S.I. No. 181/1940 - Cork Gas Order, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 181.

CORK GAS ORDER, 1940.

CORK GAS CONSUMERS COMPANY—STATUTORY POWERS.

(SPECIAL ORDER).

DATED 13th DAY OF JULY 1940, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE UNDER SECTION 10 OF THE GAS REGULATION ACT, 1920, ON THE APPLICATION OF THE CORK GAS CONSUMERS COMPANY.

I, SEÁN MacENTEE, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 10 of the Gas Regulation Act, 1920, and of every and any other power me in this behalf enabling, hereby order as follows, that is to say :—

1 Short title, commencement and collective citation.

1.—(1) This Order May be cited as the Cork Gas Order, 1940, and shall come into operation on the 13th day of July, 1940.

(2) The Cork Gas Act, 1868, The Cork Gas (Charges) Order, 1922 (Statutory Rules and Orders, No. 1 of 1922), and this Order, may be cited together as the Cork Gas Act and Orders, 1868 to 1940.

2 Application of Acts.

2.—(1) The following enactments, so far as the same are applicable for the purposes of this Order, and are not inconsistent with the provisions of the Gas Regulation Act, 1920, or of any Act or Order referred to in the preceding Article, except where expressly varied by this Order are hereby incorporated with this Order, namely :—

The Companies Clauses Consolidation Act, 1845, Parts I, II and III of the Companies Clauses Act, 1863, as amended by subsequent Acts.

The Lands Clauses Acts, except so much thereof as relates to the purchase and taking of lands otherwise than by agreement, and to the entry upon lands by the promoters of the undertaking.

The Gasworks Clauses Act, 1847.

The Gasworks Clauses Act, 1871.

For the purposes of such incorporation the term " special Act," in the said Acts respectively shall be construed to mean this Order and the term " the Undertakers " shall mean the Company.

(2) In the application to the Company of the Gasworks Clauses Act, 1847, as incorporated with the Act of 1868, and this Order—

Section 13 shall be read as if the words "or any premises" were inserted after the words "private building", and as if the words "Provided that every such contract entered into by the Undertakers shall be alike in terms and amount under like circumstances to all consumers" were added at the end of that section.

(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3 Interpretation.

3. In this Order—

The several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith, or by the Gas and Water Works Facilities Act, 1870, or by the Gas Regulation Act, 1920, have the same respective meanings, unless there be something in the subject or context repugnant to such construction.

"The Act of 1868" means the Cork Gas Act, 1868.

"The Company" means the Cork Gas Consumers Company.

"The Undertaking" means the undertaking authorised by the Act of 1868 and this Order, and shall include the gasworks and works connected therewith by the Act of 1868 authorised to be maintained and constructed.

"The Minister" means the Minister for Industry and Commerce.

"The Directors" means the Directors of the Company.

"The Local Authority" includes a county council, council of a county borough, urban district council, and the Commissioners of a town and any public body which is established by or in pursuance of any statute to perform any of the functions of any of the above-named bodies.

4 Directors.

4. Notwithstanding anything in the Companies Clauses Consolidation Act, 1845, or in any other Act or Order applicable to the Company, no person shall be disqualified from being a Director of the Company by reason of his holding any office or place of trust or profit under the Company, or by reason of his being interested in any contract with the Company, nor shall any Director be required to cease from voting or acting as a Director by reason of his accepting any such office or place of trust or profit or becoming interested in any such contract ;

Provided that :—

(1) in the case of his being or becoming interested in any contract with the Company, whether such interest shall arise before or after his appointment as a Director, the nature of his interest in the contract shall be disclosed by him at the meeting of the Directors at which thecontract is determined on; if his interest then exists, or in any other case at the first meeting of the Directors after the acquisition of his interest or after his appointment, and also in the next annual report of the Company, and

(2) No Director shall as a Director vote in respect of any such contract, and if he does so vote his vote shall not be counted, but this prohibition shall not apply to any contract by or on behalf of the Company to give to the Directors or any of them any security by way of indemnity.

5 Power to lay pipes in private streets.

5.—(1) The Company may on the application of the owner or occupier of any premises within the limits of supply abutting on any street laid out, but not dedicated to public use, supply those premises with gas, and for that purpose the Gasworks Clauses Act, 1847, shall apply as if Section 7 of that Act were excepted from incorporation with the existing Acts and this Order.

(2) The powers conferred on the Company by this Article shall not be exercised by them over or in relation to any street or road for the time being vested in or under the control of any Minister of State, except with the licence in writing of that Minister of State and subject to such conditions as that Minister of State may generally or in any particular instance prescribe.

