No. 27/1987:

TRANSPORT ACT, 1987

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Discharge of Board's liability to repay certain advances and to pay interest.

3. Borrowing Powers.

4. State guarantee of borrowings by Board.

5. Amendment of section 21 (7) of Transport Act, 1950.

6. Amendment of section 22 (4) of Transport Act, 1950.

7. Amendment of section 59 (1) of Transport Act, 1950.

8. Amendment of section 25 (1) of Transport (Miscellaneous Provisions) Act, 1971.

9. Amendment of section 22 of Regulation of Railways Act, 1868.

10. Amendment of section 5 of Regulation of Railways Act, 1889.

11. Power of arrest.

12. Expenses.

13. Short title.

ACTS REFERRED TO

Number 27 of 1987

No. 27/1987: TRANSPORT ACT, 1987

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT.

[22nd December, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.— (1) In this Act, unless the context otherwise requires—

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

"the Act of 1964" means the Transport Act, 1964 ;

"the Act of 1971" means the Transport (Miscellaneous Provisions) Act, 1971 ;

"the Board" means Córas Iompair Éireann;

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

(2) A reference in this Act to any enactment shall he construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

2.— (1) Advances totalling £44,458,691 made to the Board by the Minister for Finance under section 4 (1) of the Act of 1964 shall, notwithstanding any determination under section 4 (2) of that Act by the Minister for Finance of terms requiring the repayment of such advances, not be repayable by the Board.

(2) Notwithstanding any terms as to the payment of interest determined by the Minister for Finance under section 4 (2) of the Act of 1964, no interest shall be payable by the Board in respect of the advances referred to in subsection (1) of this section for any period after the commencement of this Act.

3.— (1) The Board may, with the previous consent of the Minister, given with the approval of the Minister for Finance, borrow such moneys, including moneys in a currency other than the currency of the State, as it may require, for meeting its obligations and carrying out its duties.

(2) The Board shall exercise the powers conferred on it by this section so that the amount or amounts of principal which the Board may at any particular time be liable to repay on foot of any liability or liabilities incurred under this section does not or do not in their aggregate exceed £45,000,000.

(3) In relation to the aggregate at any one time of the amount or amounts of principal specified in subsection (2) of this section, borrowings in a currency other than the currency of the State shall be calculated as the equivalent in the currency of the State by reference to the exchange rate prevailing at the time of the borrowing.

4.—(1) The Minister for Finance may guarantee, in such form and manner and on such terms and conditions as he thinks fit, the due repayment by the Board of the principal of any moneys (including moneys in a currency other than the currency of the State) borrowed by the Board, other than from the Minister for Finance, under section 3 of this Act or the payment of interest on such moneys or both the repayment of the principal and the payment of the interest and any such guarantee may include a guarantee of payment of incidental expenses arising in connection with such borrowings.

(2) The Minister for Finance shall not so exercise the powers conferred on him by this section that the amount, or the aggregate amount, of principal which he may at any one time be liable to pay on foot of any guarantee or guarantees under this section for the time being in force, together with the amount of principal (if any) which he has previously paid on foot of any guarantee under this section and which has not been repaid by the Board, exceeds £45,000,000.

(3) For the purpose of calculating the amount of principal guaranteed by the Minister for Finance under this section by reference to the limit on principal in subsection (2) of this section, the equivalent in the currency of the State of principal in a foreign currency shall be calculated at the exchange rate prevailing at the time of the giving of the guarantee.

(4) The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at the commencement of that year—

( a ) particulars of the guarantee,

( b ) in case any payment has been made by the Minister under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to the Minister on foot of the payment,

( c ) the amount of principal covered by the guarantee which was outstanding at the end of that year.

(5) All moneys from time to time required by the Minister for Finance to meet sums which may become payable by him under this section shall be advanced out of the Central Fund or the growing produce thereof.

(6) The Minister for Finance may, for the purpose of providing for the advance of sums out of the Central Fund under this section, borrow on the security of the Central Fund or the growing produce thereof any sums required for that purpose and, for the purpose of such borrowing, he may create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit, and shall pay all moneys so borrowed into the Exchequer.

