Electricity (Supply) (Amendment) (No. 2) Act, 1934

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Number 38 of 1934.


ELECTRICITY (SUPPLY) (AMENDMENT) (NO. 2) ACT, 1934.


ARRANGEMENT OF SECTIONS

PART I.

PRELIMINARY AND GENERAL.

Section

1.

Short title and citation.

2.

Definitions and construction.

3.

Expenses of the Minister.

PART II.

EXECUTION OF ADDITIONAL WORKS.

4.

Execution of the scheduled works.

5.

Board may acquire land, etc., compulsorily.

6.

Ascertainment of price or compensation.

7.

Execution of works in lieu of compensation.

8.

Deposits of plans, etc.

9.

Protection of postal and telegraphic services.

10.

Exemption of scheduled works from rates.

11.

Protection of public roads and bridges.

12.

Advances from the Central Fund to the Board.

13.

Payment of interest on advances from the Central Fund.

14.

Repayment of advances from the Central Fund.

15.

Charge on scheduled works.

16.

Grants by the Minister for Finance.

PART III.

AMENDMENT OF THE ELECTRICITY (SUPPLY) ACT, 1927.

17.

Amendment of section 45 of the Principal Act.

18.

Amendment of First Schedule to the Principal Act.

19.

Prohibition of building under transmission wires.

20.

Notice of intention to erect building.

21.

Certain payments by the Board.

FIRST SCHEDULE.

Works authorised to be undertaken.

SECOND SCHEDULE.

Public Inquiries.


Acts Referred to

Electricity (Supply) Act, 1927

No. 27 of 1927

Local Government Act, 1933

No. 5 of 1933

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Number 38 of 1934.


ELECTRICITY (SUPPLY) (AMENDMENT) (NO. 2) ACT, 1934.


AN ACT TO MAKE PROVISION FOR THE EXECUTION OF WORKS BY THE ELECTRICITY SUPPLY BOARD FOR IMPROVING THE STORAGE OF WATER FOR THE PURPOSES OF THE SHANNON HYDROELECTRIC WORKS, AND TO AMEND AND EXTEND IN CERTAIN RESPECTS THE ELECTRICITY (SUPPLY) ACT, 1927 , AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [13th September, 1934.]

BE IT ENACTED BY THE OIREACHTAS OF SAORST?T EIREANN AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and citation.

1.—(1) This Act may be cited as the Electricity (Supply) (Amendment) (No. 2) Act, 1934.

(2) For the purposes of collective citation the expression “the Electricity (Supply) Acts, 1927 to 1934” shall include this Act.

Definitions and construction.

2.—(1) In this Act the expression “the Principal Act” means the Electricity (Supply) Act, 1927 (No. 27 of 1927).

(2) The Principal Act and this Act shall be read and construed as one Act, and accordingly expressions and words used in this Act which are also used in the Principal Act have the same meanings in this Act as they respectively have in the Principal Act.

Expenses of the Minister.

3.—All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II.

Execution of Additional Works.

Execution of the scheduled works.

4.—(1) For the purpose of further developing the waterstorage capacity of Lough Derg, Lough Ree, and Lough Allen on the River Shannon, the Board may undertake, execute and operate the works (in this Act referred to as the scheduled works) generally described in the First Schedule to this Act, and for the purpose of such undertaking, execution and operation the Board may do all such things as are reasonably necessary or proper therefor or incidental thereto.

(2) The Board may contract with any person for the execution of all or any works which the Board is authorised by this section to undertake and execute, and for that purpose the Board may enter into contracts.

(3) Whenever the Board enters under this section into any contract for the execution of any of the scheduled works the Board may by such contract confer on the contractor the right to do such of the said scheduled works as the Board shall think proper and shall specify in such contract, and thereupon such contractor shall have the right (concurrently with the Board) to do all or any of the things so specified as fully as if such right were conferred on him by this Act, but so far as and no further than is necessary for the due execution of such contract.

Board may acquire land, etc., compulsorily.

5.—(1) For the purpose of executing all or any of the scheduled works (whether the Board executes such works itself or by a contractor) the Board may do all or any of the following things, that is to say:—

(a) compulsorily acquire (either permanently or temporarily) any lands or premises;

(b) compulsorily acquire (either permanently or temporarily) any easement, way-leave, water right, fishing right, or other right over or in respect of any lands, premises, or water;

(c) compulsorily terminate, restrict, or otherwise interfere with (either permanently or temporarily) any easement, way-leave, water right, fishing right, or other right existing over or in respect of any lands, premises, or water;

(d) compulsorily divert, close, remove, or otherwise interfere with (either permanently or temporarily) any public or private road, way, or bridge, or any canal or other artificial water-way or any artificial watercourse;

(e) compulsorily interfere with any lands or premises.

