Transport Act , 1950

(a) an order exempting the Board from the obligation to operate a service of trains for (as may be specified in the order) passengers and merchandise or either of them over any specified railway line, or

(b) an order exempting the Board from the obligation to restore any service of trains over a specified railway line, being a service which was temporarily discontinued under the Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (S. R. & O., No. 354 of 1944);

the expression “interested party” means any body of persons;

the word “obligation” means any obligation whether statutory, contractual or otherwise imposed;

the expression “railway line” includes a section of railway line;

the expression “the Tribunal” means the Transport Tribunal established by section 54.

54 The Transport Tribunal.

54.—(1) (a) On the establishment date there shall, by virtue of this section, stand established a tribunal, to be called the Transport Tribunal, to fulfil the functions assigned to them by this Part.

(b) In exercising their functions, the Tribunal shall have regard (amongst other matters) to section 15.

(2) The provisions contained in the Sixth Schedule to this Act shall apply in respect of the Tribunal.

(3) In addition to the functions specified in this Part, the Tribunal shall, if and when so requested by the Minister, advise the Minister on any matters relating to transport services which are specified in the request.

55 Obligations of Board to operate train services.

55.—(1) Except under and in accordance with an exemption order, the Board shall not:—

(a) discontinue, either temporarily or permanently, a service of trains for passengers or merchandise or either of them which was in operation immediately before the establishment date, or

(b) discontinue permanently a service of trains for passengers or merchandise or either of them which was temporarily discontinued under the Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (S.R. & O., No. 354 of 1944).

(2) The Board may from time to time apply to the Tribunal to make, in respect of any particular railway line, an exemption order, and the application shall contain full particulars of the order which the Board wishes to obtain.

(3) Whenever the Board applies for an exemption order, the following provisions shall have effect:—

(a) the Board shall publish, in such manner and times as the Tribunal direct, a notice which shall:—

(i) set out a copy of the application,

(ii) contain an intimation that any interested party may, before a specified date (to be fixed by the Tribunal) submit to the Tribunal objections to the making of the order,

(b) any interested party who objects to the making of the order may, before the said date, send the objections in writing to the Tribunal,

(c) if no objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal shall make the order,

(d) if any objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal, after hearing the objectors and the Board, shall do one of the following things:—

(i) make the order, with or without modifications, and without any limitation as to the period of its operation,

(ii) make the order, with or without modifications, but limiting its operation to a specified period, and the order, if so made, is, in this section, referred to as a temporary order,

(iii) refuse to make the order.

(e) if the Tribunal make the order under paragraph (c) or (d) of this subsection—

(i) the Tribunal shall fix the date on which it is to come into operation,

(ii) the Board shall publish, in such manner and at such time or times as the Tribunal direct, notice of the making of the order.

(4) Whenever the Tribunal make an exemption order in relation to a railway line, then, in case the order is not a temporary order, at all times after the order comes into force or, in case the order is a temporary order, during the period specified therein, the following provisions shall apply—

(a) the order shall operate to exempt the Board from any obligation to provide a service of trains for passengers and merchandise or either of them (as may be specified in the order) on that railway line,

(b) the order shall not affect in any way any liability of the Board to maintain all bridges, level crossings, fences, drains and other works constructed and maintained for the use, accommodation or protection of the public generally or of any section of the public or of owners or occupiers of particular lands,

(c) so much of section 47 of the Railways' Clauses Consolidation Act, 1845, as makes it obligatory to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on that railway line if and so long as all the gates on that level crossing are kept and secured in such position as to permit the free passage of road traffic across the line at that level crossing,

(d) it shall be the duty of the Board to operate, in the area previously served by that railway line, road transport services which are, having regard to the requirements from time to time of that area, adequate.

(5) Nothing in this section shall operate to prejudice or affect any power or right vested in the Minister for Posts and Telegraphs under or by virtue of the Railways (Conveyance of Mails) Act, 1838.

