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20 1958

GREAT NORTHERN RAILWAY ACT, 1958

PART IV.

Winding-up of Great Northern Railway Board.

Winding-up of Great Northern Railway Board.

20. —(1) When the outgoing Board has complied with any request made to it by the Board for the purpose of securing that the ownership of any property or assets or any right is effectively transferred to the Board and ascertained that the Board does not desire to make any further request, the outgoing Board shall notify the Minister.

(2) If the Minister, after consultation with the Minister of Commerce, is satisfied (whether any such notice has been given to him or not) that any request so made has been complied with and that there are no further requirements to be complied with, the Minister shall make an order that there is no reason for the continued existence of the outgoing Board and shall cause the order to be published in Iris Oifigiúil, and upon the publication thereof the outgoing Board shall be dissolved and section 6 of the Act of 1953, by which it was incorporated, shall cease to have effect.

(3) During the period beginning on the transfer date and ending on the dissolution of the outgoing Board, the statutory provisions and other instruments relating to it shall remain in force in relation thereto as if this Act had not passed, so far as the powers conferred thereby are required for the remaining purposes of the outgoing Board.

(4) One half of all expenses reasonably and properly incurred by the outgoing Board (including remuneration of its members and of the actuary appointed for the purpose of subparagraph (e) of paragraph 7 of the scheduled agreement) after the transfer date for the purpose of winding up its affairs shall be defrayed by the Board, and the Board shall make available to the outgoing Board such facilities for the examination of and the making of extracts from or copies of books, accounts and documents surrendered to the Board as the outgoing Board may reasonably require, and the Board shall make available to the outgoing Board the services of such officers and servants, on such terms and conditions, and for such period, as may be agreed between the Board and the outgoing Board or, failing agreement, as may be determined by the Minister in agreement with the Ministry, and one half of the remuneration of those officers and servants shall be defrayed by the Board.

(5) All other expenses reasonably and properly incurred by the outgoing Board shall be defrayed by the Board.

Continuance of certain notices.

21. —Every notice served by or on the outgoing Board before the transfer date the effect or term of which has not ceased or expired before that date shall, so far as it is not inconsistent with this Act, continue in force and have effect thereafter as if it were a notice served by or on the Board on the date on which it was actually served and as if the functions or property to which the said notice relates had on the same date already vested in the Board.

Provisions in relation to income tax.

22. —(1) The outgoing Board shall, on and after the transfer date, continue to be liable under the Income Tax Acts to prepare and deliver any statement, return or particulars required for the purposes of those Acts for any year of assessment ending on or before the 5th day of April next following that date.

(2) Assessment to income tax for any year of assessment ending on or before the 5th day of April next following the transfer date may be made on the outgoing Board on or after that date, and income tax in respect of any such assessment so made, which shall have become final and conclusive, shall, when it becomes due and payable, be deemed to have become due and payable before that date.

(3) For the purposes of this section the secretary of the Board or other officer performing the duties of secretary of the Board shall be deemed to be secretary of the outgoing Board or other officer performing the duties of secretary.

(4) The Board shall be and is hereby empowered to deduct out of the emoluments of any person holding an office or employment of profit under the Board any income tax charged on the outgoing Board in respect of any office or employment of profit held by such person under the outgoing Board.

(5) For the purposes of this section but not further or otherwise the outgoing Board shall be deemed to continue in existence on and after the date of dissolution under section 20.