GREAT NORTHERN RAILWAY ACT, 1953

FIRST SCHEDULE. Draft Terms of Agreement to be made between the Minister and the Ministry.

Draft Terms of Agreement to be made between the Minister and the Ministry.

Section 3.

1. There shall be paid to the Great Northern Railway Company (Ireland) the sum of four million, five hundred thousand pounds as compensation for the acquisition of its undertaking under the Great Northern Railway Act, 1953, and the Great Northern Railway Act (Northern Ireland) 1953 (hereinafter referred to as the Acts). One-half of this sum shall be paid by or on behalf of each party hereto.

2. (1) The profits and losses of the Board established under the Acts shall, subject to the subsequent provisions of this Agreement, be ascertained and apportioned yearly as follows—

(a) so much of the profits or losses as are attributable to the operation of the undertaking exclusively in the area of one party shall be apportioned to that party;

(b) the profits or losses not so attributable shall be equitably apportioned between the parties.

(2) Each party shall be entitled to the profits and responsible for the losses apportioned to that party.

3. The scheme of apportionment of profits and losses to be submitted to the parties hereto by the Board shall be adopted and accepted by both parties unless, within six months of its submission to them, they agree to the adoption of an alternative scheme.

4. The scheme adopted in pursuance of paragraph 3 shall apply to the undertaking from the date of establishment of the Board. It shall remain in force for the period of three years beginning on that date.

5. The Board shall, in respect of each successive period of three years, be required by each party to submit a scheme of apportionment for such period. The scheme shall be adopted and accepted by both parties unless, within six months of its submission to them, they agree to the adoption of an alternative scheme for such period.

6. (1) Where it is proposed to terminate a common service as defined by the Acts and one of the parties hereto consents, but the other does not consent, to its termination, the dissenting party shall be responsible for any loss sustained by the continuance of the service and the scheme of apportionment adopted for the time being shall be modified accordingly.

(2) The scheme shall also be modified so as to provide for any loss which may be incurred by the Board by the operation of any service other than a common service where responsibility for the loss has been accepted by the party of the area other than that in which the service is operated.

(3) A modification of the scheme under this paragraph shall provide that—

(a) the expenditure incurred by the Board as a result of the continued operation of the service to which the modification relates shall be calculated in such manner as the parties may agree and shall include an amount in respect of the use of any railway lines, lands and premises in connection with the service, and

(b) any profits resulting from the continued operation of the service shall accrue to the party responsible for the loss on the continuance of the service, until that party has received an amount equal to the amount of the payments made to the Board by that party in respect of such loss.

7. (1) Moneys needed by the Board for the acquisition of railway rolling stock or for the purposes of the Dundalk Works vested in the Board or for the acquisition of additional land for the purposes of those Works shall to such extent as the parties may agree be provided by the parties hereto in equal shares. The proceeds of sale of—

(a) any railway rolling stock, or

(b) any part of the said Works (including any such additional land) or any chattels used or acquired in or in connection therewith, or

(c) any of the Board's investments,

shall (save, as respects such rolling stock or chattels, in so far as utilised for replacements) be credited by the Board to the parties in equal shares.

(2) Moneys needed for the acquisition or development of lands or premises for the purposes of the undertaking (other than the Dundalk Works) shall to such extent as the party in whose area the lands or premises are situate may agree be provided by that party.

(3) Moneys needed by the Board for the acquisition of chattels for use in or in connection with its road services shall to such extent as the Minister may agree be provided by the Minister and the proceeds of sale of any chattels so used or acquired shall (save in so far as utilised for replacements) be credited by the Board to the Minister.

(4) Save as provided elsewhere in this Agreement, moneys needed by the Board for the acquisition of chattels for use in or in connection with any land or premises (other than the Dundalk Works) situate in the area of either party or for the purposes of any other capital expenses of the undertaking in either area shall to such extent as the party of that area may agree be provided by that party and the proceeds of sale of any chattels shall (save in so far as utilised for replacements) be credited by the Board to the party in or for whose area they were so used or acquired.

