S.I. No. 80/1949:

WATERFORD GAS ORDER, 1949.

WATERFORD GAS ORDER, 1949.

ARRANGEMENT OF ARTICLES.

S.I. No. 80 of 1949.

CITY OF WATERFORD GAS COMPANY--STATUTORY POWERS (SPECIAL ORDER).

DATED 8th DAY OF APRIL, 1949, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE UNDER SECTION 10 OF THE GAS REGULATION ACT, 1920, ON THE APPLICATION OF THE CITY OF WATERFORD GAS COMPANY.

I, DANIEL MORRISEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 10 of the Gas Regulation Act, 1920, and of every and any other power me in this behalf enabling, hereby order as follows, that is to say :--

1. (1) This Order may be cited as the Waterford Gas Order, 1949, and shall come into operation on the 8th day of April, 1949.

(2) The City of Waterford Gas Act, 1858, the City of Waterford Gas Act, 1877, City of Waterford Gas Act, 1898, the Waterford Gas (Charges) Order, 1922 ( S. R. & O. No. 7 of 1922 ), and this Order may be cited together as the City of Waterford Gas Acts and Orders, 1858 to 1949.

2. (1) The following enactments so far as the same are applicable for the purposes of this Order, and are not inconsistent with the provisions of the Gas Regulation Act, 1920, or of any Act or Order referred to in the preceding Article, except where expressly varied by this Order are hereby incorporated with this Order, namely :--

the Companies Clauses Consolidation Act, 1845 ;

Parts I, II and III of the Companies Clauses Act, 1863, as amended by subsequent Acts ;

the Lands Clauses Acts, except so much thereof as relates to the purchase and taking of lands otherwise than by agreement, and to the entry upon lands by the promoters of the undertaking ;

the Gasworks Clauses Act, 1847 ;

the Gasworks Clauses Act, 1871 ;

for the purposes of such incorporation the term " special Act " in the said Acts respectively shall be construed to mean this Order and the term " the Undertakers " shall mean the Company.

(2) In the application to the Company of the Gasworks Clauses Act, 1847, as incorporated with the Acts of 1858 and 1898, and this Order--

section 13 shall be read as if the words " or any premises " were inserted after the words " private building," and as if the words " provided that every such contract entered into by the Undertakers shall be alike in terms and amount under like circumstances to all consumers " were added at the end of that section.

(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order--

the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith, or by the Gas and Water Works Facilities Act, 1870, or by the Gas Regulation Act, 1920, have the same respective meanings, unless there be something in the subject or context repugnant to such construction ;

" the Act of 1858 " means the City of Waterford Gas Act, 1858 ;

" the Act of 1877 " means the City of Waterford Gas Act, 1877 ;

" the Act of 1898 " means the City of Waterford Gas Act, 1898 ;

" the Act of 1920 " means the Public Utility Companies (Capital Issues) Act, 1920 ;

" the Company " means the City of Waterford Gas Company ;

" the undertaking " means the undertaking authorised by the Acts of 1858, 1877 and 1898 and this Order, and shall include the gasworks and works connected therewith by the Acts of 1858, 1877 and 1898 authorised to be maintained and constructed ;

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

" the Directors " means the Directors of the Company ;

" the Local Authority " includes a county council, council of a county borough, urban district council, and the Commissioners of a town and any public body which is established by or in pursuance of any statute to perform any of the functions of any of the above-named bodies.

4. (1) Notwithstanding anything in the Companies Clauses Consolidation Act, 1845, or in any other Act or Order applicable to the Company, no person shall be disqualified from being a Director of the Company by reason of his holding any office or place of trust or profit under the Company, or by reason of his being interested in any contract with the Company, nor shall any Director be required to cease from voting or acting as a Director by reason of his accepting any such office or place of trust or profit or becoming interested in any such contract ;

Provided that :--

(a) in the case of his being or becoming interested in any contract with the Company, whether such interest shall arise before or after his appointment as a Director, the nature of his interest in the contract shall be disclosed by him at the meeting of the Directors at which the contract is determined on, if his interest then exists, or in any other case at the first meeting of the Directors after the acquisition of his interest or after his appointment, and also in the next annual report of the Company, and

(b) no Director shall as a Director vote in respect of any such contract, and if he does so vote his vote shall not be counted but this prohibition shall not apply to any contract by or on behalf of the Company to give to the Directors or any of them any security by way of indemnity.

(2) The continuing Directors may act notwithstanding any vacancy in their body, but so that if at any time the number of Directors of the Company holding office shall be less than the minimum number prescribed by section 12 of the Act of 1858, the Directors shall not act, except for the purpose of filling vacancies and allotting stock to any proposed Director or Directors, so long as the number is below such minimum.

