Transport Act 1962

1. Introductory Text

2. PART I The Boards and the Holding Company

   1. Preliminary

      1. 1. The four Boards

      2. 2. The Regional Railway Boards

   2. The Railways Board

      1. 3. Duty and powers of Railways Board

      2. 4. Railways Board's road services

      3. 5. Railways Board's shipping services and power to provide air services

      4. 6. Railways Board's power to provide hotels

   3. The London Board

      1. 7. Duty and powers of London Board

      2. 8. London Board's road services outside London

   4. The Docks Board

      1. 9. Duty and powers of Docks Board

   5. The British Waterways Board

      1. 10. Duty and powers of British Waterways Board

   6. Provisions concerning all the Boards

      1. 11. Development of land

      2. 12. Pipe-lines

      3. 13. The Boards' powers of manufacture and production

      4. 14. Supplemental provisions relating to the Boards' powers

      5. 15. Compulsory purchase of land

      6. 16. Working agreements involving the delegation of special statutory powers

      7. 17. Power to promote and oppose Bills

   7. Financial provisions

      1. 18. Financial duty of Boards

      2. 19. Borrowing powers of Boards

      3. 20. Exchequer loans

      4. 21. Treasury guarantees

      5. 22. Special provision for Railways Board

      6. 23. Special provision for British Waterways Board

      7. 24. Accounts

   8. Supplemental provisions relating to the Boards

      1. 25. The Boards' subsidiaries

      2. 26. Stamp duty on transfers between Boards and their subsidiaries

      3. 27. Powers of Minister in relation to Boards

      4. 28. Powers exercisable subject to Minister's consent

   9. The Transport Holding Company

      1. 29. The Transport Holding Company

   10. Status of the Boards and the Holding Company

       1. 30. Status of Boards and the Holding Company

3. PART II Division of Commission's Undertaking

   1. Property and functions

      1. 31. Distribution of Commission's assets

      2. 32. Distribution of Commission's statutory functions

      3. 33. The Commission's hotel property

      4. 34. Transfer of staff

      5. 35. Supplementary provisions relating to distribution of Commission's undertaking

   2. Capital debts and other financial provisions

      1. 36. Treasury to take over liability for Transport Stock

      2. 37. Transfer of redemption funds

      3. 38. Extinction of liability of the Commission for certain Exchequer advances

      4. 39. Commencing capital debts of the new bodies

      5. 40. Railways Board's suspended debt

   3. Miscellaneous

      1. 41. Exemptions from stamp duty

      2. 42. Income tax: provisions for determining capital allowances for the Boards

4. PART III Transport Charges and Facilities

   1. General

      1. 43. Charges and facilities: general provisions

   2. Passenger fares in London

      1. 44. Application of current passenger charges scheme in London

      2. 45. Transport Tribunal's power to make orders

      3. 46. Applications for orders

      4. 47. Review of London fares

      5. 48. Special procedure for temporary authorisation of increased charges

      6. 49. Transitional provisions

   3. Charges and conditions at harbours

      1. 50. Port charges and conditions at harbours

      2. 51. Revision of harbour dues

   4. Miscellaneous

      1. 52. Independent railway and inland waterway undertakings

      2. 53. Coastal shipping

      3. 54. Advance information about railway and shipping closures

5. PART IV Miscellaneous and General

   1. The Nationalised Transport Advisory Council, the Consultative Committees and the Transport Tribunal

      1. 55. The Nationalised Transport Advisory Council

      2. 56. The Transport Consultative Committees

      3. 57. The Transport Tribunal

   2. Provisions relating to the Boards

      1. 58. Restrictions on carriage by road in London

      2. 59. Special restrictions on grant to London Board of road service licences

      3. 60. Carriers' licences for vehicles operated by subsidiaries of the Boards and other bodies

      4. 61. Amendment of enactments relating to inland waterways

      5. 62. Local enactments relating to the supply of water for canals

      6. 63. Abstraction of water by British Waterways Board

      7. 64. Temporary suspension of liability to maintain inland waterways

      8. 65. The railway savings banks

      9. 66. Liability of Boards to rates

      10. 67. Bylaws for railways and railway shipping services

      11. 68. Custody of lost property on London Board's transport system

      12. 69. Organisation of transport police

      13. 70. Transport police constables

      14. 71. Terms and conditions of employment of transport police

      15. 72. General provisions as to terms and conditions of employment of staff

      16. 73. The powers of the Boards and the Holding Company as regards pensions and pension schemes

