RAILWAYS ACT, 1924

• (4) On and after the appointed day the amalgamated company shall for a period of ten years keep open for inspection at its head office, the books, schedules, or other papers specifying the rates, charges, and conditions of transport in use on the 1st day of January, 1916, upon the several railways owned or worked by the amalgamating and absorbed companies, and shall, upon demand and upon payment of a reasonable charge, supply copies of or extracts from such books, schedules and papers.

• (5) If the amalgamated company fails to comply with the provisions of this section it shall, for each offence, and in the case of a continuing offence for every day during which the offence continues, be liable on summary conviction to a fine not exceeding, five pounds.

49 Miscellaneous provisions as to rates.

49.—The provisions contained in the Sixth Schedule to this Act (being provisions similar to those now contained in the various railway rates and charges orders) shall, as from the appointed day, apply to the amalgamated company.

50 Additional functions of railway tribunal.

50.—The railway tribunal shall, in addition to any other powers conferred upon it under this Part of this Act, have power to determine after hearing all parties interested and desirous of being heard any questions that may be brought before it in regard to the following matters:—

• (a) the alteration of the classification of merchandise, or the alteration of the classification of any article, or the classification of any article not at the time classified, or any question as to the class in which any article is classified;

• (b) the institution, variation, or cancellation of through rates;

• (c) the institution of new, and the continuance, modification, or cancellation of existing group rates;

• (d) the variation of any toll payable by a trader;

• (e) the amount to be allowed for any terminal services not performed at a station, or for accommodation and services in connection with a private siding not provided or performed at that siding;

• (f) the reasonableness or otherwise of any charge made by the amalgamated company for any services or accommodation for which no authorised charge is applicable;

• (g) the reasonableness or otherwise of any conditions as to packing of articles specially liable to damage in transit or liable to cause damage to other merchandise;

• (h) the articles and things that may be conveyed as passengers' luggage;

• (i) the constitution of local joint committees representing traders and the amalgamated company and their functions and the centres at which they are to be established.

51 Amendments of certain Acts.

51.—(1) As from the appointed day the Acts mentioned in the Seventh Schedule to this Act shall, in their application to the amalgamated company, have effect subject to the amendments specified in the third column of that schedule.

• (2) Where any existing special Act relating to any amalgamating or absorbed company does not incorporate a section of any of the Railways Clauses Acts which is amended or repealed by the said schedule but contains provisions corresponding to such section, the like amendment or repeal shall be made of such corresponding provision as is made by the said schedule of the section of the Railways Clauses Act.

• (3) For the purpose of the application of sub-section (5) of section 1 and section 2 of the Harbours, Docks and Piers (Temporary Increase of Charges) Act, 1920, to the Orders specified in the Third Schedule to the Statutory Undertakings (Continuance of Charges) (No. 2) Act, 1923 (No. 16 of 1923), pursuant to sub-section (2) of section 3 of the last-mentioned Act, but for no other purpose, the said sub-section (5) of section 1 and section 2 of the first-mentioned Act shall be modified as follows, that is to say:—

• (a) the railway tribunal shall be substituted for the rates advisory committee;

• (b) a committee consisting of such of the permanent members of the railway tribunal as the railway tribunal with the approval of the Minister shall nominate, such and so many members of the general panel established under Part II of this Act as the Minister shall nominate, and such members (equal in number to the members of the general panel so nominated) of the railway and canal panel established under Part II of this Act as the Minister shall nominate, shall be substituted for the sub-committee mentioned in the said section 2.

52 Interpretation of expressions used in Part III.

52.—In this Part of this Act—

the word “charges” includes rates, fares, tolls, dues, and other charges;

the word “rates” means rates and other charges in connection with the carriage of merchandise;

the word “fares” means fares and other charges in connection with the conveyance of passengers and their luggage;

the word “modifications” in relation to charges includes modifications whether by way of decrease or of increase, and the word “modify” and other cognate words shall be construed accordingly;

the word “merchandise” includes goods, minerals, live-stock, and animals of all descriptions;

the expression “exceptional charges” means charges below the standard charges, and includes special charges continued subject to adjustment under the provisions of this Part of this Act, and the expressions “exceptional rates” and “exceptional fares” shall be construed accordingly;

the word “conditions” includes regulations;

the expression “railway rates and charges orders” means provisional orders fixing maximum rates and charges applicable to a railway company and made and confirmed by the United Kingdom Parliament in pursuance of section 24 of the Railway and Canal Traffic Act, 1888;

the expression “the appointed day” means the day fixed by the railway tribunal as the appointed day on which the schedules of standard charges settled by them are to come into operation;

the expression “standard charges” means the charges fixed by the schedules of standard charges settled by the railway tribunal under this Part of this Act;

the word “prescribed” means prescribed by the railway tribunal.

Adjustment of Charges to Revenue.

53 Adjustment of charges to revenue.

53.—(1) The standard charges to be fixed in the first instance for the amalgamated company shall be such as will, together with the other sources of revenue, in the opinion of the railway tribunal, so far as practicable yield, with efficient and economical working and management, an annual net revenue (hereinafter referred to as the standard revenue) equivalent to the average annual aggregate net revenue for the three years of account ended next before the 1st day of January, 1914, of the amalgamating companies and the absorbed companies, together with—

• (a) a sum equal to five per cent. on capital expenditure forming the basis on which interest was allowed at the end of the period during which the amalgamating and absorbed companies were in the possession of the British Government; and

• (b) such allowance as may be necessary to remunerate adequately any additional capital which may have been raised or provided in respect of expenditure on capital account incurred since the 1st day of January, 1913, and not included in the expenditure referred to in the last preceding paragraph, unless it can be shown that such expenditure has not enhanced the value of the undertaking; and

• (c) such allowance as appears to the railway tribunal to be reasonable in respect of capital expenditure not being less than one thousand pounds in the case of any work and not being capital expenditure included in paragraph (a), on works which enhance the value of the undertaking, but which had not at the beginning of the year 1913 become fully remunerative:

Provided that, in determining the sum which charges will, with efficient and economical working and management, yield, the tribunal shall, with a view to encouraging the taking of early steps for effecting economies in working and management expenses rendered possible by or in anticipation of amalgamation, take into consideration the economies effected by such steps already taken, and shall make such allowance in respect thereof as the tribunal may consider fair and equitable to an amount not exceeding thirty-three and one-third per cent. of such economies.

