IE-1927-act-27 — Electricity (Supply) Act 1927 | Law Reform

1. — In this Act— the expression “ the Board ” means the Electricity Supply Board appointed under this Act; the expression “ the Minister ” means the Minister for Industry and Commerce; the expression “ the Shannon works ” means and includes all works of whatsoever nature and wheresoever situate constructed under the Shannon Electricity Act, 1925 (No. 26 of 1925) for the production and generation of electricity by means of hydraulic power derived from the waters of the River Shannon and the transmission and supply in bulk of the electricity so produced and also the lands and premises acquired by the Minister in pursuance of the powers in that behalf conferred on him by the Act aforesaid not including any lands acquired by the Minister under the said Act and determined by him under section 12 of the said Act to be surplus lands, and not including any lands acquired by the Minister for a special purpose under the said Act as amended by this Act; the expression “ the transmission system of the Shannon works ” means the portion of the Shannon works used or intended to be used for the transmission and supply in bulk of the electricity produced in the Shannon works; the expression “ authorised undertaker ” means a person who is for the time being authorised by any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas or any provisional or other order made under statutory authority (whether before or after the establishment of Saorstát Eireann) or by special order of the Board made under this Act to generate, distribute, and supply or to distribute and supply electricity to the public in any specified area and who by virtue of such Act or Order has for the time being the exclusive right of so supplying electricity in such area; the expression “ permitted undertaker ” means any person to whom a permit has been granted and is in force under this Act to generate, distribute, and supply or to distribute and supply either to the public generally or to particular classes or members of the public electricity either for all purposes or for one or more specified purposes in a specified area; the expression “ statutory undertaker ” means any person authorised by any local or personal Act of the United Kingdom Parliament or any private Act of the Oireachtas or any Provisional or other Order made under statutory authority (whether before or after the establishment of Saorstát Eireann) to generate electricity for any purpose; the word “ undertaking ”— ( a ) when used in reference to an authorised undertaker who is authorised to generate and distribute and supply electricity to the public, means and includes the electric plant, machinery, and works used by such undertaker for the generation of electricity, the electric lines, apparatus, and appliances used by such undertaker for the distribution and supply of electricity to the public and the premises used by such undertaker in connection with such plant, machinery, and works and such lines, apparatus, and appliances, ( b ) when used in reference to an authorised undertaker who is authorised only to distribute and supply electricity to the public, means and includes the electric lines, apparatus and appliances used by such undertaker for the distribution and supply of electricity to the public and the premises used by such undertaker in connection with such lines, apparatus and appliances, and ( c ) when used in reference to a statutory undertaker, means and includes the electric plant, machinery, and works used by such undertaker in the generation of electricity for the purpose for which such undertaker is empowered to generate electricity by the Act or Order constituting such undertaker and the premises used by such undertaker in connection with the generation of electricity for the purpose aforesaid; the expression “ distribution system ” means and includes that portion of an undertaking used or intended to be used for the distribution and supply of electricity to consumers; the expression “ transmission system ” means and includes the electric lines, poles, pillars, transformers, and other electrical apparatus used in connection with the transmission of electricity from a generating station to a distribution system and the premises used in connection with such apparatus; the expression “ generating station ” means a station for the generation of electricity; the expression “ supply in bulk ” means a supply of electricity to be used for resale to consumers; the word “ street ” includes any square, court, alley, highway, lane, road, thoroughfare or public passage or place; the expression “ area of supply ” means an area within which an authorised undertaker is for the time being authorised to supply electricity to the public and has for the time being the exclusive right of so supplying electricity; the expression “ local authority ” includes a county council, county or other borough council, urban district council, rural district council, and the commissioners of a town, and any public body which is established by or in pursuance of any statute to perform any of the functions of any of the above named bodies. PART I. Constitution, Finance and General Functions of the Electricity Supply Board. 2. — (1) As soon as may be after the passing of this Act a board to be styled and known as the Electricity Supply Board (in this Act referred to as the Board) shall be established in accordance with this Act to fulfil the functions assigned to it by this Act. (2) The Board shall be a body corporate having perpetual succession and may sue and be sued under its said style and name. (3) The Board shall consist of a chairman and such number (not being less than two nor more than six) of other members as the Executive Council shall from time to time determine. (4) The members of the Board shall be appointed by the Executive Council and every person so appointed to be a member of the Board shall hold office for such period not exceeding five years as shall be fixed by the Executive Council when appointing him and every such person shall on the expiration of his term of office be eligible for re-appointment. (5) The chairman of the Board shall be that member of the Board who at the time of his appointment to be a member of the Board or subsequently is appointed by the Executive Council to be such chairman. (6) The chairman of the Board shall devote the whole of his time to his duties as such chairman and each of the other members of the Board shall devote the whole or so much of his time to his duties as such member as shall be prescribed by the Executive Council at the time of his appointment. (7) Every member of the Board shall be paid out of the funds at the disposal of the Board such remuneration and such allowances for expenses as the Executive Council shall F1 [ from time to time ] prescribe. 