      17. 74. Minister's power to make orders about pensions

      18. 75. Transitional provisions relating to pensions

   3. Transitory provisions concerning the Commission

      1. 76. Power to make grants to Commission

      2. 77. Commission's power to develop land

      3. 78. The Commission's subsidiaries

      4. 79. Power to make special payments on the termination of the appointment of members of the Commission or Executive

      5. 80. Dissolution of Commission

   4. Compensation to officers and servants of the Commission

      1. 81. Compensation to officers and servants of the Commission

   5. Miscellaneous provisions

      1. 82. Modification of enactments relating to Wages Councils

      2. 83. Abandonment of independent railways

      3. 84. Minor amendments relating to railways

      4. 85. Disqualification for membership of House of Commons

      5. 86. Application of Town and Country Planning Acts

      6. 87. Temporary provision as to development of land in London

      7. 88. Application of Tribunals and Inquiries Act, 1958

   6. Supplemental

      1. 89. Duty to give effect to Minister's directions

      2. 90. Inquiries

      3. 91. Repeal of local enactments

      4. 92. Interpretation

      5. 93. Application to Northern Ireland

      6. 94. Minister's expenses

      7. 95. Repeal and savings

      8. 96. Short title and commencement

6. 1. FIRST SCHEDULE

      The Boards, the Regional Railway Boards and the Holding Company

      1. PART I The Four Boards

         1. 1. Bach Board shall be a body corporate with perpetual succession...

         2. 2. Each Board may act notwithstanding a vacancy among its members....

         3. 3. The quorum of the Railways Board shall be five, and...

         4. 4. (1) The application of the seal of any Board shall...

         5. 5. Every document purporting to be an instrument issued by any...

         6. 6. (1) A member of any Board shall hold and vacate...

         7. 7. (1) Before appointing a person to be a member of...

         8. 8. (1) Each Board— (a) shall pay to the members thereof...

      2. PART II The Regional Railway Boards

         1. 9. The chairman and other members of each Regional Railway Board...

         2. 10. (1) Each Regional Railway Board shall consist of a chairman'...

         3. 11. (1) A member of a Regional Railway Board, other than...

         4. 12. (1) The Railways Board— (a) shall pay to the members...

         5. 13. The procedure of each Regional Railway Board, including the quorum...

      3. PART III The Holding Company

         1. 14. (1) A director of the Holding Company shall hold and...

         2. 15. (1) The Holding Company— (a) shall pay to the directors...

         3. 16. (1) The Holding Company may act notwithstanding a vacancy among...

   2. SECOND SCHEDULE

      Transfer of Commission's Statutory Functions

      1. PART I Public Acts

         1. The Railway Fires Act, 1905 5 Edw. 7.c. 11

         2. The London Passenger Transport Act, 1933 23 & 24 Geo. 5. c. 14

         3. The Public Health (London) Act, 1936 26 Geo. 5 and 1 Edw. 8. c. 50

         4. The Criminal Justice Act, 1948 11 & 12 Geo. 6. c. 58

         5. The Coast Protection Act, 1949 12, 13 & 14 Geo. 6. c. 74

            1. 1. (1) In paragraph (d) of subsection (2) and subsection (8)...

            2. 2. In paragraph (c) of the proviso to subsection (4) of...

         6. The Diseases of Animals Act, 1950 14 Geo. 6. c. 36

         7. The Education (Miscellaneous Provisions) Act, 1953 1 & 2 Eliz. 2. c. 33

         8. The Post Office Act, 1953 1 & 2 Eliz. 2. c. 36

         9. The Transport Charges &c. (Miscellaneous Provisions) Act, 1954 2 & 3 Eliz. 2. c. 64

         10. The Food and Drugs Act, 1955 4 Eliz. 2. c. 16

         11. The Food and Drugs (Scotland) Act, 1956 4 & 5 Eliz. 2. c. 30

         12. The Highways Act, 1959 7 & 8 Eliz. 2. c. 25

         13. The Road Traffic Act, 1960 8 & 9 Eliz. 2. c. 16

         14. Act of the Parliament of Northern Ireland The Criminal Justice Act (Northern Ireland), 19531953 c. 14

      2. PART II The Railway Local Acts Relating to Road Transport, Shipping and Air Transport

         1. The Railway Road Transport Acts of 1928

            1. 1. (1) In the Railway Road Transport Acts of 1928—

         2. The Railway Shipping Acts

            1. 2. (1) In the Railway Shipping Acts for references to the...

