S.I. No. 83/1926 - The Shannon Electricity (Assessment of Compensation) Rules, 1926.


STATUTORY RULES AND ORDERS. 1926. No. 83.

THE SHANNON ELECTRICITY (ASSESSMENT OF COMPENSATION) RULES, 1926.

SHANNON ELECTRICITY.

Assessment of Compensation.

The Shannon Electricity (Assessment of Compensation) Rules, 1926, dated 21st October, 1926, made by the Reference Committee under the Shannon Electricity Act, 1925 , and the Acquisition of Land (Assessment of Compensation) Act, 1919.

In pursuance of the Shannon Electricity Act, 1925 , and the Acquisition of Land (Assessment of Compensation) Act, 1919, the Reference Committee constituted under the Shannon Electricity Act, 1925 , hereby make the following Rules :—

1 Short Title

1. These Rules may be cited as the Shannon Electricity (Assessment of Compensation) Rules, 1926.

2 Interpretation

2.—(1) In these Rules unless the context otherwise requires :

The expression " the Act " means the Shannon Electricity Act, 1925 :

The expression " the Minister " means the Minister for Industry and Commerce :

The expression " question " means any question of disputed compensation, or any question of the apportionment of a rent, which in default of agreement is to be referred to and determined by arbitration in manner provided by the Act.

(2) The Interpretation Act, 1923 , applies for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of the Oireachtas.

3 Application for appointment of Arbitrator

3.—(1) Where any question has arisen either the Minister or the Claimant may at any time after a claim for compensation has been made, pursuant to sub-section (4) of section 5 of the act, send to the Reference Committee an application for the appointment of an Arbitrator.

(2) The Minister or the Claimant, as the case may be, shall immediately after sending the application to the Reference Committee, send notice of the fact to the Claimant or to the Minister, as the case may be, together with a copy of the application.

(3) An application for the appointment of an Arbitrator shall be in the form set out in the Schedule to these Rules, or in a form to the like effect.

4 Appointment of Arbitrator

4. The Reference Committee, on receiving a valid application for the appointment of an Arbitrator, shall, as soon as may be, appoint an Arbitrator to deal with the case, and shall forthwith inform the Minister and the Claimant of the name and address of the Arbitrator.

5 Consideration of questions by Arbitrator

5.—(1) The Arbitrator shall, as soon as may be, proceed with the determination of the question in dispute, and shall arrange with the Minister and the Claimant the time and place of the hearing.

(2) The Reference Committee shall send to the Arbitrator a copy of the application for the appointment of an Arbitrator, and the Minister and the Claimant shall furnish to the Arbitrator at his request, any document or other evidence which it is in his power respectively to furnish, and which the Arbitrator may require for the purpose of considering and determining the case.

(3) Subject to the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, and of these Rules, the proceedings before an Arbitrator shall be such as the Arbitrator, subject to any special directions of the Reference Committee, may, in his discretion, think fit.

6 Power to select another Arbitrator

6. The Reference Committee may, in the case of the death or the incapacity of the Arbitrator originally appointed, or if it be shown to the Committee that it is expedient so to do, in any other case, at any time before the Arbitrator has made his award, revoke the reference of the question to the Arbitrator, and, subject to the sanction of the Minister for Finance, appoint another Arbitrator for the purpose of determining the question.

7 Consolidation of claims relating to several interests in the same land

7.—(1) Where claims for compensation have been made, pursuant to sub-section (4) of section 5 of the act, the Minister may, subject as hereinafter provided, after the Arbitrator has been appointed, apply to the Arbitrator for an order that all the claims shall be heard together.

(2) Notice of intention to apply for such an order as aforesaid shall be sent to each claimant and to the Arbitrator.

(3) If any claimant objects to have his claim heard together with the other claims, he shall within seven days after the receipt of the notice aforesaid, send notice of his objection to the Minister and to the Arbitrator.

(4) On the application for such an order as aforesaid, the Arbitrator shall make such order as he thinks proper, having regard to all the circumstances of the case, and if he thinks fit, may make an order for consolidation of some of the claims only, and such order may in any case be made subject to such special directions as to costs, witnesses, mode of procedure and otherwise as the Arbitrator thinks proper.

8 Provision as to payment of fees

8.—(1) The fees prescribed, pursuant to sub-section (6) of Section 3 of the Acquisition of Land (Assessment of Compensation) Act, 1919, in respect of an application under these Rules, and in respect of the hearing before the Arbitrator, shall be collected by means of adhesive stamps affixed to or stamps impressed on the application and the award of the Arbitrator respectively.

(2) Any application under these Rules which is not properly stamped in accordance with the foregoing provision, shall be treated as invalid, and the award of the Arbitrator shall not be published, unless and until it has been properly stamped in accordance with the said provision.

9 Provision as to sending notice

9. Any notice or other document required or authorised to be sent to any person for the purpose of these Rules shall be deemed to be duly sent by post, addressed to that person at his ordinary address, and the address of the Reference Committee shall for this purpose be :—The Secretary, Reference Committee, Courts of Justice, Dublin Castle.

10 Informalities not necessarily to invalidate proceedings

10. Save as herein otherwise expressly provided, any failure on the part of the Minister or any person to comply with the provisions of these Rules shall not render the proceedings or anything done in pursuance thereof, invalid, unless the Arbitrator so directs.

Schedule.

Form of Application for Appointment of Arbitrator.

THE SHANNON ELECTRICITY ACT, 1925 .

THE ACQUISITION OF LAND (ASSESSMENT OF COMPENSATION) ACT, 1919.

To the Reference Committee.

I, being the claimant (or I being the acquiring authority) specified in the annexed particulars, hereby apply for the appointment of an Arbitrator pursuant to the above Acts, to hear and determine the question of which particulars are annexed.

* Signed..........................................

* If the application is signed by an agent, add " by his (or their) agent "......................................................

Particulars.

Name and address of acquiring authority :

The Minister for Industry and Commerce,

Upper Merrion Street,

Dublin.

Name and address of acquiring authority's solicitor or agent :

.........................................................

................................................

.....................................

Name and address of claimant :

...........................................................

................................................

.......................................

Name and address of claimant's solicitor or agent :

.........................................................

................................................

.......................................

Description of land to be acquired :

.........................................................

Situation of land to be acquired :

County....................................

Townland.................................

Nature of question (whether as to amount of compensation or apportionment of rent) :

.........................................................

Interest in respect of which compensation is claimed :

.........................................................

We, the Reference Committee under the Shannon Electricity Act, 1925 , have made the above Rules in pursuance of the powers conferred on us by the said Act and the Acquisition of Land (Assessment of Compensation) Act, 1919.

AODH UA CINNEIDIGH, C.J.,

TIMOTHY SULLIVAN,

President of the High Court.

D. R. O'BRIEN,

Chairman, Surveyors' Institution Branch).

21st October, 1926.