[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/cainai1936391.txt

[New search] [Help]

CANALS AND INLAND NAVIGATION ACT (NORTHERN IRELAND) 1936

CANALS AND INLAND NAVIGATION ACT (NORTHERN IRELAND) 1936 - LONG
TITLE

An Act to provide for the repeal, alteration or amendment of the
provisions of local or private Acts relating to canal and inland
navigation undertakings, and for the classification of merchandise
traffic and the fixing and regulation of charges in connection with
such undertakings; to make provision for the chargeability of certain
expenses of county councils in connection with the Upper Bann
Navigation; and for purposes connected with the matters aforesaid.
[9th April 1936]
Amendment of local or private Acts relating to canal and inland
navigation undertakings.

CANALS AND INLAND NAVIGATION ACT (NORTHERN IRELAND) 1936 - SECT 1

1. The Ministry of Commerce (in this Act referred to as "the
Ministry") may, on the application of a canal company, by
provisional order made under this Act, repeal, alter or amend the
provisions, of any local or private Act of Parliament relating to,
or regulating the powers and duties of, the company.

CANALS AND INLAND NAVIGATION ACT (NORTHERN IRELAND) 1936 - SECT 2
Provisions with respect to provisional orders.

2.(1) The applicant for a provisional order under this Act shall
give to such persons, at such times, and in such manner as the
Ministry may prescribe, notice of the application for, and the
purport of, the proposed order, and of the time (which shall not
be less than one month from the date of the notice) within which
objections to the proposed order may be made to the Ministry.

(2) Before making any such provisional order the Ministry shall
consider any objections made thereto by or on behalf of any person
affected thereby which are received by the Ministry within the
required time, and may, if the Ministry considers it necessary or
desirable, hold a public inquiry. In any case where a public
inquiry has been held the Ministry, before making a provisional
order, shall consider the report of the person who held the inquiry
and all objections made thereat. The provisions set out in the
Schedule to this Act shall apply in relation to any such inquiry.

(3) Where it appears to the Ministry expedient and proper that the
application should be granted, with or without modification, or
subject or not to any restriction or condition, and that the
requirements of this Act and of any regulations made thereunder have
been complied with, the Ministry may settle and make a provisional
order accordingly, and may submit such order to Parliament for
confirmation, but any such order shall be of no force or effect
unless and until it is confirmed by Parliament.

(4) If while the Bill confirming any such order is pending in
either House of Parliament, a petition is presented against any
order comprised therein, the Bill, so far as it relates to such
order, may be referred to a Joint Committee of both Houses, and
the petitioner shall be allowed to appear and oppose as in the
case of private bills.

(5) The Ministry may revoke, either wholly or partially, any
provisional order made by the Ministry before it is confirmed by
Parliament, but no such revocation shall be made while the Bill
confirming the order is pending in either House of Parliament.

(6) Any Act confirming a provisional order made by the Ministry
under this Act may be repealed, altered or amended by a subsequent
order made under this Act and confirmed by Parliament.

(7) The making of a provisional order shall be prima facie evidence
that all the requirements of this Act and of any regulations made
thereunder in respect of proceedings required to be taken previously
to the making of such order have been complied with.

(8) The costs of and incidental to the application for, preparation,
making and confirmation of a provisional order, including the costs
of the public inquiry (if any), shall be paid by the applicant for
the order, or in such other manner as the Ministry may determine,
and the Ministry may certify the amount of the costs incurred; and
any sum so certified and directed by the Ministry to be paid by
the applicant or any other person shall be a debt to the Ministry
from the applicant or that other person, as the case may be. The
Ministry may require the applicant to give security for costs before
taking any proceedings on the application.

CANALS AND INLAND NAVIGATION ACT (NORTHERN IRELAND) 1936 - SECT 3
Classification of merchandise traffic and fixing of tolls and
charges.

3.(1) The Ministry may, with respect to any canal company, on the
application of

(a)the company;

(b)any representative body of traders;

(c)any person who, in the opinion of the Ministry, is a proper
person to make the application;

(2) Where in respect of any canal company, maximum tolls and
charges have been fixed under this section, the company may, from
time to time, upon giving such notice as the Ministry may direct,
vary within the maximum so fixed the amount of any such tolls or
charges.

