Transport Act, 1944

Transport Act, 1944 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 1944 Transport Act, 1944 Transport Act, 1944 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 21 of 1944.

TRANSPORT ACT, 1944.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Section 1

Short title.

Section 2

Interpretation generally.

Section 3

Prosecution of offences.

Section 4

Regulations.

Section 5

Repeals.

Section 6

Expenses of the Minister and the Minister for Agriculture.

PART II

.

Córas Iompair Éireann.

Chapter I.

Preliminary and General.

Section 7

Definitions for purposes of Part II.

Section 8

Incorporation of certain Acts.

Chapter II.

Incorporation of Córas Iompair Éireann, dissolution of the Great Southern Railways Company and the Dublin United Transport Company, Limited, and transfer of undertakings of dissolved companies to the Company.

Section 9

Incorporation of the Company.

Section 10

Purposes of the Company.

Section 11

Dissolution of dissolved companies.

Section 12

Transfer to the Company of undertakings of the dissolved companies.

Chapter III

.

Financial Provisions.

Section 13

Capital of the Company.

Section 14

Substitution of stock of Company for stock of dissolved companies.

Section 15

Supplemental provisions in relation to substituted stock.

Section 16

Creation and issue of subsequent debenture stock.

Section 17

Provisions in relation to debenture stock.

Section 18

State guarantee of debenture stock.

Section 19

Creation and issue of subsequent common stock.

Section 20

Dividends on the common stock.

Section 21

Unclaimed interest and dividends.

Section 22

Redemption Fund.

Section 23

Power of the Company to borrow temporarily.

Section 24

Cesser of unexercised capital powers of dissolved companies.

Section 25

Receipt in case of person not sui juris.

Section 26

Accounts, statistics and returns.

Section 27

Audited accounts of the Company to be laid before Houses of the Oireachtas.

Section 28

Furnishing of yearly accounts of the Company to Stockholders.

Section 29

Auditors.

Chapter IV.

Meetings of the Company.

Section 30

Date of ordinary meetings.

Section 31

Quorum of meeting of the Company.

Section 32

Votes of common stockholders.

Section 33

Powers as to directors, auditors, etc.

Section 34

Voting by joint common stockholders.

Section 35

Appointment of proxies under power of attorney.

Section 36

Closing of transfer books.

Chapter V.

The Board of Directors.

Section 37

The board of directors of the Company.

Section 38

Remuneration of the directors.

Section 39

Provisions in relation to the Chairman.

Section 40

Managing director.

Section 41

Provisions in relation to stockholders' directors.

Section 42

Compensation to certain stockholders' directors.

Chapter VI.

Officers and Servants.

Section 43

Compensation of certain officers and servants of the dissolved companies.

Section 44

Superannuation scheme.

Section 45

Existing superannuation funds.

Section 46

Establishment of associations, etc., calculated to promote the welfare of employees.

Section 47

Appointment to clerical grades.

Chapter VII

.

Miscellaneous Provisions Applicable to the Company.

Section 48

Provision of additional transport facilities by the Company.

Section 49

Agreements with respect to allocation or routing of traffic, pooling of receipts, etc.

Section 50

Revision of existing agreements between the Minister for Posts and Telegraphs and the dissolved companies and determination of disputes between the said Minister and the Company.

Section 51

Protection of Minister for Posts and Telegraphs.

Section 52

Cesser of wayleaves payable to the Dublin and Dun Laoghaire Corporations.

Section 53

Arrangements between the Company and the Great Northern Railway Company (Ireland) as respects the Dublin Junction Railways, etc.

Section 54

Transfer of certain licences to the Company.

Section 55

Names and addresses of stockholders.

Section 56

Application of certain enactments to the Company.

Section 57

Enactments not applicable to the Company.

Section 58

Exemption from stamp duties.

Section 59

Power of the Company to subscribe to charities, etc.

Section 60

Language of public notices and tickets.

Section 61

Service of documents on the Company.

Section 62

Penalty for trespass on the Company's railways.

PART III

.

The Transport Advisory Committee

Section 63

Establishment of the Transport Advisory Committee.

Section 64

Duties of the Advisory Committee.

Section 65

Powers of the Advisory Committee.

Section 66

Regulation of proceedings before the Advisory Committee.

Section 67

Staff of the Advisory Committee.

PART IV

.

Transport Charges.

Chapter I.

Preliminary and General.

Section 68

Definitions for purposes of part IV.

Section 69

Expenses of harbour authorities and local authorities.

Chapter II.

Railway Charges and Conditions of Carriage by Rail Applicable to the Company.

Section 70

Continuance of railway classification of merchandise applicable to the dissolved railway company and of maximum railway charges of the dissolved railway company.

Section 71

Revised railway classification of merchandise applicable to the Company.

Section 72

Revised schedules of maximum railway charges of the Company.

Section 73

Alteration of railway classification of merchandise applicable to the Company.

Section 74

Alteration of maximum railway charges of the Company.

Section 75

Protection of ports.

Section 76

Standard terms and conditions of carriage by rail for the Company.

Section 77

Alteration of standard terms and conditions of carriage by rail for the Company.

Section 78

Conditions on which merchandise is to be carried by rail by the Company.

Section 79

Owner's risk rates for livestock.

Section 80

Minimum charges.

Section 81

Special mileage charges.

Section 82

Dangerous goods.

Section 83

Miscellaneous provisions as to rates.

Section 84

Determination of disputes and differences between the Company and traders arising under the Eighth Schedule to this Act.

Section 85

Additional functions of the Minister.

Section 86

Provisions in relation to certain questions, disputes or differences referred to the Minister.

Section 87

Amendment of certain Acts in their application to the Company.

Chapter III.

Rail Charges of Railway Companies other than the Company.

Section 88

Maximum railway charges of companies other than the Company.

Section 89

Alteration of maximum railway charges of companies other than the Company.

Chapter IV.

Charges for Tramway Services Operated by the Company.

Section 90

Maximum charges for tramway services operated by the Company.

Section 91

Alteration of maximum charges for tramway services operated by the Company.

Chapter V.

Charges for Carriage of Merchandise by road, applicable to the Company and Certain other Statutory Carriers.

Section 92

Maximum charges for carriage of merchandise by road.

