Legislator Case Law & Legislation
1950_act_12 IE

TRANSPORT ACT, 1950

7 Articles / Provisions · Ireland
Open official source Machine-readable Markdown (.md)

Table of Provisions (7)

Statutory Text (7 Articles)

ISB Act 1950-05-17

FIRST SCHEDULE. Enactments Repealed.

Enactments Repealed.

Section 3.

Session and Chapter or Number and Year

Session and Chapter or Number and Year

Short title or (if none) title

Short title or (if none) title

Extent of Repeal

Extent of Repeal

(1)

(1)

(2)

(2)

(3)

(3)

58 Geo. III, c. 35.

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.

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.

Sections 30, 31, 32, 36, 37, 38, 39 and 40.

8 & 9 Vic., c. cxix.

8 & 9 Vic., c. cxix.

Midland Great Western Railway of Ireland Act, 1845.

Midland Great Western Railway of Ireland Act, 1845.

Sections 37 and 38.

Sections 37 and 38.

No. 21 of 1944.

No. 21 of 1944.

Transport Act, 1944.

Transport Act, 1944.

Part III; Sections 83 to 86; paragraph 3 of the Seventh Schedule; Eighth Schedule.

Part III; Sections 83 to 86;

paragraph 3 of the Seventh Schedule;

Eighth Schedule.

ISB Act 1950-05-17

SECOND SCHEDULE. Superannuation of Members of the Board.

Superannuation of Members of the Board.

Section 7 (3).

Superannuation benefits.

1. (1) For the purposes of this paragraph—

(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.

2. (1) For the purposes of this paragraph—

(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.

3. (1) In this paragraph, the expression “situation in a public department” includes—

(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.

ISB Act 1950-05-17

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

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

Sections 24, 25 and 29.

Ref. No.

Ref. No.

Description of securities of Córas Iompair Éireann (1945) or the Grand Canal Company

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

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

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)

Provisions in relation to interest and redemption applicable to transport stock mentioned in column (3)

(1)

(1)

(2)

(2)

(3)

(3)

(4)

(4)

(5)

(5)

1

1

Córas Iompair Éireann 3 Guaranteed Debenture Stock, 1955/60.

Córas Iompair Éireann 3 Guaranteed Debenture Stock, 1955/60.

3 Transport Stock, 1955/60.

3 Transport Stock, 1955/60.

£100

£100

1. In this column— the expression “the appropriate rate” means:—

1. In this column— the expression “the appropriate rate” means:—

2

2

Córas Iompair Éireann 2 Guaranteed Debenture Stock, 1965/75.

Córas Iompair Éireann 2 Guaranteed Debenture Stock, 1965/75.

2 Transport Stock, 1965/75.

2 Transport Stock, 1965/75.

£100

£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

(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

3

Córas Iompair Éireann Common Stock.

Córas Iompair Éireann Common Stock.

3 Transport Stock, 1975/85.

3 Transport Stock, 1975/85.

£80

£80

(b) in relation to transport stock described in column (3) at reference number 2, 2 per cent. per annum;

(b) in relation to transport stock described in column (3) at reference number 2, 2 per cent. per annum;

4

4

Grand Canal Company 3 Irredeemable Debenture Stock.

Grand Canal Company 3 Irredeemable Debenture Stock.

3 Transport Stock, 1975/85.

3 Transport Stock, 1975/85.

£100

£100

the expressions “the earliest redemption date” and “the latest redemption date” mean—

the expressions “the earliest redemption date” and “the latest redemption date” mean—

5

5

Grand Canal Company 3 Non-Cumulative Preference Shares.

Grand Canal Company 3 Non-Cumulative Preference Shares.

3 Transport Stock, 1975/85.

3 Transport Stock, 1975/85.

£100

£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,

(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

6

Grand Canal Company Ordinary Shares.

Grand Canal Company Ordinary Shares.

3 Transport Stock, 1975/85.

3 Transport Stock, 1975/85.

£100

£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,

(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.

(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—

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

(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.

(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—

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

(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,

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,

(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.

(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.

ISB Act 1950-05-17

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

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

Sections 38, 39, 40 and 41.

Interpretation.

1. (1) In this Schedule—

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.

2. The compensation payable to a person who, on the date on which his services are dispensed with, had less than five years' pensionable service shall be a gratuity calculated on the basis of one-sixth of his annual remuneration and emoluments for every year of his pensionable service.

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

3. Subject to the provisions of paragraph 4 of this Schedule, the compensation payable to a person who, on the date on which his services are dispensed with, had not less than five years' pensionable service shall be an annual sum to be paid to him during his life not exceeding in any case two-thirds of his annual remuneration and emoluments and, subject to that limitation, to be calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every year of his pensionable service, with an addition thereto based on the number of years of his pensionable service and calculated according to the following scale—

(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.

