S.I. No. 202/1967:

TRANSPORT ACT, 1963 (RAILWAY WORKS) ORDER, 1967.

TRANSPORT ACT, 1963 (RAILWAY WORKS) ORDER, 1967.

ARRANGEMENT OF ARTICLES.

1. Short title.

2. Definitions.

3. Deposit of plan and book of reference.

4. Compulsory acquisition of land.

5. Compensation.

6. Application of the Lands Clauses Acts.

7. Power to make railway and other works.

8. Period for completion of railway.

9. Gauge.

10. Motive power.

11. User of railway.

12. Opening of railway.

13. Application of Railways Clauses Consolidation Act, 1845.

14. Power of entry on land before conveyance or payment.

15. Redemption of annuities and other periodical payments.

16. Protection of telegraphic lines.

17. Protection of Electricity Supply Board.

18. Protection of property of the State and of Foynes Harbour Trustees.

19. Expenses of the Minister.

20. Saving for general Acts relating to railways.

S.I. No. 202 of 1967.

TRANSPORT ACT, 1963 (RAILWAY WORKS) ORDER, 1967.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 6 of the Transport Act, 1963 (No. 17 of 1963), being of opinion, after consideration of an application by Córas Iompair Éireann for a railway works order, after consultation with the Minister for Local Government and after due compliance by Córas Iompair Éireann with section 3 of that Act, that the said application should be granted, hereby order as follows:

1. This Order may be cited as the Transport Act, 1963 (Railway Works) Order, 1967.

2. In this Order:--

"the Board" means Córas Iompair Éireann;

"the County Registrar" means the County Registrar for the County of Limerick;

"the deposited plan" and "the deposited book of reference" mean, respectively, the copy of the plan and the copy of the book of reference deposited with the County Registrar as hereinafter provided;

"mechanical power" means electric and any other motive power not being animal power;

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

"the plan" and "the book of reference" mean, respectively, the plan and the book of reference to the plan which accompanied the application for this Order;

"the railway" means the railway authorised by this Order;

"the works" means the works authorised by this Order.

3. The Board shall deposit with the County Registrar as soon as possible after the making of this Order true copies of the plan and the book of reference and shall publish notice of such deposit in such newspaper or newspapers as the Minister shall direct.

4. (1) The Board is hereby authorised to acquire compulsorily the lands shown within the red verge line on the deposited plan for the purpose of the construction, maintenance and operation of the works.

(2) The Board shall, as soon as practicable after the making of the deposit required by Article 3 of this Order, send a notice by prepaid ordinary post to each person having or reputed to have an estate or interest proposed to be acquired in any of the aforesaid lands, so far as the names and present addresses of such persons are known to the Board, setting out the situation and area of such lands in which such person is, or is reputed to be, interested, together with a sketch or plan of such lands annexed thereto.

5. (1) Compensation shall be paid by the Board to any person having an estate or interest in the lands compulsorily acquired by it hereunder.

(2) Any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(3) Upon the appointment of an arbitrator to determine any question of disputed compensation in accordance with this Article, the Board shall cause to be published on two separate days in a daily newspaper circulating in Ireland a notice stating that such arbitrator has been appointed.

6. The Lands Clauses Acts as amended by the Housing of the Working Classes Act, 1890, in the Second Schedule thereto shall be incorporated with this Order subject to the following modifications:--

(a) for the purposes of the Lands Clauses Acts, the Board shall be deemed to be the promoter and this Order shall be deemed to be the Special Act;

(b) for the purposes of the Second Schedule to the Housing of the Working Classes Act, 1890, the Board shall be deemed to be the local authority, the Minister shall be deemed to be the confirming authority and this Order shall be deemed to be the confirming Act;

(c) sections 127 to 130 of the Lands Clauses Consolidation Act, 1845, shall not apply;

(d) sections 4 and 8 of the Railways Act (Ireland), 1851, and Articles 1, 2, 3 and 6 of the Second Schedule to the Housing of the Working Classes Act, 1890, shall not apply.

