No. 26/1966:

TRANSPORT ACT, 1966

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Termination of train services on railway lines Company.

3 Abandonment of railway lines of Company.

4 Sale of land under or adjoining abandoned railway lines.

5 Determination of certain disputes, differences and appeals by Circuit Court.

6 Short title.

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT.

[19th July, 1966.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Act of 1950" means the Transport Act, 1950 ;

"the Board" means Córas Iompair Éireann;

"the Company" means the Fishguard and Rosslare Railways and Harbours Company;

"railway line" includes a section of railway line.

2.— Section 19 of the Transport Act, 1958 , which provides for the termination of train services, shall apply and have effect in relation to any service of trains for passengers and merchandise or either of them provided by the Board on a railway line of the Company.

3.—(1) Section 21 of the Act of 1950, which provides for the abandonment of railway lines, shall apply to a railway line of the Company over which all train services have been terminated by the Board.

(2) The said section 21 shall, in its application to a railway line of the Company over which all train services have been terminated by the Board, be construed and have effect as if—

( a ) the following paragraph were substituted for paragraph (a) of subsection (2), that is to say:

"( a ) Where the Board has terminated all train services run over a specified railway line of the Fishguard and Rosslare Railways and Harbours Company, that Company may, subject to this subsection, by order (in this section referred to as an abandonment order) declare its intention of abandoning that railway line" and

( b ) the references in subsections (2) (b) to (d), (3), (4), (5) and (7) to the Board were references to the Company.

(3) Where, by virtue of the said section 21, as amended by this section, or section 7 of the Transport Act, 1955 , a liability of the Company in relation to the maintenance of any works ceases, any corresponding liability of the Board shall also cease.

(4) The Company shall be deemed to be a railway company for the purposes of any enactment relating to railways.

4.—(1) Notwithstanding anything to the contrary in section 21 of the Act of 1950 or in any other enactment, a railway company may sell, by private treaty, any land under or adjoining an abandoned railway line to any tenant of that land or to any tenant of adjoining land under or adjoining such line.

(2) Subsection (1) of this section shall be deemed to have come into operation on the 9th day of July, 1963.

5.—(1) Subject to subsection (2) of this section, a dispute, difference or appeal which may be referred or made to the standing arbitrator appointed for the purposes of the Third Schedule to the Act of 1924, section 43 of the Act of 1944 or section 41 or 42 of the Act of 1950 shall, in lieu of being referred or made to such arbitrator, if a party thereto entitled under those provisions to refer or make it to such arbitrator applies to the Circuit Court by motion on notice served on the other party thereto not less than twenty-one days before the day upon which the application is intended to be made, be heard and decided by that Court and, subject to the provisions of this section, the provisions aforesaid shall, as respects any such application, he construed and have effect accordingly.

(2) Where in respect of a dispute, difference or appeal referred or made to the standing arbitrator aforesaid under any of the provisions aforesaid before the passing of this Act a decision was not given before such passing and is not given during the period of three months immediately after such passing, the dispute difference or appeal shall, in lieu of being decided by the arbitrator, if a party thereto applies after the expiration of such period to the Circuit Court by motion on notice served on the other party thereto and on the said arbitrator not less than twenty-one days before the day upon which the application is intended to be made, be heard and decided by that Court and, subject to the provisions of this section, the provisions aforesaid shall, as respects any such application, be construed and have effect accordingly.

(3) An application to the Circuit Court under this section shall, at the election of the person making the application, be made to a judge of the Dublin Circuit or to the judge of the circuit where such person resides or has his principal place of business.

(4) Notwithstanding anything contained in the said Third Schedule, the said section 43 or the said section 41 or 42, an appeal to the High Court (whose decision shall be final) on a question of law may be brought from a decision of the Circuit Court under this section, but an appeal from such a decision on a question of fact may not be brought.

(5) Section 8 of the Railways (Existing Officers and Servants) Act, 1926 , section 43 (6) to (10) of the Act of 1944 and section 43 of the Act of 1950 shall not apply or have effect in relation to disputes, differences or appeals falling to be heard and decided by the Circuit Court under this section.

(6) In this section—

"the Act of 1924" means the Railways Act, 1924 ;

"the Act of 1944" means the Transport Act, 1944 .

6.—This Act may be cited as the Transport Act, 1966 .