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8 1933



Provisions in Relation to the Railway Tribunal and Applications to the Railway Tribunal by Certain Public Bodies.

Application of certain sections of the Railways Act, 1924 .

46. —(1) References in section 17 of the Railways Act, 1924 (No. 29 of 1924), as amended by the Railways (Amendment) Act, 1929 (No. 23 of 1929) and the Railways (Miscellaneous) Act, 1932 (No. 3 of 1932), to Part III of the said Railways Act, 1924 , shall be construed as including references to Part III of this present Act and the said section shall have effect accordingly.

(2) The expression “this Act” whenever it occurs in sub-sections (1) and (2) of section 18 of the said Railways Act, 1924 , shall be construed as meaning that Act or this present Act and the said sub-sections shall have effect accordingly.

Procedure and fees.

47. —(1) The railway tribunal may, with the approval of the Minister and the Chief Justice, make general rules governing their procedure and practice and generally for carrying into effect their powers and duties under this Act, and such rules may, amongst other things, provide for—

(a) the awarding of costs by the tribunal;

(b) the reference of any question to a member or officer of the tribunal, or any other person appointed by them, for report after holding an inquiry locally;

(c) enabling the tribunal to dispose of any proceedings before them, notwithstanding that in the course of the proceedings there has been a change in the persons sitting as members of the tribunal;

(d) the right of audience before the tribunal, provided that any party shall be entitled to be heard in person, or by a representative in the regular employment of the party duly authorised in writing, or by counsel or solicitor;

(e) the number of members of the tribunal who shall form a quorum for the hearing of different classes of cases;

(f) any matter or thing referred to in Part III of this Act as appointed.

(2) There shall be charged by the railway tribunal and paid in respect of proceedings before them under this Act and in respect of acts done by them or any of their officers in the execution of their respective powers and duties under this Act such fees as shall be fixed by orders made by the Minister on the recommendation of the railway tribunal and with the sanction of the Minister for Finance.

(3) The Minister shall give to the railway tribunal such assistance as the tribunal may require, and shall place at the disposal of the tribunal any information in his possession which he may think relevant to the matter before the tribunal, and the Minister or any officer of the Minister authorised by him shall be entitled to appear and be heard in any proceedings before the tribunal.

(4) The railway tribunal shall annually make a report to the Minister of their proceedings under this Act, and the Minister shall lay such report before each House of the Oireachtas.


48. —(1) No appeal shall lie from any decision of the railway tribunal under this Act on a question of fact or any question regarding the locus standi of any person appearing or claiming to be heard before them.

(2) Subject to the immediately preceding sub-section, an appeal shall lie from every decision of the railway tribunal under this Act to the Supreme Court, but no such appeal shall be brought except in conformity with rules of court of the Supreme Court.

(3) On the hearing of an appeal from the railway tribunal under this section the Supreme Court may draw all such inferences as are not inconsistent with the facts expressly found by the railway tribunal, and are necessary for determining the questions raised on the appeal, and shall have all such powers for that purpose as if the appeal were an appeal from a judgment of the High Court, and may make any order which the railway tribunal could have made, and also any such further or other order as may be just, and the costs of and incidental to an appeal shall be in the discretion of the Supreme Court, but neither the railway tribunal nor any member or officer thereof shall be liable to any costs by reason or in respect of any appeal.

Provision for applications by public authorities etc., in certain cases.

49. —(1) Where under this Act an application to the railway tribunal may be made by a representative body of traders or by a body of persons representative of a trade or a locality, the application may be made by any of the following authorities or bodies:—

(a) any harbour board, or the council of any county or borough or district; or

(b) any chamber of commerce or association representative of shipping, agriculture, traders, freighters or transport undertakers which may obtain a certificate from the Minister that it is a proper body to make such an application.

(2) Subject as in this section provided, no company, body, or person, not directly interested in the subject-matter of any application shall be entitled to make such application.

(3) Any authority or body as aforesaid may appear in opposition to any application or submission in any case where such authority, or the persons represented by them, appear to the Minister to be likely to be affected by the decision on any such application or submission.

(4) The Minister may, if he thinks fit, require as a condition of giving a certificate under this section that security be given, in such manner and to such amount as he thinks necessary, for costs which may be incurred.

(5) Any certificate granted under this section shall, unless withdrawn, be in force for twelve months from the date on which it was given.

(6) Any expenses incurred by any such authority in or incidental to any such application or opposition shall be defrayed out of the rate or fund out of which the expenses of the authority in the execution of their ordinary duties are defrayed.