No. 18/1979:

TRANSPORT (MISCELLANEOUS PROVISIONS) ACT, 1979

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Release of Board from liability to maintain certain opening bridges.

3 Non-application of section 15 of Railways Clauses Act, 1863.

4 Termination of certain right of navigation.

5 Provisions relating to train services between Glanmire and Albert Quay stations.

6 Provisions relating to Agreement dated 12th July, 1977, between the Lord Mayor, Aldermen and Burgesses of Cork, the Board and the Cork Harbour Commissioners.

7 Remuneration of chief officer of Board.

8 Amendment of section 7 of Act of 1950.

9 Repeals.

10 Expenses.

11 Short title.

SCHEDULE

AN ACT TO MAKE PROVISION IN RELATION TO CERTAIN BRIDGES IN THE COUNTY BOROUGH OF CORK AND IN RELATION TO THE MEMBERS OF THE BOARD AND THE CHIEF OFFICER OF CORAS IOMPAIR EIREANN.

[16th July, 1979]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1906" means the Cork City Railways Act, 1906;

"the Act of 1950" means the Transport Act, 1950 ;

"the Board" means Córas Iompair Éireann;

"the bridges" means the bridges across the river Lee in the county borough of Cork which carry across the channels of that river the railway described as Railway No. 1 in section 6 of the Act of 1906 and are now known as Brian Boru Bridge and Clontarf Bridge;

"the Minister" means the Minister for Tourism and Transport.

2.—The Board is released from any liability imposed by section 6 of the Act of 1906 to maintain the bridges as opening bridges.

3.—Section 15 of the Railways Clauses Act, 1863, which relates to the user of bridges with opening spans, shall not apply to the bridges.

4.—Any right of navigation the exercise of which would require the maintenance of the bridges as opening bridges is terminated.

5.—The Board is released from any obligation to operate a service of trains over the railway line between Glanmire station and Albert Quay station (both in the county borough of Cork), and the power conferred by section 21 of the Act of 1950 to make abandonment orders (within the meaning of that section) is extended to the making of such an order in relation to that railway line.

6.—(1) The Agreement of 1977 shall have statutory effect.

(2) Each party to the Agreement of 1977—

( a ) is deemed to have had power to enter into it, and

( b ) is empowered, and has the duty, to carry it out.

(3) In this section "the Agreement of 1977" means the Agreement of which a copy is set out in the Schedule to this Act.

7.—There shall be paid by the Board to its chief officer (whether that officer is described as the General Manager or otherwise) such remuneration and allowances as the Board, with the approval of the Minister given with the consent of the Minister for the Public Service, shall from time to time determine.

8.—The following is substituted for section 7 (2) of the Act of 1950:

"(2) Every member of the Board shall hold office upon such terms and conditions (including the payment, out of the funds at the disposal of the Board, of remuneration and allowances for expenses) as shall be fixed from time to time by the Minister with the consent of the Minister for the Public Service.".

9.—Sections 11, 22 (9), 22 (10) and 23 (3) of the Act of 1906, and section 134 of the Transport Act, 1944 , are repealed.

10.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

11.—This Act may be cited as the Transport (Miscellaneous Provisions) Act, 1979 .

Section 6.

SCHEDULE

Agreement between the Lord Mayor, Aldermen and Burgesses of Cork, Córas Iompair Éireann and the Cork Harbour Commissioners.

THIS AGREEMENT made the 12th day of July 1977 BETWEEN THE LORD MAYOR, ALDERMEN AND BURGESSES OF CORK (hereinafter called "the Corporation") of the one part CÓRAS IOMPAIR ÉIREANN (hereinafter called "the Board") of the second part and THE CORK HARBOUR COMMISSIONERS (hereinafter called "the Commissioners") of the third part

WHEREAS by the Cork City Railways Act, 1906, the Cork City Railways Company was empowered to make and maintain certain railway sidings and other works within the County Borough of Cork and in particular the railway described as railway No. 1 in section 6 of the said Act

AND WHEREAS the undertaking of the Cork City Railways Company was at the date of the agreement next hereinafter referred to vested in the company called Córas Iompair Éireann incorporated by section 9 of the Transport Act 1944 (hereinafter called "the Company")

AND WHEREAS it is provided by section 134 of the Transport Act 1944 , that the Company, the Corporation and the Cork Harbour Commissioners might enter into an agreement with respect to the maintenance, opening and closing of the bridge across the north channel of the river Lee and the bridge across the south channel of the river Lee which said bridges form part of the works of the said railway No. 1 and are now respectively known by the names Brian Boru Bridge and Clontarf Bridge

AND WHEREAS it is further provided by section 134 of the Transport Act 1944 , that such agreement should not have any force or effect unless confirmed by the Minister for Industry and Commerce

AND WHEREAS the Company, the Corporation and the Cork Harbour Commissioners entered into an agreement dated the twenty-second day of September nineteen hundred and forty eight pursuant to the said Section and such agreement was duly confirmed by the Minister for Industry and Commerce.

