Railways Act, 1924
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Additional and temporary members of tribunal. |
17.—(1) There shall be constituted two panels, that is to say:— | |
(a) a panel (hereinafter referred to as the “general panel”) consisting of twelve persons nominated by the Governor-General on the advice of the Executive Council, such advice being given as regards three such persons after consultation with the Minister and with a view to such three persons being representative of commercial and industrial interests, and as regards two other such persons after consultation with the Minister and with a view to such two persons being representatives of the interests of labour, and as regards two other such persons after consultation with the Minister and with a view to such two persons being representative of the interests of passengers upon railways, and as regards four other such persons after consultation with the Minister for Lands and Agriculture and with a view to such four persons being representative of agricultural interests, and as regards one other such person after consultation with the Minister for Fisheries and with a view to such person being representative of fishery interests; and | ||
(b) a panel (hereinafter referred to as the “railway and canal panel”) consisting of four persons nominated by the Governor-General on the advice of the Executive Council, such advice being given after consultation with the Minister and with a view to three of such persons being representative of the railway companies in Saorstát Eireann and the other of such persons being representative of the canal and inland navigation companies and authorities in Saorstát Eireann. | ||
(2) Each member of the panels shall be appointed for such term not exceeding three years from the date of his appointment as the Governor-General shall on the advice of the Executive Council determine at the time of the appointment and shall then retire, but a retiring member shall be eligible for re-appointment. | ||
(3) If a vacancy occur amongst the standing members of the railway tribunal, or if any standing member of the railway tribunal is incapacitated by prolonged illness or other unavoidable cause from attending meetings of the tribunal, then, for the purposes of Part III . of this Act only, pending the filling up of such vacancies or during such absence— | ||
(a) in the case of the chairman, the Governor-General on the advice of the Executive Council may appoint a person to act as temporary chairman in his place; and | ||
(b) in the case of either of the ordinary members, the Governor-General on the advice of the Executive Council may appoint a member of a panel to act in his place, the person so appointed being selected from the general panel or the railway and canal panel according to the qualification of the ordinary member in question. | ||
(4) Whenever for the purposes of any particular case or proceeding brought under Part III . of this Act the railway tribunal either upon application by any of the parties or otherwise so request, or the Minister thinks it expedient, there shall be added to the railway tribunal two additional members nominated by the Governor-General on the advice of the Executive Council from the panel, one such additional member being selected from the general panel and the other from the railway and canal panel. | ||
In selecting a member from either panel, regard shall be had to the particular class of case or proceeding to be heard, so that, as nearly as may be, the person so selected shall be conversant with and have knowledge of the technical matter that may arise in such particular case or proceeding. | ||
(5) Every person appointed under this section to be temporary chairman or temporary member of the railway tribunal shall, while he holds that office, be paid such remuneration as the Minister for Finance shall determine and shall have and exercise all the powers and functions of the chairman or an ordinary member (as the case may be) of the railway tribunal. | ||
(6) Any person appointed under this section to be an additional member of the railway tribunal shall, for the purposes of any proceedings in respect of which he may be so appointed, be a member of the railway tribunal and shall, subject to the provisions of this Part of this Act, and to the general rules made thereunder, have and exercise all the powers and functions of a member of the railway tribunal. |