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Execution of works and period for completion.
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38.—(1) The Board may carry out the works in two stages of which the first stage shall be the execution of Works Nos. 1, 2 and 3 and the second stage shall be the execution of Works Nos. 4 and 5 in the last preceding section mentioned, save to such extent (if at all) as the Minister may sanction modified arrangements: Provided always that the Board may by resolution at any time in its discretion curtail or cut down such first stage in any manner that the Minister may sanction so as to confine such first stage to so much thereof or to such partial or reduced execution thereof as with the expense of matters incidental thereto shall be estimated to cost a sum specified in such resolution and not being less than £200,000 and may on the completion of such first stage as so curtailed or cut down proceed with the execution or partial or reduced execution of Works Nos. 4 and 5 or portion thereof without prejudice to the right at such time as it shall think fit within the period for completion of the works authorised by or under this Act to proceed in its discretion with all or part of any portion of Works Nos. 1, 2 and 3 remaining to be completed.
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(2) It shall be lawful for the Minister upon the application and at the expense of the Board (including in such expense the cost of any inquiry which the Minister may think proper to hold in reference to such application) by order to extend the period of ten years fixed by this Act for the completion of the works by the Board, so that the said period shall not be extended by any such order beyond a maximum period of twenty years from the date of the passing of this Act.
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(3) The Minister shall not make any such order unless he shall be satisfied that the Board was prevented from completing the works by some unforeseen accident or by circumstances (other than the want of sufficient funds) beyond the control of the Board.
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(4) Provided that an order made by the Minister in pursuance of the powers conferred by the foregoing provisions of this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution shall be passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
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(5) Subject to the provisions of this Act, if the works are not completed within ten years from the passing of this Act, or within such further period as the Minister may sanction, then on the expiration of such period of ten years or of such further period as extended by the Minister, the powers by this Act granted to the Board for the execution of the works or in relation to the execution thereof shall cease except as to so much thereof as is then completed, but nothing herein contained shall restrict the Board from maintaining, using, altering, replacing or removing any of the works at any time and from time to time as occasion requires.
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