This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and for Northern Ireland only
Ss. 53(2), 55, 56(11)(16)(18) repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I
Words in s. 56(5) repealed (1.4.1994) by 1993 c. 43, s. 78(2), 152(3), Sch. 14; S.I. 1994/571, art. 5.
S. 56(6ZA) inserted (E.W.S.)(1.4.1994) by 1993 c. 43, s. 78(5); S.I. 1994/571, art. 5.
S. 56(6A) inserted (E.W.S.) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 21(1); S.I. 1992/2784, art. 2(a), Sch. 1
S. 56(11)(16)(18) repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I
S. 56(19) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI
S. 56(20) added (E.W.S.)(1.4.1994) by 1993 c. 43, s. 78(6); S.I. 1994/571, art. 5.
S. 56A repealed (1.4.1994) with saving and superseded by 1993 c. 43, ss. 49(1)(b), 152(3), Sch. 14; S.I. 1994/571, art. 5.
S. 57, except subsection (7), repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8
Ss. 58, 59 repealed by Transport (London) Act 1969 (c. 35), Sch. 6
S. 60 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI
S. 61(1) repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I
S. 61(3) repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I
S. 61(4) repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Part I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
S. 63(3)(6)(15) repealed by Water Resources Act 1963 (c. 38), Sch. 14 Pt. II
Words substituted by virtue of S.I. 1970/1681, Sch. 3 para. 20(1)
S. 64 repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I
Words substituted by virtue of Transport (London) Act 1969 (c. 35), Sch. 3 para. 3
S. 66 repealed by (E.W.) General Rate Act 1967 (c. 9), Sch. 14 and (S.) S.I. 1978/1174, art. 9
Word "may" substituted (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 para. 2(1)(a)
Word "Board" substituted (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 para. 2(1)(a)
S. 67(2A) inserted (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 para. 2(1)(b)
S. 67(3) substituted (E.W.S.) by Transport Act 1981 (c. 56, SIF 126), s. 37
Words substituted (E.W.) by Criminal Law Act 1982 (c. 48, SIF 39:1), s. 46
Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
S. 67(9A) inserted (1.4.1994) by 1993 c. 43, s. 129(3); S.I. 1994/571, art. 5.
S. 67(14) repealed (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7
S. 67(15): words "London Regional Transport" substituted (E.W.) for "the London Transport Executive" 1984 c. 32, s. 67(2)(3), Sch. 4 para. 2(1)(c)
S. 67(16): words "London Regional Transport" substituted (E.W.) for "the London Transport Executive" by 1984 c. 32, s. 67(2)(3), Sch. 4 para. 2(1)(c)
S. 68 repealed (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)( b ), Sch. 7
S. 68(1) repealed (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7
S. 69 repealed (8.3.1994) by 1993 c. 43, ss. 132(8), 152(3), Sch. 10 para. 3(1), Sch.14; S.I. 1994/571, art. 2.
S. 70(7) repealed (S.) by British Railways Order Confirmation Act 1980 (c. xxviii), Sch. para. 4
S. 71 repealed (8.3.1994) by 1993 c. 43, ss. 132(8), 152(3), Sch. 10 para. 3(1), Sch. 14; S.I. 1994/571, art. 2
Words substituted by virtue of S. I. 1968/729, arts. 2(1), 3(2)
S. 72(4) repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I
Words in s. 74(6)(f) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 16(2) (with s. 81(2)); S.I. 1996/3146, art. 3 (subject to transitional provisions in Sch. 2, art. 4).
Words repealed by Statute Law Revision (Consequential Repeals) Act 1965 (c. 55)
Words substituted by virtue of S.I. 1968/1656, arts. 2(1)(c), 3(2)
Words substituted by virtue of S. I. 1968/729, arts. 2(1), 3(2)
Words in s. 81(7) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 16(3) (with s. 81(2)); S.I. 1996/3146, art. 3 (subject to transitional provisions in Sch. 2, art. 4).
S. 82 repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. IV
Words substituted by (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Proceedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G.
S. 83(6) repealed (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. I; S.I. 1992/2784, art. 2, Sch. 2 Pt.I
S. 84(1) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI
S. 85 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I
Words repealed by S.I. 1970/1681, Sch. 4
S. 86(6A) inserted by S.I. 1970/1681, Sch. 3 para. 20(2)
Words in s. 86(6A) substituted by S.I. 1976/1775, art. 6(1), Sch. 3 para. 6(1)
Words in s. 86(6A) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), SCH. para. 1
S. 86(7) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI
S. 87 repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I
S. 88 repealed by Tribunals and Inquiries Act 1971 (c. 62), Sch. 4 Pt. I
Words substituted by S.I. 1968/656, Sch.
Definitions of “contract carriage”, “express carriage” and “stage carriage” repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8
Definitions repealed by Transport (London) Act 1969 (c. 35), Sch. 6
Words substituted by virtue of S.I. 1981/238, arts. 2(2), 3(2)(3)
Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30 Sch. 2
Words repealed by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 4 and expressed to be repealed (1.4.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 5.