56 Release of the Board from obligation to keep certain canals or parts of canals open for navigation.

56.—(1) In this section—

the word “canal” has the same meaning as in the Regulation of Railways Act, 1873;

the expression “road authority” has the same meaning as in the Local Government Act, 1946 (No. 24 of 1946);

(2) Where a canal belonging to the Board or part of a canal belonging to the Board has not been used for public navigation for three years or more, the Board may apply to the Tribunal for an order under this subsection releasing the Board from the obligation to keep that canal or part (as the case may be) open for navigation, and thereupon the following provisions shall have effect:—

(a) the Board shall publish, in such manner and times as the Tribunal direct, a notice which shall—

(i) set out a copy of the application,

(ii) contain an intimation that any interested party may before a specified date (to be fixed by the Tribunal) submit to the Tribunal objections to the making of the order,

(b) any interested party who objects to the making of the order may, before the said date, send objections in writing to the Tribunal,

(c) if no objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal shall make the order,

(d) if any objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal, after considering the objections, shall either—

(i) make the order, or

(ii) refuse to make the order,

(e) if the Tribunal make the order—

(i) the Tribunal shall fix the date on which it is to come into operation,

(ii) the Board shall publish, in such manner and at such time or times as the Tribunal direct, notice of the making of the order,

(iii) as on and from the date on which the order comes into operation that canal or part (as the case may be) shall be deemed to be closed to navigation,

(iv) the order shall operate to release the Board from any obligation to keep that canal or part (as the case may be) open and in a fit condition for navigation, but shall not release the Board from any other obligations (including obligations in regard to drainage or the prevention of flooding) to which the Board may be liable as respects that canal or part (as the case may be),

(v) as respects any bridge over that canal or part (as the case may be), the Board and the road authority, within whose functional area the bridge is situate, may enter into an agreement for the transfer of the bridge and the obligation to maintain it to that road authority, and may carry such agreement into effect.

(3) The functions of a road authority under subsection (2) of this section shall—

(a) in case the road authority is the corporation of a county borough, be a reserved function for the purposes of the enactments relating to that corporation,

(b) in any other case, be a reserved function for the purposes of the County Management Acts, 1940 and 1942.

PART IX. Miscellaneous Provisions.

57 Language of public notices and tickets.

57.—(1) All permanent public notices and signs (including the names of stations) maintained by the Board shall be in the Irish language but may be in both the Irish and English languages.

(2) All passenger card tickets issued by the Board for journeys within the State shall be printed in the Irish language but may be printed in both the Irish and English languages.

58 Service of documents on the Board.

58.—Any document required by or authorised by law to be served on the Board may be so served by—

(a) handing it to the secretary of the Board at the principal office in the State of the Board, or

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

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

59 Penalty for trespass on railways of the Board.

59.—(1) If any person trespasses on any of the railways of or worked by, the Board, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

(2) Where a person is charged with an offence under this section in respect of a trespass—

(a) the fact that he had not received a personal warning shall not be a ground of defence,

(b) he shall not, in any case, be convicted of the offence unless the Board proves to the satisfaction of the Court that, at the date of the trespass there was affixed at the station of the Board and at the level crossing nearest to the spot where the trespass is alleged to have been committed, a notice (painted on boards or printed, painted or enamelled, on iron or any other material) in legible characters warning persons not to trespass on the railways of the Board.

(3) No person lawfully crossing the railway of the Board at any level crossing or by means of any accommodation works maintained in pursuance of section 68 of the Railways' Clauses Consolidation Act, 1845, shall be liable to any fine under this section.

(4) An offence under this section may be prosecuted by the Board.

60 Carriage of dangerous goods by rail.

60.—(1) Nothing in this Act shall impose any obligation on the Board to accept dangerous goods for conveyance by rail or shall prejudice or derogate from the powers of any Minister of State under the Explosives Act, 1875, or affect the validity or operation of any order, rule or bye-law made under the powers contained in that Act.

(2) If the Board accepts dangerous goods for conveyance by rail the goods shall be conveyed subject to such bye-laws, regulations and conditions as the Board may think fit in regard to the conveyance or storage thereof, and the owner or consignor of such goods shall indemnify the Board from and against all loss or damage which may result to the Board or to which the Board may be or become liable owing to non-compliance with the said bye-laws, regulations and conditions as to such goods and shall pay full compensation for all injury to the Board's servants and damage to its property so arising unless it is proved that the injury or damage is due to the wilful misconduct of the Board's servants.

(3) Where the former Great Southern Railways Company, Córas Iompair Éireann (1945) or the Board has declared any article to be dangerous it shall lie on the person requiring the article to be carried to show that it is not dangerous.

61 Protection of ports.

61.—(1) In this section the expression “interested person” includes the Minister, the Minister for Agriculture, the Commissioners of Public Works in Ireland, a harbour authority, the corporation of a county or other borough or the council of any county or urban district.