3. — F2 [ … ] 4. — (1) The Board shall provide and have a common seal, and such seal shall be authenticated by the signature of the chairman of the Board or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf. (2) All courts of justice shall take judicial notice of the seal of the Board, and every document purporting to be an order or other instrument made by the Board and to be sealed with the seal of the Board authenticated in accordance with this section shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown. 5. — (1) If at any time it appears to the Executive Council that the removal from office of all or any of the members of the Board is necessary in the interests of the effective and economical performance of the functions of the Board under this Act the Executive Council may remove from office all or so many of the members of the Board as the Executive Council considers necessary in the interests aforesaid. (2) The Executive Council may at any time remove from office any member of the Board who has become incapable through ill-health of performing efficiently his duties as such member or who has (otherwise than for a reason considered by the Executive Council to be sufficient) been absent from all meetings of the Board during a period of six months. (3) If and whenever the Executive Council removes from office under this section any member of the Board, the Executive Council shall lay before each House of the Oireachtas a statement in writing of the fact of the removal from office of such member and of the reasons for such removal. 6. — (1) The procedure of the Board at its meetings and otherwise shall be conducted in accordance with the provisions of the regulations in that behalf made by the Board under this Act. (2) Whenever and so long as the Board consists of three members only, two members of the Board shall constitute a quorum, and whenever and so long as the Board consists of more than three members, one-third of the members of the Board shall constitute a quorum. (3) The Board may act notwithstanding a vacancy in its membership. 7. — (1) The Board shall keep in such form as shall be approved by the Minister after consultation with the Minister for Finance all proper and usual accounts of all moneys received or expended by them, including a capital account, revenue account, profit and loss account, and a balance sheet, and in particular shall keep in such form as aforesaid all such special accounts as the Minister on his motion or at the request of the Minister for Finance shall from time to time direct. (2) The accounts of the Board shall in each year be audited and be the subject of a report by duly qualified auditors appointed annually for the purpose by the Minister, with the consent of the Minister for Finance, and the fees of such auditors and the expenses generally of such audits shall be paid by the Board. (3) The Minister may with the consent of the Minister for Finance F3 [ give from time to time directions ] prescribing the time, place, and method of conducting the audit of the accounts of the Board under this section and may also prescribe by F3 [ such directions ] the accounts of which copies are to be furnished to the Minister under this section and the accounts which are to be published and put on sale under this section and the time and method of such publication and sale. (4) Immediately after every audit under this section of the accounts of the Board, the Board shall send to the Minister a copy of the balance sheet and profit and loss account as passed by the auditors, a copy of the auditors' report, and copies of such of the accounts submitted to the auditors as are prescribed in that behalf by F3 [ directions given ] under this section or may be specially called for by the Minister, and shall publish and put on sale in accordance with F3 [ such directions ] such of the accounts submitted to the auditors as are prescribed in that behalf by F3 [ such directions ] . 8. — (1) The Board shall appoint such and so many officers and servants as it shall from time to time think proper. (2) There shall be paid by the Board to its officers and servants out of the funds at its disposal under this Act such remuneration and allowances as the Board shall determine. (3) F4 [ … ] (4) F4 [ … ] 9. — The Board may exercise any of the powers and perform any of the functions and duties (other than the making of orders) conferred and imposed on the Board by this Act through or by any of its officers or servants authorised by the Board in that behalf. 10. — F5 [ … ] 11. — F6 [ … ] 12. — (1) The Minister for Finance shall, F7 [ with the approval of the Minister for Public Expenditure and Reform and subject to ] the limitations imposed by this section, advance out of the Central Fund or the growing produce thereof to the Board as and when requested so to do by the Board all such sums as the Board shall from time to time, but not later than the appointed day request the said Minister to advance to it. F8 [ (2) The total amount of the sums advanced to the Board under this section to meet the liability of the Board under this Act in respect of interest and arrears of interest on sums advanced out of the Central Fund under the Shannon Electricity Act 1925 (No. 26 of 1925), to the separate fund established under section 11 of that Act and the expenses incurred by the Board in the operation, maintenance, and repair of the Shannon works under this Act shall not exceed the sum of one hundred and fifty-six thousand pounds. ] (3) The total amount of the sums advanced to the Board under this section for any purpose other than to meet the liability and expenses mentioned in the foregoing sub-section shall not exceed the sum of two millions, five hundred thousand pounds, and the total amount of the sums so advanced in any one half-year except in the half-year ending on the appointed day for any purpose other than as aforesaid shall not exceed the sum of four hundred thousand pounds. (4) The Minister for Finance may, for the purpose of providing for the advance of sums out of the Central Fund under this section, or for the repayment to that Fund of all or any part of the sums so advanced, or for paying off any securities issued under this section so far as such payment is not otherwise provided for, borrow money by means of the issue of such securities as he thinks proper, and all sums so borrowed shall be paid into the Exchequer. (5) The principal of and interest on all securities issued under this section shall be charged on and payable out of the Central Fund or the growing produce thereof. (6) The sums to be advanced under this section F7 [ shall, with the approval of the Minister for Public Expenditure and Reform, be advanced ] by the Minister for Finance, and shall be expended by the Board solely for the purpose of the exercise and performance of the powers and functions conferred on the Board by this Act. (7) In this section the expression “ the appointed day ” means the 31st day of December, 1932 or such later date as the Minister, after consultation with the Board, may by order made under this section appoint. (8) The Minister may by order made with the consent of the Minister for Finance before the 31st day of December, 1932 appoint such date subsequent to the said 31st day of December, 1932 as with the consent aforesaid he thinks proper to be the appointed day. Every order made under this sub-section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within one month after the first day on which such House sits after such order is laid before it, pass a resolution annulling such order, such order shall be annulled accordingly without prejudice to the validity of anything previously done thereunder. 