Transport Act, 1944

Agreements with respect to allocation or routing of traffic, pooling of receipts, etc.

49.—(1) In this section, the expression “agreement to which this section relates” means an agreement or arrangement being—

(a) an agreement or arrangement for the allocation or routing of traffic or for the pooling of receipts from such traffic or for differential rates on traffic passing by sea to or from the State, or

(b) an agreement or arrangement varying or rescinding any such agreement or arrangement as is mentioned in paragraph (a) of this subsection.

(2) Except in so far as authorised by an order of the Minister, the Company shall not enter into any agreement to which this section relates with any other transport undertaker.

(3) An order under subsection (2) of this section shall not be made in relation to any agreement to which this section relates save on the application of the parties proposing to enter into the agreement.

(4) If—

(a) an application is made for an order under subsection (2) of this section, and

(b) it appears to the Minister that the interests of any transport undertaker (not being a proposed party to the agreement) would be affected if the agreement were made, the Minister shall, before making the order, give that transport undertaker an opportunity of making representations in relation to the agreement and consider any representations so made.