Ss. 5, 7 repealed by Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), Sch. 8
Ss. 6, 8 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I
Ss. 5, 7 repealed by Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), Sch. 8
Ss. 6, 8 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I
The text of ss. 9, 15(5), 16, 22, 24(4) and Schs. 3 and 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Words repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 3, Sch. 1 (with
S. 9(2) repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 3, Sch. 1 (with
The text of ss. 9, 15(5), 16, 22, 24(4) and Schs. 3 and 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Ss. 11, 12 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14
S. 14 repealed by Transport (Finance) Act 1982 (c. 6, SIF 102), Sch. Pt. I
The text of ss. 9, 15(5), 16, 22, 24(4) and Schs. 3 and 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
S. 17 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. III
Ss. 19, 20 repealed by Transport Act 1980 (c. 34), s. 58(1)(b), Sch. 9 Pt. II
“London Regional Transport” substituted (E.W.) for “the London Transport Executive” by London Regional Transport Act 1984 (c. 32, SIF 126) , s. 71(3) ( a ), Sch. 6 para. 14
The text of ss. 9, 15(5), 16, 22, 24(4) and Schs. 3 and 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Power of appointment conferred by s. 24(1) fully exercised: S.I. 1978/1150, 1187, 1289
Definition of “the 1960 Act” repealed by Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), Sch. 8
Definition of “the 1972 Act” repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 3, Sch. 1 Part I (with
The text of ss. 9, 15(5), 16, 22, 24(4) and Schs. 3 and 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
The text of ss. 9, 15(5), 16, 22, 24(4) and Schs. 3 and 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
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In section 96 of the 1968 Act (restrictions on drivers’ hours), after subsection (11A) (added by the
But a person shall not be liable to be convicted under subsection (11A) if— he proves the matters specified in paragraph (i) of subsection (11); or being charged as the offender’s employer or a person to whose orders the offender was subject, he proves the matters specified in paragraph (ii) of that subsection.
It shall be the duty of the Secretary of State to promote a national policy for the use of inland waterways for commercial transport.
On the appointed day there shall be transferred to, and vested in, the British Railways Board all those securities (within the meaning of the 1968 Act) of Freightliners Limited which immediately before that day are vested in the National Freight Corporation.
On that day—
any liabilities of N.F.C. under guarantees given by them in respect of obligations of Freightliners Limited shall be transferred to, and become liabilities of, that Board; and
the rights and liabilities of N.F.C. under contracts of employment with persons employed by them wholly or mainly in connection with the undertaking of Freightliners Limited shall be transferred to, and become rights and liabilities of, the Board.
The following provisions of the 1968 Act—
section 135(1) (regulations as to compensation of employees); and
Schedule 4 (supplementary provisions about transfers of property etc.),
and also any regulations made under section 135(1) of the 1968 Act before the coming into force of this section, apply as if the transfers effected by subsections (1) and (2) above were transfers under section 8(4) of that Act (the appointed day counting as the “
Section 136(2) and (4) of the 1968 Act (transfers in connection with pension schemes and preservation of pension rights) apply in the same way; and for the purposes of section 136(4)(c), Freightliners Limited is to be treated (despite section 51(5) of that Act, which made it a joint subsidiary both of the British Railways Board and N.F.C.) as having become a subsidiary of the British Railways Board only on the appointed day.
The 1968 Act shall be amended as follows—
in section 7(4)(b) (restriction on alteration of proportion of interests in Freightliners Limited by means of a scheme), for the words from the beginning to “entitled in” substitute “for transferring any intreest in securities of”;
in section 42(3) (power of Secretary of State to vary amount of commencing capital debt of British Railways Board), for the words “specified in subsection (2)(b) of this section” onwards substitute “of the commencing capital debt of the Board as determined by or under any enactment for the time being in force, where that appears to him expedient to take account of any transfer of property, rights or liabilities under section 7(5) or (6) or 8(4) of this Act”; and
in paragraph 3 of Schedule 2 (power of Secretary of State to vary commencing capital debt of N.F.C. etc.), for the words from “where that appears” to “of this Act; or” substitute “or, in the case of the Freight Corporation, its commencing capital debt as determined by or under any enactment for the time being in force, where that appears to him expedient to take account”.
It shall be within the powers of the British Railways Board—
where it appears to them expedient with a view only to achieving the more productive use of road vehicles predominantly used for the carriage of containers which have been or are to be carried by rail, to use such vehicles for any carriage of containers; and
where they have entered into a contract for the carriage of containers or goods in containers (with or without provisions in the contract specifying whether the carriage is to be by road or by rail), and the contract is to be performed predominantly by rail carriage, to use any road vehicles in partial discharge of their obligations under the contract;
and “
The annual report made by the Board under section 4 of the
In this section “
Section 8 of the Railways Act 1974 (grants to assist provision of facilities for freight haulage by rail) shall be amended as follows—
in subsection (1), after “for or in connection with” insert “the carriage of freight by rail or”;
in subsection (2), after “include” insert “rolling stock”, and before “loading or unloading” insert “carriage”.
The Secretary of State may, with the approval of the Treasury, out of money provided by Parliament make grants to the National Freight Corporation in respect of any expenditure of a capital nature incurred or to be incurred during the period 1st July 1978 to 31st December 1981 by National Carriers Limited or any of its subsidiaries.
Any grants under this section shall be made on such terms and conditions as the Secretary of State may with the approval of the Treasury determine; and the amounts of the grants shall be determined so that—
the amount for the year 1980 is less than that for the year 1979, and the amount for the year 1981 is less than that for the year 1980; and
the aggregate amount of the grants does not exceed £15 million.
The Secretary of State may, with Treasury approval, out of money provided by Parliament reimburse the National Freight Corporation to such extent as he considers appropriate, and on such terms as he may with that approval determine, in respect of amounts paid by N.F.C., N.C.L. or any subsidiary of N.C.L. to the British Railways Board and
Section 6(1) of the
omit “and” at the end of paragraph (c);
at the end of paragraph (d) add—
and
compensation payable under Part IV of Schedule 5 to the Transport (London) Act 1969 (control of off-street parking in Greater London) or any corresponding provisions in an Order in Council under section 11 of the Transport Act 1978 (provision to the same effect for the remainder of Great Britain)
for “(a) to (d)” substitute “(a) to (e)”.
There are hereby authorised—
all such charges or increased charges on public funds as may result from sections 1(5), 3(1), 15 and 17 of this Act;
increased payments out of money provided by Parliament attributable to sections 16 and 22 of this Act;
such other increased payments out of money so provided as may result from provisions of this Act which increase the administrative expenses of local authorities and government departments; and
any increase attributable to this Act in the sums payable into the Consolidated Fund under any other enactment.
This Act shall come into force on a day appointed by the Secretary of State by order in a statutory instrument; and different days may be so appointed for different provisions and different purposes.
In this Act—
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A reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.
The enact,ments specified in Schedule 4 to this Act are repealed to the extent specified in the third column of the Schedule.
This Act may be cited as the Transport Act 1978.
Sections 1 to 4 and 22 of this Act do not extend to Scotland.
This Act, except sections 15, 17 to 21 and 23 to 25, does not extend to Northern Ireland.