(2) The Board shall not by rates or fares charged, whether through or local, or by facilities provided for it or otherwise, place any one port in the State at an undue disadvantage as compared with any other port in the State to, from or through which traffic is or may be carried.

(3) The Board shall, if required by any interested person use all proper endeavours to provide a reasonable system of through booking with through rates, fares and facilities by all reasonable routes.

(4) No rebates, commissions or agency or other allowances shall be given by the Board to traders at or using any port in the State which are not given by the Board in similar circumstances to traders at or using any other port in the State.

(5) If any dispute arises under this section or in relation to any matter or thing thereunder or as to whether the Board is fulfilling its obligations thereunder or taking all reasonable steps for that purpose, the dispute may, at the instance of the Board or the interested person concerned be referred to the High Court and thereupon the High Court shall determine the dispute.

62 Provisions as regards construction and maintenance of telegraphs.

62.—Notwithstanding anything in this Act, on and after the establishment date, all enactments, awards, deeds, agreements and arrangements containing provisions as between the Minister for Posts and Telegraphs and Córas Iompair Éireann (1945) (as successor to the former Great Southern Railways Company or other wise) relating to the construction and maintenance of telegraphs shall continue to apply only to the system of railways, works and lands which immediately before the establishment date formed the railway undertaking of Córas Iompair Éireann (1945) and to the said Minister and the Board in respect thereof.

63 Revision of existing agreements between the Minister for Posts and Telegraphs and Córas Iompair Éireann (1945) and determination of disputes between the said Minister and the Board.

63.—(1) On and after the establishment date the Minister for Posts and Telegraphs or the Board may apply to the High Court for the revision of any agreement between the said Minister and Córas Iompair Éireann (1945) (as successor to the former Great Southern Railways Company or the former Dublin United Transport Company Limited or otherwise), whether statutory or otherwise, which is in existence immediately before the establishment date.

(2) If there is no such agreement as is mentioned in subsection (1) of this section, the Minister for Posts and Telegraphs or the Board may apply to the High Court to determine any difference or dispute which may exist or arise between the said Minister and the Board as to the remuneration to be paid for services rendered by the Board to the said Minister, but such services shall (notwithstanding any statutory or other provision to the contrary) continue to be rendered by the Board pending the decision of the High Court.

64 Arrangements as respects the Dublin Junction Railways.

64.—(1) As on and from the establishment date—

(a) the Board shall continue to operate the normal system of trains run before the said date for the purposes of, and in connection with, the mails services of the Minister for Posts and Telegraphs, over the Dublin Junction Railways and the Board's railway between Westland Row in the City of Dublin and Dun Laoghaire Mail Pier, until the Board and the Northern Railway Company, with the consent of the said Minister agree otherwise;

(b) if, for convenience of working, the Northern Railway Company send any carriage or rolling stock over the Dublin Junction Railways and the Board's railway between Westland Row aforesaid and Dun Laoghaire Mail Pier, no payment shall be made by the Board to the Northern Railway Company in respect of any such carriage or rolling stock, nor shall any toll for haulage be charged by the Board against the Northern Railway Company in respect of any such carriage or rolling stock.

(2) In this section—

the expression “the Northern Railway Company” means the Great Northern Railway Company (Ireland);

the expression “the Dublin Junction Railways” means the railways constructed under the Dublin, Wicklow and Wexford Railway (City of Dublin Junction Railways) Act, 1884.

65 Cesser of powers of Board of Control of Royal Canal.

65.—The powers and functions of the Board of Control of the Royal Canal shall cease to be exercisable on and after the establishment date.

PART X. Dissolution of Córas Iompair Éireann (1945) and the Grand Canal Company and Supplemental and Transitional Provisions.

66 Dissolution of the dissolved undertakers.

66.—(1) On the establishment date, Córas Iompair Éireann (1945) and the Grand Canal Company respectively shall, subject to the provisions set out in the Seventh Schedule to this Act, be, by virtue of this section, dissolved.

(2) The provisions set out in the Seventh Schedule to this Act shall apply in respect of the dissolved undertakers and the Board.

67 Exemption from stamp duties.

67.—(1) Section 12 of the Finance Act, 1895, shall not operate so as to require the Board to deliver to the Revenue Commissioners a copy of this Act or to pay any stamp duty under that section on any copy of this Act.

(2) Stamp duty shall not be chargeable on any agreement, bond, affidavit, statutory declaration, arbitration award or other instrument made for the purposes of section 38, 39, 40 or 42.

