not that merchandise has been or is to be carried by the Board,
(e) to carry on any hotel, place of refreshment or refreshment service which was carried on by either dissolved undertaker or by any other transport undertaker whose or part of whose transport undertaking is acquired by the Board under this Act and to provide both for its passengers and for other persons, living accommodation, places of refreshment (including hotels and restaurants) and refreshment services,
(f) to provide such amenities and facilities for passengers and other persons as it may appear to the Board requisite or expedient to provide,
(g) to carry on any activities (whether mentioned in any previous paragraph of this subsection or not) which have been carried on by either dissolved undertaker or by any other transport undertaker whose or part of whose transport undertaking is acquired by the Board under this Act,
(h) to construct, manufacture, purchase, hire, let, maintain and repair anything required for the purpose of carrying passengers or merchandise by rail, road, sea or inland waterway or otherwise for the purposes of a transport undertaking,
(i) to provide and equip stations, depots, garages, quays, wharves, jetties, harbours, workshops, offices and other buildings and port facilities, and carry out other works in connection with or for the purposes of its undertaking,
(j) to provide, own, hire, let or use railway rolling stock, road vehicles, ships, barges, lighters, tugs, ferry boats and other vehicles or craft moved, propelled or drawn by mechanical, electrical, animal or other motive power and run and operate the same,
(k) to buy land, or take land on lease or under any form of tenancy,
(l) to make working agreements or arrangements for the provision by any person of transport services which the Board is required or authorised to provide, or for the provision by the Board of any transport services which any other person has power to provide,
(m) to do anything for the purpose of advancing the skill of persons employed or to be employed by the Board or the efficiency of the equipment of the Board or of the manner in which that equipment is operated including the provision by the Board and the assistance towards the provision by others of facilities for training, education and research.
(n) to establish and support, or aid in the establishment and support of, associations, clubs, institutions, funds, trusts and conveniences calculated to promote the welfare of its employees or ex-employees and the dependants or relatives of such employees or ex-employees,
(o) to make payments towards insurance for the benefit of all or any of its employees or ex-employees or the dependants or relatives of such employees or ex-employees,
(p) to subscribe or guarantee money for charitable or benevolent objects or for any institution or any public, general or useful object,
(q) to do all such other things which in the opinion of the Board are calculated to facilitate the proper carrying on of the business of the Board.
(2) For the avoidance of doubt it is hereby declared that subsection (1) of this section relates only to the capacity of the Board as a statutory corporation, and nothing in that subsection shall be construed as authorising the disregard by the Board of any enactment or rule of law.
(3) The Board may dispose, whether absolutely or for a term of years or for any lesser period, of any property which in the opinion of the Board is not required by it for the discharge of its duties.
(4) The provisions of this section shall not be construed as limiting any power of the Board conferred by or under any other provision of this Act.
Conferring of additional powers on the Board.
14.—(1) The Minister may from time to time by order confer on the Board such powers (in addition to those conferred on it by section 13) as the Minister thinks proper and specifies in the order, and any such order may contain such incidental and supplementary provisions as the Minister thinks necessary or expedient for giving full effect to the order.
(2) The Minister may by order revoke or amend any order made under this section (including this subsection).
(3) Every order under this section shall be made with the consent of the Minister for Finance.
(4) An order under this section shall not come into operation unless and until it is confirmed by resolution of each House of the Oireachtas, but shall as from the date of the passing of the later of such resolutions have statutory effect.
General duties of the Board.
15.—(1) It shall be the general duty of the Board so to exercise its powers under this Act as to provide or secure or promote the provision of an efficient, economical, convenient and properly integrated system of public transport for passengers and merchandise by rail, road and water with due regard to safety of operation, the encouragement of national economic development and the maintenance of reasonable conditions of employment for its employees and for that purpose it shall be the duty of the Board to improve in such manner as it considers necessary transport facilities so as to provide for the needs of the public, agriculture, commerce and industry.
(2) It shall be the duty of the Board so to conduct its undertaking as to secure, as soon as may be, that, taking one year with another, the revenue of the Board shall be not less than sufficient to meet the charges properly chargeable to revenue.
(3) All the business carried on by the Board, whether or not arising from undertakings or parts of undertakings vested in or transferred to it under or by virtue of any provision of this Act shall form one undertaking.
(4) Nothing in this section shall be construed as imposing on the Board, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.
Information by the Board.
16.—The Board shall furnish to the Minister such information as he may from time to time require regarding matters which relate to its activities, other than day-to-day administration, and which appear to him to affect the national interest.
Compulsory acquisition of land.
17.—(1) The Minister may, if and whenever he thinks fit, on the application of the Board, by order (in this section referred to as an acquisition order) authorise the Board for the purpose of the exercise of its powers and duties to acquire compulsorily such land as may be specified in the order.
(2) An acquisition order—
(a) shall provide for the payment of compensation by the Board to the several persons having estates or interests in the land to which the order relates and shall provide that any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, and, for this purpose, the Board shall be deemed to be a public authority within the meaning of the said Act.
(b) may incorporate all or any of the provisions of the Land Clauses Acts, with such modifications and adaptations as the Minister thinks proper.
(3) An acquisition order shall have statutory force and effect.
(4) Whenever the Minister proposes to make an acquisition order—
(a) the Board shall publish, at such time or times and in such manner as the Minister directs, such notice as the Minister directs of the nature of the proposed order,
(b) such notice shall contain an intimation that objections and representations in relation to the proposed order may be furnished in writing to the Minister during a specified period,
(c) in making the order, the Minister shall have regard to the objections and representations (if any) furnished as aforesaid.
(5) (a) Where an acquisition order is made in relation to any land, the Board may, subject to the subsequent provisions of this subsection and before conveyance or ascertainment of compensation, enter on and take possession of the land.
(b) The Board shall not enter on or take possession of any land under paragraph (a) of this subsection without giving to the occupier thereof at least one month's or, in the case of an occupied dwelling house, three months' previous notice in writing of its intention.
(c) A notice under paragraph (b) of this subsection may be given to any person by sending it by prepaid post in an envelope addressed to that person at his usual or last known address.
(d) Where the Board in exercise of its powers under paragraph (a) of this subsection enters on and takes possession of any land any compensation payable in respect of that land to the person who would, from time to time be entitled to occupy it, if the Board had not exercised those powers, shall bear interest at the rate of three per cent. per annum from the date of entry until payment of the compensation.
(6) Whenever the Minister proposes to make an acquisition order in relation to any land the Board shall furnish to the Irish Land Commission particulars of the land to which the proposed acquisition order relates.
Redemption of purchase annuity payable to the Irish Land Commission out of land purchased by the Board.
18.—(1) In this section—
the expression “the Land Commission” means the Irish Land Commission;
the expression “purchase annuity” includes a reclamation annuity and an annual sum equivalent to a purchase annuity.
(2) Whenever the Board buys in exercise of its powers or acquires under section 17 any land which is subject alone to a purchase annuity payable to the Land Commission, the Board shall, if so required by the Land Commission, forthwith redeem the purchase annuity under and in accordance with the Land Purchase Acts.
(3) Whenever the Board buys in exercise of its powers or acquires under section 17 any land (in this subsection referred to as the purchased land) which is subject in conjunction with other land to a purchase annuity payable to the Land Commission—
(a) the Land Commission may apportion the purchase annuity between the purchased land and the other land,
(b) the Board shall, if so required by the Land Commission, forthwith redeem, under and in accordance with the Land Purchase Acts, the part of the purchase annuity so apportioned on the purchased land.
Classification of merchandise.
19.—The Board may adopt such classification of merchandise for the purpose of the application thereto of rates of charges to be made in respect of the carriage of merchandise as the Board thinks fit.
Board's powers as to charges and as to terms and conditions of carriage of merchandise.
20.—(1) In this section—
the word “charges” includes fares, rates or tolls;
the word “services” means any of the following—
(a) the conveyance of passengers and their luggage,
(b) the receiving, forwarding, carrying and delivering of merchandise,
(c) any other transport service or facility;
the expression “the railway classification of merchandise” means the classification of merchandise for the time being in force adopted by the Board for the purposes of the application of rates of charges to be made by the Board for the carriage of merchandise by rail;
the expression “the canal classification of merchandise” means the classification of merchandise for the time being in force adopted by the Board for the purposes of the application of rates of charges to be made by the Board in respect of the carriage of merchandise by inland waterway.
(2) The Board may fix, demand, take and recover such charges as the Board thinks fit for services provided by it.
(3) Where the Board agrees with a trader for the carriage of his merchandise at charges which represent a reasonable commutation of the charges otherwise applicable to the merchandise of that trader carried by the Board, the Board may, notwithstanding anything contained in any enactment, make as regards the carrying of that trader's merchandise the charges so agreed.
(4) (a) The Board shall keep for sale copies of the following:—
(i) the railway classification of merchandise,
(ii) the canal classification of merchandise,
(iii) scales of charges made, in conjunction with the railway and canal classifications of merchandise, by the Board in respect of the carriage of merchandise by rail and inland waterway.
(b) The Board shall keep for public inspection at its principal office copies of the following:—
(i) the railway classification of merchandise,
(ii) the canal classification of merchandise,
(iii) scales of charges made, in conjunction with the railway and canal classifications of merchandise, by the Board in respect of the carriage of merchandise by rail and inland waterway.
(c) The Board shall keep for public inspection at each depot owned by it at which merchandise is received for carriage by rail a copy of each of the following:—
(i) the railway classification of merchandise,
(ii) scales of charges made, in conjunction with the railway classification of merchandise, by the Board for the carriage of merchandise by rail from that depot.
(d) The Board shall keep for public inspection at each depot owned by it at which merchandise is received for carriage by inland waterway, a copy of each of the following:—
(i) the canal classification of merchandise,
(ii) scales of charges made, in conjunction with the canal classification of merchandise, by the Board in respect of the carriage of merchandise by inland waterway from that depot.
(5) (a) The Board may attach to the services afforded by it such terms and conditions as the Board thinks fit.
(b) Any carriage of merchandise by rail by the Board which is in accordance with the terms and conditions contained in Statutory Rule and Order No. 13 of 1930 shall be deemed to be carriage of that merchandise under terms and conditions which are just and reasonable.
(c) Unless otherwise specified in writing by the Board, all merchandise carried by the Board by rail shall be deemed to be carried subject to the terms and conditions contained in Statutory Rule and Order No. 13 of 1930.
Abandonment of a railway line by the Board.
21.—(1) In this section—
the expression “road authority” has the same meaning as in the Local Government Act, 1946 (No. 24 of 1946);
the expression “railway line” includes a section of railway line; the expression “public road” means any road which a road authority is under a statutory obligation to maintain.
(2) (a) Where—
(i) an order has been made under section 9 of the Railways Act, 1933 (No. 9 of 1933), authorising the termination of all train services run over a specified railway line owned or operated by the Board, or
(ii) an order has been made under section 55 exempting the Board from the obligation to operate a service of trains over a specified railway line or to restore any service of trains over a specified railway line which has been temporarily discontinued under the Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (S. R. & O., No. 354 of 1944), and the order relates to all services of trains over that specified railway line and is not expressed to be in operation for a specified period,
then, the Board may, subject to this subsection, by order (in this section referred to as an abandonment order) declare its intention of abandoning that railway line.
(b) An abandonment order shall operate as an authority to the Board to abandon the railway line to which the order relates.
(c) The Board shall not make an abandonment order in relation to a railway line, unless at least one month before making the order, the Board—
(i) has published, in the Iris Oifigiúil and in such newspapers, circulating in the district in which the railway line is situate, as the Board thinks proper, notice of its intention to make the order, and
(ii) has served a notice of its intention to make the order on every road authority within whose functional area the railway line is situate.
(d) Every abandonment order shall specify the date on which it is to come into force.
(3) Where an abandonment order has been made in relation to a railway line, the following provisions shall have effect, that is to say:—
(a) where the railway line has been carried over a public road by means of a bridge which the Board was, immediately before the date (in this subsection referred to as the operative date) on which the order comes into force, under a liability to maintain—
(i) the Board shall, for the purposes of this paragraph, appoint a date (in this paragraph referred to as the appointed date) which shall not be earlier than twelve months after the operative date,
(ii) the Board and the road authority, charged with the maintenance of the public road, may, before the appointed date, enter into an agreement for the removal or other method of dealing with the bridge (including, if necessary, either the restoration of the public road to like or other equally convenient state as it was in before it was interfered with by the makers of the railway line or the diversion of the public road) upon such terms and conditions as the parties thereto think fit, and, in that case, the liability (except such (if any) as may be imposed by the agreement) of the Board to maintain the bridge shall cease upon the execution of the agreement.
