Transport Charges &c. (Miscellaneous Provisions) Act 1954

5 Extension to independent railway and inland waterway undertakings of provisions applying to Commission

(1) The enactments referred to in subsection (1) of section twenty-one of the Transport Act, 1953 (which provides that the said enactments, being enactments relating to equality of charges, undue preference and certain other matters connected with charges, shall not apply to the Commission) shall not apply to any independent railway undertaking or to any independent inland waterway undertaking in relation to 1888 Act charges.

(2) The following provisions (which relate to the protection of competitors and traders and certain other matters), that is to say, subsections (2) to (5) and (7) of the said section twenty-one, section twenty-two of, and the Fourth Schedule to, the said Act of 1953, and subsection (5) of section eighty-three of the Transport Act, 1947, shall apply to any independent railway undertaking to which section three of this Act applies as they apply to the Commission.

(3) Subsection (6) of the said section twenty-one (which provides for the removal of restrictions on the charges which may be made for carriage by water) shall apply to any independent inland waterway undertaking in relation to 1888 Act charges as it applies to the Commission.

(4) Subsection (1) of section eighty-two of the Transport Act, 1947 (which makes transitional provisions as to charges) shall apply to any independent undertaking to which section three of this Act applies in relation to charges to which the said section three relates as it applies to the Commission:

Provided that the said subsection (1) and any regulations made thereunder shall not apply in relation to any charge which is the subject of a charges scheme for the time being in force with respect to that undertaking by virtue of, or of any order made under, the said section three.

(5) In the application of the provisions of the said Acts of 1947 and 1953 referred to in subsection (2), (3) or (4) of this section to any independent undertaking—

(a) for any reference in those provisions to the Commission there shall be substituted a reference to the undertakers ; and

(b) in subsection (3) of section twenty-one of the said Act of 1953, the reference to the coming into force of a charges scheme shall be construed as a reference to the coming into force with respect to the undertaking of a charges scheme as applied to the undertaking by an order made under subsection (3) of section three of this Act.