• (2) The railway tribunal when fixing charges in pursuance of the provisions of this section shall have regard to the means which in their opinion are best calculated to ensure the maximum development and extension in the public interest of the carriage by railway of merchandise and of passengers and their luggage, and shall accordingly ascertain as far as may be practicable the effect which the existing charges, or any of them, have had upon the merchandise or passenger traffic to which they are applicable, and, in particular, whether the application of such charges has tended or, if continued, would be likely to tend towards causing the increase or diminution of the said traffic.

• (3) If on any such review as is mentioned in the next following section it appears to the railway tribunal that the allowance made under paragraph (c) of sub-section (1) of this section was too high or too low, the tribunal may revise the allowance and make such adjustment in the amount of the standard revenue as may be necessary.

• (4) When fixing the charges necessary to produce the standard revenue, the railway tribunal shall take into consideration the charges in respect of any business carried on by the company ancillary or subsidiary to its railways, the charges for which are not subject to the jurisdiction of the railway tribunal, and if, in the opinion of the railway tribunal, the company is not making, or has not taken reasonable steps to enable it to make adequate charges in respect of any such business, the railway tribunal shall, in fixing the charges under this Part of this Act, take into account the revenue which would be produced by any such business if adequate charges were in operation.

54 Periodical review of standard charges and exceptional charges.

54.—(1) The railway tribunal shall review the standard charges and exceptional charges of the amalgamated company at the end of the first complete financial year after the appointed day, or, if the appointed day is the 1st day of January in any year, at the end of that year, and unless directions are given by the Minister to the contrary in manner hereinafter appearing, at the end of each succeeding year, and the review shall be made on the experience of the operation of those charges for the period during which the standard charges have been in operation, or, if that period is more than three years, then on the experience of the operation of those charges during the preceding three years.

• (2) The Minister may direct as respects any year after the second annual review that a review shall not be held provided that no such directions shall be given as respects any year for which the amalgamated company or any representative body of traders has applied to the Minister for a review.

• (3) If on any such review the railway tribunal finds that the net revenue or the average annual net revenue obtained, or which could, with efficient and economical management, have been obtained by the company during the period on the experience of which the review is based is substantially in excess of the standard revenue of the company with such allowance (if any) as appears to the railway tribunal necessary to remunerate adequately any additional capital which may have been raised or provided in respect of expenditure on capital account incurred since the date upon which the standard charges were fixed in the first instance, the railway tribunal shall, unless it is of opinion that owing to change in circumstances the excess is not likely to continue, modify all or any of the standard charges and make a corresponding general modification of the exceptional charges of the company so as to effect a reduction of the net revenue of the company in subsequent years to an extent equivalent to eighty per cent. of such excess.

• (4) If on any such review the railway tribunal finds that the net revenue or the average annual net revenue obtained by the company during the period on the experience of which the review is based is less than the standard revenue of the company, with such allowance (if any) as appears to the railway tribunal necessary to remunerate adequately any additional capital which may have been raised or provided in respect of expenditure on capital account incurred since the date upon which the standard charges were fixed in the first instance, and that the deficiency is not due to lack of efficiency or economy in the management, the railway tribunal shall, unless in its opinion owing to change of circumstances the deficiency is not likely to continue, make such modifications in all or any of the standard charges and such a corresponding general modification of the exceptional charges of the company as it may think necessary to enable the company to earn the standard revenue with such allowance (if any) as aforesaid.

• (5) Whenever on any such review such an excess as aforesaid is found, then, for the purpose of subsequent reviews, sub-section (3) of this section shall have effect as if for the standard revenue there were substituted a sum (hereinafter referred to as the “increased standard”) equal to the standard revenue with the addition of twenty per cent. of such excess, and whenever on any such subsequent review an excess is found above the increased standard together with the allowance (if any) for additional capital, then, for the purpose of subsequent reviews, the increased standard shall be increased by a sum equal to twenty per cent. of such excess, and so on:

Provided that, if at any time after such an excess has been found, the standard charges and exceptional charges are modified in pursuance of sub-section (4) of this section on account of a deficiency, no such substitution shall be made until an excess above the standard revenue together with the allowance (if any) for additional capital is again found.

• (6) The railway tribunal, when modifying charges on any such review, shall have regard to the like considerations as when fixing charges in the first instance:

Provided that the tribunal shall have regard to the financial results obtained from the operation of any ancillary or subsidiary business carried on by the company, and if satisfied that the net revenue resulting therefrom is, having regard to all the circumstances, unduly low, may, for the purpose of such review, make such deductions from the charges which would otherwise have been fixed as they think proper.

• (7) The modifications of standard charges and exceptional charges made in pursuance of this section shall take effect as from the 1st day of July in the year following the last year under review or such other date as the railway tribunal may fix.

PART IV. Wages and Conditions of Service.

55 Regulation of conditions of service of railway employees.

55.—(1) From and after the passing of this Act the rates of pay, hours of duty, and other conditions of service of railway employees shall be regulated in accordance with agreements made or to be from time to time made between the trade unions representative of such employees of the one part and the railway companies and other persons by whom they are respectively employed of the other part.

• (2) The original or a counterpart, or a copy, certified in such manner as the Minister shall direct to be a true copy, of every such agreement as is mentioned in the foregoing sub-section shall be deposited with the Minister within one month after the passing of this Act or the making of such agreement, whichever shall be the later.

• (3) In this Part of this Act the expression “railway employee” means a person who is employed by a railway company or the Irish Railway Clearing House, in any of the grades specified in the Eighth Schedule to this Act, and in such other grades as may hereafter be brought within the scope of the agreements referred to in this section by agreement between the parties thereto, and whose station, depôt, or other place of employment is situate in Saorstát Eireann.

56 Appointment to clerical grades.

56.—(1) Save as is hereinafter in this section provided, all appointments to any office or situation in the clerical grades of the service of the amalgamated company shall be made by means of open competitive examination in accordance with regulations made by the amalgamated company. Irish shall be a compulsory subject at such examinations.