Subs.(3) rep. by 1973 NI1 art.45 sch.10

(4) So much of the provisions of section two of this Act as
relate to the application for, making and preparation of, provisional
orders, and the holding of a public inquiry, and the provisions of
the said section as to costs, shall apply to an order made under
this section, but any such order shall not require confirmation by
Parliament.

Subs.(5) repeals s.24 (pt.) of 1888 c.25; s.3(1)(e) (pt.) of 1919
c.50; 1925 c.7 (NI); sch. (pt.) to 1935 c.18 (NI)

S.4 rep. by 1954 c.1 (NI) s.20 sch.2. S.5 spent

CANALS AND INLAND NAVIGATION ACT (NORTHERN IRELAND) 1936 - SECT 6
Power of Ministry to make regulations.

6.(1) The Ministry may make regulations prescribing anything which by
this Act is to be prescribed, and the form of any notice,
advertisement or other document required or authorised to be used
for the purposes of this Act, and with respect to all matters with
respect to which regulations are specifically required or authorised
by this Act to be made.

(2) Regulations made under this Act shall, as soon as may be after
they are made, be laid before each House of Parliament. If either
House of Parliament, within the statutory period next after any
regulation made as aforesaid has been laid before such House,
resolves that the regulation shall be annulled, the regulation shall,
after the date of the resolution, be void, but without prejudice to
the validity of anything previously done thereunder or to the making
of a new regulation.

CANALS AND INLAND NAVIGATION ACT (NORTHERN IRELAND) 1936 - SECT 7
Interpretation.

7.(1) In this Act, unless the context otherwise requires, the
following expressions have the meanings hereby assigned to them, that
is to say:

"Act of Parliament" includes any provision of an Act of the
Parliament of the United Kingdom relating to a matter in respect of
which the Parliament of Northern Ireland has power to make laws:

"Canal" includes any navigation which has been made under, or upon
which tolls may be levied by authority of, any Act of Parliament,
and also the wharves and landing places of and belonging to such
canal or navigation and used for the purposes of public traffic:

"Canal company" includes any person, or body of persons, being the
owner or lessee of, or working, or entitled to charge tolls for
the use of, any canal constructed or carried on under the powers
of any Act of Parliament:

Definition spent

(h). This Act may be cited as the Canals and Inland Navigation Act
(Northern Ireland), 1936.1. The Ministry may appoint a competent and
impartial person as inspector to hold an inquiry in relation to any
application for a provisional order and to report to the Ministry
thereon.

2. The inquiry shall be held in public and any objector and any
other person who, in the opinion of the inspector, is affected by
the application may appear at the inquiry either in person or by
counsel or solicitor.

3. The inspector shall have power

(a)by summons under his hand, to require to appear before him any
persons whomsoever and to examine them upon oath or otherwise
touching any matter relating to the purposes of the inquiry; and

(b)by any such summons to require any person being the owner of a
canal company in respect of which a provisional order is sought, or
an officer of, or acting under, such company, to produce before him
any books or documents which may, in connection with such company,
be in the custody or control of such person or officer touching
any matter relating to the purposes of the inquiry; and

(c)to examine, inspect and take copies of, or extracts from, any
such books or documents.

Any person who wilfully disobeys the summons of the inspector, or
prevents the inspector from examining, inspecting or taking copies
of, or extracts from, books or documents under this provision, or
refuses to answer any questions put to him by the inspector shall
be guilty of an offence and liable on summary conviction to a fine
not exceeding five pounds for any such offence:

Provided that a person shall not be required to attend before the
inspector in obedience to any summons unless the reasonable expenses
of his attendance have been tendered to him.

4. Subject as aforesaid the inquiry and all proceedings preliminary
and incidental thereto shall be conducted in accordance with
regulations to be made by the Ministry.

5. The fee to be paid to the inspector shall be such as the
Ministry may direct.

Section 2.