No. 3/1932:

RAILWAYS (MISCELLANEOUS) ACT, 1932

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and citation.

2 Definitions.

3 Expenses.

PART II REDUCTION OR CESSER OF SERVICE ON CERTAIN RAILWAY LINES

4 Application of this Part of this Act.

5 Commencement of orders.

6 Obligation to run certain services of trains.

7 Modification of obligatory service of trains.

8 Cesser of running of certain services of trains.

9 Revocation of orders under this Part of this Act.

10 Public inquiries.

PART III DIRECTORATE OF THE GREAT SOUTHERN RAILWAYS COMPANY

11 Definitions in this Part of this Act.

12 Interpretation of the scheme and the Principal Act.

13 Reduction of number of directors of the Company.

14 Validation of certain acts of the directors of the company.

PART IV MISCELLANEOUS

15 Suspension of panels for the Railway Tribunal.

16 Sale and lease of superfluous land.

17 Purchase by a railway company of its own debenture stock.

18 Road transport business of a railway company.

19 Amendment of the Railway Companies (Accounts and Returns) Act, 1911.

AN ACT TO AMEND IN DIVERS RESPECTS THE LAW RELATING TO RAILWAYS.

[28th January, 1932.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOW:—

PART I PRELIMINARY AND GENERAL

1.—(1)This Act may be cited as the Railways (Miscellaneous) Act, 1932 .

(2) The Railways Acts, 1924 to 1929, and this Act may be cited together as the Railways Acts, 1924 to 1932.

2.—In this Act—

the expression "the Minister" means the Minister for Industry and Commerce;

the expression "the Principal Act" means the Railways Act, 1924 (No. 29 of 1924);

the expression "road transport" means the carriage of passengers, passengers' luggage, merchandise and mails, or any of them, for reward by road in mechanically propelled vehicles not running on permanent rails;

the expression "mechanically propelled vehicle" includes a vehicle drawn by a mechanically propelled vehicle; the expression "statutory order" means an order made under the authority of a statute, whether such order was or was not confirmed by statute;

the expression "statutory agreement" means an agreement recognised, approved of, or confirmed by statute or by statutory order;

the word "merchandise" includes goods, wares, minerals, and animals but does not include passengers' luggage or mails.

3.—All expenses incurred by the Minister in the execution of this Act and not otherwise provided for by this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II REDUCTION OR CESSER OF SERVICE ON CERTAIN RAILWAY LINES

4.—This Part of this Act applies to every railway line (whether forming or not forming part of a larger railway line or of a system of railway lines) for or towards the construction of which a free grant was made out of public moneys or which was constructed under a statutory order whereby a presentment by a grand jury guaranteeing payment of dividends by the company constructing such line was confirmed.

5.—Every order made by the Minister under this Part of this Act shall state the day (not being prior to the day on which such order is made) on which such order is to come into operation and every such order shall come into operation on the day so stated therein.

6.—(1) In the case of any railway line to which this Part of this Act applies and over which a specified service of trains was, immediately before the passing of The Principal Act, required by statute, statutory order, or statutory agreement to be run as a minimum service or otherwise, it shall, from and after the passing of this Act until otherwise provided by an order under this Part of this Act, be obligatory for the company owning such line to run over such line in accordance with the said statute, statutory order, or statutory agreement (as the case may be) the said specified service of trains required by the said statute, order, or agreement, whether such statute, order, or agreement is or is not in force at the passing of this Act or at any time thereafter.

(2) In the case of every railway line to which this Part of this Act applies and over which no specified service of trains is required by the preceding sub-section of this section to be run, it shall, from and after the passing of this Act until otherwise provided by an order under this Part of this Act, be obligatory for the company owning such line to run over such line a service of trains giving facilities for transport of passengers, merchandise and mails not less in quantity or convenience than the facilities for such transport given by the service of trains run over the said line during the last seven days of the month of November, 1931.

7.—(1) The Minister may, by order made on the application of a company owning a railway line to which this Part of this Act applies, relieve such company from any obligation imposed on such company by or under this Act of running a particular service of trains over such railway line and, in lieu thereof, shall by such order impose on such company the obligation of running over such railway line the modified service of trains specified in such order.

(2) The Minister shall not make an order under this section unless he is satisfied that, having regard to the alternative transport facilities which are or will be available in the district served by the railway line to which such order relates, no undue inconvenience will be occasioned by such order to the public in such district.

