Transport Act 1962

90 Inquiries. U.K.

(1) The Minister may hold inquiries for the purposes of his powers under this Act as if those purposes were purposes of the M1 Ministry of Transport Act 1919, and section twenty of that Act shall apply accordingly.

(2) The costs incurred by the Minister in relation to an inquiry under the said Act of 1919 (including such reasonable sum not exceeding [F1 thirty pounds] a day as he may determine for the services of any officer engaged in the inquiry) shall be paid by such party to the inquiry as the Minister may direct, and the Minister may certify the amount of the costs so incurred, and any amount so certified and directed by the Minister to be paid by any person shall be recoverable from that person either as a debt to the Crown or by the Minister summarily as a civil debt.

(3) The Minister may make orders as to the costs of the parties to any inquiry held by him under the said Act and as to the parties by whom such costs shall be paid.

(4) Any costs required by an order under subsection (3) of this section to be taxed may be taxed in the county court according to such of the scales prescribed by county court rules for proceedings in the county court as may be directed by the order or, if the order gives no direction, by the county court.

(5) Any sum payable by virtue of an order under subsection (3) of this section shall, if the county court so orders, be recoverable by execution issued from the county court or otherwise as if payable under an order of that court.

(6) Any sums received by the Minister under this section shall be paid into the Exchequer.

(7) In the application of this section to Scotland—

(a) in subsection (2) the words “either as a debt to the Crown or”, and the word “summarily” shall be omitted,

(b) for subsection (3) there shall be substituted the following subsection, that is to say—

“(3) In relation to any inquiry held under this section in Scotland the Minister shall have the like power to award expenses as if he were an arbiter under a submission and the parties to the inquiry were parties to the submission; and any award of expenses by the Minister under this subsection may be recorded for execution in the Books of Council and Session, and shall be enforceable accordingly” ;

and

(c) subsections (4) and (5) shall be omitted.

Textual Amendments

F1 Words substituted by S.I. 1968/656, Sch.

Modifications etc. (not altering text)

C1 Power to amend s. 90(2) conferred by Public Expenditure and Receipts Act 1968 (c. 14), s. 5(1), Sch. 3

C2 S. 90(2)-(7) amended (W.)(S.) by Transport Act 1968 (c. 73), s. 158(2)

Marginal Citations

M1 1919 c. 50.