Transport Act 1962

Provisions relating to the Boards U.K.

58, 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 58, 59 repealed by Transport (London) Act 1969 (c. 35), Sch. 6

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 S. 60 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI

61 Amendment of enactments relating to inland waterways. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(2) 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.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

[F5 (4) The definition of “statutory water undertakers” in subsection (1) of section fifty-nine of the M1 Water Act 1945, shall not include the British Waterways Board.]

Textual Amendments

F3 S. 61(1) repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I

F4 S. 61(3) repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I

F5 S. 61(4) repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Part I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Modifications etc. (not altering text)

C1 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 is now spent), is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1945 c. 42.

62 Local enactments relating to the supply of water for canals. E+W+S

(1) 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.

(2) The foregoing subsection shall not be taken as authorising the British Waterways Board—

(a) to disregard any restriction, whether as regards quantity or rate or otherwise, on the water which may be taken from any source, or

(b) 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.

63 Abstraction of water by British Waterways Board. E+W+S

(1) Subject to this section the British Waterways Board shall not without the consent of the Minister sell water from an inland waterway—

(a) unless the water is abstracted at a point at which water was being abstracted before the passing of this Act, and

(b) 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

(c) 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.

(2) 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.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(4) 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.

(5) 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.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(7) In Scotland the persons on whom the notice is to be served shall be—

(a) the council of the county or burgh in which the point of abstraction is situated,

(b) 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 [F7 the Secretary of State for Scotland] directs the notice to be served,

(c) any salmon fishery district board on whom the Minister after consultation with [F7 the Secretary of State for Scotland] directs the notice to be served, and

(d) 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 [F7 the Secretary of State for Scotland] directs the notice to be served.

(8) 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.

(9) 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.

(10) The Minister in considering the application and the terms in which any consent ought to be given shall have regard—

(a) 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

(b) 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

(c) 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.

(11) 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.

(12) 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.

(13) 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.

(14) In this section—

• “local water authority” has the meaning given by section five of the M2 Water (Scotland) Act 1946;

• “river purification authority” has the same meaning as in Part III of the M3 Rivers (Prevention of Pollution) (Scotland) Act 1951;

• “salmon fishery district board” means the district board for a fishery district for the purposes of the M4 Salmon Fisheries (Scotland) Act 1862, and the Commissioners appointed under the M5 Tweed Fisheries Act 1857;

• “statutory water undertakers” has the meaning given by subsection (1) of section fifty-nine of the M6 Water Act 1945;

• “stream” includes any river or watercourse whether natural or artificial.

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(16) 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.

(17) 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.

Textual Amendments

F6 S. 63(3)(6)(15) repealed by Water Resources Act 1963 (c. 38), Sch. 14 Pt. II

F7 Words substituted by virtue of S.I. 1970/1681, Sch. 3 para. 20(1)

Modifications etc. (not altering text)

C2 S. 63 repealed (E.W.) by Water Resources Act 1963 (c. 38), Sch. 14 Pt. II

Marginal Citations

M2 1946 c. 42.

M3 1951 c. 66.

M4 1862 c. 97.

M5 1857 c. cxlviii.

M6 1945 c. 42.

64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 S. 64 repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I

65 The railway savings banks. E+W+S

(1) In this section—

• “the railway savings banks” means the savings banks established under—

  • section twenty-three of the M7 Metropolitan Railway Act 1873,

  • section forty-five of the M8 Great Western Railway Act 1885,

  • section eighteen of the M9 Taff Vale Railway Act 1895,

  • section sixty-one of the M10 London, Midland and Scottish Railway Act 1924,

  • section ninety-nine of the M11 Southern Railway Act 1924, and

  • section three of the M12 London and North Eastern Railway Act 1944,

  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;

• “the appropriate Board” means—

  (a)

  in relation to the savings bank established under the M13 Metropolitan Railway Act 1873, [F9 the London Transport Executive]

  (b)

  in relation to any other railway savings bank, the Railways Board.

