S.I. No. 214/1955:

TRANSPORT ACT, 1950 (ADDITIONAL POWERS) ORDER, 1955.

TRANSPORT ACT, 1950 (ADDITIONAL POWERS) ORDER, 1955.

ARRANGEMENT OF ARTICLES.

1. Short title.

2. Definitions.

3. Deposit of plans and sections and book of reference.

4. Power to make railway.

5. Period for completion of railway.

6. Gauge.

7. Motive Power.

8. User of railway.

9. Opening of railway.

10. Application of Railways' Clauses Consolidation Act, 1845 and the Railways' Clauses Act, 1863.

11. Construction of the railway across roads.

12. Regulation of working of the railway across roads.

13. Gates or chains at level crossings.

14. Repair by Board of roads across which railway is laid.

15. Power of Board to break up roads.

16. Restoration of roads opened or broken up by the Board.

17. Non-interference with traffic along roads.

18. Restrictions on rights of the Board as regards roads.

19. Maintenance of the railway across roads.

20. Indemnity of the County Council by the Board.

21. Agreements between the Board and the County Council.

22. Right of County Council to open roads.

23. Protection of telegraphic lines.

24. Protection of Electricity Supply Board.

25. Protection of State Property.

26. Expenses of the Minister.

27. Saving for General Acts relating to railways.

S.I. No. 214 of 1955.

TRANSPORT ACT, 1950 (ADDITIONAL POWERS) ORDER, 1955.

I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 14 of the Transport Act, 1950 (No. 12 of 1950), with the consent of the Minister for Finance, hereby order as follows :--

1. This Order may be cited as the Transport Act, 1950 (Additional Powers) Order, 1955.

2. In this Order :--

" the Board " means Córas Iompair Éireann ;

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

" the Townlands " means the Townlands of Rossbrien, Dooradoyle, Ballykeeffe, Skehacreggaun, Bunlicky and Castlemungret in the Barony of Publebrien and the County of Limerick ;

" the Works " means the works authorised by this Order ;

" the County Council " means the Council of the County of Limerick ;

" road " means any public road and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall (where such fence, railing or wall was erected by or is liable to be maintained by the County Council) forming part thereof ;

" the railway " means the railway authorised by this Order ;

" mechanical power " means electrical and any other motive power not being animal power;

" the deposited plans " and " the deposited book of reference " mean respectively the copies of the plans and sections and the copy of the book of reference deposited with the County Registrar of the County of Limerick as hereinafter provided.

3. The Board shall deposit with the County Registrar of the County of Limerick as soon as possible after the making of this Order true copies of the plans and sections and the book of reference to such plans and sections which accompanied the application for this Order.

4. Subject to the provisions of this Order, the Board may, within the Townlands, lay down, make and maintain in the lines and according to the levels shown on the deposited plans, the railway and railway line hereinafter described with all proper sidings, junctions, rails, plates, works and conveniences connected therewith and may use such of the lands delineated on the deposited plans and described in the deposited book of reference as may be required for such purposes, that is to say :--

A railway of 3·01 miles approximately in total length commencing in the Townland of Rossbrien at a point on the railway from Limerick to Patrickswell about 0·12 of a mile south of the level crossing on the road from Ballinacurra to Rossbrien, running thence in a westerly direction through the Townland of Rossbrien and the Townland of Dooradoyle to a point about 0·25 of a mile inside the Townland of Dooradoyle, where it turns in a north-westerly direction to cross the road from Limerick to Croom at a point about 0·08 of a mile south of the Ballinacurra Road bridge over the Ballynaclogh river, thence continuing in a south-westerly direction through the Townland of Ballykeeffe for a distance of about 0·45 of a mile and thence in a westerly direction through the same Townland for a distance of about 0·26 of a mile, and in a north-westerly direction through the same Townland into the Townland of Skehacreggaun and through that Townland to cross the road from Limerick to Foynes at a point about 0·11 of a mile south west of the boundary of the Townland of Bunlicky, thence in a south-westerly direction through the Townlands of Bunlicky and Castlemungret and finally turning north-west into the property of Irish Cement Ltd., in the Townland of Castlemungret.

