First Previous (PART IV. Wages and Conditions of Service.) Next (PART VI. Baronially Guaranteed Railways.)

29 1924

RAILWAYS ACT, 1924

PART V.

Regulation of Railways.

Power to make orders as to working.

58. —(1) With a view to securing and promoting the public safety, or the interests of the public, or of trade, or of any particular locality, the railway tribunal may, on the application of any body of persons representing any such interests, by order require the amalgamated company or any other railway company in respect to that portion of its undertaking situate in Saorstát Eireann to afford such reasonable railway services, facilities, and conveniences upon and in connection with its undertaking (including the provision of such minor alterations and extensions and improvements of existing works as will not involve in any one case an expenditure exceeding ten thousand pounds) as may be specified in the order:

Provided that, if on any such application a company satisfies the railway tribunal that under all the circumstances the capital required for the purpose cannot be provided or expended as proposed without prejudicially affecting the interests of the then existing stockholders, the order shall not be made:

Provided further that the powers under this sub-section shall be in addition to and not in derogation of any other existing powers of requiring measures for securing the safety of the public or the provision of reasonable facilities.

(2) The Minister may by order require the amalgamated company or any other railway company in respect to that portion of its undertaking situate in Saorstát Eireann to comply with any recommendation of an inspector duly appointed under the Regulation of Railways Act, 1871.

(3) Where any coroner holds, or is about to hold, an inquest on the death of any person occasioned by an accident, of which notice for the time being is required by or in pursuance of the Regulation of Railways Acts, 1840 to 1889, to be sent to the Minister, and makes a written request to the Minister in this behalf, the Minister may appoint an inspector or some person possessing legal or special knowledge to assist in holding such inquest, and the person so appointed shall act as the assessor of the coroner, and the return to be made by the coroner to the Minister under the Acts aforesaid shall be made by such person in lieu of by the coroner, and the return shall be made public in like manner as in the case of a formal investigation of an accident under the Regulation of Railways Act, 1871.

(4) The provisions of the Regulation of Railways Acts, 1840 to 1889, with respect to the opening of any railway, shall be extended to apply to the inspection of all new or reconstructed works, including bridges and viaducts.

(5) Any order of the Minister under this section shall be complied with by any railway company to which the order relates, and in the event of non-compliance shall (subject as hereinbefore provided) be enforceable by order of the railway tribunal on the application of the Minister.

Power to make orders as to acquisition of land, etc.

59. —(1) For enabling a railway company to effect alterations, extensions, and improvements of existing works in pursuance of an order of the railway tribunal or of the Minister or, on the application of a railway company, for enabling such company to make and provide any alteration, extension or improvement mentioned in section 45 of the Railway Clauses Act, 1845, the Minister may, after compliance with the provisions of this section, authorise the railway company to acquire the land and easements and to construct the works necessary to effect the alterations, extensions, and improvements aforesaid.

(2) Before an order is made under this section the railway company shall deposit with the Minister such plans, specifications, and other documents as shall be required by the Minister, and after the deposit of such documents the Minister shall give public notice, to be published once in the Iris Odfigiúil and once in each of three successive weeks in some one and the same newspaper circulating in the county or counties in which the land is situate, of his intention to consider the making thereof and of the manner in which and the time within which representations and objections in respect of the order may be made, and shall, if he shall consider it expedient so to do, cause a public inquiry to be held in regard to any matter relating to the making of such order.

(3) An order made under this section may incorporate—

(a) the Acquisition of Land (Assessment of Compensation) Act, 1919, with the modification that the expression “public authority” shall include the said railway company, and

(b) the Lands Clauses Acts, so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919.

(4) No order shall be made under this section in respect of any matter which the Minister is of opinion, as a result of representations made to him or the report of the person holding a public inquiry, or otherwise, is of such a character or magnitude that it ought not to be proceeded with without the authority of the Oireachtas obtained by way of Private Bill.

Power to confirm agreements for the purchase, lease or working of railways.

