PART II.

Reduction or Cesser of Service on Certain Railway Lines.

4. —This Part of this Act applies to every railway line (whether forming or not forming part of a larger railway line or of a system of railway lines) for or towards the construction of which a free grant was made out of public moneys or which was constructed under a statutory order whereby a presentment by a grand jury guaranteeing payment of dividends by the company constructing such line was confirmed.

5. —Every order made by the Minister under this Part of this Act shall state the day (not being prior to the day on which such order is made) on which such order is to come into operation and every such order shall come into operation on the day so stated therein.

6. —(1) In the case of any railway line to which this Part of this Act applies and over which a specified service of trains was, immediately before the passing of the Principal Act, required by statute, statutory order, or statutory agreement to be run as a minimum service or otherwise, it shall, from and after the passing of this Act until otherwise provided by an order under this Part of this Act, be obligatory for the company owning such line to run over such line in accordance with the said statute, statutory order, or statutory agreement (as the case may be) the said specified service of trains required by the said statute, order, or agreement, whether such statute, order, or agreement is or is not in force at the passing of this Act or at any time thereafter.

(2) In the case of every railway line to which this Part of this Act applies and over which no specified service of trains is required by the preceding sub-section of this section to be run, it shall, from and after the passing of this Act until otherwise provided by an order under this Part of this Act, be obligatory for the company owning such line to run over such line a service of trains giving facilities for transport of passengers, merchandise and mails not less in quantity or convenience than the facilities for such transport given by the service of trains run over the said line during the last seven days of the month of November, 1931.

7. —(1) The Minister may, by order made on the application of a company owning a railway line to which this Part of this Act applies, relieve such company from any obligation imposed on such company by or under this Act of running a particular service of trains over such railway line and, in lieu thereof, shall by such order impose on such company the obligation of running over such railway line the modified service of trains specified in such order.

(2) The Minister shall not make an order under this section unless he is satisfied that, having regard to the alternative transport facilities which are or will be available in the district served by the railway line to which such order relates, no undue inconvenience will be occasioned by such order to the public in such district.

(3) Whenever the Minister makes an order under this section imposing on a company the obligation of running over a railway line owned by such company a modified service of trains, it shall, from and after the coming into operation of such order until otherwise provided by a subsequent order under this Part of this Act, be obligatory for such company to run over such railway line the modified service specified in such order.

8. —(1) The Minister may, by order made on the application of a company owning a railway line to which this Part of this Act applies, authorise such company to cease, as from the coming into operation of such order until otherwise provided by a subsequent order under this Part of this Act, to run any trains over such railway line.

(2) The following provisions shall have effect in relation to an order made under this section, that is to say:—

(a) the Minister shall not make such order unless he is satisfied that, having regard to the alternative transport facilities which are or will be available in the district served by, the railway line to which such order relates, adequate transport facilities will be available to the public in such district notwithstanding the cesser of the running of trains over such railway line;

(b) from and after the coming into operation of such order and unless or until such order is revoked by a subsequent order under this Part of this Act, it shall not be obligatory under this Act or otherwise for the company owning the railway line to which such order relates to run any trains on such railway line;

(c) such order shall not relieve from or affect any liability of the company owning the railway line to which such order relates 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 the owners or the occupiers of particular lands;

(d) from and after the coming into operation of such order and unless or until such order is revoked by a subsequent order under this Part of this Act, so much of section 47 of the Railway Clauses Consolidation Act, 1845, as makes it obligatory on a railway company to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on the railway line to which such order relates if and so long as all the gates of such level crossing are kept and secured in such position as to permit the free passage of road traffic across such line at such crossing.

9. —(1) Subject to the provisions of this section, the Minister may by order (in this section referred to as a revocation order) revoke, whenever he thinks proper, any order (in this section referred to as an original order) previously made by him under any other section of this Part of this Act.

(2) The following provisions shall have effect in relation to the making of revocation orders under this section, that is to say :—

(a) the Minister shall not make a revocation order without giving notice of his intention to make such order to the company affected by the original order intended to be thereby revoked and affording such company an opportunity of making representations to him in regard to such intended revocation order;

(b) the Minister shall not make a revocation order unless he is satisfied that, by reason of transport facilities alternative to the railway line affected by the original order not being or having ceased to be available, adequate transport facilities are not available to the public in the district served or formerly served (as the case may be) by such railway line;

(c) a revocation order shall operate to revive and re-instate every obligation imposed by this Part of this Act or an order thereunder which was in operation immediately before the making of the original order and was expressly or impliedly relieved against or removed by such original order.

10. —(1) Whenever the Minister proposes to make an order under this Part of this Act or an application is made to the Minister for any such order, the Minister may, if he thinks proper so to do, cause a public inquiry in regard to the making of such order to be held under and in accordance with this section.

(2) Every public inquiry held under this section shall be held by such person and at such time and place as the Minister shall appoint, and the person holding such inquiry shall have power to take evidence on oath and for that purpose to administer oaths.

(3) All expenses incurred by the Minister in holding a public inquiry under this section shall, unless the Minister with the sanction of the Minister for Finance otherwise directs, be paid by the company owning the railway line in relation to which such inquiry is held, and the amount of such expenses shall be fixed by the Minister with the sanction of the Minister for Finance and when so fixed shall be recoverable by the Minister from such company.

(4) The person holding a public inquiry under this section may, if he thinks proper so to do, order the costs and expenses incurred by any person of appearing or being represented and adducing evidence at such inquiry to be paid by any other person who appeared or was represented at such inquiry.

(5) Whenever the person holding a public inquiry under this section orders the costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing-master of the High Court on the requisition of either the person to whom or the person by whom such costs and expenses were so ordered to be paid, and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any court of competent jurisdiction by the person to whom and from the person by whom such costs and expenses were so ordered to be paid.