Railways (Ireland) Act 1896

JurisdictionUK Non-devolved
Citation1896 c. 34
Year1896


Railways (Ireland) Act, 1896

(59 & 60 Vict.) CHAPTER 34.

An Act to facilitate the Construction of Railways and the Establishment of other means of Communication in Ireland, and for other purposes incidental thereto.

[14th August 1896]

B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows; that is to say:—

S-1 Advance by Treasury.

1 Advance by Treasury.

(1)1.—(1.) Where it is certified to the Treasury by the Lord Lieutenant that the making of a railway under this Act is necessary for the development of the resources of any district, but that owing to the exceptional circumstances of the district the railway could not be constructed without special assistance from the State, and the Treasury are satisfied that a railway company existing at the time will, if an advance is made by the Treasury under this section, construct, work, and maintain the railway, or work and maintain the railway when constructed, the Treasury may make such agreement with the railway company as is authorised by sub-section one of section four of the Light Railways (Ireland) Act, 1889 , and may, subject to the limitation of this Act as to the amount to be expended for the purposes of advances, agree that the railway be aided out of public money by an advance under this section.

Provided that—

(a ) the Treasury shall not make any such advance unless they are satisfied that landowners, local authorities, and other persons locally interested have, by the free grant of land or otherwise, given all reasonable assistance and facilities in their power for the construction of the railway; and

(b ) save in the case of a railway which will be situated wholly or mainly within a congested districts county, as defined by the Purchase of Land (Ireland) Act, 1891 , an advance shall not exceed one half of the total amount required for the construction of the railway.

(2) (2.) An advance under this section may be a free grant or a loan, or partly a free grant and partly a loan.

(3) (3.) Any loan for an advance under this section shall be made on such conditions and at such rate of interest as the Treasury direct.

(4) (4.) The Board of Works may examine any surveys, maps, plans, and estimates for the construction of the railway submitted to them, and if they consider that those submitted cannot be made satisfactory, or if any alterations which they may suggest therein are not accepted, the Board of Works, if authorised by the Treasury, may themselves make or procure the same.

(5) (5.) In the case of a railway which will be situated wholly or mainly within such congested districts county as aforesaid, if the railway company do not agree to construct the railway, the Board of Works may, with the sanction of the Treasury, construct or contract for the construction of the railway.

(6) (6.) For the purposes of this section the Board of Works shall have all the powers conferred by the Lands Clauses Acts on the promoters of an undertaking.

(7) (7.) All costs and expenses necessarily incurred by any Government department or officer under this Act shall be paid out of the money provided by this Act.

S-2 Order in Council confirming agreement.

2 Order in Council confirming agreement.

2. Where such agreement as aforesaid has been made by the Treasury with a railway company section five of the Light Railways (Ireland) Act, 1889, shall apply with the following modifications:—

a .) The Order in Council mentioned in the said section five may authorise the construction or reconstruction and maintenance as part of the rail way of any pier, quay, or jetty, and may empower the railway company or the Board of Works to enter into all contracts and agreements necessary for carrying the Order into effect
b .) The Order shall set forth the tolls and charges for passengers animals and things conveyed on the railway
c .) When the Treasury have agreed to make an advance as a free grant, the Order may make provision as regards any district that during a period not exceeding ten years, to be fixed by the Order, so much of the railway as is in that district shall not be assessed to any local rate at a higher value than that at which the land occupied by the railway would have been assessed if it had remained in the condition in which it was immediately before it was acquired for the purposes of the railway. The Order may authorise the Lord Lieutenant to extend any such period:
d .) The Order may upon the application of the Treasury be altered or added to by an amending Order made in like manner and subject to the like provisions as the original Order.
S-3 Certain provisions of Tramways \(Ireland) Acts not to apply to projected railway.

3 Certain provisions of Tramways \(Ireland) Acts not to apply to projected railway.

(1)3.—(1.) Where an agreement under this Act has been entered into, the following provisions of the principal Acts shall not apply to the projected railway; (that is to say,)—

The provisions relating to the procedure for obtaining the approval of the undertaking by any grand jury, municipal corporation, town, or other...

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