S.I. No. 58/1950 - Limerick Corporation Gas Undertaking - Statutory Powers (Special Order).

S.I. No. 58 of 1950.

LIMERICK CORPORATION GAS UNDERTAKING—STATUTORY POWERS (SPECIAL ORDER).

DATED 7th DAY OF MARCH, 1950, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE UNDER SECTION 10 OF THE GAS REGULATION ACT, 1920, ON THE APPLICATION OF THE LIMERICK CORPORATION.

I, DANIEL MORRISSEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by Section 10 of the Gas Regulation Act, 1920, and of every and any other power me in this behalf enabling, hereby order as follows, that is to say :—

1 Short title and collective citation.

1.—(1) This Order may be cited as " The Limerick Gas Order, 1950."

(2) The Limerick Corporation Gas Act, 1878, the Limerick Gas (Charges) Order, 1923, and this Order may be cited together as " The Limerick Gas Act and Orders, 1878 to 1950."

2 Interpretation.

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

(2) In this Order—

the expression " the Act of 1878 " means the Limerick Corporation Gas Act, 1878 ;

the expression " the Minister " means the Minister for Industry and Commerce ;

The word " year " means a period of twelve months commencing on the 1st day of April and ending on the 31st day of March next following ;

the expression " the establishment charges," means the expenses incurred by the Corporation in and for the carrying on and management of the general undertaking which are properly chargeable to revenue ;

the expression " the general undertaking " means the general undertaking mentioned in the Act of 1878 with the modifications and extensions made by this Order ;

the expression " the limits of supply " means the limits of supply specified in Article 5 of this Order in relation to the general undertaking.

(3) Every word or expression to which a special meaning is assigned in the Act of 1878 (except the expressions " the general undertaking " and " the limits of supply ") or to which a meaning is assigned in the Gas and Waterworks Facilities Act, 1870, or in the Gas Regulation Act, 1920, has the same meaning in this Order, save where the context otherwise requires.

3 Costs of this Order.

3. All costs, charges and expenses of and incidental to the applying for, preparing and obtaining this Order and otherwise in relation thereto shall be paid by the Corporation as part of the expenses of the general undertaking.

4 Incorporation of certain Acts.

4. The Gas Works Clauses Act, 1847, and the Gas Works Clauses Act, 1871, so far as the same are applicable and are not inconsistent with the Gas Regulation Act, 1920, or with any provision of the Limerick Gas Act and Orders, 1878 to 1950, and subject to any modification made expressly by this Order, are hereby incorporated with this Order and for the purpose of such incorporation the expression " Special Act " in the said Gas Works Clauses Act, 1847 and the said Gas Works Clauses Act, 1871, shall be construed to mean this Order and the expression " the Undertakers " shall be construed to mean the Corporation.

5 Limits of Supply.

5. In lieu of the limits of supply prescribed by section 2 of the Act of 1878, the limits of supply in relation to the general undertaking shall be the borough of Limerick for the time being together with those portions of the County Health Districts of Limerick and Clare situate not more than one mile from the boundary of the borough of Limerick for the time being.

6 Manufacture and supply of gas and residual products.

6.—(1) As part of the general undertaking and subject to the provisions of the Limerick Gas Acts and Orders, 1878 to 1950, the Corporation may—

(a) make, supply and sell gas within the limits of supply, and

(b) manufacture, make up, convert and sell any residual product arising directly or indirectly from the manufacture of gas.

(2) In the application to the general undertaking of the Gas Works Clauses Act, 1847, as incorporated with the Act of 1878 and this Order, section 13 shall be read as if the words " or any premises " were inserted after the words " private building," and as if the following proviso were added to the section, that is to say :—

" Provided that any such contract entered into by the Corporation shall, in like circumstances, be alike in terms and amounts to all consumers."

7 Location of works, storage reservoirs, etc.

7.—(1) As part of the general undertaking and subject to the provisions of sub-Articles (2) and (3) of this Article the Corporation on any land in its occupation within the limits of supply may—

(a) erect, maintain, alter, improve, discontinue or renew gas works with any ancillary machinery or apparatus ;

or

(b) do anything (including the storage of gas) which is necessary or proper for the manufacture and supply of gas ;

or

(c) work up and manufacture any residual products arising directly or indirectly from the manufacture of gas.