Section 93

Alteration of maximum road charges of a statutory carrier.

Chapter VI.

Canal Charges.

Section 94

Definitions for purposes of Chapter IV of Part IV.

Section 95

Maximum canal charges.

Section 96

Revised canal classification of merchandise applicable to a canal undertaker.

Section 97

Revised schedule of maximum canal charges of a canal undertaker.

Section 98

Alteration of canal classification of merchandise applicable to a canal undertaker.

Section 99

Alteration of maximum canal charges.

Section 100

Charges for fractions of a penny.

Section 101

Repeal of existing provisions in relation to charges by canal undertakers.

Chapter VII.

Supplemental Provisions.

Section 102

Agreed charges by transport undertakers for the carriage of Merchandise.

Section 103

Publication of railway classification of merchandise, etc. by the Company.

Section 104

Publication of schedule of charges of merchandise by road applicable to statutory carriers other than the company.

Part V.

Abolition of the Railway Tribunal and Transfer of Certain of its Jurisdictions to the High Court.

Section 105

Abolition of railway tribunal.

Section 106

Transfer of certain jurisdictions of the railway tribunal to the High Court.

Section 107

Exercise of jurisdiction of the High Court.

Section 108

Assessors to aid the High Court.

Section 109

Right of Minister for Agriculture to appear before the High Court.

Part VI.

Abandonment of Railway Lines.

Section 110

Abandonment of a railway line.

Part VII.

Amendment of Road Transport Act, 1933.

Section 111

Interpretation of Part VII.

Section 112

Carriage for reward.

Section 113

Amendment of section 8 of the Act of 1933.

Section 114

Grant of merchandise licences to certain carriers.

Section 115

Extension of merchandise (existing carrier's) licence or grant of merchandise licence where existing transport facilities inadequate.

Section 116

Extension of operation of merchandise (existing carriers') licences.

Section 117

Amendment of section 9 of the Act of 1933.

Section 118

Temporary exemption from subsection (2) of section 34 of the Act of 1933.

Section 119

Increase of standard lorry weight of certain holders of merchandise (existing carrier's) licences.

Section 120

Increase of standard tractor weight of certain holders of merchandise (existing carrier's) licences.

Section 121

Giving of register of merchandise licences in evidence.

Section 122

Obligation of licensee under a merchandise licence to supply drivers of vehicles with copy of licence.

Section 123

Production by driver of vehicle, owned by licensee under a merchandise licence, of copy of licence.

Section 124

Prohibition of licensee holding himself out as carrying on merchandise road transport business not authorised by his licence.

PART VIII.

Miscellaneous Provisions.

Section 125

Extension of section 2 of the Railway and Canal Traffic Act, 1854, to the road traffic of certain persons.

Section 126

Enforcement of recommendations of inspector under section 41 of the Railway and Canal Traffic Act, 1888.

Section 127

Release of dissolved railway company from certain liabilities.

Section 128

Transfer of securities representing Royal Canal Guarantee Fund to the Company.

Section 129

Agreements entered into by railway companies other than the Company.

Section 130

Restrictions on compulsory acquisition of land held by transport undertakers.

Section 131

Cancellation of certain stock of the dissolved railway company.

Section 132

Redemption of certain stocks of the dissolved railway company.

Section 133

Provisions in relation to maintenance and operation of Victoria Bridge in the City of Dublin.

Section 134

Agreement between the Company, the Cork Corporation and the Cork Harbour Commissioners with respect to maintenance and operation of bridges in the City of Cork.

Section 135

Deposit with Minister of agreements regulating conditions of service of road transport employees of railway company.

FIRST SCHEDULE.

Enactments Repealed as on and from the Establishment Date.

SECOND SCHEDULE.

Transitory Provisions in Relation to the Dissolved Companies and the Company.

THIRD SCHEDULE.

Stocks of Dissolved Companies to be Exchanged for Stocks of the Company.

FOURTH SCHEDULE.

Provisions in Relation to Stockholders' Directors.

FIFTH SCHEDULE.

Compensation of Certain Officers and Servants of the Company.

SIXTH SCHEDULE.

Enactments not Applying to the Company.

SEVENTH SCHEDULE.

Provisions in Relation to Applications to the Minister for Certain Orders Under this Act.

EIGHTH SCHEDULE.

Miscellaneous Provisions as to Rates Applicable to the Company.

NINTH SCHEDULE.

Enactments Amended in their Application to the Company.

TENTH SCHEDULE.

Maximum Canal Charges.

Acts Referred to Railways Act, 1933 No. 9 of 1933 Railways Act, 1924 No. 29 of 1924 Road Transport Act, 1932 No. 2 of 1932 Road Transport Act, 1933 No. 8 of 1933 Road Traffic Act, 1933 No. 11 of 1933 Harbours (Regulation of Rates) Act, 1934 No. 2 of 1934 Local Government Act, 1925 No. 5 of 1925 Road Transport Act, 1934 No. 17 of 1934 Road Transport Act, 1935 No. 23 of 1935 Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923 Railways (Valuation for Rating) Act, 1931 No. 47 of 1931 Number 21 of 1944.

TRANSPORT ACT, 1944.

AN ACT TO PROVIDE FOR THE INCORPORATION OF A TRANSPORT COMPANY TO BE CALLED CORAS IOMPAIR EIREANN AND FOR THE TRANSFER TO THAT COMPANY OF THE UNDERTAKINGS OF THE GREAT SOUTHERN RAILWAYS COMPANY AND THE DUBLIN UNITED TRANSPORT COMPANY, LIMITED, TO AMEND THE LAW RELATING TO RAILWAYS AND OTHER TRANSPORT UNDERTAKINGS AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [8th December, 1944.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Transport Act, 1944.

Interpretation generally.

2.—(1) In this Act— the expression “the Advisory Committee” means the Transport Advisory Committee established by this Act; the expression “the Company” means Córas Iompair Éireann; the expression “dissolved company” means any company being either— (a) the Great Southern Railways Company, or (b) the Dublin United Transport Company, Limited; the expression “the dissolved railway company” means the Great Southern Railways Company; the expression “the dissolved transport company” means the Dublin United Transport Company, Limited; the expression “the Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin; the expression “the establishment date” means the 1st day of January, 1945; the expression “local authority” means any authority being— (a) the council of a county, or (b) the corporation of a county or other borough, or (c) the council of an urban district. the word “merchandise” includes goods, minerals, live stock, and animals of all descriptions; the expression “the Minister” means the Minister for Industry and Commerce; the word “prescribed” means prescribed by regulations made by the Minister.

