S.I. No. 97/1988 - Dublin Harbour Works (Pigeon House Road) Order, 1988.

S.I. No. 97 of 1988.

DUBLIN HARBOUR WORKS (PIGEON HOUSE ROAD) ORDER, 1988.

I, BRENDAN DALY, Minister for the Marine, in exercise of powers conferred on me by section 134 of the Harbours Act, 1946 (No. 9 of 1946), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), on the application of the Dublin Port and Docks Board and after due compliance with section 136 of the said Act, hereby order as follows:

1. (1) This Order may be cited as the Dublin Harbour Works (Pigeon House Road) Order, 1988.

(2) This Order shall come into operation on the 6th day of May, 1988.

2. In this Order:

"the Minister" means the Minister for the Marine;

"The Board" means the Dublin Port and Docks Board;

"The drawing" means the Dublin Port and Docks Board Drawing No. 30966 deposited by the Board with the Minister in connection with its application for this Order;

"the works" means the works authorised by this Order;

"Dublin Corporation" means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin.

3. The Board is hereby authorised to carry out and complete, in accordance with the drawing, the following works in the Port of Dublin, namely,

the stopping up of Pigeon House Road between the junctions of that road with South Link Road and White Bank Road as shown and marked in red on the drawing.

4. The works shall be completed within a period of one year from the commencement of this Order.

5. The Board shall take such steps (if any) as may be necessary in the course of the works for the protection of the public.

6. The Board shall not be authorised by virtue of this Order to interfere with any work under the control of any of the following bodies, that is to say, the Electricity Supply Board or Dublin Corporation without having obtained the previous consent in writing of such bodies or of the Minister who, before giving such consent, shall consult with such body and consider any representations which such body shall make to him.

7. Subject as aforesaid in case of any dispute or difference between the Board and any person or body aggrieved by anything done or omitted to be done by the Board in exercise of its powers under this Order every such dispute or difference shall be referred, with full power to award costs, to the final decision of two artibrators, one chosen by each party, and, if the arbitrators disagree, of an umpire chosen by the arbitrators before they sit, or, in the event of disagreement, by the President for the time being of the Institution of Engineers of Ireland, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties; and the provisions of the Arbitration Act, 1954 (No. 26 of 1954), shall apply to an arbitration under this Article.

8. Save as in this Order otherwise expressly provided nothing in this Order contained shall take away, lessen, prejudice, alter or affect any of the duties, rights, privileges, property, power and authority of the Electricity Supply Board or Dublin Corporation.

9. All costs, charges, fees and expenses of or incidental to preparing and obtaining this Order or otherwise incurred in relation thereto shall be paid by the Board out of its funds.

GIVEN under my Official Seal, this 6th day of May, 1988.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

This order authorises Dublin Port and Docks Board to close a section of Pigeon House Road.