Railways Act, 1924

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RAILWAYS ACT, 1924.

ARRANGEMENT OF SECTIONS PRELIMINARY Definitions Section

Section 1

Definitions.

PART I

Re-organisation of Railway System

Section 2

Amalgamation of railways.

Section 3

Preparation and settlement of the amalgamation scheme.

Section 4

Provisions to be contained in the amalgamation scheme.

Section 5

Preparation and approval of absorption schemes.

Section 6

Provisions to be contained in absorption schemes.

Section 7

Saving as to transfer of liability in certain cases.

Section 8

Provisions as to determination of terms and conditions of amalgamation or transfer.

Section 9

Supplementary provisions as to schemes.

Section 10

Preliminary scheme.

Section 11

Power of trustees to invest in securities of amalgamated company.

Section 12

Employees of Irish Railway Clearing House.

PART II

Establishment of Railway Tribunal

Section 13

Constitution of the railway tribunal.

Section 14

Qualification of members of railway tribunal.

Section 15

Appointment of officers and payment of expenses of railway tribunal.

Section 16

Members of railway tribunal not to hold shares in any transport undertaking.

Section 17

Additional and temporary members of tribunal.

Section 18

General powers of the railway tribunal.

Section 19

Procedure and fees.

Section 20

Sittings.

Section 21

Decisions to be by a majority of the members present.

Section 22

Appeals.

Section 23

Transfer of functions of Railway and Canal Commission.

PART III

Railway Charges

Section 24

Existing charges.

Section 25

Preliminary revision.

Classification of Merchandise

Section 26

Classification.

Standard Charges

Section 27

Submission of schedules.

Section 28

Settlement of schedules.

Section 29

Obligation to charge standard charges.

Section 30

Protection of ports.

Section 31

Charges of non-amalgamated companies.

Section 32

Repeal of existing provisions.

Section 33

Subsequent modifications of standard charges.

Exceptional Charges

Section 34

Provisions as to existing exceptional rates.

Section 35

New exceptional rates.

Section 36

Variation of exceptional rates.

Section 37

Review of competitive exceptional rates.

Section 38

Disintegration of exceptional rates.

Section 39

Exceptional fares.

Conditions of Carriage

Section 40

Submission of proposed conditions.

Section 41

Settlement by tribunal.

Section 42

Conditions on which merchandise is to be carried.

Section 43

Alteration of conditions.

Miscellaneous Provisions as to Charges

Section 44

Owner's risk rates.

Section 45

Minimum charges.

Section 46

Collection and delivery charges.

Section 47

Dangerous goods.

Section 48

Publication of schedules of standard charges, etc.

Section 49

Miscellaneous provisions as to rates.

Section 50

Additional functions of railway tribunal.

Section 51

Amendments of certain Acts.

Section 52

Interpretation of expressions used in Part III.

Adjustment of Charges to Revenue

Section 53

Adjustment of charges to revenue.

Section 54

Periodical review of standard charges and exceptional charges.

PART IV

Wages and Conditions of Service

Section 55

Regulation of conditions of service of railway employees.

Section 56

Appointment to clerical grades.

Section 57

Preparation of scheme for superannuation fund.

PART V

Regulation of Railways

Section 58

Power to make orders as to working.

Section 59

Power to make orders as to acquisition of land, etc.

Section 60

Power to confirm agreements for the purchase, lease or working of railways.

Section 61

Agreements.

PART VI

Baronially Guaranteed Railways

Section 62

Meaning of certain expressions.

Section 63

Provisions in respect of baronial guarantees.

Section 64

Baronial railways vested in county councils.

PART VII

General

Section 65

Provision for applications by public authorities in certain cases.

Section 66

Notices, etc.

Section 67

Service of documents on amalgamated company.

Section 68

Language of public notices and tickets.

Section 69

Accounts, returns and statistics.

Section 70

Names and addresses of share holders.

Section 71

Enactments which are not to apply to amalgamated company.

Section 72

Short title.

First Schedule Amalgamating and Absorbed Companies Second Schedule Board of Directors of Amalgamated Company Third Schedule Existing Officers and Servants Fourth Schedule Provisions relating to the submission of Schemes Fifth Schedule Division and Form of Schedules of Standard Charges Sixth Schedule Miscellaneous Provisions as to Rates Seventh Schedule Enactments Amended Eighth Schedule Grades to which Part IV of the Act Applies Nineth Schedule Payments in respect of Baronial Guarantees Tenth Schedule Enactments not applying to Amalgamated Company Acts Referred to Civil Service Regulation Act, 1924 No. 5 of 1924 Statutory Undertakings (Continuance of Charges) (No. 2) Act, 1923 No. 16 of 1923 No. 29 of 1924.

RAILWAYS ACT, 1924.

AN ACT TO PROVIDE FOR THE RE-ORGANISATION AND FUTURE REGULATION OF RAILWAYS IN SAORSTÁT EIREANN AND OTHERWISE TO AMEND THE LAW RELATING TO RAILWAYS. [23rd July, 1924.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PRELIMINARY.

Definitions.

Definitions.

1.—In this Act— the expression “the amalgamated company” means the company constituted by the amalgamation in accordance with the provisions of this Act of the companies specified in the first column of the First Schedule to this Act and the absorption of the companies specified in the second column of the said Schedule; the expression “amalgamating company” means one of the companies specified in the first column of the First Schedule to this Act and intended to constitute by amalgamation the amalgamated company; the expression “absorbed company” means one of the companies specified in the second column of the First Schedule to this Act and intended to be absorbed by the amalgamated company under the provisions of this Act; the expression “the railway tribunal” means the court to be established under that name pursuant to

Part II

. of this Act; the expression “Minister” means the Minister for Industry and Commerce.

PART I.

Re-organisation of Railway System.

Amalgamation of railways.

2.—(1) With a view to the re-organisation and more efficient and economical working of the railway system of Saorstát Eireann, the amalgamated company shall be formed in accordance with the provisions of this Act by the amalgamation of the companies set out in the first column of the First Schedule to this Act, and by the absorption of the companies set out in the second column of that Schedule.

Preparation and settlement of the amalgamation scheme.

