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14 1971

TRANSPORT (MISCELLANEOUS PROVISIONS) ACT, 1971

SECOND SCHEDULE

Agreement between British Railways Board and Córas Iompair Éireann

Section 7.

THIS AGREEMENT is made the thirty-first day of May One Thousand Nine Hundred and Sixty-seven BETWEEN the BRITISH RAILWAYS BOARD (hereinafter called “the Board”) of the one part and CÓRAS IOMPAIR ÉIREANN (hereinafter called “C.I.E”) of the other part

Definitions.

IN this Agreement the following expressions have the meanings hereby respectively assigned to them:—

the 1906 Act” means the Great Northern (Ireland) and Midland Railways Act 1906;

the Donegal Company” means the Donegal Railway Company;

the Donegal Section” has the same meaning as in S.3 of the 1906 Act;

the Joint Committee” means the County Donegal Railways Joint Committee;

the Northern Company” means the Great Northern Railway Company (Ireland);

the Midland Company” means the Midland Railway Company;

the Strabane Company” means the Strabane and Letterkenny Railway Company;

U.T.A.” means the Ulster Transport Authority;

the 1903 Act” means the Strabane Raphoe and Convoy Railway Act 1903;

the 1904 Act” means the Strabane Raphoe and Convoy Railway (Extension to Letterkenny) Act 1904.

Preamble.

(1) By S.4 of the 1906 Act the Donegal Section of the undertaking of the Donegal Company was transferred to and vested in the Joint Committee constituted by the 1906 Act

(2) S.28 of the 1906 Act provides that the Northern Company and the Midland Company should each appoint three persons to represent their respective Companies and the six persons so appointed should form the Joint Committee

(3) By an Agreement dated the Fifth day of April One thousand nine hundred and four between the Northern Company and the Strabane Company (then known as the Strabane Raphoe and Convoy Railway Company) provision was made for the working by the Northern Company of the undertaking of the Strabane Company and by and subject to S.23 of the 1906 Act all the interest of the Northern Company under such agreement was transferred to and vested in the Joint Committee

(4) S.33 of the 1906 Act provides that the Northern Company and the Midland Company are each bound to provide half the funds required for the purposes of the Joint Committee

(5) S.35 of the 1906 Act provides that if there is in any half year a deficit or surplus in the revenue account of the Joint Committee theNorthern Company and the Midland Company shall each be responsible for half of such deficit or (as the case may be) entitled to half of such surplus

(6) S.36 of the 1906 Act provides that any moneys arising from the sale of any lands by the Joint Committee and any other moneys in the nature of capital for the time being in their hands and not required for the purposes of the Joint Committee should be divided between and paid to the Northern Company and the Midland Company in equal shares

(7) By the successive effect of the Railways Act 1921 and of a Scheme made thereunder and of the Transport Acts 1947 and 1962 of the Parliament of Westminster the Board have succeeded to all the property rights powers and obligations of the Midland Company

(8) In One thousand nine hundred and fifty-three the undertaking of the Northern Company became vested in the Great Northern Railway Board and on the First day of October One thousand nine hundred and fifty-eight by Acts of the Oireachtas and of the Parliament of Northern Ireland respectively that part of the Great Northern Railway Board's undertaking within the Republic of Ireland other than their assets in respect of the Joint Committee and the Strabane Company was transferred to and vested in C.I.E. and with the like exception that part of the said undertaking within Northern Ireland was transferred to and vested in U.T.A.

(9) The railway system operated by the Joint Committee was situated mainly in the Republic of Ireland and it was provided by an agreement scheduled to the before mentioned Acts of the Oireachtas and of the Parliament of Northern Ireland that the assets and liabilities of the Great Northern Railway Board in respect of the Joint Committee and the Strabane Company be transferred to and disposed of by the Minister of Industry and Commerce for the Republic of Ireland and the Ministry of Commerce for Northern Ireland in such a manner as they might agree and that the rights and obligations of the said Minister and of the said Ministry might be exercised and performed by C.I.E. and U.T.A. respectively but no agreement for the transfer and disposal of such assets and liabilities has been made and the Great Northern Railway Board has not been dissolved

(10) The Joint Committee now consists of three members appointed by the Board and three members appointed by the Great Northern Railway Board