4. If any officer or servant who is entitled to an annual sum under paragraph 3 of this Schedule is also entitled to superannuation or benefit out of any Fund to which a dissolved undertaker contributed, then—

(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.

ISB Act 1950-05-17

FIFTH SCHEDULE. Enactments not applying to the Board.

Enactments not applying to the Board.

Section 52.

1. Sections 6 to 13 and sections 34 and 38 of the Regulation of Railways Act, 1868 (31 & 32 Vic., c. 119).

2. Sections 9 and 10 of the Regulation of Railways Act, 1871 (34 & 35 Vic., c. 78).

3. Sections 14 and 15 of the Regulation of Railways Act, 1873 (36 & 37 Vic., c. 48).

4. Sections 31, 32, 33, 34 and 39 of the Railway and Canal Traffic Act, 1888 (51 & 52 Vic., c. 25).

5. Sections 1, 3 and 4 of the Railway and Canal Traffic Act 1894 (57 & 58 Vic., c. 54).

6. The Railway Companies (Accounts and Returns) Act, 1911 (1 & 2 Geo. V., c. 34).

7. Sections 59 and 60 of the Railways Act, 1924 (No. 29 of 1924).

8. Section 23 of the Road Transport Act, 1932 (No. 2 of 1932), and any regulations made under section 4 of that Act for the purposes of section 23 thereof.

9. Section 9 of the Railways Act, 1933 (No. 9 of 1933).

10. Section 120 of the Road Traffic Act, 1933 (No. 11 of 1933).

11. Part IV, and sections 110 and 129 of the Transport Act, 1944 (No. 21 of 1944).

12. Any enactment relating to—

(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.

ISB Act 1950-05-17

SIXTH SCHEDULE. Provisions Relating to the Transport Tribunal.

Provisions Relating to the Transport Tribunal.

Section 54.

1. In this Schedule the expression “the Tribunal” means the Transport Tribunal.

2. (1) The Tribunal shall consist of such number of members (not being less than three nor more than five members) as the Government may from time to time determine.

(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.

3. (1) Every person appointed a member of the Tribunal shall, unless he sooner dies, is removed from office, resigns or becomes disqualified, hold office for such period (not exceeding five years) as shall be fixed by the Government when appointing him.

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

4. Every member of the Tribunal shall hold office upon such terms and conditions (including the payment out of moneys provided by the Oireachtas of remuneration and allowances for expenses) as shall be fixed by the Government at the time of his appointment.

5. Subsections (4), (5), (6) (except paragraph (c)) and (7) of section 7 of this Act shall apply to members of the Tribunal as those subsections apply to a member of the Board.

6. (1) At a sitting of the Tribunal—

(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.

7. (1) The Tribunal may for the purpose of the exercise of their functions do all or any of the following things:—

(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.

8. Subject to this Schedule, the Tribunal shall by rules or otherwise regulate their procedure.

9. The decision of the Tribunal on any matter before them shall be final.

ISB Act 1950-05-17

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

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

Section 66.

Definition.

1. In this Schedule—

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.

2. For the purposes of this Schedule but not further or otherwise each dissolved undertaker shall be deemed to continue in existence on and after the establishment date.

Transfers of stocks, shares and securities.

3. A dissolved undertaker shall, at the request of the Board, execute all such instruments and do all such acts as may be necessary to enable the Board to have transferred into its name any stocks, shares or securities held by that dissolved undertaker immediately before the establishment date, and for this purpose the persons who are immediately before the establishment date the directors of that dissolved undertaker shall be deemed to continue in office.

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

4. The persons who are the directors, officers and auditors of any dissolved undertaker immediately before the establishment date shall be deemed to continue in office for the purpose of the preparation and auditing of accounts and balance sheets of that undertaker for the stated period, the production thereof to the proprietors of that undertaker, the declaration of dividends for the stated period and the summoning, holding and conduct of the final ordinary meeting of that undertaker.

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

5. An ordinary meeting of each dissolved undertaker shall be held in the month of July or the month of August, 1950, for the purpose of receiving the statements of accounts of that undertaker for the stated period and the declaration of dividends, and the persons who are immediately before the establishment date the proprietors of that dissolved undertaker shall be deemed to be the proprietors of that undertaker for purposes aforesaid and for the purposes of summoning, holding and conducting that ordinary meeting.

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

6. (1) Córas Iompair Éireann (1945) shall prepare accounts (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, and submit the accounts to their auditors accordingly.

(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

7. The Grand Canal Company shall cause accounts to be made up for the stated period, as if the stated period were a year.

Provisions in relation to Income Tax chargeable on dissolved undertakers.

8. (1) A dissolved undertaker shall, on and after the establishment date, continue to be liable under the Income Tax Acts to prepare and deliver any statement, return or particulars required for the purposes of those Acts for any year of assessment ending on or before the 5th day of April, 1951.

(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.

9. Any expenses incurred by a dissolved undertaker under this Schedule and any dividend declared by any dissolved undertaker shall be paid by the Board.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →