Transport (Miscellaneous Provisions) Act, 1971

Reference of certain disputes to Circuit Court.

30.—(1) A dispute, difference or appeal which but for this section could be referred or made to the standing arbitrator shall not be so referred or made after the passing of this Part but shall be heard and decided by the Circuit Court if a party thereto entitled to refer or make it to such arbitrator applies to that Court by motion on notice served on the other party thereto not less than 21 days before the day on which the application is intended to be made and, subject to the provisions of this section, the provisions mentioned in subsection (6) shall, in relation to any such application, be construed and have effect accordingly.

(2) Where, in respect of a dispute, difference or appeal referred or made to the standing arbitrator under any of the provisions mentioned in subsection (6) since the passing of the Transport Act, 1966 , a decision was not given before the passing of this Part and is not given during the period of three months immediately after such passing, the dispute, difference or appeal shall, in lieu of being decided by the standing arbitrator, be heard and decided by the Circuit Court if a party thereto applies after the expiration of that period to that Court by motion on notice served on the other party thereto and on the standing arbitrator not less than 21 days before the day on which the application is intended to be made and, subject to the provisions of this section, the provisions mentioned in subsection (6) shall, in relation to any such application, be construed and have effect accordingly.

(3) An application to the Circuit Court under this section shall, at the election of the person making the application, be made to a judge of the Dublin Circuit or to the judge of the circuit where such person resides or has his principal place of business.

(4) Notwithstanding anything contained in the Third Schedule to the Act of 1924 or in section 41 or 42 of the Act of 1950, an appeal to the High Court (whose decision shall be final) on a question of law may be brought from a decision of the Circuit Court under this section, but an appeal from such a decision on a question of fact may not be brought.

(5) Section 8 of the Railways (Existing Officers and Servants) Act, 1926 , and section 43 of the Act of 1950 shall not apply or have effect in relation to disputes, differences or appeals falling to be heard and decided by the Circuit Court under this section.

(6) In this section “the standing arbitrator” means the standing arbitrator appointed for the purposes of the Third Schedule to the Act of 1924 or section 41 or 42 of the Act of 1950.