13. — (1) The Board shall pay to the Minister for Finance on every sum advanced to the Board out of the Central Fund under this Act interest from the date of the advance of such sum until the same is repaid at such rate as shall be appointed by the Minister for Finance F9 [ … ] and such interest shall be so paid by equal half-yearly payments on such days in every year as the Minister for Finance shall from time to time appoint. (2) If the Board fails to pay to the Minister for Finance any interest payable by it under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on the interest so unpaid from the time appointed as aforesaid until the same is actually paid. (3) Any interest payable by the Board to the Minister for Finance under this section on or before the appointed day, may be paid by the Board out of the moneys advanced to the Board out of the Central Fund under this Act. (4) All interest paid to the Minister for Finance by the Board under this section shall be paid into the Exchequer in such manner as the said Minister shall from time to time direct. F10 [ (5) The Minister for Finance may from time to time vary the rate at which interest payable under this section is to be paid. ] 14. — (1) For the purpose of providing for the repayment by the Board of the advances made to it out of the Central Fund under this Act, the Board shall make to the Minister for Finance half-yearly payments commencing on such date, not being earlier than the 1st day of January, 1933 as the said Minister after consultation with the Minister for Industry and Commerce shall appoint and continuing for such number of years and being of such amounts and payable at such times as the said Minister after such consultation as aforesaid shall appoint, and different such dates, numbers of years, amounts, and times may be so appointed in respect of different portions of such advances. (2) The several half-yearly payments to be made to the Minister for Finance by the Board under this section shall be applied by the said Minister as sinking funds for the repayment of the several portions of the advances in respect of which such half-yearly payments are made and when the Board has paid to the said Minister the full number of the half-yearly payments appointed under this section in respect of any portion of such advances (together with any interest which may have become payable under this section in respect of any of such half-yearly payments) such portion of such advances shall be deemed to be fully repaid by the Board without prejudice to the liability of the Board for any interest then unpaid in respect of such portion of such advances. (3) If the Board fails to pay to the Minister for Finance any half-yearly payment or portion of a half-yearly payment payable by it to the said Minister under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on such half-yearly payment or portion of a half-yearly payment from the time appointed as aforesaid until the same is actually paid. (4) All moneys paid by the Board to the Minister for Finance under this section shall be paid into the Exchequer in such manner as the said Minister shall from time to time direct. 15. — (1) If the whole of the Shannon works are handed over to the Board by the Minister under this Act at the one time, the Board shall immediately upon such handing over become liable to the Minister for Finance for the repayment of the whole of the sums (in this section called “ the said advances ”) advanced whether before or after such handing over out of the Central Fund under the Shannon Electricity Act, 1925 (No. 26 of 1925) to the separate fund established for that purpose under section 11 of that Act together with all interest due and unpaid on the said advances or any part thereof. (2) If different portions of the Shannon works are handed over to the Board by the Minister under this Act at different times, the Board shall immediately upon the handing over of any such portion of the Shannon works become liable to the Minister for Finance for the repayment of a proportionate part (to be fixed by the Minister for Finance after consultation with the Minister for Industry and Commerce) of the said advances and of the interest then due and unpaid on the said advances or any part thereof. (3) The Board shall pay to the Minister for Finance interest on the several portions of the said advances as from the respective dates on which the Board becomes liable under this section for the repayment thereof until such liability is discharged under this section or otherwise, and such interest shall be so paid at such rate as the said Minister shall appoint F11 [ … ] and shall be so paid by equal half-yearly payments on such days in every year as the said Minister shall from time to time appoint. (4) For the purpose of providing for the repayment by the Board of the said advances, the Board shall make to the Minister for Finance half-yearly payments commencing on such date, not being earlier than the 1st day of January, 1933 as the said Minister after consultation with the Minister for Industry and Commerce shall appoint and continuing for such number of years and being of such amounts and payable at such times as the said Minister after such consultation as aforesaid shall appoint, and different such dates, numbers of years, amounts, and times may be so appointed in respect of different portions of the said advances. (5) The several half-yearly payments to be made to the Minister for Finance by the Board under the foregoing sub-section shall be applied by the said Minister as sinking funds for the repayment of the said advances and when the Board has paid to the said Minister the full number of the half-yearly payments appointed under this section in respect of any portion of the said advances (together with any interest which may have become payable under this section in respect of any of such half-yearly payments) the liability of the Board for the repayment of such portion of the said advances shall be discharged but without prejudice to the liability of the Board for any interest then unpaid in respect of such portion of the said advances. F12 [ (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; ] (7) If the Board fails to pay to the Minister for Finance any interest on the said advances or any part thereof or any half-yearly payment or portion of a half-yearly payment payable by it to the said Minister under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on the interest, half-yearly payment, or portion of a half-yearly payment (as the case may be) so unpaid from the time appointed as aforesaid until the same is paid. (8) Any interest payable by the Board to the Minister for Finance under this section on or before the appointed day may be paid by the Board out of the moneys advanced to the Board out of the Central Fund under this Act. (9) All moneys paid by the Board to the Minister for Finance under this section shall be paid into the Exchequer in such manner as the said