Dublin and Blessington Steam Tramway (Abandonment) Act, 1932

Compensation of officers and servants.

11.—(1) Every person who was in the employment of the Committee on the 20th day of April, 1932, shall, unless (either before or after the passing of this Act) he voluntarily retires or is dismissed for misconduct from that service before the appointed day, be entitled to be awarded by the Committee compensation calculated and payable in the manner set out in the Second Schedule hereto.

(2) If any dispute or difference shall arise between the Committee and any person entitled or claiming to be entitled to compensation under this section as to whether he is or is not entitled to such compensation or as to the amount or method of calculating such compensation or in relation to the commutation of such compensation, such dispute or difference shall, on the application of the Committee or of such person, be referred to and heard and determined by the standing arbitrator appointed under this section and the decision of such standing arbitrator shall be final.

(3) The Chief Justice, whenever requested by the Minister so to do, shall appoint a practising barrister to be the standing arbitrator for the purposes of this section and the Minister for Finance shall fix the remuneration to be paid to such barrister for his services as such arbitrator.

(4) All compensation payable under this section and also the remuneration of the standing arbitrator under this section shall be borne by the County Councils and the Corporation in the manner provided by this section but shall in the first instance be paid by the Dublin Council.

(5) Whenever the Dublin Council pays under this section any compensation or remuneration the following provisions shall have effect, that is to say:—

(a) the Wicklow Council shall on demand by the Dublin Council reimburse to the Dublin Council one-half of the amount of the compensation or remuneration so paid; and

(b) the Corporation shall, on demand by the Dublin Council, reimburse to the Dublin Council so much of the other half of the said compensation and remuneration so paid as bears to such half the same proportion as the aggregate rateable value on the appointed day of all rateable hereditaments and tenements situate in the portion of the guaranteeing area which is within the county borough on the appointed day bears to the aggregate rateable value on the appointed day of all rateable hereditaments and tenements situate in any part of the guaranteeing area except the portion of that area which is within the County of Wicklow on the appointed day.

(6) The following provisions shall have effect in relation to the provision of the moneys payable by the County Councils and the Corporation respectively under this section, that is to say:—

(a) so much of the compensation and remuneration payable by the Dublin Council under this section as is not reimbursed to that Council under this section (in this sub-section referred to as the Dublin liability) may be defrayed by the said Council out of so much of the moneys payable to the said Council under this Act as is not payable by the said Council to the Corporation;

(b) moneys payable by the Wicklow Council to the Dublin Council by way of reimbursement under this section (in this sub-section referred to as the Wicklow liability) may be defrayed by the Wicklow Council out of moneys payable to that Council under this Act;

(c) moneys payable by the Corporation to the Dublin Council by way of reimbursement under this section (in this sub-section referred to as the county borough liability) may be defrayed by the Corporation out of moneys payable by the Dublin Council to the Corporation under this Act;

(d) the Dublin liability and the Wicklow liability, if and so far as they respectively are not defrayed under the relevant preceding provisions of this sub-section, shall be raised by the Dublin Council or the Wicklow Council (as the case may be) by means of the poor-rate equally over the whole of the county of Dublin or Wicklow (as the case may be) exclusive of any urban districts therein;

(e) the county borough liability, if and so far as it is not defrayed under the relevant preceding provisions of this sub-section, shall be raised by the Corporation by means of the municipal rate over the whole of the county borough;

(f) the Dublin liability, the Wicklow liability, and the county borough liability respectively may, with the consent of the Minister for Local Government and Public Health, be raised by the Dublin Council, the Wicklow Council, or the Corporation (as the case may be) wholly or partially by means of borrowing under this section in lieu of the means provided by the relevant preceding provisions of this sub-section.

(7) Where a County Council is authorised by this section to borrow money, such council may borrow such money under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, in like manner as if the purposes of this section were mentioned in that Article, and money so borrowed shall not be reckoned as part of the debt of such council for the purposes of the said Article.

(8) Where the Corporation is authorised by this section to borrow money, it may borrow such money as if the purposes of this section were a purpose for which the Corporation is authorised to borrow under the Public Health (Ireland) Act, 1878, and money so borrowed shall not be reckoned as part of the total debt of the Corporation for the purposes of any limitation on its borrowing powers.