(iii) if no such agreement is so executed, but the Board removes the superstructure of the bridge before the appointed date, then—
(I) the liability of the Board to maintain the bridge shall cease as on and from the date of removal, and
(II) the road authority shall, as on and from the date of removal, be liable to maintain so much of the bridge as remains after the removal of the superstructure, and
(III) the Board shall pay to the road authority compensation for any expenses which the road authority may incur by reason of the liability so imposed on them;
(iv) if no such agreement is so executed and if the superstructure of the bridge is not so removed, then—
(I) the liability of the Board to maintain the bridge shall cease on the appointed date, and
(II) the road authority shall, as on and from the appointed date, be liable to maintain the bridge, and
(III) the Board shall pay to the road authority compensation for any expenses which the road authority may incur by reason of the liability so imposed on them;
(b) where a public road has been carried over the railway line by means of a bridge which the Board was, immediately before the operative date, under a liability to maintain—
(i) the Board shall, for the purposes of this paragraph, appoint a date (in this paragraph referred to as the appointed date) which shall not be earlier than twelve months after the operative date,
(ii) the Board and the road authority charged with the maintenance of the public road may, before the appointed date, enter into an agreement for the removal or other method of dealing with the bridge (including, if necessary, either the restoration of the public road to like or other equally convenient state as it was in before it was interfered with by the makers of the railway line or the diversion of the public road) upon such terms and conditions as the parties thereto think fit, and, in that case, the liability (except such (if any) as may be imposed by the agreement) of the Board to maintain the bridge shall cease upon the execution of the agreement,
(iii) if no such agreement is so executed, then—
(I) the liability of the Board to maintain the bridge shall cease on the appointed date, and
(II) as on and from the appointed date, the road authority shall be liable to maintain the bridge, and
(III) the Board shall pay to the road authority compensation for any expenses which the road authority may incur by reason of the liability so imposed on them,
(iv) references in this paragraph to the liability to maintain a bridge shall, in case the Board was immediately before the operative date under a liability to maintain any approaches (including the surface of a road, pavements, earthworks, fences, drains or works) to the bridge, be construed as references to the liability to maintain the bridge and those approaches;
(c) if the railway line crosses on the level any public road, the Board shall, as soon as conveniently may be, remove the rails and do all such other things as may be necessary to render that part of the said public road on which the railway line crossed fit and safe for use by the public, and thereupon the liability of the Board to maintain the said part in repair shall cease;
(d) the liability, imposed on the Board by section 68 of the Railways' Clauses Consolidation Act, 1845, to maintain any works (other than bridges, arches or culverts over or under the railway line) of the kind mentioned in the said section 68 made, in pursuance of that section, for the accommodation of owners and occupiers of land adjoining the railway line shall as from the operative date cease, but the Board shall pay to any owner or occupier of land adjoining the railway line for the accommodation of whom any such works were made in pursuance of the said section 68 and which the Board was immediately before the operative date liable to maintain, compensation for all such injury or damage (if any) as he may sustain by reason of the cesser of the liability of the Board to maintain those works;
(e) where any structure (being a bridge, arch or culvert which the Board was immediately before the operative date liable to maintain) was, in pursuance of section 68 of the said Railways' Clauses Consolidation Act, 1845, made over or under the railway line for the accommodation of owners and occupiers of land adjoining the railway line—
(i) if the Board, before the expiration of the period of twelve months commencing on the operative date, commence the following works, namely, the replacement of the said structure by a crossing on the level over the site of the abandoned railway and the rendering of the said crossing fit and safe for use, then, as from the completion of the said works, the liability of the Board shall cease and it shall not thereafter be under any obligation to maintain the said crossing in repair,
(ii) if the Board does not before the expiration of the said period commence the said works—
(I) the Board shall as on and from the expiration of the said period cease to be liable to maintain the said structure,
(II) the Board shall pay to any owner or occupier of the land adjoining the railway line for the accommodation of whom the said structure was made compensation for all such injury or damage (if any) as he may sustain by reason of the cesser of the liability of the Board to maintain the said structure,
(iii) where, immediately before the operative date, a right of way was exercisable over the said structure—
(I) in case the Board, before the expiration of the period referred to in subparagraph (i) of this paragraph, commences the works referred to in the said subparagraph (i), then, as from the completion of the said works, a right of way similar to that which was exercisable over the said structure shall, by virtue of this subparagraph, be exercisable over the said crossing, and any person for the time being entitled thereto may do all such things as are reasonably necessary for keeping the said crossing fit and safe for use,
(II) in any other case, the right of way over the said structure shall continue to be exercisable, and any person for the time being entitled thereto may do all such things as are reasonably necessary for keeping the said structure fit and safe for use.
(4) Where compensation is payable by the Board to any person under this section—
(a) the amount thereof shall, in default of agreement, be determined by an arbitrator to be appointed by the Minister,
(b) the Minister shall, with the consent of the Minister for Finance, fix the remuneration of the said arbitrator and such remuneration shall be paid by the Board.
(5) The arbitrator appointed to determine the compensation payable by the Board to any person under this section may having regard (amongst other matters) to any unconditional offer of compensation made by the Board and not accepted by that person or to any unconditional offer by that person, to accept a certain sum as compensation and not accepted by the Board by his award and at his discretion—
(a) direct the Board to pay a sum (to be measured by the arbitrator) towards the costs and expenses of that person, or
(b) direct that person to pay a sum (to be measured by the arbitrator) towards the costs and expenses of the Board, or
(c) direct the Board and that person respectively to abide their own costs and expenses.
(6) The Abandonment of Railways Act, 1850, shall not apply to any railway line in respect of which an abandonment order is made.
(7) Where an abandonment order has been made in respect of any railway line, the Board may sell the land under and adjoining such line either by private treaty to the owner of the land on both sides of such line or by public auction to any person, including such owner.
(8) The functions of a road authority under this section shall—
(a) in case the road authority is the corporation of a county borough, be a reserved function for the purposes of the enactments relating to that corporation,
(b) in any other case, be a reserved function for the purposes of the County Management Acts, 1940 and 1942.
Power of the Board to make bye laws.
22.—(1) The Board may make bye-laws for all or any of the following purposes:—
(a) for regulating the times of arrival and departure of its vehicles or craft;
(b) for regulating the loading and unloading of its vehicles or craft and, subject to any statutory provisions in that behalf, the weights which its vehicles and craft are to carry;
(c) for regulating the receipt and delivery of merchandise and other things which are to be carried on its vehicles or craft;
(d) for preventing the commission of nuisances in or upon its vehicles or craft or the stations, depots or other premises occupied by the Board;
(e) for maintaining order in and regulating the use of the stations, depots or other premises occupied by the Board and the approaches thereto;
(f) for any purpose for which either dissolved undertaker had, immediately before the establishment date, power to make bye-laws;
(g) for providing for the safe custody and re-delivery or disposal of any property found on or in any premises, vessels or vehicles belonging to the Board and for fixing the charges to be made by the Board in respect thereof;
(h) generally for regulating, subject to any statutory provisions in that behalf, the travelling upon or using of its vehicles or craft and the working of the transport services provided by the Board.
(2) The Board shall submit to the Minister for confirmation any bye-laws made by it under this section, and thereupon the following provisions shall have effect:—
(a) the Board shall, as soon as conveniently may be after the submission, publish a notice of the submission at least once in each of two successive weeks in each of the daily morning newspapers published in and circulating in the State;
(b) the notice shall include—
(i) a statement of the purposes for which the bye-laws are made, and
(ii) an intimation that a copy of the bye-laws is open for public inspection at the principal office in the State of the Board, and
(iii) an intimation that any person may submit to the Minister objections to the confirmation of the bye-laws at any time during the period of thirty days commencing on the date of the first publication of the notice;
(c) the Board shall, during the said period of thirty days, keep a copy of the bye-laws open for public inspection during ordinary office hours at its principal office aforesaid;
(d) any person who objects to the confirmation of the bye-laws may, at any time during the said period of thirty days, submit his objections in writing to the Minister;
(e) the Minister shall, as he thinks proper, refuse to confirm the bye-laws or by order confirm the bye-laws without modification or with such modifications as he thinks proper and inserts in the bye-laws, but, if he approves (with or without modification) of the bye-laws he shall not do so until the expiration of the said period of thirty days and until he has considered any objections to the confirmation submitted to him during that period.
(3) Bye-laws made by the Board under this section shall come into operation if, but only if, they are confirmed by order under this section, and if they are so confirmed, the day on which they shall come into operation shall be the day specified in that behalf in the order confirming them.
(4) Where a person contravenes a provision of bye-laws made under this section which is stated in the bye-laws to be a penal provision, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(5) Bye-laws made under this section which have been confirmed by order under this section shall be published in such manner as the Minister may direct.
(6) Bye-laws made under this section shall not prejudice or affect the operation of any bye-laws made under or in pursuance of any statutory provisions by any harbour or sanitary authority.
(7) A document which purports to be a copy of bye-laws made under this section and which has endorsed thereon a certificate (purporting to be signed by an officer of the Board authorised in that behalf) stating that the document is a true copy of the bye-laws and that the bye-laws were in force on a specified date shall, without proof of the signature of such officer or that he was in fact such officer or was so authorised, be evidence (until the contrary is proved) in every court and in all legal proceedings of the bye-laws and of the fact that they were in force on the date so specified.
(8) (a) In this subsection the expression “former transport company” means any company being—
(i) an absorbed company or an amalgamated company, within the meaning of the Railways Act, 1924 (No. 29 of 1924),
(ii) a dissolved company, within the meaning of the Act of 1944, or
(iii) either dissolved undertaker.
(b) All bye-laws made by any former transport company and which are in force immediately before the establishment date shall, on and after the establishment date, continue in force and be deemed to have been made under this section and shall be capable of being amended or revoked by bye-laws made under this section.
(9) Every order 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 annulling the order is passed by either House of the Oireachtas within the next twenty-one days upon which that House has sat after the order has been laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(10) Section 127 of the Road Traffic Act, 1933 (No. 11 of 1933), shall not apply to property left in public service vehicles owned or operated by the Board.
PART IV.
Transfer to the Board of undertakings of Coras Iompair Eireann (1945) and the Grand Canal Company and Provisions enabling certain other transport undertakings to be transferred to the Board.
Chapter I.
Transfer to the Board of undertakings of Córas Iompair Éireann (1945) and the Grand Canal Company and compensation to holders of certain securities of those bodies.
Transfer to the Board of undertakings of dissolved undertakers.
23.—(1) On the establishment date the undertaking of each dissolved undertaker shall, by virtue of this section, be transferred to and stand vested in the Board.
(2) The transfer effected by this section shall extend to the whole of the undertaking of each dissolved undertaker, including all lands, works, and other property, assets, powers, rights and privileges held or enjoyed in connection therewith or appertaining thereto.
(3) (a) Subject to the provisions of this Act the Board may exercise and enforce all rights, powers and privileges which were, immediately before the establishment date, vested in either dissolved undertaker.
(b) The Board shall not by virtue of this subsection be entitled to exercise any powers of raising money which immediately before the establishment date were exercisable by either dissolved undertaker.
(4) (a) Subject to the provisions of this Act the Board shall, to the exclusion of either dissolved undertaker, be subject to all liabilities whether arising by statute or otherwise, to which that dissolved undertaker was subject immediately before the establishment date.
(b) The Board shall not by virtue of this subsection be subject to any liability in respect of any security of either dissolved undertaker in substitution for which transport stock is issued under this Act.
(5) (a) On the establishment date, every licence to which this subsection applies and which was immediately before the establishment date held by either dissolved undertaker shall, by virtue of this Act, be transferred to the Board and shall, on and after the establishment date, have effect as if the name of the Board were substituted therein for that of such dissolved undertaker.
