Railways Act, 1924

• Jurisdiction: Ireland
• Citation: IR No. 29/1924
• Year: 1924

No. 29 of 1924.
RAILWAYS ACT, 1924.
ARRANGEMENT OF SECTIONS
PRELIMINARY
Definitions
Section 1. Definitions.
PART I
Re-organisation of Railway System
2. Amalgamation of railways. 3. Preparation and settlement of the amalgamation scheme. 4. Provisions to be contained in the amalgamation scheme. 5. Preparation and approval of absorption schemes. 6. Provisions to be contained in absorption schemes. 7. Saving as to transfer of liability in certain cases. 8. Provisions as to determination of terms and conditions of amalgamation or transfer. 9. Supplementary provisions as to schemes. 10. Preliminary scheme. 11. Power of trustees to invest in securities of amalgamated company. 12. Employees of Irish Railway Clearing House.
PART II
Establishment of Railway Tribunal
13. Constitution of the railway tribunal. 14. Qualification of members of railway tribunal. 15. Appointment of officers and payment of expenses of railway tribunal. 16. Members of railway tribunal not to hold shares in any transport undertaking. 17. Additional and temporary members of tribunal. 18. General powers of the railway tribunal. 19. Procedure and fees. 20. Sittings. 21. Decisions to be by a majority of the members present. 22. Appeals. 23. Transfer of functions of Railway and Canal Commission.
PART III
Railway Charges
24. Existing charges. 25. Preliminary revision.
Classification of Merchandise
26. Classification.
Standard Charges
27. Submission of schedules. 28. Settlement of schedules. 29. Obligation to charge standard charges. 30. Protection of ports. 31. Charges of non-amalgamated companies. 32. Repeal of existing provisions. 33. Subsequent modifications of standard charges.
Exceptional Charges
34. Provisions as to existing exceptional rates. 35. New exceptional rates. 36. Variation of exceptional rates. 37. Review of competitive exceptional rates. 38. Disintegration of exceptional rates. 39. Exceptional fares.
Conditions of Carriage
40. Submission of proposed conditions. 41. Settlement by tribunal. 42. Conditions on which merchandise is to be carried. 43. Alteration of conditions.
Miscellaneous Provisions as to Charges
44. Owner's risk rates. 45. Minimum charges. 46. Collection and delivery charges. 47. Dangerous goods. 48. Publication of schedules of standard charges, etc. 49. Miscellaneous provisions as to rates. 50. Additional functions of railway tribunal. 51. Amendments of certain Acts. 52. Interpretation of expressions used in Part III.
Adjustment of Charges to Revenue
53. Adjustment of charges to revenue. 54. Periodical review of standard charges and exceptional charges.
PART IV
Wages and Conditions of Service
55. Regulation of conditions of service of railway employees. 56. Appointment to clerical grades. 57. Preparation of scheme for superannuation fund.
PART V
Regulation of Railways
58. Power to make orders as to working. 59. Power to make orders as to acquisition of land, etc. 60. Power to confirm agreements for the purchase, lease or working of railways. 61. Agreements.
PART VI
Baronially Guaranteed Railways
62. Meaning of certain expressions. 63. Provisions in respect of baronial guarantees. 64. Baronial railways vested in county councils.
PART VII
General
65. Provision for applications by public authorities in certain cases. 66. Notices, etc. 67. Service of documents on amalgamated company. 68. Language of public notices and tickets. 69. Accounts, returns and statistics. 70. Names and addresses of share holders. 71. Enactments which are not to apply to amalgamated company. 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.
	(2) For the purposes of this Act the Arigna Colliery Extension Railway, the Athy-Wolfhill Colliery Railway, and the Castle-comer Railway shall on the 1st day of January, 1925, or such earlier or later date as the railway tribunal after consultation with the Minister may fix, be absorbed by the amalgamated company on terms to be agreed with the owners of those railways or, in default of such agreement, on terms to be decided by the railway tribunal.
	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.
	(2) The Minister shall refer to the railway tribunal any scheme so submitted to him, and the tribunal, unless it appears to them that the scheme does not conform with the requirements of this Act or that the provisions of this Act relating to the procedure preliminary to the submission of an agreed scheme have not been complied with, shall confirm the scheme.
	(3) If the amalgamating companies fail to submit an agreed amalgamation scheme framed in accordance with the provisions of this Act on or before the said date, a scheme for the amalgamation of those companies shall be prepared and settled in accordance with this Act by the railway tribunal.
	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...