PART III.

Engagement of Certain Companies in Road Transport.

26. —In this Part of this Act—

the word “company” includes a joint committee of two or more companies; the expression “special statute” means a local or personal Act of the United Kingdom Parliament or a private Act of the Oireachtas;

the expression “statutory order” means an order made under the authority of a statute, whether such order was or was not confirmed by statute.

27. —This Part of this Act applies to every company which, at the passing of this Act, carries on in Saorstát Eireann under a royal charter, statute, special statute, or statutory order the business of carrying for reward (otherwise than by road transport or by sea) passengers and merchandise or either of them, whether such company does or does not also carry on the business of road transport or of carriage by sea or any other business.

28. —(1) Every company to which this Part of this Act applies may, subject to the provisions of this section, do all or any of the following things, that is to say:—

(a) engage in or carry on the business of road transport (as construed in relation to such company in accordance with this section) in all or any of its branches in any part of Saorstát Eireann but, in the case of passenger road services, subject to the provisions of this Act;

(b) purchase the whole or any part of or any share or interest in any road transport business carried on by any other person (including any business carried on by such person which is ancillary or incidental to such road transport business) and the property and assets used in or in connection with such service or business;

(c) purchase, hold, transfer, and sell shares in any company carrying on the business of road transport;

(d) lend money to any person carrying on the business of road transport and take security by mortage or otherwise for the repayment of such money;

(e) construct, repair, and maintain for itself or any other person vehicles, machinery, plant, and material for use in or for the purpose of road transport;

(f) enter into contracts in relation to road transport whether carried on by such company or by another person;

(g) use its moneys and funds for the purpose of doing any thing which it is authorised by this section to do and in particular to use for that purpose any money in its hands at the passing of this Act and also any moneys raised under statutory power before the passing of this Act and not required for the purpose for which such moneys were so raised;

(h) anything ancillary or incidental to anything authorised by the foregoing paragraphs of this sub-section.

(2) For the purposes of the foregoing sub-section of this section, the expression “road transport” shall—

(a) in relation to companies to which this Part of this Act applies but which do not at the passing of this Act carry merchandise for reward, be construed as not including the carriage of merchandise, and

(b) in relation to companies to which this Part of this Act applies but which do not at the passing of this Act carry passengers for reward, be construed as not including the carriage of passengers,

and accordingly nothing in this section shall operate to authorise the carriage of merchandise by a company which does not carry merchandise for reward at the passing of this Act or the carriage of passengers by a company which does not carry passengers for reward at the passing of this Act.

29. —Any company to which this Part of this Act applies may, with the consent of the Minister, raise by borrowing or by the creation or issue of new stock as additional capital or otherwise any money required by it for the purpose of doing anything which it is authorised by this Act to do.

30. —(1) Section 2 of the Conveyance of Mails Act, 1893, shall apply to every passenger road service carried on by a company to which this Part of this Act applies as if such company were a tramway company and such passenger road service were a tramway.

(2) For the purpose of the application under this section of the said section 2 of the Conveyance of Mails Act, 1893, to passenger road services, but for no other purpose, the said section 2 shall have effect with and subject to the following modifications, that is to say:—

(a) the expression “tramway company” shall include any company to which this Part of this Act applies;

(b) the word “tramway” shall include a passenger road service;

(c) the word “carriage” shall include a mechanically propelled vehicle;

(d) the reference in sub-section (2) of the said section 2 to the Railway and Canal Commission shall be construed as a reference to the Railway Tribunal.