Minister shall from time to time direct. F13 [ (10) The Minister for Finance may, after consultation with the Minister for Industry and Commerce, 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, F14 [ … ] 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. ] F13 [ (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. ] 16. — F15 [ … ] 17. — (1) When the Shannon works are completed and handed over to the Minister by the contractor engaged in the construction thereof the Minister shall, as soon as conveniently may be, by order under his seal hand such works over to the Board, and, in the event of any portion of the Shannon works being completed and handed over to the Minister by the said contractor, the Minister may if he so thinks fit at any time thereafter by order under his seal hand over to the Board such completed portion of the said works at any time before the completion of the whole of the said works. (2) The handing over of the Shannon works or any part thereof by the Minister to the Board under this section shall be without prejudice to the rights of the Minister under his contract with the contractor engaged in the construction of the said works and nothing in this section relating to legal proceedings shall apply to any legal proceedings brought by the Minister to enforce such rights. (3) F16 [ … ] 18. — (1) Whenever the Shannon works or any portion thereof are handed over to the Board by the Minister under this Act, the Minister may by the order effecting such handing over or by a subsequent order transfer to the Board all or any vehicles, tools, machinery, instruments, and other chattels (not being fixtures passing with the Shannon works or any portion thereof) acquired by him under or for the purposes of the Shannon Electricity Act, 1925 (No. 26 of 1925). (2) All chattels transferred to the Board by an order under this section shall immediately upon such transfer become and be the property of the Board as fully as if the same had been purchased by the Board under this Act. 19. — It shall be the duty of the Board— ( a ) to produce and generate electricity in the Shannon works so soon as such works or a sufficient portion thereof for the purpose are handed over to the Board by the Minister, and to transmit through the transmission system of the Shannon works and any extension of that system the electricity so generated, and ( b ) to control, manage, and maintain in good repair and condition and proper and efficient working order each and every part or section of the Shannon works as from the respective dates on which such parts or sections are respectively handed over to the Board by the Minister, and ( c ) to distribute, utilise and sell the electricity generated by the Board in the Shannon works and to promote and encourage the purchase and use of such electricity, and ( d ) to control, co-ordinate, and improve the supply distribution, and sale of electricity generally in Saorstát Eireann and for the purposes of such control, co-ordination, and improvement to exercise and employ the powers conferred on the Board by this Act, and ( e ) generally to perform and exercise all duties and powers which are imposed or conferred on the Board by this Act and all such other duties and powers as may hereafter be imposed or conferred on the Board by the Oireachtas. 20. — (1) The Board may, subject to and in accordance with the particular provisions of this Act, distribute and supply electricity (whether generated or purchased by it) in any part of Saorstát Eireann either in bulk or to individual consumers and shall for the purposes of such distribution and supply have and be subject to all the rights, powers, obligations, and duties conferred or imposed by this Act on an authorised undertaker but the Board shall not under this sub-section distribute or supply electricity in bulk or otherwise to any person or premises within the area of supply of an authorised undertaker save either with the consent of such authorised undertaker or under and in accordance with a particular power in that behalf conferred on the Board by this Act. (2) The Board may by special order constitute itself to be the authorised undertaker for any particular area specified in that behalf in such order which at the date of such order is not included in and does not include the whole or any part of the area of supply of an authorised undertaker and every such special order— ( a ) may be modified or revoked by the Board as and when it thinks fit, ( b ) shall continue in force and operation during the period specified in that behalf therein or, if no such period is so specified, until revoked by the Board, ( c ) shall operate to confer on the Board the exclusive right to supply electricity in the area to which the order relates and to confer and impose on the Board in or in relation to such area and the generation, distribution, and supply of electricity by the Board therein all the rights and powers and all the obligations and duties conferred or imposed by this Act on an authorised undertaker in or in relation to his area of supply, save that where any such power is only exercisable with the consent of the Board the exercise of such power by the Board shall be sufficient evidence of its consent to such exercise. (3) Subject to the provisions of this Act the Board may construct, re-construct, maintain, and operate electric generating stations, transformer stations and other stations and places for transforming, storing, or otherwise dealing with electricity and extend or enlarge the transmission system of the Shannon works and construct, re-construct, maintain, and operate such other lines and works as the Board may think fit. (4) For the purpose of the exercise or performance of any of the powers or functions conferred on the Board by this Act, the Board may enter on any lands or premises and there make such inquiries, investigations, and examinations as it thinks proper. 21. — (1) F17 [ … ] 22. — The Board may out of the funds at its disposal make advances to any authorised undertaker, permitted undertaker or statutory undertaker for the purpose of his undertaking on such terms as the Board thinks proper and, where so required under any other section of this Act, shall make such advances on such terms as may be fixed in the manner provided in that behalf by such section, and any authorised undertaker, permitted undertaker or statutory undertaker, notwithstanding anything contained in the Act, order, memorandum of association or other document constituting such undertaker, may borrow from the Board. 