Electricity (Supply) (Amendment) Act, 1930

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Number 19 of 1930.

ELECTRICITY (SUPPLY) (AMENDMENT) ACT, 1930.

ARRANGEMENT OF SECTIONS

Number 19 of 1930.

ELECTRICITY (SUPPLY) (AMENDMENT) ACT, 1930.

AN ACT TO AUTHORISE (WITH RETROSPECTIVE EFFECT) THE EXECUTION OF WORKS IN LIEU OF PAYMENT OF COMPENSATION UNDER THE SHANNON ELECTRICITY ACT, 1925 , TO AMEND IN CERTAIN MINOR RESPECTS THE FINANCIAL PROVISIONS OF THE ELECTRICITY (SUPPLY) ACT, 1927 , TO MAKE SPECIAL PROVISION IN RELATION TO THE ASSESSMENT OF RATES ON PREMISES IN THE OCCUPATION OF THE ELECTRICITY SUPPLY BOARD AND ON RENTS ISSUING OUT OF SUCH PREMISES AND IN RELATION TO THE LIABILITY FOR AND EXEMPTION FROM SUCH ASSESSMENT, TO PROVIDE FOR THE PAYMENT OF COMPENSATION FOR LOSS OF EMPLOYMENT TO CERTAIN CLASSES OF EMPLOYEES OF THE ELECTRICITY SUPPLY BOARD AND TO CERTAIN CLASSES OF EMPLOYEES OF AUTHORISED AND OTHER UNDERTAKERS, AND TO MAKE PROVISION FOR OTHER MATTERS ARISING OUT OF OR CONNECTED WITH THE MATTERS AFORESAID. [3rd July, 1930.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—In this Act the expression “the Principal Act” means the Electricity (Supply) Act, 1927 (No. 27 of 1927), and the expression “the Act of 1929” means the Electricity (Finance) Act, 1929 (No. 26 of 1929).

Construction of the Principal Act and this Act.

2.—The Principal Act and this Act shall be read and construed as one Act, and accordingly expressions and words used in this Act which are also used in the Principal Act have the same meanings in this Act as they respectively have in the Principal Act, save that in this Act the expression “local authority” includes any body of persons having power under an Act of the Parliament of Ireland or any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas to assess and levy a rate on land or on persons in respect of their occupation of land.

Execution of works in lieu of compensation.

3.—(1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done by the Minister under the Shannon Electricity Act, 1925 (No. 26 of 1925), the Minister may execute for the benefit of such person such works as the Minister thinks proper, and such person agrees to accept in satisfaction or partial satisfaction of his claim for such compensation.

(2) The Minister may attach to the execution of any works under this section such terms and conditions (including terms as to the ownership, possession, and control of the works) as may be agreed upon by him and the person for whose benefit the works are so executed.

(3) For the purposes of the Shannon Electrcitiy Act, 1925 , the execution of works under this section shall be deemed to be one of the things which the Minister is authorised by sub-section (1) of section 3 of that Act to do and that Act shall apply accordingly.

(4) Moneys expended on the execution of works under this section shall be included in the sums referred to in section 15 of the Principal Act as ‘the said advances,’ but such works shall not be Shannon works within the meaning of the Principal Act.

(5) The Minister may by order made with the consent of the Minister for Local Government and Public Health declare that any particular works executed under this section shall be exempt, either permanently or for a limited time, from assessment for poor rate and also from assessment for any other rate made by a local authority, and whenever any such order is made the works to which such order relates shall be exempt from rates in accordance with such order.

(6) This section shall have effect and be deemed to have had effect as from the 4th day of July, 1925.

Amendment of section 12 of the Principal Act.

4.—(1) Notwithstanding anything contained in sub-section (3) of section 12 of the Principal Act as amended by the Act of 1929, the total amount of the sums advanced in any one half-year to the Board under that section as so amended for any purpose, other than to meet the liability and expenses mentioned in sub-section (2) of that section as so amended, may exceed the limit of four hundred thousand pounds imposed by the said sub-section (3) in any particular half-year in respect of which the Minister for Finance is of opinion that, owing to special circumstances affecting that half-year, it is expedient that the said limit should be exceeded.

(2) This section shall have and be deemed to have had effect as on and from the 1st day of January, 1930.

Amendment of section 13 of the Principal Act.