         3. The Railway Air Transport Acts of 1929

            1. 3. (1) In the Railway Air Transport Acts—

      3. PART III Other Functions under Local Enactments

         1. The London Passenger Transport Acts of 1934 to 1947

         2. The British Transport Commission Act, 1949 12 & 13 Geo. 6. c. xxix

         3. The British Transport Commission Order Confirmation Act, 1953 1 & 2 Eliz. 2. c. xx

         4. The British Transport Commission Act, 1953 1 & 2 Eliz. 2. c. xlii

         5. The British Transport Commission Act, 1954 2 & 3 Eliz. 2. c. lv

         6. The British Transport Commission Act, 1957 5 & 6 Eliz. 2. c. xxxiii

         7. The British Transport Commission Act, 1958 6 & 7 Eliz. 2. c. xliv

         8. The British Transport Commission Order Confirmation Act, 1959 7 & 8 Eliz. 2. c. xxxvi

         9. The British Transport Commission Act, 1959 7 & 8 Eliz. 2. c. xliv

         10. The British Transport Commission Act, 1961 9 & 10 Eliz. 2. c. xxxvi

      4. PART IV The Railways Clauses Acts

   3. THIRD SCHEDULE

      Distribution of Commission's Harbours

      1. PART I Railways Board's Harbours

      2. PART II Docks Board's Harbours

      3. PART III British Waterways Board's Harbours

   4. FOURTH SCHEDULE

      Distribution of Commission's Securities

      1. PART I The Railways Board's List

         1. LIST A Companies all the shares in which are owned by the Commission

         2. LIST B Other bodies

      2. PART II The Docks Board's List

      3. PART III The British Waterways Board's List

         1. (The following bodies are companies all the shares in which are owned by the Commission)

      4. PART IV The Holding Company's List

         1. LIST A Companies all the shares in which are owned by the Commission

         2. LIST B Other bodies

      5. PART V

         1. 1. (1) Subject to sub-paragraph (3) of this paragraph, the right...

         2. 2. Subject to the following provisions of this Act, any rights...

      6. PART VI

         1. 3. If at the vesting date there is a subsidiary of...

         2. 4. If at the vesting date the Commission owns securities in...

   5. FIFTH SCHEDULE

      Miscellaneous Items in the Distribution of the Commission's Assets

      1. 1. There shall be transferred to the Railways Board—

      2. 2. There shall be transferred to the London Board—

      3. 3. There shall be transferred to the Docks Board liability under...

      4. 4. There shall be transferred to the British Waterways Board any...

      5. 5. There shall be transferred to the Holding Company—

      6. 6. (1) This paragraph applies to any agreement—

   6. SIXTH SCHEDULE

      Distribution of Commission's Undertaking

      1. Distribution of property among the Boards

         1. 1. (1) It shall be the duty of the Boards so...

      2. Construction of Agreements, Statutory Provisions and Documents

         1. 2. (1) On and after the vesting date any agreement to...

      3. Third parties affected by vesting provisions

         1. 3. (1) Without prejudice to the provisions of the last foregoing...

      4. Minister's power to alter distribution of property and functions

         1. 4. (1) The Minister shall have power— (a) for the purpose...

      5. Special provisions relating to transferred heritage in Scotland

         1. 5. (1) This paragraph applies to any heritable property or right...

      6. Transitory protection for Boards affected by works carried out by another Board

         1. 6. (1) This paragraph applies in relation to works which a...

   7. SEVENTH SCHEDULE

      Transitional Provisions

      1. PART I Transport Stock

         1. 1. Any certificate issued or other thing done before the vesting...

         2. 2. (1) Any direction relating to the payment of interest to...

         3. 3. (1) If the vesting date does not fall at the...

         4. 4. If the vesting date does not fall at the end...

      2. PART II Passenger Fares in London

         1. 5. In the application of subsection (4) of section forty-five and...

         2. 6. (1) If immediately before the date when section forty-four of...

         3. 7. Any application by the Commission under section forty-six of this...

      3. PART III Consultative Committees

         1. Areas and members of existing Consultative Committees

            1. 8. The areas for which under section six of the Transport...

         2. Pending representations and recommendations about railway passenger closures

            1. 9. If immediately before the date on which the principal section...

         3. Other pending matters

            1. 10. (1) If immediately before the date on which the principal...