(3) Section 8 of the Finance Act, 1899, shall not operate so as to require the Board to deliver to the Revenue Commissioners any statement or to pay any stamp duty under that section in respect of transport stock.

(4) Stamp duty shall not be chargeable on an arrangement under section 26 or any order under section 27.

(5) The amount of all stamp duties paid by the Board on any instrument which is executed in order to supplement the transfer, effected by this Act, of the property of either dissolved undertaker or on any instrument which is executed in order to supplement any arrangement under section 26 or any order under section 27, shall be refunded to the Board out of moneys provided by the Oireachtas.

68 Pending proceedings and existing contracts.

68.—(1) No proceeding (including an arbitration) or cause of action pending or existing immediately before the establishment date by or against either dissolved undertaker shall abate, be discontinued or be in any way prejudicially affected by reason of anything in this Act, but the proceeding or cause of action may be continued and enforced by or against the Board as it might have been by or against that dissolved undertaker if this Act had not been passed, but not further or otherwise.

(2) Subject to the provisions of this Act, all contracts, deeds, bonds, agreements and other instruments and all working arrangements subsisting immediately before the establishment date and affecting either dissolved undertaker shall be of as full force and effect against or in favour of the Board and may be enforced as fully and effectually as if, instead of that dissolved undertaker, the Board had been a party thereto.

69 Continuance of certain notices.

69.—Every notice served by or on either dissolved undertaker before the establishment date the effect or term of which has not ceased or expired before the establishment date shall, so far as it is not inconsistent with this Act, continue in force and have effect on and after the establishment date as if it were a notice served by or on the Board on the date on which it was actually served and as if the functions or property to which the said notice relates had on the same date already vested in the Board.

70 Provisions as to substituted stock.

70.—(1) Transport stock substituted by virtue of section 25 for any security of either dissolved undertaker shall be held upon and subject to the same trusts, liens, charges, powers and other legal or equitable rights, privileges, and restrictions as affected the security for which, by virtue of section 25, the transport stock is substituted and any reference in any statute, deed, will, codicil, book, document, instrument or writing to any security of that dissolved undertaker shall be deemed, as on and from the establishment date, to be a reference to the transport stock substituted therefor by virtue of section 25.

(2) Any person (being a trustee or executor or acting in any representative or fiduciary capacity) who, immediately before the establishment date, is the holder of any security of either dissolved undertaker for which any transport stock is substituted by virtue of section 25 may hold, dispose of or otherwise deal with the transport stock in all respects as he might have held, disposed of or otherwise dealt with the security for which it is so substituted.

71 Saving for existing rules and regulations.

71.—(1) All rules and regulations made by any former transport company which are in force immediately before the establishment date shall, on and after the establishment date, continue in force until revoked, altered or superseded.

(2) In this section the expression “former transport company” means any company being—

(a) an absorbed company or amalgamated company, within the meaning of the Railways Act, 1924 (No. 29 of 1924), or

(b) a dissolved company, within the meaning of the Act of 1944, or

(c) either dissolved undertaker.

FIRST SCHEDULE. Enactments Repealed.

Session and Chapter or Number and Year	Short title or (if none) title	Extent of Repeal
(1)	(2)	(3)
58 Geo. III, c. 35.	An Act to provide for the maintaining of the Royal Canal from the River Liffey to the River Shannon in Ireland.	Sections 30, 31, 32, 36, 37, 38, 39 and 40.
8 & 9 Vic., c. cxix.	Midland Great Western Railway of Ireland Act, 1845.	Sections 37 and 38.
No. 21 of 1944.	Transport Act, 1944.	Part III; Sections 83 to 86; paragraph 3 of the Seventh Schedule; Eighth Schedule.

SECOND SCHEDULE. Superannuation of Members of the Board.

Superannuation benefits.

(a) the word “member” means a member of the Board;

(b) the yearly salary of a member shall be taken to be his average yearly salary as such member during the period of three years expiring on the date of the cesser of his membership or of his death, as the case may be;

(c) the expiration of the term of office of a member followed by his reappointment (whether actually made before, on, or after such expiration) to membership for a term beginning on the date, or on the day after the date, of such expiration shall not constitute a break in the continuity of his membership of the Board.