5.— Section 13 of the Principal Act shall be construed and have effect and be deemed always to have had effect as if—

(a) the words “at the time of the advance” were omitted from sub-section (1) thereof; and

(b) the following sub-section were added thereto, that is to say:—

“(5) The Minister for Finance may from time to time vary the rate at which interest payable under this section is to be paid.”

Amendment of section 14 of the Principal Act.

6.—The Minister for Finance may from time to time vary the rate at which interest payable under section 14 of the Principal Act is to be paid.

Amendment of section 15 of the Principal Act.

7.— Section 15 of the Principal Act as amended by the Act of 1929 shall be construed and have effect and be deemed to have had effect as on and from the 25th day of March, 1929, as if—

(a) the words“at the time when such interest commences to run” contained in sub-section (3) thereof were omitted from that sub-section; and

(b) sub-section (6) thereof were omitted therefrom and the following sub-section were inserted therein in lieu of the said sub-section (6), that is to say:—

“(6) All interest due on the said advances or any part thereof at the time when the Board becomes liable under this section for the repayment of the said advances or such part thereof shall be paid to the Minister for Finance within the period of six months or such longer period as the said Minister shall in any particular case direct after the time at which the Board so becomes liable for such repayment, and, if the Board fails to pay any such interest within such period, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on such interest so due from the expiration of such period until the same is paid;” and

(c) the following two sub-sections were added thereto, that is to say:—

“(10) The Minister for Finance may, after con sultation with the Minister for Industry and Com merce, vary any sum previously fixed by him under sub-section (2) of this section as a proportionate part of the said advances and the interest thereon for the repayment of which the Board is to become liable under that sub-section, but no such variation shall be made in respect of any such sum after the date fixed under sub-section (4) of this section for the commencement of the half-yearly payments in respect of such sum, and whenever the Minister for Finance makes any such variation under this sub-section he shall make such adjustments of payments made or to be made by the Board under sub-sections (3) and (6) of this section as he shall think just and equitable in consequence of such variation.

(11) The Minister for Finance may from time to time vary the rate at which any interest payable under this section is to be paid.”

Interpretation of section 96 of the Principal Act.

8.—The expression “local authority” where the same occurs in section 96 of the Principal Act shall include any body of persons having power under an Act of the Parliament of Ireland or any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas to assess and levy a rate on land or on persons in respect of their occupation of land, and the said section shall be construed and have effect accordingly.

Amendment of First Schedule to the Principal Act.

9.—(1) Paragraph 1 of the First Schedule to the Principal Act is hereby amended by the insertion of the words “receive from such authorised undertaker or statutory undertaker” after the words “entitled to.”

(2) This section shall have and be deemed to have had effect as from the commencement of the Principal Act.

General liability of the Board for rates.

10.—(1) In order to remove doubts it is hereby declared and enacted as follows, that is to say:—

(a) for the purpose of determining the liability of the Board for the payment of any rate leviable by a local authority, the use or occupation by the Board of any hereditament, tenement, or premises otherwise rateable to such rate is not and never was in use or occupation by the State or a Department of State and does not and never did confer the exemptions arising by reason of use or occupation by the State; and

(b) the use or occupation of a hereditament, tenement or premises by the Board is not use or occupation of a public nature or for a public purpose within the meaning of section 63 of the Poor Relief (Ireland) Act, 1838 , or section 16 of the Valuation (Ireland) Act, 1852 , or section 2 of the Valuation (Ireland) Act, 1854, or any other enactment (other than section 96 of the Principal Act) conferring exemption from a rate leviable by local authorities generally or by any particular local authority or class of local authorities.

(2) Nothing in this section shall remove, prejudice, or affect the exemption from rates which is conferred on the Board by section 96 of the Principal Act as amended by this Act.

Rating of the Board in respect of acquired undertakings.

11.—(1) For the purposes of the assessment and levying of any rate leviable by a local authority, the valuation of any hereditament or tenement rateable to such rate which becomes vested in the Board by virtue of a vesting order made (whether before or after the passing of this Act) under section 39 of the Principal Act or by virtue of a conveyance made (whether before or after the passing of this Act) in pursuance of an agreement entered into under sub-section (2) of section 38 of the Principal Act shall, so long as such hereditament or tenement continues in the occupation of the Board, be deemed to be whichever of the following valuations is applicable, that is to say:—

(a) where the vesting order or conveyance by virtue of which such hereditament or tenement became vested in the Board was made before the passing of this Act, the valuation under the Valuation Acts of such hereditament or tenement which was in force at the date of such vesting order or conveyance (as the case may be); and

(b) where the vesting order or conveyance by which such hereditament or tenement becomes vested in the Board is made after the passing of this Act, the valuation under the Valuation Acts of such hereditament or tenement which was in force for the year beginning on the 1st day of April, 1929.

(2) Whenever any hereditament or tenement which becomes vested in the Board by virtue of a vesting order made (whether before or after the passing of this Act) under section 39 of the Principal Act or by virtue of a conveyance made (whether before or after the passing of this Act) in pursuance of an agreement entered into under sub-section (2) of section 38 of the Principal Act ceases to be in the occupation of the Board, the Board shall as from the 1st day of April next following such cesser pay a perpetual annuity to every local authority by whom rates were assessed in respect of such premises for the year then current equal to the rates assessed by such local authority on such hereditament or tenement for the year ending on the 31st day of March prior to the date of such cesser, and every such annuity shall be payable by equal half-yearly payments in advance on every 1st day of April and 1st day of October and shall be recoverable by such local authority from the Board as a civil debt.

Exemption of certain property of the Board from rates.

12.—(1) Section 2 of the Valuation (Ireland) Act, 1854, shall apply to hereditaments and tenements to which this section applies and to the annual rents derived therefrom as if those hereditaments and tenements were included in the hereditaments and tenements mentioned in the said section 2.

(2) This section applies to every hereditament or tenement which, for the time being—

(a) is not part of the Shannon works; and

(b) is in the exclusive occupation of the Board; and

(c) is used exclusively as a generating station or as a transmission system or part of a transmission system or as a distribution system or part of a distribution system; and

(d) did not become vested in the Board (either before or after the passing of this Act) by virtue of a vesting order made under section 39 of the Principal Act or by virtue of a conveyance made in pursuance of an agreement entered into under sub-section (2) of section 38 of the Principal Act.

Compensation of employees of the Board in generating stations.

13.—(1) Whenever the Board ceases or has, before the passing of this Act, ceased wholly or partly to use as a generating station any generating station which became vested in it (whether before or after the passing of this Act) by virtue of a vesting order made under section 39 of the Principal Act or by virtue of a conveyance made in pursuance of an agreement entered into under sub-section (2) of section 38 of the Principal Act, the First Schedule to the Principal Act shall apply and (where such cesser occurred before the passing of this Act) be deemed always to have applied to every person who, at the date of such cesser, was employed by the Board in such generating station.

(2) For the purposes of the application of the First Schedule to the Principal Act to persons to whom that Schedule applies by virtue of this section, the following provisions shall have effect, that is to say:—

(a) the Board shall be deemed to be an authorised undertaker, and

(b) the cesser (whether complete or partial) by the Board to use the generating station as a generating station shall be deemed to have taken place in pursuance of an order, made under the Principal Act on the date on which such cesser occurred, requiring the Board to cease (wholly or partly, as the case may require) to use such generating station as a generating station, and

(c) references in the said Schedule to ceasing to use a generating station as a generating station shall be construed as including ceasing in part only to use a generating station as a generating station.

Compensation of employees of undertakers in generating stations.

14.—(1) Whenever an authorised undertaker, a statutory undertaker, or a permitted undertaker, in consequence of obtaining a supply of electricity from the Board, ceases or has, before the passing of this Act, ceased wholly or partly to use a generating station as a generating station, the First Schedule to the Principal Act shall apply and (where such cesser occurred before the passing of this Act) be deemed always to have applied to every person who, at the date of such cesser, was employed by any such undertaker in such generating station.

(2) For the purposes of the application of the First Schedule to the Principal Act to persons to whom that Schedule applies by virtue of this section, the following provisions shall have effect, that is to say:—

(a) the cesser (whether complete or partial) by the undertaker to use the generating station as a generating station shall be deemed to have taken place in pursuance of an order, made under the Principal Act on the date on which such cesser occurred, requiring such undertaker to cease (wholly or partly, as the case may require) to use such generating station as a generating station, and

(b) references in the said Schedule to ceasing to use a generating station as a generating station shall be construed as including ceasing in part only to use a generating station as a generating station.

Short title and citation.

15.—(1) This Act may be cited as the Electricity (Supply) (Amendment) Act, 1930.

(2) The Principal Act, the Act of 1929, and this Act may be cited together as the Electricity (Supply) Acts, 1927 to 1930.