5. The Board shall complete and finish, ready for use, the railway and the proper equipment for working the same within two years from the date of this Order or such further period not exceeding one year as the Minister may allow, and on the expiration of the said period of one year or such further period as may be allowed, the powers by this Order granted to the Board for executing the same or otherwise in relation thereto shall cease except a to so much thereof as shall then be completed.

6. The gauge of the railway shall be 5 feet 3 inches.

7. Subject to the provisions of this Order, the Board may work the railway by mechanical power or animal power.

8. The railway shall form part of the undertaking of the Board and may be used by the Board for any purpose connected with the powers and duties of the Board.

9. No part of the railway shall be opened for traffic until the railway has been inspected and certified to be fit for traffic by an Inspector duly appointed by the Minister under the Regulation of Railways Act, 1871.

10.--(1) Sections 7 to 16, sections 18 to 24, sections 30 to 45, sections 53 to 58 and sections 68 to 76 of the Railways' Clauses Consolidation Act, 1845, shall (except where inconsistent with any other Article of this Order) apply in respect of the railway subject to the following modifications, that is to say :--

(a) reference to the Company shall be construed as reference to the Board ;

(b) reference to the Special Act shall be construed as reference to this Order ;

(c) in section 7--

(i) reference to the plans or books of reference mentioned in the Special Act shall be construed as reference to the deposited plans or the deposited book of reference ;

(ii) the reference to two Justices shall be construed as a reference to the Minister ;

(d) reference in sections 7, 8, 9 and 10 to clerks of the peace or postmasters shall be construed as reference to the County Registrar for the County of Limerick ;

(e) references in sections 8 and 9 to the original plan and section as shall have been approved of by Parliament and to the original plan and section shall be construed as references to the deposited plans ;

(f) in section 11--

(i) the reference to the common datum line described in the section approved of by Parliament shall be construed as a reference to the common datum line described in the deposited plans ;

(ii) the reference to the consent of two or more Justices of the Peace in Petty Sessions assembled for the purpose and acting for the District in which a street or public highway may be situated shall be construed as a reference to the Minister ;

(iii) the second proviso shall not apply ;

(g) references in section 14 to the said plan or section shall be construed as references to the deposited plans ;

(h) the reference in section 15 to the plan so deposited and the books of reference shall be construed respectively as reference to the deposited plans and book of reference ;

(i) in section 16--

(i) the references to the said plans shall be construed as a reference to the deposited plans ;

(ii) the reference to the said books of reference shall be construed as a reference to the deposited book of reference ;

(j) in lieu of the provisions of section 44 for determining the amount of compensation in the cases mentioned therein such compensation shall be determined by arbitration under and in accordance with 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 in all respects as if such compensation were part of the price of land compulsorily acquired ;

(k) any penalty under sections 23, 24, 57 or 75 may be recovered by summary proceedings before a Justice of the District Court ;

(l) in sections 69, 70 and 71 references to two Justices or to such Justices shall be construed as references to a person appointed by the Minister.

(2) Part 1 (except sections 5, 6, 7, 13, 14, 15, 16, 17, 18 and 19) of the Railways' Clauses Act, 1863, shall apply in respect of the railway subject to the following modifications, that is to say :--

(a) references to the Company shall be construed as references to the Board ;

(b) references to the Special Act shall be construed as references to this Order ;

(c) references to the deposited plans or sections shall be construed as references to the deposited plans and the deposited book of reference.

(3) None of the provisions of the Railways' Clauses Consolidation Act, 1845, or the Railways' Clauses Act, 1863, other than those expressly applied by this Article shall apply in respect of the railway.

11.--(1) The Board may construct and maintain the railway across and on the level of any road and may alter the level of any footpath or road in accordance with the deposited plans, and the Board shall not, in constructing the railway, deviate from such level without the consent of the County Council.

(2) Where the railway is authorised by this Order to be laid across and on the level of any road it shall be laid and maintained in such manner that the uppermost surface of the rails shall be on a level with the surface of the road.