Prosecution of offences.

3.—An offence under any section of this Act may be prosecuted by the Minister.

Regulations.

4.—The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed.

Repeals.

5.—The enactments set out in the First Schedule to this Act are hereby repealed as on and from the establishment date to the extent specified in the third column of that Schedule.

Expenses of the Minister and the Minister for Agriculture.

6.—(1) 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.

PART II

Córas Iompair Éireann.

Chapter I.

Preliminary and General.

Definitions for purposes of Part II.

7.—In this Part— the expression “common stock” means common stock of the Company; the expression “common stockholder” means a person who is the holder of common stock; the expression “debenture stock” means redeemable debenture stock of the Company; the expression “substituted common stock” means common stock deemed by virtue of section 14 of this Act to have been duly created and issued; the expression “substituted debenture stock” means debenture stock deemed by virtue of section 14 of this Act to have been duly created and issued; the expression “substituted stock” means stock which is— (a) substituted debenture stock, or (b) substituted common stock.

Incorporation of certain Acts.

8.—(1) The following enactments, so far as applicable and as varied by this Part, are incorporated with, and form part of, this Part, that is to say:— (a) the Companies Clauses Consolidation Act, 1845 , except sections 39, 85, 91, 93, 94, 109, 161 and 162, (b) Part II and Part III (except sections 22, 25 and 26) of the Companies Clauses Act, 1863 , and for the purposes of such incorporation this Part shall be deemed to be a special Act.

Chapter II.

Incorporation of Córas Iompair Éireann, dissolution of the Great Southern Railways Company and the Dublin United Transport Company, Limited, and transfer of undertakings of dissolved companies to the Company.

Incorporation of the Company.

9.—(1) The several persons who on the establishment date become, by virtue of this Part,' the registered holders of substituted common stock and their executors, administrators and assigns shall be and are hereby united into a company and shall be and are hereby incorporated by the name of Córas Iompair Éireann and by that name shall be a body corporate with perpetual succession and a common seal with power to purchase, take, hold and dispose of lands and other property for the purposes of the Company.

Purposes of the Company.

10.—(1) The purposes of the Company shall be— (a) to operate transport services, (b) to carry on any ancillary or supplementary business, including the manufacture, repair and maintenance, for itself or any other person, of transport vehicles (including engines) and parts and equipment thereof.

Dissolution of dissolved companies.

11.—(1) On the establishment date the dissolved railway company and the dissolved transport company respectively shall, subject to the provisions set out in the Second Schedule to this Act, be, by virtue of this section, dissolved.

Transfer to the Company of undertakings of the dissolved companies.

12.—On the establishment date the several undertakings of each dissolved company shall, by virtue of this section, be transferred to, and vest in, and become the undertakings of the Company.

Chapter III.

Financial Provisions.

Capital of the Company.

13.—The capital of the Company, which shall be created and issued in accordance with this Part, shall not exceed twenty million pounds of which— (a) not more than sixteen million pounds shall consist of debenture stock, and (b) not more than four million pounds shall consist of common stock.

Substitution of stock of Company for stock of dissolved companies.

14.—(1) On the establishment date, but subject to subsection (2) of this section,— (a) every person, who immediately before the establishment date, is the registered holder of any stock of the dissolved railway company described in column (2) of Part I of the Third Schedule to this· Act at any reference number (other than reference number 2) shall, for every hundred pounds of that stock held by him, become and be, by virtue of this subsection, the registered holder of the amount, set out in column (4) of the said Part I at the said reference number, of the stock of the Company described in column (3) of the said Part I at the said reference number, and so in proportion for amounts of such stock of the dissolved railway company greater or less than one hundred pounds, in lieu and in exchange for such last-mentioned stock held by him; (b) every person, who immediately before the establishment date, is the registered holder of any stock of the dissolved railway company described in column (2) of the said Part I at reference number 2, shall, for every hundred pounds of that stock held by him, become and be, by virtue of this subsection, the registered holder of the amount set out in column (4) of the said Part I at the said reference number, of each stock of the Company described in column (3) of the said Part I at the said reference number, and so in proportion for amounts of such stock of the dissolved railway company greater or less than one hundred pounds, in lieu and in exchange for such last-mentioned stock held by him; (c) every person, who immediately before the establishment date, is the registered holder of any stock of the dissolved transport company described in column (2) of

Part II

of the Third Schedule to this Act at any reference number, shall, for every hundred pounds of that stock held by him, become and be, by virtue of this subsection, the registered holder of the amount, set out in column (4) of the said Part II at the said reference number, of the stock of the Company described in column (3) of the said Part II at the said reference number and so in proportion for amounts of such stock of the dissolved transport company greater or less than one hundred pounds, in lieu and in exchange for such last-mentioned stock held by him.

Supplemental provisions in relation to substituted stock.

15.—(1) Any holder of stock of a dissolved company who delivers to the Secretary of the Company the certificate or certificates of such stock to be cancelled shall be entitled without payment to receive from the Company in substitution for the certificate or certificates so delivered a certificate of the substituted stock which is allocated to such holder by section 14 of this Act in substitution for the stock of which the certificate or certificates are so delivered, but until such substitution the certificates of stock of the dissolved companies shall, subject to subsection (2) of the said section 14 , be deemed to be certificates of stock of the Company which is allocated by the said section 14 to holders of stock of the dissolved companies.

Creation and issue of subsequent debenture stock.

16.—(1) For the purposes of providing money or paying off or redeeming any debenture stock, or for the purposes of the acquisition, by means of the exchange of debenture stock, of any transport undertaking which the Company is authorised to acquire, the directors of the Company, with the previous sanction of the Minister given after consultation with the Minister for Finance, may from time to time create and issue debenture stock, so however that the total amount of the debenture stock (including substituted debenture stock) created and issued does not exceed sixteen million pounds.

Provisions in relation to debenture stock.