S. 93(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
S. 95(1)(2)(5) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI
Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)
S. 56 excluded (21.7.1994) by 1994 c. xv, s. 17(4).
S. 56 extended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 41(4)
S. 56 amended by Transport Act 1968 (c. 73), ss. 54, 55
S. 56 excluded by Heathrow Express Railway Act 1991 (c. vii), s. 41(1) (with s. 36(1))
S. 56 (definition of "central committee") applied by Heathrow Express Railway Act 1991 (c. vii), s. 41(2) (with s. 36(1))
S. 56 excluded (16.3.1992) by London Underground Act 1992 (c. iii), s. 38
S. 56 excluded (27.7.1993) by 1993 c. xv, s. 13(5)
S. 56(4) extended by Transport Act 1985 (c. 67, SIF 126), s. 123(4)(6)
S. 56(4) extended (with modifications) by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 41(1)(a)
The text of ss. 13(4), 20(4), 36(4), 37, 61(2), 68(1), 84(2)(4), the reference in Sch. 2 to London Passenger Transport Act 1933 and Sch. 11 Pt. II para 8, (which para. is now spent), 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. 63 repealed (E.W.) by Water Resources Act 1963 (c. 38), Sch. 14 Pt. II
S. 67 extended by Transport Act 1968 (c. 73), Sch. 16 para. 4
S. 67 restricted (prosp.) by 1999 c. 29, ss. 245, 425, Sch. 17 para. 8(1)(2)(3)(b)(4) (with Sch. 12 para. 9(1))
S. 67(2) extended by S.I. 1972/971, Sch. 1, Pt. A (as amended by S.I. 1979/1309, art. 2(a))
The text of ss. 13(4), 20(4), 36(4), 37, 61(2), 68(1), 84(2)(4), the reference in Sch. 2 to London Passenger Transport Act 1933 and Sch. 11 Pt. II para 8, (which para. is now spent), 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 “said Act of 1933” means London Passenger Transport Act 1933 (c. 14)
Power to modify s. 70 conferred by Transport Act 1978 (c. 73), Sch. 16 para. 5(4)
S. 72 excluded by Transport Act 1968 (c. 73), s. 137(8)
S. 73 extended by Transport Act 1968 (c. 73), s. 136
S. 73 amended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 25(1)
S. 74 extended by Transport Act 1968 (c. 73), s. 136 and Transport Act 1980 (c. 34), s. 45, Sch. 6 para. 7
S. 74 extended by Transport Act 1981 (c. 56, SIF 126), Sch. 1 para. 1(1) and by Transport Act 1982 (c. 49, SIF 126), s. 5, Transport Act 1985 (c. 67, SIF 126), s. 52(1) and Transport (Scotland) Act 1989 (c. 23, SIF 126), s. 12(1)
S. 74 amended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), ss. 25, 71(2), Sch. 5 para. 7
S. 74 extended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), ss. 26(1), 71(2), Sch. 5 para. 7
S. 74(2)(a) modified (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126),
S. 74(6) amended by Employment Protection (Consolidation) Act 1978 (c. 44), s. 130, Sch. 10 para. 21
S. 83(7) amended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 para. 6(2)(a)(5)
The text of ss. 13(4), 20(4), 36(4), 37, 61(2), 68(1), 84(2)(4), the reference in Sch. 2 to London Passenger Transport Act 1933 and Sch. 11 Pt. II para 8, (which para. is now spent), 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. 86 extended by Transport Act 1968 (c. 73), s. 141
“The Minister” means The Secretary of State: S.I. 1970/1681, art. 2(1)
References to Town and Country Planning Acts to be construed as references to (E.W.) Town and Country Planning Act 1971 (c. 78): ibid., Sch. 24, para. 2 and (S.) Town and Country Planning (Scotland) Act 1972 (c. 52): ibid., Sch. 22 para. 2
S. 86 amended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 para. 7(1)
S. 86 modified (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 para. 7(2)
Functions of Secretary of State for the Environment under s. 86(6A), except so far as relates to functions exercisable in relation to British Waterways Board, now exercisable by Secretary of State for Transport: S.I. 1976/1775, art. 2(1), Sch. 1, 1979/571 art. 2 and 1981/238, art. 2(1)(a)
S. 89 extended by Transport Act 1968 (c. 73), s. 52(3)
Power to amend s. 90(2) conferred by Public Expenditure and Receipts Act 1968 (c. 14), s. 5(1), Sch. 3
Power of appointment conferred by s. 96(2) fully exercised see S.I. 1962/1788, 2634, 1964/2025
1857 c. cxlviii.
1873 c. clxxxi.
1885 c. cxlvii.
1895 c. cxxii.
1873 c. clxxxi.
1885 c. cxlvii.
1968 c.59 (111).
1935 c. cx.
1884 c. clxi.
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Subject to the following provisions of this section, it shall be the duty of the Central Committee and of each Area Committee to consider and, where it appears to them to be desirable, make recommendations with respect to any matter affecting the services and facilities provided by any of the Boards—
which has been the subject of representations (other than representations appearing to the committee to be frivolous) made to the committee by or on behalf of users of those services or facilities, or
which has been referred to the committee by the Minister or by a Board, or
which appears to the committee to be a matter to which consideration ought to be given;
and copies of the minutes, conclusions and recommendations of each committee shall be sent to the Board concerned and—
in the case of any Area Committee, to the Central Committee; and
in the case of the Central Committee and the Area Committees for Scotland and for Wales and Monmouthshire, to the Minister.
Where the Minister receives a recommendation under subsection (4) of this section he may give to the Board concerned such directions as he thinks fit with respect to the matters dealt with in the recommendation.
If the Secretary of State so directs in the case of any consultative committee, subsections (4) to (6) of this section shall have effect in relation to that committee and the Central Committee as if the reference in subsection (4) of this section to services and facilities provided by any of the Boards included a reference to any such ferry service as may be specified in the direction, whether provided by a Board or by some other person; and, in the application of subsections (4) to (6) of this section in relation to any such ferry service, any reference in those subsections to a Board shall be taken to include a reference to the person providing the ferry service.
An Area Committee may consider, and if they think fit object to, any proposal for the discontinuance of railway services made in an application for an order under section 1 of the Transport and Works Act 1992 or made by the Secretary of State by virtue of section 7 of that Act.