(2) At any time after the passing of this Act and before conveyance or ascertainment of price or compensation, but subject to giving not less than one month's or, in the case of an occupied dwelling house, three months' previous notice in writing to the occupier of the lands or premises or the owner of the easement or other property or right affected, the Board (and every contractor authorised so to do by the Board) may enter on and take possession of any lands or premises or exercise any right which the Board is authorised by this section to acquire compulsorily, or may terminate, restrict, or otherwise interfere with any easement or other property or right which the Board is authorised by this section compulsorily to terminate, restrict, or interfere with, or may divert, close, remove, or otherwise interfere with any road, way, bridge, water-way, or water-course which the Board is authorised by this section compulsorily to divert, close, remove, or interfere with.

(3) Whenever the Board is of opinion that the payment of compensation for the flooding of or other interference with any lands or premises under this section would be uneconomic or for any other reason inexpedient, the Board may acquire permanently such lands or premises under this section either compulsorily or by agreement.

Ascertainment of price or compensation.

6.—(1) The amount of the price or compensation to be paid by the Board for lands and premises compulsorily acquired (whether permanently or temporarily) by it under this Act to the several persons entitled thereto or having estates or interests therein, or for or in respect of easements, way-leaves, water rights, fishing rights and other rights compulsorily acquired (whether permanently or temporarily) by it to the owner thereof or the several persons entitled to or having estates or interests in the lands and premises over or in respect of which such rights are so acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) The amount of the compensation to be paid by the Board on account of the compulsory termination, restriction, or other interference (whether permanent or temporary) under this Act of or with any easement, water right, fishing right, or other right existing over or in respect of any lands, premises, or water, or the compulsory diversion, closing, removal, or other interference (whether permanent or temporary) under this Act of or with any private road, way, or bridge or any canal or other artificial water-way or any artificial water-course or the compulsory interference under this Act with any lands or premises shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired.

(3) When any price or compensation is being assessed in pursuance of this section in respect of any property, corporeal or incorporeal, which is occupied, used or enjoyed with or forms part of any other property, regard shall be had to any benefit in the nature of drainage or improvement of water supply which may reasonably be expected to accrue to such property by reason of any works executed or in course of execution or about to be executed by the Board under this Act.

(4) All claims for the price of or compensation in respect of any land, premises, or right compulsorily acquired or any lands, premises, right, way, or other property compulsorily interfered with under this Act shall be made within one year after such lands, premises, right, way or property is first entered on, exercised, or interfered with by the Board or a contractor under this Act, save that in the case of permanent interference with a fishery right the claim may be made at any time within ten years after the completion of the works by which the fishery right is so interfered with.

(5) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any price or compensation payable by the Board under this section and to the conveyance to the Board of property, corporeal or incorporeal, compulsorily acquired by it under this Act, and for the purpose of such application the Board shall be deemed to be the promoter of the undertaking.

(6) No action shall lie at law or in equity against the Board or any contractor or any officer or servant of the Board or any contractor for or on account of any act, matter, or thing in respect of which compensation is payable by virtue of this section.

Execution of works in lieu of compensation.

7.—(1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done by the Board under this Act, the Board may execute for the benefit of such person such works as the Board thinks proper, and such person agrees to accept in satisfaction or partial satisfaction of his claim for such compensation.

(2) The Board may attach to the execution of any works under this section such terms and conditions (including terms as to the ownership, possession, and control of such works) as may be agreed on by the Board and the person for whose benefit the works are so executed.

(3) The Minister for Local Government and Public Health may, after consultation with the Board, declare that any particular works executed under this section shall be exempt, either permanently or for a limited time, from assessment for poor rate and also from assessment for any other rate made by a local authority, and whenever any such order is made the works to which such order relates shall be exempt from rates in accordance with such order.

Deposit of plans, etc.

8.—(1) As soon as may be after the passing of this Act and not later than one month before commencing any particular part of the scheduled works or, for that purpose, entering on any lands or premises or exercising any right or interfering with any property, corporeal or incorporeal, under this Act, the Board shall cause maps, plans, and books of reference in relation to those works to be deposited as hereinafter mentioned.

