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12 1950

TRANSPORT ACT, 1950

Chapter II.

Provisions Enabling Certain Other Transport Undertakings to be Transferred to the Board.

Arrangements for voluntary acquisition and operation of transport undertakings.

26. —(1) Subject to the provisions of this section, the Board and any person (in this section referred to as the transferor) carrying on any transport undertaking wholly or partly within the State or providing transport facilities outside the State in connection with transport facilities within the State may, with the approval of the Minister and notwithstanding anything to the contrary contained in any enactment, deed or instrument, enter into an arrangement providing for the acquisition or operation or the acquisition and operation by the Board on such terms as may be agreed upon of the whole of the undertaking of the transferor or such part of that undertaking as may be specified in the arrangement.

(2) An arrangement under subsection (1) of this section shall not come into operation unless and until it has been confirmed by resolution of each House of the Oireachtas, but shall as from the date of the passing of the later of such resolutions have statutory effect, and as from that date the Board and the transferor shall have all such powers as may be necessary for carrying the arrangement into effect.

(3) An arrangement under subsection (1) of this section may, without prejudice to anything contained in subsection (1) or (2) of this section—

(a) provide for the payment by the Board of such consideration (whether in cash or otherwise) in respect of the vesting in the Board of the whole or such part of the undertaking as may be specified in the arrangement and may for the purposes of such vesting or of the payment or distribution of such consideration or otherwise for the purposes of giving effect to the arrangement, apply to the transferor and to the undertaking of the transferor with such modifications and exceptions as may be specified in the arrangement, any of the provisions of this Act relating to or affecting either dissolved undertaker or the Board or the undertaking of that dissolved undertaker or of the Board,

(b) include provisions transferring and, where part only of an undertaking is to be acquired or operated by the Board, apportioning or severing rights, powers, liabilities, obligations and duties,

(c) adapt, modify or repeal any statutory provision, contract, deed or other instrument whatsoever relating to any relevant part of the undertaking of the transferor,

(d) make any incidental, supplemental or transitional provision in connection with the arrangement.

(4) An arrangement under subsection (1) of this section, if and in so far as it affects any rights of the Minister for Posts and Telegraphs, shall be made with the consent of that Minister.

(5) An arrangement under subsection (1) of this section may be supplemented or modified by a supplemental arrangement made and confirmed in like manner as the original arrangement.

Transfer to the Board of certain functions of the Minister and the Commissioners of Public Works in Ireland under the Shannon Acts, 1839 to 1885.

27. —(1) In this section—

the expression “the Acts” means the Shannon Acts, 1839 to 1885, as amended or adapted by or under subsequent enactments;

the expression “the Commissioners” means the Commissioners of Public Works in Ireland;

the word “functions” includes powers and duties;

the word “property” means lands, tenements, hereditaments, works and all other property (including securities and choses in action) of every kind whatsoever.

(2) The Government may by order transfer to the Board all or any of the functions conferred or imposed by the Acts or otherwise on the Minister or the Commissioners in relation to the care and conservancy of the navigation or drainage of the River Shannon or any tributary thereof or of works constructed for the improvement of such navigation or drainage and any such order may transfer all or any of such functions in relation either to the whole or any particular parts of the said river or any tributary thereof.

(3) (a) Where any functions are transferred to the Board by an order under this section, the Government may by the same or any subsequent order transfer to and vest in the Board all or any part of the property which immediately before the making of the order was vested in or held by the Commissioners under the Acts or otherwise and used by them for the purpose or in connection with the exercise or performance of the functions so transferred or for the purpose of providing revenue for the exercise or performance of the functions so transferred.

(b) A transfer of property made by virtue of this subsection shall not extend to—

(i) the several eel weir fisheries in the River Shannon comprising one weir at Athlone and two weirs at Castleconnel, as shown in the rental property book in the Shannon Navigation Office, and all weirs and works connected with same and the right of fishing therein, or

(ii) the several eel weir fishery in the River Shannon at Killaloe, as shown in the said rental property book, and the weir and works connected with the said fishery.

(c) Where any property is transferred to the Board under this subsection that property shall vest in the Board for all the estate or interest therein which immediately before the transfer was vested in the Commissioners or belonged to the State.

(4) (a) Whenever any functions are transferred to the Board by an order under this section the Government may by the same or any subsequent order transfer from the service of the Commissioners to that of the Board any person employed by the Commissioners in relation to or for the purpose of the exercise and performance of those functions.

(b) Every person transferred to the service of the Board under this subsection shall thereupon become and be an officer or servant of the Board upon the same terms as to remuneration and superannuation, pension or gratuity (if any) as those on which he was employed by the Commissioners immediately before the transfer and shall for the purposes of such superannuation, pension or gratuity (if any) be entitled to reckon his period of service with the Commissioners as service with the Board.

(c) An order under this section may apply, in relation to any person transferred under this subsection to the service of the Board, the provisions of section 38 with such modifications as may be specified in the order.

(5) Whenever any functions are transferred to the Board by an order under this section, the Government may by the same or any subsequent order impose on the Board the obligation to pay as from the date of the order any pension which at that date is payable by the Commissioners to a person formerly employed by the Commissioners in relation to or for the purposes of those functions and thereupon the Board shall become and be liable to indemnify the Commissioners against any liability in respect of the pension as from the date of the order.

(6) Whenever any functions are transferred to the Board by an order under this section, the Government may by the same or any subsequent order, do all or any of the following things:—

(a) make such adaptations of and modifications in the provisions of the Acts in their application to the Board as the Government think proper,

(b) if the functions transferred by the order include the making of any instruments (being rules, orders, regulations and bye-laws) under section 56 of the Shannon Act of 1839—

(i) provide that so much of the said section 56 as relates to the confirmation of those instruments shall not apply to any of those instruments made by the Board under the said section 56;

(ii) apply to any of those instruments made by the Board under the said section 56 any of the provisions of section 22.

(7) An order under this section may contain such ancillary and supplemental provisions as the Government think necessary for giving full effect to the order.