(b) This subsection applies to—
(i) any licence taken out under section 13 of the Finance Act, 1920, in respect of a mechanically propelled vehicle,
(ii) any passenger licence granted under the Road Transport Act, 1932 (No. 2 of 1932),
(iii) any merchandise licence granted under the Road Transport Act, 1933 (No. 8 of 1933),
(iv) any public service vehicle licence granted under the Road Traffic Act, 1933 (No. 11 of 1933).
Extinguishment of certain securities of dissolved undertakers.
24.—On the establishment date the several securities of the dissolved undertakers mentioned in column (2) of the Third Schedule to this Act shall, by virtue of this section, be extinguished.
Compensation to holders of certain securities of dissolved undertakers.
25.—(1) (a) Subject to paragraph (b) of this subsection, each person, who was immediately before the establishment date the registered holder of any security described in column (2) of the Third Schedule to this Act at a particular reference number, shall, for each one hundred pounds of that security held by him, become and be, by virtue of this subsection, the registered holder of the amount, set out in column (4) of the said Schedule at that reference number, of the transport stock mentioned in column (3) of the said Schedule at that reference number, and so in proportion for amounts greater or less than one hundred pounds, in lieu of and in exchange for the amount of that security held by him.
(b) No person shall, by the operation of paragraph (a) of this subsection, be entitled to the issue of a fractional part of a pound of transport stock and, where but for this paragraph, a person would be so entitled, the Board shall pay him in cash the par value of the fractional part.
(2) The transport stock mentioned in column (3) of the Third Schedule to this Act is in this Act referred to as substituted transport stock.
Chapter II.
Provisions Enabling Certain Other Transport Undertakings to be Transferred to the Board.
Arrangements for voluntary acquisition and operation of transport undertakings.
26.—(1) Subject to the provisions of this section, the Board and any person (in this section referred to as the transferor) carrying on any transport undertaking wholly or partly within the State or providing transport facilities outside the State in connection with transport facilities within the State may, with the approval of the Minister and notwithstanding anything to the contrary contained in any enactment, deed or instrument, enter into an arrangement providing for the acquisition or operation or the acquisition and operation by the Board on such terms as may be agreed upon of the whole of the undertaking of the transferor or such part of that undertaking as may be specified in the arrangement.
(2) An arrangement under subsection (1) of this section shall not come into operation unless and until it has been confirmed by resolution of each House of the Oireachtas, but shall as from the date of the passing of the later of such resolutions have statutory effect, and as from that date the Board and the transferor shall have all such powers as may be necessary for carrying the arrangement into effect.
(3) An arrangement under subsection (1) of this section may, without prejudice to anything contained in subsection (1) or (2) of this section—
(a) provide for the payment by the Board of such consideration (whether in cash or otherwise) in respect of the vesting in the Board of the whole or such part of the undertaking as may be specified in the arrangement and may for the purposes of such vesting or of the payment or distribution of such consideration or otherwise for the purposes of giving effect to the arrangement, apply to the transferor and to the undertaking of the transferor with such modifications and exceptions as may be specified in the arrangement, any of the provisions of this Act relating to or affecting either dissolved undertaker or the Board or the undertaking of that dissolved undertaker or of the Board,
(b) include provisions transferring and, where part only of an undertaking is to be acquired or operated by the Board, apportioning or severing rights, powers, liabilities, obligations and duties,
(c) adapt, modify or repeal any statutory provision, contract, deed or other instrument whatsoever relating to any relevant part of the undertaking of the transferor,
(d) make any incidental, supplemental or transitional provision in connection with the arrangement.
(4) An arrangement under subsection (1) of this section, if and in so far as it affects any rights of the Minister for Posts and Telegraphs, shall be made with the consent of that Minister.
(5) An arrangement under subsection (1) of this section may be supplemented or modified by a supplemental arrangement made and confirmed in like manner as the original arrangement.
Transfer to the Board of certain functions of the Minister and the Commissioners of Public Works in Ireland under the Shannon Acts, 1839 to 1885.
27.—(1) In this section—
the expression “the Acts” means the Shannon Acts, 1839 to 1885, as amended or adapted by or under subsequent enactments;
the expression “the Commissioners” means the Commissioners of Public Works in Ireland;
the word “functions” includes powers and duties;
the word “property” means lands, tenements, hereditaments, works and all other property (including securities and choses in action) of every kind whatsoever.
(2) The Government may by order transfer to the Board all or any of the functions conferred or imposed by the Acts or otherwise on the Minister or the Commissioners in relation to the care and conservancy of the navigation or 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 in relation either to the whole or any particular parts of the said river or any tributary thereof.
(3) (a) Where any functions are transferred to the Board by an order under this section, the Government may by the same or any subsequent order transfer to and vest in the Board all or any part of the property which immediately before the making of the order was vested in or held by the Commissioners under the Acts or otherwise and used by them for the purpose or in connection with the exercise or performance of the functions so transferred or for the purpose of providing revenue for the exercise or performance of the functions so transferred.
(b) A transfer of property made by virtue of this subsection shall not extend to—
(i) the several eel weir fisheries in the River Shannon comprising one weir at Athlone and two weirs at Castleconnel, as shown in the rental property book in the Shannon Navigation Office, and all weirs and works connected with same and the right of fishing therein, or
(ii) the several eel weir fishery in the River Shannon at Killaloe, as shown in the said rental property book, and the weir and works connected with the said fishery.
(c) Where any property is transferred to the Board under this subsection that property shall vest in the Board for all the estate or interest therein which immediately before the transfer was vested in the Commissioners or belonged to the State.
(4) (a) Whenever any functions are transferred to the Board by an order under this section the Government may by the same or any subsequent order transfer from the service of the Commissioners to that of the Board any person employed by the Commissioners in relation to or for the purpose of the exercise and performance of those functions.
(b) Every person transferred to the service of the Board under this subsection shall thereupon become and be an officer or 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 the transfer and shall for the purposes of such superannuation, pension or gratuity (if any) be entitled to reckon his period of service with the Commissioners as service with the Board.
(c) An order under this section may apply, in relation to any person transferred under this subsection to the service of the Board, the provisions of section 38 with such modifications as may be specified in the order.
(5) Whenever any functions are transferred to the Board by an order under this section, the Government may by the same or any subsequent order impose on the Board the obligation to pay as from the date of the order any pension which at that date is payable by the Commissioners to a person formerly employed by the Commissioners in relation to or for the purposes of those functions and thereupon the Board shall become and be liable to indemnify the Commissioners against any liability in respect of the pension as from the date of the order.
(6) Whenever any functions are transferred to the Board by an order under this section, the Government may by the same or any subsequent order, do all or any of the following things:—
(a) make such adaptations of and modifications in the provisions of the Acts in their application to the Board as the Government think proper,
(b) if the functions transferred by the order include the making of any instruments (being rules, orders, regulations and bye-laws) under section 56 of the Shannon Act of 1839—
(i) provide that so much of the said section 56 as relates to the confirmation of those instruments shall not apply to any of those instruments made by the Board under the said section 56;
(ii) apply to any of those instruments made by the Board under the said section 56 any of the provisions of section 22.
(7) An order under this section may contain such ancillary and supplemental provisions as the Government think necessary for giving full effect to the order.
PART V.
Finance.
Borrowing powers of the Board.
28.—(1) (a) Subject to the provisions of this subsection, the Board may from time to time borrow temporarily by arrangement with bankers such sums as it may require for meeting its obligations and carrying out its duties.
(b) The Board shall not, except with the previous consent of the Minister given with the approval of the Minister for Finance, so exercise its powers under paragraph (a) of this subsection that its total indebtedness in respect of temporary borrowing exceeds at any one time five hundred thousand pounds.
(c) The Board shall not in any case so exercise its powers under paragraph (a) of this subsection that its total indebtedness in respect of temporary borrowing exceeds at any one time one million pounds.
(2) (a) The Board may, with the previous consent of the Minister given with the approval of the Minister for Finance, borrow money from time to time by the issue of stock for all or any of the following purposes—
(i) the provision of money for meeting any expenses incurred in connection with any permanent work the cost of which is properly chargeable to capital,
(ii) the redemption of any transport stock,
(iii) the acquisition of any other transport undertaking,
(iv) any other purpose for which capital moneys are properly applicable.
(b) The total amount of money borrowed under subparagraphs (i) and (iv) of paragraph (a) of this subsection shall not exceed seven million pounds.
(c) In calculating for the purposes of paragraph (b) of this subsection the total amount of money borrowed, account shall be taken of any moneys borrowed which have been repaid.
Transport stock.
29.—(1) Substituted transport stock shall be deemed to have been duly created and issued by the Board on the establishment date.
(2) The Board may from time to time create and issue any stock required for the purpose of exercising its powers under subsection (2) of section 28.
(3) Stock created and issued by the Board under subsection (1) or (2) of this section is in this Act referred to as transport stock.
(4) The provisions set out in column (5) of the Third Schedule to this Act shall apply in relation to the interest on and the redemption of the substituted transport stock set out in column (3) of that Schedule.
(5) Transport stock (other than substituted transport stock) shall be created and issued subject to such terms and conditions as regards the rate and payment of interest thereon and the redemption thereof as the Minister for Finance may approve.
(6) The Minister, after consultation with the Minister for Finance, may make regulations in relation to—
(a) the registration of transport stock,
(b) certificates of transport stock,
(c) the transfer and transmission of, and other dealings with, transport stock,
(d) the closing of registers of transport stock during specified periods,
(e) the fees to be payable in respect of the transfer, transmission of, and other dealings with transport stock,
and such regulations may, in relation to transport stock, apply, with or without modification, any enactment relating to stock issued by the Government or a local authority.
(7) Notwithstanding anything contained in regulations made under subsection (6) of this section, the following provisions shall apply in any case in which, by virtue of section 25, any person, being the registered holder of a particular security of a dissolved undertaker, becomes instead the registered holder of any particular substituted transport stock—
(a) if that person delivers to the Board for cancellation the certificate relating to that security, the Board shall issue to him free of charge the certificate relating to that substituted transport stock,
(b) if that person satisfies the Board that the certificate relating to that security has been lost or destroyed and gives to the Board such indemnity as it may reasonably require against claims in respect thereof, the Board shall issue to him free of charge the certificate relating to that substituted transport stock,
(c) until a certificate relating to that substituted transport stock is so issued, the certificate relating to that security shall be deemed to be the certificate relating to the substituted transport stock.
(8) Transport stock shall be personal estate and transmissible as such, and shall not be of the nature of real estate.
State guarantee of temporary borrowings and transport stock.
30.—(1) (a) The Minister for Finance may guarantee, in such manner and form and on such terms and conditions as he thinks fit, the due repayment by the Board of any moneys borrowed by the Board under subsection (1) of section 28.
(b) The Minister for Finance shall not so exercise the powers conferred on him by this subsection that the amount, or the aggregate amount, of principal which he may at any one time be liable to repay on foot of any guarantee or guarantees under this subsection for the time being in force, together with the amount of principal (if any) which the said Minister has previously paid on foot of any guarantee under this subsection and has not been repaid by the Board, exceeds five hundred thousand pounds.
(2) The Minister for Finance shall, in respect of substituted transport stock or in respect of any other transport stock proposed to be created and issued, guarantee in such manner and in such form as he thinks proper, the due payment, in accordance with the terms of such transport stock, of the principal and interest secured by such transport stock.
(3) All moneys from time to time required by the Minister for Finance to meet sums which may become payable under any guarantee given by him under this section shall be advanced out of the Central Fund or the growing produce thereof.
(4) For the purpose of providing moneys for advances out of the Central Fund under this section the Minister for Finance may borrow from any person any sum or sums, and for the purpose of such borrowing the said Minister may create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit, and shall pay the moneys so borrowed into the Exchequer.
(5) The principal of and interest on any securities issued by the Minister for Finance under this section and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof.
(6) Any advances out of the Central Fund or the growing produce thereof for the purpose mentioned in subsection (3) of this section shall be repaid to the Central Fund (with interest thereon at such rates as the Minister for Finance shall appoint) by the Board within twelve months from the date of the advance.
(7) Where the whole or any part of the advances out of the Central Fund or the growing produce thereof for the purpose mentioned in subsection (3) of this section has not been repaid by the Board to the Central Fund in accordance with subsection (6) of this section, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.
(8) The provision of moneys by the Oireachtas under subsection (7) of this section shall not exempt the Board from the liability to repay to the Central Fund, with interest thereon at the rate appointed by the Minister for Finance, the full amount of any advance made under subsection (3) of this section, and such repayment shall be made by the Board at such times and in such instalments as the Minister for Finance may appoint.