23. — The Board may require any authorised undertaker to give to the Board and every such undertaker when so required shall give to the Board such information relating to his undertaking as the Board considers necessary and every authorised undertaker who on being so required fails or refuses to give to the Board such information as aforesaid shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds. 24. — (1) The Board may at any time hold or appoint any person to hold an investigation into the administration and financial position of the undertaking of any authorised undertaker, and the Board or the person so appointed as aforesaid (as the case may be) shall have power to summon witnesses to attend such investigation and to examine witnesses on oath and for that purpose to administer an oath to witnesses attending such investigation and to compel such witnesses to produce any documents in their power or control the production of which the Board or such person (as the case may be) considers necessary for the purposes of such investigation. (2) Whenever an investigation is held under this section into the administration and financial position of the undertaking of an authorised undertaker such authorised undertaker shall be entitled to be heard and adduce evidence and, if he so desires, to be represented professionally at such investigation. (3) Every person who on being duly summoned by the Board or by any such person as aforesaid to attend as a witness at any such investigation as aforesaid fails to attend such investigation, or being in attendance thereat as a witness refuses to take an oath or to give evidence or to produce any document in his power or control when required so to do shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds. 25. — The Board may require any person controlling or using electrical apparatus to give to the Board and every such person when so required shall give to the Board such information relating only to the nature, control, and use of such electrical apparatus (not including the nature or purpose of any experimental work for which such apparatus is used) as the Board thinks necessary, and every person who, on being so required, fails or refuses to give to the Board such information shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds. 26. — (1) The Board may from time to time employ such technical or other advisers as it thinks fit to advise it in regard to any matter or thing in connection with the exercise or performance by the Board of the powers, duties and functions conferred or imposed on it by or under this Act. (2) There shall be paid out of the funds at the disposal of the Board under this Act to every person employed by the Board under this section such fees and such allowances as the Board shall determine. 27. — It shall be the duty of the Board to advise the Executive Council generally on all matters relating to the exploitation of water power and other natural resources of Saorstát Eireann for the generation of electricity and to make all such investigations and collect all such data relating to such water power and such natural resources as may be necessary for the purpose of the exploitation thereof for the generation of electricity and to advise the Minister on the location and extent of the transmission system to be constructed in pursuance of the provisions of the Shannon Electricity Act, 1925 (No. 26 of 1925) and on such other matters arising out of the exercise and performance by the Minister of the powers, functions and duties conferred and imposed on him by the said Act as the Minister may think fit to refer to the Board for their advice. 28. — (1) The Board may conduct such investigations, experiments, and trials as the Board thinks fit for the improvement of the methods of transmission, distribution, and supply of electricity or of the utilisation of fuel, water power, or other means of generating electricity and may establish and maintain a testing laboratory for the testing and standardisation of electrical instruments. (2) The Board may take such measures as, in the opinion of the Board, are calculated to advance the exploitation of water power in Saorstát Eireann and may organise and carry out national power and hydrometric survey work and make or arrange for the making of such maps, plans, sections, and estimates as are necessary for any of the purposes aforesaid. (3) The Board may enter on any lands or premises for the purpose of doing thereon or on any other lands or premises all or any of the things which the Board is by this section authorised to do or making thereon or on any other lands or premises any inquiry, investigation, or examination preliminary or incidental to the doing of any such thing. 29. — The Board may, for the purpose of promoting and extending the uses of electricity for domestic, industrial, agricultural, and other purposes, open or arrange for the opening of showrooms for the exhibition and display of electrical apparatus and appliances and may organise and conduct or arrange for the organisation and conduct throughout Saorstát Eireann of demonstrations, exhibitions, and instruction relating to the uses of electricity for the purposes aforesaid. 30. — The Board may contract with any Minister who is head of a Department of State established by the Ministers and Secretaries Act, 1924 (No. 16 of 1924) or with any statutory body under the control of any such Minister and such Minister or statutory body may with the consent of the Minister for Finance contract with the Board for the rendering of services and supply of materials to the Board in respect of the exercise and performance by the Board of the rights and duties conferred and imposed on it by this Act, and upon any such contract being made such Minister or statutory body and his or their officers and servants shall render services and supply materials to the Board in accordance with such contract. 31. — (1) The Board may hold or cause to be held such inquiries as the Board considers necessary for the purposes of this Act, and the Board, and, if authorised in that behalf by the Board, the person appointed by the Board to hold any such inquiry shall have power to take evidence on oath and for that purpose to administer oaths, and may also by order require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce documents at such inquiry, and if any person fails without reasonable excuse to comply with any of the provisions of such order he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. (2) Notice of any inquiry to be held for the purposes of this Act may be given and published in accordance with such general or special directions as the Board may give. 32. — (1) The Board shall in each year, at such date and in such form as the Minister may prescribe, make to the Minister a report of its proceedings under this Act during the preceding year. (2) The Board shall furnish to the Minister at such times and in such form and manner as the Minister may direct such statistics and returns as the Minister may require. (3) The Minister shall lay as soon as may be before each House of the Oireachtas a copy of every report made to him by the Board under this section together with a copy of the last capital account, revenue account, profit and loss account, and balance sheet of the Board and a copy of the auditors' report on such accounts and balance sheet and shall with every such report by the Board lay before each House of the Oireachtas copies of such statistics, returns, and accounts furnished to him by the Board under this Act as may be necessary for the proper understanding of such report. 33. — F18 [ … ] 34. — F19 [ … ] PART II. Particular Functions and Powers of the Electricity Supply Board. 