Transport Act, 1950

Transport Act, 1950 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 1950 Transport Act, 1950 Transport Act, 1950 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 12 of 1950. TRANSPORT ACT, 1950. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title. 2. Interpretation. 3. Repeals. 4. Expenses. PART II. Coras Iompair Eireann. 5. Establishment of Córas Iompair Éireann. 6. Constitution of the Board. 7. Provisions in relation to members of the Board. 8. Seal of the Board. 9. Procedure of the Board. 10. Exclusion of the Public Authorities Protection Act, 1893. 11. Contracts by the Board. 12. Exercise of functions of the Board through its officers and servants. PART III. General Powers and Duties of the Board. 13. General powers of the Board. 14. Conferring of additional powers on the Board. 15. General duties of the Board. 16. Information by the Board. 17. Compulsory acquisition of land. 18. Redemption of purchase annuity payable to the Irish Land Commission out of land purchased by the Board. 19. Classification of merchandise. 20. Board's powers as to charges and as to terms and conditions of carriage of merchandise. 21. Abandonment of a railway line by the Board. 22. Power of the Board to make bye-laws. PART IV. Transfer to the Board of undertakings of Coras Iompair Eireann (1945) and the Grand Canal Company and Provisions enabling certain other transport undertakings to be transferred to the Board. Chapter I. Transfer to the Board of undertakings of Córas Iompair Éireann (1945) and the Grand Canal Company and compensation to holders of certain securities of those bodies. 23. Transfer to the Board of undertakings of dissolved undertakers. 24. Extinguishment of certain securities of dissolved undertakers. 25. Compensation to holders of certain securities of dissolved undertakers. Chapter II. Provisions Enabling Certain Other Transport Undertakings to be Transferred to the Board. 26. Arrangements for voluntary acquisition and operation of transport undertakings. 27. Transfer to the Board of certain functions of the Minister and the Commissioners of Public Works in Ireland under the Shannon Acts, 1839 to 1885. PART V. Finance. 28. Borrowing powers of the Board. 29. Transport stock. 30. State guarantee of temporary borrowings and transport stock. 31. Laying of particulars of guarantees before Houses of the Oireachtas. 32. Unclaimed interest on transport stock. 33. Redemption Fund. 34. Accounts and audit. PART VI. Staff of the Board. 35. Appointment of officers and servants of the Board. 36. Transfer of officers and servants of dissolved undertakers. 37. Meaning in sections 38, 39 and 40 of suffering a worsening of conditions of service by an officer or servant of the Board. 38. Provisions in relation to certain officers and servants of dissolved undertakers. 39. Compensation of certain officers and servants of the Board whose services are dispensed with or who are transferred to other positions consequential upon the cesser of train services. 40. Compensation to certain officers and servants of the Board whose services are dispensed with or who are transferred to other positions consequential upon cesser or reduction of services by inland waterway. 41. Determination of disputes in relation to compensation under section 38, 39 or 40. 42. Commutation of part of annual sums by way of compensation under section 38, 39 or 40. 43. The standing arbitrator. 44. Superannuation schemes. 45. Existing superannuation schemes. 46. Application of Section 55 of the Railways Act, 1924, and Sections 10 and 16 of the Railways Act, 1933. PART VII. Application of certain enactments to the Board. 47. General application of railway and canal enactments to the Board. 48. Application of Income Tax Acts to the Board. 49. Application of Railways (Valuation for Rating) Act, 1931. 50. Application of Road Transport Acts, 1932 and 1933. 51. Amendment of Section 7 of the Railway and Canal Traffic Act, 1854, in its application to the Board. 52. Non application of certain enactments to the Board. PART VIII. Cesser of Train Services and Release from Obligations to Keep Certain Canals Open for Navigation. 53. Interpretation of Part VIII. 54. The Transport Tribunal. 55. Obligations of Board to operate train services. 56. Release of the Board from obligation to keep certain canals or parts of canals open for navigation. PART IX. Miscellaneous Provisions. 57. Language of public notices and tickets. 58. Service of documents on the Board. 59. Penalty for trespass on railways of the Board. 60. Carriage of dangerous goods by rail. 61. Protection of ports. 62. Provisions as regards construction and maintenance of telegraphs. 63. Revision of existing agreements between the Minister for Posts and Telegraphs and Córas Iompair Éireann (1945) and determination of disputes between the said Minister and the Board. 64. Arrangements as respects the Dublin Junction Railways. 65. Cesser of powers of Board of Control of Royal Canal. PART X. Dissolution of Córas Iompair Éireann (1945) and the Grand Canal Company and Supplemental and Transitional Provisions. 66. Dissolution of the dissolved undertakers. 67. Exemption from stamp duties. 68. Pending proceedings and existing contracts. 69. Continuance of certain notices. 70. Provisions as to substituted stock. 71. Saving for existing rules and regulations. FIRST SCHEDULE. Enactments Repealed. SECOND SCHEDULE. Superannuation of members of the Board. THIRD SCHEDULE. Securities of Córas Iompair Eireann (1945) and the Grand Canal Company and transport stock to be substituted therefore. FOURTH SCHEDULE. Compensation of certain officers and servants of the dissolved undertakers and the Board. FIFTH SCHEDULE. Enactments not applying to the Board. SIXTH SCHEDULE. Provisions Relating to the Transport Tribunal. SEVENTH SCHEDULE. Transitory Provisions in Relation to the Dissolved Undertakers and the Board. Acts Referred to Transport Act, 1944 No. 21 of 1944 Great Southern Railways Company (Superannuation Scheme) Act, 1947 No. 21 of 1947 Railways Act, 1933 No. 9 of 1933 Local Government Act, 1946 No. 24 of 1946 Railways Act, 1924 No. 29 of 1924 Road Transport Act, 1932 No. 2 of 1932 Road Traffic Act, 1933 No. 11 of 1933 Insurance Act, 1936 No. 45 of 1936 Railways (Valuation for Rating) Act, 1931 No. 47 of 1931 Road Transport Act, 1933 No. 8 of 1933 Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923 Number 12 of 1950. TRANSPORT ACT, 1950. AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A TRANSPORT BOARD, TO SPECIFY ITS POWERS AND DUTIES, TO PROVIDE FOR THE TRANSFER TO THAT BOARD OF THE UNDERTAKINGS OF CORAS IOMPAIR EIREANN AND THE GRAND CANAL COMPANY, AND CERTAIN OTHER TRANSPORT UNDERTAKINGS, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [17th May, 1950.] 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, 1950. Interpretation. 2.—(1) In this Act— the expression “the Act of 1944” means the Transport Act, 1944 (No. 21 of 1944); the expression “the Board” means the board established by section 5; the expression “Córas Iompair Éireann (1945)” means the company incorporated on the 1st day of January, 1945, by section 9 of the Act of 1944; the expression “dissolved undertaker” means any body being— (a) Córas Iompair Éireann (1945), or (b) the Grand Canal Company; the word “enactment” includes any instrument made under an enactment; the expression “the establishment date” means the 1st day of June, 1950; the expression “inland waterway” includes any inland waterway, whether natural or artificial; the word “land” includes any easement, profit or right on or over land or land covered by water; the word “liability” includes an obligation; 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 “securities” includes any shares, stock, debentures or debenture stock; the expression “substituted transport stock” means transport stock mentioned in column (3) of the Third Schedule to this Act; the expression “transferred undertaking” means the undertaking of a dissolved undertaker; the expression “transport services” means transport services by railway, tramway, inland navigation, sea or road; the expression “transport stock” means stock created and issued by the Board under section 29; the expression “transport undertaker” means any undertaker operating a public transport service; the expression “transport undertaking” means the undertaking of a transport undertaker. (2) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment. (3) In this Act, a reference by number to a Part or section is to the Part or section of this Act bearing that number unless it is indicated that a reference to another Act is intended. Repeals. 3.—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 column (3) of that Schedule. Expenses. 4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART II. Coras Iompair Eireann. Establishment of Córas Iompair Éireann. 5.—(1) On the establishment date there shall, by virtue of this section, stand established a board to be called Córas Iompair Éireann, to fulfil the functions assigned to it by this Act. (2) The Board shall, by the name assigned to it by subsection (1) of this section, be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its said name and to purchase, take, hold and dispose of land and other property. (3) For the avoidance of doubts it is hereby declared that the use or occupation by the Board of any hereditament or tenement, within the meaning of the Valuation Acts, is not use or occupation of a public nature or for a public purpose, within the meaning of section 63 of the Poor Relief (Ireland) Act, 1838 , or section 16 of the Valuation (Ireland) Act, 1852 , or section 2 of the Valuation (Ireland) Act, 1854, or any other enactment conferring exemption from a rate leviable by local authorities generally or by a particular local authority or class of local authorities. Constitution of the Board. 6.—(1) (a) The Board shall consist of such number of members as the Government may from time to time appoint. (b) The Government shall so exercise their powers under paragraph (a) of this subsection that the number of members of the Board for the time being holding office is not less than three or more than seven. (2) The Chairman of the Board shall be that member of the Board who at the time of his appointment or subsequently is nominated by the Government as chairman. Provisions in relation to members of the Board. 7.—(1) (a) Every person appointed to be a member of the Board shall, unless he sooner dies, is removed from office, resigns or becomes disqualified, hold office for such period (not exceeding five years) as shall be fixed by the Government when appointing him. (b) A member of the Board whose term of office expires by effluxion of time shall be eligible for reappointment. (2) Every member of the Board shall hold office upon such terms and conditions (including the payment, out of the funds at the disposal of the Board, of remuneration and allowances for expenses) as shall be fixed by the Government at the time of his appointment. (3) The provisions (which relate to superannuation) set out in the Second Schedule to this Act shall apply in respect of members of the Board. (4) (a) The Government may at any time remove from office any member of the Board— (i) who has become incapable through ill-health of performing efficiently his duties as such member, or (ii) who has (otherwise than for a reason considered by the Government to be sufficient) been absent from all meetings of the Board during a period of six consecutive months. (b) If at any time it appears to the Government that the removal from office of any member of the Board is necessary in the public interest, the Government may remove such member from office. (c) If and whenever the Government remove from office under this subsection any member of the Board, the Government shall lay before each House of the Oireachtas a statement in writing of the fact of his removal from office and of the reasons for such removal. (5) A member of the Board may at any time resign his office as such member by letter addressed and sent to the Government. (6) (a) A member of the Board shall, within six months after his appointment, sell or otherwise dispose of any securities which he may hold for his own benefit, whether in his own name or in that of some other person, in any company carrying on a transport undertaking in the State and any transport stock which he may so hold, and it shall not be lawful for a member of the Board to purchase for his own benefit any securities in any such company or any transport stock. (b) If a member of the Board becomes entitled for his own benefit to any such securities as are mentioned in paragraph (a) of this subsection or to any transport stock, he shall sell or otherwise dispose of those securities or that stock within three months after the date on which he becomes entitled to have them transferred to him. (c) It shall be the duty of a member of the Board who is in any way, whether directly or indirectly, interested in any contract made or proposed to be made by the Board to disclose the nature of his interest at a meeting of the Board, and the disclosure shall be forthwith recorded in the minutes of the Board, and the member who is so interested shall not take part in any deliberation or decision of the Board with respect to that contract. (d) If any member of the Board— (i) fails to comply with, or acts in contravention of, any of the foregoing paragraphs of this subsection, or (ii) is adjudged bankrupt or makes a composition or arrangement with his creditors, or (iii) ceases to be ordinarily resident in the national territory, he shall be disqualified from holding, and shall cease to hold, office as a member of the Board. (7) (a) Where a person who is a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled, under the Standing Orders of that House, to sit therein, cease to be a member of the Board. (b) A person, who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, shall be disqualified from being a member of the Board. Seal of the Board. 8.