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12 1945

ELECTRICITY (SUPPLY) (AMENDMENT) ACT, 1945

PART V.

Particular Powers and Duties of the Board.

Construction, etc., of transport works by the Board.

30. —(1) (a) The Minister may, on the application of the Board, make an order (in this section referred to as a transport works order) under this subsection authorising the Board to construct, maintain and operate, for the purposes of the performance by the Board of any of its functions under the Electricity (Supply) Acts, 1927 to 1942, or this Act, the transport works specified therein in such manner, subject to such restrictions and provisions, and on such terms as the Minister thinks proper and specifies in the order;

(b) every application for a transport works order shall be accompanied by a draft of the proposed order, a plan of the proposed transport works and a book of reference to such plan, and such draft, plan and book of reference shall be in such form as the Minister may direct;

(c) where an application is made for a transport works order the Board, if so required by the Minister, shall—

(i) deposit and make available for inspection, in accordance with the directions of the Minister, a copy of the plan and the book of reference which accompanied the application,

(ii) publish, in accordance with the directions of the Minister, such notices as the Minister shall specify in that behalf.

(2) For the purpose of the exercise of the powers conferred on the Board by a transport works order, it shall be lawful for the Board to do all or any of the following things, that is to say:—

(a) acquire (either permanently or temporarily and either by agreement or compulsorily) any land or any easement, way-leave, or other right over or in respect of any land;

(b) terminate, restrict, or otherwise interfere with (either permanently or temporarily and either by agreement or compulsorily) any easement, way-leave, or other right over or in respect of any land;

(c) divert, close, remove, or otherwise interfere with (either permanently or temporarily and either by agreement or compulsorily) any private road, way, or bridge;

(d) subject to the provisions of this Act, close, divert, remove, or otherwise interfere with any public road or bridge.

(3) The following provisions shall have effect in relation to every transport works order—

(a) the order shall contain such provisions as the Minister thinks necessary or expedient for the purposes of the order;

(b) without prejudice to the generality of paragraph (a) of this subsection, the order—

(i) shall specify the manner in which the transport works to which the order relates are to be constructed,

(ii) may contain provisions as to the manner in which the said transport works are to be operated and maintained,

(iii) shall contain provisions limiting the use of the said transport works to purposes relating to the performance by the Board of its functions under the Electricity (Supply) Acts, 1927 to 1942, or this Act and to such other purposes (if any) as may be specified in the order,

(iv) shall contain all such provisions as the Minister thinks proper for the protection of the public generally and any persons affected by the order.

(v) may incorporate any provisions (including penal provisions) contained in any enactment relating to railways, with such adaptations and modifications as the Minister thinks proper,

(vi) may provide for the determination by arbitration of any specified questions arising thereunder,

(vii) may, in relation to the exercise of the powers conferred on the Board by subsection (2) of this section, contain provisions to the like effect as those contained in section 8 of this Act,

(viii) may contain such provisions ancillary or incidental to any of the matters aforesaid as the Minister considers necessary and proper.

(4) The Minister may by order under this subsection amend a transport works order.

(5) Every order under this section shall have statutory effect.

(6) Where the Minister makes a transport works order, he may make regulations (not inconsistent with the order) in relation to the manner in which the transport works to which the order relates are to be maintained and operated, and the Board shall comply with any such regulations.

(7) In this section the expression “transport works” means any works being—

(a) a railway, or

(b) a tramway.

Manufacture of electrical apparatus, etc., by the Board.

31. —(1) Whenever the Minister is of opinion that the then existing or the probable future requirements in the State in respect of any particular class of apparatus, machinery, or equipment for the generation, transmission, distribution, or use of electricity are not being and are not likely to be met sufficiently and efficiently by businesses then lawfully established in the State, the Minister, if he so thinks proper, may, subject to the provisions of this section, authorise the Board to manufacture or arrange for the manufacture of that particular class of such apparatus, machinery, or equipment in accordance with this section.

(2) The following provisions shall apply and have effect in relation to the giving by the Minister to the Board of any such authorisation as is mentioned in the foregoing subsection of this section, that is to say:—

(a) before giving any such authorisation the Minister shall cause notice of his intention to give such authorisation to be published in the Iris Oifigi[html]il and in such other manner as shall appear to the Minister to be calculated to bring his said intention to the knowledge of persons concerned;

(b) every such notice shall state the class of apparatus, machinery, or equipment to which such authorisation is intended to apply and that any person may within a specified time (not being less than thirty days after the publication of such notice in the Iris Oifigi[html]il) send to the Minister in a specified manner an objection (with the grounds therefor) to the giving of such authorisation;

(c) the Minister shall consider every such objection so sent to him within the said specified time;

(d) after the expiration of the said specified time, the Minister may, if he so thinks proper having regard to such objections (if any), give such authorisation either in accordance with his said intention or in such modified form as he shall think proper having regard as aforesaid;

(e) the Minister may attach to any such authorisation such (if any) conditions and restrictions as he shall think proper.