(11) In One thousand nine hundred and sixty the Joint Committee under the provisions of the Railways Act 1933 and the Transport Act 1944 of the Oireachtas and of the Transport Act 1948 of the Parliament of Northern Ireland discontinued railway services on their railway and that of the Strabane Company and abandoned their railway undertakings and now operate road transport services in substitution therefor

(12) The Board desire to withdraw from and sever all connection with the Joint Committee and the Strabane Company and to terminate all statutory obligations of the Board with respect to each of the said bodies

(13) It is proposed to transfer to and vest in C.I.E. the right title and interest of the Board to and in their share of the assets of the Joint Committee and the Strabane Company as hereinafter provided

(14) Legislation will be necessary to give effect to the said transfer and the termination of the Board's obligations

IT IS HEREBY AGREED:—

1. SUBJECT to the enactment of the necessary legislation to give effect to this Agreement

(a) the Board's rights and obligations whether statutory or otherwise with respect to the Joint Committee and the Strabane Company (including all powers rights licences or privileges held or enjoyed in connection with or appertaining to the said bodies) shall be transferred to and vested in C.I.E.

(b) C.I.E. will pay the Board for the right title and interest of the Board both present and future and whether subsisting or contingent to and in their share of the assets of the said bodies and their respective undertakings the sum of Fifty-seven Thousand Seven Hundred and Forty-two Pounds (being an agreed proportion of the realisable value of the said assets less amounts representing existing and continuing liabilities and compensation for expected future losses all as estimated at the First day of January One thousand nine hundred and sixty-six hereinafter referred to as “the net value of the Board's assets”)

2. C.I.E. will request the Minister for Transport and Power to introduce the necessary legislation to give effect to the proposed transfer and vesting and to secure the repeal of the provisions of the 1906 Act and all other statutory enactments in so far as they confer any interest or impose any obligation or liability on the Board with respect to the Joint Committee or the Strabane Company

3. THE Board shall not be entitled to any refund of capital or funds provided by the Board or their predecessors for the purposes of the Joint Committee or the Strabane Company or their predecessors and the net value of the Board's assets shall be deemed to include all right to share in surplus revenue or capital

4. AS and from the First day of January One thousand nine hundred and sixty-six and pending enactment of the said legislation

(1) The Board shall not be entitled to claim any payment under sections 35 or 36 of the 1906 Act or otherwise in respect of any surplus revenue or capital of the Joint Committee

(2) C.I.E. will indemnify the Board against any demand for payment under sections 33 or 35 of the 1906 Act provided however that this indemnity shall not extend to the sum of Forty Thousand Six Hundred and Twenty-five Pounds which the Board owe to the Joint Committee for capital expenditure under section 33 of the said Act

(3) The Board will appoint as their representatives on the Joint Committee and the Strabane Company persons nominated to them by C.I.E.

5. THE Board shall indemnify C.I.E. from and against half the amount of any sum for damages or costs paid by C.I.E. or which C.I.E. may be called upon to make, to or on behalf of the Joint Committee or the Strabane Company in consequence of any claim or proceedings made or instituted

(a) by any baronially guaranteed shareholder of the Strabane Company against the Strabane Company or the directors of the Strabane Company or

(b) by the Strabane Company against the County Council of the County of Donegal and the Council of the Urban District of Letterkenny or either of them

in respect of—

(i) the non-recovery by the Strabane Company from the said local authorities or either of them or

(ii) the non-payment to the Company by the said local authorities or either of them

of any payment (whether past present or future) to which the guarantees given by the said local authorities under or by virtue of the provisions of S. 41 of the 1903 Act and S. 38 of the 1904 Act respectively relate

PROVIDED THAT in the event of any such claim or proceedings being made or instituted as aforesaid C.I.E. shall immediately notify the Board and consult with the Board before any expense or costs are incurred by or at the request of or with the agreement of C.I.E. to compromise or to defend or otherwise in relation to any such claim or proceedings

IN WITNESS whereof the Common Seal of the British Railways Board and the Official Seal of Córas Iompair Éireann were hereunto affixed the day and year first before written

THE COMMON SEAL of BRITISH RAILWAYS BOARD was hereunto affixed in the presence of:—

J. RATTER

A Member

R. H. LASCELLES

A person authorised by the Board to act instead of the Secretary.

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THE OFFICIAL SEAL of CÓRAS IOMPAIR ÉIREANN was hereunto affixed in the presence of:—

E. CASSIDY

Member of Board

M. J. HAYES

Secretary

Authorised Officer.

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