Laying of particulars of guarantees before Houses of the Oireachtas.
31.—The Minister for Finance shall, as soon as may be after the expiration of each financial year, ending on or after the 31st day of March, 1951, lay before each House of the Oireachtas a statement, in such form as he thinks proper, setting out—
(a) as respects each guarantee given by him under section 30, during such financial year—
(i) particulars of the guarantee,
(ii) in case any sum has been paid by him under the guarantee before the end of such financial year—
(I) the amount thereof,
(II) the amount (if any) repaid under subsection (6) of section 30 to the Central Fund on foot of such payment,
(iii) the amount which the said Minister would, if the guarantee were enforced immediately upon the expiration of such financial year, be liable to pay as principal thereunder,
(b) as respects each guarantee given by him under section 30 before, and in force at, the commencement of such financial year—
(i) particulars of the guarantee,
(ii) in case any sum has been paid by him under such guarantee before the end of such financial year—
(I) the amount thereof,
(II) the amount (if any) repaid under subsection (6) of section 30 to the Central Fund on foot of such payment,
(iii) the amount which the said Minister would, if such guarantee were enforced immediately upon the expiration of such financial year, be liable to repay as principal thereunder.
Unclaimed interest on transport stock.
32.—All interest on transport stock unclaimed for one year after having become due may be invested or otherwise dealt with by the Board for the benefit of the Board until claimed.
Redemption Fund.
33.—(1) After providing for the payment of interest on transport stock and for other fixed charges and obligations, the Board shall from time to time set aside such sums as it considers proper for the purpose of forming a fund for the redemption of any transport stock which under the conditions of issue is redeemable wholly or partly in cash.
(2) The Board may invest any sums set aside under subsection (1) of this section and the income therefrom in—
(a) such securities for the time being authorised by law for the investment of trust funds as the Board, after consultation with the Minister for Finance, thinks proper;
(b) such other securities for the time being approved of in that behalf by the Minister for Finance as the Board thinks proper.
(3) (a) All sums set aside under subsection (1) of this section together with the income therefrom shall be applied in or towards the redemption at maturity of any transport stock for the redemption of which they have been set aside or may, if the Board thinks fit, be applied to the purchase of any such transport stock and any transport stock so purchased shall be written off and cancelled.
(b) Except with the approval of the Minister for Finance, the Board shall not under this subsection purchase any transport stock at a price exceeding the sum of the following—
(i) the redemption price of the transport stock, and
(ii) any interest accrued due on the transport stock at the date of purchase and payable to the purchaser.
Accounts and audit.
34.—(1) (a) The Board shall keep all proper and usual accounts of all moneys received or expended by it, including a capital account, revenue account, profit and loss account, and a balance sheet, and in particular shall keep all such special accounts as the Minister on his own motion or at the request of the Minister for Finance shall from time to time direct.
(b) the Minister, after consultation with the Minister for Finance, may direct the form in which the Board's accounts are to be kept.
(2) (a) The accounts of the Board shall in each year be audited by an auditor or auditors to be appointed annually by the Board with the consent of the Minister.
(b) The fees of an auditor appointed under this subsection and the expenses of the audit shall be paid by the Board.
(3) Immediately after every audit under this section the Board shall send to the Minister a copy of the accounts as passed by the auditor or auditors together with a copy of any report thereon by the auditor or auditors.
(4) The Minister shall cause a copy of the accounts and any report furnished to him under subsection (3) of this section to be laid before each House of the Oireachtas.
(5) The Board shall compile and render to the Minister in such manner and form as he may direct such accounts, statistics and returns as he may from time to time require.
PART VI.
Staff of the Board.
Appointment of officers and servants of the Board.
35.—(1) The Board shall appoint a general manager and a secretary and such other officers and servants as the Board may determine, and their remuneration shall be paid by the Board out of funds at its disposal.
(2) (a) Save as is hereinafter provided in this subsection, entry to the clerical grades of the service of the Board shall be by means of open competitive examination in accordance with rules made by the Board.
(b) Irish shall be a compulsory subject at every open competitive examination held in pursuance of this subsection.
(c) Every open competitive examination held in pursuance of this subsection shall be open to all persons who are ordinarily resident within the national territory or who are Irish citizens or the children of Irish citizens and who pay the fees and possess the qualifications as to age, health and character prescribed by the rules relating to the examination.
(d) The Board may by special rules provide that such proportion as may be approved by the Minister of the vacancies in the clerical grades of its service shall be filled by means of limited competitive examinations, and where an examination is so limited only persons in or who have been in the employment of a dissolved company within the meaning of the Act of 1944, a dissolved undertaker, the Board, or any other transport undertaker whose undertaking has been acquired by the Board under this Act or the children of such persons shall be admitted thereto.
(e) Any regulations or special regulations, which were made by Córas Iompair Éireann (1945) under section 47 of the Act of 1944 or deemed, by virtue of subsection (5) of the said section 47, to have been made by Córas Iompair Éireann (1945) under the said section 47 and which were in force immediately before the establishment date, shall continue in force and apply to the Board and be deemed to be rules made by the Board under this subsection.
Transfer of officers and servants of dissolved undertakers.
36.—Every person who immediately before the establishment date was an officer or servant of either dissolved undertaker shall as from the establishment date be transferred to and become an officer or servant of the Board.
Meaning in sections 38, 39 and 40 of suffering a worsening of conditions of service by an officer or servant of the Board.
37.—For the purposes of sections 38, 39 and 40—
(a) an officer or servant of the Board, shall be deemed to suffer a worsening of his conditions of service as an officer or servant of the Board if, by reason of the transfer effected by section 36 or, in case he is transferred, without his consent, by the Board from one position to another in its service, by reason thereof he suffers any direct pecuniary loss or is in a worse position in respect of the conditions of his service as a whole (including tenure of office or employment, remuneration, gratuities, superannuation, sick fund or other benefits or allowances, whether obtaining legally or by customary practice and whether applicable to himself or his widow or children or other dependants) as compared with those obtaining in respect of him before the transfer;
(b) an officer or servant of the Board who is transferred by the Board from one position in its service to another, shall be deemed to suffer a worsening of his conditions of service as an officer or servant of the Board if he is required by the Board to perform in the position to which he is so transferred duties which are not analogous to or are an unreasonable addition to those which before the transfer he was required to perform in the position from which he was so transferred.
Provisions in relation to certain officers and servants of dissolved undertakers.
38.—(1) In this section—
the expression “person to whom this section applies” means a person—
(a) who becomes, by virtue of section 36 an officer or servant of the Board, and
(b) who either—
(i) was, immediately before the establishment date, employed by either dissolved undertaker in a permanent capacity, or
(ii) had, except for casual interruptions of employment caused by emergency conditions, been employed by either dissolved undertaker during the whole of the three years ending on the day immediately preceding the establishment date;
the word “redundancy” means redundancy existing immediately before the establishment date or resulting from the transfer effected by Chapter I of Part IV.
(2) The services of a person to whom this section applies shall not be dispensed with by the Board on the ground of redundancy.
(3) Where a person to whom this section applies suffers a worsening of his conditions of service by reason of:—
(a) the transfer effected by section 36, or
(b) his transfer, on the grounds of redundancy, from one position in the service of the Board to another,
he shall be paid by the Board compensation consisting of a lump sum of such amount as is reasonable.
(4) Where the Board is unable to offer to a person (being a person to whom this section applies and whose retention in its service is unnecessary on the ground of redundancy) suitable alternative employment in its service, then, notwithstanding anything contained in this section, his services may be dispensed with by the Board and, in that case, he shall be paid by the Board compensation calculated in the manner set out in the Fourth Schedule to this Act.
Compensation of certain officers and servants of the Board whose services are dispensed with or who are transferred to other positions consequential upon the cesser of train services.
39.—Whenever the Board under section 55 ceases to provide a service of trains and as a consequence thereof the retention of any officer or servant of the Board (being an officer or servant who was employed in a permanent capacity at the date of cesser or who had served continuously with the Board or either dissolved undertaker for a period of not less than three years ending on that date) in the position which he held before such cesser becomes unnecessary, the following provisions shall have effect—
(1) if the Board dispenses with his services, he shall be paid by the Board compensation calculated in the manner set out in the Fourth Schedule to this Act,
(2) if—
(a) the Board transfers him to another position in its service, and
(b) he thereby suffers a worsening of his conditions of service as an officer or servant of the Board,
he shall be paid by the Board compensation consisting of a lump sum of such amount as is reasonable.
Compensation to certain officers and servants of the Board whose services are dispensed with or who are transferred to other positions consequential upon cesser or reduction of services by inland waterway.
40.—Whenever the Board ceases to provide or permanently reduces any services for the carriage of merchandise by inland waterway, and as a consequence thereof the retention of any officer or servant of the Board (being an officer or servant who was employed in a permanent capacity at the date of cesser or reduction or who had served continuously with the Board or either dissolved undertaker for a period of not less than three years ending on that date) in the position which he held before such cesser or reduction becomes unnecessary, the following provisions shall have effect:—
(1) if the Board dispenses with his services, he shall be paid by the Board compensation calculated in the manner set out in the Fourth Schedule to this Act.
(2) if—
(a) the Board transfers him to another position in its service, and
(b) he thereby suffers a worsening of his conditions of service as an officer or servant of the Board,
he shall be paid by the Board compensation consisting of a lump sum of such amount as is reasonable.
Determination of disputes in relation to compensation under section 38, 39 or 40.
41.—If any dispute or difference arises between the Board and any person entitled to or claiming to be entitled to compensation under section 38, 39 or 40 as to whether he is or is not entitled to such compensation or as to the amount or method of calculation of such compensation or as to any matter arising under the Fourth Schedule to this Act, such dispute or difference shall, on the application of the Board or such person, be referred to the standing arbitrator appointed under section 43, and the decision of the standing arbitrator shall be final.
Commutation of part of annual sums by way of compensation under section 38, 39 or 40.
42.—Any person who is in receipt of an annual sum by way of compensation under section 38, 39 or 40 may, within one year from the date on which the annual sum is fixed, apply to the Board to commute not more than one-fourth of the annual sum by the payment of a capital sum, and thereupon the following provisions shall have effect—
(a) the Board shall not unreasonably refuse the application;
(b) if the Board refuses the application the applicant may, within one month after the Board has notified the applicant of such refusal, appeal to the standing arbitrator, who shall hear and determine the appeal, and the decision of the standing arbitrator shall be final;
(c) where the Board grants the application or, on the refusal of the application by the Board, the standing arbitrator, on appeal, decides it should be granted—
(i) the Board shall, after the capital sum to be paid by way of commutation has been calculated, inform the applicant of the amount thereof and the applicant may, within one month after being so informed, withdraw his application,
(ii) if the applicant does not so withdraw his application, the Board shall pay to the applicant the said capital sum by way of commutation of the said part of the said annual sum;
(d) the said capital sum to be paid by way of commutation shall be such sum as would, on the date of the application, purchase, from such assurance company (being an assurance company licensed under the Insurance Act, 1936 (No. 45 of 1936)) as the Board may select, an immediate life annuity payable to the applicant equal to the annual amount of the said part of the said annual sum, the applicant's age for this purpose being reckoned at the age he will attain on his birthday next following the date of the application.
The standing arbitrator.
43.—(1) The Chief Justice, whenever so requested by the Minister, shall appoint a person to be standing arbitrator for the purposes of sections 41 and 42, and shall fix the fees to be paid to that person in respect of any dispute or difference referred to him under section 41 or any appeal to him under section 42.
(2) The fees payable to the standing arbitrator shall be paid by the Board.
(3) The standing arbitrator—
(a) may administer oaths,
(b) may in his discretion award costs, direct to and by whom and in what manner those costs or any part thereof shall be paid, measure the amount of those costs and require security for costs to be given to his satisfaction by any party at any stage of the proceedings before him,
(c) may do all or any of the following things—
(i) summon witnesses to attend before him,
(ii) examine on oath any witness attending before him,
(iii) require any such witness to produce any document in his power, procurement or control which the arbitrator considers necessary,
(d) may at any time correct any clerical mistake or error in an award arising from any accidental slip or omission,
(e) may, at the request of either party to proceedings before him, hear the proceedings in open court.