17.— (1) Substituted debenture stock shall bear interest at the rate of 3 per cent. per annum and the said interest shall be payable half-yearly on the 15th day of July and the 15th day of January in each year in respect of the half-year ending on the immediately preceding 30th day of June and 31st day of December respectively.

State guarantee of debenture stock.

18.—(1) The Minister for Finance shall, in respect of substituted debenture stock or in respect of any other debenture stock proposed to be created and issued, guarantee in such manner and in such form as he thinks proper, the due payment, in accordance with the terms of such debenture stock, of the principal moneys and, subject to subsection (2) of this section, interest secured by such debenture stock.

Creation and issue of subsequent common stock.

19.—The Company may from time to time create and issue common stock, so however that the total amount of common stock (including substituted common stock) created and issued does not exceed four million pounds.

Dividends on the common stock.

20.— The dividend on the common stock in respect of any year shall be payable only out of the profits of the Company applicable to the payment of dividends in that year and shall not exceed six per cent.

Unclaimed interest and dividends.

21.—All interest on debenture stock or dividends on common stock unclaimed for one year after having become due or declared may be invested or otherwise made use of by the directors of the Company for the benefit of the Company until claimed.

Redemption Fund.

22.—(1) After providing for the payment of interest on debenture stock and for other fixed charges and obligations, the Company shall from time to time set aside such sums as it considers proper for the purpose of forming a fund for the redemption of any of its debenture stock which under the conditions of issue is redeemable wholly or partly in cash.

Power of the Company to borrow temporarily.

23.—In addition to its powers of borrowing temporarily by means of the issue of debenture stock the Company may borrow temporarily by arrangement with bankers such sums as it may require for meeting its obligations and carrying out its duties, but the total amount borrowed under this section shall not at any time exceed five hundred thousand pounds.

Cesser of unexercised capital powers of dissolved companies.

24.—On and after the establishment date all unexercised powers of raising money conferred on the dissolved companies shall cease to be exercisable.

Receipt in case of person not sui juris.

25.—If any money is payable by the Company to a holder, who is a minor or a person of unsound mind, of stock of the Company, the receipt of the guardian or committee of his estate shall be a sufficient discharge to the Company.

Accounts, statistics and returns.

26.—(1) The accounts with respect to its railway undertaking to be rendered by the Company under the Railway Companies (Accounts and Returns) Act, 1911 , shall be compiled in such manner as may be prescribed by the Minister after consultation with the Company.

Section 69

of the Railways Act, 1924 (No. 29 of 1924), and in force immediately before the establishment date shall continue in force and shall have effect as if made under this section.

Audited accounts of the Company to be laid before Houses of the Oireachtas.

27.—The Minister shall cause a copy of the audited accounts of the Company for each year and a copy of any report by the auditors thereon to be laid before each House of the Oireachtas.

Furnishing of yearly accounts of the Company to Stockholders.

28.—(1) The Company shall, not later than twenty-one days before the ordinary meeting of the Company to be held in any year (other than the year 1945), forward to every holder of stock of the Company a copy of the accounts (prepared in such form as the Minister may direct for the purposes of this section) of the Company for the immediately preceding year.

Auditors.

29.—(1) For the period commencing on the establishment date and ending on the date of the first ordinary meeting of the Company the auditors shall be nominated by the directors of the Company.

Chapter IV.

Meetings of the Company.

Date of ordinary meetings.

30.—The ordinary meeting of the Company shall be held not later than the 31st day of March of each year, and the first ordinary meeting of the Company shall be held in 1945.

Quorum of meeting of the Company.

31.—The quorum for a meeting of the Company shall be— (a) fifty common stockholders present in person or by proxy, or (b) twenty common stockholders present in person or by proxy and representing in the aggregate common stock of a nominal value of not less than one hundred thousand pounds.

Votes of common stockholders.

32.—At all general meetings of the Company every registered common stockholder shall be entitled to one vote for every pound of common stock held by him.

Powers as to directors, auditors, etc.

33.—Except as otherwise provided by this Act, the choice and removal of the directors and of the auditors, the determination as to the remuneration of the directors and of the auditors and the declaration of dividends (other than interim dividends) shall be exercised only at a general meeting of the Company.

Voting by joint common stockholders.

34.—(1) Where several persons are jointly entitled to and registered as holders of common stock, any one of those persons may vote at any meeting of the Company either personally or by proxy, in respect of the common stock, as if he were solely entitled thereto, but if more than one joint holder be present at any meeting personally or by proxy, that one of the said persons so present whose name stands first on the register in respect of the stock shall alone be entitled to vote in respect thereof.

Appointment of proxies under power of attorney.

35.—(1) The attorney of any common stockholder duly authorised in writing may appoint a proxy (being, in case that common stockholder is a body corporate, a member of that body corporate or a common stockholder or, in any other case, a common stock holder) to vote for and on behalf of that common stockholder and for that purpose may execute on behalf of that common stockholder the necessary form of proxy.

Closing of transfer books.

36.—(1) The directors of the Company may close the register of the transfers of common stock for a period not exceeding twenty-one days previous to each ordinary meeting and each meeting of the directors of the Company at which it is proposed to consider the declaration of an interim dividend.

Chapter V.

The Board of Directors.

The board of directors of the Company.

37.—(1) The Company shall be directed by a board of directors (in this Chapter and in the Fourth Schedule to this Act referred to as the Board) which shall consist of— (a) a chairman (in this Act referred to as the Chairman), (b) such number of other directors (in this Chapter and in the Fourth Schedule to this Act referred to as stockholders' directors) as is provided by the said Fourth Schedule.

Remuneration of the directors.

38.—The Board shall be paid out of the funds of the Company as remuneration for their services such sums as the Company at a general meeting may from time to time determine, and such remuneration shall be divided amongst the directors in such proportions and in such manner as the Board may determine.

Provisions in relation to the Chairman.

39.—(1) The Minister shall, before the establishment date and thereafter as circumstances require, appoint a person to be Chairman and the term of office of the first Chairman shall commence on the establishment date.

Managing director.

40.—(1) The Board may from time to time appoint one of the Board to be managing director of the Company, either for a fixed term or without any limitation as to the period for which he is to hold such office and may from time to time (subject to the provisions of any contract between him and the Company) remove or dismiss him from office and appoint another in his place.