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In this section—
“
“
a Rail Users’ Consultative Committee established under the Railways Act 1993; or
so far as relating to the Greater London area, within the meaning of section 2 of that Act, the London Regional Passengers’ Committee.]
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Any objection or application which, before the date on which this section comes into force, was referable to the tribunal under the
Any objection or application under the said Act which is pending before the tribunal on that date shall be proceeded with before a referee appointed under this subsection in such manner as the Minister may direct.
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Sections thirty-five and thirty-six of the Transport Act, 1947 (under which the Commission may apply a licensing system to canal carriers on an inland waterway belonging to them), shall cease to have effect.
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The definition of “
Any local enactment which authorises the British Waterways Board to take water for the purpose (whether express or implied) of using the water for a canal owned or managed by the British Waterways Board, or for purposes which include that purpose, shall have effect as if that purpose included the purpose of selling, or affording the use of, water from the canal; and the British Waterways Board may exercise their powers under Part I of this Act accordingly.
The foregoing subsection shall not be taken as authorising the British Waterways Board—
to disregard any restriction, whether as regards quantity or rate or otherwise, on the water which may be taken from any source, or
to affect the level or flow of water in any part of the canal, or in any river or watercourse fed from the canal, to a degree which conflicts with any of the Board’s obligations, and in particular with any statutory obligation to maintain the canal in a navigable condition.
Subject to this section the British Waterways Board shall not without the consent of the Minister sell water from an inland waterway—
unless the water is abstracted at a point at which water was being abstracted before the passing of this Act, and
unless the quantity of water sold in the period of twelve months beginning with the vesting date, and in each subsequent period of twelve months, does not exceed the quantity abstracted at that point in the period of twelve months ending with the passing of this Act, and
unless the land or premises on which the water is used is the same as that on which the water was used before the passing of this Act.
If on the vesting date the British Waterways Board become subject to an obligation to sell water such that the quantity they are obliged to sell is limited, whether by reference to the average rate of abstraction, or the quantity abstracted in any period, or otherwise, then, so long as the terms of the obligation are not varied, subsection (1) of this section shall not apply to the sale of water in discharge of the obligation.
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The British Waterways Board shall serve on the persons specified in this section notice of any application made by them for the consent of the Minister, giving sufficient particulars of their proposals and of the terms of the consent applied for, and stating that the person on whom the notice is served should submit any objections to the Minister within twenty-eight days of service of the notice and should within that time send a copy of any such objection to the Board.
The British Waterways Board shall publish in one or more newspapers circulating in the area in which the point of abstraction is situated a notice of any application made by them for the consent of the Minister, giving sufficient particulars of their proposals and of the terms of consent applied for.
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In Scotland the persons on whom the notice is to be served shall be—
the council of the county or burgh in which the point of abstraction is situated,
the river purification authority in whose area the point of abstraction is situated and any other river purification authority on whom the Minister after consultation with
any salmon fishery district board on whom the Minister after consultation with
the local water authority within whose limits of supply the point of abstraction is situated and any other local water authority on whom the Minister after consultation with
The British Waterways Board shall give the Minister such information as he may require to determine whether any directions should be given under the two last foregoing subsections.
The Minister shall not entertain the application unless he is satisfied that all the required notices have been duly given; and the Minister shall take into consideration any objections duly made by the persons on whom they have been served.
The Minister in considering the application and the terms in which any consent ought to be given shall have regard—
to the importance of the uses to which the abstracted water will be put and to the present and future needs of statutory water undertakers, industry and agriculture, and
to the effect which the proposals may have on fisheries, land drainage or public health, or on the inland waterway directly affected or any other inland waterway or stream, and
to the extent to which the abstracted water will be returned,
and shall, before giving his consent as respects any inland waterway in Scotland, consult the Secretary of State.
The Minister may give his consent either in the terms requested in the application, or in any other terms, but shall not afford terms more favourable than those requested unless he is satisfied that all the authorities concerned have had an opportunity of considering those terms and making objections.
The terms of any consent given by the Minister shall be transmitted by the British Waterways Board to each of the persons on whom they are required in pursuance of this section to serve notice of their application for consent.
The Commission shall before the vesting date compile for the use of the British Waterways Board a record of all cases in which, in the period of twelve months ending with the passing of this Act, they were abstracting water from inland waterways for use on any land or premises, and shall include in the record particulars of the land or premises on which the water was used, of the points of abstraction, of the total quantities abstracted in the said period, and of any contract under which they were obliged to sell the water.
The British Waterways Board shall give reasonable facilities for the inspection of the record by representatives of the authorities described in subsections (6) and (7) of this section, and shall, at the request of any such authority, give them any information as to the contents of the record.
In this section—
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References in this section to the sale by the British Waterways Board of water from an inland waterway include references to any arrangements whereby the Board for valuable consideration abstract, or authorise the abstraction of, the water of an inland waterway for use by some other person, whether or not the water is returned after use.
The granting of consent under this section shall not be taken as authorising the British Waterways Board to do anything which they would not have power to do apart from the provisions of this section.
In this section—
“
section twenty-three of the
section forty-five of the
section eighteen of the
section sixty-one of the
section ninety-nine of the
section three of the
and any other savings bank for which the Commission was responsible before the vesting date and which primarily served those employed by the Commission on their railways;
“
in relation to the savings bank established under the
in relation to any other railway savings bank, the Railways Board.
Part II of this Act shall not apply to the property, rights and liabilities of the Commission so far as held and subsisting for the purposes of any railway savings bank, but all such property, rights and liabilities shall by virtue of this section be transferred on the vesting date to the appropriate Board and held assumed by that Board subject in all respects to the duties and obligations to which the Commission were subject immediately before the vesting date.
