PART II.

Special Powers in Relation to Defence.

Chapter I.

Powers in relation to transport undertakings.

9. —In this Chapter of this Part of this Act—

the expression “transport undertaking” means the undertaking of any shipping, railway, tramway or canal company or of any person carrying on a passenger road service, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or of any person carrying on a merchandise road transport business, within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), and includes any stations, buildings, works or accommodation belonging to, or required for the working of, any such undertaking;

the word “plant” means engines, rolling stock, vehicles, boats, and all things necessary for the proper working of a transport undertaking which are not included in the definition of the expression “transport undertaking”.

10. —(1) During a period of emergency the Minister may, from time to time by order addressed to the owners of a transport undertaking, require that such traffic for the Defence Forces as may be specified in such order shall be received and forwarded by such transport undertaking in priority to any other traffic, and the owners of such transport undertaking shall comply with such order and for that purpose shall, so far as may be necessary, suspend the receiving and forwarding of all other traffic by such transport undertaking.

(2) If the owner of, or any person employed by, a transport undertaking refuses, neglects or fails to comply with the requirement of any order under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(3) The Minister may take such means as he considers necessary (including the use of force) for securing that any order under this section is carried into effect.

(4) An order under this section shall not be in force for more than one month after the date thereof, but may be renewed.

(5) There shall be paid by the Minister, out of moneys provided by the Oireachtas, to the owner of any transport undertaking, required to receive and forward traffic under this section, by way of compensation such remuneration as may, with the consent of the Minister for Finance, be agreed upon or as, in default of agreement, may be determined in accordance with provisions to be made by statute.

11. —(1) The Minister, after consultation with the Minister for Industry and Commerce and the Minister for Supplies, may at any time by order addressed to the owners of any transport undertaking require that such adaptations as may be specified in such order of the plant of such undertaking be made within a specified time.

(2) The adaptations which may be specified in an order under this section may be adaptations by way of addition to, substitution for, or removal of, any part or parts of an article included in the plant of a transport undertaking, but shall not be such as to interfere with the purpose for which the article was primarily designed.

(3) Any person (in this sub-section referred to as an authorised person) authorised by the Minister in that behalf may at all reasonable times enter the premises of a transport undertaking and inspect the plant thereof, whether an order has or has not then been made under this section in respect of such transport undertaking, and any person who obstructs or interferes with an authorised person in the exercise of the powers conferred on an authorised person by this sub-section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4) If the owners of a transport undertaking in respect of which an order has been made under this section refuse, fail or neglect to comply with the requirements of such order, such owners shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(5) Where any adaptations have, in pursuance of an order under this section, been made in the plant of a transport undertaking, there shall be paid by the Minister, out of moneys provided by the Oireachtas, to the owners of such transport undertaking by way of compensation in respect of the cost incurred by them in making such adaptations such amount as may, with the consent of the Minister for Finance, be agreed upon or as, in default of agreement, may be determined in accordance with provisions to be made by statute.