—(1) The Board shall provide and have an official seal and such seal shall be authenticated by the signature of the chairman of the Board or some other member thereof authorised by the Board to act in that behalf and by the signature of an officer of the Board duly authorised by the Board to act in that behalf. (2) Every document purporting to be an order or other instrument made by the Board and to be sealed with the seal of the Board authenticated in accordance with this section shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown. Procedure of the Board. 9.—(1) At a meeting of the Board— (a) the chairman of the Board shall, if present, be chairman of the meeting, (b) if and as long as the chairman of the Board is not present or if the office of chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting. (2) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote. (3) The quorum for a meeting of the Board shall be such number (not less than three) as the Board may from time to time determine and in default of determination shall be three. (4) The Board may act notwithstanding a vacancy in its membership. (5) Subject to this section, the Board shall, by standing orders or otherwise, regulate the procedure and business of the Board. Exclusion of the Public Authorities Protection Act, 1893. 10.—The Public Authorities Protection Act, 1893, shall not apply to any action, prosecution or proceeding against the Board or in respect of any act, neglect or default by a servant or agent of the Board in his capacity as a servant or agent of the Board. Contracts by the Board. 11.—Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose. Exercise of functions of the Board through its officers and servants. 12.—The Board may exercise and perform any of its functions through or by any of its officers or servants authorised by the Board in that behalf. PART III. General Powers and Duties of the Board. General powers of the Board. 13.—(1) Subject to the provisions of this Act, the Board shall, within or without the State, have, in addition to any other powers vested in, or conferred on, it by any other provision of this Act, power— (a) to operate transport services, (b) to consign merchandise, (c) to enter into and carry out agreements or arrangements with any person carrying on business as a carrier of passengers or merchandise, providing for the carriage of passengers or merchandise by or on behalf of the Board and that other person under one contract or at a through charge or in the same vehicles or containers, whether belonging to the Board or not, (d) to store merchandise, whether or not that merchandise has been or is to be carried by the Board, (e) to carry on any hotel, place of refreshment or refreshment service which was carried on by either dissolved undertaker or by any other transport undertaker whose or part of whose transport undertaking is acquired by the Board under this Act and to provide both for its passengers and for other persons, living accommodation, places of refreshment (including hotels and restaurants) and refreshment services, (f) to provide such amenities and facilities for passengers and other persons as it may appear to the Board requisite or expedient to provide, (g) to carry on any activities (whether mentioned in any previous paragraph of this subsection or not) which have been carried on by either dissolved undertaker or by any other transport undertaker whose or part of whose transport undertaking is acquired by the Board under this Act, (h) to construct, manufacture, purchase, hire, let, maintain and repair anything required for the purpose of carrying passengers or merchandise by rail, road, sea or inland waterway or otherwise for the purposes of a transport undertaking, (i) to provide and equip stations, depots, garages, quays, wharves, jetties, harbours, workshops, offices and other buildings and port facilities, and carry out other works in connection with or for the purposes of its undertaking, (j) to provide, own, hire, let or use railway rolling stock, road vehicles, ships, barges, lighters, tugs, ferry boats and other vehicles or craft moved, propelled or drawn by mechanical, electrical, animal or other motive power and run and operate the same, (k) to buy land, or take land on lease or under any form of tenancy, (l) to make working agreements or arrangements for the provision by any person of transport services which the Board is required or authorised to provide, or for the provision by the Board of any transport services which any other person has power to provide, (m) to do anything for the purpose of advancing the skill of persons employed or to be employed by the Board or the efficiency of the equipment of the Board or of the manner in which that equipment is operated including the provision by the Board and the assistance towards the provision by others of facilities for training, education and research. (n) to establish and support, or aid in the establishment and support of, associations, clubs, institutions, funds, trusts and conveniences calculated to promote the welfare of its employees or ex-employees and the dependants or relatives of such employees or ex-employees, (o) to make payments towards insurance for the benefit of all or any of its employees or ex-employees or the dependants or relatives of such employees or ex-employees, (p) to subscribe or guarantee money for charitable or benevolent objects or for any institution or any public, general or useful object, (q) to do all such other things which in the opinion of the Board are calculated to facilitate the proper carrying on of the business of the Board. (2) For the avoidance of doubt it is hereby declared that subsection (1) of this section relates only to the capacity of the Board as a statutory corporation, and nothing in that subsection shall be construed as authorising the disregard by the Board of any enactment or rule of law. (3) The Board may dispose, whether absolutely or for a term of years or for any lesser period, of any property which in the opinion of the Board is not required by it for the discharge of its duties. (4) The provisions of this section shall not be construed as limiting any power of the Board conferred by or under any other provision of this Act. Conferring of additional powers on the Board. 14.—(1) The Minister may from time to time by order confer on the Board such powers (in addition to those conferred on it by section 13) as the Minister thinks proper and specifies in the order, and any such order may contain such incidental and supplementary provisions as the Minister thinks necessary or expedient for giving full effect to the order. (2) The Minister may by order revoke or amend any order made under this section (including this subsection). (3) Every order under this section shall be made with the consent of the Minister for Finance. (4) An order under this section shall not come into operation unless and until it is confirmed by resolution of each House of the Oireachtas, but shall as from the date of the passing of the later of such resolutions have statutory effect. General duties of the Board. 