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21 1944

TRANSPORT ACT, 1944

Chapter VI.

Canal Charges.

Definitions for purposes of Chapter IV of Part IV .

94. —In this Chapter—

the word “canal” means—

(a) in relation to the Grand Canal Company, the Grand Canal,

(b) in relation to the Company, the Royal Canal,

(c) in relation to the Commissioners, the River Shannon Navigation excluding so much of the River Shannon as lies between Baal's (or Ball's) Bridge on the Abbey River in the City of Limerick and the sea;

the expression “canal undertaker”means any body being—

(a) the Grand Canal Company,

(b) the Company, or

(c) the Commissioners of Public Works in Ireland acting for the Minister;

the expression “the Commissioners” means the Commissioners of Public Works in Ireland;

the expression “the revised canal classification of merchandise” means, in relation to a canal undertaker, the classification of merchandise applicable to that undertaker, as determined by the Minister under section 96 of this Chapter;

the expression “revised schedule of maximum canal charges” means, in relation to a canal undertaker, the schedule of charges of that undertaker as settled by the Minister under section 97 of this Chapter.

Maximum canal charges.

95. —(1) On and after the establishment date the maximum charges which any canal undertaker shall be entitled to charge in respect of the canal of that undertaker shall, subject to any alteration made by the Minister under this Chapter, be—

(a) in the case of the Grand Canal Company, the charges set out in Part I of the Tenth Schedule to this Act,

(b) in the case of the Company, the charges set out in Part II of the said Tenth Schedule ,

(c) in the case of the Commissioners, the charges set out in Part III of the said Tenth Schedule .

(2) Subsection (1) of this section shall, as respects any particular canal undertaker, cease to be in force as on and from the date on which the revised schedule of maximum canal charges of that undertaker comes into operation.

Revised canal classification of merchandise applicable to a canal undertaker.

96. —(1) A canal undertaker may and, if required by the Minister shall, within such time as the Minister may appoint, submit to the Minister a proposal for the revised classification of merchandise for the purposes of the application to such merchandise of rates of charges to be made by that canal undertaker in respect of the carriage of merchandise by the canal of that canal undertaker, and thereupon the following provisions shall have effect—

(a) that canal undertaker shall publish the said proposal in such manner as the Minister may direct;

(b) the Minister, if he thinks fit, may refer the said proposal to the Advisory Committee for their report and advice thereon;

(c) the Minister, after consideration of the said proposal, any representations made by interested persons and, in case the said proposal has been referred to the Advisory Committee their report and advice, shall determine the classification of merchandise applicable to that undertaker for the said purpose.

(2) The revised classification of merchandise applicable to a canal undertaker shall not come into operation until the revised schedule of maximum canal charges of that canal undertaker has come into operation.

Revised schedule of maximum canal charges of a canal undertaker.

97. —(1) At any time after the revised canal classification of merchandise applicable to a canal undertaker has been settled by the Minister, that canal undertaker may and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister a revised schedule, drawn up in such manner as the Minister may direct, of the maximum rates, tolls and charges proposed to be made by that canal undertaker and thereupon the following provisions shall have effect—

(a) that canal undertaker shall publish the said schedule in such manner as the Minister may direct;

(b) the Minister, if he thinks fit, may refer the said schedule to the Advisory Committee for their report and advice thereon;

(c) the Minister, after consideration of the said schedule, any representations made by interested persons and, in case the said schedule has been referred to the Advisory Committee, their report and advice, shall settle the said schedule and fix the date on which it is to come into force.

(2) As on and from the date on which the revised schedule of maximum canal charges applicable to a canal undertaker comes into operation, the charges appearing therein shall, subject to any alterations made by the Minister under this Chapter, be the maximum charges which that canal undertaker shall be entitled to make for all services in respect of which the said charges are fixed.

Alteration of canal classification of merchandise applicable to a canal undertaker.

98. —(1) Where an application, in the prescribed form and containing the prescribed particulars, is made, by any canal undertaker or by any body of traders using the canal of that canal undertaker, to the Minister for an order altering the canal classification of merchandise for the time being applicable to that canal undertaker, the Minister, if he thinks fit, may subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said classification as he thinks fit.

(2) In this section the word “altering” in relation to the canal classification of merchandise for the time being applicable to a canal undertaker includes altering the classification of any article and classifying any article not for the time being classified, and the word “alterations” shall be construed accordingly.

Alteration of maximum canal charges.

99. —Where an application, in the prescribed form and containing the prescribed particulars, is made, by any canal undertaker or body of traders using the canal of that canal undertaker, to the Minister for an order altering the maximum charges for the time being chargeable by that canal undertaker in respect of the canal of that undertaker on the ground that having regard to cost of labour or materials or other circumstances affecting the said undertaking the charges charged by the undertaker are insufficient or excessive, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the maximum charges as he thinks fit and shall fix the date on which the amended maximum charges are to come into operation.

Charges for fractions of a penny.

100. —If any charge made by a canal undertaker in respect of the canal of that undertaker includes a fraction of a penny, the fraction if less than one half-penny shall not be charged or, if it amounts to one half-penny or more, it may be charged as one penny.

Repeal of existing provisions in relation to charges by canal undertakers.

101. —As from the establishment date all statutory provisions in force immediately before the establishment date with respect to the fixing or alteration of charges chargeable by a canal undertaker in respect of the canal of that undertaker shall be repealed.