5. The quorum for a meeting of Directors shall be two.

6. Notwithstanding anything in any Act or Order relating to the Company, the Company may from time to time subject to the provisions of this Order borrow for the purpose of the undertaking on mortgage of the undertaking or by the creation and issue of debentures or debenture stock any amount not exceeding in the whole (when added to any money so borrowed and outstanding at the date or respective dates on which the Company exercise such powers) the sum of sixty-four thousand seven hundred and ninety-five pounds twelve shillings and sixpence being the aggregate amount of the paid-up share capital of the Company as at the 30th day of June, 1947, but it shall not be necessary for the Company to obtain the certificate of a Justice under section 40 of the Companies Clauses Consolidation Act, 1845, in connection with or as a condition of any such borrowing or the creation and issue of any such debenture or debenture stock.

7. The Company may create and issue debenture stock subject to the provisions of Part III of the Companies Clauses Act, 1863, and of section 22 of the Act of 1898, provided that the Company shall not, without the consent of the Minister, pay interest at a higher rate than four pounds per centum per annum in respect of any debenture stock to be issued under the authority of the Act of 1877, the Act of 1898 or this Order.

8. (1) The Company may from time to time, notwithstanding the provisions of any Act or Order relating to the Company, raise by the issue of redeemable debenture stock any money which the Company are or may for the time being be authorised, whether under this Order or any other Act or Order, to raise by the issue of debenture stock, subject to the condition that such redeemable debenture stock shall be redeemed by the Company at such times and in such manner and on such terms and conditions as may be expressed on the certificates of such debenture stock.

(2) It shall be lawful for the Company from time to time, notwithstanding the provisions of any Act or Order relating to the Company, to create and issue new debenture stock whether redeemable or otherwise to such amount as may be necessary to provide money for the redemption or purchase of any redeemable debenture stock, or to reissue any debenture stock which has been redeemed under the provisions of this Article, or to issue any such new debenture stock for the purpose of redemption of or in substitution for any such redeemable debenture stock.

(3) The provisions of this Order or any previous Act or Order relating to the mode of issue of shares, stock or debenture stock of the Company shall not apply to the issue to the holder of any redeemable debenture stock of any such new debenture stock by way of redemption of or in substitution for such redeemable debenture stock, and such new debenture stock may be issued direct to such holder.

(4) The proceeds of any issue under paragraph (2) of this Article shall be applied for the redemption at maturity of any redeemable debenture stock for the redemption of which such issue was made, but may, if the Directors think fit, be also at any time applied in the purchase of any such debenture stock at a price not exceeding the redemption price, and any debenture stock so purchased shall be cancelled.

(5) The creation of new debenture stock under the provisions of paragraph (2) of this Article and the issue of new debenture stock so created shall not be deemed to be an increase of the borrowing powers of the Company, but in determining for the purposes of their accounts for the year in which any such new debenture stock has been issued and for each subsequent year the nominal amount of loan capital issued, the Company shall make all such adjustments of the said nominal amount as shall be necessary in order to show the actual nominal amount of loan capital for the time being issued.

9. (1) The Directors may, if they think fit, in any calendar year after the date of this Order, before distributing any dividend to the Company's stockholders, set aside out of the clear profits of the Company a sum not exceeding three thousand pounds, and the sums so from time to time set aside shall be and form a redemption fund.

(2) The Directors shall apply the said redemption fund at such times and in such manner and in such sums as they shall think fit in redeeming the whole or any part of any loan, mortgage, debenture or debenture stock raised or created by the Company under the Act of 1858, the Act of 1877, the Act of 1898, the Act of 1920 or this Order.

10. Sections 23, 24, 25 and 26 of the Act of 1898 shall apply, with the necessary modifications, to the powers of borrowing conferred on the Company by this Order as if the said sections were with those modifications set out in this Order.

11. In addition to the powers which the Directors may exercise under the Companies Clauses Acts, 1845 to 1889, they may determine the remuneration of the Secretary and Auditors of the Company.

12. (1) The Company may on the application of the owner or occupier of any premises within the limits of supply abutting on any street laid out, but not dedicated to public use, supply those premises with gas, and for that purpose the Gasworks Clauses Act, 1847, shall apply as if section 7 of that Act were excepted from incorporation (with the existing Acts and this Order).

(2) The powers conferred on the Company by this Article shall not be exercised by them over or relating to any street or road for the time being vested in or under the control of any Minister of State, except with the licence in writing of that Minister of State and subject to such conditions as that Minister of State may generally or in any particular instance prescribe.

13. (1) The Company may retain and hold and use for such time as they may think fit or may sell, lease, exchange or otherwise dispose of in such manner and for such consideration and on such terms and conditions as they may think fit any lands or any interest therein acquired by them for the purposes of the undertaking.

(2) Notwithstanding anything contained in the Gas Works Clauses Act, 1871, the provisions of sections 128 to 132 of the Land Clauses Consolidation Act, 1845, shall not apply to any lands sold or disposed of by the Company under this Article.