(5) The moneys applied for maintenance and replacement of physical assets vested in or used by the Board shall be provided for in the scheme of apportionment. The foregoing subparagraphs of this paragraph do not apply to such moneys.

8. The Minister agrees that the rights and obligations of the Ministry under this Agreement (other than the obligations of the Ministry to make such payments as are referred to in paragraphs 1 and 6 hereof) may be exercised and performed by the Ulster Transport Authority instead of the Ministry.

9. If, at any time after the expiration of five years from the date hereof, either party desires the revision of this Agreement, the two parties shall re-open negotiations with a view to making such revision as may be agreed upon.

SECOND SCHEDULE. The Great Northern Railway Board.

The Great Northern Railway Board.

Section 6.

1. The Board shall be a body corporate with perpetual succession and a common seal.

2. The Board shall consist of ten members.

3. (1) Five members shall be appointed by the Minister and five by the Minister of Commerce.

(2) Each member, unless appointed to fill a casual vacancy, shall be appointed for a period not exceeding six years.

(3) If a casual vacancy occurs amongst the members, the Minister who appointed the outgoing member shall appoint a person to fill the vacancy for the remainder of the term for which his predecessor was appointed.

(4) An outgoing member may be re-appointed.

Terms and conditions of service.

4. Each member shall hold office on such terms and conditions (including the payment by the Board of remuneration and allowances for expenses) as are determined at the time of his appointment by the Minister and the Minister of Commerce jointly.

5. (1) The Minister and the Minister of Commerce shall each designate one of the members appointed by him to be a senior member.

(2) The first chairman of the Board shall be such senior member as the members may elect. In the event of a tie he shall be chosen by lot.

(3) The first chairman shall hold office for one year.

(4) At the end of that year, the other senior member shall be chairman for a period of one year and thereafter the office shall be held in rotation for one year by the senior members.

(5) The other senior member shall be vice-chairman of the Board.

(6) If a person ceases to be a member during his term of office as chairman or vice-chairman, the member designated as senior member in his place shall hold that office for the remainder of the term.

(7) The chairman and vice-chairman shall receive equal remuneration.

6. A member may resign by notice in writing under his hand given to the Minister by whom he was appointed.

7. (1) A person shall be disqualified for being and shall cease to be a member of the Board if he is entitled to sit in either House of the Oireachtas or of the Parliament of Northern Ireland.

(2) Where a member is absent from meetings of the Board for more than six months consecutively, except for a reason considered to be sufficient by the Minister by whom he was appointed, or becomes disqualified for being a member or becomes bankrupt or makes a composition or arrangement with his creditors, the said Minister shall declare the office vacant and shall notify the fact in such manner as he thinks fit, and thereupon the office shall become vacant.

(3) A member may be removed from office by the Minister by whom he was appointed for misconduct or incapacity or if the said Minister considers his removal necessary in the public interest, and that Minister shall lay before each House of the legislature of which that Minister is a member a statement of the reasons for such removal.

8. (1) It shall be a condition of service of a member that he shall have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member and any person who is, or whom the Minister proposes to appoint to be, a member shall, on request, furnish to the Minister such information as the Minister requires to satisfy himself that this condition is being complied with.

(2) Membership of Córas Iompair Éireann or the Ulster Transport Authority or service with either body shall not be a breach of this condition.

9. A member who has any interest in any company or concern (other than Córas Iompair Éireann or the Ulster Transport Authority) with which the Board proposes to make a contract or any interest in the contract shall disclose to the Board the fact and nature of his interest and shall take no part in any deliberation or decision of the Board relating to the contract; and the disclosure shall be recorded in the minutes of the Board.

10. (1) At a meeting of the Board the chairman shall, if present, be chairman of the meeting.

(2) In the absence of the chairman, or if the office is vacant, the vice-chairman shall be chairman of the meeting.

