| |
Chapter II.
Provisions Enabling Certain Other Transport Undertakings to be Transferred to the Board.
|
|
|
Arrangements for voluntary acquisition and operation of transport undertakings.
|
26.—(1) Subject to the provisions of this section, the Board and any person (in this section referred to as the transferor) carrying on any transport undertaking wholly or partly within the State or providing transport facilities outside the State in connection with transport facilities within the State may, with the approval of the Minister and notwithstanding anything to the contrary contained in any enactment, deed or instrument, enter into an arrangement providing for the acquisition or operation or the acquisition and operation by the Board on such terms as may be agreed upon of the whole of the undertaking of the transferor or such part of that undertaking as may be specified in the arrangement.
|
|
| |
(2) An arrangement under subsection (1) of this section shall not come into operation unless and until it has been confirmed by resolution of each House of the Oireachtas, but shall as from the date of the passing of the later of such resolutions have statutory effect, and as from that date the Board and the transferor shall have all such powers as may be necessary for carrying the arrangement into effect.
|
|
| |
(3) An arrangement under subsection (1) of this section may, without prejudice to anything contained in subsection (1) or (2) of this section—
|
|
| |
(a) provide for the payment by the Board of such consideration (whether in cash or otherwise) in respect of the vesting in the Board of the whole or such part of the undertaking as may be specified in the arrangement and may for the purposes of such vesting or of the payment or distribution of such consideration or otherwise for the purposes of giving effect to the arrangement, apply to the transferor and to the undertaking of the transferor with such modifications and exceptions as may be specified in the arrangement, any of the provisions of this Act relating to or affecting either dissolved undertaker or the Board or the undertaking of that dissolved undertaker or of the Board,
|
|
| |
(b) include provisions transferring and, where part only of an undertaking is to be acquired or operated by the Board, apportioning or severing rights, powers, liabilities, obligations and duties,
|
|
| |
(c) adapt, modify or repeal any statutory provision, contract, deed or other instrument whatsoever relating to any relevant part of the undertaking of the transferor,
|
|
| |
(d) make any incidental, supplemental or transitional provision in connection with the arrangement.
|
|
| |
(4) An arrangement under subsection (1) of this section, if and in so far as it affects any rights of the Minister for Posts and Telegraphs, shall be made with the consent of that Minister.
|
|
| |
(5) An arrangement under subsection (1) of this section may be supplemented or modified by a supplemental arrangement made and confirmed in like manner as the original arrangement.
|