Provisions in relation to stockholders' directors.

41.—The provisions set out in the Fourth Schedule to this Act shall apply in respect of the stockholders' directors.

Compensation to certain stockholders' directors.

42.—(1) The Company shall pay to any person who is, immediately before the ordinary meeting of the Company to be held in 1945, a stockholders' director and who resigns his office not later than seven days after that meeting a sum equal to— (a) in case he was a director of one dissolved company only, the fees received by him as director of that dissolved company during the appointed period. (b) in case he was a director of both the dissolved companies, the fees received by him as director of each of the dissolved companies during the appointed period.

Chapter VI.

Officers and Servants.

Compensation of certain officers and servants of the dissolved companies.

43.—(1) (a) Where— (i) a person was, on the 1st day of July, 1944, an officer or servant of either dissolved company, and (ii) that person has not, before the establishment date, become a pensioner or annuitant by reason of his service in that company, or voluntarily retired or been removed from the service of that company by reason of misconduct or incapacity, and (iii) that person's office or situation is abolished after the said 1st day of July, 1944, and whether before, on or after the establishment date, and (iv) the said office or situation is abolished directly and solely in anticipation of or as the result of the amalgamation effected by this Part, that person shall be paid by the Company compensation calculated in the manner set out in the Fifth Schedule to this Act; (b) if any dispute or difference shall arise between the Company and any person entitled or claiming to be entitled to compensation under paragraph (a) of this subsection as to whether that person's office or situation was or was not abolished directly and solely in anticipation of or as the result of the amalgamation effected by this Part, it shall be presumed, unless the contrary is proved by the Company, that the office or situation was so abolished; (c) where a person is dismissed from the service of the dissolved railway company or of the Company in such circumstances that he is entitled to compensation under subsection (4) of section 9 of the Railways Act, 1933 (No. 9 of 1933), then, notwithstanding anything in paragraph (a) of this subsection, he shall not be entitled to compensation by virtue of that paragraph.

Superannuation scheme.

44.—(1) The Company may prepare and submit to the Minister and shall, if so required by the Minister, submit to the Minister within such time as he may direct, a scheme (in this section referred to as a superannuation scheme) for establishing on a contributory basis a superannuation fund for the benefit of the employees or any particular class of the employees of the Company.

Existing superannuation funds.

45.—(1) In this section the expression “existing superannuation fund” means, in relation to a dissolved company, any superannuation, pension, provident, widows' and orphans' or other benefit fund or scheme established by that dissolved company or, if that dissolved company is the dissolved railway company, by an absorbed company or an amalgamated company within the meaning of the Railways Act, 1924 (No. 29 of 1924), and in existence immediately before the establishment date, and includes the Railway Clearing System Superannuation Fund.

Establishment of associations, etc., calculated to promote the welfare of employees.

46.—(1) The Company may establish and support, or aid in the establishment and support of, associations, clubs, institutions, funds, trusts and conveniences calculated to promote the welfare of employees or ex-employees of the Company or the dependants or connections of all or any such employees or ex-employees.

Appointment to clerical grades.

47.—(1) Save as is hereinafter provided in this section, all appointments to any office or situation in the clerical grades of the service of the Company shall be made by means of open competitive examination in accordance with regulations made by the Company.

Chapter VII.

Miscellaneous Provisions Applicable to the Company.

Provision of additional transport facilities by the Company.

48.—(1) The Minister may, whenever and as often as he thinks fit, by order, made on his own initiative or on the application of any persons representative of trade or a locality, require the Company to establish and maintain such services for the conveyance of traffic by rail, road or water as he thinks fit and to make such increase, variation or alteration of existing services as he thinks fit and may attach conditions as to frequency and routes of services, facilities to be provided and other matters.

Agreements with respect to allocation or routing of traffic, pooling of receipts, etc.

49.—(1) In this section, the expression “agreement to which this section relates” means an agreement or arrangement being— (a) an agreement or arrangement for the allocation or routing of traffic or for the pooling of receipts from such traffic or for differential rates on traffic passing by sea to or from the State, or (b) an agreement or arrangement varying or rescinding any such agreement or arrangement as is mentioned in paragraph (a) of this subsection.

Revision of existing agreements between the Minister for Posts and Telegraphs and the dissolved companies and determination of disputes between the said Minister and the Company.

50.—On or after the establishment date the Minister for Posts and Telegraphs or the Company may apply to the High Court— (a) for the revision of any agreement, between the said Minister and a dissolved company, whether statutory or otherwise, which immediately before the establishment date is in existence, or (b) where no such agreement is then in existence, for the determination of any difference or dispute which may exist or arise between the said Minister and the Company as regards the remuneration to be paid for services rendered by the Company to the said Minister, but such services shall (notwithstanding any statutory or other provision to the contrary) continue to be rendered by the Company pending the decision of the High Court.

Protection of Minister for Posts and Telegraphs.

51.—Notwithstanding anything in this Act, on and after the establishment date all enactments, awards, deeds, agreements and arrangements containing provisions as between the Minister for Posts and Telegraphs and the dissolved railway company relating to the construction and maintenance of telegraphs shall continue to apply only to the system of railways, works and lands which immediately before the establishment date formed the undertaking of the dissolved railway company and to the said Minister and the Company in respect thereof.

Cesser of wayleaves payable to the Dublin and Dun Laoghaire Corporations.

52.—(1) In this section, the expression “road authority” means any authority being— (a) the Dublin Corporation, or (b) the Corporation of Dun Laoghaire.

Arrangements between the Company and the Great Northern Railway Company (Ireland) as respects the Dublin Junction Railways, etc.