• (2) Every such open competitive examination shall be open to all persons desiring to attend the same who are ordinarily resident in Ireland and pay the fees and possess the qualifications as to age, health and character prescribed by the regulations relating to the examination.

• (3) The amalgamated company may by special regulation provide that such proportion as may be approved by the Minister of the vacancies in the clerical grades of its service shall be filled by means of limited competitive examinations, and where an examination is so limited only persons in or who have been in the employment of the amalgamated company or the children of such persons shall be admitted thereto.

57 Preparation of scheme for superannuation fund.

57.—(1) The amalgamated company shall, within one year after the 1st day of January, 1925, or such other period as may be fixed by the Minister, prepare for discussion with the trade unions representing the employees of the amalgamated company a scheme for providing on a contributory basis a superannuation fund for such of the employees of the amalgamated company as can, with due regard to actuarial considerations, be provided for out of such a fund.

• (2) The scheme so to be prepared by the amalgamated company shall provide for representatives of the employees being associated in the management of the superannuation fund.

PART V. Regulation of Railways.

58 Power to make orders as to working.

58.—(1) With a view to securing and promoting the public safety, or the interests of the public, or of trade, or of any particular locality, the railway tribunal may, on the application of any body of persons representing any such interests, by order require the amalgamated company or any other railway company in respect to that portion of its undertaking situate in Saorstát Eireann to afford such reasonable railway services, facilities, and conveniences upon and in connection with its undertaking (including the provision of such minor alterations and extensions and improvements of existing works as will not involve in any one case an expenditure exceeding ten thousand pounds) as may be specified in the order:

Provided that, if on any such application a company satisfies the railway tribunal that under all the circumstances the capital required for the purpose cannot be provided or expended as proposed without prejudicially affecting the interests of the then existing stockholders, the order shall not be made:

Provided further that the powers under this sub-section shall be in addition to and not in derogation of any other existing powers of requiring measures for securing the safety of the public or the provision of reasonable facilities.

• (2) The Minister may by order require the amalgamated company or any other railway company in respect to that portion of its undertaking situate in Saorstát Eireann to comply with any recommendation of an inspector duly appointed under the Regulation of Railways Act, 1871.

• (3) Where any coroner holds, or is about to hold, an inquest on the death of any person occasioned by an accident, of which notice for the time being is required by or in pursuance of the Regulation of Railways Acts, 1840 to 1889, to be sent to the Minister, and makes a written request to the Minister in this behalf, the Minister may appoint an inspector or some person possessing legal or special knowledge to assist in holding such inquest, and the person so appointed shall act as the assessor of the coroner, and the return to be made by the coroner to the Minister under the Acts aforesaid shall be made by such person in lieu of by the coroner, and the return shall be made public in like manner as in the case of a formal investigation of an accident under the Regulation of Railways Act, 1871.

• (4) The provisions of the Regulation of Railways Acts, 1840 to 1889, with respect to the opening of any railway, shall be extended to apply to the inspection of all new or reconstructed works, including bridges and viaducts.

• (5) Any order of the Minister under this section shall be complied with by any railway company to which the order relates, and in the event of non-compliance shall (subject as hereinbefore provided) be enforceable by order of the railway tribunal on the application of the Minister.

59 Power to make orders as to acquisition of land, etc.

59.—(1) For enabling a railway company to effect alterations, extensions, and improvements of existing works in pursuance of an order of the railway tribunal or of the Minister or, on the application of a railway company, for enabling such company to make and provide any alteration, extension or improvement mentioned in section 45 of the Railway Clauses Act, 1845, the Minister may, after compliance with the provisions of this section, authorise the railway company to acquire the land and easements and to construct the works necessary to effect the alterations, extensions, and improvements aforesaid.

• (2) Before an order is made under this section the railway company shall deposit with the Minister such plans, specifications, and other documents as shall be required by the Minister, and after the deposit of such documents the Minister shall give public notice, to be published once in the Iris Odfigiúil and once in each of three successive weeks in some one and the same newspaper circulating in the county or counties in which the land is situate, of his intention to consider the making thereof and of the manner in which and the time within which representations and objections in respect of the order may be made, and shall, if he shall consider it expedient so to do, cause a public inquiry to be held in regard to any matter relating to the making of such order.

• (3) An order made under this section may incorporate—

• (a) the Acquisition of Land (Assessment of Compensation) Act, 1919, with the modification that the expression “public authority” shall include the said railway company, and

• (b) the Lands Clauses Acts, so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919.

• (4) No order shall be made under this section in respect of any matter which the Minister is of opinion, as a result of representations made to him or the report of the person holding a public inquiry, or otherwise, is of such a character or magnitude that it ought not to be proceeded with without the authority of the Oireachtas obtained by way of Private Bill.

60 Power to confirm agreements for the purchase, lease or working of railways.

60.—(1) Any agreement which may hereafter be entered into for the purchase, lease, or working by the amalgamated company of any part of the system of another railway company may, subject to the provisions of this section and after such notices and inquiries as the Minister shall consider necessary or expedient, be confirmed by the Minister.

• (2) No such agreement as aforesaid shall, without the authority of the Oireachtas, be valid or effectual unless and until it is confirmed by the Minister under this section, but if and when so confirmed shall be of full force and validity and may be carried into effect by the parties thereto without any further authorisation by the Oireachtas.

• (3) No agreement shall be confirmed by the Minister under this section which, in his opinion, is of such a character or magnitude that it ought not to be proceeded with without the authority of the Oireachtas obtained by way of Private Bill.

61 Agreements.

61.—(1) From and after the passing of this Act it shall not be lawful for any amalgamating or absorbed company or the amalgamated company to vary or rescind any agreement or arrangement (not being an agreement or arrangement confirmed by or scheduled to a statutory enactment) with any railway company or other transport undertaking for the allocation or routing of traffic, or the pooling of receipts, or for differential rates on traffic passing by sea to or from Saorstát Eireann, or to enter into agreements for any of those purposes, except so far as authorised or required by an order made with due regard to the provisions of this Act by the railway tribunal.