3.—(1) The amalgamating companies may on or before the 31st day of August, 1924, submit to the Minister an amalgamation scheme framed in accordance with the provisions of this Act which has been agreed to by all those companies.

Provisions to be contained in the amalgamation scheme.

4.—An amalgamation scheme under this Act— (a) shall provide for the incorporation of the amalgamated company under an appropriate name with power to hold land for the purposes of the company, and make such provisions as appear necessary or expedient with regard to the share and loan capital of the amalgamated company and the vesting of the property, rights, powers, duties and liabilities, whether statutory or otherwise, of the amalgamating companies; and (b) shall provide generally as to the terms and conditions of amalgamation and for the winding-up of the amalgamating companies, including the allocation to holders of securities of the amalgamating companies, in substitution therefor and in satisfaction of all claims arising thereunder, of such securities of the amalgamated company, and of such amounts, as may be specified in the scheme; and (c) shall incorporate Part V. of the Railways Clauses Act, 1863 , subject to the provisions of this Act, and may incorporate any of the provisions of the Companies Clauses Consolidation Act, 1845 , and the Acts amending that Act, subject to the modification that any committees appointed under section 95 of the Companies Clauses Consolidation Act, 1845 , may comprise persons who, though not directors of the company, are proprietors and possess such other qualifications (if any) as may be provided by the scheme; and (d) shall give effect to the provisions contained in the Second Schedule to this Act with respect to the direction of the amalgamated company, and may, with the consent of the proprietors, provide for the payment of compensation out of the assets of an amalgamating company to any director of such company who suffers loss by abolition of office or who resigns office consequent on his being appointed a standing member of the railway tribunal, but in the latter eventuality his remuneration as such standing member of the railway tribunal shall be taken into account in fixing the amount of any such compensation; and (e) shall contain such provisions with respect to the management of any superannuation, pension, provident, widows' and orphans' and other benefit fund or funds established by any amalgamating company as may be necessary in consequence of amalgamation, so, however, as to preserve in all other respects the management of such funds unaltered until other provision is made by the Oireachtas; and (f) shall incorporate the provisions contained in the Third Schedule to this Act with respect to existing officers and servants; and

(g) may make such incidental and supplemental provisions as appear necessary or expedient in order to give full effect to the provisions of the scheme and the purposes of this Act.

Preparation and approval of absorption schemes.

5.—(1) The amalgamating companies may, on or before the 31st day of August, 1924, submit to the Minister a scheme or schemes framed in accordance with the provisions of this Act for the absorption by the amalgamated company of all or any of the absorbed companies, on terms agreed to by the absorbed companies to which the scheme or schemes may relate.

Provisions to be contained in absorption schemes.

6.—An absorption scheme under this Act— (a) shall provide in such manner as appears necessary or expedient for the transfer to the amalgamated company of all the property, rights, powers, duties, and liabilities whether statutory or otherwise, of any absorbed company to which the scheme relates; and (b) shall provide for the consideration to be given to the absorbed company or companies, and generally as to the terms and conditions of the transfer, and may provide for the consideration consisting in whole or in part of securities of the amalgamated company; and (c) shall provide for the winding up of the absorbed company or companies, and may provide on any such winding up for the holder of any securities of the absorbed company receiving in substitution therefor and in satisfaction of all claims arising thereunder such securities of the amalgamated company forming part of the consideration for the transfer of the undertaking, and of such amounts, as may be specified in the scheme, and may, with the consent of the proprietors, provide for the payment of compensation out of the assets of an absorbed company to any director of such company who suffers loss by abolition of office or who resigns office consequent on his being appointed a standing member of the railway tribunal, but in the latter eventuality his remuneration as such standing member of the railway tribunal shall be taken into account in fixing the amount of any such compensation; and (d) shall incorporate the provisions of Part V. of the Railways Clauses Act, 1863 , subject to the provisions of this Act; and (e) shall contain such provisions with respect to the management of any superannuation, pension, provident, widows' and orphans' and other benefit fund or funds established by any absorbed company to which the scheme relates as may be necessary in consequence of absorption so, however, as to preserve in all other respects the management of such funds unaltered until other provision is made by the Oireachtas or by agreement between the parties concerned, as the case may require; and (f) shall incorporate the provisions contained in the Third Schedule to this Act with respect to existing officers and servants; and (g) may make such incidental and supplemental provisions as appear necessary or expedient in order to give full effect to the provisions of the scheme and the purposes of this Act.

Saving as to transfer of liability in certain cases.

7.—(1) Notwithstanding anything contained in this Act, there shall not be transferred to the amalgamated company any liability of an absorbed company in respect of any dividends or interest or arrears of dividends or interest on any loan or any mortgage, bond, charge, debenture, debenture stock or other security for money on which there were six or more years arrears of dividends or interest unpaid on the 3rd day of April, 1924, and no provisions in this Act applicable to an absorption scheme shall apply to such liability: Provided that this sub-section shall not apply to the liability of an absorbed company in respect of any dividends or interest or arrears of dividends or interest on any mortgage, bond, charge, debenture, debenture stock or other security for money the holder of which was by virtue thereof in possession (whether by himself, or by a trustee on his behalf, or by a receiver appointed by him or any trustee on his behalf) on the 3rd day of April, 1924, of the property or any part of the property comprised in such mortgage, bond, charge, debenture, debenture stock or other security for money.

Provisions as to determination of terms and conditions of amalgamation or transfer.

8.—For the purpose of determining the terms and conditions of amalgamation between the amalgamating companies or of the transfer of the undertaking of any absorbed company, the railway tribunal shall take into consideration all the circumstances of the case, and in particular the value on a net revenue earning basis of each of the amalgamating and absorbed companies as a separate company, and its value as a component part of the amalgamated company: so, however, that regard shall not be had to economies or accretions of traffic or other circumstances tending to enhance its value as such component part attributable solely to the provisions of this Act relating to amalgamation and absorption:

Provided that, in the case of the line of one company being worked by another company under an arrangement whereby a percentage of the gross receipts of the line so worked is payable to the owning company, the railway tribunal in determining the terms and conditions of transfer shall not take into account any higher charging powers than those authorised in respect of the line under the statutory provisions in force in the year 1913.

