S.I. No. 40/1954 - Wexford Gas Order, 1954.

S.I. No. 40 of 1954.

WEXFORD GAS ORDER, 1954.

I, SEÁN F. LEMASS, 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 :—

1 Short title, commencemen and collective citation.

1.—(1) This Order may be cited as the Wexford Gas Order, 1954 and shall come into operation on the first day of March, 1954.

(2) The Wexford Gas Order, 1903, the Wexford Gas (Charges) Order, 1921, and this Order, may be cited together as the Wexford Gas Orders, 1903 to 1954.

2 Incorporation of Acts.

2.—(1) Except where expressly varied by this Order, and to the extent that they are not inconsistent with the Gas Regulation Act, 1920, the enactments, so far as they are applicable for the purposes of this Order, which by Article 3 of the Order of 1903 are deemed to be incorporated with that Order shall be deemed to be incorporated with this Order to the same extent.

(2) In the application to the undertakers of the Gasworks Clauses Act, 1847, as incorporated with the Order of 1903 and this Order, Section 13 shall be read as if the words " or any premises " were inserted after the words " private building."

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

3 Interpretation.

3. In this Order—

" the Order of 1903 " means the Wexford Gas Order, 1903, as confirmed by the Gas and Water Orders Confirmation Act, 1903 (3 Edw. 7, Ch. cli).

" the Undertakers " means the Wexford Gas Consumers Company (Limited).

4 Order of 1903 to be modified and amended.

4. The Order of 1903 shall be and the same is hereby modified and amended in manner and to the extent in the succeeding Articles hereof mentioned.

5 Increase of Share Capital.

5. Notwithstanding anything contained in Article 7 of the Order of 1903, the Undertakers may increase the existing Share Capital of the Company to any amount not exceeding £40,000, and any additional share capital issued for the purpose of effecting such increase may consist of Ordinary Shares or Preference Shares or both Ordinary and Preference Shares, as the Undertakers shall deem most expedient ; any such Ordinary Shares shall form part of and be an addition to the existing shares of the Company known as " C " shares ; any such Preference Shares shall rank for dividend either pari passu with or next after the existing one thousand Preference shares of£5 each, as the Undertakers shall deem most expedient. Articles 8 to 11 of the Order of 1903 shall not apply to the additional shares authorised by this Article to be issued.

6 Application of premiums arising on issue of shares.

6.—(1) Any sum of money which may arise from the issue of any shares under the provisions of this Order by way of premium after deducting therefrom the expenses of and incidental to such issue shall not be considered as profits of the Undertakers but shall be expended in extending or improving the works of the Undertakers or in paying off money borrowed or owing on mortgage by the Undertakers and shall not be considered as part of the capital of the Undertakers entitled to dividend.

(2) Article 12 of the Order of 1903 shall not apply to the issue of shares under the provisions of this Order.

7 Dividends on additional capital.

7. Subject to Articles 14 and 26 of the Order of 1903, which are hereby declared to apply to any additional ordinary share capital issued under this Order, the Undertakers shall not in any year declare or pay any larger dividends on any additional share capital issued under the provisions of this Order than the rates following, that is to say :—

(a) on any additional Ordinary Share capital a standard dividend of five pounds in respect of every one hundred pounds actually paid up of such capital ;

(b) on any additional Preference Share capital a dividend of seven pounds in respect of every one hundred pounds actually paid up of such capital.

8 Borrowing Powers.

8. The amount of money borrowed by the Undertakers and at any time outstanding shall not exceed in the whole one-half of the nominal amount of the share capital of the Undertakers for the time being, and the repayment of any money so borrowed may, in addition to any other mode of securing the same authorised by the Articles of Association of the Undertakers or the Order of 1903, be secured by the issue of debentures or debenture stock or any charge or other security on the whole or any part of the property of the Undertakers both present and future.

9 Revocation of Article 15 of the Order of 1903.

9. Article 15 of the Order of 1903 is hereby revoked.

10 Power to lay pipes in private streets.

10.—(1) The Undertakers 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 Gasworks Clauses Act, 1847, shall apply as if Section 7 of that Act were excepted from incorporation with the Order of 1903.

(2) The powers conferred on the Undertakers by this Article shall not be exercised by them over or in relation to any street orroad 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.

11 Power to deal with lands acquired for the purpose of the Undertaking.

11.—(1) The Undertakers may retain and hold and use for such time as they may think fit or may sell, lease, exchange or otherwise dispose of in such manner and for such consideration and on such terms and conditions as they may think fit any lands or any interest therein acquired by them for the purposes of the Undertaking.

(2) Notwithstanding anything contained in the Gasworks Clauses Act, 1871, the provisions of Sections 128 to 132 of the Lands Clauses Consolidation Act, 1845, shall not apply to any lands sold or disposed of by the Undertakers under this Article.

12 Housing Accommodation for the Undertakers' employees, offices, etc.

12. The Undertakers may purchase or take on lease in addition to any lands for the time being held by the Undertakers for the purposes of the Undertaking, houses, cottages or other buildings for persons employed by them in connection with the Undertaking, and offices, showrooms and other buildings for the purposes of the Undertaking, and may erect, maintain and let any such buildings upon any lands for the time being held by the Undertakers for the purposes of the Undertaking.

13 Fitting up of Offices, Showrooms, etc.

13. The Undertakers may in connection with and for the purposes of the Undertaking fit up showrooms and offices and exhibit specimen installations and give demonstrations of the uses to which gas may be put, and may appoint and pay persons for the purpose and may, by public advertisement or otherwise make known any matters connected with or affecting the sale of gas.

14 Order of1903 as modified and amended to remain in force.

14. Save as modified or amended by this Order, and save in so far as anything therein contained is or may be inconsistent with the provisions of this Order, the Order of 1903 shall remain and continue to be of full force and effect.

15 Costs of Order.

15. 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 Undertakers, and shall be charged by the Undertakers as part of their expenses on revenue account.

GIVEN under my Official Seal, this first day of March, 1954.

SEÁN F. LEMASS,

Minister for Industry and Commerce.