• (2) No such order as aforesaid shall be made by the railway tribunal save on the application—

• (a) of any party to such agreement or arrangement; or

• (b) of the amalgamated company; or

• (c) of a representative body of traders; or

• (d) of a body of persons representative of trade or a locality; or

• (e) of a railway company or other transport undertaking affected by such agreement or arrangement.

• (3) Subject to the foregoing provisions of this section, nothing in this Act shall prejudice or affect the rights or liabilities of any amalgamating or absorbed company under any agreement or arrangement (not being an agreement or arrangement confirmed by or scheduled to a statutory enactment) in existence at the passing of this Act except in so far as such rights or liabilities are inconsistent with the express provisions of this Act.

• (4) Every amalgamating company and every absorbed company, and also every other railway company whose or any part of whose railway lies within Saorstát Eireann shall—

• (a) within one month after being required in writing by the Minister so to do, or in the absence of such requisition not later than the 31st day of January, 1925, furnish to the Minister a schedule containing written particulars of all agreements and arrangements to which this sub-section applies in existence at the date of such requisition or in the absence thereof, on the 31st day of December, 1924, and to which such company is a party, and

• (b) within one fortnight after the date of any agreement or arrangement to which this sub-section applies made after the date of the said requisition or the 31st day of December, 1924 (as the case may be), and to which such company is a party, furnish to the Minister written particulars of such agreement or arrangement, and

• (c) within one week after being required in writing by the Minister so to do, furnish to the Minister such further particulars and information as the Minister shall so require in respect of the contents of any agreement or arrangement of which particulars shall have been previously furnished under either of the foregoing paragraphs.

If any company shall fail to furnish any particulars or information in accordance with this section or shall furnish under this section any false or misleading information, such company shall be liable to pay to the Minister for the use of the Exchequer such penalty not exceeding twenty-five pounds together with, in the case of a continuing offence, such further penalty not exceeding five pounds for every day during which the offence is continued, as the railway tribunal shall on the application of the Minister, impose.

This sub-section applies to all agreements and arrangements (whether made under statutory powers or otherwise) whereby provision is made for the allocation or routing of traffic by railway to or from any place in Saorstát Eireann or for the pooling of receipts from such traffic, or for differential rates on traffic passing by sea to or from Saorstát Eireann.

• (5) After the passing of this Act it shall be lawful for the Postmaster-General or any of the amalgamating or absorbed companies or the amalgamated company to apply to the railway tribunal—

• (a) for a revision of any agreement whether statutory or otherwise, which at the date of the passing of this Act is in existence between the Postmaster-General and any of the amalgamating or absorbed companies; or

• (b) where no such agreement is so in existence, for the determination of any difference or dispute which may exist or arise between the Postmaster-General and any of the amalgamating or absorbed companies or the amalgamated company as regards the remuneration to be paid for services rendered by such company to the Postmaster-General, such services (notwithstanding any statutory or other provision to the contrary) to continue to be rendered by such company pending the decision of the railway tribunal.

PART VI. Baronially Guaranteed Railways.

62 Meaning of certain expressions.

62.—In this Part of this Act—

the expression “baronially guaranteed dividends” means the dividends on the paid-up share capital of included baronial railways which at the passing of this Act are guaranteed by certain baronies or parts of baronies in Saorstát Eireann under guarantees given under the Tramways and Public Companies (Ireland) Act, 1883, or any other Act or any Order in Council made under any such Act;

the expression “guaranteeing barony” means a barony or part of a barony by which baronially guaranteed dividends are guaranteed under any guarantee given under any such Act or Order in Council as aforesaid;

the expression “included baronial railway” means a railway or section of a railway the dividends on any part of the paid-up capital of which are baronially guaranteed dividends and which is to be included (whether by amalgamation or absorption) under the provisions of this Act in the undertaking of the amalgamated company.

63 Provisions in respect of baronial guarantees.

63.—(1) The Minister shall during each of the ten years mentioned in Part I. of the Ninth Schedule to this Act pay to the amalgamated company by equal half-yearly instalments out of monies to be provided by the Oireachtas the sum specified in the said Part I. of the said schedule as payable in each of such years respectively.

• (2) The councils of the several counties mentioned in Part II. of the Ninth Schedule to this Act shall, during each of the years specified in the said Part II. in respect of the said counties respectively, pay to the Minister by equal half-yearly instalments on such dates as may be fixed by the Minister the sums specified in the said Part II. in respect of the said counties respectively, such sums being the amounts raised and paid by the said councils respectively for the period of account ended next before the 1st day of January, 1914, in respect of the liability of guaranteeing baronies in the county for baronially guaranteed dividends.

• (3) The several sums to be paid to the Minister by the council of a county under the foregoing sub-section shall be raised by such council off the same areas and in the same proportions and manner as the sum paid by such council for the period of account ended next before the 1st day of January, 1914, in respect of the liability of guaranteeing baronies in the county for baronially guaranteed dividends was raised:

Provided that the Minister may, on the application of any such council and with the concurrence of the Minister for Local Government and Public Health, by order authorise such council to enlarge the area off which or to vary the proportions or manner in which the sums to be paid by such council to the Minister shall be raised.

• (4) The liability (whether present, future, or contingent) of the several councils of counties in which guaranteeing baronies are situate in respect of baronially guaranteed dividends or the completion, working, or maintenance of included baronial railways under any guarantee given under the Tramways and Public Companies (Ireland) Act, 1883, or any other Act or any Order in Council made under any such Act shall cease as from the 31st day of December, 1924, but such cesser shall not prejudice or affect any such liability as aforesaid of any such council in respect of any period previous to the 1st day of January, 1925.

• (5) The liability (whether present, future, or contingent) of the several included baronial railways to the Minister for Finance or the councils of counties in which guaranteeing baronies are situate under the Tramways and Public Companies (Ireland) Act, 1883, or under any other Act under the authority of which the dividends, completion, working, or maintenance of an included baronial railway are guaranteed, or under any Order in Council made under any such Act, shall cease as from the 31st day of December, 1924.

