Transport Act, 1950 (Additional Powers) Order, 1955.

• Jurisdiction: Ireland
• Citation: IR SI 214/1955
• Year: 1955

S.I. No. 214 of 1955.
TRANSPORT ACT, 1950 (ADDITIONAL POWERS) ORDER, 1955.
ARRANGEMENT OF ARTICLES.
1. Short title.
2. Definitions.
3. Deposit of plans and sections and book of reference.
4. Power to make railway.
5. Period for completion of railway.
6. Gauge.
7. Motive Power.
8. User of railway.
9. Opening of railway.
10. Application of Railways' Clauses Consolidation Act, 1845 and the Railways' Clauses Act, 1863.
11. Construction of the railway across roads.
12. Regulation of working of the railway across roads.
13. Gates or chains at level crossings.
14. Repair by Board of roads across which railway is laid.
15. Power of Board to break up roads.
16. Restoration of roads opened or broken up by the Board.
17. Non-interference with traffic along roads.
18. Restrictions on rights of the Board as regards roads.
19. Maintenance of the railway across roads.
20. Indemnity of the County Council by the Board.
21. Agreements between the Board and the County Council.
22. Right of County Council to open roads.
23. Protection of telegraphic lines.
24. Protection of Electricity Supply Board.
25. Protection of State Property.
26. Expenses of the Minister.
27. Saving for General Acts relating to railways.
S.I. No. 214 of 1955.
TRANSPORT ACT, 1950 (ADDITIONAL POWERS) ORDER, 1955.
I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 14 of the Transport Act, 1950 (No. 12 of 1950), with the consent of the Minister for Finance, hereby order as follows :—
	1 Short Title.	1. This Order may be cited as the Transport Act, 1950 (Additional Powers) Order, 1955.
	2 Definitions.	2. In this Order :—
" the Board " means Córas Iompair Éireann ;
" the Minister " means the Minister for Industry and Commerce ;
" the Townlands " means the Townlands of Rossbrien, Dooradoyle, Ballykeeffe, Skehacreggaun, Bunlicky and Castlemungret in the Barony of Publebrien and the County of Limerick ;
" the Works " means the works authorised by this Order ;
" the County Council " means the Council of the County of Limerick ;
" road " means any public road and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall (where such fence, railing or wall was erected by or is liable to be maintained by the County Council) forming part thereof ;
" the railway " means the railway authorised by this Order ;
" mechanical power " means electrical and any other motive power not being animal power;
" the deposited plans " and " the deposited book of reference " mean respectively the copies of the plans and sections and the copy of the book of reference deposited with the County Registrar of the County of Limerick as hereinafter provided.
	3 Deposit of Plans and sections and book of reference.	3. The Board shall deposit with the County Registrar of the County of Limerick as soon as possible after the making of this Order true copies of the plans and sections and the book of reference to such plans and sections which accompanied the application for this Order.
	4 Power to make railway.	4. Subject to the provisions of this Order, the Board may, within the Townlands, lay down, make and maintain in the lines and according to the levels shown on the deposited plans, the railway and railway line hereinafter described with all proper sidings, junctions, rails,plates, works and conveniences connected therewith and may use such of the lands delineated on the deposited plans and described in the deposited book of reference as may be required for such purposes, that is to say :—
A railway of 3·01 miles approximately in total length commencing in the Townland of Rossbrien at a point on the railway from Limerick to Patrickswell about 0·12 of a mile south of the level crossing on the road from Ballinacurra to Rossbrien, running thence in a westerly direction through the Townland of Rossbrien and the Townland of Dooradoyle to a point about 0·25 of a mile inside the Townland of Dooradoyle, where it turns in a north-westerly direction to cross the road from Limerick to Croom at a point about 0·08 of a mile south of the Ballinacurra Road bridge over the Ballynaclogh river, thence continuing in a south-westerly direction through the Townland of Ballykeeffe for a distance of about 0·45 of a mile and thence in a westerly direction through the same Townland for a distance of about 0·26 of a mile, and in a north-westerly direction through the same Townland into the Townland of Skehacreggaun and through that Townland to cross the road from Limerick to Foynes at a point about 0·11 of a mile south west of the boundary of the Townland of Bunlicky, thence in a south-westerly direction through the Townlands of Bunlicky and Castlemungret and finally turning north-west into the property of Irish Cement Ltd., in the Townland of Castlemungret.
	5 Period for completion of railway.	5. The Board shall complete and finish, ready for use, the railway and the proper equipment for working the same within two years from the date of this Order or such further period not exceeding one year as the Minister may allow, and on the expiration of the said period of one year or such further period as may be allowed, the powers by this Order granted to the Board for executing the same or otherwise in relation thereto shall cease except a to so much thereof as shall then be completed.
	6 Gauge.	6. The gauge of the railway shall be 5 feet 3 inches.
	7 Motive power.	7. Subject to the provisions of this Order, the Board may work the railway by mechanical power or animal power.
	8 User of railway.	8. The railway shall form part of the undertaking of the Board and may be used by the Board for any purpose connected with the powers and duties of the Board.
	9 Opening of railway.	9. No part of the railway shall be opened for traffic until the railway has been inspected and certified to be fit for traffic by an Inspector duly appointed by the Minister under the Regulation of Railways Act, 1871.
	10 Application of Railways' Clauses Consolidation Act, 1845 and the Railways' Clauses Act, 1863.	10.—(1) Sections 7 to 16, sections 18 to 24, sections 30 to 45, sections 53 to 58 and sections 68 to 76 of the Railways' Clauses Consolidation Act, 1845, shall (except where inconsistent with any other Article of this Order) apply in respect of the railway subject to the following modifications, that is to say :—
(a) reference to the Company shall be construed as reference to the Board ;
(b) reference to the Special Act shall be construed as reference to this Order ;
(c) in section 7—
(i) reference to the plans or books of reference mentioned in the Special Act shall be construed as reference to the deposited plans or the deposited book of reference ;
(ii) the reference to two Justices shall be construed as a reference to the Minister ;
(d) reference in sections 7, 8, 9 and 10 to clerks of the peace or postmasters shall be construed as reference to the County Registrar for the County of Limerick ;
(e) references in sections 8 and 9 to the original plan and section as shall have been approved of by Parliament and to the original plan and section shall be construed as references to the deposited plans ;
(f) in section 11—
(i) the reference to the common datum line described in the section approved of by Parliament shall be construed as a reference to the common datum line described in the deposited plans ;
(ii) the reference to the consent of two or more Justices of the Peace in Petty Sessions assembled for the purpose and acting for the District in which a street or public highway may be situated shall be construed as a reference to the Minister ;
(iii) the second proviso shall not apply ;
(g) references in section 14 to the said plan or section shall be construed as references to the deposited plans ;
(h) the reference in section 15 to the plan so deposited and the books of reference shall be construed respectively as reference to the deposited plans and book of reference ;
(i) in section 16—
(i) the references to the said plans shall be construed as a reference to the deposited plans ;
(ii) the reference to the said books of reference shall be construed as a reference to the deposited book of reference ;
(j) in lieu of the provisions of section 44 for determining the amount of compensation in the cases mentioned therein such compensation shall be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), in like manner in...