Transport (Re-Organisation of Córas Iompair Éireann) Act, 1986
What is this act about?
Tá an dlí seo faoi athchóiriú a dhéanamh ar Córas Iompair Éireann (CIE) trí thrí fhochuideachta nua a chruthú chun seirbhísí iompair éagsúla a reáchtáil.
Who it applies to: Córas Iompair Éireann (an Bord); Na trí fhochuideachta nua: Iarnród Éireann—Irish Rail, Bus Éireann—Irish Bus, agus Bus Átha Cliath—Dublin Bus.
At a glance
- Country
- Ireland
- Area of law
- Transport law
- Articles
- 31
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Bunú agus clárú trí fhochuideachta nua ag Córas Iompair Éireann.
- Ainmneacha agus struchtúr caipitil na gcuideachtaí seo.
- Príomhchuspóirí na gcuideachtaí nua, ag leagan amach a gcuid feidhmeanna iarnróid, bus Éireann, agus bus Bhaile Átha Cliath.
- Aistriú feidhmeanna, cearta, agus dliteanais ón mBord chuig na fochuideachtaí.
Who does this act apply to?
- Córas Iompair Éireann (an Bord).
- Na trí fhochuideachta nua: Iarnród Éireann—Irish Rail, Bus Éireann—Irish Bus, agus Bus Átha Cliath—Dublin Bus.
What are the key points?
- Cruthóidh an Bord trí chuideachta theoranta de réir Achtanna na gCuideachtaí.
- Is iad ainmneacha na gcuideachtaí ná Iarnród Éireann—Irish Rail, Bus Éireann—Irish Bus, agus Bus Átha Cliath—Dublin Bus, mura n-athraítear iad le hordú ón Aire.
- Beidh scairchaipiteal eisithe iomlán gach cuideachta faoi sheilbh an Bhoird nó ainmnithe an Bhoird.
- Ní féidir rún chun cuideachta a fhoirceannadh go deonach a ghlacadh ach amháin má tá rúin rite ag gach Teach den Oireachtas ag toiliú leis an bhfoirceannadh sin.
Transport law
Legal text
Legal text
Contents (31)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
Transport (Re-Organisation of Córas Iompair Éireann) Act, 1986 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1986 Transport (Re-Organisation of Córas Iompair Éireann) Act, 1986 Transport (Re-Organisation of Córas Iompair Éireann) Act, 1986 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 31 of 1986 TRANSPORT (RE-ORGANISATION OF CÓRAS IOMPAIR ÉIREANN) ACT, 1986 ARRANGEMENT OF SECTIONS
PART I
Preliminary Section
Section 1
Short title.
Section 2
Interpretation.
Section 3
Orders.
Section 4
Expenses.
Section 5
Repeals.
PART II
Subsidiary Companies
Section 6
Formation and registration of subsidiary companies.
Section 7
Names and capital formation of companies.
Section 8
Principal objects of companies.
Section 9
Adaptation of enactments.
Section 10
Form of memorandum of association of companies.
Section 11
Form of articles of association.
Section 12
Restriction on alteration of memorandum or articles of association.
Section 13
Membership of either House of the Oireachtas or Assembly of European Communities.
Section 14
Staff.
Section 15
Superannuation.
Section 16
Licence by Board to use property.
Section 17
Transfer of property.
Section 18
Transfer of rights and liabilities.
Section 19
Accounts and audits.
Section 20
Borrowing by a company.
Section 21
Disclosure by directors of certain interests.
Section 22
Prohibition on unauthorised disclosure of information.
Section 23
Non-application of Prices Acts, 1958 to 1972.
Section 24
Continuance of pending legal proceedings.
PART III
Provisions Relating to Córas Iompair Éireann and Subsidiaries
Section 25
Conferring of additional functions on the Board.
Section 26
Policy directions.
Section 27
Compulsory acquisition of land.
Section 28
Bye-laws relating to functions of companies.
Section 29
Temporary borrowing by Board.
Section 30
Amendment of section 35 of the Transport Act, 1950.
Section 31
Exemption from stamp duty.