6 Maintenance of Gas Works, etc.

6. Subject to the provisions of this Order, the Company may upon the lands described in the First Schedule to the Act of 1868 and upon the lands described in the Schedule to this Order while they are possessed of the same, maintain, erect, alter, improve and renew gasworks with all necessary machinery and apparatus and do all such acts as may be proper for making and storing gas and for supplying gas within the limits of supply and may also upon the said lands work up and convert the residual products arising directly or indirectly from the manufacture of gas by them and for this purpose the Company may purchase from any source and use such materials as are required to work up and convert any such residual products.

7 Power to purchase lands by Agreement.

7. The Company may, for the purposes of the undertaking, purchase, take and hold (by agreement but not otherwise), in addition to the lands described in the First Schedule to the Act of 1868 and in the Schedule to this Order, any lands and hereditaments not exceeding in the whole twenty-one acres which the Company may require for the purposes of the undertaking, but the Company shall not create or permit a nuisance on any such lands and no lands shall be used by the Company for the purpose of manufacturing gas or residual products, except the lands described in the said Schedules.

8 Power to deal with lands acquired for the purposes of the undertaking.

8.—(1) The Company may retain and hold and use for such time as they may think fit or may sell, lease, exchange or otherwise dispose of in such manner and for such consideration and on such terms and conditions as they may think fit any lands or any interest therein acquired by them for the purposes of the undertaking.

(2) Notwithstanding anything contained in the Gas Works Clauses Act, 1871, the provisions of sections 128 to 132 of the Land Clauses Consolidation Act, 1845, shall not apply to any lands sold or disposed of by the Company under this Article.

9 Dwellinghouses for the Company's employees, Offices, showrooms, etc.

9.—(1) The Company may purchase or take on lease in addition to any lands for the time being held by the Company for the purposes of the undertaking, houses, cottages or other buildings for persons employed by them in connection with the undertaking and offices, showrooms and other buildings for the purposes of the undertaking and may erect, fit up, maintain and let any such buildings upon any lands for the time being held by the Company for the purposes of the undertaking.

(2) The Company may in connection with and for the purposes of the undertaking fit up showrooms and offices and exhibit specimen installations and give demonstrations of the uses to which gas can be put and may appoint and pay persons for the purpose and may by public advertisement or otherwise make known any matters connected with or affecting the sale of gas.

10 Company in certain cases to supply Gas on request.

10. Section 54 of the Act of 1868 shall henceforth have effect only as provided by this Article and subject to the provisions contained in this Article.

(1) The section shall be read and have effect as though the words " part of a house " were not included therein.

(2) The Company shall not be obliged to give from any main a supply of gas for any purpose other than lighting or domestic use in any case where the capacity of such main is at the date of the request for such supply insufficient for such purpose or if and so long as any such supply would in the opinion of the Company interfere with the sufficiency of the gas required to be supplied by that main for lighting or domestic purposes.

(3) If a person requiring a supply of gas from the Company has previously quitted premises at which gas was supplied to him by the Company without paying to them all gas charges and meter rent due by him to the Company in connection with such supply they may refuse to furnish him a supply of gas until he pays the same.

(4) In any case in which in consequence of any default on the part of the occupier of any premises the Company have cut off the supply of gas to such premises, and the occupier so in default shall desire to resume such supply, he shall pay to the Company the expenses of reconnecting such supply, and the Company shall not be under any obligation to supply gas to such occupier until he shall have made good the default and paid such expenses.

11 Gas Consumers to give notice to Company before removing

11. At least three days' previous notice shall be given to the Company by every gas consumer, either personally at the office of the Company or in writing, before he shall quit any premises supplied with gas by meter by the Company, and in default of such notice the consumer so quitting shall be liable to pay to the Company the money accruing due in respect of such supply up to the next usual period for ascertaining the register of the meter on such premises, or the date from which any subsequent occupier of such premises shall require the Company to supply gas to such premises, whichever shall first occur. Notice of the effect of this enactment shall be endorsed upon every demand note for gas charges payable to the Company.

12 Notice to discontinue supply of gas.

12. A notice to the Company from a consumer for the discontinuance of a supply of gas shall not be of any effect unless it be in writing signed by or on behalf of the consumer and be left at or sent by post to the office of the Company, or be given by the consumer personally at the office of the Company.