35. — (1) From and after the expiration of six months from the passing of this Act or such further period as may be fixed by the Board for any particular area, no person (other than the Board) shall sell electricity or supply electricity for sale unless he is an authorised undertaker or is a person authorised by a permit granted under this Act F20 [ or a licence granted under section 14 of the Electricity Regulation Act 1999, ] to supply electricity F21 [ , or is the holder of a registration granted under Part IIIA of the Electricity Regulation Act 1999 or is a person of a class specified by order under section 28AC(2)(a)(i) of that Act or is engaging in a class of electricity activity specified by order under 28AC(2)(a)(ii) of that Act ] . (2) No authorised undertaker shall sell electricity or supply electricity for sale outside his area of supply save in so far as he is authorised so to do by or under the Act or special or other order by virtue of which he is an authorised undertaker or by or under this Act and no authorised undertaker shall sell electricity or supply electricity for sale otherwise than in accordance with such Act or special or other order as aforesaid and this Act. (3) No person who is for the time being the holder of a permit to supply electricity granted under this Act shall sell electricity or supply electricity for sale otherwise than in accordance with such permit. (4) The Board shall serve on every person who to the knowledge of the Board sells electricity or supplies electricity for sale in contravention of this section a notice in writing requiring such person to cease within fourteen days from the date of the service of such notice to sell electricity or supply electricity for sale as aforesaid. (5) Every person who shall sell electricity or supply electricity for sale in contravention of this section after the expiration of fourteen days from the service on him of a notice under the foregoing sub-section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment with or without hard labour for any term not exceeding six months or, at the discretion of the court, to a fine not exceeding one hundred pounds together with, in the case of a continuing offence, a further fine of ten pounds for every day the offence continues, or to both such imprisonment and such fine. 36. — F22 [ … ] 37. — F23 [ … ] 38. — (1) Notwithstanding anything contained in any Act or order, any authorised undertaker may at any time request the Board to acquire his undertaking and thereupon the Board, if it thinks fit so to do, may by order acquire such undertaking. (2) The Board may by order at any time acquire the undertaking of any authorised undertaker, and also may at any time by agreement with any person generating, distributing and supplying or distributing and supplying electricity in pursuance of a permit granted to such person under this Act acquire the undertaking (or any part thereof) of such person. 39. — (1) Whenever the Board proposes to acquire under this Act the undertaking of an authorised undertaker (hereinafter in this section called the former undertaker) the Board shall send or deliver to such undertaker a notice in writing (hereinafter in this section called the notice of acquisition) of such proposal specifying the date on which the Board proposes to acquire the undertaking (hereinafter in this section called the date of acquisition). (2) The Board shall on the date of acquisition by special order (hereinafter in this section called the vesting order) constitute itself or some other person to be the authorised undertaker (hereinafter in this section called the new undertaker) for the area of supply of the former undertaker and shall transfer to and vest in the new undertaker all the property, assets, and liabilities as hereinafter provided of the former undertaker in relation to the undertaking. (3) The vesting order, in so far as it purports to constitute the new undertaker to be an authorised undertaker, shall have the like operation and effect as a special order made by the Board under the appropriate section of this Act either (as the case may require) declaring the Board to be the authorised undertaker for an area of supply or constituting a person to be the authorised undertaker for an area of supply. (4) The vesting order, in so far as it purports to transfer to and vest in the new undertaker the property, assets, and liabilities of the former undertaker, shall be expressed and shall operate:— ( a ) to transfer to and vest in the new undertaker free from all charges and encumbrances all the property and assets of the former undertaker owned and used by him (including property out on loan or hire to consumers) on the date of the vesting order for the purposes of the undertaking, and ( b ) to transfer to and vest in the new undertaker all book debts and other moneys owing to the former undertaker on account of the undertaking on the date of the vesting order and the right to sue for, recover, and give good receipts for such debts and moneys, and ( c ) to impose on and vest in the new undertaker the liability for and obligation to indemnify the former undertaker against all debts and liabilities owing by the former undertaker on account of the undertaking on the date of the vesting order save and except— (i) capital liabilities, mortgages, loans, and bank over draft, and (ii) any liability exceeding one thousand pounds incurred after the 31st day of March, 1927, and before the constitution of the Board without the consent of the Minister or incurred after the constitution of the Board without the consent of the Board. (5) Immediately upon the service on the former undertaker of the notice of acquisition the former undertaker shall cease to be an authorised undertaker but (notwithstanding anything contained in this or any other Act or in any order) shall continue to carry on his undertaking until the date of the vesting order and shall until that date have and perform all such rights, powers duties, and obligations as were immediately before the service of the notice of acquisition conferred or imposed on him by this or any other Act or any order and are necessary for such carrying on of his undertaking. (6) Whenever the former undertaker is a local authority the new undertaker shall as on and from the date of the vesting order become and be by virtue of this sub-section liable for and bound to indemnify and keep indemnified the former undertaker against all capital loans (including current bank overdraft) outstanding at the date of the vesting order and borrowed by the former undertaker for the purpose of the undertaking and all mortgages and charges on the undertaking or the assets thereof outstanding on the date of the vesting order (save and except loans borrowed and mortgages and charges created after the 31st day of March, 1927, and before the constitution of the Board without the consent of the Minister or after the constitution of the Board without the consent of the Board) and also the interest on such loans, mortgages, and charges from the date of the vesting order. (7) Whenever the former undertaker is a local authority, and has before the 31st day of March, 1927, raised by means of the rates any sum in aid of the undertaking, the new