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S.I. No. 164/1940 - Londonderry and Lough Swilly Railway (Letterkenny-Burtonport) Termination of Railway Services Order, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 164.

LONDONDERRY AND LOUGH SWILLY RAILWAY (LETTERKENNY-BURTONPORT) TERMINATION OF RAILWAY SERVICES ORDER, 1940.

LONDONDERRY AND LOUGH SWILLY RAILWAY (LETTERKENNY-BURTONPORT) TERMINATION OF RAILWAY SERVICES ORDER, 1940, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 31st DAY OF MAY, 1940. PURSUANT TO SECTION 9 of THE RAILWAYS ACT, 1933 .

WHEREAS it is enacted by sub-section (2) of section 9 of the Railways Act. 1933 (No. 9 of 1933), that subject to the provisions of that section, the Minister for Industry and Commerce may by order made on the application of a railway company (amongst other things) authorise such railway company, notwithstanding any statutory, contractual or other obligation to the contrary to terminate wholly a service of trains run at the date of such application over any specified railway line or section of railway line owned or operated by such company :

AND WHEREAS it is enacted by sub-section (3) of the said section 9 that the said Minister shall not make an order under that section unless he is satisfied that the railway company on whose application such order is made has lawful authority by statute, order, licence, or otherwise to carry on a road transport service affording to the public transport facilities constituting (for the purposes of the traffic carried by the railway services authorised by such order to be discontinued) an adequate substitute for those services and that such railway company has given sufficient public notice of the establishment or intention to establish such road transport service :

AND WHEREAS the Londonderry and Lough Swilly Railway Company has made application on the 20th day of July, 1939, to the said Minister for an order under the said section 9 authorising the said company to terminate wholly the service of trains run at the said date over the section of railway line between Letterkenny and Burtonport owned and operated by the said company :

AND WHEREAS the said Minister is satisfied that the said company has lawful authority to carry on a road transport service affording to the public transport facilities constituting (for the purposes of the traffic carried by the railway services authorised by this Order to be discontinued) an adequate substitute for those services, and that the said company has given sufficient public notice of the establishment or intention to establish such road transport service :

NOW, the Minister for Industry and Commerce, in exercise of the powers conferred on him by section 9 of the Railways Act, 1933 , (No. 9 of 1933), and of every and any other power him in this behalf enabling, hereby orders as follows :—

1.—(1) This Order may be cited as the Londonderry and Lough Swilly Railway (Letterkenny-Burtonport) Termination of Railway Services Order, 1940.

(2) This Order shall come into operation on the 1st day of June, 1940.

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

3.—The Londonderry and Lough Swilly Railway Company is hereby authorised, notwithstanding any statutory, contractual or other obligation to the contrary, to terminate wholly the service of trains run on the 20th day of July, 1939, over the section of railway line between Letterkenny and Burtonport owned and operated by the said company.

Given under the Official Seal of the Minister for Industry and Commerce, this 31st day of May, 1940.

R. C. FERGUSON,

Secretary,

Department of Industry and Commerce.