(3) When the Minister has given to the Board an authorisation under this section, the Board may, in accordance with the terms of such authorisation, themselves manufacture and sell the apparatus, machinery, or equipment specified in such authorisation or may arrange for the manufacture and sale thereof by other persons.

(4) Where the Board arranges under this section for the manufacture and sale of apparatus, machinery, or equipment by other persons, the Board, after consultation with the Minister for Finance, may, with the consent of the Minister and subject to such (if any) conditions as he may impose, do all or any of the following things, that is to say:—

(a) promote, either alone or in conjunction with other persons, a limited company (complying with the subsequent provisions of this section) for such manufacture and sale, or

(b) acquire, in whole or in part, any undertaking engaged in such manufacture and sale, or

(c) assist by way of investment, loan, advance, or guarantee any person engaged in such manufacture and sale.

(5) The following provisions shall apply and have effect in relation to every limited company promoted by the Board (either alone or in conjunction with other persons) under this section, that is to say:—

(a) the memorandum and articles of association of such company shall be subject to the approval of the Minister given after consultation with the Minister for Finance;

(b) the said articles of association shall provide that the Board shall be entitled to appoint, from amongst the members and officers of the Board, at least one director of such company;

(c) the accounts of such company shall be submitted annually to the Minister and shall be audited (at the expense of such company) by an auditor approved of by the Minister;

(d) such company shall furnish to the Minister such information in regard to its business as the Minister may from time to time require.

(6) The Board shall be entitled, for the purposes of its functions under this section, to acquire and hold patents and trade marks and to expend moneys on preliminary investigations.

(7) Where the Board itself manufactures and sells apparatus, machinery, or equipment under this section, the Board shall keep separate accounts in respect of such manufacture and sale and shall submit such accounts (when audited) to the Minister together with such other information in respect of such manufacture and sale as the Minister may require.

Purchase and sale of electricity outside the State.

32. —(1) The statutory powers of the Board to buy electricity in bulk and to re-sell it to individual consumers shall extend to and authorise the purchase by the Board of electricity in bulk from persons outside the State and the re-sale of such electricity to consumers within the State.

(2) The statutory powers of the Board to sell electricity in bulk shall extend to and authorise the sale of electricity in bulk to central or local authorities or other persons outside the State and the statutory powers of the Board to sell electricity to individual consumers shall extend to and authorise the sale of electricity by distribution to individual consumers outside the State.

(3) For the purpose of the exercise of all or any of the extended powers vested in the Board by virtue of the foregoing provisions of this section, it shall be lawful for the Board to do all or any of the following things, that is to say:—

(a) to enter into arrangements with central or local authorities and other persons outside the State;

(b) to construct or arrange for the construction of transmission systems and other works wholly or partially outside the State;

(c) to do all such things as shall be incidental or ancillary to the exercise of the said extended powers;

(d) to defray, wholly or partially, the costs and expenses incurred in the exercise of the said extended powers or the doing of anything authorised by this subsection.

Duties of the Board in regard to public roads and bridges.

33. —(1) Where the Board is empowered by this Act to close, divert, submerge, remove, or otherwise interfere with a public road or bridge for the purpose of the execution of any works (whether in pursuance of an approved scheme or otherwise under this Act), the following provisions shall have effect, that is to say:—

(a) where the execution of such works involves the closing of such road or bridge to traffic, the Board (unless relieved therefrom under the next following subsection of this section) shall either, as they shall think proper, construct and (while such road or bridge is so closed to traffic) maintain a temporary road or bridge sufficient to carry traffic of such quantity and character as normally uses the said closed road or bridge, or prescribe, with the consent of the Minister for Local Government and Public Health, an alternative route to be used while such road or bridge is so closed to traffic;

(b) the Board (unless relieved therefrom under the next following subsection of this section) shall, at or before the completion of the execution of such works, do whichever of the following things they shall think proper, that is to say:—

(i) restore the said closed road or bridge, or

(ii) after consultation with the Minister for Local Government and Public Health, construct a new permanent road or bridge sufficient to carry the like amount (in quantity and character) of traffic as the said closed road or bridge was, before its closure, able to carry and not substantially less convenient in gradient and curve than the said closed road or bridge, or

(iii) with the consent of the Minister for Local Government and Public Health, so improve (by reconstruction, strengthening, widening, or otherwise) an existing alternative road or bridge that it will be sufficient to carry the traffic which will be likely to use it and will not be substantially less convenient than the said closed road or bridge;

(c) where the Board constructs a permanent road and such road is, in the opinion of the Minister for Local Government and Public Health, substantially an improvement of a pre-existing road, such local authority or local authorities as the said Minister shall direct shall bear and pay to the Board such portion of the cost of the construction of such road and (in the case of two or more such authorities) in such proportions as the said Minister shall direct;