(2) Where a member required by the terms of his appointment to devote the whole of his time to his duties as such member ceases, after not less than ten years of continuous whole-time membership or after two or more periods (whether continuous or discontinuous) of whole-time membership which amount in the aggregate to not less than ten years and include at least one term of office of five years as a whole-time member of the Board, to be a member by expiration of his term of office without re-appointment or by resignation during his term of office after he has attained the age of sixty years or on account of ill-health before attaining that age, the Board may grant to such member a pension for life of an amount per annum calculated at the rate of one forty-eighth of the yearly salary of such member for every completed year of whole-time membership of the Board, but subject to a maximum of twenty forty-eighths of such yearly salary.

(3) Where a member dies during his term of office after a period of not less than five years' continuous whole-time membership ending at his death, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to the yearly salary of such member.

(4) Where a person to whom a pension is granted under subparagraph (2) of this paragraph dies at such time after the cesser of his membership that the amount of such pension for the period from the date of such cesser to the date of his death is less than his yearly salary as a member, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to the sum by which the said amount of such pension for the said period falls short of the said yearly salary.

Superannuation benefits applicable to T. C. Courtney, if appointed first chairman of the Board.

(a) the expression “the Superannuation Acts” means the Superannuation Acts, 1834 to 1947;

(b) the word “chairman” means chairman of the Board;

(c) the expression “the designated person” means Thaddeus C. Courtney;

(d) the expression “pensionable service”, in relation to the designated person, means the sum of the following—

(i) any period of service before the 18th day of February, 1949, which is, as respects him, reckonable for the purposes of the Superannuation Acts,

(ii) his service with Córas Iompair Éireann (1945), and

(iii) his service with the Board;

(e) the yearly salary of the designated person shall be taken to be the average yearly salary received by him during the period of three years expiring on the date of his ceasing to be chairman or his death, as the case may be, and, where that period includes a period of service in the Civil Service, account shall be taken, in determining his average yearly salary, of his pensionable salary for the purposes of the Superannuation Acts as on the 17th day of February, 1949.

(2) The subsequent subparagraphs of this paragraph shall apply if, but only if, the designated person becomes the first chairman.

(3) Paragraph 1 of this Schedule shall not apply to the designated person.

(4) If—

(a) the designated person, while chairman, resigns that office on or after attaining the age of sixty five years, or

(b) the designated person, while chairman, resigns on the grounds of ill-health, that office before attaining the age of sixty five years and his resignation is accepted by the Government, or

(c) the designated person—

(i) ceases to be chairman by reason of the expiration of his period of office, and

(ii) is not re-nominated chairman, and

(iii) has at the date of such cesser attained the age of sixty years but not the age of sixty five years, and

(iv) does not return to the Civil Service,

then, the Board may grant to him—

(I) a pension for life of an amount per annum calculated at the rate of one-eightieth of his yearly salary for every completed year of his pensionable service, but subject to a maximum of one half of his said yearly salary,

(II) a gratuity of an amount equal to one-thirtieth of his yearly salary multiplied by a number equal to the number of completed years of his pensionable service, subject to a maximum of one and a half times the amount of his yearly salary,

and, if the Board does so, no superannuation allowance or additional allowance or gratuity shall be payable to him under the Superannuation Acts.

(5) If the designated person dies while chairman, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to his yearly salary and, if the Board does so, no gratuity shall be payable to his legal personal representatives under section 2 of the Superannuation Act, 1909 or under that section as amended by section 2 of the Superannuation Act, 1914.

(6) If the designated person, having been granted a pension under subparagraph (4) of this paragraph, dies at such time after ceasing to be chairman that the amount of such pension for the period from the date of such cesser to the date of his death is less than his yearly salary, the Board may grant and pay to his legal personal representatives a gratuity of an amount equal to the sum by which the said amount of such pension for the said period falls short of his yearly salary.

(7) If the designated person—

(a) ceases to be chairman by reason of the expiration of his period of office, and

(b) is not re-nominated chairman, and

(c) has at the date of such cesser not attained the age of sixty five years, and

(d) returns to the Civil Service,

then, for the purposes of the Superannuation Acts—

(i) his service with Córas Iompair Éireann (1945) and the Board shall be deemed to be established service,

(ii) the salary received in respect of that service shall be deemed to have been paid from moneys voted by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859.

Provisions in relation to pensions under paragraph 1 or 2.