Supplementary provisions as to schemes.

9.—(1) The amalgamation scheme and every absorption scheme shall be so framed as to come into operation on the 1st day of January, 1925, or such earlier or later date, as the railway tribunal, after consultation with the Minister, may fix:

Provided that the amalgamation scheme shall be deemed to come into operation immediately before the absorption schemes.

Preliminary scheme.

10.—(1) Any two or more amalgamating companies may, at any time after the passing of this Act and prior to the 31st day of August, 1924, submit to the Minister for reference to the Railway Tribunal a preliminary scheme for the amalgamation of those companies.

Power of trustees to invest in securities of amalgamated company.

11.—For the purposes of the provisions of the Trustee Act, 1893 , relating to the securities in which trustees are authorised to invest trust funds, the amalgamated company shall be treated as if it were a railway company in Saorstát Eireann incorporated by special Act of Parliament and had, in each of the ten years immediately before the date of amalgamation, paid a dividend at the rate of not less than three per centum per annum on its ordinary stock.

Employees of Irish Railway Clearing House.

12.—(1) The provisions of the Third Schedule to this Act shall, with the modifications hereinafter mentioned, apply to every person who was on the 3rd day of April, 1924, an officer or servant of the Irish Railway Clearing House and who, as a direct result of any re-organisation of the Irish Railway Clearing House taking place within five years after the passing of this Act, is discharged on account of the abolition of his office or situation, or is required to perform duties such as are not analogous, or are an unreasonable addition, to those which he was required to perform immediately previous to the date aforesaid.

PART II.

Establishment of Railway Tribunal.

Constitution of the railway tribunal.

13.—(1) There shall be established a court styled the Railway Tribunal consisting of three standing members, that is to say, a chairman and two ordinary members, all of whom shall be appointed by the Governor-General on the advice of the Executive Council.

Qualification of members of railway tribunal.

14.—(1) Every person appointed to be chairman of the railway tribunal shall at the date of his appointment either— (a) be a practising barrister of at least twelve years' standing, or (b) be or have been a judge of the Supreme Court, the High Court, or the Circuit Court, or (c) have been a judge of the Supreme Court of Judicature in Ireland, or (d) have been a Recorder or County Court Judge in Saorstát Eireann.

Appointment of officers and payment of expenses of railway tribunal.

15.—(1) The Minister shall appoint a registrar of the railway tribunal and may, subject to the consent of the Minister for Finance as to numbers, appoint such other officers and servants of the railway tribunal as he shall consider necessary for assisting them in the execution of their duties.

Members of railway tribunal not to hold shares in any transport undertaking.

16.—(1) Every person appointed to be a standing member of the railway tribunal shall within three months after his appointment absolutely sell and dispose of all shares in any transport undertaking which he shall at the time of his appointment own or be interested in for his own benefit, and if any shares in any transport undertaking shall come to or vest in a member of the railway tribunal by will or succession for his own benefit, he shall within three months after the same shall have so come to or vested in him, absolutely sell and dispose of the same or his interest therein.

Additional and temporary members of tribunal.

17.—(1) There shall be constituted two panels, that is to say:— (a) a panel (hereinafter referred to as the “general panel”) consisting of twelve persons nominated by the Governor-General on the advice of the Executive Council, such advice being given as regards three such persons after consultation with the Minister and with a view to such three persons being representative of commercial and industrial interests, and as regards two other such persons after consultation with the Minister and with a view to such two persons being representatives of the interests of labour, and as regards two other such persons after consultation with the Minister and with a view to such two persons being representative of the interests of passengers upon railways, and as regards four other such persons after consultation with the Minister for Lands and Agriculture and with a view to such four persons being representative of agricultural interests, and as regards one other such person after consultation with the Minister for Fisheries and with a view to such person being representative of fishery interests; and (b) a panel (hereinafter referred to as the “railway and canal panel”) consisting of four persons nominated by the Governor-General on the advice of the Executive Council, such advice being given after consultation with the Minister and with a view to three of such persons being representative of the railway companies in Saorstát Eireann and the other of such persons being representative of the canal and inland navigation companies and authorities in Saorstát Eireann.

Part III

. of this Act only, pending the filling up of such vacancies or during such absence— (a) in the case of the chairman, the Governor-General on the advice of the Executive Council may appoint a person to act as temporary chairman in his place; and (b) in the case of either of the ordinary members, the Governor-General on the advice of the Executive Council may appoint a member of a panel to act in his place, the person so appointed being selected from the general panel or the railway and canal panel according to the qualification of the ordinary member in question.

Part III

. of this Act the railway tribunal either upon application by any of the parties or otherwise so request, or the Minister thinks it expedient, there shall be added to the railway tribunal two additional members nominated by the Governor-General on the advice of the Executive Council from the panel, one such additional member being selected from the general panel and the other from the railway and canal panel.

In selecting a member from either panel, regard shall be had to the particular class of case or proceeding to be heard, so that, as nearly as may be, the person so selected shall be conversant with and have knowledge of the technical matter that may arise in such particular case or proceeding.

General powers of the railway tribunal.

18.—(1) For the purposes of this Act the railway tribunal shall have full power and jurisdiction to hear and determine all matters, whether of law or fact, which shall be duly brought before them under this Act, and shall not be subject to be restrained in the execution of their powers under this Act by the order of any other court, nor shall any proceedings before them be removed by certiorari into any other court.

Procedure and fees.

19.—(1) The railway tribunal may, with the approval of the Minister and the Chief Justice, make general rules governing their procedure and practice and generally for carrying into effect their duties and powers under this Act, and such rules may, amongst other things, provide for— (a) the awarding of costs by the tribunal, but so that in proceedings under this Act before the railway tribunal at the instance of any company or person, other than disputes between two or more railway companies, the tribunal shall not have power to award costs unless they are of opinion that either the application or claim or complaint or defence or objection, as the case may be, is frivolous and vexatious; (b) the reference of any question to a member or officer of the tribunal, or any other person appointed by them, for report after holding an inquiry locally; (c) enabling the tribunal to dispose of any proceedings before them, notwithstanding that in the course of the proceedings there has been a change in the persons sitting as members of the tribunal; (d) the right of audience before the tribunal, provided that any party shall be entitled to be heard in person, or by a representative in the regular employment of the party duly authorised in writing, or by counsel or solicitor; (e) the number of members of the tribunal who shall form a quorum for the hearing of different classes of cases.

