Electricity (Supply) Act 1927

Appointment of arbitrators by the Minister.

88

88.(1) The Minister may after consultation with the Attorney-General appoint a fit and proper person to be an arbitrator to determine any matter which is by this Act or any order or regulation made thereunder directed to be determined by an arbitrator appointed by the Minister.

(2) There shall be paid to every arbitrator appointed under this Act such fee in respect of every arbitration held by him under this Act as shall be determined by the Minister with the approval of the Minister for Finance and such fee shall be paid by such party to such arbitration or by the parties to such arbitration in such proportions as the arbitrator in his award shall determine.

(3) Every arbitrator appointed under this Act shall have power by notice in writing signed by him to summon witnesses and to require the production of books and other documents, and any person so summoned who fails to attend or refuses to give evidence before such arbitrator and any person who fails or refuses to produce any book or other document the production of which is so required of him shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4) All evidence given before an arbitrator appointed under this Act shall be given on oath which oath such arbitrator is hereby empowered to administer, and any person who gives false evidence before any such arbitrator shall be guilty of perjury and punishable accordingly.

(5) An arbitrator appointed under this Act shall have power in his discretion to award to any party to the arbitration his costs and expenses in relation to the arbitration or any part thereof to be paid to him by any other party to such arbitration, and whenever any such arbitrator so awards any such costs or expenses he shall have power to fix the amount of the costs and expenses so awarded.

(6) An arbitrator appointed under this Act shall have power to adjourn the arbitration as he thinks fit and shall also have power to inspect and examine and for that purpose to enter upon any lands and premises the subject of the arbitration or in relation to which the arbitration is held.

Annotations

Modifications (not altering text):

C79

Functions transferred and references to "Department of Finance" and "Minister for Finance" construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1, in effect as per art. 1(2), subject to transitional provisions in arts. 6 to 9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of –

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

SCHEDULE 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 27 of 1927

Electricity (Supply) Act 1927

Sections 7, 30 and 88

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C80

Perjury construed (28.07.2021) by Criminal Justice (Perjury and Related Offences) Act (13/2021), s. 4(1) and sch. 1, S.I. No. 378 of 2021.

References to perjury or subornation of perjury

4. (1) Where, on or after the coming into operation of this subsection, a person commits an offence referred to as perjury, howsoever described, in an enactment specified in Schedule 1, he or she shall be liable to be proceeded against and punished as if he or she were guilty of perjury under this Act.

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SCHEDULE 1

Section 4(1)

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9. Electricity (Supply) Act 1927, section 88(4)

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