Acts Referred to Companies Act, 1963 1963, No. 33 European Assembly Elections Act, 1977 1977, No. 30 European Assembly Elections Act, 1984 1984, No. 6 Finance Act, 1895 1895, c. 16 Licensing Acts Prices Act, 1958 1958, No. 4 Refreshment Houses (Ireland) Act, 1860 1860, c. 107 Transport Act, 1950 1950, No. 12 Transport Act, 1964 1964, No. 30 Worker Participation (State Enterprises) Act, 1977 1977, No. 6 Number 31 of 1986 TRANSPORT (RE-ORGANISATION OF CÓRAS IOMPAIR ÉIREANN) ACT, 1986 AN ACT TO PROVIDE FOR THE FORMATION BY CÓRAS IOMPAIR ÉIREANN OF THREE SUBSIDIARY COMPANIES TO EXERCISE RAILWAY, ROAD TRANSPORT AND OTHER FUNCTIONS, TO PROVIDE FOR CERTAIN MATTERS CONNECTED THEREWITH AND TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT. [11th December, 1986] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I
Preliminary Short title.
1.—This Act may be cited as the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986.
Interpretation.
2.—(1) In this Act, unless the context otherwise requires— “the Act of 1950” means the Transport Act, 1950 ; “the Board” means Córas Iompair Éireann; “the Companies Acts” means the Companies Act, 1963 , and every enactment which is to be construed as one with that Act; “company” means a company formed pursuant to section 6 ; “the Dublin bus company” means the company to which a name is assigned by section 7
Orders.
3.—(1) The Minister may by order revoke or amend any order made by him under any provision of this Act other than section 6 subject to such consent as is required under that provision.
Expenses.
4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
5.—Section 14 of the Act of 1950 and section 35 (2) (inserted by section 12 of the Transport Act, 1964 ) of that Act are hereby repealed.
PART II
Subsidiary Companies Formation and registration of subsidiary companies.
6.—(1) The Board shall cause three companies limited by shares conforming to the conditions laid down in this Act, to be formed and registered under the Companies Acts.
Names and capital formation of companies.
7.—(1) Subject to subsection (2), the names of the companies shall be respectively— (a) Iarnród Éireann—Irish Rail; (b) Bus Éireann—Irish Bus; (c) Bus Átha Cliath—Dublin Bus.
Section 23
of the Companies Act, 1963 , shall apply to a change of name under this subsection.
Principal objects of companies.
8.—(1) The principal object of the railway company shall be stated in its memorandum of association to be to provide, within the State and between the State and places outside the State, a railway service and a road freight service and for those purposes to exercise functions in that behalf conferred on the Board by the Act of 1950 or any other enactment.
Adaptation of enactments.
9.—(1) Where any function of the Board is, by virtue of this Act, a function of a company the Government may by order make such adaptations and modifications of the provisions of any enactment (including this Act) in its application to the company as the Government think proper.
Form of memorandum of association of companies.
10.—The memorandum of association of each of the companies shall be in such form consistent with this Act as may be approved of by the Board with the consent of the Minister and the Minister for Finance and, where appropriate, the Minister for the Public Service.
Form of articles of association.
11.—(1) The articles of association of each company shall be in such form consistent with this Act as may be approved of by the Board with the consent of the Minister and the Minister for Finance and, where appropriate, the Minister for the Public Service.
Restriction on alteration of memorandum or articles of association.
12.—Notwithstanding anything contained in the Companies Acts, no alteration in the memorandum of association or articles of association of a company shall be valid or effectual unless made with the prior approval of the Minister given with the consent of the Minister for Finance and, where appropriate, the consent of the Minister for the Public Service.
Membership of either House of the Oireachtas or Assembly of European Communities.
13.—(1) Where a director of a company is— (a) nominated as a member of Seanad Éireann, or (b) elected as a member of either House of the Oireachtas or of the Assembly of the European Communities, or (c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Assembly to fill a vacancy, he shall thereupon cease to be a director of the company.
Staff.
14.—(1) Each company shall appoint such officers and servants as the company thinks fit.
Superannuation.
15.—For all purposes of superannuation, employment of any person by a company shall be treated as employment by the Board and section 44 of the Act of 1950 shall have effect accordingly.
Licence by Board to use property.