53.—(1) As on and from the 1st day of January, 1945— (a) the Agreement of 1887 and the Agreement of 1910 shall cease to have effect; (b) the liability of the Northern Railway Company, under the Agreement of 1887 and the Agreement of 1910, to contribute a sum not exceeding two thousand pounds per annum towards payment of a dividend at the rate of four per cent. per annum on the four per cent. City of Dublin Junction Railways' Guaranteed Stock of the dissolved railway company and all liability, contingent or otherwise, of the Company to the Northern Railway Company or of the Northern Railway Company to the Company in respect of the said contribution shall cease; (c) the Company shall continue to operate the normal system of trains run before the said date for the purposes of, and in connection with, the mails services of the Minister for Posts and Telegraphs, over the Dublin Junction Railways and the Company's railway between Westland Row in the City of Dublin and Dun Laoghaire Mail Pier, until the Company and the Northern Railway Company, with the consent of the said Minister agree otherwise; (d) if, for convenience of working, the Northern Railway Company send any carriage or rolling stock over the Dublin Junction Railways and the Company's railway between Westland Row aforesaid and Dun Laoghaire Mail Pier, no payment shall be made by the Company to the Northern Railway Company in respect of any such carriage or rolling stock, nor shall any toll for haulage be charged by the Company against the Northern Railway Company in respect of any such carriage or rolling stock.

Transfer of certain licences to the Company.

54.—(1) On the establishment date, every licence to which this section applies and which was immediately before the establishment date held by a dissolved company shall, by virtue of this Act, be transferred to the Company and shall, on and after the establishment date, have effect as if the name of the Company were substituted therein for that of such dissolved company.

Names and addresses of stockholders.

55.—(1) Notwithstanding anything contained in section 10 of the Companies Clauses Consolidation Act, 1845 , it shall be lawful for the Company to substitute for the Shareholders' Address Book provided for under that section a card or other index (of a type to be approved by the auditors of the Company) containing the names and addresses of the several stockholders of the Company and that section in its application to the Company shall be read and have effect accordingly, and when such card or other index has been so substituted section 34 of the Regulation of Railways Act, 1868 , shall cease to apply to the Company.

Application or certain enactments to the Company.

56.—(1)

Section 60

of the Railways Act, 1924 (No. 29 of 1924), shall, on and after the establishment date, have effect as if for the reference therein to the amalgamated company there were substituted a reference to the Company.

Enactments not applicable to the Company.

57.—The enactments specified in the Sixth Schedule to this Act shall, to the extent mentioned in the third column of that Schedule, not apply to the Company.

Exemption from stamp duties.

58.—(1)

Section 12

of the Finance Act, 1895 , shall not operate so as to require the Company to deliver to the Revenue Commissioners a copy of this Act or to pay any stamp duty under that section on any copy of this Act.

Power of the Company to subscribe to charities, etc.

59.—The Company may subscribe or guarantee money for charitable table or benevolent objects and for any exhibition or for any public, general or useful object.

Language of public notices and tickets.

60.—(1) All permanent public notices and signs (including the names of stations) maintained by the Company shall be in the Irish language but may be in both the Irish and English languages.

Service of documents on the Company.

61.—Any document required by or authorised by law to be served on the Company may be so served by— (a) handing it to the secretary of the Company at the principal office in the State of the Company, or (b) leaving it at the principal office aforesaid in an envelope addressed to the secretary of the Company, or (c) sending it by post in a prepaid registered letter addressed to the secretary of the Company at the principal office aforesaid.

Penalty for trespass on the Company's railways.

62.—(1) If any person trespasses upon any of the railways of, or worked by, the Company, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

PART III.

The Transport Advisory Committee.

Establishment of the Transport Advisory Committee.

63.—(1) On the establishment date there shall, by virtue of this subsection, be established a committee, which shall be styled the Transport Advisory Committee, to fulfil the functions assigned to it by this Act.

Duties of the Advisory Committee.

64.—It shall be the duty of the Advisory Committee to consider, report to and advise the Minister on, any matter which is referred to them by the Minister under this Act.

Powers of the Advisory Committee.

65.—(1) Where any matter is referred to the Advisory Committee by the Minister under this Act, the Advisory Committee may, before considering, reporting to and advising the Minister on, that matter hold such inquiry as they may think fit.

Regulation of proceedings before the Advisory Committee.

66.—The Advisory Committee, with the concurrence of the Minister, may make regulations in relation to all or any of the following matters, that is to say:— (a) the quorum at any sitting of the Advisory Committee; (b) the times and places of the meetings of the Advisory Committee; (c) the persons to whom and the times and manner in which notice of the sittings of the Advisory Committee shall be given; (d) the admission or exclusion of the public to or from sittings of the Advisory Committee; (e) such other matters in relation to the practice and procedure of the Advisory Committee as the Advisory Committee may consider necessary or expedient for the proper conduct of their business.

Staff of the Advisory Committee.

67.—(1) The Minister shall appoint an officer of the Department of Industry and Commerce to be secretary of the Advisory Committee and may, subject to the consent of the Minister for Finance as to the number, appoint such other officers of the Advisory Committee as the Minister may consider necessary to assist the Advisory Committee in the performance of their functions.

PART IV.

Transport Charges.

Chapter I.

Preliminary and General.

Definitions for purposes of Part IV.

68.—(1) In this Part and in the Eighth Schedule to this Act— the word “alterations” in relation to charges includes alterations, whether by way of decrease or of increase, and the word “alter” and other cognate words shall be construed accordingly; the word “charges” includes rates, fares, tolls, dues, and other charges; the expression “company's risk conditions” means the terms and conditions on and subject to which merchandise other than live stock, and live stock, will respectively be carried if carried at ordinary rates; the word “conditions” includes regulations; the word “fares” means fares and other charges in connection with the conveyance of passengers and their luggage; the expression “harbour authority” means a harbour authority within the meaning of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934); the expression “interested person” includes the Minister for Agriculture, the Commissioners of Public Works in Ireland, a harbour authority or the council of any county, county or other borough or urban district; the expression “owner's risk conditions” means the terms and conditions on which merchandise other than live stock and, subject to the provisions of this Part, live stock will respectively be carried if carried at owner's risk rates; the word “rates” means rates and other charges in connection with the carriage of merchandise; the expression “the revised railway classification of merchandise applicable to the Company” means the classification of merchandise determined by the Minister under section 71 of this Act; the expression “the revised schedules of maximum railway charges of the Company” means the schedule of charges settled by the Minister under section 72 of this Act.

Part III

of the Road Transport Act, 1932 (No. 2 of 1932), applies and which is entitled, by virtue of section 28 of the said Act, to engage in or carry on the business of carrying merchandise by road, (c) any person carrying on a regular steamer service to or from any port in the State.