15.—(1) It shall be the general duty of the Board so to exercise its powers under this Act as to provide or secure or promote the provision of an efficient, economical, convenient and properly integrated system of public transport for passengers and merchandise by rail, road and water with due regard to safety of operation, the encouragement of national economic development and the maintenance of reasonable conditions of employment for its employees and for that purpose it shall be the duty of the Board to improve in such manner as it considers necessary transport facilities so as to provide for the needs of the public, agriculture, commerce and industry. (2) It shall be the duty of the Board so to conduct its undertaking as to secure, as soon as may be, that, taking one year with another, the revenue of the Board shall be not less than sufficient to meet the charges properly chargeable to revenue. (3) All the business carried on by the Board, whether or not arising from undertakings or parts of undertakings vested in or transferred to it under or by virtue of any provision of this Act shall form one undertaking. (4) Nothing in this section shall be construed as imposing on the Board, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject. Information by the Board. 16.—The Board shall furnish to the Minister such information as he may from time to time require regarding matters which relate to its activities, other than day-to-day administration, and which appear to him to affect the national interest. Compulsory acquisition of land. 17.—(1) The Minister may, if and whenever he thinks fit, on the application of the Board, by order (in this section referred to as an acquisition order) authorise the Board for the purpose of the exercise of its powers and duties to acquire compulsorily such land as may be specified in the order. (2) An acquisition order— (a) shall provide for the payment of compensation by the Board to the several persons having estates or interests in the land to which the order relates and shall provide that any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, and, for this purpose, the Board shall be deemed to be a public authority within the meaning of the said Act. (b) may incorporate all or any of the provisions of the Land Clauses Acts, with such modifications and adaptations as the Minister thinks proper. (3) An acquisition order shall have statutory force and effect. (4) Whenever the Minister proposes to make an acquisition order— (a) the Board shall publish, at such time or times and in such manner as the Minister directs, such notice as the Minister directs of the nature of the proposed order, (b) such notice shall contain an intimation that objections and representations in relation to the proposed order may be furnished in writing to the Minister during a specified period, (c) in making the order, the Minister shall have regard to the objections and representations (if any) furnished as aforesaid. (5) (a) Where an acquisition order is made in relation to any land, the Board may, subject to the subsequent provisions of this subsection and before conveyance or ascertainment of compensation, enter on and take possession of the land. (b) The Board shall not enter on or take possession of any land under paragraph (a) of this subsection without giving to the occupier thereof at least one month's or, in the case of an occupied dwelling house, three months' previous notice in writing of its intention. (c) A notice under paragraph (b) of this subsection may be given to any person by sending it by prepaid post in an envelope addressed to that person at his usual or last known address. (d) Where the Board in exercise of its powers under paragraph (a) of this subsection enters on and takes possession of any land any compensation payable in respect of that land to the person who would, from time to time be entitled to occupy it, if the Board had not exercised those powers, shall bear interest at the rate of three per cent. per annum from the date of entry until payment of the compensation. (6) Whenever the Minister proposes to make an acquisition order in relation to any land the Board shall furnish to the Irish Land Commission particulars of the land to which the proposed acquisition order relates. Redemption of purchase annuity payable to the Irish Land Commission out of land purchased by the Board. 18.—(1) In this section— the expression “the Land Commission” means the Irish Land Commission; the expression “purchase annuity” includes a reclamation annuity and an annual sum equivalent to a purchase annuity. (2) Whenever the Board buys in exercise of its powers or acquires under section 17 any land which is subject alone to a purchase annuity payable to the Land Commission, the Board shall, if so required by the Land Commission, forthwith redeem the purchase annuity under and in accordance with the Land Purchase Acts. (3) Whenever the Board buys in exercise of its powers or acquires under section 17 any land (in this subsection referred to as the purchased land) which is subject in conjunction with other land to a purchase annuity payable to the Land Commission— (a) the Land Commission may apportion the purchase annuity between the purchased land and the other land, (b) the Board shall, if so required by the Land Commission, forthwith redeem, under and in accordance with the Land Purchase Acts, the part of the purchase annuity so apportioned on the purchased land. Classification of merchandise. 19.—The Board may adopt such classification of merchandise for the purpose of the application thereto of rates of charges to be made in respect of the carriage of merchandise as the Board thinks fit. Board's powers as to charges and as to terms and conditions of carriage of merchandise. 20.—(1) In this section— the word “charges” includes fares, rates or tolls; the word “services” means any of the following— (a) the conveyance of passengers and their luggage, (b) the receiving, forwarding, carrying and delivering of merchandise, (c) any other transport service or facility; the expression “the railway classification of merchandise” means the classification of merchandise for the time being in force adopted by the Board for the purposes of the application of rates of charges to be made by the Board for the carriage of merchandise by rail; the expression “the canal classification of merchandise” means the classification of merchandise for the time being in force adopted by the Board for the purposes of the application of rates of charges to be made by the Board in respect of the carriage of merchandise by inland waterway. (2) The Board may fix, demand, take and recover such charges as the Board thinks fit for services provided by it. (3) Where the Board agrees with a trader for the carriage of his merchandise at charges which represent a reasonable commutation of the charges otherwise applicable to the merchandise of that trader carried by the Board, the Board may, notwithstanding