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17 1953

GREAT NORTHERN RAILWAY ACT, 1953

PART II.

The Great Northern Railway Board.

Establishment and Functions.

Establishment.

6. —(1) There shall be a Board to be known as the Great Northern Railway Board.

(2) The Board shall stand established on such date as is agreed upon by the Minister and the Minister of Commerce.

(3) The establishment date shall be declared by the Minister by order.

(4) The provisions of the Second Schedule shall apply to the Board.

General powers and duties.

7. —(1) The general function of the Board shall be to operate the undertaking carried on before the establishment date by the Company and the Board shall have all such powers as are necessary for that purpose.

(2) The Board shall have power—

(a) to enter into and carry out 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,

(b) to enter into and carry out agreements with other transport undertakers with a view to co-ordinating the transport services provided by the Board with other transport services.

(3) The Board shall comply with such directions as may be given by the Minister, jointly with the Minister of Commerce, as to matters of policy relating to the conduct of the undertaking.

(4) The Board shall comply with such directions as may be given by the Minister as to matters of policy relating exclusively to the conduct of the undertaking in the State.

Transfer of Assets of Great Northern Railway Company (Ireland).

Transfer of undertaking other than land.

8. —(1) On the establishment date the whole of the undertaking of the Company (other than the land of the Company) including all property, assets, powers, rights, licences and privileges held or enjoyed in connection therewith or appertaining thereto shall by virtue of this section be transferred to the Board.

(2) Subject to the provisions of this Act the Board may exercise and enforce all rights, powers and privileges, other than powers of raising money, which were, immediately before the establishment date, vested in the Company.

(3) Subject to the provisions of this Act the Board shall, to the exclusion of the Company, be subject to all liabilities, whether arising by statute or otherwise, to which the Company was subject immediately before the establishment date.

(4) The Board shall not be subject to any liability in respect of any security of the Company for which compensation is payable under this Act, or in respect of any agreement for the rendering to the Company of personal services as a director.

(5) The Company 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 effectively transferred into its name any property or assets vested in the Board by virtue of this section.

(6) No proceeding (including an arbitration) or cause of action pending or existing immediately before the establishment date by or against the Company 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 the Company if this Act had not been passed, but not further or otherwise.

(7) Subject to the provisions of this Act, all contracts, deeds, bonds, agreements (other than agreements for the rendering to the Company of personal services as a director) and other instruments and all working arrangements subsisting immediately before the establishment date and affecting the Company 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 the Company, the Board had been a party thereto.

Vesting of land.

9. —(1) On the establishment date—

(a) all land (except the Dundalk Works) held by the Company in the State shall vest in the Minister, and

(b) the Dundalk Works (described in Part I of the Third Schedule ) shall vest in the Board,

for all the estate, right, title and interest of the Company.

(2) On the establishment date that part of the railway line and land of the Dundalk, Newry and Greenore Railway Company described in Part II of the Third Schedule and extending between George's Quay, Dundalk, and the junction with the Great Northern Railway at Barrack Street, Dundalk, shall vest in the Minister for all the estate, right, title and interest of that Company.

Particular Powers and Duties.

Licence to use land.

10. —(1) Subject to this section, the Board is hereby authorised and empowered, for the purposes of carrying on its undertaking, to occupy and use the land for the time being vested in the Minister by section 9 or under section 20.

(2) For the purpose of the exercise, enforcement and performance of all powers, privileges, rights and obligations attaching to the estate, right, title and interest of the Minister in the land, the Board shall stand in the place of the Minister but shall not, save as provided by sections 21 and 27, have power to sell any such land or, without the consent of the Minister, to let it for a period exceeding three years.

(3) The Board shall—

(a) at its own expense maintain the land, including all railway lines, roads, bridges, viaducts, tunnels, drains, premises, works and structures of whatsoever kind;

(b) discharge all rent, rates and other outgoings due by it by virtue of this section in respect thereof;

(c) satisfy the Minister, whenever he so requests, that the use or occupation of any land by the Board continues to be necessary for the proper operation of the undertaking; and

(d) permit the Minister and persons authorised by him to enter upon and use and occupy any land so far as such entry, user and occupation do not affect the proper operation of the undertaking.

(4) The use or occupation by the Board of any hereditament or tenement, within the meaning of the Valuation Acts, shall not be regarded as use or occupation of a public nature or for a public purpose, within the meaning of any enactment conferring exemption from a rate leviable by any local authority.

Classification of merchandise.

11. —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.

Charges and terms and conditions of carriage of merchandise.

12. —(1) In this section—

charges” include fares, rates or tolls;

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 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.

(2) Subject to subsection (3) the Board may fix, demand, take and recover such charges as the Board thinks fit for services provided by it.