(d) where the construction of a new road by the Board involves the construction of an embankment or similar work or of a bridge and the Minister for Local Government and Public Health is of opinion that portion of the cost of the maintenance of such work or bridge (other than the road surface) should be borne by the Board, the Board shall bear and pay such portion of the said cost of maintenance as the said Minister shall direct;

(e) where the Board constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district than the original bridge, whether by affording an improved means of communication or otherwise, the Board shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost, in his opinion, ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of road maintenance and shall be paid by such council to the Board;

(f) if any doubt, dispute, or question shall arise as to whether the Board, in the construction or maintenance of any temporary road or bridge or the construction of any permanent road or bridge or the restoration of an existing road or bridge or the improvement of an existing alternative road or bridge (as the case may be) pursuant to this section have complied with the relevant provisions of this section, or as to whether a permanent new bridge constructed by the Board confers substantially greater advantages on the public of any county or urban district than the original bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health whose decision shall be final and conclusive.

(2) Where the Board is empowered by this Act to close, submerge, or remove permanently a public road or bridge for the purpose of the execution of any works (whether in pursuance of an approved scheme or otherwise under this Act) and the Minister, after consultation with the Minister for Local Government and Public Health, is satisfied that, having regard to all the circumstances of the case, a new road or bridge (as the case may be) in lieu of the road or the bridge so closed, submerged, or removed is not required, the Minister may by order declare that the foregoing subsection of this section shall not apply or have effect in relation to such road or bridge (as the case may be), and upon such order being made the said foregoing subsection shall not apply or have effect in relation to such road or bridge (as the case may be) and the Board shall be relieved from all obligations in relation to such road or bridge (as the case may be) which, but for such order, would be imposed on them by the said foregoing subsection.

(3) The Board may agree with the appropriate local authority for the doing by such local authority of anything which the Board is required or authorised by subsection (1) of this section to do and may further agree to make to such local authority payment for or towards the cost of the doing of such thing by such local authority.

(4) When the Board has completed in pursuance of this section the restoration of a closed road or bridge or the construction of a new permanent road or bridge or the improvement of an existing alternative road or bridge, the Board shall hand over to the appropriate local authority and such local authority shall accept the road or bridge so restored, constructed, or improved (as the case may be), and thereupon the Board shall be permanently relieved (save as is otherwise expressly provided by this section) from all liability or responsibility for the maintenance of such road or bridge (as the case may be).

Power of the Board to alter the levels of lakes, etc.

34. —From and after the completion of the works provided for by an approved scheme, it shall be lawful for the Board to control and from time to time to alter or otherwise affect, in such manner as the Board shall consider necessary for or incidental to the operation of those works, the level of any lake, pond, or other water on or connected (directly or indirectly) with the river in or on which such works are situate.

Powers and duties where acquired land is subject to a land purchase annuity, etc.

35. —Whenever the Board acquires permanently under this Act any land which is subject, either alone or in conjunction with other land, to a land purchase annuity, payment in lieu of rent, or other annual sum (not being merely rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the Board shall, as from the date on which the Board enters on and takes possession of the land so acquired—

(a) become and be liable for the payment to the Irish Land Commission or the said Commissioners (as the case may be) of such annual sum, or such portion thereof as shall be apportioned by the Irish Land Commission or the said Commissioners (as the case may be) on such land, as if such land had been transferred to the Board by the owner thereof on that date, and

(b) be entitled, if the Board so thinks fit, to redeem such annual sum or such portion thereof as aforesaid, and

(c) be obliged, if required by the Irish Land Commission or the said Commissioners (as the case may be) so to do, to redeem such annual sum or such portion thereof as aforesaid.

Acquisition of land in lieu of payment of compensation.

36. —Whenever the Board is of opinion that the payment of compensation for the flooding of or other interference with any land under this Act would be uneconomic or for any other reason inexpedient, the Board may acquire such land permanently under this Act either by agreement or compulsorily.

Power of the Board to employ contractors.

37. —(1) Whenever the Board are authorised by this Act to execute any engineering, building, or other work whatsoever, the Board may, in lieu of executing such work themselves by their ( own officers and servants, contract with any person (in this Act referred to as a contractor) for the execution of the whole or any part of such work by such person and may for that purpose enter into such contracts and agreements as may be requisite.

(2) Whenever the Board contract under this section with any person for the execution by him of any work, the Board may, by any contract or agreement with such person, delegate to him the right to execute such work under this Act, and thereupon such person shall have, concurrently with the Board, the right to do such work and to exercise such of the powers conferred on the Board by this Act as are necessary for the purpose of doing such work and are specified in that behalf in such contract or agreement.

(3) References in this Act to the doing of any work or thing by the Board shall be construed and have effect as including the doing of such work or thing by a contractor employed and authorised in that behalf by the Board under this section.