60. —(1) Any agreement which may hereafter be entered into for the purchase, lease, or working by the amalgamated company of any part of the system of another railway company may, subject to the provisions of this section and after such notices and inquiries as the Minister shall consider necessary or expedient, be confirmed by the Minister.

(2) No such agreement as aforesaid shall, without the authority of the Oireachtas, be valid or effectual unless and until it is confirmed by the Minister under this section, but if and when so confirmed shall be of full force and validity and may be carried into effect by the parties thereto without any further authorisation by the Oireachtas.

(3) No agreement shall be confirmed by the Minister under this section which, in his opinion, is of such a character or magnitude that it ought not to be proceeded with without the authority of the Oireachtas obtained by way of Private Bill.

Agreements.

61. —(1) From and after the passing of this Act it shall not be lawful for any amalgamating or absorbed company or the amalgamated company to vary or rescind any agreement or arrangement (not being an agreement or arrangement confirmed by or scheduled to a statutory enactment) with any railway company or other transport undertaking for the allocation or routing of traffic, or the pooling of receipts, or for differential rates on traffic passing by sea to or from Saorstát Eireann, or to enter into agreements for any of those purposes, except so far as authorised or required by an order made with due regard to the provisions of this Act by the railway tribunal.

(2) No such order as aforesaid shall be made by the railway tribunal save on the application—

(a) of any party to such agreement or arrangement; or

(b) of the amalgamated company; or

(c) of a representative body of traders; or

(d) of a body of persons representative of trade or a locality; or

(e) of a railway company or other transport undertaking affected by such agreement or arrangement.

(3) Subject to the foregoing provisions of this section, nothing in this Act shall prejudice or affect the rights or liabilities of any amalgamating or absorbed company under any agreement or arrangement (not being an agreement or arrangement confirmed by or scheduled to a statutory enactment) in existence at the passing of this Act except in so far as such rights or liabilities are inconsistent with the express provisions of this Act.

(4) Every amalgamating company and every absorbed company, and also every other railway company whose or any part of whose railway lies within Saorstát Eireann shall—

(a) within one month after being required in writing by the Minister so to do, or in the absence of such requisition not later than the 31st day of January, 1925, furnish to the Minister a schedule containing written particulars of all agreements and arrangements to which this sub-section applies in existence at the date of such requisition or in the absence thereof, on the 31st day of December, 1924, and to which such company is a party, and

(b) within one fortnight after the date of any agreement or arrangement to which this sub-section applies made after the date of the said requisition or the 31st day of December, 1924 (as the case may be), and to which such company is a party, furnish to the Minister written particulars of such agreement or arrangement, and

(c) within one week after being required in writing by the Minister so to do, furnish to the Minister such further particulars and information as the Minister shall so require in respect of the contents of any agreement or arrangement of which particulars shall have been previously furnished under either of the foregoing paragraphs.

If any company shall fail to furnish any particulars or information in accordance with this section or shall furnish under this section any false or misleading information, such company shall be liable to pay to the Minister for the use of the Exchequer such penalty not exceeding twenty-five pounds together with, in the case of a continuing offence, such further penalty not exceeding five pounds for every day during which the offence is continued, as the railway tribunal shall on the application of the Minister, impose.

This sub-section applies to all agreements and arrangements (whether made under statutory powers or otherwise) whereby provision is made for the allocation or routing of traffic by railway to or from any place in Saorstát Eireann or for the pooling of receipts from such traffic, or for differential rates on traffic passing by sea to or from Saorstát Eireann.

(5) After the passing of this Act it shall be lawful for the Postmaster-General or any of the amalgamating or absorbed companies or the amalgamated company to apply to the railway tribunal—

(a) for a revision of any agreement whether statutory or otherwise, which at the date of the passing of this Act is in existence between the Postmaster-General and any of the amalgamating or absorbed companies; or

(b) where no such agreement is so in existence, for the determination of any difference or dispute which may exist or arise between the Postmaster-General and any of the amalgamating or absorbed companies or the amalgamated company as regards the remuneration to be paid for services rendered by such company to the Postmaster-General, such services (notwithstanding any statutory or other provision to the contrary) to continue to be rendered by such company pending the decision of the railway tribunal.