(3) The form of rail to be laid across any road shall be approved by the County Council and if the Board shall be dissatisfied with its decision it may appeal to the Minister whose decision shall be final.

(4) The Board shall at its own expense lower the level of the railway where it intersects the road from Limerick to Croom or within 300 feet thereof to the approximate level of 18·50 O.D. in accordance with a request of the County Council made at any future time.

12. Where the railway is laid across and on the level of any road the Board or any other person using the railway shall be subject to and shall abide by all such directions with regard to the working of traffic or to the speed of trains over the railway as may be given from time to time by the Minister.

13.--(1) Where the railway crosses a road on the level the Board shall--

(a) erect or cause to be erected to the satisfaction of the Minister good and sufficient gates or chains,

(b) fix or cause to be fixed a red disc or target to the said gates or chains on each side of the crossing,

(c) construct or cause to be constructed the said gates or chains so that they alternately close completely across the railway and across the road,

(d) ensure that the said discs or targets show towards the road and towards the railway according to the position of the said gates or chains, and

(e) recoup the road authority for the costs of providing and maintaining any traffic sign indicating approach to the level crossing.

(2) It shall be the duty of the Board to--

(a) cause the gates or chains, referred to in paragraph (1) of this Article, to be kept constantly closed across the railway except during the times when engines or carriages passing along the railway shall have occasion to cross the road at such level crossing.

(b) cause any engines or carriages to be stopped at the level crossing, and cause the said gates or chains to be opened to the railway and closed to the road and the engines or carriages to pass over the crossing immediately after the gates or chains have been so opened,

(c) cause the said gates or chains to be closed to the railway and opened to the road immediately after any engines or carriages on the railway have passed over the crossing, and

(d) light suitably by red lamps the said gates or chains when they are closed against the road after sunset or whenever by fog or falling snow traffic on the road is deprived of a clear view at a distance of at least 200 feet.

14. The Board shall, at its own expense, at all times under the superintendence and to the reasonable satisfaction of the County Council maintain and keep in good condition and repair so much of any road across which the railway is laid as lies between the rails of the railway and in case of double lines the portion also of the road between the two lines of rails and in either case so much of the road as extends three feet beyond the rails of and on each side of the railway.

15. The Board, for the purpose of laying down, making, maintaining and renewing the railway or any part or parts thereof respectively, may from time to time open and break up any road subject to the following regulations :

(a) the Board shall, not later than seven days before commencing to open or break up any road, give to the County Council notice of its intention to do so and such notice shall specify the time at which it is proposed to commence operations and the portion of the road proposed to be opened or broken up ;

(b) the Board shall not open or break up any road, except under the superintendence and to the reasonable satisfaction of the County Council, unless the County Council refuses or neglects to give such superintendence at the time specified in the Board's notice or discontinues to give such superintendence at any time during the progress of the work ;

(c) the Board shall pay all reasonable expenses to which the County Council is put on account of such superintendence.

16. When the Board has opened or broken up a road or any part thereof the Board shall be under the following obligations, namely :--

(a) the Board shall, with all convenient speed and within three weeks at the most (unless the County Council otherwise consents in writing), complete the work on account of which it opened or broke up the road and (subject to the laying down, making, maintenance or renewal of the railway) fill in the ground level and make good the surface and, to the satisfaction of the County Council, restore the portion of the road to as good a condition as that in which it was before it was opened or broken up ;

(b) the Board shall in the meantime cause the place where the road is opened or broken up to be fenced and watched, and to be properly lighted at night and provide and maintain sufficient and proper means of passage and re-passage for all passengers, vehicular, animal and public traffic along such road to the satisfaction of the County Council ;

(c) the Board shall bear all reasonable expenses of the repair of these portions of such road so opened or broken up for six calendar months after the same is restored, such expenses to be certified by the County Council, whose certificate shall be conclusive.

17. During the execution of the works authorised by this Order in connection with the laying down, making, maintaining, repairing or renewing of the railway, the Board shall make such arrangements in relation to the execution of such works to the satisfaction of the County Council as may be adequate to prevent the traffic along any road from being unnecessarily interfered with.