Expenses of harbour authorities and local authorities.

69.—Any expenses incurred by a harbour authority or the council of any county, county or other borough or urban district in or incidental to, or in opposition to any application under this Part shall be defrayed out of the rate or fund out of which the expenses of that harbour authority or council in the execution of their ordinary duties are defrayed.

Chapter II.

Railway Charges and Conditions of Carriage by Rail Applicable to the Company.

Continuance of railway classification of merchandise applicable to the dissolved railway company and of maximum railway charges of the dissolved railway company.

70.—(1) Subject to this Chapter— (a) the classification of merchandise as determined by the railway tribunal under

Part III

of the Railways Act, 1924 (No. 29 of 1924), shall apply to the Company as it applied to the dissolved railway company; (b) the charges laid down in the Great Southern Railways Company's Schedule of Standard Charges ( S. R. & 0., No. 5 of 1930 ), as modified by Statutory Rule and Order No. 56 of 1930 and Statutory Rule and Order No. 319 of 1937, subject, in the case of damageable merchandise carried under owner's risk conditions, to the reductions to be made from standard charges as determined by Statutory Rule and Order No. 14 of 1930, as modified by Statutory Rule and Order No. 1 of 1932, shall apply to the Company as they applied to the dissolved railway company; (c) the charges referred to in paragraph (b) of this section shall be the maximum charges which the Company shall be entitled to make for all services in respect of which the said charges are fixed.

Revised railway classification of merchandise applicable to the Company.

71.—(1) The Company may and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister a proposal for the revised classification of merchandise for the purposes of the application to such merchandise of rates of charges to be made by the Company in respect of its railway undertaking, and thereupon the following provisions shall have effect— (a) the Company shall publish the said proposal in such manner as the Minister may direct; (b) the Minister, if he thinks fit, may refer the said proposal to the Advisory Committee for their report and advice thereon; (c) the Minister, after consideration of the said proposal, any representations made by interested persons and, in case the said proposal has been referred to the Advisory Committee, their report and advice, shall determine the classification of merchandise applicable to the Company for the said purpose.

Revised schedules of maximum railway charges of the Company.

72.—(1) At any time after the revised railway classification of merchandise applicable to the Company has been settled by the Minister, the Company may, and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister revised schedules, drawn up in such manner as the Minister may direct, of the maximum charges proposed to be made according to the said classification and shall show in those schedules the rates for the conveyance by rail of merchandise, the amount of terminal charges and the fares for the conveyance by rail of passengers and their luggage, and thereupon the following provisions shall have effect— (a) the Company shall publish the said schedules in such manner as the Minister may direct; (b) the Minister, if he thinks fit, may refer the said schedules to the Advisory Committee for their report and advice thereon; (c) the Minister, after consideration of the said schedules, any representations made by interested persons and, in case the said schedules have been referred to the Advisory Committee, their report and advice, shall settle the said schedules and fix the date on which they are to come into force.

Alteration of railway classification of merchandise applicable to the Company.

73.—(1) Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering the railway classification of merchandise for the time being applicable to the Company, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said classification as he thinks fit.

Alteration of maximum railway charges of the Company.

74.—Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering the maximum railway charges for the time being of the Company or any of them or any conditions relative thereto, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations as he thinks fit of the said charges and the conditions relative thereto and fix the date on which the altered charges or conditions shall come into operation.

Protection of ports.

75.—(1) All the terms, conditions and provisions of any enactment or any agreement confirmed by or scheduled to an enactment which, immediately before the establishment date, are in force and binding on the dissolved railway company, by which the forwarding of traffic is affected, or for any other purpose, shall continue in full force and effect, but no such enactment or agreement shall be construed as affecting or extending to any part of the railway of the Company or traffic thereupon which was not immediately before the establishment date subject to or affected by such enactment or agreement.

Standard terms and conditions of carriage by rail for the Company.

76.—The terms and conditions of carriage of merchandise by rail as settled by the railway tribunal under the Railways Act, 1924 (No. 29 of 1924) (which said terms and conditions are contained in Statutory Rule and Order No. 13 of 1930) shall, subject to any alteration or addition made by the Minister under this Part, be the standard terms and conditions of carriage by rail for the Company and shall be deemed to be reasonable.

Alteration of standard terms and conditions of carriage by rail for the Company.

77.—Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering or adding to the standard terms and conditions of carriage by rail for the Company, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of or additions to such standard terms and conditions as he considers just and reasonable and fix the date as from which the alterations or additions are to come into operation and such standard terms and conditions as so altered or added to shall be deemed to be reasonable.

Conditions on which merchandise is to be carried by rail by the Company.

78.—(1) Subject to this section, the terms and conditions upon and subject to which merchandise shall, apart from special contract, be carried by rail by the Company shall be company's risk conditions and those conditions shall apply without any special contract in writing to the carriage of merchandise at ordinary rates.

Owner's risk rates for livestock.

79.—The Company shall be under no obligation to carry live stock at owner's risk rates in cases in which live stock is not immediately before the establishment date carried by the dissolved railway company at reduced rates under owner's risk conditions.

Minimum charges.

80.—(1) The Company shall be entitled to charge for the conveyance of merchandise as for a minimum distance of such number of miles as the Minister may by order determine or for such minimum sum as the Minister may by order determine, but such minimum distances shall not vary according to whether charges for station terminals are or are not made.

Special mileage charges.

81.—Where any statutory provision, with respect to charges for or in connection with the carriage of merchandise or passengers by the dissolved railway company, which is in force immediately before the establishment date authorises, for the purposes of calculation of distance, a special mileage to be allotted in respect of any portion of the railway of the dissolved railway company, that statutory provision shall continue in force and the references therein to the dissolved railway company shall on and after the establishment date be construed as references to the Company, Dangerous goods.

82.—(1) Nothing in this Act shall impose any obligation on the Company to accept dangerous goods for conveyance by rail or shall prejudice or derogate from the powers of any Minister of State under the Explosives Act, 1875 , or affect the validity or operation of any order, rule or bye-law made under the powers contained in that Act.

Miscellaneous provisions as to rates.

83.—The provisions contained in the Eighth Schedule to this Act shall apply to the Company.