(4) A witness before the standing arbitrator shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
(5) If any person—
(a) on being duly summoned as a witness before the standing arbitrator makes default in attending, or
(b) being in attendance as a witness refuses to take an oath legally required by the standing arbitrator to be taken, or to produce any document in his power, procurement or control legally required by the standing arbitrator to be produced by him, or to answer any question to which the standing arbitrator may legally require an answer,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
(6) (a) The decision of the standing arbitrator on any question of fact shall be final, but the standing arbitrator may state, at any stage of the proceedings, in the form of a special case for the opinion of the High Court, any question of law arising in the course of the proceedings and may state his award as to the whole or part thereof in the form of a special case for the opinion of the High Court.
(b) The following provisions shall apply in relation to any special case stated for the opinion of the High Court under paragraph (a) of this subsection—
(i) the Board shall pay the costs of all parties thereto,
(ii) the decision of the High Court shall not be subject to appeal.
Superannuation schemes.
44.—(1) The Board may prepare and submit to the Minister and shall, if so required by the Minister, submit to the Minister within such time as he may direct, a scheme (in this section referred to as a superannuation scheme) for establishing on a contributory basis a superannuation fund for the benefit of the employees or any particular class of the employees of the Board.
(2) Where a superannuation scheme is submitted to the Minister under subsection (1) of this section, the Minister may refer the scheme back to the Board for reconsideration and resubmission and the Board shall reconsider and resubmit the scheme.
(3) Where a superannuation scheme is submitted or resubmitted to the Minister under this section—
(a) the Board shall publish in such manner as the Minister may direct a notice intimating that the scheme has been so submitted or resubmitted to the Minister and that any person may, during a specified period (not less than twenty-eight days from such publication), make to the Minister objections and representations in relation to the scheme,
(b) the Board shall, during the said period, keep at its head office a copy of the scheme open for inspection by any interested persons at all reasonable hours,
(c) the Minister shall before confirming the scheme consider any objections or representations in relation to it which have been made to him before the expiration of the said period.
(4) The Minister may, subject to paragraph (c) of subsection (3) of this section and after consultation with the Minister for Finance, by order confirm, either without modification or with such modifications (whether by way of addition, omission or variation) as the Minister thinks proper, a superannuation scheme submitted or resubmitted to him under this section.
(5) The Board may whenever it thinks proper prepare and submit to the Minister a scheme (in this section referred to as an amending superannuation scheme) amending (whether by addition, omission or variation) a superannuation scheme confirmed by the Minister or amending (whether by addition, omission or variation) or revoking an amending superannuation scheme for the time being in force, and the provisions of subsections (2), (3) and (4) of this section shall apply and have effect in relation to every amending superannuation scheme.
(6) No superannuation scheme or amending superannuation scheme shall become operative unless and until it has been confirmed by order of the Minister, but, upon being so confirmed, shall come into operation on the date specified in that behalf in the order of the Minister confirming it and shall as on and from that date have the force of law in the form in which it was so confirmed
(7) A fund set up for the purposes of a superannuation scheme shall be deemed to be set up under an irrevocable trust.
(8) Every superannuation scheme and amending superannuation scheme confirmed by the Minister under section 44 of the Act of 1944 shall be deemed to be a superannuation scheme or an amending superannuation scheme confirmed under this section.
Existing superannuation schemes.
45.—(1) In this section—
the expression “superannuation scheme” means any superannuation, pension, provident widows' and orphans' or other benefit fund or scheme,
the expression “existing superannuation scheme” means a superannuation scheme, in existence immediately before the establishment date, being—
(a) a superannuation scheme established by an absorbed company or an amalgamated company, within the meaning of the Railways Act, 1924 (No. 29 of 1924), or
(b) a superannuation scheme established by a dissolved company, within the meaning of the Act of 1944, or
(c) a superannuation scheme established under section 44 of the Act of 1944, or
(d) the Córas Iompair Éireann, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme (being the superannuation scheme confirmed by the Great Southern Railways Company (Superannuation Scheme) Act, 1947 (No. 21 of 1947)).
(2) Subject to the provisions of this section, every existing superannuation scheme and the management thereof shall, on and after the establishment date, continue as if Córas Iompair Éireann (1945) had not been dissolved by this Act.
(3) For the purposes of any statutory enactment and of rules and regulations relating to any existing superannuation scheme, the following provisions shall, on and after the establishment date, have effect, that is to say:—
(a) any power of Córas Iompair Éireann (1945) or the directors or any officer thereof in relation to the said scheme may be exercised by the Board or any officer of the Board authorised by the Board in that behalf,
(b) the service or employment or dismissal under or by the Board of any officer or servant of Córas Iompair Éireann (1945) who is transferred, by virtue of this Act, to the Board shall be deemed to be service or employment or dismissal under or by Córas Iompair Éireann (1945),
(c) where under the rules of the said scheme the directors of Córas Iompair Éireann (1945) are empowered to appoint officers and servants to any managing committee, the Board in exercising those powers shall appoint officers or servants of the Board who are members of the said scheme or who, but for the dissolution of Córas Iompair Éireann (1945) effected by this Act, would have been eligible for appointment to such managing committee.
(4) The obligations, whether obtaining legally or by customary practice, of Córas Iompair Éireann (1945) in respect of any existing superannuation scheme and in respect of every member of the said existing superannuation scheme shall be binding on the Board.
(5) All persons who are or have been members of any existing superannuation scheme and all persons claiming in right of any such members, shall be entitled to the same benefits, rights and privileges and subject to the same obligations, whether obtaining legally or by customary practice, as such persons would have been or might have become entitled or subject to, if Córas Iompair Éireann (1945) had not been dissolved by this Act.
(6) Any person who—
(a) is in the service of Córas Iompair Éireann (1945) immediately before the establishment date, and
(b) is not a member of any existing superannuation scheme,
shall, so long as he remains in the service of the Board, have the same right (if any) to become a member of any such scheme as he would have had if Córas Iompair Éireann (1945) had not been dissolved by this Act and if he had remained in the service of Córas Iompair Éireann (1945).
(7) Nothing in this section shall be construed as preventing the Board from amending an existing superannuation scheme in accordance with a power in that behalf contained therein.
(8) An existing superannuation scheme shall be deemed to have been set up under an irrevocable trust.
Application of Section 55 of the Railways Act, 1924, and Sections 10 and 16 of the Railways Act, 1933..
46.—The references in section 55 of the Railways Act, 1924 (No. 29 of 1924) and in sections 10 and 16 of the Railways Act, 1933 (No. 9 of 1933) to a railway company shall be construed as including references to the Board.
PART VII.
Application of certain enactments to the Board.
General application of railway and canal enactments to the Board.
47.—(1) Subject to the provisions of this Act, the Board shall, in relation to its railway undertaking, be deemed to be a railway company for the purposes of any enactment relating to railways.
(2) Subject to the provisions of this Act, the Board shall, in relation to its canal undertaking, be deemed to be a canal company for the purposes of any enactment relating to canals.
(3) Subject to the provisions of this Act and without prejudice to subsections (1) and (2) of this section, the Board shall, in relation to its railway and canal undertakings, be deemed to be a railway and canal company for the purposes of section 2 of the Railway and Canal Traffic Act, 1854.
(4) Nothing in this section shall be construed as imposing on the Board in respect of any canal belonging to either dissolved undertaker any statutory obligation to which, immediately before the establishment date, that dissolved undertaker was not subject.
Application of Income Tax Acts to the Board.
48.—The Board shall be deemed to be a railway company for the purposes of the Income Tax Acts.
Application of Railways (Valuation for Rating) Act, 1931.
49.—The Railways (Valuation for Rating) Act, 1931 (No. 47 of 1931) shall apply to the Board in respect of its railway undertaking in like manner as, by virtue of subsection (4) of section 56 of the Act of 1944, it applied immediately before the establishment date to Córas Iompair Éireann (1945) in respect of its railway undertaking, and accordingly references (by virtue of the said subsection (4)) in the Schedule to the said Railways (Valuation for Rating) Act, 1931 to Córas Iompair Éireann (1945) shall, on and after the establishment date, be construed as references to the Board.
Application of Road Transport Acts, 1932 and 1933.
50.—(1) For the purposes of sections 28 and 30 of the Road Transport Act, 1932 (No. 2 of 1932), the Board shall be deemed to be a company to which Part III of the said Act applies.
(2) The Board shall be deemed to be an authorised (merchandise carrying) company for the purposes of the Road Transport Act, 1933 (No. 8 of 1933).
Amendment of Section 7 of the Railway and Canal Traffic Act, 1854, in its application to the Board.
51.—Section 7 of the Railway and Canal Traffic Act, 1854, shall, in its application to the Board, have effect as if for the words “for any horse fifty pounds, for any neat cattle per head, fifteen pounds, for any sheep or pigs per head, two pounds” there were substituted the words “for any horse one hundred pounds, for neat cattle per head fifty pounds, for any other animal five pounds”.
Non application of certain enactments to the Board.
52.—The enactments mentioned in the Fifth Schedule to this Act shall not apply to the Board.
PART VIII.
Cesser of Train Services and Release from Obligations to Keep Certain Canals Open for Navigation.
Interpretation of Part VIII.
53.—In this Part—
the expression “exemption order” means an order under section 55 being either—
(a) an order exempting the Board from the obligation to operate a service of trains for (as may be specified in the order) passengers and merchandise or either of them over any specified railway line, or
(b) an order exempting the Board from the obligation to restore any service of trains over a specified railway line, being a service which was temporarily discontinued under the Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (S. R. & O., No. 354 of 1944);
the expression “interested party” means any body of persons;
the word “obligation” means any obligation whether statutory, contractual or otherwise imposed;
the expression “railway line” includes a section of railway line;
the expression “the Tribunal” means the Transport Tribunal established by section 54.
The Transport Tribunal.
54.—(1) (a) On the establishment date there shall, by virtue of this section, stand established a tribunal, to be called the Transport Tribunal, to fulfil the functions assigned to them by this Part.
(b) In exercising their functions, the Tribunal shall have regard (amongst other matters) to section 15.
(2) The provisions contained in the Sixth Schedule to this Act shall apply in respect of the Tribunal.
(3) In addition to the functions specified in this Part, the Tribunal shall, if and when so requested by the Minister, advise the Minister on any matters relating to transport services which are specified in the request.
Obligations of Board to operate train services.
55.—(1) Except under and in accordance with an exemption order, the Board shall not:—
(a) discontinue, either temporarily or permanently, a service of trains for passengers or merchandise or either of them which was in operation immediately before the establishment date, or
(b) discontinue permanently a service of trains for passengers or merchandise or either of them which was temporarily discontinued under the Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (S.R. & O., No. 354 of 1944).
(2) The Board may from time to time apply to the Tribunal to make, in respect of any particular railway line, an exemption order, and the application shall contain full particulars of the order which the Board wishes to obtain.
(3) Whenever the Board applies for an exemption order, the following provisions shall have effect:—
(a) the Board shall publish, in such manner and times as the Tribunal direct, a notice which shall:—
(i) set out a copy of the application,
(ii) contain an intimation that any interested party may, before a specified date (to be fixed by the Tribunal) submit to the Tribunal objections to the making of the order,
(b) any interested party who objects to the making of the order may, before the said date, send the objections in writing to the Tribunal,
(c) if no objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal shall make the order,
(d) if any objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal, after hearing the objectors and the Board, shall do one of the following things:—
(i) make the order, with or without modifications, and without any limitation as to the period of its operation,
(ii) make the order, with or without modifications, but limiting its operation to a specified period, and the order, if so made, is, in this section, referred to as a temporary order,
(iii) refuse to make the order.
(e) if the Tribunal make the order under paragraph (c) or (d) of this subsection—
(i) the Tribunal shall fix the date on which it is to come into operation,
(ii) the Board shall publish, in such manner and at such time or times as the Tribunal direct, notice of the making of the order.