As from the vesting date, for references to the Commission in the enactments listed in subsection (1) of this section and in any other statutory provision, so far as that provision relates to a railway savings bank, there shall be substituted references to the appropriate Board, and for references in any such enactment to any officer or servant of, or person appointed by, the Commission there shall be substituted a reference to such person as the appropriate Board may appoint or, in default of appointment, in the case of references to any officer or servant of the Commission, to the officer or servant of that Board who corresponds as nearly as may be to the first mentioned officer or servant.
Subject to this section, the persons entitled to deposit money in the railway savings banks established under section forty-five of the
existing depositors,
persons employed by the Railways Board,
persons who, owing to incapacity arising from ill health or on reaching retirement age, have retired from service with the Railways Board or the Commission or the railway company by which the savings bank was established,
members of the families of persons of any of the foregoing descriptions,
any group, society or association the members of which consist, or mainly consist, of persons of any of the foregoing descriptions.
The persons entitled to make deposits in any railway savings bank other than those to which the last foregoing subsection applies shall be the persons who are depositors in that bank on the vesting date, and, where any such depositor is a man who dies leaving a widow, his widow during her widowhood.
So much of the enactments listed in the definition of railway savings banks in subsection (1) of this section as relates to the charging of deposits on the undertaking or profits of any body shall cease to have effect.
The Railways Board
with respect to tickets issued for entry on their railway premises or travel on their railways and the evasion of payment of fares and other charges,
with respect to interference or obstruction of the working of the railways,
with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances;
with respect to the receipt and delivery of goods, and
for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the
The Railways Board may make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation.
London Regional Transport shall have the like power to make byelaws as is conferred on the Railways Board by subsections (1) and (2) of this section (taking the reference in subsection (2) to ships as including hovercraft within the meaning of the Hovercraft Act
Any byelaws made under this section may provide—
in the case of byelaws made by virtue of subsection (1) above, that any person contravening them shall be liable on summary conviction to a penalty not exceeding
in the case of byelaws made by virtue of subsection (2) above, that any person contravening them shall be liable on summary conviction to a fine not exceeding
Without prejudice to the taking of summary proceedings under the last foregoing subsection, if the contravention of any bylaw having effect under this section is attended with danger or annoyance to the public, or hindrance to a Board in the lawful use of their railway, it shall be lawful for the Board in question summarily to interfere to obviate or remove the danger, annoyance or hindrance.
Bylaws under this section shall not come into operation until they have been confirmed by the Minister.
At least twenty-eight days before application for confirmation of any bylaws is made the Board in question shall publish in such manner as may be approved by the Minister a notice of their intention to apply for confirmation and of the place at which and the time during which a copy of the bylaws will be open for public inspection; and any person affected by any of the bylaws shall be entitled to make representations thereon to the Minister within a period of not less than twenty-eight days specified in the notice.
For at least twenty-four days before application for confirmation of any bylaws is made under this section, a copy of the bylaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.
The Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding
The Minister may confirm with or without modification, or may refuse to confirm, any of the bylaws submitted under this section for confirmation and, as regards any bylaws so confirmed, may fix a date on which the bylaws shall come into operation; and if no date is so fixed the bylaws shall come into operation after the expiration of twenty-eight days after the date of confirmation.
The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
A copy of the bylaws when confirmed shall be printed and deposited at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment, and the Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding
The production of a printed copy of bylaws confirmed under this section on which is indorsed a certificate purporting to be signed by the secretary of the Board or of some person authorised by the Board to act in his stead in that behalf, stating—
that the bylaws were made by the Board or by the Commission,
that the copy is a true copy of the bylaws,
that on a specified date the bylaws were confirmed by the Minister, and
the date when the bylaws come into operation,
shall be prima facie evidence of the facts stated in the certificate.
The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section.
Sections one hundred and eight and one hundred and nine of the
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In the bylaws made by the Commission under the said Acts of 1845 which relate to the railways of the Commission other than those of
for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and
for references to London Transport railways there shall be substituted references to the London Board’s railways.
Any power exercisable by the Docks Board or the British Waterways Board under any local enactment to make bylaws as regards any harbour comprised in their undertaking shall include power to make any such bylaws in relation to railways within the harbour as the Railways Board and
This section shall have effect as from the vesting date.
The Railways Board and
with respect to tickets issued for entry on their railway premises or travel on their railways and the evasion of payment of fares and other charges,
with respect to interference or obstruction of the working of the railways,
with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances;
with respect to the receipt and delivery of goods, and
for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the Boards and intended for the use of those on foot.
The Railways Board may make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation.
Any byelaws made under this section may provide—
in the case of byelaws made by virtue of subsection (1) above, that any person contravening them shall be liable on summary conviction to a penalty not exceeding
in the case of byelaws made by virtue of subsection (2) above, that any person contravening them shall be liable on summary conviction to a fine not exceeding
Without prejudice to the taking of summary proceedings under the last foregoing subsection, if the contravention of any bylaw having effect under this section is attended with danger or annoyance to the public, or hindrance to a Board in the lawful use of their railway, it shall be lawful for the Board in question summarily to interfere to obviate or remove the danger, annoyance or hindrance.
Bylaws under this section shall not come into operation until they have been confirmed by the Minister.
At least twenty-eight days before application for confirmation of any bylaws is made the Board in question shall publish in such manner as may be approved by the Minister a notice of their intention to apply for confirmation and of the place at which and the time during which a copy of the bylaws will be open for public inspection; and any person affected by any of the bylaws shall be entitled to make representations thereon to the Minister within a period of not less than twenty-eight days specified in the notice.
For at least twenty-four days before application for confirmation of any bylaws is made under this section, a copy of the bylaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.
The Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding
The Minister may confirm with or without modification, or may refuse to confirm, any of the bylaws submitted under this section for confirmation and, as regards any bylaws so confirmed, may fix a date on which the bylaws shall come into operation; and if no date is so fixed the bylaws shall come into operation after the expiration of twenty-eight days after the date of confirmation.
The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
A copy of the bylaws when confirmed shall be printed and deposited at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment, and the Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding
The production of a printed copy of bylaws confirmed under this section on which is indorsed a certificate purporting to be signed by the secretary of the Board or of some person authorised by the Board to act in his stead in that behalf, stating—
that the bylaws were made by the Board or by the Commission,
that the copy is a true copy of the bylaws,
that on a specified date the bylaws were confirmed by the Minister, and
the date when the bylaws come into operation,
shall be prima facie evidence of the facts stated in the certificate.
The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section.
Sections one hundred and eight and one hundred and nine of the
In the bylaws made by the London Transport Executive under the
for references to the Commission or the London Transport Executive there shall be substituted references to the London Board, and
for references to the railways as there defined there shall be substituted references to the railways of the London Board.
In the bylaws made by the Commission under the said Acts of 1845 which relate to the railways of the Commission other than those of the London Transport Executive which were confirmed by the Minister on the fifth day of December, nineteen hundred and fifty-seven,—
for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and
for references to London Transport railways there shall be substituted references to the London Board’s railways.
Any power exercisable by the Docks Board or the British Waterways Board under any local enactment to make bylaws as regards any harbour comprised in their undertaking shall include power to make any such bylaws in relation to railways within the harbour as the Railways Board and the London Board have power to make under this section in relation to their railways.
This section shall have effect as from the vesting date.
The Railways Board and
with respect to tickets issued for entry on their railway premises or travel on their railways and the evasion of payment of fares and other charges,
with respect to interference or obstruction of the working of the railways,
with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances;
with respect to the receipt and delivery of goods, and
for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the Boards and intended for the use of those on foot.
The Railways Board may make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation.
Any bylaws made under this section may provide that any person contravening them shall be liable on summary conviction to a penalty not exceeding
Without prejudice to the taking of summary proceedings under the last foregoing subsection, if the contravention of any bylaw having effect under this section is attended with danger or annoyance to the public, or hindrance to a Board in the lawful use of their railway, it shall be lawful for the Board in question summarily to interfere to obviate or remove the danger, annoyance or hindrance.
Bylaws under this section shall not come into operation until they have been confirmed by the Minister.
At least twenty-eight days before application for confirmation of any bylaws is made the Board in question shall publish in such manner as may be approved by the Minister a notice of their intention to apply for confirmation and of the place at which and the time during which a copy of the bylaws will be open for public inspection; and any person affected by any of the bylaws shall be entitled to make representations thereon to the Minister within a period of not less than twenty-eight days specified in the notice.
For at least twenty-four days before application for confirmation of any bylaws is made under this section, a copy of the bylaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.
The Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding 50p as the Board shall determine.
The Minister may confirm with or without modification, or may refuse to confirm, any of the bylaws submitted under this section for confirmation and, as regards any bylaws so confirmed, may fix a date on which the bylaws shall come into operation; and if no date is so fixed the bylaws shall come into operation after the expiration of twenty-eight days after the date of confirmation.
The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
A copy of the bylaws when confirmed shall be printed and deposited at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment, and the Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding 50p as the Board shall determine.
The production of a printed copy of bylaws confirmed under this section on which is indorsed a certificate purporting to be signed by the secretary of the Board or of some person authorised by the Board to act in his stead in that behalf, stating—
that the bylaws were made by the Board or by the Commission,
that the copy is a true copy of the bylaws,
that on a specified date the bylaws were confirmed by the Minister, and
the date when the bylaws come into operation,
shall be prima facie evidence of the facts stated in the certificate.
The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section.
Sections one hundred and eight and one hundred and nine of the
In the bylaws made by the London Transport Executive under the
for references to the Commission or the London Transport Executive there shall be substituted references to
for references to the railways as there defined there shall be substituted references to the railways of
In the bylaws made by the Commission under the said Acts of 1845 which relate to the railways of the Commission other than those of the London Transport Executive which were confirmed by the Minister on the fifth day of December, nineteen hundred and fifty-seven,—
for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and
for references to London Transport railways there shall be substituted references to the London Board’s railways.
Any power exercisable by the Docks Board or the British Waterways Board under any local enactment to make bylaws as regards any harbour comprised in their undertaking shall include power to make any such bylaws in relation to railways within the harbour as the Railways Board and
This section shall have effect as from the vesting date.
As from the vesting date, for references to section one hundred and six of the London Pasenger Transport Act, 1933, to the London Passenger Transport Board there shall be substituted references to the London Board.
The repeal by this Act of section one hundred and nineteen of the
shall be treated for all purposes, and in particular for the purposes of section eighty-eight of the
shall have effect, subject to the necessary modifications, as if any reference therein to the Commission or the London Transport Executive were a reference to the London Board.
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On and after the vesting date a Board may dismiss a constable who is employed by them (whether or not appointed after the vesting date) and, accordingly, in paragraph (c) of subsection (1) of the section for references to the Commission there shall, as regards such a constable employed by a Board (or two or more Boards jointly), be substituted a reference to that Board (or those Boards), and for the reference at the end of the said paragraph (c) to the authority by whom a constable was dismissed or by whom a constable’s resignation is accepted there shall, in the case of a constable dismissed by the Commission, or whose resignation was accepted by the Commission, be substituted—
during the interim period, a reference to the Railways Board, and
thereafter, a reference to any of the Boards acting jointly or separately in pursuance of a scheme under section sixty-nine of this Act.