(3) Where the Board proposes to make a general increase in the charges for any services, the following provisions shall have effect:—

(a) the Board shall give to the Minister one month's notice in advance of its proposal;

(b) the Board shall not put into force any proposal of which the Minister, within that month, notifies the Board of his disapproval.

(4) 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 the trader's merchandise the charges so agreed.

(5) (a) The Board shall keep for sale copies 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 in respect of the carriage of merchandise by rail.

(b) The Board shall keep for public inspection at its principal office in the State copies 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 in respect of the carriage of merchandise by rail.

(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.

(6) The Board may attach to the services afforded by it such terms and conditions as the Board thinks fit.

Carriage of dangerous goods by rail.

13. —(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 Company 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 telegraphs.

14. —Every vehicle operated by the Board for use on any public road or on rail and moved by electrical power shall be so equipped and worked as to prevent any interference with telegraphic communication by means of any telegraphic line (within the meaning of the Telegraph Act, 1878) belonging to or used by the Minister for Posts and Telegraphs.

Bye-laws.

15. —(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;

(b) for regulating the loading and unloading of its vehicles and, subject to any statutory provisions in that behalf, the weights which its vehicles are to carry;

(c) for regulating the receipt and delivery of merchandise and other things which are to be carried on its vehicles;

(d) for preventing the commission of nuisances in or upon its vehicles 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 the Company 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 used or occupied by or vehicles belonging to or used by 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 and the working of its transport services.

(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 at any time during the period of thirty days commencing on the date of the first publication of the notice submit to the Minister objections to the confirmation of the bye-laws;

(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 shall not make any such order 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, 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) All bye-laws made by the Company and in force immediately before the establishment date shall, on and after that 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.

Saving for existing rules and regulations.

16. —All rules and regulations made by the Company and in force immediately before the establishment date shall, on and after the establishment date, continue in force until revoked, altered or superseded.

Service of documents on the Board.

17. —Any document required 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.

Powers of Minister.

Investigation of affairs of the Board.

18. —(1) The Minister acting jointly with the Minister of Commerce shall have power to make such investigations as he thinks necessary into the affairs of the Board and to appoint persons to conduct such investigations and report to each Minister thereon.

(2) The Minister shall have power to make such investigations as he thinks necessary into the operation of the undertaking exclusively in the State and to appoint persons to conduct such investigations and report to the Minister thereon.

(3) A person appointed under this section shall have power to enter and inspect at all reasonable times the lands, premises, works and vehicles of the undertaking and to examine all books and documents of the Board, and the Board and each of its members and every officer and servant thereof shall furnish him with such information and afford him such facilities as he may reasonably require for the performance of his functions.

(4) Any person who impedes a person appointed under this section in the performance of his functions or refuses or neglects to furnish him with such information or to afford him such facilities as he may reasonably require shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding two months or to both such fine and such imprisonment.

(5) The fees of persons appointed under subsection (1) shall be such as are approved of by the Minister, with the consent of the Minister for Finance, and by the Ministry and shall to the extent of one-half thereof be paid by the Minister.

(6) The fees of persons appointed under subsection (2) shall be such as are approved of by the Minister, with the consent of the Minister for Finance, and shall be paid by the Minister.

Annual report and information.

19. —(1) The Board shall in each year make to the Minister a report on the operation of the undertaking during the preceding year.

(2) The Minister shall cause the report to be laid before each House of the Oireachtas and copies thereof shall be placed on sale by the Board.

(3) The Board shall furnish the Minister with such information relating to the undertaking as the Minister may from time to time require.

Acquisition and Sale of Land.

Acquisition of land.

20. —(1) (a) The Board, with the consent of the Minister and the Minister for Finance, may, in the name and on behalf of the Minister, acquire land for the use of the Board.

(b) Land acquired under this subsection shall be expressed to vest and shall vest in the Minister and, accordingly, section 10 shall apply in relation to it.

(2) The Board, with the consent of the Minister and the Ministry, may acquire additional land for the purposes of the Dundalk Works.

(3) Sections 17 and 18 of the Transport Act, 1950 (No. 12 of 1950), shall apply to the acquisition of land for the purposes of this section, references therein to “the Board” being construed as references to the Board established by this Act.

Sale of surplus land.

21. —(1) Where, after consultation with the Board, the Minister is satisfied that any land vested in him by section 9 or under section 20 is no longer required by the Board for the purposes of the undertaking, the Minister, or the Board acting with the consent and on behalf of the Minister, may (subject, in regard to railway lines, to section 27) sell or otherwise dispose of the land.

(2) The proceeds of sale or disposal of land under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.