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21 1944

TRANSPORT ACT, 1944

PART VIII.

Miscellaneous Provisions.

Extension of section 2 of the Railway and Canal Traffic Act, 1854, to the road traffic of certain persons.

125. —Section 2 of the Railway and Canal Traffic Act, 1854, shall apply to the road traffic of any person under a passenger licence, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or under a merchandise licence, within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), in the same manner and to the like extent as the said section applies to the land traffic of a railway company.

Enforcement of recommendations of inspector under section 41 of the Railway and Canal Traffic Act, 1888.

126. —(1) The Minister may by order require any canal undertaker to comply with any recommendation of an inspector duly appointed under section 41 of the Railway and Canal Traffic Act, 1888.

(2) Where the Minister proposes to make in relation to a canal undertaker an order under this section he shall cause a draft of the order to be prepared and serve a copy of the draft on the canal undertaker and shall, before making the order, consider any representations made by the canal undertaker within fourteen days after the service of the draft.

(3) Any order of the Minister under this section shall be complied with by the canal undertaker to which the order relates and in the event of non-compliance shall be enforceable by the High Court on the application of the Minister.

Release of dissolved railway company from certain liabilities.

127. —Where no interest on moneys borrowed by any amalgamating company or absorbed company, within the meaning of the Railways Act, 1924 (No. 29 of 1924), has been paid since the 1st day of January, 1925, by the dissolved railway company, the dissolved railway company shall, by virtue of this section, be released as on and from the date of the passing of this Act from all liabilities in respect of such moneys and interest thereon.

Transfer of securities representing Royal Canal Guarantee Fund to the Company.

128. —The following securities, namely Five thousand five hundred and thirty-eight pounds and nine shillings, two and half per cent. Consols (representing the residue of the sum directed to be invested by the British statute (58 Geo. III., c. 35) passed in the year 1818 and entitled an Act to provide for the maintaining of the Royal Canal from the River Liffey to the River Shannon in Ireland) standing in the books of the Bank of Ireland in the names of the Minister for Finance and the Minister and held by them at the passing of this Act as trustees for the dissolved railway company shall, as soon as may be after the establishment date, be transferred by the Minister for Finance and the Minister to the Company and shall upon such transfer be held by the Company freed from all trusts and obligations affecting the said securities by virtue of the said British statute or the Midland Great Western Railway of Ireland (Moate Deviation) Act, 1848.

Agreements entered into by railway companies other than the Company.

129. —(1) On and after the establishment date every railway company (other than the Company) whose or any part of whose railway lies within the State shall—

(a) within fourteen days after the date on which any agreement or arrangement with any other transport undertaker (whether made under statutory powers or otherwise) is entered into by that railway company whereby provision is made for the allocation or routing of traffic to or from any place in the State or for the pooling of receipts from such traffic or for differential rates on traffic passing by sea to or from the State, furnish to the Minister written particulars of such agreement or arrangement,

(b) within seven days after being so required by the Minister, furnish such further particulars and information as the Minister may require in respect of the contents of any such agreement or arrangement.

(2) If any railway company (other than the Company) fails to comply with the provisions of subsection (1) of this section that company shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds, together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued.

(3) If any railway company (other than the Company) in furnishing any information under this section, furnishes any false or misleading information, that company shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Restrictions on compulsory acquisition of land held by transport undertakers.

130. —Notwithstanding anything contained in any enactment, no person shall, without the previous consent of the Minister, acquire compulsorily any land or premises held or occupied by a body corporate for the purposes of any railway, tramway, harbour, dock, inland navigation or air navigation undertaking or acquire, terminate, restrict or otherwise interfere with compulsorily any easement, wayleave or other right whatsoever over or in respect of any such land.

Cancellation of certain stocks of the dissolved railway company.

131. —Any stock of the dissolved railway company which is at the passing of this Act registered in the name of the dissolved railway company shall, immediately upon the passing of this Act be, by virtue of this section, cancelled.

Redemption of certain stocks of the dissolved railway company.

132. —The dissolved railway company shall have and be deemed always to have had power to redeem in cash by agreement with the holders thereof any of the following stocks, that is to say:—

North Wall Extension, Lines 1 and 2—£100 shares.