On and after the vesting date references in any statutory provision or other document to a constable appointed or employed by the Commission shall be taken as a reference to a constable employed by any of the Boards and acting under the said section fifty-three.
In this section “
It shall be the duty of each Board, except as far as they are satisfied that adequate machinery exists for achieving the purpose of this subsection, to seek consultation with any organisation appearing to the Board to be appropriate, with a view to the conclusion between the Board and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for—
the settlement by negotiation of terms and conditions of employment of persons employed by the Board, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements, and
the promotion and encouragement of measures affecting the safety, health and welfare of persons employed by the Board and the discussion of other matters of mutual interest to the board and such persons, including efficiency in the operation of the Board’s services.
Where the Board conclude such an agreement as is mentioned in the foregoing subsection or any variation is made in such an agreement, the Board shall forthwith transmit particulars of the agreement or the variation to the Minister and
Nothing in this section shall be construed as prohibiting a Board from taking part together with other employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment, and the promotion and encouragement of measures affecting the health, safety and welfare of their workers, and the discussion of other matters of mutual interest to them and their workers.
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Subject to the next following section, each of the Boards and the Holding Company shall have power to pay pensions and enter into obligations under pension schemes.
Each of the Boards and the Holding Company shall have power to lend money to be applied for the purposes of a pension scheme under which any of those bodies, or a subsidiary of any of those bodies, pay employer’s contributions or are subject to any other obligations, but shall not exercise that power without the consent of the Minister.
The Minister may make orders—
with respect to the provision of pensions by the Boards and the Holding Company and by the subsidiaries of the Boards and of the Holding Company for or in respect of—
their employees, or persons who have been in their employment, or
persons who have been in the employment of the Commission or of any subsidiary of the Commission or of any body whose undertaking or part of whose undertaking was transferred to the Commission under or by virtue of the
persons who have been employed in connection with the Caledonian and Crinan Canals or Holyhead Harbour, or by or in connection with the Railway Clearing House;
for the establishment and administration of existing or future pension schemes and pension funds for any of the purposes of the foregoing paragraph;
and the Boards and the Holding Company shall exercise the powers conferred on them by the last foregoing section subject to any order under this section.
Without prejudice to the powers conferred by the foregoing subsection, the Minister may make orders—
for enabling employees of any of the Boards or the Holding Company or a subsidiary of any of the Boards or the Holding Company to participate or continue to participate in any pension scheme in which employees of the Commission or a subsidiary of the Commission participated before the vesting date, or in any pension scheme established under this section, and requiring their employers to make payments under that scheme,
for modifying any pension scheme the participants in which include persons of any of the descriptions in sub-paragraphs (i), (ii) and (iii) of paragraph (a) of the foregoing subsection, so as to ensure that changes cannot be effected in the pension scheme without the approval of the Minister,
for varying the rates of the contributions to be made under any pension scheme by employees of any of the Boards or the Holding Company or a subsidiary of any of the Boards or the Holding Company, as well as the rates of employers’ contributions and the benefits under the scheme, and
for re-arranging, amalgamating, simplifying and assimilating pension schemes the participants in which include any such persons.
An order under this section may in particular provide—
for altering or winding up any pension scheme,
for varying any trust or transferring any pension fund, or obligations or liabilities under a pension scheme,
for requiring a Board or the Holding Company to make payments to the persons administering a pension scheme so as to convert the pension scheme from an unfunded scheme into a funded scheme,
for establishing any body to administer or assist in administering a pension scheme,
for enabling all or any of the participants in a pension scheme to become instead participants in another pension scheme,
for empowering the persons responsible for administering any pension scheme established for the purposes of an undertaking carried on by persons other than the Boards, the Holding Company or any subsidiary of any Board, or of the Holding Company, to carry out any arrangements for the participation in the scheme of a person who has been an employee of the Commission, or of the Boards or of the Holding Company, or of any subsidiary of any of those bodies,
as to the manner in which questions arising under the order are to be determined,
and may contain such supplemental, incidental and consequential provisions as appear to the Minister expedient.
Without prejudice to the generality of the foregoing provisions of this section, an order under this section may contain provisions authorising any person who, having pension rights to which an order under this section relates, becomes a member of a Board, or the Holding Company, or a director of a subsidiary of a Board or of the Holding Company, to be treated for the purposes of a pension scheme as if his service as such a member or director were service in the employment of such a body, and as if, where that service immediately precedes or follows other service which is, or is to be treated as, service in that employment, the two periods of service were continuous.
An order under this section shall have effect notwithstanding anything in—
any local enactment, or
any regulations or other instrument made under the
the Truck Acts, 1831 to 1940, or the
section eighty of the
and may amend or repeal any such enactment or instrument as is mentioned in paragraphs (a) and (b) of this subsection.
Orders under this section shall be so framed as to secure that no person other than the Boards, the Holding Company and any subsidiary of any Board, or of the Holding Company, is placed in any worse position by reason of the order.
An order shall not be invalid by reason that in fact it does not have the result of securing that all such persons are not placed in any worse position by reason of the provisions of the order, but if the Minister is satisfied or it is determined as hereinafter mentioned that any such order has failed to secure that result, the Minister shall as soon as may be make the necessary amending order.
Any dispute arising between the Minister and any person as to whether or not the said result has been secured by any order under this section shall be referred to a referee or board of referees appointed by the Minister of Labour after consultation with the Lord Chancellor, or, where the proceedings are to be held in Scotland, after consultation with the Secretary of State, for his or their determination thereof.
The Minister of Labour may, with the consent of the Treasury, pay out of money provided by Parliament—
to any referee or to the members of any board of referees appointed under this subsection such fees and allowances as he may with the consent of the Treasury determine, and
to persons giving evidence before any such referees or board such allowances as he may with the consent of the Treasury determine.