Sittings.

20.—The central office of the railway tribunal shall be in Dublin, but, subject to the provisions of this Act and to the rules made thereunder, the railway tribunal may hold sittings in any part of Saorstát Eireann, in such place or places as may be convenient for the determination of the proceedings before them.

Decisions to be by a majority of the members present.

21.—(1) The determination of any question before the railway tribunal shall be according to the opinion of the majority of the members (including additional members, if any) of the railway tribunal hearing the case.

Appeals.

22.—(1) No appeal shall lie from any order made by the railway tribunal in exercise of any jurisdiction conferred on them by

Part I

. of this Act, nor from any decision of the railway tribunal under any other jurisdiction on a question of fact or any question regarding the locus standi of any person appearing or claiming to be heard before them.

Transfer of functions of Railway and Canal Commission.

23.—(1) Every function, jurisdiction, power, and duty which was on the 6th day of December, 1921, exercised by or imposed on the Railway and Canal Commission by statute or otherwise shall (with the exceptions hereinafter mentioned) from and after the passing of this Act be exercised and performed in Saorstát Eireann by the railway tribunal.

PART III.

Railway Charges.

Existing charges.

24.—The charges of the amalgamating and absorbed companies in force on the 3rd day of April, 1924, shall remain in force as maximum charges unless and until altered in accordance with this Part of this Act.

Preliminary revision.

25.—The railway tribunal shall, at a date not later than three months after the passing of this Act, review the existing charges of the amalgamating and absorbed companies with a view to the modification of such charges or any of them having regard to the circumstances under which increased charges were authorised as from the 1st day of September, 1920, and to any changes in those circumstances, including any reduction in working expenses since that date, and shall appoint a day when any modifications so determined shall come into operation.

Classification of Merchandise.

Classification.

26.—The railway tribunal shall consider and, after hearing all parties interested and who are desirous of being heard, shall determine the classification of merchandise applicable to the amalgamated company and shall have power to divide the classification into such number of classes containing such descriptions of merchandise as they think fit, and in determining the class in which any particular merchandise shall be placed they shall, in addition to all other relevant circumstances, have regard to the value, the bulk in comparison to weight, the risk of damage, and the cost of handling such merchandise, and the saving of cost which may result when such merchandise is forwarded in large quantities.

Standard Charges.

Submission of schedules.

27.—(1) The amalgamated company shall submit to the railway tribunal not later than the 31st day of December, 1925, or such later date as the Minister may allow, schedules of the standard charges proposed to be made according to the classification fixed as aforesaid, and shall (except as hereinafter provided), show the rates for the conveyance of merchandise, the amount of terminal charges, and the fares for the conveyance of passengers and their luggage, and every such schedule shall be published in such manner as the railway tribunal may direct.

Settlement of schedules.

28.—The railway tribunal shall consider the schedules of proposed standard charges so submitted to them and any objections thereto which may be lodged within the prescribed time and in the prescribed manner, and, after hearing all parties interested and who are desirous of being heard shall, in accordance with the provisions hereinafter contained, settle the said schedules and fix the date of the appointed day on which the same are to come into operation.

Obligation to charge standard charges.

29.—(1) On and from the appointed day the charges appearing in a schedule of standard charges as fixed by the railway tribunal for the amalgamated company shall be the charges which the said company shall be entitled to make for all services rendered in respect of which charges are fixed, and no variation either upwards or downwards shall be made from such authorised charges unless by way of an exceptional rate or an exceptional fare continued, granted, or fixed under the provisions of this Part of this Act, or in respect of competitive traffic in accordance therewith.

Protection of ports.

30.—(1) All the terms, conditions and provisions of any statutory enactment or any agreement confirmed by or scheduled to a statutory enactment which, at the passing of this Act, are in force and binding on any amalgamating or absorbed company, by which the forwarding of traffic is affected, or for any other purpose, shall continue in full force and effect, save in so far as the same are rescinded or varied by this Act; but no such statutory enactment or agreement shall be construed as affecting or extending to any part of the railway of the amalgamated company or the traffic thereon which was not at the passing of this Act subject to or affected by such statutory enactment or agreement.

Charges of non-amalgamated companies.

31.—The rates, fares, tolls and dues charged by railway companies other than the amalgamating and absorbed companies at the passing of this Act shall, in so far as they relate to those portions of their undertakings situate in Saorstát Eireann, remain in force as maximum charges unless and until altered in accordance with this section:

Provided that at any time after the passing of this Act— (i) any representative body of railway users may apply to the railway tribunal to reduce the aforesaid charges or any of them; (ii) any trader interested in any particular charge may apply to the railway tribunal to reduce that charge; (iii) any such company may apply to the railway tribunal to increase the aforesaid charges or any of them; (iv) any amalgamating or absorbed company or the amalgamated company or any representative body of traders or a body of persons representative of trade or a locality may apply to the railway tribunal to modify any reduction made by any such company in the aforesaid charges or any of them otherwise than under an order of the railway tribunal.

Any such application shall be published in such a manner as the railway tribunal prescribe and the tribunal after hearing all parties interested and who are desirous of being heard may make such modifications in the said charges or any of them as to the tribunal may seem just, and shall fix a day upon which the modifications are to come into force.

Repeal of existing provisions.

32.—As from the appointed day all statutory provisions, and the provisions of all agreements with respect to classification of merchandise and with respect to charges for or in connection with the carriage of merchandise or passengers by the amalgamated company, shall to the extent to which those provisions relate to the matters aforesaid be repealed and cease to be operative, except so far as any statutory provision authorises for the purpose of calculation of distance a special mileage to be allotted in respect of any portion of the railway of the amalgamated company and except so far as, in the case of any such agreement or in the case of a statutory provision fixing a special charge, it may be continued under the provisions of this Part of this Act or by an order of the railway tribunal.

Subsequent modifications of standard charges.

