No. 388/1934:

THE GREAT SOUTHERN RAILWAYS (TRALEE—FENIT), TERMINATION OF RAILWAY SERVICES ORDER, 1934.

THE GREAT SOUTHERN RAILWAYS (TRALEE—FENIT), TERMINATION OF RAILWAY SERVICES ORDER, 1934.

THE GREAT SOUTHERN RAILWAYS (TRALEE—FENIT), TERMINATION OF RAILWAY SERVICES ORDER, 1934, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 22ND DAY OF DECEMBER, 1934, PURSUANT TO SECTION 9 of THE RAILWAYS ACT, 1933 .

WHEREAS it is enacted by sub-section (2) of Section 9 of the Railways Act, 1933 , that subject to the provisions of the said section, the Minister for Industry and Commerce may by order made on the application of a railway company either—

(a) authorise such railway company, notwithstanding any statutory, contractual, or other obligation to the contrary, to terminate wholly a service of trains run at the date of such application over any specified railway line or section of railway line owned or operated by such company ; or

(b) authorise such railway company, notwithstanding any statutory, contractual, or other obligation to the contrary, to reduce in such manner and to such extent as shall be specified in such order a service of trains run at the date of such application, by such railway company over any specified railway line or section of railway line owned or operated by such company :

AND WHEREAS it is enacted by sub-section (3) of Section 9 of the said Act that such Minister shall not make an order under the said section unless he is satisfied that the railway company on whose application such order is made has lawful authority by statute, order, licence or otherwise to carry on a road transport service affording to the public transport facilities constituting (for the purposes of the traffic carried by the railway services authorised by such order to be discontinued) an adequate substitute for those services and that such railway company has given sufficient public notice of the establishment or intention to establish such road transport service :

AND WHEREAS the Great Southern Railways Company has made application dated the 20th October, 1934, to the Minister for Industry and Commerce for an order under Section 9 of the said Act authorising the Company to terminate the service of trains run for the conveyance of passengers on the 20th October, 1934, over the section of railway line between Tralee and Fenit owned or operated by the said company :

AND WHEREAS the Minister for Industry and Commerce is satisfied that the Great Southern Railways Company has lawful authority by statute, order, licence or otherwise to carry on a road transport service affording to the public transport facilities constituting (for the purposes of the traffic carried by the railway services authorised by this order to be discontinued) an adequate substitute for those services, and that the said company has given sufficient public notice of the establishment or intention to establish such road transport service :

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by Section 9 of the Railways Act, 1933 , and of every and any other power him in this behalf enabling, hereby orders :—

1. The Great Southern Railways Company is hereby authorised, notwithstanding any statutory, contractual, or other obligation to the contrary, to terminate the service of trains run for the conveyance of passengers on the 20th October, 1934, over the section of railway line between Tralee and Fenit owned or operated by the said Company.

2. This Order may be cited for all purposes as the Great Southern Railways (Tralee—Fenit) Termination of Railway Services Order 1934.

By Order of the Minister for Industry and Commerce.

Dated this 22nd day of December, 1934.

JOHN LEYDON, Secretary,

Department of Industry and Commerce: