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20 1958

GREAT NORTHERN RAILWAY ACT, 1958

PART II.

Transfer of Assets and Liabilities of Great Northern Railway Board.

Transfer of undertaking.

7. —(1) The part of the undertaking of the Great Northern Railway Board within the State shall vest in Córas Iompair Éireann (in this Act called “the Board”) on the 1st day of October, 1958 (in this Act called “the transfer date”).

(2) The transfer effected by this section shall extend to all land vested in the Minister or the outgoing Board under the Act of 1953 together with all assets to which the Minister is entitled under the scheduled agreement and all powers, rights, licences and privileges held or enjoyed in connection with or appertaining to the said land and assets but does not include land and assets dealt with under subsection (4) or under section 8.

(3) The outgoing Board 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 assets vested in the Board by this section.

(4) The assets of the outgoing Board in respect of the County Donegal Railways Joint Committee and the Strabane and Letterkenny Railway Company and all powers, rights, licences and privileges held or enjoyed in connection with or appertaining to the said bodies shall, to such extent as the Minister may agree pursuant to paragraph 5 of the scheduled agreement, vest in the Board as from such date as may be so agreed.

Vesting of Dundalk Works.

8. —(1) The Minister may by order vest in the Company such land (being land vested in the outgoing Board or vested in the Minister and used or occupied by the outgoing Board for the purposes of the Dundalk Works or parts of any such land) and such chattels used or acquired in or in connection with the Dundalk Works as may be agreed between the outgoing Board and the Company or, failing agreement, be determined by the Minister and, in either case, indicated in the order.

(2) The order shall operate to vest (on payment by the Company of such consideration, if any, as may be specified in the order) such lands and chattels in the Company on such day as may be provided for by the order for all the estate, right, title and interest of the outgoing Board or the Minister, as the case may be.

Liabilities and contracts.

9. —(1) The Board shall, to the exclusion of the outgoing Board, be subject to all liabilities (other than liabilities in relation to land not vested in the Board) to which the outgoing Board was subject immediately before the transfer date.

(2) Subsection (1) shall not apply to any statutory obligation of the outgoing Board to repay any moneys advanced in respect of anticipated losses.

(3) All contracts, deeds, bonds, agreements and other instruments and all working arrangements subsisting immediately before the transfer date and affecting the outgoing Board (otherwise than in relation to land not vested in the Board) 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 outgoing Board, the Board had been a party thereto.

(4) The ultimate liability of the Board for the liabilities and obligations of the outgoing Board shall be determined in accordance with the scheduled agreement.

(5) The Board shall stand in the place of the Minister under paragraphs 1 to 6 and subparagraphs (b) and (c) of paragraph 7 of the scheduled agreement and shall be responsible, to the exclusion of the Minister, for the discharge of the liabilities assumed by the Minister under those provisions.

(6) The Company shall stand in the place of the Minister under subparagraph (d) of paragraph 7 of the scheduled agreement and shall be responsible, to the exclusion of the Minister, for the discharge of the liabilities assumed by the Minister under that subparagraph.

(7) Subject to subsections (1) and (2), a proceeding (including an arbitration) or cause of action pending or existing immediately before the transfer date by or against the outgoing Board shall not 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 outgoing Board if this Act had not been passed, but not further or otherwise.

Discharge of certain liabilities of Board.

10. —(1) The capital liability of the outgoing Board to the Minister and to the Minister of Commerce, directed by subsection (2) of section 35 of the Act of 1953 to be shown in the accounts of the outgoing Board, is hereby discharged with effect as from immediately before the transfer date.

(2) The liabilities of the outgoing Board to the Minister in respect of payments made under subsection (3) of section 30 of the Act of 1953, or under subsection (3) of section 33 of that Act, are hereby discharged with effect as from immediately before the transfer date.

Transfer of public service vehicle licences.

11. —On and after the transfer date any public service vehicle licence under the Road Traffic Act, 1933 , held immediately before that date by the outgoing Board shall stand transferred to the Board and shall have effect as if the Board were named therein as the holder.

Existing bye-laws.

12. —All bye-laws made or deemed to have been made by the outgoing Board and in force immediately before the transfer date shall, on and after that date, continue in force in relation to the undertaking vested in the Board by this Act and be deemed to have been made under section 22 of the Act of 1950 and shall be capable of being amended or revoked by bye-laws under that section.

Existing rules and regulations.

13. —All rules and regulations made by the outgoing Board or by the former Great Northern Railway Company (Ireland) and in force immediately before the transfer date shall, on and after that date, continue in force until revoked, altered or superseded.