Transport act, 1950

Enactment Date17 May 1950
Act Number12


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...

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