(7) The principal of and interest on all securities issued under subsection (6) of this section and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof.

(8) Moneys paid by the Minister for Finance under a guarantee under this section shall be repaid to him (with interest thereon at such rate or rates as he appoints) by the Board within two years from the date of the advance of the moneys out of the Central Fund.

(9) Where the whole or any part of moneys required by subsection (8) of this section to be repaid to the Minister for Finance has not been paid in accordance with that subsection, the amount so remaining outstanding shall he repaid to the Central Fund out of moneys provided by the Oireachtas.

(10) Notwithstanding the provision of moneys under subsection (9) of this section to repay the amount to the Central Fund, the Board shall remain liable to the Minister for Finance in respect of that amount and that amount (with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to the said Minister by the Board at such times and in such instalments as he appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(11) Moneys paid by the Board under subsection (8) or (10) of this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance thinks fit.

(12) In relation to guarantees given by the Minister for Finance under this section in money in a currency other than the currency of the State—

(i) each of the references to principal, each of the references to interest and the reference to incidental expenses in subsection (1) of this section shall he taken as referring to the equivalent in currency of the State of the actual principal, the actual interest and the actual incidental expenses, respectively, such equivalent being calculated according to the cost in currency of the State of the actual principal, the actual interest or the actual incidental expenses, as may be appropriate, at the time the calculation is made,

(ii) the reference to principal in subsection (4) of this section shall be taken as referring to the equivalent in the currency of the State of the actual principal, such equivalent being calculated according to the rate of exchange for the time being for that currency and the currency of the State at the time the calculation is made, and

(iii) each of the references to moneys in subsection (5) and subsections (8) to (10) of this section shall be taken as referring to the cost in currency of the State of the actual moneys.

5.—Section 21 (7) of the Act of 1950 is hereby amended by the insertion after "auction" of "or tender".

6.—Section 22 (4) of the Act of 1950 is hereby amended by the substitution of "£400, or at the discretion of the court, to imprisonment for a term not exceeding 3 months, or to both the fine and the imprisonment" for "ten pounds".

7.—Section 59 (1) of the Act of 1950 is hereby amended by the substitution of "£500, or at the discretion of the court, to imprisonment for a term not exceeding 6 months, or to both the fine and the imprisonment" for "two pounds".

8.—Section 25 (1) of the Act of 1971 is hereby amended by the substitution of "£500, or at the discretion of the court, to imprisonment for a term not exceeding 6 months, or to both the fine and the imprisonment" for "£25".

9.—Section 22 of the Regulation of Railways Act, 1868, is hereby amended by—

( a ) the deletion of the words "and travels more than twenty miles without stopping,",

( b ) the substitution of "£500" for "ten pounds", and

( c ) the substitution of "£500, or at the discretion of the court, to imprisonment for a term not exceeding 3 months, or to both the fine and the imprisonment" for "twenty-five pounds" (substituted by the Act of 1971).

10.—Section 5 of the Regulation of Railways Act, 1889 is hereby amended by—

( a ) the substitution in subsection (1) of "£400, or at the discretion of the court, to imprisonment for a term not exceeding 3 months, or to both the fine and the imprisonment" for "forty shillings", and

( b ) the substitution in subsection (3) of "to a fine not exceeding £400, or at the discretion of the court, to imprisonment for a term not exceeding 3 months, or to both the fine and the imprisonment" for the words from "to a fine not exceeding forty shillings," to the end of the subsection.

11.—A member of the Garda Síochána may arrest a person without warrant where the member has reasonable cause for believing that such person is committing or has committed an offence under—

( a ) section 59 (1) of the Act of 1950,

( b ) section 25 (1) of the Act of 1971,

( c ) section 34 of the Offences against the Person Act, 1861, or

( d ) section 22 of the Regulation of Railways Act, 1868 (insofar as it relates to offences by passengers).

12.—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.

13.—This Act may be cited as the Transport Act, 1987 .