Transport Act, 1966

In short

This law makes further provisions related to transport, specifically concerning the termination and abandonment of railway lines belonging to the Fishguard and Rosslare Railways and Harbours Company, and the sale of associated land. It also changes how certain disputes and appeals are handled.

What it regulates

Termination of train services on railway lines of the Fishguard and Rosslare Railways and Harbours Company.
Abandonment of railway lines belonging to the Fishguard and Rosslare Railways and Harbours Company.
Sale of land under or adjoining abandoned railway lines.
The process for resolving certain disputes, differences, and appeals related to transport.

Who it concerns

The Fishguard and Rosslare Railways and Harbours Company ("the Company").
Córas Iompair Éireann ("the Board").
Tenants of land under or adjoining abandoned railway lines.
Parties involved in certain transport-related disputes, differences, or appeals.

Key points

Section 19 of the Transport Act, 1958, which deals with terminating train services, now applies to services provided by the Board on the Company's railway lines.
Section 21 of the Transport Act, 1950, regarding the abandonment of railway lines, applies to the Company's lines where all train services have been terminated by the Board.
A railway company may sell, by private treaty, land under or adjoining an abandoned railway line to a tenant of that land or an adjoining tenant. This provision is deemed to have started on July 9, 1963.
Certain disputes, differences, or appeals previously referred to a standing arbitrator will now be heard and decided by the Circuit Court if a party applies to the Court with at least twenty-one days' notice. An appeal on a question of law from the Circuit Court's decision can be made to the High Court, whose decision is final, but appeals on questions of fact are not allowed.

Legal text

Transport Act, 1966 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.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1966 Transport Act, 1966 Transport Act, 1966 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 26 of 1966. TRANSPORT ACT, 1966 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Termination of train services on railway lines of Company. 3. Abandonment of railway lines of Company. 4. Sale of land under or adjoining abandoned railway lines. 5. Determination of certain disputes, differences and appeals by Circuit Court. 6. Short title. Acts Referred to Transport Act, 1950 1950, No. 12 Transport Act, 1958 1958, No. 19 Transport Act, 1955 1955, No. 25 Railways (Existing Officers and Servants) Act, 1926 1926, No. 25 Railways Act, 1924 1924, No. 29 Transport Act, 1944 1944, No. 21 Number 26 of 1966. TRANSPORT ACT, 1966 AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT. [19th July, 1966.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions. 1.—In this Act— “the Act of 1950” means the Transport Act, 1950 ; “the Board” means Córas Iompair Éireann; “the Company” means the Fishguard and Rosslare Railways and Harbours Company; “railway line” includes a section of railway line. Termination of train services on railway lines of Company. 2.— Section 19 of the Transport Act, 1958 , which provides for the termination of train services, shall apply and have effect in relation to any service of trains for passengers and merchandise or either of them provided by the Board on a railway line of the Company. Abandonment of railway lines of Company. 3.—

(1)Section 21 of the Act of 1950, which provides for the abandonment of railway lines, shall apply to a railway line of the Company over which all train services have been terminated by the Board.

(2)The said section 21 shall, in its application to a railway line of the Company over which all train services have been terminated by the Board, be construed and have effect as if— (a) the following paragraph were substituted for paragraph (a) of subsection

(2), that is to say: “(

a)Where the Board has terminated all train services run over a specified railway line of the Fishguard and Rosslare Railways and Harbours Company, that Company may, subject to this subsection, by order (in this section referred to as an abandonment order) declare its intention of abandoning that railway line”, and (
b)the references in subsections

(2)(b) to (d),

(3),

(4),

(5)and

(7)to the Board were references to the Company.

(3)Where, by virtue of the said section 21, as amended by this section, or section 7 of the Transport Act, 1955 , a liability of the Company in relation to the maintenance of any works ceases, any corresponding liability of the Board shall also cease.

(4)The Company shall be deemed to be a railway company for the purposes of any enactment relating to railways. Sale of land under or adjoining abandoned railway lines. 4.—

(1)Notwithstanding anything to the contrary in section 21 of the Act of 1950 or in any other enactment, a railway company may sell, by private treaty, any land under or adjoining an abandoned railway line to any tenant of that land or to any tenant of adjoining land under or adjoining such line.

(2)Subsection

(1)of this section shall be deemed to have come into operation on the 9th day of July, 1963. Determination of certain disputes, differences and appeals by Circuit Court. 5.—

(1)Subject to subsection

(2)of this section, a dispute, difference or appeal which may be referred or made to the standing arbitrator appointed for the purposes of the Third Schedule to the Act of 1924, section 43 of the Act of 1944 or section 41 or 42 of the Act of 1950 shall, in lieu of being referred or made to such arbitrator, if a party thereto entitled under those provisions to refer or make it to such arbitrator applies to the Circuit Court by motion on notice served on the other party thereto not less than twenty-one days before the day upon which the application is intended to be made, be heard and decided by that Court and, subject to the provisions of this section, the provisions aforesaid shall, as respects any such application, be construed and have effect accordingly.

(2)Where in respect of a dispute, difference or appeal referred or made to the standing arbitrator aforesaid under any of the provisions aforesaid before the passing of this Act a decision was not given before such passing and is not given during the period of three months immediately after such passing, the dispute difference or appeal shall, in lieu of being decided by the arbitrator, if a party thereto applies after the expiration of such period to the Circuit Court by motion on notice served on the other party thereto and on the said arbitrator not less than twenty-one days before the day upon which the application is intended to be made, be heard and decided by that Court and, subject to the provisions of this section, the provisions aforesaid shall, as respects any such application, be construed and have effect accordingly.

(3)An application to the Circuit Court under this section shall, at the election of the person making the application, be made to a judge of the Dublin Circuit or to the judge of the circuit where such person resides or has his principal place of business.

(4)Notwithstanding anything contained in the said Third Schedule, the said section 43 or the said section 41 or 42, an appeal to the High Court (whose decision shall be final) on a question of law may be brought from a decision of the Circuit Court under this section, but an appeal from such a decision on a question of fact may not be brought.

(5)Section 8 of the Railways (Existing Officers and Servants) Act, 1926 , section 43

(6)to

(10)of the Act of 1944 and section 43 of the Act of 1950 shall not apply or have effect in relation to disputes, differences or appeals falling to be heard and decided by the Circuit Court under this section.

(6)In this section— “the Act of 1924” means the Railways Act, 1924 ; “the Act of 1944” means the Transport Act, 1944 . Short title. 6.—This Act may be cited as the Transport Act, 1966. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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