Transport Act, 1963

• Jurisdiction: Ireland
• Citation: IR No. 17/1963
• Year: 1963

Number 17 of 1963.
TRANSPORT ACT, 1963.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Application for railway works order. 3. Deposit of draft order, plan and book of reference and notice of application. 4. Fees on application. 5. Local inquiry into application for railway works order. 6. Grant of railway works order. 7. Provisions in relation to railway works order. 8. Amendment of railway works order. 9. Effect of railway works order. 10. Expenses of Minister in exercise of powers under a railway works order. 11. Validation of certain orders. 12. Borrowing powers of Board. 13. Advances to Board by the Minister for Finance. 14. Compensation for employees of Company whose services are dispensed with or conditions worsened. 15. Continuance of superannuation benefits for persons transferred from Board to Company. 16. Restriction on alteration of memorandum and articles of association of Company. 17. Application of sections 16 and 34 of Act of 1950 to Company. 18. Abandonment of railways. 19. Amendment of section 14 of Act of 1958. 20. Amendment of section 17 of Great Northern Railway Act, 1958. 21. Amendment of Second Schedule to Act of 1958. 22. Short title.
Acts Referred to Transport Act, 1950 1950, No. 12 Transport Act, 1958 1958, No. 19 Public Offices Fees Act, 1879 1879, c. 58 Acquisition of Land (Assessment of Compensation) Act, 1919 1919. c. 57 Transport Act, 1950 (Additional Powers) Order, 1955 1955, S.I. No. 214 Transport Act, 1950 (Additional Powers) Order, 1959 1959, S.I. No. 192 Transport Act, 1955 1955, No. 25 Great Northern Railway Act, 1958 1958, No. 20
Number 17 of 1963.
TRANSPORT ACT, 1963.
AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT. [9th July, 1963.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Definitions.	1.—In this Act—
	“the Act of 1950” means the Transport Act, 1950 ;
	“the Act of 1958” means the Transport Act, 1958 ;
	“the Board” means Córas Iompair Éireann;
	“the Company” means Ostlanna Iompair Éireann Teoranta;
	“the Minister” means the Minister for Transport and Power;
	“railway works order” means an order made under section 6 of this Act;
	“railway works” means any works being a railway, a tramway or a light railway or any part of a railway, a tramway or a light railway.
	Application for railway works order.	2.—(1) The Board may apply to the Minister for a railway works order authorising the Board to construct, maintain, operate, alter and extend railway works of a particular kind.
	(2) Every application for a railway works order shall be accompanied by—
	(a) a draft of the proposed order,
	(b) a plan of the proposed railway works, and
	(c) a book of reference to the plan,
	and the draft, plan and book of reference shall be in such form as the Minister may direct.
	Deposit of draft order, plan and book of reference and notice of application.	3.—(1) Whenever an application is made for a railway works order the Board shall, as soon as may be, do the following things, that is to say:—
	(a) deposit and keep deposited, at the place or each of the places appointed by the Minister, a copy of the draft order, the plan and the book of reference to the plan which accompanied the application;
	(b) publish, in such newspaper or newspapers as the Minister may direct, a notice (which states that objections and representations in relation to the proposed order may be furnished in writing to the Minister during a specified period) of the making of the application and of the deposit of a copy of the draft order, plan and book of reference and of the place or places of the deposit;
	(c) send to the Commissioners of Public Works in Ireland, the Irish Land Commission and such persons (if any) as the Minister may direct a copy of the draft order, plan and book of reference.
	(2) Any person may inspect at all reasonable hours the copy of any draft order, plan or book of reference deposited under this section.
	Fees on application.	4.—(1) There shall be paid to the Minister on every application for a railway works order such fee (if any) as the Minister, with the consent of the Minister for Finance, may fix.
	(2) The following provisions shall have effect in relation to all fees payable under this section, that is to say:—
	(a) the fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance;
	(b) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.
	Local inquiry into application for railway works order.	5.—(1) (a) Where an application is made to the Minister for a railway works order, the Minister may, if he thinks fit, direct a public inquiry to be held into the application in the locality in which it is proposed to construct the railway works the subject of the application.
	(b) Where the Minister directs a public inquiry to be held into an application for a railway works order, he shall appoint a person to hold the inquiry, and the Board, every owner, lessee and occupier of the land on or over which it is proposed to construct the railway works the subject of the application, every local authority within whose area the works are intended to pass, and every other person who, in the opinion of the person holding the inquiry, is substantially interested in the subject matter of the inquiry shall be entitled to appear and be heard at the inquiry.
	(2) Evidence given before a person appointed to hold an inquiry under this section shall, if the person so requires, be given on oath (which the person is hereby empowered to administer) and any person who gives false evidence before any such person shall be guilty of perjury and punishable accordingly.
	Grant of railway works order.	6.—Where the Minister, after consideration of an application for a railway works order and, in case an inquiry was held under section 5 of this Act into the application, the report of the person who held it, and after consultation with the Minister for Local Government, and having had regard to the objections and representations (if any) furnished in accordance with the terms of the notice under section 3 of this Act, is of opinion that the application should be granted, he shall make an order authorising the Board to construct, maintain and operate the railway works specified in the order in such manner, subject to such restrictions and provisions and on such terms and conditions as the Minister thinks proper and specifies in the order.
	Provisions in relation to railway works order.	7.—The following provisions shall have effect in relation to a railway works order, that is to say:—
	(a) the order shall contain such provisions as the Minister thinks necessary or expedient for the purpose of the order;
	(b) without prejudice to the generality of paragraph (a) of this subsection—
	(i) the order may contain provisions authorising the Board to acquire compulsorily any land the acquisition of which is, in the opinion of the Minister, necessary for giving effect to the order,
	(ii) the order may grant to the Board any rights in or over land or water, or, subject to the consent of the Minister for Local Government, in or over any public road, the grant of which is, in the opinion of the Minister, necessary for giving effect to the order,
	(iii) the order shall, in respect of any land so acquired or any right over land or water so granted, provide for the payment of compensation by the Board to the several persons having estates or interests in the land or water, 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,
	(iv) the order may incorporate all or any of the provisions of the Lands Clauses Acts, with such modifications and adaptations as the Minister thinks proper,
	(v) the order shall specify the manner in which the railway works to which the order relates are to be constructed,
	(vi) the order may fix the period within which the construction of the railway works is to be completed,
	(vii) the order may contain provisions as to the manner in which the railway works are to be operated and maintained,
	(viii) the order shall contain all such provisions as the Minister thinks proper for the protection of the public generally and any persons affected by the order,
	(ix) the order may provide that where the Board acts in contravention (whether by commission or omission) of any specified provision of the order, the Board shall be guilty of an offence under the order and shall be liable on summary conviction thereof to such fine (not exceeding one hundred pounds) as may be specified in the order in respect of the offence and, in the case of a continuing offence, such further fine (not exceeding twenty pounds) as may be specified in the order in respect of the offence for each day during which the offence is continued after conviction thereof,
	(x) the order may incorporate any provisions (including penal provisions) contained in any enactment relating to railways, with such adaptations and modifications as the Minister thinks proper,
	(xi) the order may contain provisions authorising the Board at any time before conveyance of, or ascertainment of price or compensation for, land being compulsorily acquired by the...