(2) The Corporation shall not manufacture gas or any residual products arising in the manufacture of gas on any land except the land described in the Schedule to this Order.

(3) The Corporation shall not store gas on any land other than the land described in the Schedule to this Order which is situated within three hundred yards of any dwellinghouse existing at the time when the Corporation proposes to store gas on such land, without the previous consent in writing of the owner, lessee and occupier of such dwellinghouse.

8 Ancillary powers of the Corporation.

8. The Corporation may as part of the general undertaking do any of the following things, that is to say—

(a) provide and maintain dwellings for persons employed in the general undertaking, and let any such dwelling to such a person or permit him to occupy the same, gratuitously or for payment, as part of his conditions of service ;

(b) provide and maintain offices, showrooms and other similar accommodation and facilities ;

(c) expend moneys on advertising the products of the general undertaking and in making public matters connected with or affecting the sale of any of those products.

9 Power to lay pipes in private streets.

9.—(1) The Corporation may on the application of the owner or occupier of any premises within the limits of supply abutting on any street laid out, but not dedicated to public use, supply those premises with gas, and for that purpose the Gas Works Clauses Act, 1847, shall apply as if section 7 of that Act were excepted from incorporation with the Act of 1878 and this Order.

(2) The powers conferred on the Corporation by this Article shall not be exercised by it over or in relation to any street or road for the time being vested in or under the control of any Minister of State, except with the licence in writing of that Minister of State and subject to such conditions as that Minister of State may generally or in any particular instance prescribe.

10 Power to refuse a supply.

10. Notwithstanding anything in the Gasworks Clauses Act, 1847, or the Gasworks Clauses Act, 1871, or any other enactment the following provisions shall have effect, that is to say :—

(a) The Corporation shall not be obliged to give from any main a supply of gas for any purpose other than lighting or domestic use in any case where the capacity of such main is at the date of the request for such supply insufficient for such purpose or if and so long as any such supply would in the opinion of the Corporation interfere with the sufficiency of the gas required to be supplied by that main for lighting or domestic purposes.

(b) If a person requiring a supply of gas from the Corporation has previously quitted premises at which gas was supplied to him by the Corporation without paying all gas charges and meter rent due by him in connection with such supply the Corporation may refuse to furnish him a supply of gas until he pays such charges and rent.

(c) In any case in which in consequence of any default on the part of the occupier of any premises the Corporation have cut off the supply of gas to such premises, and the occupier so in default shall desire to resume such supply, he shall pay to the Corporation the expenses of reconnecting such supply, and the Corporation shall not be under any obligation to supply gas to such occupier until he shall have made good the default and paid such expenses.

11 Consumers to give notice before removing.

11. At least three days' previous notice shall be given to the Corporation by every gas consumer, either personally at the office of the Corporation or in writing, before he shall quit any premises supplied with gas by meter by the Corporation, and in default of such notice the consumer so quitting shall be liable to pay to the Corporation the money accruing due in respect of such supply up to the next usual period for ascertaining the register of the meter on such premises, or the date from which any subsequent occupier of such premises shall require the Corporation to supply gas to such premises, whichever shall first occur. Notice of the effect of this enactment shall be endorsed upon every demand note for gas charges payable to the Corporation.

12 Notice to discontinue supply of gas.

12. A notice to the Corporation from a consumer for the discontinuance of a supply of gas shall not be of any effect unless it be in writing signed by or on behalf of the consumer and be left at or sent by post to the office of the Corporation, or be given by the consumer personally at the office of the Corporation.

13 Provisions for Valve in certain cases.

13.—(1) Every consumer of gas supplied by the Corporation who uses Air Blast equipment or air at high pressure or any gas not supplied by the Corporation for or in connection with the consumption of such gas shall provide and fix a Back Pressure non-return valve on both air and gas lines supplying such air blast equipment and shall in addition if required by the Corporation, provide and fix an anti-suction Valve on the Gas-line where the Corporation considers it necessary and shall at all times at his own expense keep in proper order and repair any such valves or other appliance as aforesaid which shall have been provided and fixed whether upon such requirement or otherwise.