(a) any situation which is remunerated wholly or partly out of moneys (other than a single grant or occasional grants not renewed from year to year) provided by the Oireachtas,

(b) any situation which is a public office within the meaning of the Superannuation Act, 1892, or any enactment amending that Act,

(c) any situation in or under or as a paid member of a board or body established by or under any Saorstát Éireann statute or Act of the Oireachtas which the Minister for Finance declares by order to be a public department for the purposes of this Schedule.

(2) Whenever a person to whom a pension has been granted under paragraph 1 or 2 of this Schedule is employed in any situation in a public department or under a local authority and either of the following provisions is applicable, then, whichever of those provisions is applicable shall apply—

(i) during any period for which the yearly rate of such person's remuneration in the said situation equals or exceeds the salary by reference to which the said pension was computed, the said pension shall not be payable,

(ii) during any period for which the yearly rate of such remuneration is less than the said salary but is greater than the amount by which the said salary exceeds the said pension, so much only of the said pension shall be payable as is equal to the amount by which the yearly rate of such remuneration falls short of the said salary.

THIRD SCHEDULE. Securities of Córas Iompair Éireann (1945) and the Grand Canal Company and transport stock to be substituted therefor.

Ref. No.	Description of securities of Córas Iompair Éireann (1945) or the Grand Canal Company	Description of transport stock to be issued in substitution for securities of Córas Iompair Éireann (1945) or the Grand Canal Company	Amount of transport stock to be issued in substitution for each £100 of securities of Córas Iompair Éireann (1945) or the Grand Canal Company	Provisions in relation to interest and redemption applicable to transport stock mentioned in column (3)
(1)	(2)	(3)	(4)	(5)
1	Córas Iompair Éireann 3 Guaranteed Debenture Stock, 1955/60.	3 Transport Stock, 1955/60.	£100	1. In this column— the expression “the appropriate rate” means:—
2	Córas Iompair Éireann 2 Guaranteed Debenture Stock, 1965/75.	2 Transport Stock, 1965/75.	£100	(a) in relation to transport stock described in column (3) at any reference number (except reference number 2), 3 per cent. per annum; and
3	Córas Iompair Éireann Common Stock.	3 Transport Stock, 1975/85.	£80	(b) in relation to transport stock described in column (3) at reference number 2, 2 per cent. per annum;
4	Grand Canal Company 3 Irredeemable Debenture Stock.	3 Transport Stock, 1975/85.	£100	the expressions “the earliest redemption date” and “the latest redemption date” mean—
5	Grand Canal Company 3 Non-Cumulative Preference Shares.	3 Transport Stock, 1975/85.	£100	(a) in relation to transport stock described in column (3) at reference number 1, the 30th day of June, 1955, and the 30th day of June, 1960, respectively,
6	Grand Canal Company Ordinary Shares.	3 Transport Stock, 1975/85.	£100	(b) in relation to transport stock described in column (3) at reference number 2, the 30th day of June, 1965, and the 30th day of June, 1975, respectively,
				(c) in relation to transport stock described in column (3) at any reference number (except reference numbers 1 and 2), the 30th day of June, 1975, and the 30th day of June, 1985, respectively.
				2. Transport stock described in column (3) at any reference number shall as from the establishment date bear interest at the appropriate rate, and the said interest shall be payable—
				(a) on the 15th day of July, 1950, in respect of the month of June, 1950, and
				(b) on the 15th day of January and 15th day of July in each year after the year 1950 in respect of the half year ending on the immediately preceding 31st day of December and 30th day of June respectively.
				3. The following provisions shall apply in relation to the redemption of transport stock mentioned in column (3) at any reference number—
				(a) it may be redeemed
				at par in cash on the earliest redemption date, or on any 31st day of December or 30th day of June thereafter,
				(b) if it is not redeemed before the latest redemption date, it shall be redeemed at par in cash on the latest redemption date,
				(c) it shall not be redeemed on any 30th day of June (other than the latest redemption date) or 31st day of December except upon six months' notice of intention to redeem.

FOURTH SCHEDULE. Compensation of certain officers and servants of the dissolved undertakers and the Board.

Interpretation.

the expression “former transport company” means any company being—

(a) an absorbed company or amalgamated company within the meaning of the Railways Act, 1924 (No. 29 of 1924), or

(b) a dissolved company within the meaning of the Act of 1944, or

(c) either dissolved undertaker;

the expression “former road transport licensee” means a person who was the holder of a passenger licence, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or of a merchandise (existing carrier's) licence within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), and whose said licence was transferred to a dissolved company within the meaning of the Act of 1944, or to a dissolved undertaker;

the expression “former transport undertaker” means any person being—

(a) a former transport company, or

(b) a former road transport licensee;

the expression “the Defence Forces” means—

(a) the force established under Part I of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), and

(b) the reserve force established under Part III of the said Act;

the expression “the Second World War” means the war which was in existence at the date of the passing of the Act of 1944;

the word “remuneration” shall be construed as including any cost of living or other bonus.

