S.I. No. 76/1998:

CÓRAS IOMPAIR ÉIREANN (ADDITIONAL FUNCTIONS) ORDER, 1998

CÓRAS IOMPAIR ÉIREANN (ADDITIONAL FUNCTIONS) ORDER, 1998

I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 25 of the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 (No. 31 of 1986), and the Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 299 of 1997 ), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), and with the consent of the Minister for Finance, hereby order as follows:

1. This Order may be cited as the Córas Iompair Éireann (Additional Functions) Order, 1998.

2. This Order shall come into operation on the day of , 1998.

3. In this Order--

"telecommunications cable" includes fibre optic cable;

"telecommunications network equipment" includes fibre optic network equipment.

4. In addition to any other functions vested in or conferred on the Board by any enactment, the Board may--

(a) own, operate, maintain and use telecommunications cable and telecommunications network equipment,

(b) carry out any works necessary for the construction, erection, laying, enlargement, altering and working of telecommunications cable and telecommunications network equipment,

(c) supply any materials, products and things for the purpose of the construction, erection, laying, enlargement and altering of telecommunications cable and telecommunications network equipment,

(d) receive moneys and impose charges in respect of such telecommunications cable and telecommunications network equipment.

(e) enter into an agreement concerning telecommunications cable and telecommunications network equipment with any person and, without prejudice to the generality of the foregoing, such agreement may include provision for --

(i) the carrying out of works in respect of the construction, erection, laying, enlargement and altering of telecommunications cable and telecommunications network equipment,

(ii) supplying any materials, products and things for the purpose of the construction, erection, laying, enlargement and altering of telecommunications cable and telecommunications network equipment,

(iii) the ownership, operation, maintenance, payment of moneys, imposition of charges and use of telecommunications cable and telecommunications network equipment, and

(f) do any thing which is necessary for the performance of the functions specified in this Order.

GIVEN under my Official Seal, this 24th day of March 1998.

Mary O'Rourke, T.D.,

Minister for Public Enterprise

The Minister for Finance hereby consents to the making of the foregoing Order.

GIVEN under my Official Seal, this 26th day of March, 1998.

Charlie McCreevy,

Minister for Finance.

EXPLANATORY NOTE

The effect of this Order is to extend Córas Iompair Éireann's functions under section 25 of the Transport Reorganisation of Córas Iompair Éireann) Act, 1986 to enable it to enter into agreements with third parties for the building of telecommunications networks by means of laying cable alongside the existing railway lines, and to give Córas Iompair Éireann powers to operate such networks.