(2) The maps and plans to be deposited under this section shall be sufficient in quantity and character to show on adequate scales the extent of the scheduled works to which they relate with all contemplated deviations and variations, and also all property, corporeal and (where appropriate) incorporeal, proposed to be acquired compulsorily for the purpose of such works and also every interference (so far as the same can be shown on a drawing) proposed to be made compulsorily for the said purpose with any property, corporeal or incorporeal, or any road or bridge.

(3) The books of reference to be deposited under this section shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all lands and premises proposed to be acquired or otherwise affected compulsorily under this Act for the purpose of the scheduled works in relation to which they are deposited and of all property, corporeal or incorporeal (including roads and bridges), proposed to be in any way interfered with compulsorily under this Act for the purpose of such works.

(4) The maps, plans, and books of reference to be deposited under this section shall be deposited at the head office of the Board in the City of Dublin, and also, in the case of maps, plans, and books of reference relating to any of the scheduled works or to any property south of the bridge crossing the River Shannon at the northern end of Lough Derg and known as Portumna Bridge at the office of the Board or some other convenient place in the City of Limerick, and, in the case of maps, plans, and books of reference relating to any of the scheduled works or to any property north of the said bridge, at a convenient place in the town of Portumna, or at such other place or places as the Board may, with the approval of the Minister, determine, and all such maps, plans, and books of reference shall remain so deposited until the completion of the scheduled works to which they relate, and while so deposited shall be open to inspection by any person free of charge at the place of deposit between the hours of ten o'clock in the morning and four o'clock in the afternoon of every day except Saturdays, Sundays and bank holidays.

(5) As soon as may be after the deposit of any maps, plans or books of reference in any city or town in pursuance of this section, the Board shall give public notice of such deposit by advertisement published twice in each of two or more newspapers circulating in such city or town, and shall in every such notice state that such maps, plans, and books of reference are open to public inspection in accordance with this section.

Protection of postal and telegraphic services.

9.—Neither the Board nor any contractor executing works under this Act shall by virtue of this Act acquire, enter on, remove, or otherwise interfere with any lands, premises, buildings, works, plant, materials, or other property of the Minister for Posts and Telegraphs or erect any works or do any other matter or thing which in the opinion of the Minister for Posts and Telegraphs would obstruct, delay, hinder, or otherwise injuriously affect the due execution of the public services of the Department of Posts and Telegraphs.

Exemption of scheduled works from rates.

10.—(1) The scheduled works shall, while in the exclusive possession and control of the Board, be exempt from assessment for poor rate and also from assessment for any other rate made by a local authority.

(2) In this section the expression “local authority” includes (in addition to the meaning given to it by the Principal Act) any body of persons having power under an Act of the Parliament of Ireland or any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas to assess and levy a rate on land or on persons in respect of their occupation of land.

Protection of public roads and bridges.

11.—If and whenever the execution of any of the scheduled works under this Act involves the diversion, removal, or other interference with any public road or bridge the following provisions shall have effect, that is to say:—

(a) where the execution of the scheduled works involves the closing of the road or bridge to traffic the Board shall construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge in the same or some other convenient situation sufficient to carry traffic of such quantity and character as normally uses such road or bridge;

(b) the Board shall at or before the completion of the scheduled works either restore the road or bridge to its former condition or construct, after consultation with the Minister for Local Government and Public Health, a new permanent road or bridge in the same or some other convenient situation sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge;

(c) where the Board constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district than the original bridge, by affording an improved means of communication or otherwise, the Board shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost in his opinion ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of the maintenance of county or urban roads (as the case may be) and shall be paid by such council to the Board;

(d) if any doubt, dispute, or question shall arise as to whether the Board in the construction, maintenance, or restoration of any temporary or permanent road or bridge pursuant to this section has complied with the provisions of this section, or as to whether a permanent new bridge constructed by the Board confers substantially greater advantages on the public of any county or urban district than the original bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health, whose decision shall be final.

Advances from the Central Fund to the Board.

12.—(1) The Minister for Finance may, subject to the limitations imposed by this section, advance out of the Central Fund or the growing produce thereof to the Board as and when requested so to do by the Board all such sums (not exceeding in the aggregate the amount hereinafter mentioned) as the Minister for Industry and Commerce shall from time to time certify to be reasonably and properly required by the Board for any purpose arising under this Part of this Act.

(2) The total amount of the advances to be made to the Board under this section out of the Central Fund or the growing produce thereof shall not exceed the sum of five hundred and thirty thousand pounds.