anything contained in any enactment, make as regards the carrying of that trader's merchandise the charges so agreed. (4) (a) The Board shall keep for sale copies of the following:— (i) the railway classification of merchandise, (ii) the canal classification of merchandise, (iii) scales of charges made, in conjunction with the railway and canal classifications of merchandise, by the Board in respect of the carriage of merchandise by rail and inland waterway. (b) The Board shall keep for public inspection at its principal office copies of the following:— (i) the railway classification of merchandise, (ii) the canal classification of merchandise, (iii) scales of charges made, in conjunction with the railway and canal classifications of merchandise, by the Board in respect of the carriage of merchandise by rail and inland waterway. (c) The Board shall keep for public inspection at each depot owned by it at which merchandise is received for carriage by rail a copy of each of the following:— (i) the railway classification of merchandise, (ii) scales of charges made, in conjunction with the railway classification of merchandise, by the Board for the carriage of merchandise by rail from that depot. (d) The Board shall keep for public inspection at each depot owned by it at which merchandise is received for carriage by inland waterway, a copy of each of the following:— (i) the canal classification of merchandise, (ii) scales of charges made, in conjunction with the canal classification of merchandise, by the Board in respect of the carriage of merchandise by inland waterway from that depot. (5) (a) The Board may attach to the services afforded by it such terms and conditions as the Board thinks fit. (b) Any carriage of merchandise by rail by the Board which is in accordance with the terms and conditions contained in Statutory Rule and Order No. 13 of 1930 shall be deemed to be carriage of that merchandise under terms and conditions which are just and reasonable. (c) Unless otherwise specified in writing by the Board, all merchandise carried by the Board by rail shall be deemed to be carried subject to the terms and conditions contained in Statutory Rule and Order No. 13 of 1930. Abandonment of a railway line by the Board. 21.—(1) In this section— the expression “road authority” has the same meaning as in the Local Government Act, 1946 (No. 24 of 1946); the expression “railway line” includes a section of railway line; the expression “public road” means any road which a road authority is under a statutory obligation to maintain. (2) (a) Where— (i) an order has been made under section 9 of the Railways Act, 1933 (No. 9 of 1933), authorising the termination of all train services run over a specified railway line owned or operated by the Board, or (ii) an order has been made under section 55 exempting the Board from the obligation to operate a service of trains over a specified railway line or to restore any service of trains over a specified railway line which has been temporarily discontinued under the Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (S. R. & O., No. 354 of 1944), and the order relates to all services of trains over that specified railway line and is not expressed to be in operation for a specified period, then, the Board may, subject to this subsection, by order (in this section referred to as an abandonment order) declare its intention of abandoning that railway line. (b) An abandonment order shall operate as an authority to the Board to abandon the railway line to which the order relates. (c) The Board shall not make an abandonment order in relation to a railway line, unless at least one month before making the order, the Board— (i) has published, in the Iris Oifigiúil and in such newspapers, circulating in the district in which the railway line is situate, as the Board thinks proper, notice of its intention to make the order, and (ii) has served a notice of its intention to make the order on every road authority within whose functional area the railway line is situate. (d) Every abandonment order shall specify the date on which it is to come into force. (3) Where an abandonment order has been made in relation to a railway line, the following provisions shall have effect, that is to say:— (a) where the railway line has been carried over a public road by means of a bridge which the Board was, immediately before the date (in this subsection referred to as the operative date) on which the order comes into force, under a liability to maintain— (i) the Board shall, for the purposes of this paragraph, appoint a date (in this paragraph referred to as the appointed date) which shall not be earlier than twelve months after the operative date, (ii) the Board and the road authority, charged with the maintenance of the public road, may, before the appointed date, enter into an agreement for the removal or other method of dealing with the bridge (including, if necessary, either the restoration of the public road to like or other equally convenient state as it was in before it was interfered with by the makers of the railway line or the diversion of the public road) upon such terms and conditions as the parties thereto think fit, and, in that case, the liability (except such (if any) as may be imposed by the agreement) of the Board to maintain the bridge shall cease upon the execution of the agreement. (iii) if no such agreement is so executed, but the Board removes the superstructure of the bridge before the appointed date, then— (I) the liability of the Board to maintain the bridge shall cease as on and from the date of removal, and (II) the road authority shall, as on and from the date of removal, be liable to maintain so much of the bridge as remains after the removal of the superstructure, and (III) the Board shall pay to the road authority compensation for any expenses which the road authority may incur by reason of the liability so imposed on them; (iv) if no such agreement is so executed and if the superstructure of the bridge is not so removed, then— (I) the liability of the Board to maintain the bridge shall cease on the appointed date, and (II) the road authority shall, as on and from the appointed date, be liable to maintain the bridge, and (III) the Board shall pay to the road authority compensation for any expenses which the road authority may incur by reason of the liability so imposed on them; (b) where a public road has been carried over the railway line by means of a bridge which the Board was, immediately before the operative date, under a liability to maintain— (i) the Board shall, for the purposes of this paragraph, appoint a date (in this paragraph referred to as the appointed date) which shall not be earlier than twelve months after the operative date, (ii) the Board and the road authority charged with the maintenance of the public road may, before the appointed date, enter into an agreement for the removal or other method of dealing with the bridge (including, if necessary, either the restoration of the public road to like or