Determination of disputes and differences between the Company and traders arising under the Eighth Schedule to this Act.

84.—(1) Where a dispute or difference arises between the Company and a trader and the dispute or difference is one which, under the Eighth Schedule to this Act, is to be or may be referred to or is to be determined by the Minister, the Company or the trader may apply to the Minister to determine the matter and thereupon the following provisions shall have effect— (a) the applicant shall give to the other party such notice of the application as may be prescribed; (b) the Minister, after consideration of the application, and any representations made by the Company and the trader, shall determine the dispute or difference and such determination shall be final.

Additional functions of the Minister.

85.—(1) The Company or any interested person may at any time apply to the Minister to determine any of the following matters, that is to say:— (a) any matter which the Minister has power to determine under section 80 (which relates to minimum charges) of this Act; (b) any question arising under section 82 (which relates to dangerous goods) of this Act as to whether goods are dangerous goods; (c) any question as to the class into which any article is classified in the railway classification of merchandise applicable to the Company; (d) the amount to be allowed for any terminal services not performed at a station or for accommodation and services in connection with a private siding not performed or provided at that siding; (e) the reasonableness or otherwise of any charge made by the Company for any services or accommodation for which no authorised charge is applicable; (f) the reasonableness or otherwise of any conditions made by the Company as to the packing of articles specially liable to damage in transit or liable to cause damage to other merchandise; (g) the articles and things that may be conveyed by rail as passengers' luggage; (h) any question which, under paragraph 9 of the Eighth Schedule to this Act, is to be determined by the Minister.

Provisions in relation to certain questions, disputes or differences referred to the Minister.

86.—(1) The Minister may for the purposes of deciding any question, dispute or difference to which this section applies appoint a person to hear, but not to decide, such question, dispute or difference.

Amendment of certain Acts in their application to the Company.

87.—(1) The Acts mentioned in the Ninth Schedule to this Act shall, in their application to the Company, so far as relates to its railway undertaking, have effect subject to the amendments specified in the third column of that Schedule.

Chapter III.

Rail Charges of Railway Companies other than the Company.

Maximum railway charges of companies other than the Company.

88.—The maximum rates, fares, tolls, and dues chargeable by railway companies (other than the Company) for traffic by rail immediately before the establishment date shall, in so far as they relate to those portions of their railway undertaking situate in the State, remain in force as maximum charges unless and until altered in accordance with section 89 of this Act.

Alteration of maximum railway charges of companies other than the Company.

89.—Where an application, in the prescribed form and containing the prescribed particulars, is made by a railway company (other than the Company) or any interested person to the Minister for an order altering the maximum charges applicable to such company for traffic by rail or any of them or any of the conditions relative thereto, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said maximum charges or the conditions relative thereto as he thinks fit and fix the date on which the altered charges or conditions shall come into operation.

Chapter IV.

Charges for Tramway Services Operated by the Company.

Maximum charges for tramway services operated by the Company.

90.—For the purposes of this Part the maximum charges for the carriage of passengers, passengers' luggage or merchandise by any tramway service operated by the Company shall, subject to any alteration made by the Minister under this Part, be the maximum charges applicable immediately before the establishment date for the carriage of passengers, passengers' luggage or merchandise by the like tramway service as operated by the dissolved transport company.

Alteration of maximum charges for tramway services operated by the Company.

91.—Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering the maximum charges for the carriage of passengers, passengers' luggage or merchandise by a tramway service operated by the Company, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said charges as he thinks fit and fix the date on which the amended charges shall come into operation.

Chapter V.

Charges for Carriage of Merchandise by road, applicable to the Company and Certain other Statutory Carriers.

Maximum charges for carriage of merchandise by road.

92.—(1) Any statutory carrier may, and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister a schedule, drawn up in such manner as the Minister may direct, of the maximum charges proposed to be made by that carrier for the carriage of merchandise by road in mechanically propelled vehicles or in vehicles drawn by mechanically propelled vehicles.

Alteration of maximum road charges of a statutory carrier.

93.—Where a schedule of maximum road charges of a statutory carrier is in force, and an application in the prescribed form and containing the prescribed particulars, is made by that carrier or any interested person to the Minister for an order altering such charges or any of them or any conditions relative thereto, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said charges or the conditions relative thereto as he thinks fit and shall fix the date on which the altered charges or conditions shall come into operation.

Chapter VI.

Canal Charges.

Definitions for purposes of Chapter IV of Part IV.

94.—In this Chapter— the word “canal” means— (a) in relation to the Grand Canal Company, the Grand Canal, (b) in relation to the Company, the Royal Canal, (c) in relation to the Commissioners, the River Shannon Navigation excluding so much of the River Shannon as lies between Baal's (or Ball's) Bridge on the Abbey River in the City of Limerick and the sea; the expression “canal undertaker”means any body being— (a) the Grand Canal Company, (b) the Company, or (c) the Commissioners of Public Works in Ireland acting for the Minister; the expression “the Commissioners” means the Commissioners of Public Works in Ireland; the expression “the revised canal classification of merchandise” means, in relation to a canal undertaker, the classification of merchandise applicable to that undertaker, as determined by the Minister under section 96 of this Chapter; the expression “revised schedule of maximum canal charges” means, in relation to a canal undertaker, the schedule of charges of that undertaker as settled by the Minister under section 97 of this Chapter.

Maximum canal charges.

95.—(1) On and after the establishment date the maximum charges which any canal undertaker shall be entitled to charge in respect of the canal of that undertaker shall, subject to any alteration made by the Minister under this Chapter, be— (a) in the case of the Grand Canal Company, the charges set out in

Part I

of the Tenth Schedule to this Act, (b) in the case of the Company, the charges set out in

Part II

of the said Tenth Schedule , (c) in the case of the Commissioners, the charges set out in

Part III

of the said Tenth Schedule .

Revised canal classification of merchandise applicable to a canal undertaker.

96.—(1) A canal undertaker may and, if required by the Minister shall, within such time as the Minister may appoint, submit to the Minister a proposal for the revised classification of merchandise for the purposes of the application to such merchandise of rates of charges to be made by that canal undertaker in respect of the carriage of merchandise by the canal of that canal undertaker, and thereupon the following provisions shall have effect—