33.—The amalgamated company or any representative body of traders or any person who may obtain a certificate from the Minister that he is a proper person for the purpose, shall be entitled at any time to apply to the railway tribunal to modify the standard charges or any of them or any conditions relative thereto, and, if such company or body of traders or person, as the case may be, prove to the satisfaction of the railway tribunal that the standard charges or conditions or any of them ought to be modified, the tribunal shall make such modifications as they think fit, and shall fix the date as from which the modified standard charges or conditions shall be effective:

Provided that sub-sections (3), (4), (5), and (6) of section 54 of this Act shall apply to any application for a general revision or variation of standard charges of the amalgamated company under this section, as if such application were a review of standard charges and exceptional charges under that section.

Exceptional Charges.

Provisions as to existing exceptional rates.

34.—(1) On and from the appointed day all exceptional rates in operation immediately before the appointed day on the railway of the amalgamated company shall cease to operate, with the exception of such exceptional rates as— (a) are not less than five per cent. below the standard rates which would otherwise on and from the appointed day become chargeable; and (b) have been continued by agreement in writing between the railway company and the trader concerned, or, failing agreement, have been notified in writing to the secretary of the railway company by the trader with a request that they should be referred to the railway tribunal for determination by them, in which case the rates shall continue until determined by the railway tribunal, and the onus of proving that any such rates should be altered or discontinued shall be upon the railway company; so nevertheless that no rate which has not been applied to the charging of merchandise actually forwarded within the two years preceding the 1st day of January, 1926, shall be continued unless the trader can prove to the satisfaction of the railway company, or, failing agreement with the railway company, to the satisfaction of the railway tribunal— (i) that its non-application is solely due to abnormal conditions of trade; or (ii) that a rate of equal amount to the same destination remains in operation at other stations or sidings in the same group or area:

Provided that, if the trader and the railway company agree to continue any rate which will be more than forty per cent. below the standard rate chargeable as aforesaid, the rate shall, before the appointed day, be referred to the railway tribunal, and, if so referred, shall continue until the tribunal have determined the matter.

New exceptional rates.

35.—(1) On and after the appointed day the amalgamated company shall be at liberty to grant new exceptional rates in respect of the carriage of any merchandise, which rates shall within fourteen days, or such longer period as the Minister may allow, be reported to the Minister; so, however, that a new exceptional rate so granted shall not, without the consent of the railway tribunal, be less than five per cent. or more than forty per cent. below the standard rate chargeable.

Variation of exceptional rates.

36.—(1) The amalgamated company shall not be entitled to increase or cancel any exceptional rate which has been fixed by the railway tribunal without first obtaining the sanction of that tribunal.

Provided that no trader shall be entitled to object to an increase of an exceptional rate reduced by the amalgamated company since the appointed day unless the effect of the increase is to make the rate applicable to his traffic higher than the rate applicable thereto immediately before the reduction.

Provided that no trader shall be entitled to object to the cancellation of an exceptional rate granted by the amalgamated company since the appointed day unless the effect of the cancellation is to make the rate applicable to his traffic higher than the rate applicable thereto at the date when the exceptional rate was granted.

Review of competitive exceptional rates.

37.—If it should appear to the Minister or if representations amounting to a prima facie case to the satisfaction of the Minister are made to him by any body of persons which in the opinion of the Minister has a substantial interest in the conveyance of traffic by way of shipping services or inland navigation, to the effect that exceptional rates are being charged by the amalgamated company which by reason of their effect on such conveyance are detrimental to the public interest, the Minister shall refer the matter to the railway tribunal for review, and the railway tribunal may, after hearing all parties whose interests are affected, vary or cancel such rates or make such other order as may seem to them expedient.

Disintegration of exceptional rates.

38.—(1) Where application is made to the railway tribunal to fix or sanction any exceptional rate for the carriage of merchandise between two stations, or between a station and a siding, or between two sidings, or between either a station or a siding and a junction, the railway tribunal in fixing or sanctioning the exceptional rate shall determine the amounts (if any) to be included in the rate for the following services:— (a) conveyance; (b) station terminals; (c) service terminals; (d) accommodation provided and services rendered at or in connection with a private siding.

Exceptional fares.

39.—(1) The amalgamated company may charge fares below the standard fares in such circumstances as the company may think fit, but the circumstances in which such exceptional fares, if below ordinary fares, may be charged and the amount of reduction below the standard fare, shall be reported to the Minister within fourteen days, or such longer period as the Minister may allow, after the decision has been arrived at.

Conditions of Carriage.

Submission of proposed conditions.

40.—Within six months from the passing of this Act, or within such further time as the railway tribunal may permit, the amalgamating companies shall submit to, and publish in such manner as may be prescribed by the railway tribunal— (a) the terms and conditions (hereinafter called “company's risk conditions”) on and subject to which merchandise other than live stock, and live stock, will respectively be carried if carried at ordinary rates; (b) the terms and conditions (hereinafter called “owner's risk conditions”) on and subject to which merchandise other than live stock, and subject as hereinafter provided, live stock, will respectively be carried if carried at owner's risk rates; (c) the terms and conditions on and subject to which damageable goods not properly protected by packing will be carried.

Settlement by tribunal.

41.—(1) The railway tribunal shall consider the terms and conditions so submitted, or, if terms and conditions are not so submitted within the time so allowed, shall themselves prepare and publish provisional terms and conditions, and after hearing any representative body of traders who may desire to be heard, and any other party whom the Minister considers entitled to be heard, shall settle, and when settled publish in the Iris Oifigiúil, the terms and conditions which they consider just and reasonable, and shall fix a date not earlier than two months after such publication upon which those terms and conditions are to come into force.

Conditions on which merchandise is to be carried.

42.—(1) On and after the date so fixed as aforesaid the terms and conditions upon and subject to which merchandise is, apart from special contract, to be carried by the amalgamated 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:

Provided that, in any case where an owner's risk rate is in operation and the company has been requested in writing to carry at that rate, the terms and conditions upon and subject to which such goods shall be carried shall be owner's risk conditions.

Alteration of conditions.