• (6) The contingent liability (if any) of any amalgamating or absorbed company to the Minister for Finance or the Council of any county under the Tramways and Public Companies (Ireland) Act, 1883, or under any other Act under the authority of which the dividends, completion, working, or maintenance of the railway or any section thereof of such company are or were guaranteed or under any Order in Council made under any such Act, or under any judgment, decree or order founded on any such Act or Order shall cease as from the 31st day of December, 1924.

• (7) No moneys shall be payable out of the Local Taxation Account under sub-section (4) of section 58 of the Local Government (Ireland) Act, 1898, to the council of any county for any period after the 31st day of December, 1924, in respect of any included baronial railway, and in lieu of such payments there shall be paid to the Minister out of the Local Taxation Account during each of the ten years mentioned in Part III. of the Ninth Schedule to this Act, the sum specified in the said Part III. of the said Schedule as payable in each of such years, respectively. The provisions of sub-section (5) of section 58 of the Local Government (Ireland) Act, 1898, shall not apply to any sum paid to the Minister under this sub-section.

64 Baronial railways vested in county councils.

64.—Where the undertaking of any included baronial railway and the property of any company connected with it have become the property of a grand jury or county council under provisions contained in an Order in Council pursuant to sub-section (2) of section 10 of the Tramways and Public Companies (Ireland) Act, 1883, then for the purpose of the application of Part I. of this Act to that included baronial railway—

• (a) the shareholders for the time being of the company to which the said undertaking and property belonged immediately before the same became the property of the grand jury or county council, shall be deemed to be the proprietors of the said railway, and

• (b) the consent of the county council shall not be necessary to any scheme for the absorption of the undertaking of the said railway by the amalgamated company.

PART VII. General.

65 Provision for applications by public authorities in certain cases.

65.—(1) Where under this Act an application to the railway tribunal may be made by a representative body of traders or by a body of persons representative of trade or a locality, the application may be made by any of the following authorities or bodies:—

• (a) any harbour board, or the council of any county or borough or district; or

• (b) any chamber of commerce or association representative of shipping, agriculture, traders, freighters or passengers which may obtain a certificate from the Minister that it is a proper body to make such an application.

• (2) Subject as in this section provided, no company, body, or person not directly interested in the subject-matter of any application shall be entitled to make such application.

• (3) Any authority or body as aforesaid may appear in opposition to any application, representation, or submission in any case where such authority, or the persons represented by them, appear to the Minister to be likely to be affected by the decision on any such application, representation, or submission.

• (4) The Minister may, if he thinks fit, require as a condition of giving a certificate under this section, that security be given in such manner and to such amount as he thinks necessary, for costs which may be incurred.

• (5) Any certificate granted under this section shall, unless withdrawn, be in force for twelve months from the date on which it was given.

• (6) Any expenses incurred by any such authority in or incidental to any such application or opposition shall be defrayed out of the rate or fund out of which the expenses of the authority in the execution of their ordinary duties are defrayed.

66 Notices, etc.

66.—Any notice, application, request, or other document authorised or required by this Act to be sent to a railway company may, unless some other manner is prescribed by the railway tribunal, be sent by post in a prepaid registered letter addressed to the secretary of the company at the principal office of the company.

67 Service of documents on amalgamated company.

67.—Any document required by or authorised by law other than this Act to be served on the amalgamated company may be so served by—

• (a) handing it to the secretary of the amalgamated company at the principal office in Saorstát Eireann of the amalgamated company, or

• (b) leaving it at the principal office aforesaid in an envelope addressed to the secretary of the amalgamated company, or

• (c) sending it by post in a prepaid registered letter addressed to the secretary of the amalgamated company at the principal office aforesaid.

68 Language of public notices and tickets.

68.—The amalgamated company shall, as soon as may be practicable, replace all public notices and signs (including names of stations) which are now in the English Language only by notices and signs in both Irish and English, and shall within one year from the 1st January, 1925, submit to the Minister a scheme for the printing of their passenger card tickets for journeys within the Saorstát in both the Irish and English languages and the Minister shall, unless he is of opinion that the adoption of the scheme would jeopardise the standard revenue and result in increased rates and fares, order the amalgamated company to put such scheme into operation: Provided that existing stocks of tickets may be used until exhausted.

69 Accounts, returns and statistics.

69.—(1) The accounts to be rendered by the amalgamated company under the Railway Companies (Accounts and Returns) Act, 1911, shall be compiled in such manner as may be prescribed by the Minister after consultation with the amalgamated company.

• (2) It shall be the duty of the amalgamated company to compile and render to the Minister in such manner and form as he may direct such statistics and returns as he may require.

• (3) For the purpose of this Act the Minister or any officer duly authorised by him shall have power to make such investigations into the affairs of the amalgamated company as he may deem necessary, and shall have access to the books, accounts and returns of the amalgamated company, and the officers and servants of the company shall afford to the Minister or any such duly authorised officer such facilities as he may require.

• (4) The powers of the Minister under this section shall be in addition to and not in derogation of any powers of holding enquiries conferred on him under this or any other Act.

• (5) In the event of non-compliance on the part of the amalgamated company with any requirements of this section, the requirement shall be enforceable by order of the railway tribunal on the application of the Minister.

• (6) Nothing in this section shall be interpreted to authorise any limitation of or interference with the control of the proprietors of any undertaking over the purposes to which its expenditure is to be applied.

70 Names and addresses of shareholders.

70.—(1) Notwithstanding anything contained in section 10 of the Companies Clauses Consolidation Act, 1845, it shall be lawful for the amalgamated company to substitute for the Shareholders' Address Book provided for under that section a card or other index (of a type to be approved by the auditors of the amalgamated company) containing the names and addresses of the several shareholders of the amalgamated company and that section in its application to the amalgamated company shall be read and have effect accordingly, and when such card or other index has been so substituted section 34 of the Regulation of Railways Act, 1868, shall cease to apply to the amalgamated company: Provided that the charge made for a copy of such card or other index shall not exceed the sum of £2 10s. 0d.

• (2) If the amalgamated company act in contravention of section 10 of the Companies Clauses Consolidation Act, 1845, as varied by this section, they shall be liable for each offence to a penalty not exceeding twenty pounds, which shall be recoverable and applied in the same manner as penalties imposed by the Railway Clauses Consolidation Act, 1845, are for the time being recoverable and applicable.