AND WHEREAS by virtue of the Transport Act 1950 , the Board was established as a body corporate and the undertaking of the Company was transferred to and became vested in the Board on the first day of June nineteen hundred and fifty and the Board thence-forward stood in place of the Company in relation to the said agreement.

AND WHEREAS the said agreement was varied in manner set out in an agreement endorsed thereon dated the twelfth day of August Nineteen hundred and fifty seven and made between the Corporation the Cork Harbour Commissioners and the Board.

AND WHEREAS the increase in road traffic on the City streets along the route of the Cork City Railways has now made it difficult and hazardous to operate trains between Glanmire and Albert Quay Stations and the cessation of railway traffic would reduce the risk of street accidents and lessen the likelihood of blockages to road traffic

AND WHEREAS the Cork Corporation are desirous of improving road traffic conditions and of reducing the risk of accidents and to that effect desire the Board to permanently withdraw its trains from the City Streets

AND WHEREAS the parties hereto desire to terminate the said agreements and to make and enter into the new arrangement hereinafter set out in lieu of the arrangements evidenced by the said agreements but the parties hereto cannot so act without the authority of the Oireachtas and accordingly the parties hereto intend to seek legislation for the purpose aforesaid and the parties hereto accordingly enter into this agreement on the basis that it shall have no binding effect unless and until given statutory effect by an act of the Oireachtas.

NOW IT IS HEREBY AGREED as follows:—

1. The Board shall seek legislation authorising inter alia the Board to convert the bridges to fixed bridges and to vest in the Corporation all the right title and interest of the Board in the said bridges.

2. Within six months from the passing of such legislation, the Board will complete the work of converting the bridges to fixed bridges.

3. As from the passing of such legislation the Corporation and the Board shall, to the exclusion of the Cork Harbour Commissioners, share equally the cost of maintaining the bridges as defined in the above mentioned agreement dated the twenty second day of September nineteen hundred and forty eight until such time as the Board has complied with clause 7.

4. On completion of the said work, the Board within six months shall remove the machinery houses, actuating arms, and such other parts of the bridge superstructures as can safely be removed without lessening the structural strength of the bridges.

5. The Board will be solely responsible for the cost of doing the work set out in clause 4.

6. The Board will contribute to the Corporation a sum not exceeding £12,000 payable within 14 days of the completion of this Agreement towards the cost of doing such work to the deck of the lift spans as may be feasible to provide a more durable road surface for vehicular traffic.

7. The Board will remove the railway tracks from both bridges as soon as possible after the passing of the said legislation and in any event not later than one year from the date of such legislation.

8. When the Board shall have removed the track and equipment from the bridges and made the payment provided for by Clause 6, it will transfer to the Corporation Clontarf and Brian Boru bridges. The Corporation will accept ownership of the bridges and shall thereafter be exclusively responsible for the maintenance of the bridges and of the roadways over the bridges.

9. Where the conversion of the Bridges to fixed Bridges has the effect of curtailing or terminating a private right of any person (including in particular a right of navigation) the Corporation shall indemnify the Board and the Commissioners from payment of any claim for compensation in respect of such curtailment or termination, any such claim to be determined in accordance with the provisions of S.52 of the Local Government Act 1946 , as amended by S.40 of the Local Government Act 1955 .

IN WITNESS whereof the seals of the parties hereto have been affixed hereto the day and year first herein written.

PRESENT when the seal of THE LORD MAYOR ALDERMEN AND BURGESSES OF CORK was affixed hereto:—

PRESENT when the seal of CÓRAS IOMPAIR ÉIREANN was affixed hereto:—

DENIS LARKIN, Member of Board.

H. M. OLIVER, Authorised Officer

PRESENT when the seal of THE CORK HARBOUR COMMISSIONERS was affixed hereto:—

ACTS REFERRED TO