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29 1924




Provision for applications by public authorities in certain cases.

65. —(1) Where under this Act an application to the railway tribunal may be made by a representative body of traders or by a body of persons representative of trade or a locality, the application may be made by any of the following authorities or bodies:—

(a) any harbour board, or the council of any county or borough or district; or

(b) any chamber of commerce or association representative of shipping, agriculture, traders, freighters or passengers which may obtain a certificate from the Minister that it is a proper body to make such an application.

(2) Subject as in this section provided, no company, body, or person not directly interested in the subject-matter of any application shall be entitled to make such application.

(3) Any authority or body as aforesaid may appear in opposition to any application, representation, or submission in any case where such authority, or the persons represented by them, appear to the Minister to be likely to be affected by the decision on any such application, representation, or submission.

(4) The Minister may, if he thinks fit, require as a condition of giving a certificate under this section, that security be given in such manner and to such amount as he thinks necessary, for costs which may be incurred.

(5) Any certificate granted under this section shall, unless withdrawn, be in force for twelve months from the date on which it was given.

(6) Any expenses incurred by any such authority in or incidental to any such application or opposition shall be defrayed out of the rate or fund out of which the expenses of the authority in the execution of their ordinary duties are defrayed.

Notices, etc.

66. —Any notice, application, request, or other document authorised or required by this Act to be sent to a railway company may, unless some other manner is prescribed by the railway tribunal, be sent by post in a prepaid registered letter addressed to the secretary of the company at the principal office of the company.

Service of documents on amalgamated company.

67. —Any document required by or authorised by law other than this Act to be served on the amalgamated company may be so served by—

(a) handing it to the secretary of the amalgamated company at the principal office in Saorstát Eireann of the amalgamated company, or

(b) leaving it at the principal office aforesaid in an envelope addressed to the secretary of the amalgamated company, or

(c) sending it by post in a prepaid registered letter addressed to the secretary of the amalgamated company at the principal office aforesaid.

Language of public notices and tickets.

68. —The amalgamated company shall, as soon as may be practicable, replace all public notices and signs (including names of stations) which are now in the English Language only by notices and signs in both Irish and English, and shall within one year from the 1st January, 1925, submit to the Minister a scheme for the printing of their passenger card tickets for journeys within the Saorstát in both the Irish and English languages and the Minister shall, unless he is of opinion that the adoption of the scheme would jeopardise the standard revenue and result in increased rates and fares, order the amalgamated company to put such scheme into operation: Provided that existing stocks of tickets may be used until exhausted.

Accounts, returns and statistics.

69. —(1) The accounts to be rendered by the amalgamated company under the Railway Companies (Accounts and Returns) Act, 1911, shall be compiled in such manner as may be prescribed by the Minister after consultation with the amalgamated company.

(2) It shall be the duty of the amalgamated company to compile and render to the Minister in such manner and form as he may direct such statistics and returns as he may require.

(3) For the purpose of this Act the Minister or any officer duly authorised by him shall have power to make such investigations into the affairs of the amalgamated company as he may deem necessary, and shall have access to the books, accounts and returns of the amalgamated company, and the officers and servants of the company shall afford to the Minister or any such duly authorised officer such facilities as he may require.

(4) The powers of the Minister under this section shall be in addition to and not in derogation of any powers of holding enquiries conferred on him under this or any other Act.

(5) In the event of non-compliance on the part of the amalgamated company with any requirements of this section, the requirement shall be enforceable by order of the railway tribunal on the application of the Minister.

(6) Nothing in this section shall be interpreted to authorise any limitation of or interference with the control of the proprietors of any undertaking over the purposes to which its expenditure is to be applied.

Names and addresses of shareholders.

70. —(1) Notwithstanding anything contained in section 10 of the Companies Clauses Consolidation Act, 1845, it shall be lawful for the amalgamated company to substitute for the Shareholders' Address Book provided for under that section a card or other index (of a type to be approved by the auditors of the amalgamated company) containing the names and addresses of the several shareholders of the amalgamated company and that section in its application to the amalgamated company shall be read and have effect accordingly, and when such card or other index has been so substituted section 34 of the Regulation of Railways Act, 1868, shall cease to apply to the amalgamated company: Provided that the charge made for a copy of such card or other index shall not exceed the sum of £2 10s. 0d.

(2) If the amalgamated company act in contravention of section 10 of the Companies Clauses Consolidation Act, 1845, as varied by this section, they shall be liable for each offence to a penalty not exceeding twenty pounds, which shall be recoverable and applied in the same manner as penalties imposed by the Railway Clauses Consolidation Act, 1845, are for the time being recoverable and applicable.

Enactments which are not to apply to amalgamated company.

71. —As from the appointed day the enactments specified in the Tenth Schedule to this Act to the extent mentioned in the third column of that Schedule shall not apply to the amalgamated company.

Short title.

72. —This Act may be cited as the Railways Act, 1924.