Railways (Ireland) Act, 1896

Advance by Treasury.

52 & 53 Vict. c. 66.

54 & 55 Vict. c. 48.

1.(1) Where it is certified to the Treasury by the Lord Lieutenant that the making of a railway under this Act is necessary for the development of the resources of any district, but that owing to the exceptional circumstances of the district the railway could not be constructed without special assistance from the State, and the Treasury are satisfied that a railway company existing at the time will, if an advance is made by the Treasury under this section, construct, work, and maintain the railway, or work and maintain the railway when constructed, the Treasury may make such agreement with the railway company as is authorised by sub-section one of section four of the Light Railways (Ireland) Act, 1889, and may, subject to the limitation of this Act as to the amount to be expended for the purposes of advances, agree that the railway be aided out of public money by an advance under this section.

Provided that—

(a) the Treasury shall not make any such advance unless they are satisfied that landowners, local authorities, and other persons locally interested have, by the free grant of land or otherwise, given all reasonable assistance and facilities in their power for the construction of the railway; and

(b) save in the case of a railway which will be situated wholly or mainly within a congested districts county, as defined by the Purchase of Land (Ireland) Act, 1891, an advance shall not exceed one half of the total amount required for the construction of the railway.

(2) An advance under this section may be a free grant or a loan, or partly a free grant and partly a loan.

(3) Any loan for an advance under this section shall be made on such conditions and at such rate of interest as the Treasury direct.

(4) The Board of Works may examine any surveys, maps, plans, and estimates for the construction of the railway submitted to them, and if they consider that those submitted cannot be made satisfactory, or if any alterations which they may suggest therein are not accepted, the Board of Works, if authorised by the Treasury, may themselves make or procure the same.

(5) In the case of a railway which will be situated wholly or mainly within such congested districts county as aforesaid, if the railway company do not agree to construct the railway, the Board of Works may, with the sanction of the Treasury, construct or contract for the construction of the railway.

(6) For the purposes of this section the Board of Works shall have all the powers conferred by the Lands Clauses Acts on the promoters of an undertaking.

(7) All costs and expenses necessarily incurred by any Government department or officer under this Act shall be paid out of the money provided by this Act.