other equally convenient state as it was in before it was interfered with by the makers of the railway line or the diversion of the public road) upon such terms and conditions as the parties thereto think fit, and, in that case, the liability (except such (if any) as may be imposed by the agreement) of the Board to maintain the bridge shall cease upon the execution of the agreement, (iii) if no such agreement is so executed, then— (I) the liability of the Board to maintain the bridge shall cease on the appointed date, and (II) as on and from the appointed date, the road authority shall be liable to maintain the bridge, and (III) the Board shall pay to the road authority compensation for any expenses which the road authority may incur by reason of the liability so imposed on them, (iv) references in this paragraph to the liability to maintain a bridge shall, in case the Board was immediately before the operative date under a liability to maintain any approaches (including the surface of a road, pavements, earthworks, fences, drains or works) to the bridge, be construed as references to the liability to maintain the bridge and those approaches; (c) if the railway line crosses on the level any public road, the Board shall, as soon as conveniently may be, remove the rails and do all such other things as may be necessary to render that part of the said public road on which the railway line crossed fit and safe for use by the public, and thereupon the liability of the Board to maintain the said part in repair shall cease; (d) the liability, imposed on the Board by section 68 of the Railways' Clauses Consolidation Act, 1845 , to maintain any works (other than bridges, arches or culverts over or under the railway line) of the kind mentioned in the said section 68 made, in pursuance of that section, for the accommodation of owners and occupiers of land adjoining the railway line shall as from the operative date cease, but the Board shall pay to any owner or occupier of land adjoining the railway line for the accommodation of whom any such works were made in pursuance of the said section 68 and which the Board was immediately before the operative date liable to maintain, compensation for all such injury or damage (if any) as he may sustain by reason of the cesser of the liability of the Board to maintain those works; (e) where any structure (being a bridge, arch or culvert which the Board was immediately before the operative date liable to maintain) was, in pursuance of section 68 of the said Railways' Clauses Consolidation Act, 1845 , made over or under the railway line for the accommodation of owners and occupiers of land adjoining the railway line— (i) if the Board, before the expiration of the period of twelve months commencing on the operative date, commence the following works, namely, the replacement of the said structure by a crossing on the level over the site of the abandoned railway and the rendering of the said crossing fit and safe for use, then, as from the completion of the said works, the liability of the Board shall cease and it shall not thereafter be under any obligation to maintain the said crossing in repair, (ii) if the Board does not before the expiration of the said period commence the said works— (I) the Board shall as on and from the expiration of the said period cease to be liable to maintain the said structure, (II) the Board shall pay to any owner or occupier of the land adjoining the railway line for the accommodation of whom the said structure was made compensation for all such injury or damage (if any) as he may sustain by reason of the cesser of the liability of the Board to maintain the said structure, (iii) where, immediately before the operative date, a right of way was exercisable over the said structure— (I) in case the Board, before the expiration of the period referred to in subparagraph (i) of this paragraph, commences the works referred to in the said subparagraph (i), then, as from the completion of the said works, a right of way similar to that which was exercisable over the said structure shall, by virtue of this subparagraph, be exercisable over the said crossing, and any person for the time being entitled thereto may do all such things as are reasonably necessary for keeping the said crossing fit and safe for use, (II) in any other case, the right of way over the said structure shall continue to be exercisable, and any person for the time being entitled thereto may do all such things as are reasonably necessary for keeping the said structure fit and safe for use. (4) Where compensation is payable by the Board to any person under this section— (a) the amount thereof shall, in default of agreement, be determined by an arbitrator to be appointed by the Minister, (b) the Minister shall, with the consent of the Minister for Finance, fix the remuneration of the said arbitrator and such remuneration shall be paid by the Board. (5) The arbitrator appointed to determine the compensation payable by the Board to any person under this section may having regard (amongst other matters) to any unconditional offer of compensation made by the Board and not accepted by that person or to any unconditional offer by that person, to accept a certain sum as compensation and not accepted by the Board by his award and at his discretion— (a) direct the Board to pay a sum (to be measured by the arbitrator) towards the costs and expenses of that person, or (b) direct that person to pay a sum (to be measured by the arbitrator) towards the costs and expenses of the Board, or (c) direct the Board and that person respectively to abide their own costs and expenses. (6) The Abandonment of Railways Act, 1850 , shall not apply to any railway line in respect of which an abandonment order is made. (7) Where an abandonment order has been made in respect of any railway line, the Board may sell the land under and adjoining such line either by private treaty to the owner of the land on both sides of such line or by public auction to any person, including such owner. (8) The functions of a road authority under this section shall— (a) in case the road authority is the corporation of a county borough, be a reserved function for the purposes of the enactments relating to that corporation, (b) in any other case, be a reserved function for the purposes of the County Management Acts, 1940 and 1942. Power of the Board to make bye laws. 22.—(1) The Board may make bye-laws for all or any of the following purposes:— (a) for regulating the times of arrival and departure of its vehicles or craft; (b) for regulating the loading and unloading of its vehicles or craft and, subject to any statutory provisions in that behalf, the weights which its vehicles and craft are to carry; (c) for regulating the receipt and delivery of merchandise and other things which are to be carried on its vehicles or craft; (d) for preventing the commission of nuisances in or upon its vehicles or craft or the stations, depots or other premises occupied by the Board; (e) for maintaining order in and regulating the use of the stations, depots or other premises occupied by the Board and the approaches thereto; (f) for any purpose for which either dissolved undertaker had, immediately before the establishment date, power to make bye-laws; (g) for providing for the safe custody and re-delivery or disposal of any property found on or in any premises, vessels or vehicles belonging to the Board and for fixing the charges to be made by the Board in respect thereof; (h) generally for regulating, subject to any statutory provisions in that behalf, the travelling upon or using of its vehicles or craft and the working of the transport services provided by the Board. (2) The Board shall submit to the Minister for confirmation any bye-laws made by it under this section, and thereupon the following provisions shall have effect:— (a) the Board shall, as soon as conveniently may be after the submission, publish a notice of the submission at least once in each of two successive weeks in each of the daily morning newspapers published in and circulating in the State; (b) the notice shall include— (i) a statement of the purposes for which the bye-laws are made, and (ii) an intimation that a copy of the bye-laws is open for public inspection at the principal office in the State of the Board, and (iii) an intimation that any person may submit to the Minister objections to the confirmation of the bye-laws at any time during the period of thirty days commencing on the date of the first publication of the notice; (c) the Board shall, during the said period of thirty days, keep a copy of the bye-laws open for public inspection during ordinary office hours at its principal office aforesaid; (d) any person who objects to the confirmation of the bye-laws may, at any time during the said period of thirty days, submit his objections in writing to the Minister; (e) the Minister shall, as he thinks proper, refuse to confirm the bye-laws or by order confirm the bye-laws without modification or with such modifications as he thinks proper and inserts in the bye-laws, but, if he approves (with or without modification) of the bye-laws he shall not do so until the expiration of the said period of thirty days and until he has considered any objections to the confirmation submitted to him during that period. (3) Bye-laws made by the Board under this section shall come into operation if, but only if, they are confirmed by order under this section, and if they are so confirmed, the day on which they shall come into operation shall be the day specified in that behalf in the order confirming them. (4) Where a person contravenes a provision of bye-laws made under this section which is stated in the bye-laws to be a penal provision, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. (5) Bye-laws made under this section which have been confirmed by order under this section shall be published in such manner as the Minister may direct. (6) Bye-laws made under this section shall not prejudice or affect the operation of any bye-laws made under or in pursuance of any statutory provisions by any harbour or sanitary authority. (7) A document which purports to be a copy of bye-laws made under this section and which has endorsed thereon a certificate (purporting to be signed by an officer of the Board authorised in that behalf) stating that the document is a true copy of the bye-laws and that the bye-laws were in force on a specified date shall, without proof of the signature of such officer or that he was in fact such officer or was so authorised, be evidence (until the contrary is proved) in every court and in all legal proceedings of the bye-laws and of the fact that they were in force on the date so specified. (8) (a) In this subsection the expression “former transport company” means any company being— (i) an absorbed company or an amalgamated company, within the meaning of the Railways Act, 1924 (No. 29 of 1924), (ii) a dissolved company, within the meaning of the Act of 1944, or (iii) either dissolved undertaker. (b) All bye-laws made by any former transport company and which are in force immediately before the establishment date shall, on and after the establishment date, continue in force and be deemed to have been made under this section and shall be capable of being amended or revoked by bye-laws made under this section. (9) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House of the Oireachtas within the next twenty-one days upon which that House has sat after the order has been laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. (10) Section 127 of the Road Traffic Act, 1933 (No. 11 of 1933), shall not apply to property left in public service vehicles owned or operated by the Board. PART IV. Transfer to the Board of undertakings of Coras Iompair Eireann (1945) and the Grand Canal Company and Provisions enabling certain other transport undertakings to be transferred to the Board. Chapter I. Transfer to the Board of undertakings of Córas Iompair Éireann (1945) and the Grand Canal Company and compensation to holders of certain securities of those bodies. Transfer to the Board of undertakings of dissolved undertakers. 23.—(1) On the establishment date the undertaking of each dissolved undertaker shall, by virtue of this section, be transferred to and stand vested in the Board. (2) The transfer effected by this section shall extend to the whole of the undertaking of each dissolved undertaker, including all lands, works, and other property, assets, powers, rights and privileges held or enjoyed in connection therewith or appertaining thereto. (3) (a) Subject to the provisions of this Act the Board may exercise and enforce all rights, powers and privileges which were, immediately before the establishment date, vested in either dissolved undertaker. (b) The Board shall not by virtue of this subsection be entitled to exercise any powers of raising money which immediately before the establishment date were exercisable by either dissolved undertaker. (4) (a) Subject to the provisions of this Act the Board shall, to the exclusion of either dissolved undertaker, be subject to all liabilities whether arising by statute or otherwise, to which that dissolved undertaker was subject immediately before the establishment date. (b) The Board shall not by virtue of this subsection be subject to any liability in respect of any security of either dissolved undertaker in substitution for which transport stock is issued under this Act. (5) (a) On the establishment date, every licence to which this subsection applies and which was immediately before the establishment date held by either dissolved undertaker shall, by virtue of this Act, be transferred to the Board and shall, on and after the establishment date, have effect as if the name of the Board were substituted therein for that of such dissolved undertaker. (b) This subsection applies to— (i) any licence taken out under section 13 of the Finance Act, 1920 , in respect of a mechanically propelled vehicle, (ii) any passenger licence granted under the Road Transport Act, 1932 (No. 2 of 1932), (iii) any merchandise licence granted under the Road Transport Act, 1933 (No. 8 of 1933), (iv) any public service vehicle licence granted under the Road Traffic Act, 1933 (No. 11 of 1933). Extinguishment of certain securities of dissolved undertakers. 