7. (1) Subject to this Order, the Board may lay down, make and maintain within the boundaries marked red and according to the levels shown on the deposited plan, the railway and railway lines hereinafter described, together with all proper sidings, loops, passing points, junctions, rails, plates, approach roads, works and conveniences connected therewith and may use the lands delineated on the deposited plan by the said boundaries as may be required for such purposes, that is to say:--

a double line railway of .21 miles approximately in total length forming a junction with the existing railway of the Board at a point about 125 yards from the building, marked "Engine Shed" on the deposited plan, at the Board's station at Foynes in the county of Limerick and running thence in a north-easterly direction.

(2) The line of railway shall consist of two steel rails each weighing approximately 85 lbs. per linear yard, resting on metal plates laid on timber sleepers and clipped thereto with two bolts at each rail on every sleeper and laid on a bed of not less than four inches of gravel or stone ballast.

8. The Board shall complete and finish, ready for use, the railway works within two years from the date of this Order or such further period not exceeding one year as the Minister may allow, and on the expiration of the said period of two years or such further period as may be allowed, the powers by this Order granted to the Board for executing the same or otherwise in relation thereto shall cease except as to so much thereof as shall then be completed.

9. The gauge of the railway shall be 5 feet 3 inches.

10. Subject to this Order, the Board may work the railway by mechanical power.

11. The railway shall form part of the undertaking of the Board and may be used by the Board for any purpose connected with the powers and duties of the Board.

12. No part of the railway shall be opened for traffic until the railway has been inspected and certified fit for traffic by an Inspector duly appointed by the Minister under the Regulation of Railways Act, 1871.

13. (1) Sections 7 to 14, section 16, sections 18 to 24, section 45, sections 68 to 75, and sections 77 and 105 of the Railways Clauses Consolidation Act, 1845, shall (except where inconsistent with any other Article of this Order) apply in respect of the railway subject to the following modifications, that is to say:--

(a) reference to the Company shall be construed as reference to the Board;

(b) reference to the Special Act shall be construed as reference to this Order;

(c) reference in any of the said sections to the plans and sections or books of reference, whether with or without the addition of any qualifying description, shall be construed as reference to the deposited plan or the deposited book of reference, as the case may be;

(d) reference in section 7 to two Justices shall be construed as reference to the Minister;

(e) reference in sections 7 to 10 to clerks of the peace or postmasters shall be construed as reference to the County Registrar and in section 8 reference to Parliament shall be construed as reference to the Minister;

(f) in section 11--

(i) reference to the common datum line described in the section approved of by Parliament and in the said section 11 stated to have been marked on such approved section shall be construed as reference to the Ordnance datum;

(ii) reference to the consent of two or more Justices of the Peace in Petty Sessions assembled for the purpose and acting for the District in which a street or public highway may be situated shall be construed as reference to the consent of the Minister;

(iii) the second proviso shall not apply;

(g) in section 14 there shall be substituted for the reference to "three feet" in the first sub-paragraph thereof a reference to "eight feet";

(h) any penalty under sections 23, 24, or 75 may be recovered by summary proceedings before a Justice of the District Court;

(i) in sections 69 to 71 reference to two Justices or to such Justices shall be construed as reference to a Justice of the District Court;

(j) prior to the determination of any dispute between the Board and any owner or occupier under section 69 (as hereinbefore modified) the Board shall serve on such owner or occupier a notice with a sketch or plan attached thereto setting out the nature and position of the accommodation works (if any) proposed by the Board, service of such notice to be by prepaid ordinary post addressed to such owner or occupier by name at his usual or last-known address.

(2) None of the provisions of the Railways Clauses Consolidation Act, 1845, save those expressly applied by this Article, shall apply in respect of the railway.