(4) Whenever the Tribunal make an exemption order in relation to a railway line, then, in case the order is not a temporary order, at all times after the order comes into force or, in case the order is a temporary order, during the period specified therein, the following provisions shall apply—
(a) the order shall operate to exempt the Board from any obligation to provide a service of trains for passengers and merchandise or either of them (as may be specified in the order) on that railway line,
(b) the order shall not affect in any way any liability of the Board to maintain all bridges, level crossings, fences, drains and other works constructed and maintained for the use, accommodation or protection of the public generally or of any section of the public or of owners or occupiers of particular lands,
(c) so much of section 47 of the Railways' Clauses Consolidation Act, 1845, as makes it obligatory to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on that railway line if and so long as all the gates on that level crossing are kept and secured in such position as to permit the free passage of road traffic across the line at that level crossing,
(d) it shall be the duty of the Board to operate, in the area previously served by that railway line, road transport services which are, having regard to the requirements from time to time of that area, adequate.
(5) Nothing in this section shall operate to prejudice or affect any power or right vested in the Minister for Posts and Telegraphs under or by virtue of the Railways (Conveyance of Mails) Act, 1838.
Release of the Board from obligation to keep certain canals or parts of canals open for navigation.
56.—(1) In this section—
the word “canal” has the same meaning as in the Regulation of Railways Act, 1873;
the expression “road authority” has the same meaning as in the Local Government Act, 1946 (No. 24 of 1946);
(2) Where a canal belonging to the Board or part of a canal belonging to the Board has not been used for public navigation for three years or more, the Board may apply to the Tribunal for an order under this subsection releasing the Board from the obligation to keep that canal or part (as the case may be) open for navigation, and thereupon the following provisions shall have effect:—
(a) the Board shall publish, in such manner and times as the Tribunal direct, a notice which shall—
(i) set out a copy of the application,
(ii) contain an intimation that any interested party may before a specified date (to be fixed by the Tribunal) submit to the Tribunal objections to the making of the order,
(b) any interested party who objects to the making of the order may, before the said date, send objections in writing to the Tribunal,
(c) if no objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal shall make the order,
(d) if any objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal, after considering the objections, shall either—
(i) make the order, or
(ii) refuse to make the order,
(e) if the Tribunal make the order—
(i) the Tribunal shall fix the date on which it is to come into operation,
(ii) the Board shall publish, in such manner and at such time or times as the Tribunal direct, notice of the making of the order,
(iii) as on and from the date on which the order comes into operation that canal or part (as the case may be) shall be deemed to be closed to navigation,
(iv) the order shall operate to release the Board from any obligation to keep that canal or part (as the case may be) open and in a fit condition for navigation, but shall not release the Board from any other obligations (including obligations in regard to drainage or the prevention of flooding) to which the Board may be liable as respects that canal or part (as the case may be),
(v) as respects any bridge over that canal or part (as the case may be), the Board and the road authority, within whose functional area the bridge is situate, may enter into an agreement for the transfer of the bridge and the obligation to maintain it to that road authority, and may carry such agreement into effect.
(3) The functions of a road authority under subsection (2) of this section shall—
(a) in case the road authority is the corporation of a county borough, be a reserved function for the purposes of the enactments relating to that corporation,
(b) in any other case, be a reserved function for the purposes of the County Management Acts, 1940 and 1942.
PART IX.
Miscellaneous Provisions.
Language of public notices and tickets.
57.—(1) All permanent public notices and signs (including the names of stations) maintained by the Board shall be in the Irish language but may be in both the Irish and English languages.
(2) All passenger card tickets issued by the Board for journeys within the State shall be printed in the Irish language but may be printed in both the Irish and English languages.
Service of documents on the Board.
58.—Any document required by or authorised by law to be served on the Board may be so served by—
(a) handing it to the secretary of the Board at the principal office in the State of the Board, or
(b) leaving it at the principal office aforesaid in an envelope addressed to the secretary of the Board, or
(c) sending it by post in a prepaid registered letter addressed to the secretary of the Board at the principal office aforesaid.
Penalty for trespass on railways of the Board.
59.—(1) If any person trespasses on any of the railways of or worked by, the Board, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.
(2) Where a person is charged with an offence under this section in respect of a trespass—
(a) the fact that he had not received a personal warning shall not be a ground of defence,
(b) he shall not, in any case, be convicted of the offence unless the Board proves to the satisfaction of the Court that, at the date of the trespass there was affixed at the station of the Board and at the level crossing nearest to the spot where the trespass is alleged to have been committed, a notice (painted on boards or printed, painted or enamelled, on iron or any other material) in legible characters warning persons not to trespass on the railways of the Board.
(3) No person lawfully crossing the railway of the Board at any level crossing or by means of any accommodation works maintained in pursuance of section 68 of the Railways' Clauses Consolidation Act, 1845, shall be liable to any fine under this section.
(4) An offence under this section may be prosecuted by the Board.
Carriage of dangerous goods by rail.
60.—(1) Nothing in this Act shall impose any obligation on the Board to accept dangerous goods for conveyance by rail or shall prejudice or derogate from the powers of any Minister of State under the Explosives Act, 1875, or affect the validity or operation of any order, rule or bye-law made under the powers contained in that Act.
(2) If the Board accepts dangerous goods for conveyance by rail the goods shall be conveyed subject to such bye-laws, regulations and conditions as the Board may think fit in regard to the conveyance or storage thereof, and the owner or consignor of such goods shall indemnify the Board from and against all loss or damage which may result to the Board or to which the Board may be or become liable owing to non-compliance with the said bye-laws, regulations and conditions as to such goods and shall pay full compensation for all injury to the Board's servants and damage to its property so arising unless it is proved that the injury or damage is due to the wilful misconduct of the Board's servants.
(3) Where the former Great Southern Railways Company, Córas Iompair Éireann (1945) or the Board has declared any article to be dangerous it shall lie on the person requiring the article to be carried to show that it is not dangerous.
Protection of ports.
61.—(1) In this section the expression “interested person” includes the Minister, the Minister for Agriculture, the Commissioners of Public Works in Ireland, a harbour authority, the corporation of a county or other borough or the council of any county or urban district.
(2) The Board shall not by rates or fares charged, whether through or local, or by facilities provided for it or otherwise, place any one port in the State at an undue disadvantage as compared with any other port in the State to, from or through which traffic is or may be carried.
(3) The Board shall, if required by any interested person use all proper endeavours to provide a reasonable system of through booking with through rates, fares and facilities by all reasonable routes.
(4) No rebates, commissions or agency or other allowances shall be given by the Board to traders at or using any port in the State which are not given by the Board in similar circumstances to traders at or using any other port in the State.
(5) If any dispute arises under this section or in relation to any matter or thing thereunder or as to whether the Board is fulfilling its obligations thereunder or taking all reasonable steps for that purpose, the dispute may, at the instance of the Board or the interested person concerned be referred to the High Court and thereupon the High Court shall determine the dispute.
Provisions as regards construction and maintenance of telegraphs.
62.—Notwithstanding anything in this Act, on and after the establishment date, all enactments, awards, deeds, agreements and arrangements containing provisions as between the Minister for Posts and Telegraphs and Córas Iompair Éireann (1945) (as successor to the former Great Southern Railways Company or other wise) relating to the construction and maintenance of telegraphs shall continue to apply only to the system of railways, works and lands which immediately before the establishment date formed the railway undertaking of Córas Iompair Éireann (1945) and to the said Minister and the Board in respect thereof.
Revision of existing agreements between the Minister for Posts and Telegraphs and Córas Iompair Éireann (1945) and determination of disputes between the said Minister and the Board.
63.—(1) On and after the establishment date the Minister for Posts and Telegraphs or the Board may apply to the High Court for the revision of any agreement between the said Minister and Córas Iompair Éireann (1945) (as successor to the former Great Southern Railways Company or the former Dublin United Transport Company Limited or otherwise), whether statutory or otherwise, which is in existence immediately before the establishment date.
(2) If there is no such agreement as is mentioned in subsection (1) of this section, the Minister for Posts and Telegraphs or the Board may apply to the High Court to determine any difference or dispute which may exist or arise between the said Minister and the Board as to the remuneration to be paid for services rendered by the Board to the said Minister, but such services shall (notwithstanding any statutory or other provision to the contrary) continue to be rendered by the Board pending the decision of the High Court.
Arrangements as respects the Dublin Junction Railways.
64.—(1) As on and from the establishment date—
(a) the Board shall continue to operate the normal system of trains run before the said date for the purposes of, and in connection with, the mails services of the Minister for Posts and Telegraphs, over the Dublin Junction Railways and the Board's railway between Westland Row in the City of Dublin and Dun Laoghaire Mail Pier, until the Board and the Northern Railway Company, with the consent of the said Minister agree otherwise;
(b) if, for convenience of working, the Northern Railway Company send any carriage or rolling stock over the Dublin Junction Railways and the Board's railway between Westland Row aforesaid and Dun Laoghaire Mail Pier, no payment shall be made by the Board to the Northern Railway Company in respect of any such carriage or rolling stock, nor shall any toll for haulage be charged by the Board against the Northern Railway Company in respect of any such carriage or rolling stock.
(2) In this section—
the expression “the Northern Railway Company” means the Great Northern Railway Company (Ireland);
the expression “the Dublin Junction Railways” means the railways constructed under the Dublin, Wicklow and Wexford Railway (City of Dublin Junction Railways) Act, 1884.
Cesser of powers of Board of Control of Royal Canal.
65.—The powers and functions of the Board of Control of the Royal Canal shall cease to be exercisable on and after the establishment date.
PART X.
Dissolution of Córas Iompair Éireann (1945) and the Grand Canal Company and Supplemental and Transitional Provisions.
Dissolution of the dissolved undertakers.
66.—(1) On the establishment date, Córas Iompair Éireann (1945) and the Grand Canal Company respectively shall, subject to the provisions set out in the Seventh Schedule to this Act, be, by virtue of this section, dissolved.
(2) The provisions set out in the Seventh Schedule to this Act shall apply in respect of the dissolved undertakers and the Board.
Exemption from stamp duties.
67.—(1) Section 12 of the Finance Act, 1895, shall not operate so as to require the Board to deliver to the Revenue Commissioners a copy of this Act or to pay any stamp duty under that section on any copy of this Act.
(2) Stamp duty shall not be chargeable on any agreement, bond, affidavit, statutory declaration, arbitration award or other instrument made for the purposes of section 38, 39, 40 or 42.
(3) Section 8 of the Finance Act, 1899, shall not operate so as to require the Board to deliver to the Revenue Commissioners any statement or to pay any stamp duty under that section in respect of transport stock.
(4) Stamp duty shall not be chargeable on an arrangement under section 26 or any order under section 27.
(5) The amount of all stamp duties paid by the Board on any instrument which is executed in order to supplement the transfer, effected by this Act, of the property of either dissolved undertaker or on any instrument which is executed in order to supplement any arrangement under section 26 or any order under section 27, shall be refunded to the Board out of moneys provided by the Oireachtas.
Pending proceedings and existing contracts.
68.—(1) No proceeding (including an arbitration) or cause of action pending or existing immediately before the establishment date by or against either dissolved undertaker shall abate, be discontinued or be in any way prejudicially affected by reason of anything in this Act, but the proceeding or cause of action may be continued and enforced by or against the Board as it might have been by or against that dissolved undertaker if this Act had not been passed, but not further or otherwise.
(2) Subject to the provisions of this Act, all contracts, deeds, bonds, agreements and other instruments and all working arrangements subsisting immediately before the establishment date and affecting either dissolved undertaker shall be of as full force and effect against or in favour of the Board and may be enforced as fully and effectually as if, instead of that dissolved undertaker, the Board had been a party thereto.
Continuance of certain notices.
69.—Every notice served by or on either dissolved undertaker before the establishment date the effect or term of which has not ceased or expired before the establishment date shall, so far as it is not inconsistent with this Act, continue in force and have effect on and after the establishment date as if it were a notice served by or on the Board on the date on which it was actually served and as if the functions or property to which the said notice relates had on the same date already vested in the Board.
Provisions as to substituted stock.
70.—(1) Transport stock substituted by virtue of section 25 for any security of either dissolved undertaker shall be held upon and subject to the same trusts, liens, charges, powers and other legal or equitable rights, privileges, and restrictions as affected the security for which, by virtue of section 25, the transport stock is substituted and any reference in any statute, deed, will, codicil, book, document, instrument or writing to any security of that dissolved undertaker shall be deemed, as on and from the establishment date, to be a reference to the transport stock substituted therefor by virtue of section 25.