For the purposes of this subsection no person shall be regarded as being placed in a worse position because an order provides that any changes in a pension scheme are not to be effected without the consent of the Minister.
Nothing in
An order under this section may be made so as to have effect from a date prior to the making of the order, so, however, that so much of any order as provides that any provision thereof is to have effect from a date prior to the making of the order shall not place any person other than the Boards, the Holding Company or any subsidiary of any Board, or of the Holding Company, in a worse position than he would have been in if the order had been made to have effect only from the date of its making.
The power of making orders under this section shall be exercised by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and the power of making orders under this section shall include power to vary or revoke a previous order.
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Part IV of the Seventh Schedule to this Act (which contains transitional provisions relating to pensions) shall have effect for the purposes of this Act.
If a person ceases to be a member of the Commission, or of the London Transport Executive, otherwise than on the expiration of his term of office, and it appears to the Minister that there are special circumstances which make it right that that person should receive compensation, the Minister may with the approval of
This section shall apply whether or not any pension is payable under paragraph (b) of subsection (7) of section one of the
Any requirement imposed by the Minister as regards a member of the Commission under subsection (1) of this section after the vesting date shall be imposed on the Railways Board instead of on the Commission, and any requirement so imposed as regards a member of the London Transport Executive shall be imposed on the London Board instead of on the Commission.
The Minister shall by regulations contained in a statutory instrument require the appropriate body as defined in this section to pay, in such cases and to such extent as may be specified in the regulations, compensation to persons who are at the passing of this Act officers or servants of the Commission and who suffer loss of employment or loss or diminution of emoluments or pension rights, or whose position is worsened, in consequence of the reorganisation effected by this Act.
The regulations may apply to any such person whether or not he continues in the employment of the Commission until the vesting date and whether or not he is a party to an agreement for the rendering of personal services to the Commission which is modified by section thirty-four of this Act.
Different regulations may be made under this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date prior to the making thereof, so, however, that so much of any regulations as provides that any provision thereof is to have effect as from a date earlier than the making thereof shall not place any person (other than the body paying compensation) in a worse position than he would have been in if the regulations had been made to have effect only as from the making thereof.
Regulations under this section—
may prescribe the procedure to be followed in making claims for compensation, and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined, and
may in particular contain provisions enabling appeals from any determination as to whether any or what compensation is payable to be brought, in such cases and subject to such conditions as may be prescribed by the regulations, to a referee or board of referees appointed by
No regulations shall be made under this section unless a draft thereof has been laid before Parliament and has been approved by a resolution of each House of Parliament.
to any referee or to the members of any board of referees appointed by him in pursuance of regulations under this section such fees and allowances as he may with the consent of the Treasury determine, and
to persons giving evidence before any such referee or board such allowances as he may with the consent of the Treasury determine.
Nothing in
In this section “
in relation to a person who on the vesting date ceases to be an officer or servant of the Commission and becomes an officer or servant of a Board, that Board,
in relation to a person who on the vesting date ceases to be an officer or servant of the Commission and becomes an officer or servant of the Holding Company, the Holding Company,
in relation to a person who at any time in the period beginning with the passing of this Act and ending with the vesting date becomes an officer or servant of one of the bodies which on the vesting date becomes a subsidiary of the Railways Board, the Docks Board, the British Waterways Board or the Holding Company, that Board or the Holding Company as the case may be,
in the case of any other person, the Board which would have become his employer under section thirty-four of this Act if an agreement had subsisted at the vesting date for the rendering by him to the Commission of personal services of the kind which he was rendering to the Commission when he left the service of the Commission.
The London Board, the Docks Board, the British Waterways Board and the Holding Company may arrange to make payments to the Railways Board by way of contributions towards the liability of the Railways Board under this section in respect of officers and servants of the Commission, and if the Railways Board satisfy the Minister that any of the other Boards or the Holding Company have not made an appropriate contribution towards that liability, whether by the payment of money or by finding employment for any such officers or servants or otherwise, the Minister may require that other Board or, as the case may be, the Holding Company to make such payment to the Railways Board as appears to the Minister to be just.
Nothing in this section shall be construed as enabling regulations to be made prejudicing the rights of any person under Part VII of the
The minister may make an abandonment order in respect of any railway comprised in an independant railway undertaking if an application is made to him for that purpose by the undertakers in question or by any creditor of those undertakers.
Notice of any application under this section shall be published by the applicant in such manner and form as the Minister may direct, and the Minister shall before making an order under this section consider any objections which have been lodged in respect to the application.
An order under this section shall have effect to release the undertakers from any statutory obligation to construct, maintain or operate the railway which is the subject of the order, and the order may contain provisions for abrogating, on such terms as to compensation or otherwise as the Minister may think just, any obligations (whether statutory or otherwise) to provide or maintain works, services or facilities in connection with the railway.
An order under this section may contain such consequential and supplementary provisions, including provisions for the assessment of compensation, as the Minister may think fit, and notice of the order shall be published in such a manner and form as the Minister may direct.
Where an application is made under this section by a creditor, the undertakers in question shall furnish the Minister with all such information, and permit such inspection of their railways, as the Minister may reasonably require for the purposes of the application, and any person who fails to comply with a requirement under this subsection shall be liable on summary conviction to a fine not exceeding
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In this section “
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Section five of the Regulation of Railways Act, 1889 (which imposes penalties for offences in connection with railway fares and tickets), shall apply as respects any offence committed after the coming into force of this section as if in subsection (1) for the words “forty shillings” there were substituted the words “ten pounds”, and as if in subsection (3) for the words “forty shillings” there were substituted the words “twenty-five pounds”, for the words “twenty pounds” there were substituted the words “twenty-five pounds” and for the words “one month” there were substituted the words “three months”.
