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ELECTRICITY (SUPPLY) (AMENDMENT) ACT, 1961

Type Act
Publication 1961-02-15
Last updated 2014-03-18
State Partially repealed superseded text
Text As published
Source Irish Statute Book
articles 20

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

5 amending acts · 2014-03-18, ESB (Electronic Communications Networks) Act 2014

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AN ACT TO AMEND AND EXTEND THE ELECTRICITY (SUPPLY) ACTS, 1927 TO 1958, AND THE SHANNON FISHERIES ACTS, 1935 AND 1938, AND TO PROVIDE FOR THE VESTING IN AND EXERCISE BY THE MINISTER FOR LANDS OF CERTAIN POWERS AND FUNCTIONS IN RELATION TO THE FISHERIES AND FISHING RIGHTS VESTED IN THE ELECTRICITY SUPPLY BOARD. [15th February, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

“the Act of 1935” means the Shannon Fisheries Act, 1935;

“the Act of 1945” means the Electricity (Supply) (Amendment) Act, 1945;

“the Act of 1954” means the Electricity (Supply) (Amendment) Act, 1954;

“the Act of 1958” means the Electricity (Supply) (Amendment) Act, 1958;

“the Board” means the Electricity Supply Board;

“the Principal Act” means the Electricity (Supply) Act, 1927;

“the Superannuation Act of 1942” means the Electricity Supply Board (Superannuation) Act, 1942.

2 Increase of total expenditure for general purposes.

2.—The total expenditure of the Board for general purposes, that is to say, for capital purposes other than the electrification of rural areas, shall not exceed one hundred and twenty million pounds and, accordingly, subsection (1) of section 2 of the Act of 1954 shall be construed as if that sum were substituted for the sum mentioned therein.

3 Removal of limit on borrowing powers.

3.—Subject only to the limitation on borrowing imposed by section 2 of the Act of 1954 and section 2 of the Electricity (Supply) (Amendment) Act, 1955, there shall be no limit to the total amount borrowed by the Board under section 4 of the Act of 1954 and, accordingly, subsection (4) of the said section 4 shall be repealed.

4 Amendment of sections 2 and 3 of the Act of 1958.

4.—Sections 2 and 3 of the Act of 1958 are hereby amended by the substitution of “thirty-two million” for “thirty million” in each of those sections.

5 Supervision by Minister for Lands of proceedings of the Board in relation to the fisheries and fishing rights vested in them.

5.—(1) The proceedings of the Board in relation to the fisheries and fishing rights vested in the Board shall, without prejudice to the performance or exercise by the Board of their duties, powers and functions under the Shannon Fisheries Acts, 1935 and 1938, and Part III of the Act of 1945, be subject to the general supervision of the Minister for Lands.

6 Power of Minister for Lands to direct the Board to demise or let certain fisheries and fishing rights.

6.—(1) Subject to subsection (3) of this section, the Minister for Lands may, whenever, in the interests of the preservation, management or conduct of the fisheries and fishing rights vested in the Board, he so thinks proper, direct the Board to demise by way of lease or let by way of licence to such person (being a person who has indicated to the Minister for Lands that he consents to the making to him of the demise or letting, as the case may be), for such term and on such terms and conditions as the Minister for Lands may direct any fishery or fishing right vested in the Board.

7 Extension of sections 16 and 17 of the Act of 1945.

7.—Every fishery or fishing right vested in the Board (other than the Shannon fisheries and a fishery or fishing right acquired by the Board under the Liffey Reservoir Act, 1936, before the passing of the Act of 1945) shall be deemed, for the purposes of sections 16 and 17 of the Act of 1945, to have been acquired by the Board under Part III of that Act, and those sections shall be construed and have effect accordingly.