43.—At any time after the date when the terms and conditions so settled as aforesaid come into force the amalgamated company or any representative body of traders may apply to the railway tribunal to amend, alter or add to those terms and conditions, and the tribunal may, after hearing all parties whom they consider entitled to be heard, make such amendments, alterations, or additions of or to such terms and conditions as the railway tribunal think just and reasonable, and fix a date as from which they are to come into operation.

Miscellaneous Provisions as to Charges.

Owner's risk rates.

44.—(1) When settling a schedule of charges, or within twelve months or such longer period thereafter as in any case the Minister may allow, the railway tribunal shall determine what reductions shall be made from the standard charges where damageable merchandise is carried by the amalgamated company under owner's risk conditions, and such reductions shall be shown or indicated in the schedule in such manner as the railway tribunal prescribes.

Minimum charges.

45.—The amalgamated company shall be entitled to charge for the conveyance of merchandise as for a minimum distance of such number of miles as the railway tribunal may determine, or such minimum sum as the railway tribunal may determine, but such minimum distances shall not vary according to whether charges for station terminals are or are not made.

Collection and delivery charges.

46.—(1) On and after the appointed day the amalgamated company may collect and deliver by road any merchandise which is to be or has been carried by railway and may make reasonable charges therefor in addition to the charges for carriage by railway, and shall publish in the rate book kept at the station where it undertakes the services of collection and delivery the charges in force for the collection and delivery of merchandise ordinarily collected and delivered.

Provided that the company shall not be required to make delivery to any person who is unwilling to enter into an agreement, terminable by him on reasonable notice, for the delivery by the company at the charges included in the rate book of the whole of his traffic, or the whole of his perishable traffic, from the station at which those charges apply.

Dangerous goods.

47.—(1) Nothing contained in this Act shall impose any obligation on the amalgamated company to accept dangerous goods for conveyance, or shall prejudice or derogate from the powers of any Government department under the Explosives Act, 1875 , or affect the validity or operation of any order, rule, or byelaw made under the powers contained in that Act.

Provided that, where the amalgamated company has declared any article to be dangerous, it shall lie on the person requiring the article to be carried to show that it is not dangerous.

Publication of schedules of standard charges, etc.

48.—(1) The schedules of standard charges and the standard terms and conditions of carriage when settled in accordance with the provisions of this Part of this Act, and any orders of the railway tribunal modifying standard charges or standard terms and conditions shall be printed, numbered, published, and sold, and may be cited in the like manner as statutory rules are for the time being required by law to be printed, numbered, published, and sold, and permitted to be cited.

The general classification of merchandise and every such book shall, during all reasonable hours, be open to the inspection of any person without the payment of any fee.

Miscellaneous provisions as to rates.

49.—The provisions contained in the Sixth Schedule to this Act (being provisions similar to those now contained in the various railway rates and charges orders) shall, as from the appointed day, apply to the amalgamated company.

Additional functions of railway tribunal.

50.—The railway tribunal shall, in addition to any other powers conferred upon it under this Part of this Act, have power to determine after hearing all parties interested and desirous of being heard any questions that may be brought before it in regard to the following matters:— (a) the alteration of the classification of merchandise, or the alteration of the classification of any article, or the classification of any article not at the time classified, or any question as to the class in which any article is classified; (b) the institution, variation, or cancellation of through rates; (c) the institution of new, and the continuance, modification, or cancellation of existing group rates; (d) the variation of any toll payable by a trader; (e) 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 provided or performed at that siding; (f) the reasonableness or otherwise of any charge made by the amalgamated company for any services or accommodation for which no authorised charge is applicable; (g) the reasonableness or otherwise of any conditions as to packing of articles specially liable to damage in transit or liable to cause damage to other merchandise; (h) the articles and things that may be conveyed as passengers' luggage; (i) the constitution of local joint committees representing traders and the amalgamated company and their functions and the centres at which they are to be established.

Amendments of certain Acts.

51.—(1) As from the appointed day the Acts mentioned in the Seventh Schedule to this Act shall, in their application to the amalgamated company, have effect subject to the amendments specified in the third column of that schedule.

Part II

of this Act as the Minister shall nominate, and such members (equal in number to the members of the general panel so nominated) of the railway and canal panel established under

Part II

of this Act as the Minister shall nominate, shall be substituted for the sub-committee mentioned in the said section 2.

Interpretation of expressions used in Part III.

52.—In this Part of this Act— the word “charges” includes rates, fares, tolls, dues, and other charges; the word “rates” means rates and other charges in connection with the carriage of merchandise; the word “fares” means fares and other charges in connection with the conveyance of passengers and their luggage; the word “modifications” in relation to charges includes modifications whether by way of decrease or of increase, and the word “modify” and other cognate words shall be construed accordingly; the word “merchandise” includes goods, minerals, live-stock, and animals of all descriptions; the expression “exceptional charges” means charges below the standard charges, and includes special charges continued subject to adjustment under the provisions of this Part of this Act, and the expressions “exceptional rates” and “exceptional fares” shall be construed accordingly; the word “conditions” includes regulations; the expression “railway rates and charges orders” means provisional orders fixing maximum rates and charges applicable to a railway company and made and confirmed by the United Kingdom Parliament in pursuance of section 24 of the Railway and Canal Traffic Act, 1888; the expression “the appointed day” means the day fixed by the railway tribunal as the appointed day on which the schedules of standard charges settled by them are to come into operation; the expression “standard charges” means the charges fixed by the schedules of standard charges settled by the railway tribunal under this Part of this Act; the word “prescribed” means prescribed by the railway tribunal.

Adjustment of Charges to Revenue.

Adjustment of charges to revenue.

