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17 1953

GREAT NORTHERN RAILWAY ACT, 1953

PART III.

Termination of Train Services.

Common service.

22. —In this Part “common service” means the service, for passengers and merchandise or either of them, provided between the State and Northern Ireland by all trains which operate both within and outside the State over a railway line specified in the Fourth Schedule.

Termination of common service.

23. —(1) The succeeding provisions of this section shall, not-withstanding any statutory or other obligation to the contrary, apply to the termination of a common service.

(2) The Board, the Minister or the Minister of Commerce may propose the termination of a common service and thereupon—

(a) the proposal shall be submitted for the joint consideration of the Minister and the Minister of Commerce,

(b) the Minister, if he thinks proper, may, in agreement with the Minister of Commerce, refer the proposal to the Chairman of the Transport Tribunal to advise and report in collaboration with the Chairman of the Transport Tribunal for Northern Ireland,

(c) the Chairman of the Transport Tribunal shall have power, jointly with the Chairman of the Transport Tribunal for Northern Ireland, to engage the services of other persons for the purpose of assisting them in considering the proposal and to hold a public inquiry on the proposal,

(d) the fees of any person engaged as aforesaid shall be such as are approved of by the Minister, with the consent of the Minister for Finance, and by the Ministry, and the Minister shall pay one-half of the amount of—

(i) any fees so approved, and

(ii) the expenses incurred by the Chairman of each Tribunal in advising and reporting on the proposal, and

(iii) the expenses of holding any public inquiry on the proposal.

(3) After considering any advice and report as aforesaid, the Minister and the Minister of Commerce may together—

(a) authorise the termination of the common service, or

(b) refuse to consent to the termination of the service.

(4) Where after considering any advice and report as aforesaid the Minister of Commerce consents to the termination of a common service but the Minister does not consent, the Board shall continue the service and the Minister shall be liable to make good to the Board any loss sustained by the continuance of the service.

(5) Any right of the Board under this section to terminate a common service on any railway line shall not affect in any way any obligation of the Board to continue to provide any other service theretofore provided on that line, but the Board, on becoming entitled to terminate the common service, may, and shall if so directed by the Minister, proceed in accordance with section 24 to terminate wholly that other service.

(6) Where the Board by virtue of this section terminates a common service—

(a) such termination shall not affect in any way any liability of the Board to maintain bridges, level crossings, fences, drains and other works constructed and maintained for the use, accommodation or protection of the public generally or of any members of the public or of the owners or occupiers of particular lands;

(b) so much of section 47 of the Railways' Clauses Consolidation Act, 1845, as makes it obligatory to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on any part of the railway line concerned over which the Board is not for the time being obliged to provide any other service if and so long as all the gates on that level crossing are kept and secured in such position as to permit the free passage of road traffic across the line at that level crossing.

Termination of other services.

24. —(1) Notwithstanding any statutory or other obligation to the contrary, the Board may, and shall if so directed by the Minister, proceed under this section to terminate wholly a transport service (other than a common service) on any railway line of the undertaking.

(2) Where it is proposed to seek authority to terminate a service to which this section applies, the Board shall publish notice of the proposal in Iris Oifigiúil and in at least one newspaper circulating in the area in which the service operates.

(3) The notice shall specify the service which it is proposed to terminate and any alternative road services to be provided and the time (not being less than one month after publication of the notice) within which objections to the proposal may be sent to the Minister by any body or association of persons affected by the proposal.

(4) If, within the specified time, no objection is received by the Minister, the Board shall not terminate the service until the Minister has had an opportunity for discussion with the Minister of Commerce of any common interest which may be affected by the termination and has notified the Board accordingly.

(5) If any objections have been duly received by the Minister, the Board shall not terminate the service unless—

(a) it has been so authorised by order of the Transport Tribunal under subsection (7), and

(b) the Minister has had an opportunity, following the making of the order, for discussion with the Minister of Commerce of any common interest which may be affected by the termination and has notified the Board accordingly.

(6) On receipt of notification under subsection (4) or (5), the Board may terminate the service or, with the consent of the Minister, may agree to continue the service on an undertaking being given by the Minister of Commerce to make good to the Board any loss sustained by the continuance of the service.

(7) Where the Board applies to the Tribunal for an order authorising the Board to terminate a service the Minister shall transmit to the Tribunal the objections duly received by him and the Tribunal, having heard the Board and the objectors, shall have power—

(a) to make the order, with or without modifications, and with or without a limitation on the period of its operation, or

(b) to refuse to make an order.

(8) The Board shall publish, at such times and in such manner as the Tribunal direct, notice of the making of an order under subsection (7).

(9) Where the Board becomes entitled, by virtue of this section, to terminate a service—

(a) such termination shall not affect in any way any liability of the Board to maintain bridges, level crossings, fences, drains and other works constructed and maintained for the use, accommodation or protection of the public generally or of any members of the public or of the owners or occupiers of particular lands,

(b) so much of section 47 of the Railways' Clauses Consolidation Act, 1845, as makes it obligatory to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on the railway line concerned over which the Board is not for the time being obliged to provide any other service if and so long as all the gates on that level crossing are kept and secured in such position as to permit the free passage of road traffic across the line at that level crossing.

Power of Minister to undertake to bear loss on services outside the State.

25. —Where—

(a) the Board or the Minister of Commerce proposes to terminate any transport services provided by the Board outside the State, and

(b) the Minister is satisfied that the continued operation of those services is necessary or desirable in connection with the provision of transport facilities within the State, the Minister may undertake to be responsible for the amount of any loss sustained by the continuance of the service.

Abandonment of railway lines.

26. —(1) Where the Board becomes entitled under this Part to terminate wholly the services provided on any railway line, the Minister, on the application of the Board, may by order (in this Act referred to as an abandonment order) authorise the Board to abandon the line.

(2) Subsections (3), (4), (5), (6) and (8) of section 21 of the Transport Act, 1950 (No. 12 of 1950), shall apply to an abandonment order, references to “the Board” being construed as references to the Board established by this Act.

Sale of land of abandoned railway line.

27. —(1) Where an abandonment order has been made in respect of a railway line, the Minister, or the Board acting with the consent and on behalf of the Minister, may sell the land under and adjoining the line either by private treaty to the owner of the land on both sides of the line or by public auction to any person, including such owner.

(2) The proceeds of sale 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.