         4. Directions

            1. 11. (1) If when the principal section comes into force there...

      4. PART IV Pensions

         1. Employees' rights to continue to participate in pension schemes after transfer

            1. 12. (1) A person who at any time after the passing...

            2. 13. (1) The Minister may make orders with respect to the...

         2. Provisions to be included in orders about pensions

            1. 14. (1) The Minister shall in exercise of the powers conferred...

         3. Existing pensions payable by Commission as of grace

            1. 15. (1) This paragraph applies to annual and other periodical payments...

            2. 16. (1) If it appears to the Minister, upon representations made...

         4. Continuation of existing pension regulations, etc.

            1. 17. (1) Sections ninety-eight to one hundred of the Transport Act,...

      5. PART V Consequences of Dissolution of Commission

         1. Accounts, audit and report

            1. 18. (1) The Railways Board shall prepare a statement of the...

            2. 19. (1) The Minister shall arrange that auditors are appointed under...

            3. 20. The Railways Board shall send a copy of any statement...

            4. 21. The Railways Board shall be given by the other Boards...

            5. 22. (1) The Railways Board shall as soon as possible after...

         2. Pensions and other payments to members of the Commission

            1. 23. (1) Part II of this Act shall not apply to...

            2. 24. The London Board, the Docks Board, the British Waterways Board...

   8. EIGHTH SCHEDULE

      Transport Charges and Facilities

   9. NINTH SCHEDULE

      Port Charges

      1. Ship, passenger and merchandise dues

         1. 1. (1) The ship, passenger and merchandise dues chargeable by the...

         2. 2. (1) This paragraph applies to ship, passenger and merchandise dues...

         3. 3. (1) This paragraph applies to the ship, passenger and merchandise...

         4. 4. In calculating any maximum charge for the purposes of paragraphs...

      2. Other port charges

         1. 5. The port charges, other than ship, passenger and merchandise dues,...

      3. General

         1. 6. (1) A list showing the port charges for the time...

   10. TENTH SCHEDULE

       Constitution, Powers and Proceedings of the Transport Tribunal

       1. Constitution

          1. 1. The Transport Tribunal shall be a court of record and...

          2. 2. (1) The tribunal shall consist of a president who shall...

          3. 3. The members of the tribunal shall be appointed by Her...

       2. Tenure of office

          1. 4. (1) The president shall hold office during good behaviour, but...

       3. Vacancies and temporary absence

          1. 5. (1) The tribunal may act notwithstanding any vacancy, but if...

       4. The special panel

          1. 6. (1) For the purposes of the tribunal's jurisdiction under Part...

       5. Officers and servants

          1. 7. The tribunal may appoint a clerk and such other officers...

       6. Remuneration and expenses

          1. 8. (1) There shall be paid to the members of the...

          2. 9. Any remuneration payable under the last foregoing paragraph and any...

       7. Powers and proceedings

          1. 10. (1) The tribunal shall, for the purposes of the exercise...

          2. 11. (1) The tribunal may, from time to time, with the...

          3. 12. (1) The Minister shall give to the tribunal such assistance...

          4. 13. Subject to this Act and to any rules made thereunder,...

          5. 14. The decisions of the tribunal shall be by a majority...

       8. Appeals

          1. 15. (1) An appeal shall lie, in accordance with rules made...

       9. Annual report

          1. 16. The tribunal shall annually make a report to the Minister...

   11. ELEVENTH SCHEDULE

       Application to Northern Ireland

       1. PART I Provisions extending to Northern Ireland

       2. PART II Modifications

          1. 1. In subsection (5) of section two and in paragraph 15...

          2. 2. In section seventeen, references to Bills in Parliament shall include...

          3. 3. In subsection (8) of section thirty-four, for references to the...

          4. 4. In subsection (2) of section seventy-two, the reference to the...

          5. 5. In subsection (5) of section seventy-four, the reference to the...

          6. 6. A referee or board of referees for the purposes of...

          7. 7. In subsection (6) of section seventy-four, subsection (7) of section...

          8. 8. In subsection (9) of section seventy-four, for the reference to...

          9. 9. In sub-paragraph (3) of paragraph 1 of the Sixth Schedule,...

          10. 10. An arbitrator for the purposes of paragraph 3 of the...

          11. 11. References to enactments or statutory provisions include references to enactments...

   12. TWELFTH SCHEDULE

       Repeals

       1. PART I Transport Charges and Facilities

       2. PART II Public Acts