Transport Act, 1966
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Determination of certain disputes, differences and appeals by Circuit Court. |
5.—(1) Subject to subsection (2) of this section, a dispute, difference or appeal which may be referred or made to the standing arbitrator appointed for the purposes of the Third Schedule to the Act of 1924, section 43 of the Act of 1944 or section 41 or 42 of the Act of 1950 shall, in lieu of being referred or made to such arbitrator, if a party thereto entitled under those provisions to refer or make it to such arbitrator applies to the Circuit Court by motion on notice served on the other party thereto not less than twenty-one days before the day upon which the application is intended to be made, be heard and decided by that Court and, subject to the provisions of this section, the provisions aforesaid shall, as respects any such application, be construed and have effect accordingly. | |
(2) Where in respect of a dispute, difference or appeal referred or made to the standing arbitrator aforesaid under any of the provisions aforesaid before the passing of this Act a decision was not given before such passing and is not given during the period of three months immediately after such passing, the dispute difference or appeal shall, in lieu of being decided by the arbitrator, if a party thereto applies after the expiration of such period to the Circuit Court by motion on notice served on the other party thereto and on the said arbitrator not less than twenty-one days before the day upon which the application is intended to be made, be heard and decided by that Court and, subject to the provisions of this section, the provisions aforesaid shall, as respects any such application, be construed and have effect accordingly. | ||
(3) An application to the Circuit Court under this section shall, at the election of the person making the application, be made to a judge of the Dublin Circuit or to the judge of the circuit where such person resides or has his principal place of business. | ||
(4) Notwithstanding anything contained in the said Third Schedule, the said section 43 or the said section 41 or 42, an appeal to the High Court (whose decision shall be final) on a question of law may be brought from a decision of the Circuit Court under this section, but an appeal from such a decision on a question of fact may not be brought. | ||
(5) Section 8 of the Railways (Existing Officers and Servants) Act, 1926 , section 43 (6) to (10) of the Act of 1944 and section 43 of the Act of 1950 shall not apply or have effect in relation to disputes, differences or appeals falling to be heard and decided by the Circuit Court under this section. | ||
(6) In this section— | ||
“the Act of 1924” means the Railways Act, 1924 ; | ||
“the Act of 1944” means the Transport Act, 1944 . |