S.I. No. 179/1961:

CORK GAS ORDER, 1961.

CORK GAS ORDER, 1961.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title, commencement and collective citation.

2. Application of Acts.

3. Interpretation.

4. Change of name.

5. Capital of the company.

6. New capital.

7. Terms of issue of stock.

8. Privileges of holders of new capital.

9. Application of money arising from issue of new stock.

10. Power to issue bonus stock.

11. Power to borrow.

12. Priority of mortgages.

13. Priority of existing mortgages.

14. Reserves.

15. Limits of supply.

16. Appointment of directors.

17. Quorum of meeting of directors.

18. Satisfaction for damaging pipes.

19. Accounts.

20. Adjustment of charge for gas on alteration of the price.

21. Meter remains company's property.

22. Access to meter.

23. Repeals.

S.I. No. 179 of 1961.

CORK GAS ORDER, 1961.

1. I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the power conferred on me by section 10 of the Gas Regulation Act, 1920, and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby make the following order with respect to which, pursuant to that section, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

(1) This Order may be cited as the Cork Gas Order, 1961, and shall come into operation on the 17th day of August, 1961.

(2) The Cork Gas Act, 1868, the Cork Gas (Charges) Order. 1922 (S.R. & O., No. 1 of 1922), the Order of 1940, the Order of 1948, and this Order may be cited together as the Cork Gas Act and Orders, 1868 to 1961.

2. (1) The following enactments so far as the same are applicable for the purpose of this Order and are not inconsistent with the provisions of the Gas Regulation Act, 1920, the Gas Regulation Act, 1957 , or of the Cork Gas Act and Orders, 1868 to 1961, except where expressly varied by this Order, are hereby incorporated with this Order, namely:--

the Companies Clauses Consolidation Act, 1845;

the Companies Clauses Act, 1863, as amended by subsequent Acts; the Lands Clauses Acts, except so much thereof as relates to the purchase and taking of lands otherwise than by agreement and to the entry upon lands by the promoters of the undertaking (within the meaning of those Acts);

the Gasworks Clauses Act, 1847;

the Gasworks Clauses Act, 1871;

and for the purposes of such incorporation the term " special Act " in the said Acts respectively shall be construed to mean this Order and the terms " the undertakers " and " the promoters of the undertaking " shall mean the company.

(2) In the application to the company of the Gasworks Clauses Act, 1847, as incorporated with the Act of 1868, the Order of 1940, the Order of 1948 and this Order section 13 shall be construed as if--

(a) " or any premises " were inserted after " private building ", and

(b) " provided that every such contract entered into by the Undertakers shall be alike in terms and amount under like circumstances to all consumers " were added at the end of that section.

(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order--

the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith, or by the Gas and Water Works Facilities Act, 1870, or by the Gas Regulation Act, 1920, have the same respective meanings, unless there be something in the subject or context repugnant to such construction;

" the Act of 1868 " means the Cork Gas Act, 1868;

" the Order of 1940 " means the Cork Gas Order, 1940 (S.R. & O., No. 181 of 1940);

" the Order of 1948 " means the Cork Gas Order, 1948 (S.R. & O., No. 422 of 1948);

" the company " means the Cork Gas Consumers' Company;

" the undertaking " means the undertaking authorised by the Act of 1868, the Order of 1940 and the Order of 1948 and this Order, and shall include the gasworks and works connected therewith by the Act of 1868 and the Order of 1940 and the Order of 1948 and this Order authorised to be maintained and constructed;

" the Minister " means the Minister for Transport and Power;

" the directors " means the directors of the company;

" meter " shall include a coin meter and all fittings and piping installed with any meter on the premises of the consumer;

" consumer " means any person or body supplied with gas by the company.

4. The company may with the approval of the Minister and of the Minister for Industry and Commerce change its name.

5. The capital of the company shall be seven hundred and fifty thousand pounds consolidated ordinary stock consisting of one hundred and fifty thousand pounds consolidated stock (old stock) and six hundred thousand pounds (new stock) to be raised in the manner hereinafter appearing.

6. The company may raise the said new stock of six hundred thousand pounds (hereinafter referred to as " the new capital " by the creation and issue of new stock (other than terminable loans or debenture stock) and the company may create and issue such new stock either wholly or partially as ordinary stock or wholly or partially as preference stock in such manner and at such time or times and otherwise as the company in general meeting shall determine and notwithstanding anything contained in the Companies Clauses Act, 1863, or in any other Act any such preference stock may bear such rate of dividend and confer such priorities and privileges as to payment of dividend or repayment of capital over any other stock as the company determine at the time or times of the creation or issue thereof.

