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Transport (Northern Ireland) Order 1977
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Functions of Department in relation to railway company under certain transport regulationsN.I.
9.—(1) The Department shall be the competent authority for Northern Ireland in relation to the Northern Ireland Railways Co. Ltd., or any company by which it is replaced, for the purposes of the relevant transport regulations and, as that authority, may give directions to the company imposing on it obligations of a general nature with respect to the operation of the whole or any part of its railway passenger system.
(2) It shall fall to the Department to make any payments which are required to be made to the company by any provision of those regulations and the Department may, subject to and in accordance with the provisions of those regulations, determine the manner of calculating, and the conditions applicable to, those payments.
(3) Any direction under paragraph (1) may be varied or revoked by subsequent directions thereunder.
(4) The obligations imposed by any directions under paragraph (1) shall not give rise to any form of duty or liability enforceable against the company by proceedings before any court to which the company would not otherwise be subject.
(5) In this Article “the relevant transport regulations” means Council Regulation (EEC) No.1191/69F1 on public service obligations in transport and Council Regulation (EEC) No.1192/69F2 on common rules with respect to the financial status of railway undertakings and any regulations amending or extending those regulations.
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