13 Provision for Valve where high pressure air is used.

13.—(1) Every consumer of gas supplied by the Company who uses Air Blast equipment or air at high pressure or any gas not supplied by the Company for or in connection with the consumption of such gas shall provide and fix a Back Pressure non-return valve on both air and gas lines supplying such air blast equipment and shall in addition if required by the Company provide and fix an anti-suction Valve on the Gas-line where the Company considers it necessary and shall at all times at his own expense keep in proper order and repair any such valves or other appliance as aforesaid which shall have been provided and fixed whether upon such requirement or otherwise.

(2) If any consumer shall fail to comply with any requirements of the Company or obligation under this Article the Company may cease to supply gas to him and shall not be under any obligation to resume such supply until the default shall have been remedied to their satisfaction.

(3) It shall not be lawful for any consumer at any time after the date of this Order to commence to use high-pressure air or any Air Blast Equipment unless and until he shall have given to the Company not less than fourteen days' previous notice in writing of his intention to do so.

(4) The Company shall give notice of the effect of the foregoing provisions of this Article on the demand notes for gas charges.

14 Period of error in defective meters.

14. In the event of any meter used by a consumer of gas being tested in manner provided by the Sale of Gas Act, 1859, or any other enactment relating thereto, and being proved to register erroneously within the meaning of the said Act, such erroneous registration shall be deemed to have first arisen during the then last preceding quarter of the year, unless it be proved to have first arisen during the then current quarter. The amount of the allowance to be made to or of the surcharge to be made upon the consumer by the Company shall be paid by or to the Company to or by the consumer, as the case may be, and shall be recoverable in the like manner as gas charges are recoverable by the Company.

15 Company may contract for supply and purchase in bulk.

15. The Company may contract with any local authority, company, or persons for the supply by the Company to them or for the supply to the Company by them of gas in bulk upon such terms and conditions as may be agreed upon, but nothing in this Article shall authorise the Company to lay any mains or interfere with any street beyond the limits of supply.

16 Power to take licences for use of patents.

16. The Company may, subject to the provisions of this Order, but only for the purposes of the undertaking, and not so as to acquire any exclusive right therein, contract for, take and use any licence or authority granting any right or privilege of working, using or vending any invention subject to letters patent in relation to the manufacture, supply or distribution of gas, or the conversion, manufacture or utilisation of residual products obtainable in or arising from such manufacture, or from the materials used therein.

17 Repeal.

17.—(1) The following sections shall be repealed without prejudice to anything already done thereunder, that is to say :—

1. The Act of 1868, section 35 (remuneration of Director), section 43 (power to purchase lands by agreement), section 52 (supply of public lamps).

(2) The following section shall be amended to the extent hereinafter specified :—

The Act of 1868, section 34 (number of Directors), shall be read and have effect as though the word " four " were substituted for the word " five ".

18 Cost of Order.

18. All costs, charges and expenses of and incidental to the applying for, preparing and obtaining this Order, and otherwise in relation thereto, shall be paid by the Company, and shall be charged by the Company as part of their expenses on revenue account.

SCHEDULE.

Property and Lands now belonging to the Company bounded on the North partly by premises and land at the back of Marina Terrace in the occupation of T. Lane, partly by the gable ends of dwelling houses of Electric Terrace and Rosefield Terrace ; on the South partly by Old Blackrock Road, partly by private road to the Company's property and to dwelling houses and grounds of Elm View, Knockrea and Parknasilla, partly by the dwelling house and grounds of Elm View occupied by Mr. R. H. Parker, partly by dwelling house and grounds of Knockrea occupied by Mr. E. Cantillon ; on the East partly by the private road aforesaid to the Company's property, Elm View, Knockrea and Parknasilla, partly by the grounds of Elm View, partly by sixteen dwelling houses and grounds with frontage on Victoria Road beginning with Parkhurst occupied by Mr. J. Burke at the North end and ending with Osborne occupied by J. Collins on the South end, partly by Rosefield Terrace and Kinstown Avenue ; on the West partly by the Gas Works, partly by the premises aforesaid in the occupation of T. Lane, partly by junction of roadways of Marina Terrace, Electric Terrace and Eastville. Property and lands bounded on the North partly by ground attached to dwelling house and garden of No. 7 Rockboro' Road and partly by the Gas Works ; on the South by Old Blackrock Road ; on the East by the Gas Works ; on the West by dwelling houses and grounds of Nos. 8, 9, 10, 11 and 12 Rockboro' Road.

Given under my Official Seal this 13th day of July, 1940.

SEÁN MacENTEE,

Minister for Industry and Commerce.