14. (1) The Company may purchase or take on lease in addition to any lands for the time being held by the Company for the purposes of the undertaking, houses, cottages or other buildings for persons employed by them in connection with the undertaking and offices, showrooms and other buildings for the purposes of the undertaking and may erect, fit up, maintain and let any such buildings upon any lands for the time being held by the Company for the purposes of the undertaking.

(2) The Company may, in connection with and for the purposes of the undertaking, fit up showrooms, and offices and exhibit specimen installations and give demonstrations of the uses to which gas can be put and may appoint and pay persons for the purpose and may by public advertisement or otherwise make known any matters connected with or affecting the sale of gas.

15. (1) In any case in which the Company are by virtue of any enactment relating to their undertaking authorised to cut off and discontinue the supply of gas to any premises in consequence of any default on the part of the occupier of the premises, it shall be lawful for the Company, without prejudice to any other remedy which may be lawfully available to them, to disconnect at the meter the service pipe (whether belonging to the consumer or to the Company), and any person who shall reconnect such service pipe with the meter without the consent of the Company shall be deemed to commit an offence within the meaning of section 18 of the Gasworks Clauses Act, 1847, but if and so soon as the matter complained of shall have been remedied, nothing in this Article shall prejudice or interfere with any rights vested in any person by virtue of section II of the Gasworks Clauses Act, 1871.

(2) For the purposes of this Article the Company, subject to section 22 of the Gasworks Clauses Act, 1871, shall have and may exercise the like powers of entry as are exercisable under that section.

16. A notice to the Company from a consumer for the discontinuance of a supply of gas shall not be of any effect unless it be in writing signed by or on behalf of the consumer and be left at or sent by post to the office of the Company, or be given by the consumer personally at the office of the Company.

17. In the event of any meter used by a consumer of gas being tested in manner provided by the Sale of Gas Act, 1859, or any other enactment relating thereto, and being proved to register erroneously within the meaning of the said Act, such erroneous registration shall be deemed to have first arisen during the then last preceding quarter of the year, unless it be proved to have first arisen during the then current quarter. The amount of the allowance to be made to or of the surcharge to be made upon the consumer by the Company shall be paid by or to the Company to or by the consumer, as the case may be, and shall be recoverable in the like manner as gas charges are recoverable by the Company.

18. Where the payment of more than one sum by any person is due to the Company under this Order, or the Act of 1858, or any incorporated enactment, or any subsequent Act or Order, any summons or warrant issued for the purposes of those Acts and Orders or any of them in respect of that person may contain in the body thereof or in a schedule thereto all the sums payable by him.

19. If any money is payable to any stockholder or mortgagee or debenture stockholder, being a minor, idiot, or lunatic, the receipt of the guardian, receiver, or committee of his estate shall be a sufficient discharge to the Company therefor.

20. It shall be lawful for the Directors to declare and pay in any year an interim half-yearly dividend out of the profits of the Company without the sanction or direction of a General Meeting ; but the amount of any interim half-yearly dividend shall not exceed in any half-year one-half of the authorised rate of dividend on the consolidated stock.

21. (1) Where any person has for the purposes of a stand-by only a supply of gas laid on by the Company to any premises used for trade or business purposes for which he has at the same time a separate supply of electricity or gas for power or other purposes, the Company shall be entitled to charge and receive from him in respect of the supply of gas so laid on such minimum sum as shall be fixed by the Company not exceeding twenty-five shillings for any one quarter of a year, notwithstanding that the ordinary charge for the gas actually consumed in such quarter would amount to a lesser sum, but in fixing the amount of such minimum charge the Company shall have regard to the probable maximum supply of gas which might at any time be required for such premises.

(2) The provisions of this Article shall not apply to any supply of gas required for domestic purposes.

22. The Company may manufacture, sell and dispose of coke, coal, tar, pitch, asphaltum, ammoniacal liquor, oil and other matters which can or may be compounded or produced from the coal or other materials employed in the manufacture of gas and may purchase and sell lime and other things used in or about the manufacture of gas, and may manufacture and sell, purchase, let or deal in gas fittings, tubes, meters, pipes and all other matters and things in any way used in or incident in or to the manufacture of gas or connected with the supply of gas to the consumers thereof in such manner as the Company may think proper ; but nothing in this Order contained shall prevent the Company from being liable to an indictment for nuisance or to any other legal proceedings to which they may be liable in consequence of any of the operations as aforesaid.

23. All costs, charges, and expenses of and incidental to the applying for, preparing and obtaining this Order, and otherwise in relation thereto, shall be paid by the Company, and shall be charged by the Company as part of their expenses on revenue account.

24. (1) The Act of 1858 is hereby amended by the deletion of section 15.

(2) The following section of the Act of 1858 shall be amended to the extent hereinafter specified :--

section 17 shall be read and have effect as if the words " not later than the month of November " were substituted for the words " in the month of August ".

GIVEN under my Official seal this 8th day of April, 1949.

(Signed) DANIEL MORRISSEY,

Minister for Industry and Commerce.