(3) The Minister for Finance may, for the purpose of providing for the advance of sums out of the Central Fund under this section, or for the repayment to that Fund of all or any part of the sums so advanced, or for paying off any securities issued under this section so far as such payment is not otherwise provided for, borrow money by means of the issue of such securities as he thinks proper, and all sums so borrowed shall be paid into the Exchequer.

(4) The principal of and interest on all securities issued under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.

(5) The sums to be advanced under this section shall be expended by the Board solely for the purpose of the scheduled works or the doing of anything which the Board is authorised by this Part of this Act to do.

Payment of interest on advances from the Central Fund.

13.—(1) The Board shall pay to the Minister for Finance on every sum advanced to the Board out of the Central Fund under this Act interest from the date of the advance of such sum until the same is repaid at such rate as shall be appointed by the Minister for Finance and such interest shall be so paid by equal half-yearly payments on such days in every year as the Minister for Finance shall from time to time appoint.

(2) If the Board fails to pay to the Minister for Finance any interest payable by it under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on the interest so unpaid from the time appointed as aforesaid until the same is actually paid.

(3) All interest paid to the Minister for Finance by the Board under this section shall be paid into the Exchequer in such manner as the said Minister shall from time to time direct.

(4) The Minister for Finance may from time to time vary the rate at which interest payable under this section is to be paid.

Repayment of advances from the Central Fund.

14.—(1) For the purpose of providing for the repayment by the Board of the advances made to it out of the Central Fund under this Act, the Board shall make to the Minister for Finance half-yearly payments commencing on such date as the said Minister after consultation with the Minister shall appoint and continuing for such number of years and being of such amounts and payable at such times as the said Minister after consultation as aforesaid shall appoint, and different such dates, numbers of years, amounts, and times may be so appointed in respect of different portions of such advances.

(2) The several half-yearly payments to be made to the Minister for Finance by the Board under this section shall be applied by the said Minister as sinking funds for the repayment of the several portions of the advances in respect of which such half-yearly payments are made and when the Board has paid to the said Minister the full number of the half-yearly payments appointed under this section in respect of any portion of such advances (together with any interest which may have become payable under this section in respect of any of such half-yearly payments) such portion of such advances shall be deemed to be fully repaid by the Board without prejudice to the liability of the Board for any interest then unpaid in respect of such portion of such advances.

(3) If the Board fails to pay to the Minister for Finance any half-yearly payment or portion of a half-yearly payment payable by it to the said Minister under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on such half-yearly payment or portion of a half-yearly payment from the time appointed as aforesaid until the same is actually paid.

(4) The Minister for Finance may from time to time vary the rate at which interest payable under the foregoing sub-section of this section is to be paid.

(5) All moneys paid by the Board to the Minister for Finance under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the said Minister shall from time to time direct.

Charge on scheduled works.

15.—(1) Every sum advanced to the Board out of the Central Fund under this Act and all interest and every half-yearly payment payable by the Board under this Act on or in respect of such sum and all interest payable by the Board under this Act on any such interest or half-yearly payment shall become and be—

(a) a first charge on the scheduled works, and

(b) a charge on the Shannon works puisne only to the charges thereon created by section 16 of the Principal Act, and

(c) a floating charge (puisne only to the floating charges created by section 16 of the Principal Act) on all property of whatsoever nature or kind (other than the Shannon works or the scheduled works) from time to time vested in or owned by the Board, but the floating charge hereby created shall not operate to prevent or restrict the alienation or other dealing by the Board of or with any of such property in the due and proper exercise of the powers or performance of the duties conferred or imposed on the Board by law or which may hereafter be conferred or imposed on the Board.

(2) The charges created by this section shall be vested in the Minister for Finance and may be enforced by that Minister in due form of law whenever he shall think proper so to do and whether any interest or half-yearly payment secured by such charge is or is not due and unpaid and all moneys recovered by virtue of any such charge shall be paid into the Exchequer in such manner as the said Minister shall direct.

Grants by the Minister for Finance.

16.—(1) The Minister for Finance may, as and when requested so to do by the Board, make out of moneys provided by the Oireachtas grants to the Board of such sums (not exceeding in the aggregate the total amount hereinafter mentioned) as the Minister for Industry and Commerce shall from time to time certify to be reasonably and properly required by the Board for any particular purpose to which such grants are applicable under this section.

(2) The total amount of the grants which may be made to the Board under this section shall not exceed the sum of ninety-three thousand pounds.