(2) If any consumer shall fail to comply with any requirements of the Corporation or obligation under this Article the Corporation may cease to supply gas to him and shall not be under any obligation to resume such supply until the default shall have been remedied to its satisfaction.

(3) It shall not be lawful for any consumer at any time after the date of this Order to commence to use high-pressure air or any Air Blast equipment unless and until he shall have given to the Corporation not less than fourteen days' previous notice in writing of his intention to do so.

(4) The Corporation shall give notice of the effect of the foregoing provisions of this Article on the demand notes for gas charges

14 Period of error in defective meters

14. In the event of any meter used by a consumer of gas being tested in manner provided by the Sale of Gas Act, 1859, or any other enactment relating thereto, and being proved to register erroneously within the meaning of the said Act, such erroneous registration shall be deemed to have first arisen during the then last preceding quarter of the year, unless it be proved to have first arisen during the then current quarter. The amount of the allowance to be made to or of the surcharge to be made upon the consumer by the Corporation shall be paid by or to the Corporation to or by the consumer, as the case may be, and any such surcharge shall be recoverable in the like manner as gas charges are recoverable by the Corporation.

15 Contracts by the Corporation for supply or purchase in bulk.

15. The Corporation may contract with any local authority, company, or persons for the supply by the Corporation to them or for the supply to the Corporation by them of gas in bulk upon such terms and conditions as may be agreed upon, but nothing in this Article shall authorise the Corporation to lay any mains or interfere with any street beyond the limits of supply.

16 Acquisition and disposal of land.

16.—(1) For the purposes of the general undertaking the Corporation may purchase or take on lease any lands not exceeding twenty-one acres in all whether situated within or without the limits of supply.

(2) The law in force for the time being in relation to the purchase and taking of land by agreement by the Corporation as a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts, 1878 to 1948, and in relation to the sale, exchange or other disposal of land so purchased or taken, shall apply respectively in relation to the purchase and taking of land by the Corporation under this Article and in relation to the sale, exchange or other disposal of any land so purchased or taken.

17 Borrowing.

17.—(1) With the consent of the Minister for Local Government and subject to the provisions of sub-Article (2) of this Article the Corporation may borrow for the purposes of capital expenditure on the general undertaking.

(2) No sum shall be borrowed under sub-Article (1) of this Article which would cause the total amount outstanding and unpaid of all the sums so borrowed to exceed £500,000.

(3) A sum borrowed by the Corporation under this Article shall not be reckoned for the purposes of any limitation on the amount to be borrowed by the Corporation under its other statutory powers.

(4) The provisions of the Local Government (Sanitary Services) Acts, 1878 to 1948, in relation to borrowing by a sanitary authority (except subsections (2) and (3) of section 238 of the Public Health (Ireland) Act, 1878), shall apply with the necessary modification in relation to any borrowing by the Corporation under this Article.

18 Disposal of Revenue and Defrayal of Expenses.

18. The expenses incurred by the Corporation in and for the carrying on and management of the general undertaking shall be defrayed out of the Municipal Fund into which shall be paid the revenues received from the general undertaking ; but, so far as is possible, the establishment charges incurred in any year shall be defrayed out of revenues received during that year.

19 The Reserve Fund.

19.—(1) In this Article the expression " annual residue " means in relation to any year the residue of the revenues received in the year from the general undertaking which is not required for defraying the establishment charges.

(2) The Corporation by means of payments out of the Municipal Fund made in pursuance of this Article shall establish and maintain a fund, to be called and in this Article referred to as " the reserve fund," which shall be applicable to answer any deficiency in the income of the general undertaking or to meet any extraordinary claim or demand against the Corporation in respect of the general undertaking.

(3) At the close of any year in which there is an annual residue, the Corporation at its discretion but subject to the express requirements of this Article may pay a sum not exceeding such annual residue into the reserve fund.