7. The company may in issuing any stock under Article 6 of this Order dispose of same at such times and to such persons, on such terms and conditions, at such premium or at such discount and in such manner as the directors of the company think advantageous to the company. The amount payable on application for the new stock of the company shall be a sum not less than 5% of the amount of such stock applied for.

8. All stock forming part of the new capital authorised by this Order shall form part of the general capital of the company and save as is otherwise expressly provided by the terms of creation or issue the holders thereof respectively shall, in proportion to the amount of new capital to which they are entitled, be subject and entitled to like powers, provisions, liabilities, rights, privileges and incidents in all respects as holders of the stock of the company existing at the date of this Order.

9. Any sum of money which may arise from the issue of any stock under the provisions of this Order by way of premium after deducting therefrom the expenses of and incidental to such issue shall not be considered as profits of the company but shall be expended in extending or improving the works of the company or in paying off money borrowed or owing on mortgage by the company and shall not be considered as part of the capital of the company entitled to dividend.

10. The company may in general meeting from time to time by resolution capitalise the undistributed profits of the company by making an issue of ordinary or preference stock to be distributed by way of bonus to the holders for the time being of the stock of the company in proportion to their existing holdings and such bonus stock shall rank pari passu in all respects including dividend rights with the like stock already issued as if such bonus stock so distributed had been issued for cash.

11. Notwithstanding anything contained in any Act or Order relating to the company, the company may from time to time subject to the provisions of this Order borrow for the purpose of the undertaking by mortgage of the undertaking or by the issue of debentures or debenture stock (redeemable or irredeemable) which may be issued at par or at a discount or at a premium a sum or sums not exceeding in the whole at any one time the sum of £500,000 to be known as loan capital, and may so borrow the said sum without being required to obtain the certificate referred to in section 40 of the Companies Clauses Consolidation Act, 1845. Provided that the restrictions on the amount of money which may be borrowed shall not apply to money borrowed from time to time by way of unsecured bank overdraft.

12. All money raised or to be raised by the company under the Act of 1868 or the Cork Gas Order, 1948, or this Order either on mortgage or by the issue of debentures or debenture stock and the interest due thereon respectively shall have priority against the company and the property from time to time of the company over all other claims on account of any debts incurred or engagements entered into by the company after the date of this Order but this priority shall not affect any claim against the company or its property in respect of any rent charge granted or to be granted by it in pursuance of the Lands Clauses Acts or in respect of any rent or sum reserved by or payable under any lease granted or made to the company which is entitled to rank in priority to or pari passu with the interest on mortgages, debentures or debenture stock.

13. All mortgages granted or debentures or debenture stock issued by the company in pursuance of the Act of 1868 or the Order of 1948 and subsisting at the date of this Order shall during the continuance thereof have priority over all mortgages, debentures and debenture stock made or issued in pursuance of this Order.

14. The Directors may, before recommending any dividend, set aside out of the profits of the company such sums as they think proper as a reserve or reserves which shall, at the discretion of the directors be applicable for meeting contingencies or for equalising dividends or for any other purpose to which the profits of the company may be properly applied and pending such application may at the like discretion either be employed in the business of the company or be invested in such investments (other than shares of the company) as the directors may from time to time think fit and any provision of any Act passed before the making of this Order or of any Order made under any such Act shall cease to have effect in so far as it purports to limit the creation or restrict the creation or the amount or the application of any such reserve fund or funds and section 32 of the Gasworks Clauses Act, 1847, shall cease to apply in relation to such reserve.

15. (1) The limits within which the company may supply gas for public and private purposes and put the Cork Gas Act and Orders, 1868 to 1948, in execution shall in addition to the limits of supply prescribed by the Act of 1868, extend to and include such parts of the electoral divisions of Whitechurch, Rathcooney and Caherlag in the county of Cork, as are not included in the limits of supply prescribed by the Cork Gas Act and Orders, 1868 to 1948, or in the area of any other existing gas undertaking.

(2) The company is hereby authorised to supply gas for public and private purposes within the said limits as so extended as aforesaid.