71 Enactments which are not to apply to amalgamated company.

71.—As from the appointed day the enactments specified in the Tenth Schedule to this Act to the extent mentioned in the third column of that Schedule shall not apply to the amalgamated company.

72 Short title.

72.—This Act may be cited as the Railways Act, 1924.

SCHEDULES. First Schedule. Amalgamating and Absorbed Companies.

1	2
Amalgamating Companies	Absorbed Companies
Great Southern and Western Railway Company, including the Geashill Extension separate undertaking.	Athenry and Tuam Extension to Claremorris Railway Company, Limited. Ballinascarthy and Timoleague Junction Light Railway Company.
Midland Great Western Railway Company of Ireland.	Ballinrobe and Claremorris Light Railway Company, Limited.
Dublin and South Eastern Railway Company, including City of Dublin Junction Railways and New Ross and Waterford Extension Railways.	Baltimore Extension Railway Company, Limited. Bantry Extension Railway Company.
Cork, Bandon and South Coast Railway Company including the Bantry Bay Extension.	Cavan and Leitrim Railway Company, Limited. Clonakilty Extension Railway Company.
	Cork, Blackrock and Passage Railway Company.
	Cork and Macroom Direct Railway Company.
	Cork and Muskerry Light Railway Company, Limited.
	Cork City Railways.
	Donoughmore Extension Light Railway Company, Limited.
	Dublin and Kingstown Railway Company.
	Loughrea and Attymon Light Railway Company, Limited.
	Schull and Skibbereen Tramway and Light Railway Company. (West Carberry Tramways and Light Railways Company, Limited).
	South Clare Railways Company, Limited.
	Southern Railway Company.
	Timoleague and Courtmacsherry Extension Light Railway Company.
	Tralee and Dingle Light Railway Company, Limited.
	Tralee and Fenit Railway Company.
	Waterford and Tramore Railway Company.
	West Clare Railway Company, Limited.

Second Schedule Board of Directors of Amalgamated Company.

PART I.

First Year.

Section 4 (d).

PART II.

After the First Year.

Third Schedule. Existing Officers and Servants.

Every person who on the 3rd day of April, 1924, was for a period of less than five years an officer or servant of any amalgamating company or absorbed company, and who shall not, prior to the amalgamation or absorption of such amalgamating or absorbed company, have voluntarily retired or have been removed from the service of any such amalgamating or absorbed company by reason of misconduct or incapacity and who does not become an officer or servant of the amalgamated company, shall be entitled to a gratuity calculated on the basis of one-sixth of the amount of his annual salary and emoluments for every completed year of his service.

The following provisions shall apply in respect to persons who on the 3rd day of April, 1924, were, and for a period of not less than five years have been, officers or servants of any amalgamating company or absorbed company, and who shall not, prior to the amalgamation or absorption of such amalgamating or absorbed company, have become pensioners or annuitants in accordance with the rules of any railway pension or superannuation fund of which they may be members, or have voluntarily retired, or have been removed from the service of any such amalgamating or absorbed company by reason of misconduct or incapacity (all of which officers and servants are in this Schedule hereinafter referred to as “existing officers and servants”):—

• (1) Every existing officer and servant shall, as from the date of amalgamation or absorption, become an officer or servant of the amalgamated company.

• (2) The amalgamated company may abolish the office or situation of any existing officer or servant which they may deem unnecessary, and any existing officer or servant required to perform duties such as are not analogous or which are an unreasonable addition to those which as an officer or servant of the company from which he was transferred he was required to perform may relinquish his office or situation.

• (3) No existing officer or servant so transferred shall without his consent be by reason of such transfer in any worse position in respect to the conditions of his service as a whole (including tenure of office, remuneration, gratuities, pension, superannuation, sick fund or any benefits or allowances, whether obtaining legally or by customary practice of the amalgamating or absorbed company) as compared with the conditions of service formerly obtaining with respect to him.

• (4) If any existing officer or servant so transferred is, without his consent, in any such worse position as aforesaid by reason of such transfer and has thereby suffered any loss or injury, he shall be entitled to be paid by the amalgamated company such lump sum as would reasonably compensate him for such loss or injury, the amount of such lump sum to be determined by the amalgamated company (subject to appeal as hereinafter provided).

• (5) Every existing officer or servant whose office or situation is so abolished, or who so relinquishes his office or situation, or whose services are dispensed with on the ground that they are not required or for any other reason not being on account of any misconduct or incapacity, or whose remuneration or emoluments are reduced on the ground that his duties have been diminished, or who otherwise suffers any direct pecuniary loss by reason of the amalgamation or absorption (including any loss of prospective superannuation or other retiring or death allowances and allowances to his widow or orphan children, whether obtaining legally or by customary practice of the amalgamating or absorbed company), shall be entitled to be paid compensation by the amalgamated company, the amount of such compensation to be determined by the amalgamated company (subject to appeal as hereinafter provided) in accordance with the following rules, that is to say:—

• (a) the compensation shall be an annual allowance to be paid to the existing officer or servant during his life not exceeding in any case two-thirds of his remuneration and emoluments, and, subject to that limitation, to be calculated at the rate of one-sixtieth of his remuneration and emoluments for every completed year of his service with the amalgamated company or any amalgamating or absorbed company, with an addition thereto based on the number of completed years of his service and calculated according to the following scale:—

if he has twenty or more completed years of service, an addition of ten-sixtieths of his remuneration and emoluments,

if he has fifteen or more completed years of service and less than twenty such years, an addition of seven-sixtieths of his remuneration and emoluments,

if he has ten or more completed years of service and less than fifteen such years, an addition of five-sixtieths of his remuneration and emoluments,

if he has five or more completed years of service and less than ten such years, an addition of three-sixtieths of his remuneration and emoluments:

• (b) where any existing officer or servant was temporarily absent from his employment as such officer or servant and during the whole of such absence was engaged in service in the National Forces of Saorstát Eireann, or any military forces serving under the authority of the First Dáil Eireann, the Second Dáil Eireann, or the Provisional Government of Ireland, or the British Army, Navy or Air Force, such temporary absence shall for the purposes of this Schedule be reckoned and included in his period of service as such officer or servant:

• (c) in the case of an existing officer or servant who was appointed to his office as a specially qualified person at an age exceeding that at which railway service usually begins, his actual period of service with an amalgamating or absorbed company may be increased by the addition of such number of years as may seem just, having regard to the particular circumstances of the case, and thereupon his compensation shall be calculated on such increased period of service:

• (d) in the case of an existing officer or servant who suffers any such loss of prospective superannuation or other retiring or death allowance as aforesaid, such addition as may seem just, having regard to all the circumstances of the case, may be made to the compensation otherwise authorised by this Schedule to be awarded to him:

• (e) for the purpose of the calculation of the compensation under this Schedule, the remuneration and emoluments of an existing officer or servant shall be taken to be the annual value of the remuneration and emoluments of which he was in receipt from the amalgamated company or any amalgamating or absorbed company on the date of the happening of the event giving rise to the claim for compensation, unless he received promotion (other than promotion within any of the grades dealt with in the agreements between the railway companies and the trades unions) subsequent to the 3rd day of April, 1923, in which case his remuneration and emoluments shall for the purpose aforesaid be taken to be the annual value of the remuneration and emoluments of which he was in receipt immediately before such promotion. In the event of an existing officer being appointed a standing member of the railway tribunal he shall be regarded as an existing officer whose office is abolished as from the date of amalgamation and shall be entitled to be compensated accordingly, but during the period for which he acts as such standing member of the railway tribunal his compensation shall only be the difference (if any) between his remuneration as a standing member of the railway tribunal and the annual allowance granted to him under paragraph (5) (a) of this Schedule.

• (6) For the purpose of this Schedule, any solicitor who for the period of five years next before the date of the passing of this Act has acted solely for an amalgamating or absorbed company as their chief or assistant legal adviser on a salary shall be deemed to be an existing officer of that company.

• (7) Any person who is in receipt of an annual allowance by way of compensation under this Schedule may, within one year from the date on which the amount of such allowance is fixed, apply to the amalgamated company to commute not more than one-fourth of such annual allowance by payment of a capital sum of money to be calculated by the amalgamated company in accordance with the provision in that behalf contained in the amalgamation scheme, and no such application for commutation shall be unreasonably refused by the amalgamated company.

• (8) If any existing officer or servant shall feel aggrieved by the decision of the amalgamated company on any matter to be determined by it under the foregoing rules, or if any dispute or question shall arise between any existing officer or servant and the amalgamated company on any matter arising under this Schedule, such existing officer or servant may appeal to a standing arbitrator or board of arbitrators appointed by the Chief Justice, who shall hear and determine such appeal and whose decision thereon shall be final. The amount of the fee payable to such standing arbitrator or to each member of such board of arbitrators on any such appeal shall be fixed by the Chief Justice and shall be paid by the amalgamated company.

• (9) For the purposes of this Schedule every person in the employment of an amalgamating company or an absorbed company shall be deemed to be an officer or servant of that company: Subject in the case of any solicitor to the provisions of paragraph (6) of this Schedule.

Fourth Schedule. Provisions relating to the submission of Schemes.

The scheme to be submitted shall be submitted to the proprietors and debenture stock-holders of each company affected thereby at a meeting held specially for that purpose.

Such meeting shall be called by advertisement inserted once in each of two consecutive weeks in some one and the same newspaper published in Dublin, and in some one and the same newspaper of the county or counties in which the principal office or offices of any such company is or are situate; and also by a circular addressed to each proprietor and debenture stock-holder at his last known or usual address, and sent by post or delivered at such address not less than seven days before the holding of such meeting, enclosing a blank form of proxy, with proper instructions for the use of the same; and the same form of proxy and the same instructions, and none other shall be sent to every such proprietor and debenture stock-holder; but no such form of proxy shall be stamped before it is sent out, nor shall the funds of any company be used for the stamping of any proxies, nor shall intimation be sent as to any person in whose favour the proxy may be granted, and no other circular or form of proxy relating to such meeting shall be sent to any proprietor or debenture stock-holder from the office of any company, or by any director or officer of any company so describing himself.

Such meeting shall be held not earlier than the seventh day after the last insertion of such advertisement, and may be held on the same day as an ordinary general meeting of the company.

At such meeting the said scheme shall be submitted to the proprietors and debenture stock-holders aforesaid then present, and shall be approved of by the proprietors present in person or by proxy and holding at least three-fourths of the paid-up capital of the company (being capital carrying a right to vote at all ordinary meetings of the company) held by proprietors present as aforesaid at the meeting. Proprietors of any paid-up shares or stock, including debenture stock, not qualified to vote at ordinary meetings, whose interests may be affected by the scheme, may tender their votes at the meeting, and all votes so tendered shall be recorded separately.

The names of the proprietors and debenture stock-holders present in person at the meeting shall be recorded by the company and a copy of such record shall be sent to the railway tribunal. For this purpose the meeting, and any other consecutive meetings, whether general or special, and whether preceding or following it, shall be deemed to be the same meeting. A poll may be demanded by any proprietor present in person at the meeting.

Fifth Schedule. Division and Form of Schedules of Standard Charges.

The parts into which every schedule of charges submitted by the amalgamated company to the railway tribunal is to be divided shall be as follows:—

Part I containing the charges in respect of the goods and minerals comprised in the several classes of merchandise (including dangerous goods and goods specially liable to damage) specified in the classification;

Part II containing the charges in respect of animals;

Part III containing the charges in respect of carriages;

Part IV containing the charges in respect of perishable merchandise by passenger train or other similar service;

Part V containing the charges in respect of small parcels;

Part VI containing the charges in respect of merchandise of an exceptional character;

Part VII containing the fares and charges to be taken for the conveyance of passengers and their luggage, and for live stock, carriages, parcels, and articles of merchandise (other than those included in Part IV) by passenger train or other similar service;

Part VIII containing the charges in respect of any toll payable by a trader.