(3) Whenever the Minister makes an order under this section imposing on a company the obligation of running over a railway line owned by such company a modified service of trains, it shall, from and after the coming into operation of such order until otherwise provided by a subsequent order under this Part of this Act, be obligatory for such company to run over such railway line the modified service specified in such order.

8.—(1) The Minister may, by order made on the application of a company owning a railway line to which this Part of this Act applies, authorise such company to cease, as from the coming into operation of such order until otherwise provided by a subsequent order under this Part of this Act, to run any trains over such railway line.

(2) The following provisions shall have effect in relation to an order made under this section, that is to say:—

( a ) the Minister shall not make such order unless he is satisfied that, having regard to the alternative transport facilities which are or will be available in the district served by the railway line to which such order relates, adequate transport facilities will be available to the public in such district notwithstanding the cesser of the running of trains over such railway line;

( b ) from and after the coming into operation of such order and unless or until such order is revoked by a subsequent order under this Part of this Act, it shall not be obligatory under this Act or otherwise for the company owning the railway line to which such order relates to run any trains on such railway line;

( c ) such order shall not relieve from or affect any liability of the company owning the railway line to which such order relates to maintain all bridges, level crossings, fences, drains, and other works constructed and maintained for the accommodation, or protection of the public generally or of any section of the public or of the owners or the occupiers of particular lands;

( d ) from and after the coming into operation of such order and unless or until such order is revoked by a subsequent order under this Part of this Act, so much of section 47 of the Railway Clauses Consolidation Act, 1845, as makes it obligatory on a railway company to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on the railway line to which such order relates if and so long as all the gates of such level crossing are kept and secured in such position as to permit the free passage of road traffic across such line at such crossing.

9.—(1) Subject to the provisions of this section, the Minister may by order (in this section referred to as a revocation order) revoke, whenever he thinks proper, any order (in this section referred to as an original order) previously made by him under any other section of this Part of this Act.

(2) The following provisions shall have effect in relation to the making of revocation orders under this section, that is to say:—

( a ) the Minister shall not make a revocation order without giving notice of his intention to make such order to the company affected by the original order intended to be thereby revoked and affording such company an opportunity of making representations to him in regard to such intended revocation order;

( b ) the Minister shall not make a revocation order unless he is satisfied that, by reason of transport facilities alternative to the railway line affected by the original order not being or having ceased to be available, adequate transport facilities are not available to the public in the district served or formerly served (as the case may be) by such railway line;

( c ) a revocation order shall operate to revive and re-instate every obligation imposed by this Part of this Act or an order thereunder which was in operation immediately before the making of the original order and was expressly or impliedly relieved against or removed by such original order.

10.—(1) Whenever the Minister proposes to make an order under this Part of this Act or an application is made to the Minister for any such order, the Minister may, if he thinks proper so to do, cause a public inquiry in regard to the making of such order to be held under and in accordance with this section.

(2) Every public inquiry held under this section shall be held by such person and at such time and place as the Minister shall appoint, and the person holding such inquiry shall have power to take evidence on oath and for that purpose to administer oaths.

(3) All expenses incurred by the Minister in holding a public inquiry under this section shall, unless the Minister with the sanction of the Minister for Finance otherwise directs, be paid by the company owning the railway line in relation to which such inquiry is held, and the amount of such expenses shall be fixed by the Minister with the sanction of the Minister for Finance and when so fixed shall be recoverable by the Minister from such company.

(4) The person holding a public inquiry under this section may, if he thinks proper so to do, order the costs and expenses incurred by any person of appearing or being represented and adducing evidence at such inquiry to be paid by any other person who appeared or was represented at such inquiry.

(5) Whenever the person holding a public inquiry under this section orders the costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing-master of the High Court on the requisition of either the person to whom or the person by whom such costs and expenses were so ordered to be paid, and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any court of competent jurisdiction by the person to whom and from the person by whom such costs and expenses were so ordered to be paid.

PART III DIRECTORATE OF THE GREAT SOUTHERN RAILWAYS COMPANY

11.—In this Part of this Act—

the expression "the scheme" means the Great Southern Railways Amalgamation Scheme, 1925;

the expression "the company" means the Great Southern Railways Company;

the word "director" does not include a director nominated under the Railways (Directorate) Act, 1924 (No. 61 of 1924);

the expression "legal number of directors" means the number of directors for the time being required by law to constitute the board of directors of the Company.

12.—The scheme and The Principal Act shall be construed subject to the provisions of this Part of this Act and shall have effect accordingly.