(4) If at the close of any year in which there is an annual residue the amount in the reserve fund is less than the prescribed reserve by a deficiency which is not less than the annual residue, the Corporation shall pay into the reserve fund a sum equal to either the annual residue or five thousand pounds whichever shall be the lesser.

(5) If at the close of any year in which there is an annual residue the amount in the reserve fund is less than the prescribed reserve by a deficiency which is not more than the annual residue, the Corporation shall pay into the reserve fund either a sum equal to the said deficiency or five thousand pounds whichever shall be the lesser.

(6) If at the close of any year—

(a) the price charged to private consumers for gas during the year has exceeded two shillings per therm, and

(b) there is an annual residue which exceeds the sum which the Corporation is required by sub-article (4) or sub-article (5) (as the case may be) to pay into the reserve fund by more than five thousand pounds, the Corporation shall pay a sum equal to such excess into the reserve fund in addition to the sum so required to be paid, and the prescribed reserve for the purposes of this Article shall thereafter be increased by the amount of the said excess.

(7) The payments made into the reserve fund shall be invested and, until the amount in the reserve fund reaches the prescribed reserve and at any time thereafter when the amount in the reserve fund is less than the prescribed reserve, shall be accumulated at Compound Interest.

(8) If and so long as the amount in the reserve fund is not less than the prescribed reserve, the interest on the said amount shall for the purposes of Article 18 of this Order and for the purposes of this Article be deemed to be part of the revenues received from the general undertaking and shall be applied accordingly.

(9) Subject to the provisions of sub-Article (6) of this Article the prescribed reserve for the purposes of this paragraph shall be one hundred thousand pounds.

20 Modifications in the Act of 1878.

20.—(1) Sections 22 and 23 of the Act of 1878 and Section 40 of the said Act as amended by Article 2 of the Limerick Corporation Gas Order, 1918, shall cease to have effect.

(2) Every reference in the Act of 1878 to the general undertaking or the limits of supply shall be construed as reference to the general undertaking or the limits of supply (as the case may be) with the modifications and extensions made by this Order.

21 Commencement.

21. This Order shall come into force on the 7th day of March, 1950.

SCHEDULE.

LANDS TO BE USED FOR THE MANUFACTURE OR STORAGE OF GAS.

PART ONE.

The lands at present belonging to the Corporation and used for the manufacture and storage of gas in connection with its gas undertaking occupying an area of two acres, three roods, five square perches or thereabouts and situated on the South side of Dock Road, between O'Curry Street and Alphonsus Street in the Parish of Saint Michael and City of Limerick.

PART TWO.

The lands at Corkanree at present owned by the Corporation being part of the lands incorporated in the Borough of Limerick by Section 14 of the Limerick Improvement Amendment Act, 1865, bounded on the Northwest by the foreshore of the River Shannon, on the Southwest by the embankment separating the lands of Corkanree from the meadow lands owned or reputed to be owned by Patrick James Anthony Riordan, Esq., which embankment runs Northwest from the main road Limerick to Askeaton to the foreshore of the River Shannon parallel to the Limerick Borough Boundary, on the Southeast by the said main road Limerick to Askeaton and on the Northeast by the boundary line running north from the said main road Limerick to Askeaton to the foreshore of the River Shannon within the Corkanree lands and separating the Corporation property from the property of the Limerick Harbour Commissioners, occupying an area of forty acres and one rood or thereabouts, together with a piece of land occupying an area of three acres, one rood and eleven square perches at present owned by the Limerick Harbour Commissioners and adjoined to the above described property to the Northeast of the boundary line last above mentioned, bounded on the Southeast by a piece of land as present leased to Messrs. W. F. McNamara, Ltd., by the Limerick Harbour Commissioners, on the Northeast by the extension of the Northeast boundary of Messrs. W. F. McNamara's said land to the foreshore of the River Shannon and on the Northwest by the foreshore of the River Shannon, all which lands are situated in the Parish of Saint Michael and City of Limerick.

GIVEN under my Official Seal this 7th day of March, 1950.

(Signed) DANIEL MORRISSEY,

Minister for Industry and Commerce.