London Regional Transport Act 1984

PART III Further Provisions derived from Schedule 3 to the 1969 Act

8 (1) The provisions specified in sub-paragraph (2) below, which confer functions on, or otherwise have effect in relation to, the Executive or (as the case may be) the designated company (within the meaning of the 1969 Act) shall continue to apply in relation to London Regional Transport or (as the case may be) in relation to that company, as they applied, and with respect to any area with respect to which they applied, immediately before the appointed day.

(2) The provisions referred to in sub-paragraph (1) above are—

(a) sections 104 and 109 of the [1934 c. xcvi.] London Passenger Transport Act 1934 ;

(b) sections 64 and 68(1) of the [1937 c. xc.] London Passenger Transport Act 1937;

(c) section 65 of the [1938 c. xcii.] London Passenger Transport Act 1938 ;

(d) section 57 of the [1949 c. xxix.] British Transport Commission Act 1949 ; and

(e) section 15 of the [1951 c. xxxix.] British Transport Commission Act 1951.

(3) Those provisions shall also apply in relation to any subsidiary of London Regional Transport as they apply in relation to London Regional Transport; and section 104 of the Act of 1934 mentioned above (power to erect shelters, etc.) shall also apply (with any necessary modifications) with respect to the routes of any public passenger transport services operated by any person in pursuance of any agreement entered into by London Regional Transport by virtue of section 3(2) of this Act as it applies with respect to the routes of such services operated by London Regional Transport or any subsidiary of theirs.

(4) The functions of the Executive under—

(a) section 69 of the Act of 1937 mentioned above ; and

(b) section 25 of the [1969 c. 1.] London Transport Act 1969 ;

shall continue to be functions of London Regional Transport, exercisable with respect to any area with respect to which they were exercisable immediately before the appointed day.

(5) For the purposes of section 69 of the Act of 1937 mentioned above—

(a) tramcars, trolley vehicles or public service vehicles of any subsidiary of London Regional Transport shall be treated as tramcars, trolley vehicles or public service vehicles of London Regional Transport; and

(b) proceedings brought by any such subsidiary shall be treated as brought by London Regional Transport.

(6) For the purposes of section 25 of the [1969 c. 1.] London Transport Act 1969—

(a) road transport garages, depots, bus stations, shelters or other road transport premises belonging to, leased to or worked by, and any officers and servants of, any subsidiary of London Regional Transport shall be treated respectively as road transport garages, depots, bus stations, shelters or other road transport premises belonging to, leased to or worked by, and officers and servants of, London Regional Transport ; and

(b) any such subsidiary may exercise the power under subsection (3) of that section in any case where the premises (within the meaning of that section) in relation to which the danger, annoyance or hindrance there mentioned arises are premises of that subsidiary and (in the case of any hindrance) the hindrance in question is hindrance to that subsidiary in the lawful use of those premises.

9 (1) The provisions of this paragraph shall have effect in relation to London Regional Transport in place of paragraph 5 of Schedule 16 to the 1968 Act (agreements by the Railways Board to make available the services of the transport police); and any agreement made under that paragraph, as it applied to the Executive, which is in force immediately before the appointed day shall have effect as if made under this paragraph.

(2) The Railways Board may make an agreement with—

(a) London Regional Transport; or

(b) any related company ;

for making available to London Regional Transport or any subsidiary of theirs or (as the case may be) to that company, for such period, to such extent and on such terms as may be specified in the agreement, the services of the British Transport Police Force.

(3) Where such an agreement has been made with any related company members of the British Transport Police Force shall, notwithstanding the provisions of any other enactment but subject to the terms of the agreement, have the same powers to act as constables—

(a) in relation to any premises of that company which have at any time been premises belonging or leased to, or worked by, London Regional Transport; and

(b) in relation to matters connected with or affecting that company or its undertaking ;

as they would have if those premises belonged to London Regional Transport, or (as the case may be) if those matters were connected with or affected London Regional Transport or their undertaking.

(4) The functions exercisable immediately before the appointed day by the Executive under the British Transport Police Force Scheme shall continue to be exercisable by London Regional Transport.

(5) Section 70(5) to (7) of the 1962 Act shall continue to have effect as if " the Boards " included London Regional Transport.

(6) Section 25 of the [1978 c. xxi.] British Railways Act 1978 (which amends provisions of section 53 of the [1949 c. xxix.] British Transport Commission Act 1949 as to the appointment and powers of members of the British Transport Police Force) shall continue to have effect in relation to London Regional Transport as one of the Boards ; and accordingly, in subsection (1), for the words " the London Transport Executive " there shall be substituted the words " London Regional Transport ".

(7) In section 25(4) of the Act of 1978 mentioned above, as it applies in relation to London Regional Transport, for the reference to a wholly owned subsidiary there shall be substituted a reference to any subsidiary (whether wholly owned or not) of London Regional Transport (within the meaning of this Act).

(8) The provisions of sub-paragraphs (4) to (7) above are subject to any agreement made under paragraph 5 of Schedule 16 to the 1968 Act or under this paragraph.

(9) In this paragraph—

(a) " the British Transport Police Force Scheme " means the Scheme set out in the Schedule to the [S.I. 1964/1456.] British Transport Police Force Scheme 1963 (Approval) Order 1964 made under section 69 of the 1962 Act; and

(b) " the British Transport Police Force" means the force established by that Scheme.

10 (1) Paragraph 5(2) and (4) of Schedule 16 to the 1968 Act shall continue to apply to the Bus Company, for the purposes only of any transferred premises, as they apply to the Scottish Transport Group.

(2) The functions exercisable immediately before the appointed day by the Bus Company under the British Transport Police Force Scheme shall continue to be exercisable by the Bus Company, for those purposes only.

(3) Section 70(5) to (7) of the 1962 Act shall continue to have effect as if " the Boards " included, for those purposes only, the Bus Company.

(4) The provisions of sub-paragraphs (2) and (3) above are subject to any agreement made under paragraph 5 of Schedule 16 to the 1968 Act and to any adaptations made under sub-paragraph (4) of that paragraph.

(5) In this paragraph and in paragraph 11 below, references to transferred premises are references to premises transferred under section 16(2) of the 1969 Act.

(6) In this paragraph " the British Transport Police Force Scheme " has the same meaning as in paragraph 9 above.

11 (1) For the purpose only of applying section 54 of the British Transport Commission Act 1949 (powers of search and arrest) to transferred premises, the Bus Company shall continue to be treated as one of the Boards.

(2) In section 20 of the [1982 c. v.] London Transport Act 1982 (which continues section 54 in force as it applies, by virtue of paragraph 6 above, to London Regional Transport)—

(a) the reference to the Executive shall be construed in accordance with sub-paragraph (4) below ; and

(b) the reference to paragraph 1(2)(g) of Schedule 3 to the 1969 Act shall be read as a reference to paragraph 6 above.

(3) In any enactment passed after this Act which provides for section 54 to continue in force for a further period in its application to London Regional Transport, any reference to London Regional Transport shall be construed in accordance with sub-paragraph (4) below.

(4) Any reference which falls to be construed in accordance with this sub-paragraph shall be read as a reference—

(a) to London Regional Transport and any subsidiary of London Regional Transport; and

(b) for the purpose mentioned in sub-paragraph (3) above but for that purpose only, to the Bus Company and any wholly owned subsidiary of the Bus Company.