18. The Board shall not be deemed to have acquired by virtue of this Order any property or right over or in respect of any road or lane across which the railway may be laid, other than the right of user of such road or lane by the engines, motors, rolling stock, horses and servants of the Board or of any person working the railway on behalf of the Board and save by the payment of expenses and execution of works as provided by this Order the Board shall not be bound or liable to compensate the County Council or any person in respect of the acquisition of such right of user.

19. Where the railway is laid across any road the Board shall at all times maintain and keep in good condition and repair and so as not to be a danger or annoyance to ordinary traffic the rails of which the railway for the time being consists and the substructure upon which the same rests.

20. The Board shall at all times indemnify and keep indemnified the County Council against all actions, proceedings, claims and demands, costs, damages and expenses which may be brought or made against the County Council or which the County Council may sustain or incur by reason of the wrongful acts or defaults of the Board or of any person having a contract with the Board or a subcontract with a contractor of the Board or any person employed by the Board for or in the execution of the works authorised by this Order, or the exercise of any powers conferred on the Board by this Order.

21. The Board may from time to time enter into and carry into effect and from time to time alter, renew or vary contracts, agreements or arrangements with the County Council with respect to laying down, making, paving, metalling or keeping in repair any road and the railway thereon or in respect of altering the levels of the whole or any portion of any road across which the Board is authorised to lay down the railway or in respect of any of the work to be performed under the provisions of the next following Article and the proportion to be paid by them or either of them of the expense of laying down, making, paving, metalling, keeping in repair or altering such railway or roads, or the levels thereof.

22. Nothing in this Order shall take away or abridge any power to open or break up any road across which the railway is laid, or any other power vested in the County Council or in any person for the purpose of laying down, repairing, altering or removing any sewers, drains, mains or pipes for the supply of water, oil, petrol or gas, or any tubes, wires or apparatus for telegraphic, electrical or other purposes ; but in the exercise of such power the County Council and every such person save the Minister for Posts and Telegraphs shall--

(a) before they commence any such work whereby the traffic on the railway will be interrupted, give notice to the Board (except in case of urgency) not later than forty-eight hours before such commencement, of their intention to commence such work ;

(b) not be liable to pay to the Board any compensation for unavoidable injury done to the railway or for loss of traffic occasioned by the execution of such work or for the reasonable exercise of the power vested in them as aforesaid ;

(c) where such work immediately affects the railway, execute such work at their own expense and to the reasonable satisfaction of the Board's Engineer.

23. Nothing in this Order contained shall authorise any interference with any telegraphic line of the Minister for Posts and Telegraphs as defined by the Telegraph Acts, 1863 to 1928, or other property of the Minister for Posts and Telegraphs or any of the rights of the Minister for Posts and Telegraphs under the said Acts.

24. Nothing in this Order contained shall authorise the Board to interfere with any of the electric wires or works of the Electricity Supply Board, except with the consent of the Minister and subject to such terms and conditions as the Minister, after consultation with the Electricity Supply Board, thinks proper.

25. Nothing in this Order contained shall affect any property, real or personal, vested in the State or in any Minister thereof, or be construed to restrict or prejudice the rights of the State or any right, power, privilege or duty vested by law in any Minister or any officer of the State, and in particular any powers of erecting, constructing, altering or extending any works on any such property as aforesaid shall not be construed to confer on the Board any rights of entry into or any estate or interest in any such property, but this Article shall not operate to prevent the exercise in accordance with this Order by the Board of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Board.

26. Any expenses incurred by the Minister in the exercise of his powers and functions under Order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the Board.

27. Nothing in this Order contained shall exempt the Board from the provisions of any General Act relating to railways and such provisions shall have effect to the extent to which they are not inconsistent with the provisions of this Order.

GIVEN under my Official Seal, this 29th day of October, 1955.

WILLIAM NORTON,

Minister for Industry and Commerce.

The Minister for Finance consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance this 4th day of November, 1955.

GERARD SWEETMAN.