S.I. No. 6/1925 - The Great Southern Railways Absorption (No. 2) Scheme, 1925.

STATUTORY RULES AND ORDERS. 1925. No. 6.

THE GREAT SOUTHERN RAILWAYS ABSORPTION (No. 2) SCHEME, 1925.

THE GREAT SOUTHERN RAILWAYS ABSORPTION (No. 2) SCHEME, 1925.

ARRANGEMENT OF SECTIONS

Preamble.

WHEREAS by Section 2 of the Railways Act, 1924 (a) (hereinafter referred to as " the Act ") it is provided that a Company shall be formed in the manner prescribed by the Act by the amalgamation of the Companies named in the first column of the First Schedule thereto (in the Act and hereinafter referred to as " Amalgamating Companies ") and by the absorption of the Companies named in the second column of the said Schedule (in the Act and hereinafter referred to as " Absorbed Companies ").

AND WHEREAS the Great Southern Railways Company has been formed by the amalgamation of the Amalgamating Companies under and by virtue of the Great Southern Railways Amalgamation Scheme, 1925 (b).

AND WHEREAS by Section 5 of the Act it is provided that if the Amalgamating Companies fail on or before the thirty-first day of August One thousand nine hundred and twenty-four to submit one or more agreed Schemes for the absorption of all the Absorbed Companies, a Scheme for the absorption of any such Company with respect to which an agreed Absorption Scheme framed in accordance with the provisions of the Act has not been made shall be prepared and settled in accordance with the Act by the Railway Tribunal.

AND WHEREAS no such agreed Scheme has been made with respect to any of the Absorbed Companies.

NOW, THEREFORE, pursuant to the provisions of the Act, we the Railway Tribunal have prepared and settled the Scheme hereinafter contained for the absorption by the Great Southern Railways Company of the following Absorbed Companies:—the Baltimore Extension Railway Company, Limited, and the Cork City Railways Company, which Companies are in this Scheme referred to as " the Vested Companies."

1 Short title

1. This scheme may be cited for all purposes as " the Great Southern Railways Absorption (No. 2) Scheme, 1925."

2 Interpretation

2. In this Scheme :—

"the Company" means the Great Southern Railways Company. " the Vested Companies " means the Vested Companies or any of them as the case may be.

" the date of Vesting " means the first day of January One thousand nine hundred and twenty-five.

" the date of Settlement " means the date on which this Scheme is settled by the Railway Tribunal.

" Stock " includes debentures, loans and shares, unless there be something in the context or subject repugnant to such construction.

(a) No. 29 of 1924.

(b) S.R. & O. 1925. No. 1.

3 Incorporation of Acts

3. The following parts of Acts are incorporated with and form part of this Scheme (that is to say) :

Part V. (relating to Amalgamation) of the Railways Clauses Act, 1863, subject to the provisions of the Act and of this Scheme, and for the purposes of this incorporation this Scheme shall be deemed to be " the Special Act."

The provisions contained in the Third Schedule to the Act (with respect to existing officers and servants).

4 Vested companies absorbed by Company

4. The undertakings of the Vested Companies are hereby transferred to and absorbed by and shall form part of the undertaking of the Company, and each such transfer and absorption shall take effect as on and from the date of Vesting.

5 Dissolution of Vested Companies

5. On and from the date of settlement the Vested Companies shall be and are hereby dissolved except for the purpose of anything to be done in accordance with this Scheme.

6 Repeal of unexercised capital powers

6. On and from the date of settlement all unexercised powers of raising money conferred upon the Vested Companies are hereby repealed.

7 Certain stock to be cancelled

7. On and from the date of settlement all stocks of the Vested Companies are hereby cancelled.

8 Management between date of Vesting and date or Settlement

8. During the period between the date of Vesting and the date of Settlement, the undertaking of the Vested Companies shall be deemed to have been carried on by such Companies respectively as agents for and on behalf of the Company and during such period the Company shall be deemed to have been, and shall be, liable alone for all debts and liabilities contracted by the Vested Companies respectively, and shall be deemed to have been, and shall be, alone entitled without any assurance in that behalf to all assets and rights acquired by the Vested Companies respectively.

9 Superannuation funds, etc

9.—(1) Subject to the provisions of this Section, any superannuation, pension, provident widows' and orphans', or other benefit fund or funds established by either of the Vested Companies (hereinafter in this Section called " the said funds ") and the respective management thereof, shall continue unaltered as if the Vested Companies had not been absorbed until other provision is made by the Oireachtas.

(2) For the purpose of the statutory enactments and of the rules and regulations relating to the said funds, any power of the Vested Companies or the Directors or any officer thereof shall be exercised by the Company or its Directors or any officer thereof, and the service or employment or dimissal under or by the Company of the officers and servants of the Vested Companies who by virtue of this Scheme become officers and servants of the Company shall be deemed to be service or employment or dismissal under or by that one of the Vested Companies in whose employment the officers or servants respectively were immediately prior to the date of settlement. Provided that where under therules of any of the said funds Directors are authorised to appoint officers or servants to any Managing Committee, the Directors of the Company in exercising such powers shall appoint officers or servants of the Company who are members of the Fund to whose Managing Committee they are appointed, or who but for the absorption would have been eligible for appointment to such Managing Committee.

(3) The obligations of each of the Vested Companies to their own officers and servants in respect of the said funds and in respect of the Railway Clearing System Superannuation Fund, and in respect of every member of the said funds respectively and of the Railway Clearing System Superannuation Fund, whether obtaining legally or by customary practice shall be binding upon the Company.

(4) All persons who are or have been members of any of the said Funds, and all persons claiming in right of any such members shall be entitled to the same benefits, rights and privileges, and subject to the same obligations whether obtaining legally or by customary practice as such persons would have been or might have become entitled or subject to if the Vested Companies had not been absorbed.

(5) Any person in the service of either of the Vested Companies on the date of settlement not being a member of any of the said funds, and who becomes an officer or servant of the Company shall so long as he remains in the service of the Company have the same right to become a member of any of the said funds as he would have had if the Vested Companies had not been absorbed, and he had remained in the service of the same Company. Save as aforesaid no person shall be entitled to become a member of any of the said funds who is not so entitled immediately before the date of settlement.

10 For protection of Minister for Posts and Telegraphs

10. Notwithstanding anything in this Scheme on and from the date of settlement all enactments, awards, deeds, agreements and arrangements containing provisions as between the Minister for Posts and Telegraphs and either of the Vested Companies respectively relating to the construction and maintenance of telegraphs shall continue to apply only to the system of railways, works and lands which previously to the date of settlement formed the undertaking of such Vested Company and to the Minister for Posts and Telegraphs and the Company in respect thereof.

In witness whereof, we the Railway Tribunal, have hereunto affixed our Seal and set our hands this third day of March, One thousand nine hundred and twenty-five.

D. J. O'BRIEN.

JOHN R. KERR.

HENRY MANGAN.

JOHN O'BRIEN,

Registrar of the Railway Tribunal.