(3) Every grant made by the Minister for Finance under this section shall be applied by the Board for such of the following purposes as is specified in the relevant certificate of the Minister for Industry and Commerce, that is to say, the execution of the scheduled works or the doing of any other thing which the Board is authorised by this Part of this Act to do.

PART III.

Amendment of the Electricity (Supply) Act, 1927.

Amendment of section 45 of the Principal Act.

17.—(1) Sub-section (5) of section 45 of the Principal Act is hereby amended by the insertion at the end of paragraph (b) thereof of the words “or with this section,” and the said sub-section shall be construed and have effect accordingly.

(2) Whenever the Board has made a special order under section 45 of the Principal Act, the Board may before conveyance or ascertainment of price or compensation (but subject to giving not less than one month's or, in the case of an occupied dwelling house, three months' previous notice in writing to the occupier of the lands or the owner of the easement or other right intended to be acquired under or affected by such order) enter on and take possession of any lands or exercise any right which is the subject of such special order.

(3) Whenever the Board under this section enters on and takes possession of any lands or exercises any right (as the case may be) before payment of the price or compensation, the Board shall pay to the occupier of the lands or owner of the easement or other right affected (as the case may be) interest on the amount of such price or compensation when fixed at the rate of four pounds per cent. per annum from the date of such entry or taking possession or the exercise of such right (as the case may be) until the date of the conveyance from such occupier or owner to the Board.

Amendment of First Schedule to the Principal Act.

18.—(1) Paragraph 8 of the First Schedule to the Principal Act is hereby amended by the insertion of the words “or in either of the opposing forces during the civil strife in the years 1922, 1923, 1924, or was interned or imprisoned in consequence of such service” after the words “Air Force,” and section 61 of that Act and the said First Schedule shall be construed and have effect accordingly.

(2) This section shall have and be deemed to have had effect as from the commencement of the Principal Act.

Prohibition of building under transmission wires.

19.—(1) Whenever the Minister is satisfied, on the application of the Board, that the erection of buildings or of a particular class or particular classes of buildings under or within a particular distance of any particular transmission wires involves risk of injury to the public or to such buildings or the occupiers thereof and that the removal of such transmission wires to another site would involve unreasonable expense or substantial technical difficulty, the Minister may, if he so thinks fit, by order (in this Act referred to as a building prohibition order) prohibit the erection of any building whatsoever or any building of a specified class or specified classes under or within a specified distance of the said transmission wires.

(2) The Minister may, if he so thinks proper, at any time by order amend or revoke a building prohibition order on the application of the Board or of any person whose land is affected by such building prohibition order.

(3) Whenever the Minister proposes to make a building prohibition order or an order amending or revoking a building prohibition order, the Minister shall publish, in such manner as he shall consider most suitable in the circumstances, notice of his intention to consider the making of such order and of the time and manner in which objections to and representations in respect of such order may be sent to him.

(4) Whenever the Minister proposes to make a building prohibition order or an order amending or revoking a building prohibition order, the Minister may, if he so thinks fit, cause a public inquiry to be held in regard to the making of such order.

(5) No building prohibition order shall operate to make unlawful the completion of any building the erection of which was begun before the date on which such order was made, and no order amending a building prohibition order shall operate to make unlawful the completion of any building the erection of which was lawfully begun before the date on which such amending order was made.

(6) If any doubt, question, or dispute shall arise as to whether the erection of a building was or was not begun, within the meaning of the next preceding sub-section of this section, before the date on which any particular order was made under this section, such doubt, question, or dispute shall be determined by the Minister and his determination thereof shall be final and conclusive,

(7) Every person who shall erect or begin or attempt to erect any building in contravention of a building prohibition order shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds together with a further fine not exceeding ten pounds for every day during which such building or any part thereof remains so erected.

(8) The provisions contained in the Second Schedule to this Act shall have effect in respect of every public inquiry which the Minister shall cause to be held in pursuance of this section.

(9) Every building prohibition order and every order under this section amending or revoking a building prohibition order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.

(10) In this section the expression “transmission wires” means wires or lines carrying electricity above the ground and forming part of the transmission system or of the distribution system.

Notice of intention to erect building.

20.—(1) No person shall erect or construct or begin to erect or construct any building or structure of which any part is within or projects over or will, when such building or structure is completed, be within or project over the relevant area of any transmission wire unless he has, at least two months before beginning such erection or construction, given to the Board notice in writing stating his intention to erect or construct such building or structure and stating all relevant particulars of such building or structure.

(2) Every person who erects or constructs or begins to erect or construct any building or structure in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with a further fine not exceeding one pound for every day during which such building or structure or any part thereof continues to be within or to project over the relevant area of any transmission wire.

(3) In this section the expression “relevant area of any transmission wire” means the area within twenty-five yards on either side of the straight line joining the centres of the bases of any two consecutive posts, pillars, or other erections supporting such transmission wire, and the expression “transmission wire” means a wire or line carrying electricity above ground and forming part of the transmission system or of the distribution system.

Certain payments by the Board.

21.—(1) Whenever any local authority which was an authorised undertaker whose undertaking was acquired by the Board under the Principal Act has refused to pay to any person who was at any time employed by such local authority for the purposes of such undertaking or to the personal representative of any such person the whole or any part of any salary, wages, or remuneration which such local authority might lawfully have paid under sub-section (1) of section 7 of the Local Government Act, 1933 (No. 5 of 1933), the Board may, subject to the provisions of the said section 7 (so far as those provisions are applicable) and of this section, pay to any such person or personal representative the whole or any part (as the case may require) of any of such salary, wages or remuneration.

(2) The following provisions shall have effect for the purposes of the foregoing sub-section of this section, that is to say:—

(a) payment may be made to a person under that sub-section whether he is or is not, at the time of making such payment, an officer or servant of the Board;

(b) every doubt, question, or dispute which shall arise in the carrying of this section into effect shall be determined by the Minister whose determination thereof shall be final.

(3) Every local authority which was an authorised undertaker whose undertaking was acquired by the Board under the Principal Act shall, when requested so to do by the Board, furnish to the Board all information in the possession, power, or procurement of such local authority in relation to every person to whom such payment might lawfully have been made by such local authority under the said sub-section (1) of section 7 of the Local Government Act, 1933 (No. 5 of 1933)

FIRST SCHEDULE.

Works Authorised to be Undertaken.

1. Making provision for controlling the level of the water in Lough Derg between the limits of 110 (one hundred and ten) feet O.D. and 112 (one hundred and twelve) feet O.D., and for that purpose altering the weirs at Parteen Villa and Meelick, raising and extending the embankments between Parteen Villa and Lough Derg and between Lough Derg and Meelick, extending the protective works for the railway line at Killaloe, and executing divers other works.

2. Lowering the level of Lough Ree to a minimum level of 121 (one hundred and twenty-one) feet O.D., and for that purpose executing divers works.

3. Making provision for controlling the level of the water in Lough Allen between the limits of 168 (one hundred and sixty-eight) feet O.D. and 154 (one hundred and fifty-four) feet O.D., and for that purpose dredging new channels and deepening existing channels, removing and reconstructing the weir at the outlet of the said Lough, reconstructing certain bridges, and executing divers other works.

4. Altering or removing and reconstructing divers quays, harbours, landing-stages, boat-houses, roads, bridges and other existing works.

5. Executing all such other works of whatsoever nature which are incidental to, consequential on, or rendered necessary by the doing of all or any of the things mentioned in the several foregoing paragraphs of this Schedule.

SECOND SCHEDULE.

Public Inquiries.

1. The inquiry shall be held by such person and at such time and place as the Minister shall appoint.

2. The Board shall cause notice of the holding of the inquiry to be given in such manner as the Minister shall direct to the public and to such particular persons as the Minister shall specify.

3. The person holding the inquiry shall have all such powers, rights, and privileges for enforcing the attendance of witnesses and examining them on oath (which such person is hereby authorised to administer) or otherwise, and for compelling the production of documents as are vested in the High Court or a Judge thereof in respect of the trial of an action, and a summons signed by such person shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses or compelling the production of documents, as the case may be.

4. If any person—

(a) on being duly summoned as a witness at the inquiry makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the person holding the inquiry to be taken, or to produce any document legally required by the person holding the inquiry to be produced by him, or to answer any question to which the person holding the inquiry may legally require an answer, or

(c) does any other thing which would, if the person holding the inquiry were a Court of Justice having power to commit for contempt of court, be contempt of such court,

the person holding the inquiry may certify the offence of that person under his hand to the High Court and that Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said Court.

5. A witness before the inquiry held under this Act shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

6. All expenses incurred by the Minister in holding the inquiry shall be paid to the Minister by the Board, and the amount of such expenses shall be fixed by the Minister and when so fixed shall be recoverable by the Minister from the Board as a civil debt in any court of competent jurisdiction.