13.—(1) If the number of directors of the company at the passing of this Act is more than eight, then, notwithstanding anything in the scheme or in Part II of the Second Schedule to The Principal Act, the following provisions shall have effect, that is to say:—

( a ) the legal number of directors shall be and, until reduced by the operation of the next following paragraph, continue to be a number equal to the number of directors of the company at the passing of this Act and no greater number; and

( b ) until the legal number of directors is by the operation of this paragraph reduced to eight, the legal number of directors shall, whenever and so often as a casual vacancy occurs amongst the directors, be reduced by one and accordingly such casual vacancy shall not be filled;

( c ) as on and from the date on which the legal number of directors, is, by the operation of the next foregoing paragraph of this sub-section, reduced to eight, the legal number of directors shall be eight and no greater number.

(2) If the number of directors of the company at the passing of this Act is not more than eight, then, notwithstanding anything in the scheme or in Part II of the Second Schedule to The Principal Act, the legal number of directors shall be eight and no greater number.

(3) Paragraph (5) of section 34 of the scheme shall cease to have effect.

14.—Every act done or purported to be done before the passing of this Act by a body consisting of directors of the company (whether including or not including a director nominated under the Railways (Directorate) Act, 1924 (No. 61 of 1924), and purporting to be the board of directors of the company shall, notwithstanding that the number of directors of the company at the time such act was done or purported to be done was less than the legal number of directors, be and be deemed always to have been as valid and effectual as such act would have been if the number of directors of the company at such time was equal to the legal number of directors.

PART IV MISCELLANEOUS

15.—(1) Notwithstanding anything contained in section 17 of the Principal Act, the panels provided for by that section shall be constituted and maintained only when and so long as it appears to the Executive Council that the constitution or the maintenance (as the case may be) of such panels is expedient having regard to the number of occasions on which the circumstances in which additional members can be added to the Railway Tribunal under sub-section (4) of the said section 17 have occurred or are likely to occur.

(2) Whenever and so long as no panels are maintained under the said section 17 of the Principal Act, sub-sections (4) and (6) of that section shall not have effect and paragraph (b) of sub-section (3) of the said section shall have effect, subject to the modification that the Governor-General on the advice of the Executive Council may appoint under and for the purpose of that paragraph any suitable person.

16.—(1) Notwithstanding anything contained in sections 127 to 131 of the Lands Clauses Consolidation Act, 1845, a railway company may at any time sell or lease in such manner and on such terms as it thinks proper any land not required for the purposes of its railway.

(2) The said sections 127 to 131 of the Lands Clauses Consolidation Act, 1845, shall not apply to any sale or lease of land by a railway company under this section.

(3) Land forming part of or used for the purposes of a railway line on which the running of trains has ceased under an order made under Part II of this Act shall not, merely by reason of such cesser, be land not required for the purposes of a railway within the meaning of this Act.

17.—(1) A railway company may, notwithstanding anything contained in any Act or other instrument constituting or regulating such company, purchase in any stock exchange or by private treaty any quantity of the debenture stock or any of the debenture stocks of such company and may use for such purchase any moneys in its hands, other than moneys raised by the issue of stock or by borrowing or otherwise expressly for another purpose.

(2) A railway company purchasing debenture stock under this section may require the stock so purchased to be transferred by the seller thereof either to such company or to other persons nominated by such company.

(3) Whenever debenture stock purchased by a railway company under this section is transferred by the seller thereof to such company, such transfer shall operate to extinguish such stock.

(4) Whenever debenture stock purchased by a railway company under this section is transferred by the seller thereof to other persons nominated by such company, such persons shall hold such stock upon trust to sell the same or any part thereof when so directed by such company and to pay the proceeds of such sale to such company and until such sale to hold such stock in trust for such company.

18.—(1) No road transport business carried on by a railway company shall be deemed to be part of the business of such company for the purpose of any agreement between such company and the Minister for Posts and Telegraphs entitling such company to send telegrams free or at a reduced rate.

(2) All road transport business carried on, directly or indirectly, by the Great Southern Railways Company shall for the purposes of section 53 of the Principal Act be deemed to be business ancillary or subsidiary to the railway of that company, and accordingly charges made by that company for carriage by road transport shall not be subject to the jurisdiction of the Railway Tribunal.

19.—(1) Notwithstanding anything contained in section 3 of the Railway Companies (Accounts and Returns) Act, 1911, the Minister may, if and whenever he thinks proper, by order made on the application of a railway company or without any such application alter (by addition, omission, or variation) the First Schedule to that Act.

(2) Whenever the Minister makes an order under this section altering the first Schedule to the said Act, the said Act and the said Schedule thereto shall have effect, subject to and with the alteration made by such order.