(2) Any person (being a trustee or executor or acting in any representative or fiduciary capacity) who, immediately before the establishment date, is the holder of any security of either dissolved undertaker for which any transport stock is substituted by virtue of section 25 may hold, dispose of or otherwise deal with the transport stock in all respects as he might have held, disposed of or otherwise dealt with the security for which it is so substituted.
Saving for existing rules and regulations.
71.—(1) All rules and regulations made by any former transport company which are in force immediately before the establishment date shall, on and after the establishment date, continue in force until revoked, altered or superseded.
(2) In this section the expression “former transport company” means any company being—
(a) an absorbed company or amalgamated company, within the meaning of the Railways Act, 1924 (No. 29 of 1924), or
(b) a dissolved company, within the meaning of the Act of 1944, or
(c) either dissolved undertaker.
FIRST SCHEDULE.
Enactments Repealed.
Session and Chapter or Number and Year | Short title or (if none) title | Extent of Repeal |
(1) | (2) | (3) |
58 Geo. III, c. 35. | An Act to provide for the maintaining of the Royal Canal from the River Liffey to the River Shannon in Ireland. | Sections 30, 31, 32, 36, 37, 38, 39 and 40. |
8 & 9 Vic., c. cxix. | Midland Great Western Railway of Ireland Act, 1845. | Sections 37 and 38. |
No. 21 of 1944. | Part III; Sections 83 to 86; paragraph 3 of the Seventh Schedule; |
SECOND SCHEDULE.
Superannuation of Members of the Board.
Section 7 (3).
Superannuation benefits.
1. (1) For the purposes of this paragraph—
(a) the word “member” means a member of the Board;
(b) the yearly salary of a member shall be taken to be his average yearly salary as such member during the period of three years expiring on the date of the cesser of his membership or of his death, as the case may be;
(c) the expiration of the term of office of a member followed by his reappointment (whether actually made before, on, or after such expiration) to membership for a term beginning on the date, or on the day after the date, of such expiration shall not constitute a break in the continuity of his membership of the Board.
(2) Where a member required by the terms of his appointment to devote the whole of his time to his duties as such member ceases, after not less than ten years of continuous whole-time membership or after two or more periods (whether continuous or discontinuous) of whole-time membership which amount in the aggregate to not less than ten years and include at least one term of office of five years as a whole-time member of the Board, to be a member by expiration of his term of office without re-appointment or by resignation during his term of office after he has attained the age of sixty years or on account of ill-health before attaining that age, the Board may grant to such member a pension for life of an amount per annum calculated at the rate of one forty-eighth of the yearly salary of such member for every completed year of whole-time membership of the Board, but subject to a maximum of twenty forty-eighths of such yearly salary.
(3) Where a member dies during his term of office after a period of not less than five years' continuous whole-time membership ending at his death, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to the yearly salary of such member.
(4) Where a person to whom a pension is granted under subparagraph (2) of this paragraph dies at such time after the cesser of his membership that the amount of such pension for the period from the date of such cesser to the date of his death is less than his yearly salary as a member, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to the sum by which the said amount of such pension for the said period falls short of the said yearly salary.
Superannuation benefits applicable to T. C. Courtney, if appointed first chairman of the Board.
2. (1) For the purposes of this paragraph—
(a) the expression “the Superannuation Acts” means the Superannuation Acts, 1834 to 1947;
(b) the word “chairman” means chairman of the Board;
(c) the expression “the designated person” means Thaddeus C. Courtney;
(d) the expression “pensionable service”, in relation to the designated person, means the sum of the following—
(i) any period of service before the 18th day of February, 1949, which is, as respects him, reckonable for the purposes of the Superannuation Acts,
(ii) his service with Córas Iompair Éireann (1945), and
(iii) his service with the Board;
(e) the yearly salary of the designated person shall be taken to be the average yearly salary received by him during the period of three years expiring on the date of his ceasing to be chairman or his death, as the case may be, and, where that period includes a period of service in the Civil Service, account shall be taken, in determining his average yearly salary, of his pensionable salary for the purposes of the Superannuation Acts as on the 17th day of February, 1949.
(2) The subsequent subparagraphs of this paragraph shall apply if, but only if, the designated person becomes the first chairman.
(3) Paragraph 1 of this Schedule shall not apply to the designated person.
(4) If—
(a) the designated person, while chairman, resigns that office on or after attaining the age of sixty five years, or
(b) the designated person, while chairman, resigns on the grounds of ill-health, that office before attaining the age of sixty five years and his resignation is accepted by the Government, or
(c) the designated person—
(i) ceases to be chairman by reason of the expiration of his period of office, and
(ii) is not re-nominated chairman, and
(iii) has at the date of such cesser attained the age of sixty years but not the age of sixty five years, and
(iv) does not return to the Civil Service,
then, the Board may grant to him—
(I) a pension for life of an amount per annum calculated at the rate of one-eightieth of his yearly salary for every completed year of his pensionable service, but subject to a maximum of one half of his said yearly salary,
(II) a gratuity of an amount equal to one-thirtieth of his yearly salary multiplied by a number equal to the number of completed years of his pensionable service, subject to a maximum of one and a half times the amount of his yearly salary,
and, if the Board does so, no superannuation allowance or additional allowance or gratuity shall be payable to him under the Superannuation Acts.
(5) If the designated person dies while chairman, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to his yearly salary and, if the Board does so, no gratuity shall be payable to his legal personal representatives under section 2 of the Superannuation Act, 1909 or under that section as amended by section 2 of the Superannuation Act, 1914.
(6) If the designated person, having been granted a pension under subparagraph (4) of this paragraph, dies at such time after ceasing to be chairman that the amount of such pension for the period from the date of such cesser to the date of his death is less than his yearly salary, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to the sum by which the said amount of such pension for the said period falls short of his yearly salary.
(7) If the designated person—
(a) ceases to be chairman by reason of the expiration of his period of office, and
(b) is not re-nominated chairman, and
(c) has at the date of such cesser not attained the age of sixty five years, and
(d) returns to the Civil Service,
then, for the purposes of the Superannuation Acts—
(i) his service with Córas Iompair Éireann (1945) and the Board shall be deemed to be established service,
(ii) the salary received in respect of that service shall be deemed to have been paid from moneys voted by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859.
Provisions in relation to pensions under paragraph 1 or 2.
3. (1) In this paragraph, the expression “situation in a public department” includes—
(a) any situation which is remunerated wholly or partly out of moneys (other than a single grant or occasional grants not renewed from year to year) provided by the Oireachtas,
(b) any situation which is a public office within the meaning of the Superannuation Act, 1892, or any enactment amending that Act,
(c) any situation in or under or as a paid member of a board or body established by or under any Saorstát Éireann statute or Act of the Oireachtas which the Minister for Finance declares by order to be a public department for the purposes of this Schedule.
(2) Whenever a person to whom a pension has been granted under paragraph 1 or 2 of this Schedule is employed in any situation in a public department or under a local authority and either of the following provisions is applicable, then, whichever of those provisions is applicable shall apply—
(i) during any period for which the yearly rate of such person's remuneration in the said situation equals or exceeds the salary by reference to which the said pension was computed, the said pension shall not be payable,
(ii) during any period for which the yearly rate of such remuneration is less than the said salary but is greater than the amount by which the said salary exceeds the said pension, so much only of the said pension shall be payable as is equal to the amount by which the yearly rate of such remuneration falls short of the said salary.
THIRD SCHEDULE.
Securities of Córas Iompair Éireann (1945) and the Grand Canal Company and transport stock to be substituted therefor.
Sections 24, 25 and 29.
Ref. No. | Description of securities of Córas Iompair Éireann (1945) or the Grand Canal Company | Description of transport stock to be issued in substitution for securities of Córas Iompair Éireann (1945) or the Grand Canal Company | Amount of transport stock to be issued in substitution for each £100 of securities of Córas Iompair Éireann (1945) or the Grand Canal Company | Provisions in relation to interest and redemption applicable to transport stock mentioned in column (3) |
(1) | (2) | (3) | (4) | (5) |
1 | Córas Iompair Éireann 3% Guaranteed Debenture Stock, 1955/60. | 3% Transport Stock, 1955/60. | £100 | 1. In this column— the expression “the appropriate rate” means:— |
2 | Córas Iompair Éireann 2½% Guaranteed Debenture Stock, 1965/75. | 2½% Transport Stock, 1965/75. | £100 | (a) in relation to transport stock described in column (3) at any reference number (except reference number 2), 3 per cent. per annum; and |
3 | Córas Iompair Éireann Common Stock. | 3% Transport Stock, 1975/85. | £80 | (b) in relation to transport stock described in column (3) at reference number 2, 2½ per cent. per annum; |
4 | Grand Canal Company 3% Irredeemable Debenture Stock. | 3% Transport Stock, 1975/85. | £100 | the expressions “the earliest redemption date” and “the latest redemption date” mean— |
5 | Grand Canal Company 3% Non-Cumulative Preference Shares. | 3% Transport Stock, 1975/85. | £100 | (a) in relation to transport stock described in column (3) at reference number 1, the 30th day of June, 1955, and the 30th day of June, 1960, respectively, |
6 | Grand Canal Company Ordinary Shares. | 3% Transport Stock, 1975/85. | £100 | (b) in relation to transport stock described in column (3) at reference number 2, the 30th day of June, 1965, and the 30th day of June, 1975, respectively, |
(c) in relation to transport stock described in column (3) at any reference number (except reference numbers 1 and 2), the 30th day of June, 1975, and the 30th day of June, 1985, respectively. | ||||
2. Transport stock described in column (3) at any reference number shall as from the establishment date bear interest at the appropriate rate, and the said interest shall be payable— | ||||
(a) on the 15th day of July, 1950, in respect of the month of June, 1950, and | ||||
(b) on the 15th day of January and 15th day of July in each year after the year 1950 in respect of the half year ending on the immediately preceding 31st day of December and 30th day of June respectively. | ||||
3. The following provisions shall apply in relation to the redemption of transport stock mentioned in column (3) at any reference number— | ||||
(a) it may be redeemed | ||||
at par in cash on the earliest redemption date, or on any 31st day of December or 30th day of June thereafter, | ||||
(b) if it is not redeemed before the latest redemption date, it shall be redeemed at par in cash on the latest redemption date, | ||||
(c) it shall not be redeemed on any 30th day of June (other than the latest redemption date) or 31st day of December except upon six months' notice of intention to redeem. |
FOURTH SCHEDULE.
Compensation of certain officers and servants of the dissolved undertakers and the Board.
Sections 38, 39, 40 and 41.
Interpretation.
1. (1) In this Schedule—
the expression “former transport company” means any company being—
(a) an absorbed company or amalgamated company within the meaning of the Railways Act, 1924 (No. 29 of 1924), or
(b) a dissolved company within the meaning of the Act of 1944, or
(c) either dissolved undertaker;
the expression “former road transport licensee” means a person who was the holder of a passenger licence, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or of a merchandise (existing carrier's) licence within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), and whose said licence was transferred to a dissolved company within the meaning of the Act of 1944, or to a dissolved undertaker;
the expression “former transport undertaker” means any person being—
(a) a former transport company, or
(b) a former road transport licensee;
the expression “the Defence Forces” means—
(a) the force established under Part I of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), and
(b) the reserve force established under Part III of the said Act;
the expression “the Second World War” means the war which was in existence at the date of the passing of the Act of 1944;
the word “remuneration” shall be construed as including any cost of living or other bonus.
