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Railways Act 1921

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This is the original version (as it was originally enacted).

78Provision for applications by public authorities in certain cases.

(1)Where under this Act an application may be made by a representative body of traders, or by a body of persons representative of trade or a locality, the application may be made by any of the following authorities or bodies—

(a)any harbour board, or conservancy authority, the common council of the City of London, or the council of any county or borough or district; or

(b)any such association of traders or freighters, or chamber of commerce, shipping, or agriculture as may obtain a certificate from the Board of Trade that it is, in the opinion of the Board of Trade, a proper body to make such an application.

(2)Subject as in this section provided, no company, body, or person not directly interested in the subject-matter of any application shall be entitled to make such application.

(3)Any authority or body as aforesaid may appear in opposition to any application, representation, or submission in any case where such authority, or the persons represented by them, appear to the Board of Trade to be likely to be affected by the decision on any such application, representation, or submission.

(4)The Board of Trade may, if they think fit, require as a condition of giving a certificate under this section, that security be given in such manner and to such amount as they think necessary, for costs which may be incurred.

(5)Any certificate granted under this section shall, unless withdrawn, be in force for twelve months from the date on which it was given.

(6)Any expenses incurred by any such authority in or incidental to any such application or opposition shall be defrayed out of the rate or fund out of which the expenses of the authority in the execution of their Ordinary duties are defrayed, and, in the case of a rural district council in England, shall be defrayed as general expenses unless the Minister of Health directs that they shall be defrayed as special expenses.

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