Railways Act, 1924

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Agreements.

61.—(1) From and after the passing of this Act it shall not be lawful for any amalgamating or absorbed company or the amalgamated company to vary or rescind any agreement or arrangement (not being an agreement or arrangement confirmed by or scheduled to a statutory enactment) with any railway company or other transport undertaking for the allocation or routing of traffic, or the pooling of receipts, or for differential rates on traffic passing by sea to or from Saorstát Eireann, or to enter into agreements for any of those purposes, except so far as authorised or required by an order made with due regard to the provisions of this Act by the railway tribunal.

(2) No such order as aforesaid shall be made by the railway tribunal save on the application—

(a) of any party to such agreement or arrangement; or

(b) of the amalgamated company; or

(c) of a representative body of traders; or

(d) of a body of persons representative of trade or a locality; or

(e) of a railway company or other transport undertaking affected by such agreement or arrangement.

(3) Subject to the foregoing provisions of this section, nothing in this Act shall prejudice or affect the rights or liabilities of any amalgamating or absorbed company under any agreement or arrangement (not being an agreement or arrangement confirmed by or scheduled to a statutory enactment) in existence at the passing of this Act except in so far as such rights or liabilities are inconsistent with the express provisions of this Act.

(4) Every amalgamating company and every absorbed company, and also every other railway company whose or any part of whose railway lies within Saorstát Eireann shall—

(a) within one month after being required in writing by the Minister so to do, or in the absence of such requisition not later than the 31st day of January, 1925, furnish to the Minister a schedule containing written particulars of all agreements and arrangements to which this sub-section applies in existence at the date of such requisition or in the absence thereof, on the 31st day of December, 1924, and to which such company is a party, and

(b) within one fortnight after the date of any agreement or arrangement to which this sub-section applies made after the date of the said requisition or the 31st day of December, 1924 (as the case may be), and to which such company is a party, furnish to the Minister written particulars of such agreement or arrangement, and

(c) within one week after being required in writing by the Minister so to do, furnish to the Minister such further particulars and information as the Minister shall so require in respect of the contents of any agreement or arrangement of which particulars shall have been previously furnished under either of the foregoing paragraphs.

If any company shall fail to furnish any particulars or information in accordance with this section or shall furnish under this section any false or misleading information, such company shall be liable to pay to the Minister for the use of the Exchequer such penalty not exceeding twenty-five pounds together with, in the case of a continuing offence, such further penalty not exceeding five pounds for every day during which the offence is continued, as the railway tribunal shall on the application of the Minister, impose.

This sub-section applies to all agreements and arrangements (whether made under statutory powers or otherwise) whereby provision is made for the allocation or routing of traffic by railway to or from any place in Saorstát Eireann or for the pooling of receipts from such traffic, or for differential rates on traffic passing by sea to or from Saorstát Eireann.

(5) After the passing of this Act it shall be lawful for the Postmaster-General or any of the amalgamating or absorbed companies or the amalgamated company to apply to the railway tribunal—

(a) for a revision of any agreement whether statutory or otherwise, which at the date of the passing of this Act is in existence between the Postmaster-General and any of the amalgamating or absorbed companies; or

(b) where no such agreement is so in existence, for the determination of any difference or dispute which may exist or arise between the Postmaster-General and any of the amalgamating or absorbed companies or the amalgamated company as regards the remuneration to be paid for services rendered by such company to the Postmaster-General, such services (notwithstanding any statutory or other provision to the contrary) to continue to be rendered by such company pending the decision of the railway tribunal.