(2) For the purpose of reckoning the pensionable service of a person under this Schedule—
(a) the pensionable service shall include—
(i) service with any former transport company,
(ii) if that person had service with a former transport company, service in the Irish Railway Clearing House,
(iii) service with the Board,
(iv) service (being service which is recognised for the purposes of a superannuation scheme, within the meaning of section 44, or an existing superannuation scheme, within the meaning of section 45) with any former road transport licensee;
(b) if that person was temporarily absent from his employment with a former transport undertaker and during the whole of such absence was engaged in service in any of the military forces serving under the authority of the First Dáil Éireann or the Second Dáil Éireann or the Provisional Government of Ireland or in either of the opposing forces during the civil strife in the years 1922, 1923 or 1924 or was interned or imprisoned in consequence of such service, or was engaged in service, before the 6th day of December, 1922, in the British Army, Navy or Air Force, such temporary absence shall be included in the period of his pensionable service;
(c) if that person was suspended or dismissed from the service of a former transport undertaker on or after the 1st day of April, 1916, and before the 6th day of December, 1921, but was subsequently reinstated, and the Minister certifies that his suspension or dismissal was due to his national sympathies, such period (not exceeding the period between his suspension or dismissal and his reinstatement) as the Minister may direct shall be included in the period of his pensionable service;
(d) if that person was, by reason of disruption of railway services due directly to civil strife in the years 1922, 1923 or 1924, temporarily absent from his employment with a former transport undertaker, such temporary absence shall be included in the period of his pensionable service;
(e) if that person was temporarily absent during the Second World War from his employment with a former transport undertaker and during the whole of such absence was serving in the Defence Forces, such temporary absence shall be included in the period of his pensionable service;
(f) if that person was temporarily absent from his employment with a former transport undertaker or the Board for a period of less than one year on account of—
(i) the temporary closing or reduction of services on a railway line, due to conditions resulting from the Second World War, or
(ii) the cessation or reduction of any other transport services, due to the said conditions, or
(iii) illness or accident, or
(iv) any trade dispute to which he was not a party,
such temporary absence shall be included in the period of his pensionable service;
(g) if that person was taken into the employment of any former transport undertaker as a specially qualified person at an age exceeding that at which transport service usually began, his pensionable service may be increased by the addition of such number of years as may seem just;
(h) if that person served as a trade apprentice with any former transport undertaker or the Board for any period, that period shall not be reckoned as pensionable service.
(3) For the purposes of this Schedule the number of years of pensionable service of a person shall be taken to be the result obtained by dividing the number of days of his pensionable service by the number three hundred and sixty-five, any fraction of a half or over being treated as one and any lesser fraction being disregarded.
(4) For the purposes of this Schedule the annual remuneration and emoluments of a person shall be his annual remuneration and emoluments on the date on which his services are dispensed with.
Compensation to persons with less than five years' pensionable service.
2. The compensation payable to a person who, on the date on which his services are dispensed with, had less than five years' pensionable service shall be a gratuity calculated on the basis of one-sixth of his annual remuneration and emoluments for every year of his pensionable service.
Compensation to persons with not less than five years' pensionable service.
3. Subject to the provisions of paragraph 4 of this Schedule, the compensation payable to a person who, on the date on which his services are dispensed with, had not less than five years' pensionable service shall be an annual sum to be paid to him during his life not exceeding in any case two-thirds of his annual remuneration and emoluments and, subject to that limitation, to be calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every year of his pensionable service, with an addition thereto based on the number of years of his pensionable service and calculated according to the following scale—
(a) if he has twenty or more years of pensionable service, an addition of ten-sixtieths of his annual remuneration and emoluments;
(b) if he has fifteen or more years of pensionable service and less than twenty such years, an addition of seven-sixtieths of his annual remuneration and emoluments;
(c) if he has ten or more years of pensionable service and less than fifteen such years, an addition of five-sixtieths of his annual remuneration and emoluments;
(d) if he has less than ten years of pensionable service, an addition of three-sixtieths of his annual remuneration and emoluments.
Reduction of annual sums in certain cases.
4. If any officer or servant who is entitled to an annual sum under paragraph 3 of this Schedule is also entitled to superannuation or benefit out of any Fund to which a dissolved undertaker contributed, then—
(a) the amount of the said annual sum shall be reduced by an amount equal to the annual value of such superannuation or benefit, and
(b) the Board shall pay to such officer or servant a lump sum equal to the amount of the contributions paid by such officer or servant into the said Fund.
FIFTH SCHEDULE.
Enactments not applying to the Board.
1. Sections 6 to 13 and sections 34 and 38 of the Regulation of Railways Act, 1868 (31 & 32 Vic., c. 119).
2. Sections 9 and 10 of the Regulation of Railways Act, 1871 (34 & 35 Vic., c. 78).
3. Sections 14 and 15 of the Regulation of Railways Act, 1873 (36 & 37 Vic., c. 48).
4. Sections 31, 32, 33, 34 and 39 of the Railway and Canal Traffic Act, 1888 (51 & 52 Vic., c. 25).
5. Sections 1, 3 and 4 of the Railway and Canal Traffic Act 1894 (57 & 58 Vic., c. 54).
6. The Railway Companies (Accounts and Returns) Act, 1911 (1 & 2 Geo. V., c. 34).
7. Sections 59 and 60 of the Railways Act, 1924 (No. 29 of 1924).
8. Section 23 of the Road Transport Act, 1932 (No. 2 of 1932), and any regulations made under section 4 of that Act for the purposes of section 23 thereof.
9. Section 9 of the Railways Act, 1933 (No. 9 of 1933).
10. Section 120 of the Road Traffic Act, 1933 (No. 11 of 1933).
11. Part IV, and sections 110 and 129 of the Transport Act, 1944 (No. 21 of 1944).
12. Any enactment relating to—
(a) the classification of merchandise for the purposes of the application thereto of rates of charges to be made in respect of the carriage of merchandise,
(b) the maximum or actual charges for the conveyance of merchandise or passengers and their luggage, or for affording any other services or facilities.
SIXTH SCHEDULE.
Provisions Relating to the Transport Tribunal.
1. In this Schedule the expression “the Tribunal” means the Transport Tribunal.
2. (1) The Tribunal shall consist of such number of members (not being less than three nor more than five members) as the Government may from time to time determine.
(2) The members of the Tribunal shall be appointed from time to time by the Government.
(3) The chairman of the Tribunal shall be such one of the members as the Government may, at the time of his appointment or subsequently, nominate as chairman.
3. (1) Every person appointed a member of the Tribunal shall, unless he sooner dies, is removed from office, resigns or becomes disqualified, hold office for such period (not exceeding five years) as shall be fixed by the Government when appointing him.
(2) A member of the Tribunal whose term of office expires by effluxion of time shall be eligible for re-appointment.
4. Every member of the Tribunal shall hold office upon such terms and conditions (including the payment out of moneys provided by the Oireachtas of remuneration and allowances for expenses) as shall be fixed by the Government at the time of his appointment.
5. Subsections (4), (5), (6) (except paragraph (c)) and (7) of section 7 of this Act shall apply to members of the Tribunal as those subsections apply to a member of the Board.
6. (1) At a sitting of the Tribunal—
(a) the chairman of the Tribunal shall, if present, be chairman of the sitting,
(b) if and so long as the chairman of the Tribunal is not present or if the office of chairman is vacant, the members who are present shall choose one of their number to be chairman of the sitting.
(2) Every question at a sitting of the Tribunal shall be determined by a majority of the members present and voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.
(3) The quorum for a sitting of the Tribunal shall be—
(a) in case the Tribunal for the time being consists of three members and no more, two,
(b) in any other case, three.
(4) The proceedings of the Tribunal shall not be invalidated by any vacancy in their number.
7. (1) The Tribunal may for the purpose of the exercise of their functions do all or any of the following things:—
(a) summon witnesses to attend before them,
(b) examine on oath (which any member of the Tribunal is hereby authorised to administer) any witness attending before them,
(c) require any such witness to produce any document in his power or control which the Tribunal consider necessary.
(2) A witness before the Tribunal shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
(3) If any person—
(a) on being duly summoned as a witness makes default in attending, or
(b) being in attendance as a witness refuses to take an oath legally required by the Tribunal to be taken or to produce any document in his power or control legally required by the Tribunal to be produced by him, or to answer any question to which the Tribunal may legally require an answer,
such person shall be guilty of an offence under this paragraph and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
(4) Where a witness attends before the Tribunal as a witness in pursuance of a summons under subparagraph (1) of this paragraph, there shall, in respect of his attendance, be paid to him, out of moneys provided by the Oireachtas, expenses in accordance with a scale fixed from time to time by the Minister for Finance.
8. Subject to this Schedule, the Tribunal shall by rules or otherwise regulate their procedure.
9. The decision of the Tribunal on any matter before them shall be final.
SEVENTH SCHEDULE.
Transitory Provisions in Relation to the Dissolved Undertakers and the Board.
Definition.
1. In this Schedule—
the expression “the stated period” means the period of five months ending on the 31st day of May, 1950,
the expression “final ordinary meeting” means, in relation to a dissolved undertaker, the ordinary meeting which that undertaker is required by paragraph 5 of this Schedule to hold.
Continuance or dissolved undertakers for certain purposes.
2. For the purposes of this Schedule but not further or otherwise each dissolved undertaker shall be deemed to continue in existence on and after the establishment date.
Transfers of stocks, shares and securities.
3. A dissolved undertaker shall, at the request of the Board, execute all such instruments and do all such acts as may be necessary to enable the Board to have transferred into its name any stocks, shares or securities held by that dissolved undertaker immediately before the establishment date, and for this purpose the persons who are immediately before the establishment date the directors of that dissolved undertaker shall be deemed to continue in office.
Continuance in office of directors, officers and auditors of dissolved undertakers.
4. The persons who are the directors, officers and auditors of any dissolved undertaker immediately before the establishment date shall be deemed to continue in office for the purpose of the preparation and auditing of accounts and balance sheets of that undertaker for the stated period, the production thereof to the proprietors of that undertaker, the declaration of dividends for the stated period and the summoning, holding and conduct of the final ordinary meeting of that undertaker.
Ordinary meeting of dissolved undertakers to be held in July or August, 1950.
5. An ordinary meeting of each dissolved undertaker shall be held in the month of July or the month of August, 1950, for the purpose of receiving the statements of accounts of that undertaker for the stated period and the declaration of dividends, and the persons who are immediately before the establishment date the proprietors of that dissolved undertaker shall be deemed to be the proprietors of that undertaker for purposes aforesaid and for the purposes of summoning, holding and conducting that ordinary meeting.
Accounts of Córas Iompair Éireann (1945) for the stated period.
6. (1) Córas Iompair Éireann (1945) shall prepare accounts (in the form directed under section 28 of the Act of 1944 but modified so as to be applicable to the stated period) for the stated period, and submit the accounts to their auditors accordingly.
(2) The accounts for the stated period shall be signed by the officer of Córas Iompair Éireann (1945) responsible for the accounts or any part thereof and by the chairman of the directors of Córas Iompair Éireann (1945).
(3) Córas Iompair Éireann (1945) shall forward six copies of the accounts for the stated period to the Minister not later than the 30th day of July, 1950.
(4) Córas Iompair Éireann (1945) shall, not later than twenty-one days before the final ordinary meeting, forward to every person, who was the holder of common stock of Córas Iompair Éireann (1945) immediately before the establishment date, a copy of its accounts (prepared in the form directed under section 28 of the Act of 1944, but modified so as to be applicable to the stated period) for the stated period.
(5) If any account prepared and forwarded under this paragraph is false in any particular to the knowledge of any person who signs the account or any part thereof, that person shall be liable on conviction or indictment to imprisonment with or without hard labour for a term not exceeding one year or to a fine not exceeding one hundred pounds, and on summary conviction to a fine not exceeding fifty pounds.
Accounts of Grand Canal Company for the stated period:
7. The Grand Canal Company shall cause accounts to be made up for the stated period, as if the stated period were a year.
Provisions in relation to Income Tax chargeable on dissolved undertakers.
8. (1) A dissolved undertaker shall, on and after the establishment date, continue to be liable under the Income Tax Acts to prepare and deliver any statement, return or particulars required for the purposes of those Acts for any year of assessment ending on or before the 5th day of April, 1951.
(2) Assessments to income tax for any year of assessment ending on or before the 5th day of April, 1951, may be made on a dissolved undertaker on or after the establishment date, and income tax in respect of any such assessment so made, which shall have become final and conclusive, shall, when it becomes due and payable, be deemed to have become due and payable before the establishment date.
(3) For the purposes of subparagraphs (1) and (2) of this paragraph the secretary of the Board or other officer performing the duties of secretary of the Board shall be deemed to be secretary of a dissolved undertaker or other officer performing the duties of secretary of that dissolved undertaker.
(4) The Board shall be and is hereby empowered to deduct out of the emoluments of any person holding an office or employment of profit under the Board any income tax charged on Córas Iompair Éireann (1945) in respect of any office or employment of profit held by such person under Córas Iompair Éireann (1945).
Payment by the Board of expenses of dissolved undertakers and dividends declared by dissolved undertakers at final meetings.
9. Any expenses incurred by a dissolved undertaker under this Schedule and any dividend declared by any dissolved undertaker shall be paid by the Board.