PART II.

Amendment of Part IV of the Principal Act.

5. — Section 24 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (2), and the said section shall be construed and have effect accordingly, that is to say:—

“(2) Every application for a transport works order shall be accompanied by a draft of the proposed order, a plan of the proposed transport works and book of reference to such plan, and such draft, plan and book of reference shall be in such form as the Minister may direct.”

6. —Sub-section (1) of section 25 of the Principal Act is hereby amended by the insertion at the end thereof of the following new paragraph, and the said section shall be construed and have effect accordingly, that is to say:·—

“(c) send to such persons (if any) as the Minister may direct a copy of such draft order, plan and book of reference.”

7. — Section 26 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (2), and the said section shall be construed and have effect accordingly, that is to say:—

“(2) The following provisions shall have effect in relation to all fees payable under this section, that is to say:—

(a) such fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance;

(b) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.”

8. — Section 28 of the Principal Act is hereby amended in the following respects, and shall be construed and have effect accordingly, that is to say:—

(a) by the insertion after the words “such consideration” of the words “and after consultation with the Minister for Local Government and Public Health,”; and

(b) by the substitution of the words “in such manner, subject to such restrictions and provisions and on such terms and conditions as the Minister thinks proper and specifies in such order” for the words “and such order shall have effect accordingly”.

9. —(1) The following provisions shall have effect in relation to a transport works order granted to the holder of a cement manufacture licence, that is to say:—

(a) such order shall contain such provisions as the Minister thinks necessary or expedient for the purpose of such order;

(b) without prejudice to the generality of paragraph (a) of this sub-section—

(i) such order may contain provisions authorising such holder to acquire compulsorily any land the acquisition of which is, in the opinion of the Minister, necessary for giving effect to such order,

(ii) such order may grant to such holder any rights in or over land or water, or in or over any public road the grant of which is, in the opinion of the Minister, necessary for giving effect to such order,

(iii) such order shall, in respect of any land so acquired or any right over land or water so granted, provide for the payment of compensation by such holder to the several persons having estates or interests in such land or water, and shall provide that any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919,

(iv) such order may incorporate all or any of the provisions of the Lands Clauses Acts, with such modifications and adaptations as the Minister thinks proper,

(v) such order shall specify the manner in which the transport works to which such order relates are to be constructed,

(vi) such order may contain provisions as to the manner in which such transport works are to be operated and maintained,

(vii) such order shall contain provisions limiting the use of such transport works to purposes relating to the business authorised by such cement manufacture licence and to such other purposes (if any) as may be specified in such order,

(viii) such order shall contain all such provisions as the Minister thinks proper for the protection of the public generally and any persons affected by such order,

(ix) such order may provide that where such holder acts in contravention (whether by commission or omission) of any specified provision of such order, such holder shall be guilty of an offence under such order and shall be liable on summary conviction thereof to such fine (not exceeding one hundred pounds) as may be specified in such order in respect of such offence and, in the case of a continuing offence, such further fine (not exceeding twenty pounds) as may be specified in such order in respect of such offence for each day during which such offence is continued after conviction thereof,

(x) such order may incorporate any provisions (including penal provisions) contained in any enactment relating to railways, with such adaptations and modifications as the Minister thinks proper,

(xi) such order may provide for the determination by arbitration of any specified questions arising thereunder,

(xii) such order may contain such provisions ancillary or incidental to any of the matters aforesaid as the Minister considers necessary and proper.

(2) The Minister may amend under section 30 of the Principal Act, any transport works order made before the passing of this Act by inserting in such transport works order any provision which could lawfully have been inserted therein if this section had been in force when such transport works order was made.

(3) Every order made under Part IV of the Principal Act or under the said Part IV as amended by this Act shall have the force of law.

(4) All expenses incurred by the Minister in the exercise of his powers and functions under a transport works order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the person to whom such order is granted.

10. —Where the Minister has (whether before or after the passing of this Act) made a transport works order authorising a person (in this section referred to as the authorised person) to construct, maintain and operate transport works of a particular kind, the following provisions shall have effect, that is to say:—

(a) the Minister may make regulations (not inconsistent with, such order) in relation to the manner in which such transport works are to be maintained and operated by the authorised person and by any other person operating such works on behalf of the authorised person;

(b) if the authorised person or such other person acts in contravention (by omission or commission) of such regulations, the authorised person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for each day during which the offence is continued after conviction thereof.

11. —Where the Minister has (whether before or after the passing of this Act) made a transport works order authorising a person (in this section referred to as the authorised person) to construct, maintain and operate transport works of a particular kind and has by such order authorised such transport works to be operated by electrical power, the following provisions shall have effect, that is to say:—

(a) the Minister may, after consultation with the Electricity Supply Board, make such regulations as he may think fit for securing that the electrical power shall be used by the authorised person and by any other person operating such works on behalf of the authorised person with all reasonable and proper precautions against danger to the public or damage to the property of any person;

(b) in making such regulations the Minister shall have regard to the expense occasioned thereby to the authorised person and to the effect thereof on the financial prospects of the authorised person;

(c) if the authorised person or any other person operating such transport works on behalf of the authorised person uses such electrical power in contravention of such regulations, the authorised person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, a further fine of five pounds for each day during which the offence is continued after conviction thereof;

(d) if in the opinion of the Minister the authorised or any person operating such transport works on behalf of the authorised person has used such electrical power in contravention of such regulations, whether the authorised person has or has not been convicted of an offence, or the Minister is satisfied that the use of such power is a danger to the public, he may by order require the authorised person to cease to exercise the powers conferred by such transport works order with respect to the use of electrical power and thereupon the authorised person shall cease to exercise such powers except with the consent of the Minister and subject to such terms and conditions as he thinks fit.