(3) For the purpose of the supply of gas within the said limits as so extended and of giving effect to this Order, the company may exercise such powers under the Cork Gas Act and Orders, 1868 to 1948, as may be necessary or desirable for carrying the same into execution, and in particular, subject to the provisions of the Cork Gas Act and Orders, 1868 to 1948, the company may alter, extend, adapt, use and make applicable to such purposes all or any of their existing mains, pipes, machinery, works, plants and appliances, or any part or parts thereof, and the several powers possessed by the company under the Cork Gas Act and Orders, 1868 to 1948, or any of them, to the extent to which the same are or can be made applicable for the said purposes, may be exercised by the company in connection therewith within the said limits as so extended as aforesaid.

(4) The company is hereby authorised to sell liquid gas in any place within or without the limits mentioned in paragraph (1) of this Article.

16. No person not being a director retiring by rotation shall be eligible for election to the office of director at any general meeting unless he or some other stockholder intending to propose him has at least seven clear days and not more than twenty eight days before the meeting left at the company's office a notice in writing duly signed signifying his candidature for the office or the intention of such stockholder to propose him.

17. The quorum for a meeting of directors shall be two.

18. The sum which shall be payable to the undertakers as satisfaction by any person who carelessly or accidentally breaks, throws down or damages any pipe, pillar or lamp belonging to the undertakers or under their control shall be the cost of replacement and section 20 of the Gasworks Clauses Act, 1847, shall be construed accordingly.

19. Notwithstanding anything contained in section 73 of the Act of 1868 it shall not be necessary to publish the accounts of the company in any newspaper. The prescribed form of accounts may be changed with the sanction of the Minister.

20. Where there is an alteration in the price of gas and no reading shall have been made of the meter on a consumer's premises on the day on which the alteration takes effect, the charge for gas supplied during the period since the last meter reading shall be adjusted ratably in proportion to the number of days before and after such operative date.

21. The company shall determine the type and size of meter to be supplied to the consumer. The meter shall remain the company's property and shall be returned by the consumer on termination of the supply of gas unless the same or any part thereof shall have been purchased by the consumer. Subject to the provisions of this Order, the consumer shall at all times be solely responsible for the safe custody of the meter and all piping and ancillary fittings belonging to the company on the consumer's premises and shall indemnify the company in respect of any damage thereto including costs of removal and replacement (if any) from whatever cause including fire, accident, theft and malicious injury, but excepting fair wear and tear. The consumer shall not interfere or permit any interference with the meter or piping or ancillary fittings which are the company's property whether for repairs or any other purpose whatsoever without the company's consent, and shall notify the company promptly of any defect therein observed or suspected or if any alteration or other attention thereto is required.

22. (a) The company's officials shall have access to the meter at all reasonable times for all reasonable purposes including reading, inspection, repair and removal and additionally in the case of coin meters, for the purpose of collecting money therefrom and they shall have the right of inspecting all gas appliances and fittings and piping used by the consumer (including the property of the consumer) and of obtaining such information as may reasonably be required regarding the use of same.

(b) If the company's officials fail to gain access to the meter for the aforementioned purposes, the consumer shall, if subsequently requested, as soon as may be reasonably possible, arrange with the company to provide such access between the hours of 9.00 a.m. and 5.00 p.m.

(c) If the company's officials fail to gain access for the purpose of reading the meter (other than a coin meter) in order to determine the amount due for gas used then, in addition to the company's rights under the immediately preceding paragraphs, the company may estimate the gas consumed based on previous recordings. The consumer shall be bound to accept such estimate as correct in respect of the period to which the reading would have related but any difference between the estimated consumption and the actual consumption shall be adjusted when a reading of the meter is subsequently obtained and the company shall either credit or charge the difference, as the case may be, to the consumer.

(d) Failure by the consumer to comply with the provisions of this Article shall, in so far as such failure impedes or delays payment or collection of payment for gas used, be deemed to be neglect or refusal within the meaning of such provisions as are applicable to payment and recovery of gas charges.

23. (a) Sections 22, 28, 37, 55, and 58 of the Act of 1868 are hereby repealed.

(b) Articles 4, 5 and 7 of the Order of 1948 are hereby revoked.

GIVEN under my Official Seal, this 17th day of August, 1961.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order amends the Cork Gas Act and Orders, 1868 to 1948 relating to the Cork Gas Consumers' Company and certain Public General Acts in so far as they apply to the Company. The principal effects of the Order are to increase the authorised share capital of the Company, to increase the Company's permitted borrowing powers and to abolish certain restrictions on the disposal of the Company's profits.