16.—(1) The Board may by licence from time to time authorise the use by any of the companies of any land held by the Board on such terms as the Board may prescribe.
Transfer of property.
17.—(1) On the vesting day all property other than land, including choses-in-action, which immediately before that day was the property of the Board and was used in connection with a function conferred on a company by virtue of this Act shall stand vested in that company without any assignment, unless, in respect of specified property, the Board otherwise decides.
Transfer of rights and liabilities.
18.—(1) All rights and liabilities of the Board arising by virtue of any contract or commitment (expressed or implied) entered into by it before the vesting day in relation to functions assigned to a company under this Act shall on that day stand transferred to that company.
Accounts and audits.
19.—(1) Each company shall keep all proper and usual accounts of all money received or expended by it including a capital account, revenue account, profit and loss account, and a balance sheet, and, in particular, shall keep all such special accounts as the Minister of his own motion or at the request of the Minister for Finance shall from time to time direct.
Borrowing by a company.
20.—(1) The Board may lend money to a company to defray expenditure incurred by it for such purposes and subject to such terms and conditions as the Board thinks fit.
Disclosure by directors of certain interests.
21.—(1) Where at a meeting of the directors of a company any of the following matters arises, namely— (a) an arrangement to which the company is a party or a proposed such arrangement, or (b) a contract or other agreement with the company or a proposed such contract or other agreement, then any director of the company present at the meeting who otherwise than in his capacity as such a director is in any way, whether directly or indirectly, interested in the matter shall at the meeting disclose to the company the fact of such interest and the nature thereof and shall not vote on a decision relating to the matter and, where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the director by whom the disclosure is made shall not be counted in the quorum for the meeting.
(3)
Section 194
of the Companies Act, 1963 , shall not apply to a director of a company.
Prohibition on unauthorised disclosure of information.
22.—(1) A person shall not disclose confidential information obtained by him while performing duties as a member of the Board or director of a company or a member of the staff of, or an adviser or consultant to, the Board or a company unless he is duly authorised to do so.
Non-application of Prices Acts, 1958 to 1972.
23.—The Prices Acts, 1958 to 1972, shall not apply to any service provided by a company.
Continuance of pending legal proceedings.
24.—Where legal proceedings to which the Board is a party are pending immediately before the vesting day and the proceedings relate to functions assigned to a particular company by virtue of this Act, the proceedings shall be continued with the substitution for the Board of that company.
PART III
Provisions Relating to Córas Iompair Éireann and Subsidiaries Conferring of additional function on the Board.
25.—(1) The Minister may by order confer on the Board such further functions, including functions in relation to the development of the assets of the Board, as the Minister thinks proper and specifies in the order.
Policy directions.
26.—(1) The Minister may give to the Board such directions in writing as to policy in relation to the functions of the Board, the companies, or any of them, as he thinks proper.
Compulsory acquisition of land.
27.—Section 17 of the Act of 1950, which relates to the compulsory acquisition of land by the Board, is hereby amended by the substitution, for subsection (1), of the following subsection: “(1) The Minister may, if and whenever he thinks fit, on the application of the Board, by order (in this section referred to as an acquisition order) authorise the Board for the purpose of the exercise of its powers and duties or of the powers and duties of any of its subsidiary companies to acquire compulsorily such land as may be specified in the order.”.
Bye-laws relating to functions of companies.
28.—(1) The power of the Board to make bye-laws, conferred by section 22 of the Act of 1950, shall be exercisable by the Board for the purpose of the exercise by the companies of their functions.
Temporary borrowing by Board.
29.—Section 28 of the Act of 1950 (which relates to temporary borrowing by the Board) shall be construed as including borrowing in a currency other than the currency of the State.
Amendment of section 35 of the Transport Act, 1950.
30.—Section 35 of the Act of 1950 is hereby amended by the substitution of the following subsection for subsection (1): “(1) The Board shall appoint such officers and servants as the Board may determine, and their remuneration shall be paid by the Board out of funds at its disposal.”.
Exemption from stamp duty.
31.—
Section 12
of the Finance Act, 1895 , shall not apply to the vesting of any property or rights transferred by this Act and stamp duty shall not be chargeable on any licence under section 16 .
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