53.—(1) The standard charges to be fixed in the first instance for the amalgamated company shall be such as will, together with the other sources of revenue, in the opinion of the railway tribunal, so far as practicable yield, with efficient and economical working and management, an annual net revenue (hereinafter referred to as the standard revenue) equivalent to the average annual aggregate net revenue for the three years of account ended next before the 1st day of January, 1914, of the amalgamating companies and the absorbed companies, together with— (a) a sum equal to five per cent. on capital expenditure forming the basis on which interest was allowed at the end of the period during which the amalgamating and absorbed companies were in the possession of the British Government; and (b) such allowance as may be necessary to remunerate adequately any additional capital which may have been raised or provided in respect of expenditure on capital account incurred since the 1st day of January, 1913, and not included in the expenditure referred to in the last preceding paragraph, unless it can be shown that such expenditure has not enhanced the value of the undertaking; and (c) such allowance as appears to the railway tribunal to be reasonable in respect of capital expenditure not being less than one thousand pounds in the case of any work and not being capital expenditure included in paragraph (a), on works which enhance the value of the undertaking, but which had not at the beginning of the year 1913 become fully remunerative:

Provided that, in determining the sum which charges will, with efficient and economical working and management, yield, the tribunal shall, with a view to encouraging the taking of early steps for effecting economies in working and management expenses rendered possible by or in anticipation of amalgamation, take into consideration the economies effected by such steps already taken, and shall make such allowance in respect thereof as the tribunal may consider fair and equitable to an amount not exceeding thirty-three and one-third per cent. of such economies.

Periodical review of standard charges and exceptional charges.

54.—(1) The railway tribunal shall review the standard charges and exceptional charges of the amalgamated company at the end of the first complete financial year after the appointed day, or, if the appointed day is the 1st day of January in any year, at the end of that year, and unless directions are given by the Minister to the contrary in manner hereinafter appearing, at the end of each succeeding year, and the review shall be made on the experience of the operation of those charges for the period during which the standard charges have been in operation, or, if that period is more than three years, then on the experience of the operation of those charges during the preceding three years.

Provided that, if at any time after such an excess has been found, the standard charges and exceptional charges are modified in pursuance of sub-section (4) of this section on account of a deficiency, no such substitution shall be made until an excess above the standard revenue together with the allowance (if any) for additional capital is again found.

Provided that the tribunal shall have regard to the financial results obtained from the operation of any ancillary or subsidiary business carried on by the company, and if satisfied that the net revenue resulting therefrom is, having regard to all the circumstances, unduly low, may, for the purpose of such review, make such deductions from the charges which would otherwise have been fixed as they think proper.

PART IV.

Wages and Conditions of Service.

Regulation of conditions of service of railway employees.

55.—(1) From and after the passing of this Act the rates of pay, hours of duty, and other conditions of service of railway employees shall be regulated in accordance with agreements made or to be from time to time made between the trade unions representative of such employees of the one part and the railway companies and other persons by whom they are respectively employed of the other part.

Appointment to clerical grades.

56.—(1) Save as is hereinafter in this section provided, all appointments to any office or situation in the clerical grades of the service of the amalgamated company shall be made by means of open competitive examination in accordance with regulations made by the amalgamated company. Irish shall be a compulsory subject at such examinations.

Preparation of scheme for superannuation fund.

57.—(1) The amalgamated company shall, within one year after the 1st day of January, 1925, or such other period as may be fixed by the Minister, prepare for discussion with the trade unions representing the employees of the amalgamated company a scheme for providing on a contributory basis a superannuation fund for such of the employees of the amalgamated company as can, with due regard to actuarial considerations, be provided for out of such a fund.

PART V.

Regulation of Railways.

Power to make orders as to working.

58.—(1) With a view to securing and promoting the public safety, or the interests of the public, or of trade, or of any particular locality, the railway tribunal may, on the application of any body of persons representing any such interests, by order require the amalgamated company or any other railway company in respect to that portion of its undertaking situate in Saorstát Eireann to afford such reasonable railway services, facilities, and conveniences upon and in connection with its undertaking (including the provision of such minor alterations and extensions and improvements of existing works as will not involve in any one case an expenditure exceeding ten thousand pounds) as may be specified in the order:

Provided that, if on any such application a company satisfies the railway tribunal that under all the circumstances the capital required for the purpose cannot be provided or expended as proposed without prejudicially affecting the interests of the then existing stockholders, the order shall not be made:

Provided further that the powers under this sub-section shall be in addition to and not in derogation of any other existing powers of requiring measures for securing the safety of the public or the provision of reasonable facilities.

Power to make orders as to acquisition of land, etc.

59.—(1) For enabling a railway company to effect alterations, extensions, and improvements of existing works in pursuance of an order of the railway tribunal or of the Minister or, on the application of a railway company, for enabling such company to make and provide any alteration, extension or improvement mentioned in section 45 of the Railway Clauses Act, 1845, the Minister may, after compliance with the provisions of this section, authorise the railway company to acquire the land and easements and to construct the works necessary to effect the alterations, extensions, and improvements aforesaid.

Power to confirm agreements for the purchase, lease or working of railways.

60.—(1) Any agreement which may hereafter be entered into for the purchase, lease, or working by the amalgamated company of any part of the system of another railway company may, subject to the provisions of this section and after such notices and inquiries as the Minister shall consider necessary or expedient, be confirmed by the Minister.

Agreements.

61.—(1) From and after the passing of this Act it shall not be lawful for any amalgamating or absorbed company or the amalgamated company to vary or rescind any agreement or arrangement (not being an agreement or arrangement confirmed by or scheduled to a statutory enactment) with any railway company or other transport undertaking for the allocation or routing of traffic, or the pooling of receipts, or for differential rates on traffic passing by sea to or from Saorstát Eireann, or to enter into agreements for any of those purposes, except so far as authorised or required by an order made with due regard to the provisions of this Act by the railway tribunal.

If any company shall fail to furnish any particulars or information in accordance with this section or shall furnish under this section any false or misleading information, such company shall be liable to pay to the Minister for the use of the Exchequer such penalty not exceeding twenty-five pounds together with, in the case of a continuing offence, such further penalty not exceeding five pounds for every day during which the offence is continued, as the railway tribunal shall on the application of the Minister, impose.

This sub-section applies to all agreements and arrangements (whether made under statutory powers or otherwise) whereby provision is made for the allocation or routing of traffic by railway to or from any place in Saorstát Eireann or for the pooling of receipts from such traffic, or for differential rates on traffic passing by sea to or from Saorstát Eireann.

PART VI.

Baronially Guaranteed Railways.

Meaning of certain expressions.

