No. 1/1941:

ELECTRICITY (SUPPLY) (AMENDMENT) ACT, 1941

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Advances under the Electricity (Supply) (Amendment) Act, 1931.

3 Electric generating stations using peat.

4 Investment of certain sums.

5 Amendment of Section 98 of the Principal Act.

6 Short title and collective citation.

AN ACT TO AMEND AND EXTEND THE ELECTRICITY (SUPPLY) ACTS, 1927 TO 1935.

[29th January, 1941.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Principal Act" means the Electricity (Supply) Act, 1927 (No. 27 of 1927);

the expression "the Board" means the Electricity Supply Board.

2.—(1) Sub-section (1) of section 5 of the Liffey Reservoir Act, 1936 (No. 54 of 1936), is hereby repealed and in lieu thereof it is hereby enacted that the total amount of the sums advanced to the Board under section 3 of the Electricity (Supply) (Amendment) Act, 1931 (No. 32 of 1931), shall not exceed the sum of ten million, two hundred and fifty nine thousand pounds.

(2) Sub-section (2) of section 5 of the Liffey Reservoir Act, 1936 (No. 54 of 1936), is hereby repealed and in lieu thereof it is hereby enacted that the reference in sub-section (2) of section 13 of the Shannon Fisheries Act, 1935 (No. 4 of 1935), to section 1 of the Electricity (Supply) (Amendment) Act, 1934 (No. 6 of 1934), shall be construed as a reference to the foregoing sub-section of this section, and the said sub-section (2) of the said section 13 shall have effect accordingly.

3.—(1) For the purpose of removing doubts it is hereby declared that the powers and functions given to the Board by sub-section (3) of section 20 of the Principal Act include the construction, maintenance, and operation of electric generating stations designed for using peat as fuel either alone or together with other kinds of fuel and every reference to the powers and functions of the Board contained in the Electricity (Supply) Acts, 1927 to 1935, shall be construed and have effect accordingly.

(2) The Board may, for the purposes of the operation of any generating station such as is mentioned in the immediately preceding sub-section of this section, take and use a supply of water from any river, but all water so taken and used, save so much thereof as may be consumed by evaporation or otherwise in the course of such taking and use, shall be returned by the Board to such river.

(3) The Board shall pay compensation to every person who suffers loss through the taking and use by the Board under this section of any supply of water and every application for such compensation shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), in like manner as an application for compensation in respect of the compulsory purchase of land.

(4) Sections 69 to 74 and 76 to 80 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Board under this section, and for the purposes of such application the Board shall be deemed to be the promoters of the undertaking.

(5) No action shall lie at law or in equity against the Board or any contractor, or any officer or servant of the Board or of any contractor, for or on account of any act, matter, or thing occasioning a loss in respect of which compensation is payable under this section.

4.—The Board may invest any sum set aside under sub-section (2) of section 21 of the Principal Act or accumulated by the Board as a reserve for any purpose in such securities authorised by law for the investment of trust funds as the Board, after consultation with the Minister for Finance, may think proper or in such other securities as may from time to time be approved in that behalf by the Minister for Finance.

5.—Sub-section (1) of section 98 of the Principal Act is hereby amended by the addition at the end of the said sub-section of the words "or with the erection or laying of any such electric wires or with the survey of the proposed routes of any transmission or distribution lines of the Board or of such authorised undertakers", and the said sub-section and sub-sections (2) and (3) of the said section 98 shall be construed and have effect accordingly.

6.—(1) This Act may be cited as the Electricity (Supply) (Amendment) Act, 1941 .

(2) The Electricity (Supply) Acts, 1927 to 1935, and this Act may be cited together as the Electricity (Supply) Acts, 1927 to 1941.