24.—On the establishment date the several securities of the dissolved undertakers mentioned in column (2) of the Third Schedule to this Act shall, by virtue of this section, be extinguished. Compensation to holders of certain securities of dissolved undertakers. 25.—(1) (a) Subject to paragraph (b) of this subsection, each person, who was immediately before the establishment date the registered holder of any security described in column (2) of the Third Schedule to this Act at a particular reference number, shall, for each one hundred pounds of that security 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 Schedule at that reference number, of the transport stock mentioned in column (3) of the said Schedule at that reference number, and so in proportion for amounts greater or less than one hundred pounds, in lieu of and in exchange for the amount of that security held by him. (b) No person shall, by the operation of paragraph (a) of this subsection, be entitled to the issue of a fractional part of a pound of transport stock and, where but for this paragraph, a person would be so entitled, the Board shall pay him in cash the par value of the fractional part. (2) The transport stock mentioned in column (3) of the Third Schedule to this Act is in this Act referred to as substituted transport stock. Chapter II. Provisions Enabling Certain Other Transport Undertakings to be Transferred to the Board. Arrangements for voluntary acquisition and operation of transport undertakings. 26.—(1) Subject to the provisions of this section, the Board and any person (in this section referred to as the transferor) carrying on any transport undertaking wholly or partly within the State or providing transport facilities outside the State in connection with transport facilities within the State may, with the approval of the Minister and notwithstanding anything to the contrary contained in any enactment, deed or instrument, enter into an arrangement providing for the acquisition or operation or the acquisition and operation by the Board on such terms as may be agreed upon of the whole of the undertaking of the transferor or such part of that undertaking as may be specified in the arrangement. (2) An arrangement under subsection (1) of this section shall not come into operation unless and until it has been confirmed by resolution of each House of the Oireachtas, but shall as from the date of the passing of the later of such resolutions have statutory effect, and as from that date the Board and the transferor shall have all such powers as may be necessary for carrying the arrangement into effect. (3) An arrangement under subsection (1) of this section may, without prejudice to anything contained in subsection (1) or (2) of this section— (a) provide for the payment by the Board of such consideration (whether in cash or otherwise) in respect of the vesting in the Board of the whole or such part of the undertaking as may be specified in the arrangement and may for the purposes of such vesting or of the payment or distribution of such consideration or otherwise for the purposes of giving effect to the arrangement, apply to the transferor and to the undertaking of the transferor with such modifications and exceptions as may be specified in the arrangement, any of the provisions of this Act relating to or affecting either dissolved undertaker or the Board or the undertaking of that dissolved undertaker or of the Board, (b) include provisions transferring and, where part only of an undertaking is to be acquired or operated by the Board, apportioning or severing rights, powers, liabilities, obligations and duties, (c) adapt, modify or repeal any statutory provision, contract, deed or other instrument whatsoever relating to any relevant part of the undertaking of the transferor, (d) make any incidental, supplemental or transitional provision in connection with the arrangement. (4) An arrangement under subsection (1) of this section, if and in so far as it affects any rights of the Minister for Posts and Telegraphs, shall be made with the consent of that Minister. (5) An arrangement under subsection (1) of this section may be supplemented or modified by a supplemental arrangement made and confirmed in like manner as the original arrangement. Transfer to the Board of certain functions of the Minister and the Commissioners of Public Works in Ireland under the Shannon Acts, 1839 to 1885. 27.—(1) In this section— the expression “the Acts” means the Shannon Acts, 1839 to 1885, as amended or adapted by or under subsequent enactments; the expression “the Commissioners” means the Commissioners of Public Works in Ireland; the word “functions” includes powers and duties; the word “property” means lands, tenements, hereditaments, works and all other property (including securities and choses in action) of every kind whatsoever. (2) The Government may by order transfer to the Board all or any of the functions conferred or imposed by the Acts or otherwise on the Minister or the Commissioners in relation to the care and conservancy of the navigation or drainage of the River Shannon or any tributary thereof or of works constructed for the improvement of such navigation or drainage and any such order may transfer all or any of such functions in relation either to the whole or any particular parts of the said river or any tributary thereof. (3) (a) Where any functions are transferred to the Board by an order under this section, the Government may by the same or any subsequent order transfer to and vest in the Board all or any part of the property which immediately before the making of the order was vested in or held by the Commissioners under the Acts or otherwise and used by them for the purpose or in connection with the exercise or performance of the functions so transferred or for the purpose of providing revenue for the exercise or performance of the functions so transferred. (b) A transfer of property made by virtue of this subsection shall not extend to— (i) the several eel weir fisheries in the River Shannon comprising one weir at Athlone and two weirs at Castleconnel, as shown in the rental property book in the Shannon Navigation Office, and all weirs and works connected with same and the right of fishing therein, or (ii) the several eel weir fishery in the River Shannon at Killaloe, as shown in the said rental property book, and the weir and works connected with the said fishery. (c) Where any property is transferred to the Board under this subsection that property shall vest in the Board for all the estate or interest therein which immediately before the transfer was vested in the Commissioners or belonged to the State. (4) (a) Whenever any functions are transferred to the Board by an orde …