4 per cent. New Ross and Waterford Extension Railways' Guaranteed Stock.

4 per cent. City of Dublin Junction Railways' Debenture Stock, 1884 and 1887.

4 per cent. City of Dublin Junction Railways' Debenture Stock, 1894 and 1897.

4 per cent. City of Dublin Junction Railways' Preference Stock.

4 per cent. City of Dublin Junction Railways' Guaranteed Stock.

4 per cent. Redeemable (1947) Debenture Stock.

Provisions in relation to maintenance and operation of Victoria Bridge in the City of Dublin.

133. —(1) In this section—

the expression “the bodies concerned” means the Company, the Dublin Corporation and the Grand Canal Company;

the expression “the Bridge” means the Victoria Bridge across the Grand Canal in the County Borough of Dublin;

the expression “the contemplated agreement” means an agreement to be made between the bodies concerned with respect to the maintenance (including reconstruction), and control of the Bridge;

the expression “the appointed period” means the period of one year from the date of the passing of this Act, or such further period as the Minister may allow.

(2) The bodies concerned may, within the appointed period, execute the contemplated agreement, but the contemplated agreement, if so executed, shall not have any force unless confirmed by the Minister, who is hereby authorised, if he thinks fit, to do so.

(3) If the contemplated agreement is executed within the appointed period and confirmed by the Minister, the following provisions shall thereupon have effect—

(a) the said agreement shall have statutory effect;

(b) each of the bodies concerned shall, notwithstanding any limitation on the power of that body to enter into it, be deemed to have power to enter into the said agreement;

(c) it shall be the duty of each of the bodies concerned and each of the said bodies is hereby empowered to carry out the said agreement so far as the provisions thereof are to be carried out by that body.

(4) If the contemplated agreement is not executed within the appointed period or, being so executed, the Minister refuses to confirm it, the following provisions shall have effect—

(a) the Chief Justice, at the request (made after consultation with the Minister for Local Government and Public Health) of the Minister, shall appoint an arbitrator to determine, after hearing the bodies concerned, the terms and conditions which, having regard to the circumstances then existing, should, in his opinion, govern the future maintenance (including reconstruction) and control of the bridge.

(b) the determination of the arbitrator shall have statutory effect and it shall be the duty of each of the bodies concerned, and each of them is hereby empowered, to carry out the terms of the said determination so far as the provisions thereof are to be carried out by that body,

(c) the remuneration of the arbitrator shall be fixed by the Chief Justice and shall be paid in equal proportions by the bodies concerned,

(d) the arbitrator may, as respects the costs and expenses of the bodies concerned in the proceedings before him, make such order as in his discretion he thinks fit.

Agreement between the Company, the Cork Corporation and the Cork Harbour Commissioners with respect to maintenance and operation of bridges in the City of Cork.

134. —(1) The Company, the Lord Mayor, Aldermen and Burgesses of Cork and the Cork Harbour Commissioners may enter into an agreement (in this section referred to as the said agreement) with respect to the maintenance, opening and closing of the bridge across the North Channel of the River Lee and the bridge across the South Channel of the River Lee, both in the county borough of Cork, but the said agreement shall not have any force or effect unless confirmed by the Minister, who is hereby authorised, if he thinks fit, to do so.

(2) If the said agreement is confirmed by the Minister, the following provisions shall thereupon have effect, that is to say:—

(a) the said agreement shall have statutory effect,

(b) each of the parties thereto shall, notwithstanding any limitation on the power of that party to enter into it, be deemed to have power to enter into the said agreement,

(c) it shall be the duty of each of the parties thereto and each of the said parties is hereby empowered to carry out the said agreement so far as the provisions thereof are to be carried out by that party.

Deposit with Minister of agreements regulating conditions of service of road transport employees of railway company.

135. —The original or counterpart, or a copy, certified, in such manner as the Minister shall direct, to be a true copy, of every agreement made after the passing of this Act in accordance with section 10 (which relates to the regulation of conditions of service of road transport employees of railway companies) of the Railways Act, 1933 (No. 9 of 1933), shall be deposited with the Minister within one month after the making of the agreement.