14. The Board is hereby authorised by way of addition to and not in substitution for any other power in that behalf herein contained, at any time before conveyance of, or ascertainment of the price or compensation for, land being compulsorily acquired by the Board under this Order, to enter and take possession of the land provided that--

(a) the Board shall, if it so enters and takes possession, be liable to pay to the occupier of the land interest on the amount of the price or compensation payable to him hereunder at the rate of three per cent per annum from the date of entry until payment of the price or compensation;

(b) the Board shall have, before so entering or taking possession, given to the occupier of such land at least one month's, or, in the case of an occupied dwellinghouse, three months' previous notice in writing of its intention to enter on or take possession of the land;

(c) the notice required by the immediately preceding sub-paragraph hereof may be served--

(i) by sending it by prepaid post in an envelope addressed to the occupier by name at his usual or last-known address, or

(ii) in the event of the name or the usual or last-known address of the occupier not being known to the Board, by sending the notice by prepaid post in an envelope addressed in either or both of the following ways, that is to say:--

(a) by the description "the occupier" without stating his name,

(b) at the land or the situation of the property to which the notice contained in the envelope relates;

(d) on the notice hereinbefore required having been posted and addressed in the manner or any one of the manners hereinbefore set out, it shall be deemed, for the purpose of complying with the conditions contained in this Article, to have been served on the person who is the occupier at the time when in the ordinary course of post it would have been delivered to him.

15. Whenever the Board acquires, or enters on and takes possession of, any land under this Order which is subject, either alone or in conjunction with other land, to a land purchase annuity or a reclamation annuity, payment in lieu of rent or other sum payable periodically (not being merely rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the Board shall--

(a) as from the date on which it acquires, or enters on and takes possession of the land, whichever date is the earlier, become and be liable to pay to the Irish Land Commission or the said Commissioners (as the case may be) such periodical sum, or such portion thereof as shall be apportioned by the Irish Land Commission or the said Commissioners (as the case may be) on the land, as if the land had been transferred to the Board by the owner thereof on that date,

(b) be entitled, if the Board so thinks fit, to redeem the periodical sum or the portion thereof aforesaid, and

(c) be obliged, if required by the Irish Land Commission or the said Commissioners (as the case may be) so to do, to redeem the periodical sum or the portion thereof aforesaid.

16. Nothing in this Order contained shall authorise any interference with any telegraphic line of the Minister for Posts and Telegraphs as defined by the Telegraph Acts, 1863 to 1953, or other property of the Minister for Posts and Telegraphs or of any of the rights of the Minister for Posts and Telegraphs under the said Acts.

17. Nothing in this Order contained shall authorise the Board to interfere with any of the electric wires or works of the Electricity Supply Board except with the consent of the Minister and subject to such terms and conditions as the Minister, after consultation with the Electricity Supply Board, thinks proper.

18. Nothing in this Order shall affect any estate or interest vested in the State or in any Minister of State, or in the Foynes Harbour Trustees, in any property, real or personal, or be construed as restricting or prejudicing--

(a) the rights of the State or any right, power, privilege or duty vested by law in any Minister of State or officer of any such Minister, or

(b) the rights of the Foynes Harbour Trustees,

in relation to any such estate or interest, and, in particular any powers of erecting, constructing, altering or extending any works conferred by this Order shall not be construed as conferring on the Board any rights of entry into any such property, but this Article shall not operate to prevent the exercise in accordance with this Order by the Board of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Board.

19. Any expenses incurred by the Minister in the exercise of his powers and functions under this Order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the Board.

20. Nothing in this Order contained shall exempt the Board from the provisions of any general Act relating to railways and such provisions shall have effect to the extent to which they are not inconsistent with the provisions of this Order.

GIVEN under my Official Seal this 8th day of September, 1967.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE

The effect of this Order is to confer on Córas Iompair Éireann the powers necessary to construct, maintain and operate an extension railway line and ancillary works at Foynes, County Limerick, and to acquire land compulsorily for that purpose.