(3) If both are absent or if both offices are vacant, the members present shall elect one of their number to be chairman of the meeting.

11. (1) The quorum for a meeting of the Board shall be four or such greater number as the Board may from time to time determine.

(2) Save where, in relation to the Dundalk Works vested in the Board or the apportionment of profits and losses of the Board, the Minister and the Minister of Commerce otherwise jointly direct, every question at a meeting shall be decided by the votes of the majority of those present and voting, and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(3) Subject to subparagraph (1), the Board may act notwithstanding vacancies in its membership.

(4) Subject to the provisions of this Schedule, the Board may regulate, by standing orders or otherwise, its procedure and business.

12. The Board shall have a principal office in Dublin and a principal office in Belfast.

13. Approximately half of the meetings of the Board in any year shall be held at each principal office.

14. The Board may sue and be sued in its own name.

15. (1) The common seal of the Board shall, when applied to a document, be attested by the signature of one member appointed by the Minister and one member appointed by the Minister of Commerce, and by the signature of the secretary of the Board or an officer of the Board duly authorised by the Board to act in that behalf.

(2) Judicial notice shall be taken of the common seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the common seal of the Board and to be attested in accordance with this paragraph shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

16. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.

17. The Board may exercise any of its functions through or by any of its officers or servants authorised by the Board in that behalf.

THIRD SCHEDULE. Part I. Dundalk Works.

Part I.

Dundalk Works.

Section 9.

All those parcels of land parts of the land of the Company described and delineated by being coloured red on the plan which, sealed with the seal of the Minister on the 19th day of March, 1953, has, together with the text of this Act, been enrolled for record in the office of the Registrar of the Supreme Court, which said parcels are situate in the Townlands of Townparks, Mounthamilton, Demesne and Marsh's Lower, Parish of Dundalk, Barony of Upper Dundalk and County of Louth.

Part II.

Part of railway line of Dundalk, Newry and Greenore Railway Company vested in Minister.

All that strip of land, forming part of the railway and land of the Dundalk, Newry and Greenore Railway Company, linking the railway and land of the Great Northern Railway Company (Ireland) at Barrack Street, Dundalk, with the railway and land of the Dundalk Harbour Commissioners at George's Quay, Dundalk, and more particularly described and delineated by being coloured red on the plan which, sealed with the seal of the Minister on the 19th day of March, 1953, has together with the text of this Act, been enrolled for record in the office of the Registrar of the Supreme Court, which said strip of land is situate in the Townland of Townparks, Parish of Dundalk, Barony of Upper Dundalk and County of Louth.

FOURTH SCHEDULE. Common Service Railway Lines.

Common Service Railway Lines.

Section 22.

Dublin—Belfast.

Cavan—Portadown.

Dundalk—Clones—Enniskillen—Londonderry.

Bundoran Junction—Bundoran.

FIFTH SCHEDULE. Enactments not Applying to the Board.

Enactments not Applying to the Board.

Section 45.

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 and 35 Vic., c. 78).

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

4. Sections 31, 32, 33 and 34 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. Section 84 of the Railways Act, 1921 (11 & 12 Geo. V., c. 55).

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. Sections 110 and 129 of the Transport Act, 1944 (No. 21 of 1944).

11. 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.

SIXTH SCHEDULE. Apportionment of Compensation amongst Stockholders.

Apportionment of Compensation amongst Stockholders.

Section 46.

Description of Stock of the Great Northern Railway Company (Ireland).

Description of Stock of the Great Northern Railway Company (Ireland).

Amount of compensation to be paid in exchange for each £100 of Stock.

Amount of compensation to be paid in exchange for each £100 of Stock.

4 Debenture Stock

4 Debenture Stock

£89

£89

4 Consolidated Guaranteed Stock

4 Consolidated Guaranteed Stock

£66

£66

4 Consolidated Preference Stock

4 Consolidated Preference Stock

£35

£35

Ordinary Stock

Ordinary Stock

£28

£28