(2) For the purpose of reckoning the pensionable service of a person under this Schedule—

(a) the pensionable service shall include—

(i) service with any former transport company,

(ii) if that person had service with a former transport company, service in the Irish Railway Clearing House,

(iii) service with the Board,

(iv) service (being service which is recognised for the purposes of a superannuation scheme, within the meaning of section 44, or an existing superannuation scheme, within the meaning of section 45) with any former road transport licensee;

(b) if that person was temporarily absent from his employment with a former transport undertaker and during the whole of such absence was engaged in service in any of the military forces serving under the authority of the First Dáil Éireann or the Second Dáil Éireann or the Provisional Government of Ireland or in either of the opposing forces during the civil strife in the years 1922, 1923 or 1924 or was interned or imprisoned in consequence of such service, or was engaged in service, before the 6th day of December, 1922, in the British Army, Navy or Air Force, such temporary absence shall be included in the period of his pensionable service;

(c) if that person was suspended or dismissed from the service of a former transport undertaker on or after the 1st day of April, 1916, and before the 6th day of December, 1921, but was subsequently reinstated, and the Minister certifies that his suspension or dismissal was due to his national sympathies, such period (not exceeding the period between his suspension or dismissal and his reinstatement) as the Minister may direct shall be included in the period of his pensionable service;

(d) if that person was, by reason of disruption of railway services due directly to civil strife in the years 1922, 1923 or 1924, temporarily absent from his employment with a former transport undertaker, such temporary absence shall be included in the period of his pensionable service;

(e) if that person was temporarily absent during the Second World War from his employment with a former transport undertaker and during the whole of such absence was serving in the Defence Forces, such temporary absence shall be included in the period of his pensionable service;

(f) if that person was temporarily absent from his employment with a former transport undertaker or the Board for a period of less than one year on account of—

(i) the temporary closing or reduction of services on a railway line, due to conditions resulting from the Second World War, or

(ii) the cessation or reduction of any other transport services, due to the said conditions, or

(iii) illness or accident, or

(iv) any trade dispute to which he was not a party,

such temporary absence shall be included in the period of his pensionable service;

(g) if that person was taken into the employment of any former transport undertaker as a specially qualified person at an age exceeding that at which transport service usually began, his pensionable service may be increased by the addition of such number of years as may seem just;

(h) if that person served as a trade apprentice with any former transport undertaker or the Board for any period, that period shall not be reckoned as pensionable service.

(3) For the purposes of this Schedule the number of years of pensionable service of a person shall be taken to be the result obtained by dividing the number of days of his pensionable service by the number three hundred and sixty-five, any fraction of a half or over being treated as one and any lesser fraction being disregarded.

(4) For the purposes of this Schedule the annual remuneration and emoluments of a person shall be his annual remuneration and emoluments on the date on which his services are dispensed with.

Compensation to persons with less than five years' pensionable service.

Compensation to persons with not less than five years' pensionable service.

(a) if he has twenty or more years of pensionable service, an addition of ten-sixtieths of his annual remuneration and emoluments;

(b) if he has fifteen or more years of pensionable service and less than twenty such years, an addition of seven-sixtieths of his annual remuneration and emoluments;

(c) if he has ten or more years of pensionable service and less than fifteen such years, an addition of five-sixtieths of his annual remuneration and emoluments;

(d) if he has less than ten years of pensionable service, an addition of three-sixtieths of his annual remuneration and emoluments.

Reduction of annual sums in certain cases.

(a) the amount of the said annual sum shall be reduced by an amount equal to the annual value of such superannuation or benefit, and

(b) the Board shall pay to such officer or servant a lump sum equal to the amount of the contributions paid by such officer or servant into the said Fund.

FIFTH SCHEDULE. Enactments not applying to the Board.

(a) the classification of merchandise for the purposes of the application thereto of rates of charges to be made in respect of the carriage of merchandise,

(b) the maximum or actual charges for the conveyance of merchandise or passengers and their luggage, or for affording any other services or facilities.

SIXTH SCHEDULE. Provisions Relating to the Transport Tribunal.

(2) The members of the Tribunal shall be appointed from time to time by the Government.

(3) The chairman of the Tribunal shall be such one of the members as the Government may, at the time of his appointment or subsequently, nominate as chairman.

(2) A member of the Tribunal whose term of office expires by effluxion of time shall be eligible for re-appointment.

(a) the chairman of the Tribunal shall, if present, be chairman of the sitting,

(b) if and so long as the chairman of the Tribunal is not present or if the office of chairman is vacant, the members who are present shall choose one of their number to be chairman of the sitting.

(2) Every question at a sitting of the Tribunal shall be determined by a majority of the members present and voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(3) The quorum for a sitting of the Tribunal shall be—

(a) in case the Tribunal for the time being consists of three members and no more, two,

(b) in any other case, three.

(4) The proceedings of the Tribunal shall not be invalidated by any vacancy in their number.

(a) summon witnesses to attend before them,

(b) examine on oath (which any member of the Tribunal is hereby authorised to administer) any witness attending before them,

(c) require any such witness to produce any document in his power or control which the Tribunal consider necessary.

(2) A witness before the Tribunal shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(3) If any person—

(a) on being duly summoned as a witness makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the Tribunal to be taken or to produce any document in his power or control legally required by the Tribunal to be produced by him, or to answer any question to which the Tribunal may legally require an answer,

such person shall be guilty of an offence under this paragraph and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(4) Where a witness attends before the Tribunal as a witness in pursuance of a summons under subparagraph (1) of this paragraph, there shall, in respect of his attendance, be paid to him, out of moneys provided by the Oireachtas, expenses in accordance with a scale fixed from time to time by the Minister for Finance.

SEVENTH SCHEDULE. Transitory Provisions in Relation to the Dissolved Undertakers and the Board.

Definition.

the expression “the stated period” means the period of five months ending on the 31st day of May, 1950,

the expression “final ordinary meeting” means, in relation to a dissolved undertaker, the ordinary meeting which that undertaker is required by paragraph 5 of this Schedule to hold.

Continuance or dissolved undertakers for certain purposes.

Transfers of stocks, shares and securities.

Continuance in office of directors, officers and auditors of dissolved undertakers.

Ordinary meeting of dissolved undertakers to be held in July or August, 1950.

Accounts of Córas Iompair Éireann (1945) for the stated period.

(2) The accounts for the stated period shall be signed by the officer of Córas Iompair Éireann (1945) responsible for the accounts or any part thereof and by the chairman of the directors of Córas Iompair Éireann (1945).

(3) Córas Iompair Éireann (1945) shall forward six copies of the accounts for the stated period to the Minister not later than the 30th day of July, 1950.

(4) Córas Iompair Éireann (1945) shall, not later than twenty-one days before the final ordinary meeting, forward to every person, who was the holder of common stock of Córas Iompair Éireann (1945) immediately before the establishment date, a copy of its accounts (prepared in the form directed under section 28 of the Act of 1944, but modified so as to be applicable to the stated period) for the stated period.

(5) If any account prepared and forwarded under this paragraph is false in any particular to the knowledge of any person who signs the account or any part thereof, that person shall be liable on conviction or indictment to imprisonment with or without hard labour for a term not exceeding one year or to a fine not exceeding one hundred pounds, and on summary conviction to a fine not exceeding fifty pounds.

Accounts of Grand Canal Company for the stated period:

Provisions in relation to Income Tax chargeable on dissolved undertakers.

(2) Assessments to income tax for any year of assessment ending on or before the 5th day of April, 1951, may be made on a dissolved undertaker on or after the establishment date, and income tax in respect of any such assessment so made, which shall have become final and conclusive, shall, when it becomes due and payable, be deemed to have become due and payable before the establishment date.

(3) For the purposes of subparagraphs (1) and (2) of this paragraph the secretary of the Board or other officer performing the duties of secretary of the Board shall be deemed to be secretary of a dissolved undertaker or other officer performing the duties of secretary of that dissolved undertaker.

(4) The Board shall be and is hereby empowered to deduct out of the emoluments of any person holding an office or employment of profit under the Board any income tax charged on Córas Iompair Éireann (1945) in respect of any office or employment of profit held by such person under Córas Iompair Éireann (1945).

Payment by the Board of expenses of dissolved undertakers and dividends declared by dissolved undertakers at final meetings.