undertaker shall as on and from the date of the vesting order become and be by virtue of this sub-section liable to pay such sum (less an amount equal to the portion (if any) thereof which has before the date of the vesting order been paid to the general revenue account of such local authority in relief of rates) to the former undertaker by ten equal yearly instalments, the first of which shall be payable twelve months after the date of the vesting order, and each of which shall when received by the former undertaker be paid into its general revenue account in relief of rates. (8) Whenever the former undertaker is not a local authority the new undertaker shall within three months after the date of the vesting order pay to the Board or, if the Board is itself the new undertaker, shall put to a separate account a sum equal to the fair value on the date of the vesting order of the undertaking (with all the property, assets, and liabilities thereof transferred to or imposed on the new undertaker by the vesting order) as a going concern and interest on such fair value from the date of the vesting order at the rate of five per cent. per annum, such fair value to be fixed, in default of agreement, by an arbitrator agreed upon by the former undertaker and the new undertaker or failing such agreement appointed by the High Court, and as soon as may be after such payment or putting to a separate account the Board shall out of the moneys so paid to it or put to a separate account by it discharge so far as such moneys are sufficient for that purpose all mortgages and charges affecting the undertaking or any of the property or assets thereof on the date of the vesting order and shall pay the residue (if any) of such moneys to the former undertaker. In fixing for the purposes of this sub-section the fair value of an undertaking the arbitrator shall not include any sum or allowance on account of any accretion of value arising directly or indirectly from the operation of the Shannon works. (9) Every person who, immediately before the date of the vesting order, is in the employment of the former undertaker and is employed by him in relation to the undertaking and had been so employed before the 31st day of March, 1927, shall, on the making of the vesting order,(unless such person elects with the consent of the former undertaker to remain in the service of such undertaker in another capacity) become a servant of the new undertaker upon the same terms (including increment pension and superannuation rights) as he was on the 31st day of March, 1927, employed by the former undertaker, with such increases of salary and other benefits as may before the date of the vesting order have accrued to him from those terms by effluxion of time and such further increases of salary and other benefits as may have been conferred on him by the former undertaker, after the 31st day of March, 1927, and before the constitution of the Board, with the consent of the Minister or, after the constitution of the Board, with the consent of the Board. (10) If any dispute or question shall arise as to whether any person was, immediately before the date of the vesting order, in the employment of the former undertaker, and was employed by him in relation to the undertaking, and had been so employed before the 31st day of March, 1927, such dispute or question shall, if the Board is itself the new undertaker, be determined by the Minister, and shall, if the Board is not itself the new undertaker be determined by the Board. (11) Every person who, immediately before the date of the vesting order, is in the employment of the former undertaker and is employed by him in relation to the undertaking and was first so employed on or after the 31st day of March, 1927, shall, on the making of the vesting order, become a servant of the new undertaker upon the same terms (including pension and superannuation rights) as he was immediately before the date of the vesting order employed by the former undertaker if, but only if, his employment by the former undertaker in relation to the undertaking and the terms on which he was so employed immediately before the date of the vesting order were approved of by the Minister before the constitution of the Board or by the Board after its constitution. (12) For the purpose of calculating the pension and superannuation rights against the new undertaker of a person transferred by this section from the service of the former undertaker to the service of the new undertaker, the periods of service of such person with the former undertaker and the new undertaker respectively shall be reckoned as continuous service with the new undertaker. (13) Whenever the former undertaker is a local authority and any dispute arises between the new undertaker and any person transferred by this section from the service of the former undertaker to the service of the new undertaker in relation to any right of such person which dispute, if it had arisen between such former undertaker and such person before such transfer, might at the instance of such person have been referred to the Minister for Local Government and Public Health for his decision, such dispute shall, if such person so requires, be referred to the said Minister, whose decision thereon shall be final and conclusive. 40. — (1) The Board may by order take control at any time of the undertaking of an authorised undertaker. (2) The following provisions shall apply to every order (in this Act called a control order) by which the Board takes control of an undertaking under this section or under any other section of this Act, that is to say:— ( a ) the Board may in the control order state the date (not being prior to nor more than three months subsequent to the date of the control order) on and from which it thereby takes control of the undertaking, and if no such date is so stated the Board shall be deemed to take such control on and from the date of the order, ( b ) the Board may in the control order state the period for which it thereby takes control of the undertaking, but such period shall not be less than the minimum period (if any) applicable under this Act nor more in any case than five years, ( c ) if no such period is stated in the control order the Board shall be deemed thereby to take control of the undertaking for the period of five years or until the Board sooner relinquishes such control, and in such case the Board may by order at any time, but where such minimum period as aforesaid is applicable, not before the expiration of such minimum period, relinquish such control. (3) Whenever the Board takes control under this Act of the undertaking of an authorised undertaker the following provisions shall apply, that is to say:— ( a ) so long as such control continues the Board shall maintain, work, and manage the undertaking and shall for that purpose have full possession, control, use, and occupation of all the property and assets of the authorised undertaker and the right to use the name of the authorised undertaker, ( b ) upon the commencement of the control all persons in the employment of the authorised undertaker and employed by him in relation to the undertaking shall become