Transport Act, 1944

Provisions in relation to maintenance and operation of Victoria Bridge in the City of Dublin.

133.—(1) In this section—

the expression “the bodies concerned” means the Company, the Dublin Corporation and the Grand Canal Company;

the expression “the Bridge” means the Victoria Bridge across the Grand Canal in the County Borough of Dublin;

the expression “the contemplated agreement” means an agreement to be made between the bodies concerned with respect to the maintenance (including reconstruction), and control of the Bridge;

the expression “the appointed period” means the period of one year from the date of the passing of this Act, or such further period as the Minister may allow.

(2) The bodies concerned may, within the appointed period, execute the contemplated agreement, but the contemplated agreement, if so executed, shall not have any force unless confirmed by the Minister, who is hereby authorised, if he thinks fit, to do so.

(3) If the contemplated agreement is executed within the appointed period and confirmed by the Minister, the following provisions shall thereupon have effect—

(a) the said agreement shall have statutory effect;

(b) each of the bodies concerned shall, notwithstanding any limitation on the power of that body to enter into it, be deemed to have power to enter into the said agreement;

(c) it shall be the duty of each of the bodies concerned and each of the said bodies is hereby empowered to carry out the said agreement so far as the provisions thereof are to be carried out by that body.

(4) If the contemplated agreement is not executed within the appointed period or, being so executed, the Minister refuses to confirm it, the following provisions shall have effect—

(a) the Chief Justice, at the request (made after consultation with the Minister for Local Government and Public Health) of the Minister, shall appoint an arbitrator to determine, after hearing the bodies concerned, the terms and conditions which, having regard to the circumstances then existing, should, in his opinion, govern the future maintenance (including reconstruction) and control of the bridge.

(b) the determination of the arbitrator shall have statutory effect and it shall be the duty of each of the bodies concerned, and each of them is hereby empowered, to carry out the terms of the said determination so far as the provisions thereof are to be carried out by that body,

(c) the remuneration of the arbitrator shall be fixed by the Chief Justice and shall be paid in equal proportions by the bodies concerned,

(d) the arbitrator may, as respects the costs and expenses of the bodies concerned in the proceedings before him, make such order as in his discretion he thinks fit.