62.—In this Part of this Act— the expression “baronially guaranteed dividends” means the dividends on the paid-up share capital of included baronial railways which at the passing of this Act are guaranteed by certain baronies or parts of baronies in Saorstát Eireann under guarantees given under the Tramways and Public Companies (Ireland) Act, 1883 , or any other Act or any Order in Council made under any such Act; the expression “guaranteeing barony” means a barony or part of a barony by which baronially guaranteed dividends are guaranteed under any guarantee given under any such Act or Order in Council as aforesaid; the expression “included baronial railway” means a railway or section of a railway the dividends on any part of the paid-up capital of which are baronially guaranteed dividends and which is to be included (whether by amalgamation or absorption) under the provisions of this Act in the undertaking of the amalgamated company.

Provisions in respect of baronial guarantees.

63.—(1) The Minister shall during each of the ten years mentioned in Part I. of the Ninth Schedule to this Act pay to the amalgamated company by equal half-yearly instalments out of monies to be provided by the Oireachtas the sum specified in the said Part I. of the said schedule as payable in each of such years respectively.

Provided that the Minister may, on the application of any such council and with the concurrence of the Minister for Local Government and Public Health, by order authorise such council to enlarge the area off which or to vary the proportions or manner in which the sums to be paid by such council to the Minister shall be raised.

Baronial railways vested in county councils.

64.—Where the undertaking of any included baronial railway and the property of any company connected with it have become the property of a grand jury or county council under provisions contained in an Order in Council pursuant to sub-section (2) of section 10 of the Tramways and Public Companies (Ireland) Act, 1883 , then for the purpose of the application of

Part I

. of this Act to that included baronial railway— (a) the shareholders for the time being of the company to which the said undertaking and property belonged immediately before the same became the property of the grand jury or county council, shall be deemed to be the proprietors of the said railway, and (b) the consent of the county council shall not be necessary to any scheme for the absorption of the undertaking of the said railway by the amalgamated company.

PART VII.

General.

Provision for applications by public authorities in certain cases.

65.—(1) Where under this Act an application to the railway tribunal may be made by a representative body of traders or by a body of persons representative of trade or a locality, the application may be made by any of the following authorities or bodies:— (a) any harbour board, or the council of any county or borough or district; or (b) any chamber of commerce or association representative of shipping, agriculture, traders, freighters or passengers which may obtain a certificate from the Minister that it is a proper body to make such an application.

Notices, etc.

66.—Any notice, application, request, or other document authorised or required by this Act to be sent to a railway company may, unless some other manner is prescribed by the railway tribunal, be sent by post in a prepaid registered letter addressed to the secretary of the company at the principal office of the company.

Service of documents on amalgamated company.

67.—Any document required by or authorised by law other than this Act to be served on the amalgamated company may be so served by— (a) handing it to the secretary of the amalgamated company at the principal office in Saorstát Eireann of the amalgamated company, or (b) leaving it at the principal office aforesaid in an envelope addressed to the secretary of the amalgamated company, or (c) sending it by post in a prepaid registered letter addressed to the secretary of the amalgamated company at the principal office aforesaid.

Language of public notices and tickets.

68.—The amalgamated company shall, as soon as may be practicable, replace all public notices and signs (including names of stations) which are now in the English Language only by notices and signs in both Irish and English, and shall within one year from the 1st January, 1925, submit to the Minister a scheme for the printing of their passenger card tickets for journeys within the Saorstát in both the Irish and English languages and the Minister shall, unless he is of opinion that the adoption of the scheme would jeopardise the standard revenue and result in increased rates and fares, order the amalgamated company to put such scheme into operation: Provided that existing stocks of tickets may be used until exhausted.

Accounts, returns and statistics.

69.—(1) The accounts to be rendered by the amalgamated 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 amalgamated company.

Names and addresses of shareholders.

70.—(1) Notwithstanding anything contained in section 10 of the Companies Clauses Consolidation Act, 1845 , it shall be lawful for the amalgamated 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 amalgamated company) containing the names and addresses of the several shareholders of the amalgamated company and that section in its application to the amalgamated 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 amalgamated company: Provided that the charge made for a copy of such card or other index shall not exceed the sum of £2 10s. 0d.

Enactments which are not to apply to amalgamated company.

71.—As from the appointed day the enactments specified in the Tenth Schedule to this Act to the extent mentioned in the third column of that Schedule shall not apply to the amalgamated company.

Short title.

72.—This Act may be cited as the Railways Act, 1924.

SCHEDULES.

First Schedule.

Amalgamating and Absorbed Companies.

Sections 1 and 2

1 2 Amalgamating Companies Absorbed Companies Great Southern and Western Railway Company, including the Geashill Extension separate undertaking.

Athenry and Tuam Extension to Claremorris Railway Company, Limited.

Ballinascarthy and Timoleague Junction Light Railway Company.

Midland Great Western Railway Company of Ireland.

Ballinrobe and Claremorris Light Railway Company, Limited.

Dublin and South Eastern Railway Company, including City of Dublin Junction Railways and New Ross and Waterford Extension Railways.

Baltimore Extension Railway Company, Limited.

Bantry Extension Railway Company.

Cork, Bandon and South Coast Railway Company including the Bantry Bay Extension.

Cavan and Leitrim Railway Company, Limited.

Clonakilty Extension Railway Company.

Cork, Blackrock and Passage Railway Company.

Cork and Macroom Direct Railway Company.

Cork and Muskerry Light Railway Company, Limited.

Cork City Railways.

Donoughmore Extension Light Railway Company, Limited.

Dublin and Kingstown Railway Company.

Loughrea and Attymon Light Railway Company, Limited.

Schull and Skibbereen Tramway and Light Railway Company. (West Carberry Tramways and Light Railways Company, Limited).

South Clare Railways Company, Limited.

Southern Railway Company.

Timoleague and Courtmacsherry Extension Light Railway Company.

Tralee and Dingle Light Railway Company, Limited.

Tralee and Fenit Railway Company.

Waterford and Tramore Railway Company.

West Clare Railway Company, Limited.

Second Schedule Board of Directors of Amalgamated Company.

PART I.

First Year.

Section 4

(d).

PART II.

After the First Year.