servants of the Board upon the same terms as they were, immediately before such commencement, employed by the authorised undertaker and with the same (if any) rights against the Board to pension and superannuation allowance as they had against the authorised undertaker immediately before such commencement and for the purpose of such pension and superannuation allowance the period of service of any such person with the authorised undertaker before such commencement and his period of service under the Board during the control shall be reckoned as continuous service under the Board: provided that no such person shall during the control be transferred from the undertaking without his consent, ( c ) the Board may during the control employ such and so many persons (whether previously employed or not employed by the authorised undertaker) in relation to the undertaking as it thinks fit, ( d ) the Board shall have all the benefits and perform all the obligations of the authorised undertaker under any contract subsisting immediately before the commencement of the control but so far only as such contract is to be performed during the control, and the Board shall during the control be entitled to sue and be liable to be sued in relation to any such contract in the name of the authorised undertaker, ( e ) all profits earned by the undertaking during the control shall, at the discretion of Board, either be paid into a reserve fund or a renewals fund or other like fund belonging to or for the benefit of the undertaking or be paid to the authorised undertaker and applied by him according to law as profits earned by him from the undertaking, ( f ) all losses incurred by the undertaking during the control shall be paid by the Board but may if the Board so thinks fit be recouped to the Board out of the reserve or other funds (if any) of the authorised undertaker to an amount not exceeding in respect of any year the amount of the average annual losses (if any) incurred by the undertaking during the period of five years immediately preceding the date of the commencement of the period of control, ( g ) the authorised undertaker may at any time during the control require the Board to acquire the undertaking and the Board upon being so required shall forthwith acquire the undertaking, ( h ) at the expiration by effluxion of time of the period of control the Board shall do by order one or other as the Board thinks fit of the following things, that is to say, either acquire the undertaking or relinquish control of the undertaking. (4) When the Board relinquishes control of an undertaking the following provisions shall have effect, that is to say:— ( a ) the rights of the Board under the control order in respect of the undertaking and the property and assets of the authorised undertaker and of his name shall cease, ( b ) all property and assets acquired by the Board during the control out of money derived from the undertaking and held by the Board at the expiration of the control shall become the property of the authorised undertaker, ( c ) all persons who are at the expiration of the control employed by the Board in relation to the undertaking shall become servants of the authorised undertaker upon the same terms as they were, immediately before such expiration, employed by the Board and with the same (if any) rights against the authorised undertaker to pension and superannuation allowance as they had against the Board immediately before such expiration, and for the purpose of such pension and superannuation allowance the period of service of any such person under the Board shall be reckoned as service with the authorised undertaker, ( d ) the authorised undertaker may, not later than one month after the relinquishment by the Board of the control of the undertaking of such authorised undertaker, give to any person (not being a person who was at the date of the commencement of the control employed by such authorised undertaker) who is at the expiration of the control employed by the Board in relation to such undertaking and becomes a servant of such authorised undertaker notice in writing of the termination of his employment as a servant of such authorised undertaker notice in writing of the termination of his employment as a servant of such authorised undertaker and every such notice shall be expressed and operate to terminate the employment as such servant of such person at the expiration of one month from the date thereof or, in the case of a person whose contract of service with the Board provided for the termination of such service upon notice of a less period than one month, at the expiration of such less period. 41. — (1) Whenever the undertaking of an authorised undertaker is carried on by him in conjunction with or as part of another business owned by him, the Board may, for the purpose of the acquisition or the taking control of such undertaking by it under this Act or for any other purpose arising under this Act, require such authorised undertaker to furnish to the Board within the time (not being less than one month) appointed by it in that behalf a segregation statement within the meaning of this section in relation to such undertaking. (2) Whenever an authorised undertaker, on being required under this section to furnish to the Board a segregation statement in relation to his undertaking refuses or neglects so to do within the time appointed by the Board in that behalf or furnishes within such time to the Board a segregation statement which, in the opinion of the Board, is unsatisfactory the Board may itself prepare such segregation statement. (3) If any question or dispute arises between an authorised undertaker and the Board upon any segregation statement prepared by the Board under this section such question or dispute shall be determined by an arbitrator appointed by the Minister on the application of such authorised undertaker or the Board (as the case may be) and such arbitrator shall have power to amend such segregation statement and such segregation statement as so amended shall for the purposes of this section be deemed to be a segregation statement prepared by the Board under this section. (4) For the purposes of this section, a segregation statement in relation to the undertaking of an authorised undertaker is a statement, in such form as is directed by the Board, showing— ( a ) how much or which part of the capital liability of the authorised undertaker represents moneys expended on such undertaking, and ( b ) how much or which of the debts and liabilities of the authorised undertaker were incurred on account of such undertaking, and ( c ) how much or which of the book debts and other moneys owing to the authorised undertaker are so owing in respect or on account of such undertaking, and ( d ) what part or which of the lands, buildings, plant, machinery, chattels, and other property (not being money or security for money) belonging to the authorised undertaker is used for the purposes of such undertaking, and ( e ) how much or which of the moneys in hand and of the investments and other securities for money belonging to the authorised undertaker are attributable to such undertaking, and ( f ) wh