8 Amendment of section 18 of the Act of 1945.

8.—Section 18 of the Act of 1945 shall be amended by the deletion of subsection (2) thereof and the insertion of the following subsections:

  • “(2) The compensation payable under this section to a person for loss of earnings (which word includes, in this and the two next following subsections, the profits aforesaid) derived from fishing in the waters of a river shall be as follows, that is to say, for every complete open fishing season not exceeding thirteen at the most before the interference aforesaid during which the person was engaged or employed or both engaged and employed as aforesaid in fishing in the waters of that river—

    • (a) in case he shall have suffered total loss of the earnings aforesaid, a sum equal to four times the average weekly earnings derived by him from fishing in the waters of that river during the complete open fishing season next before the interference aforesaid,

    • (b) in case he shall have suffered partial loss of the earnings aforesaid, a sum which bears the same proportion to the sum which he would have received if he had suffered total loss of the earnings aforesaid as the partial loss aforesaid bears to the total earnings aforesaid, and

    • (c) in case, in any season after the making of a claim by the person for compensation for partial loss of the earnings derived by him from fishing in the waters of that river (being, in case he has made more than one such claim, the latest such claim) he suffers loss of the earnings aforesaid which is greater by any amount than the loss to which the claim aforesaid related, a sum which bears the same proportion to the sum which he would have received if he had suffered total loss of the earnings aforesaid as the amount aforesaid bears to the total earnings aforesaid.

  • (2A) The payment to a person of compensation under this section for total loss of the earnings derived by him from fishing in the waters of a river shall extinguish all claims of the person then existing or thereafter arising for compensation under this section for any loss of the earnings derived by him from fishing in the waters of that river and the payment to a person of compensation under this section in respect of partial loss of the earnings derived by him from fishing in the waters of a river shall extinguish all claims of the person then existing or thereafter arising for compensation under this section for such partial loss of the earnings derived by him from fishing in the waters of that river.

  • (2B) The total amount of compensation under this section paid to a person for partial loss of earnings derived from fishing in the waters of any one river shall not exceed the amount of compensation under this section to which the person would have been entitled if he had suffered total loss of earnings derived from fishing in the waters of that river.”

9 Amendment of section 5 of the Shannon Fisheries Act, 1938.

9.—(1) Section 5 of the Shannon Fisheries Act, 1938, shall be amended by the insertion in subsection (1) thereof after “every fishing right” of “(including fisheries and fishing rights owned by the State or in which the State has an estate or interest)”.

10 Annual report, statistics, returns and accounts in relation to fisheries.

10.—(1) As soon as may be after each financial year of the Board ending on or after the commencement of this Act, the Board shall make to the Minister for Lands a report in such form as the Minister for Lands may from time to time direct of theirproceedings under the Shannon Fisheries Acts, 1935 and 1938, and Part III of the Act of 1945 (including their proceedings in the performance or exercise of the duties, powers and functions imposed on or vested in the Board by those enactments in relation to the fisheries and fishing rights vested in the Board) during that financial year.

11 Amendment of section 2 of the Principal Act.

11.—Section 2 of the Principal Act shall be amended by the substitution in subsection (7) of “from time to time” for “when appointing him”.

12 Amendment of section 7 of the Principal Act.

12.—Section 7 of the Principal Act shall be amended by—

13 Increase of certain pensions in respect of service ended before 1st day of February, 1950.

13.—(1) A pension which was granted in respect of any service and which was determined as a proportion of the remuneration of the person concerned shall be increased with effect from and inclusive of the 1st day of August, 1959, by—

14 Increase of certain pensions in respect of service ended on or after the 1st day of February, 1950, and before the 1st day of September, 1956.

14.—(1) A pension which was granted in respect of any service which ended on or after the 1st day of February, 1950, which was determined as a proportion of the remuneration of the person concerned and which was increased under section 10 or section 11 of the Act of 1958, by the appropriate sum, within the meaning of that Act, shall be increased with effect from and inclusive of the 1st day of August, 1959, by—

or

whichever is the less.

15 Increase of certain other pensions.

15.—(1) This section applies to a pension which was granted before the 1st day of July, 1957, and which is determined otherwise than as a proportion of the remuneration of the person concerned.

16 Superannuation of whole-time members of the Board.

16.—(1) The Minister, with the consent of the Minister for Finance, may from time to time make a scheme (in this Act referred to as a superannuation scheme) for the provision of pensions or gratuities or pensions and gratuities for or in respect of whole-time members of the Board.

17 Particular matters to be provided for in schemes under section 16.

17.—(1) Without prejudice to the generality of the immediately preceding section, a superannuation scheme shall contain provisions giving effect to the matters set out in the Schedule to this Act.

18 Power to provide in schemes under section 16 for surrender of part of pension for annuity to wife or dependant.

18.—(1) A superannuation scheme or an amending scheme may make provision for the surrender, subject to the conditions and limitations specified therein, by a person ceasing to hold office as a whole-time member of the Board otherwise than on the ground of ill-health whose standard of health satisfies the requirements of the scheme of such part (not exceeding one-third) as may be specified in the scheme of any yearly allowance payable to him on foot of a pension under a superannuation scheme or an amending scheme in return for the grant by the Board of an annuity to which this section refers to the spouse or one dependant of that person specified by that person.

“annuity to which this section refers” means an annuity granted so as to be of such value as, on the day on which the person making the surrender ceases to hold office, is actuarially equivalent (in accordance with such tables as, on the day of such cesser, stand approved of by the Minister for Finance for the purposes of the Superannuation Act, 1956) to what is surrendered and which is payable—

and, in the case of an annuity to the spouse which is payable during the periods specified in paragraph (b) of this definition, the rate of which for the second period is double the rate thereof for the first period;

“dependant” means, in relation to a person, a member of the family of such person (being the father, mother, step-father, step-mother, son, daughter, grandson, grand-daughter, step-son, stepdaughter, brother, sister, half-brother, half-sister, uncle, aunt, nephew, niece, son-in-law or daughter-in-law) who, at the time when such person notifies the Board of his wish to make a surrender, is wholly or in part dependent on the earnings of such person, and, for the purposes of this definition, a person adopted under the Adoption Act, 1952, shall be considered as the son or daughter of the adopter or adopters born to him, her or them in lawful wedlock and not to be the son or daughter of any other person.

19 Expenses.

19.—Pensions, gratuities, annuities and increases of pensions under this Act shall be defrayed as part of the general expenses of the Board.

20 Short title, collective citation, construction and commencement.

20.—(1) This Act may be cited as the Electricity (Supply) (Amendment) Act, 1961.

SCHEDULE. Particular matters to be provided for in schemes under section 16.

1.

Subject to the provisions of this Schedule, a pension and a gratuity shall be provided for a person on—

2.

Where a person dies during his term of office as a member of the Board after not less than five years' pensionable service, the personal representative of that person shall be granted and paid a gratuity (in this Schedule referred to as a death gratuity) of an amount equal either to the retiring salary of that person or the gratuity which would have been granted and paid to that person if he had resigned from office on account of ill-health on the day of his death, whichever is the greater.

3.

If a person who on ceasing to hold office as a member of the Board has been granted a pension or a pension and a gratuity by the Board dies at a time when the amount of the payments made to him on foot of the pension from the time of such cesser to the date of his death or the combined amounts of such payments and of the gratuity, as the case may be, is less by any sum than the amount of the death gratuity which would have been granted to his personal representative if he had died immediately before such cesser, the Board shall pay a gratuity equal to that sum to his personal representative.

4.

A pension or gratuity, other than a death gratuity, shall not be provided for or in respect of a person unless the period of his pensionable service is not less than ten years.

5.

In reckoning periods of pensionable service fractions of a year shall be disregarded.

6.

The amount of a pension payable to any person shall not exceed one-half of the retiring salary of that person.

7.

(1) Whenever the amount of a pension granted by the Board to any person exceeds the amount which would have been payable if it had been calculated at the rate of one-eightieth of the retiring salary of that person for every completed year of his pensionable service, no gratuity shall be payable to that person by the Board.

8.

A pension shall not be capable of being charged or assigned.

9.

Whenever a person to whom a pension has been granted by the Board is incapable of giving a receipt for any sum payable on foot thereof, the sum may be paid, at the discretion of the Board, either to such other person as the Board may think fit, or to any institution having care of the person to whom the pension has been granted.

10.

Whenever a person to whom a pension has been granted by the Board is employed in any situation remunerated out of moneys provided by or out of one or more of the following, namely, the Board, the Oireachtas, the Central Fund, a local authority or a board or body established by or under an Act of the Oireachtas or an Act of the Oireachtas of Saorstát Éireann—

11.

Whenever a person to whom a pension has been granted by the Board has been granted, whether before or after the grant of the pension by the Board, a pension (in this paragraph referred to as the second pension) in respect of service in a situation referred to in the immediately preceding paragraph—

12.

(1) In this Schedule—

“pensionable service” means—

“pensionable yearly salary” means, in relation to a member of the Board, the yearly salary of the member but does not include payments in respect of expenses, gratuities, bonuses or other special or exceptional payments to the member;

“retiring salary” means, in relation to a member of the Board, his average pensionable yearly salary during the period of three years ending on the date on which his pensionable service ends.

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