Subsection (1) and subsections (3) to (12) of section sixty-seven of this Act shall apply in relation to the person carrying on any independent railway undertaking as defined in the last foregoing section, and in relation to the railways comprised in the undertaking, as they apply in relation to the Railways Board and their railways, and as from the vesting date any bylaws under sections one hundred and eight and one hundred and nine of the
In section one hundred and forty-four of the Railways Clauses Consolidation Act, 1845, and section one hundred and thirty-six of the Railways Clauses Consolidation (Scotland) Act, 1845 (which relate to the defacement of notice boards), for the words from “as required” to “or penalty” there shall be substituted the words “for the purpose of publishing any byelaw of the company or any penalty imposed by this or the special Act.”
It is hereby declared that for the purposes of the Town and Country Planning Acts anything done by any of the Boards—
in the exercise of the powers conferred by section eleven of this Act so far as that section relates to development of land for use otherwise than for the purposes of the business of the Board; or
in the exercise of the powers conferred by section twelve of this Act so far as that section relates to pipe-lines which are not required for the purposes of the business of the Board other than the operation of pipe-lines,
does not constitute the carrying on by the Board of their statutory undertaking and, in particular, that land which is used, or in which an interest is held, by a Board exclusively for the purpose of exercising those powers does not constitute operational land.
Without prejudice to the foregoing subsection and subject to the next following subsection, any development of operational land by a Board in the exercise of the said powers shall not for the purposes of the said Acts constitute development of operational land.
The last foregoing subsection shall not apply to development if—
the development comprises development by the Board for the purpose of carrying on their statutory undertaking or is development for a purpose which includes that purpose; and
the development is such that so much of it as is exclusively referable to the exercise by the Board of the said powers cannot fairly be treated for the purposes of the said Acts as separate development.
Any question under the last foregoing subsection whether part of any development can fairly be treated as separate development shall be determined by the local planning authority to whom application is made for permission for the development in question, or, where an application for permission for the development in question is referred to the Minister, by the Minister . . .
If an applicant is aggrieved by a determination of a local planning authority under the last foregoing subsection, he may appeal to the Minister, . . .
The provisions of the said Acts and of any development order as to the time and manner for appealing to the Minister against planning decisions of local planning authorities shall apply, subject to any necessary modifications, to an appeal under this subsection.
The provisions of the said Acts as to the validity, and proceedings for challenging the validity, of decisions of the Minister on applications for planning permission referred to him under those Acts or on appeals to him under those Acts against planning decisions of local planning authorities shall apply to any determination of the Minister . . .
In Scotland any question to be determined by the Minister under subsection (4) above and any appeal under subsection (5) shall be determined by
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In this section . . .
It shall be the duty of the Boards or of any other person to whom the Minister or any other authority gives directions under this Act to give effect to those directions.
Any direction given by the Minister under this Act shall be in writing.
The Minister may hold inquiries for the purposes of his powers under this Act as if those purposes were purposes of the
The costs incurred by the Minister in relation to an inquiry under the said Act of 1919 (including such reasonable sum not exceeding
The Minister may make orders as to the costs of the parties to any inquiry held by him under the said Act and as to the parties by whom such costs shall be paid.
Any costs required by an order under subsection (3) of this section to be taxed may be taxed in the county court according to such of the scales prescribed by county court rules for proceedings in the county court as may be directed by the order or, if the order gives no direction, by the county court.
Any sum payable by virtue of an order under subsection (3) of this section shall, if the county court so orders, be recoverable by execution issued from the county court or otherwise as if payable under an order of that court.
Any sums received by the Minister under this section shall be paid into the Exchequer.
In the application of this section to Scotland—
in subsection (2) the words “either as a debt to the Crown or”, and the word “
In relation to any inquiry held under this section in Scotland the Minister shall have the like power to award expenses as if he were an arbiter under a submission and the parties to the inquiry were parties to the submission; and any award of expenses by the Minister under this subsection may be recorded for execution in the Books of Council and Session, and shall be enforceable accordingly
and
subsections (4) and (5) shall be omitted.
The Minister may by order repeal any local enactment which in his opinion has ceased to have effect in consequence of the provisions of the
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Act, except so far as the context otherwise requires, the following expressions have the meanings herein respectively assigned to them,—
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in any local Act passed before this Act, or in any Act passed before this Act and confirming a provisional order, and
in any order or other instrument made under such an Act, and
in any order made under the
and includes any provision of the
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Any reference in this Act to any provision of the
Except so far as the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended, extended or applied by any other enactment including this Act.
The provisions of this Act set out in Part I of the Eleventh Schedule to this Act shall extend to Northern Ireland subject to the modifications set out in Part II of that Schedule, and save as aforesaid this Act shall not extend to Northern Ireland.
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Any expenses incurred by the Minister under or in consequence of the provisions of this Act shall be paid out of money provided by Parliament.
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Nothing in the repeals in Part I of the Twelfth Schedule to this Act which relate to the Transport Tribunal shall affect any appointment made, any judgment or order given, any document issued or any other thing done before the date on which the repeals take effect; and the provision of this Act corresponding to the enactment under which it was done shall have effect as if it had been done under that provision.
Any reference in any instrument or other document to such an enactment shall be taken as regards anything done after that date as a reference to the corresponding provision of this Act.
The foregoing provisions of this section shall be without prejudice to so much of
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This Act may be cited as the Transport Act 1962.
Subject to any other provision of this Act, this Act shall come into force on such date as the Minister may by order contained in a statutory instrument appoint, and the Minister may under this subsection appoint different dates for different provisions of this Act.