The forms of the various Parts shall in the case of Parts V, VI, VII, and VIII, be such as the railway tribunal direct, and in the case of Parts I, II, III, and IV, be the following forms:—

PART I.

Goods and Minerals.

Class in respect of Merchandise to which Charges are Applicable	Standard Rate for Conveyance	Standard Rate for Conveyance	Standard Rate for Conveyance	Standard Rate for Conveyance	Standard Rate for Conveyance	Standard Terminals	Standard Terminals	Standard Terminals	Standard Terminals	Standard Terminals
Class in respect of Merchandise to which Charges are Applicable	For the first Miles or any part of such Distance	For the next Miles or any part of such Distance	For the next Miles or any part of such Distance	For the next Miles or any part of such Distance	For the remainder of the Distance	Station Terminal at each end	Service Terminals	Service Terminals	Service Terminals	Service Terminals
Class in respect of Merchandise to which Charges are Applicable	For the first Miles or any part of such Distance	For the next Miles or any part of such Distance	For the next Miles or any part of such Distance	For the next Miles or any part of such Distance	For the remainder of the Distance	Station Terminal at each end	Loading	Unloading	Covering	Uncovering
	Per Ton per Mile	Per Ton per Mile	Per Ton per Mile	Per Ton per Mile	Per Ton per Mile	Per Ton	Per Ton	Per Ton	Per Ton	Per Ton
1
2
3
etc.

PART II.

Animal Class.

	Rate for Conveyance per Mile	Rate for Conveyance per Mile	Rate for Conveyance per Mile	Rate for Conveyance per Mile	Rate for Conveyance per Mile			Service Terminals	Service Terminals	Service Terminals	Service Terminals
Description	For the first Miles, or any part of such Distance	For the next Miles, or any part of such Distance	For the next Miles, or any part of such Distance	For the next Miles, or any part of such Distance	For the remainder of the Distance	Station Terminal at each End	Station Terminal at each End	Loading	Loading	Un loading	Un loading	Minium charge as for Animals	Minium charge as for Animals
	d.	d.	d.	d.	d.	s.	d.	s.	d.	s.	d.	s.	d.
1
2
3
etc.

PART III.

Carriages.

	Rate for Conveyance per Mile	Rate for Conveyance per Mile	Rate for Conveyance per Mile	Rate for Conveyance per Mile	Rate for Conveyance per Mile			Service Terminals	Service Terminals	Service Terminals	Service Terminals	Service Terminals	Service Terminals	Service Terminals	Service Terminals
Description	For the first Miles, or any part of such Distance	For the next Miles, or any part of such Distance	For the next Miles, or any part of such Distance	For the next Miles, or any part of such Distance	For the remainder of the Distance	Station Terminal at each End	Station Terminal at each End	Loading	Loading	Unloading	Unloading	Covering	Covering	Uncovering	Uncovering
	d.	d.	d.	d.	d.	s.	d.	s.	d.	s.	d.	s.	d.	s.	d.
1
2
3
etc.

PART IV.

Perishable Merchandise by Passenger Train.

Division I.

Description.

Division II.

Description,

etc.

Division I.

Rate for Conveyance	Rate for Conveyance	Rate for Conveyance	Rate for Conveyance	Rate for Conveyance	Rate for Conveyance		Service Terminals	Service Terminals
For any Distance not exceeding Miles	For any Distance exceeding Miles but not exceeding Miles	For any Distance exceeding Miles but not exceeding Miles	For any Distance exceeding Miles but not exceeding Miles	For any Distance exceeding Miles but not exceeding Miles	For any Distance exceeding Miles	Station Terminal at each end	Loading	Unloading
Per Imperial Gallon	Per Imperial Gallon	Per Imperial Gallon	Per Imperial Gallon	Per Imperial Gallon	Per Imperial Gallon	Per Can	Per Can	Per Can
d.	d.	d.	d.	l.	d.	d.	d.	d.
			RETURNED EMPTY CANS.	RETURNED EMPTY CANS.	RETURNED EMPTY CANS.
Per Can	Per Can	Per Can	Per Can	Per Can	Per Can	Per Can	Per Can	Per Can
d.	d.	d.	d.	d.	d.	d.	d.	d.

Divisions II. and III.

Rate for Conveyance	Rate for Conveyance	Rate for Conveyance	Rate for Conveyance	Rate for Conveyance		Service Terminals	Service Terminals
For the first Miles, or any part of such Distance	For the next Miles, or any part of such Distance	For the next Miles, or any part of such Distance	For the next Miles, or any part of such Distance	For the remainder of the Distance	Station Terminal at each end	Loading	Unloading
Per Cwt. per Mile	Per Cwt. per Mile	Per Cwt. per Mile	Per Cwt. per Mile	Per Cwt. per Mile	Per Cwt.	Per Cwt.	Per Cwt.
d.	d.	d.	d.	d.	d.	d.	d.

Sixth Schedule. Miscellaneous Provisions as to Rates.

Calculation of distance.

Calculation of charges on weight and measurement.

Terminal services at other than the Company's terminal places.

Charges for sidings and accommodation.

Provided that the amount of such charges or payments shall be fixed by an agreement in writing signed by the trader or by some person duly authorised on his behalf or determined, in cases of difference, by the railway tribunal.

Charges for transhipment.

Charges for use of trucks.

6.—(1) The company may charge for the use of trucks provided by it for the conveyance of merchandise, when the provision of trucks is not included in the rates for conveyance, such sums as the railway tribunal determine.

• (2) Where, for the conveyance of merchandise other than merchandise in respect of which the rates for conveyance do not include the provision of trucks, the company does not provide trucks, the charge for conveyance shall be reduced by such sum as the railway tribunal determine.

• (3) The company shall not be required to provide trucks for the conveyance of merchandise in respect of which the provision of trucks is not included in the rate for conveyance, nor for the conveyance of lime in bulk or salt in bulk or any merchandise liable to injure trucks:

Provided that any dispute between the company and a trader as to whether any specific kind of merchandise is liable to injure trucks may be referred to the railway tribunal, but on any such reference it shall lie on the trader requiring the merchandise to be carried to show that such merchandise will not injure the trucks.

Charges when railway company conveying on railway of the company.

Dock and shipping charges.