(2) 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.

(3) 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.

(4) Subject to this section, the persons entitled to deposit money in the railway savings banks established under section forty-five of the M14 Great Western Railway Act 1885, section sixty-one of the M15 London Midland and Scottish Railway Act 1924, section ninety-nine of the M16 Southern Railway Act 1924, and section three of the M17 London and North Eastern Railway Act 1944, shall be—

(a) existing depositors,

(b) persons employed by the Railways Board,

(c) 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,

(d) members of the families of persons of any of the foregoing descriptions,

(e) any group, society or association the members of which consist, or mainly consist, of persons of any of the foregoing descriptions.

(5) 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.

(6) 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.

Textual Amendments

F9 Words substituted by virtue of Transport (London) Act 1969 (c. 35), Sch. 3 para. 3

Marginal Citations

M7 1873 c. clxxxi.

M8 1885 c. cxlvii.

M9 1895 c. cxxii.

M10 1924 c. liv.

M11 1924 c. lxvi.

M12 1944 c. x.

M13 1873 c. clxxxi.

M14 1885 c. cxlvii.

M15 1924 c. liv.

M16 1924 c. lxvi.

M17 1944 c. x.

66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W+S

Textual Amendments

F10 S. 66 repealed by (E.W.) General Rate Act 1967 (c. 9), Sch. 14 and (S.) S.I. 1978/1174, art. 9

67 Byelaws for railways and railway shipping services. U.K.

(1) The Railways Board [F11 and [F12 the London Transport Executive] may each][F11 may] make bylaws regulating the use and working of, and travel on, their railways, the maintenance of order on their railways and railway premises, including stations and the approaches to stations, and the conduct of all persons, including their officers and servants, while on those premises, and in particular bylaws—

(a) 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,

(b) with respect to interference or obstruction of the working of the railways,

(c) with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances;

(d) with respect to the receipt and delivery of goods, and

(e) for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the [F13 Boards][F13 Board] and intended for the use of those on foot.

(2) 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.

[F14 (2A) 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 M18 1968); and accordingly, references in this section, as it applies to London Regional Transport, to “a Board” or “the Board” shall be read as references to London Regional Transport]

[F15 (3) Any byelaws made under this section may provide—

(a) 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 [F16 level 3 on the standard scale] for each offence; and

(b) 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 [F16 level 2 on the standard scale] for each offence and, in the case of such a contravention which continues after conviction, to a fine not exceeding £10 for each day on which the offence so continues.]

(4) 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.

(5) Bylaws under this section shall not come into operation until they have been confirmed by the Minister.

(6) 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.

(7) 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.

(8) 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 [F17 50p] as the Board shall determine.

(9) 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.

(10) 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 [F17 50p] as the Board shall determine.

(11) 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—

(a) that the bylaws were made by the Board or by the Commission,

(b) that the copy is a true copy of the bylaws,

(c) that on a specified date the bylaws were confirmed by the Minister, and

(d) the date when the bylaws come into operation,

shall be prima facie evidence of the facts stated in the certificate.

(12) The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section.

(13) Sections one hundred and eight and one hundred and nine of the M19 Railways Clauses Consolidation Act 1845, sections one hundred and one and one hundred and two of the M20 Railways Clauses Consolidation (Scotland) Act 1845, section thirty-two of the M21 Railways Clauses Act 1863, and section seven of the M22 Regulation of Railways Act 1889, shall cease to have effect, but any bylaws under any of those enactments which were in force immediately before the vesting date and which applied in relation to any of the railways belonging to the Commission, or in relation to the ships operated by the Commission, shall continue in force and have effect as if made under this section, and subject to the provisions of Part II of this Act so far as applicable.

[F18 (14) In the bylaws made by the London Transport Executive under the M23 Railways Clauses Consolidation Act 1845, which were confirmed by the Minister on the thirteenth day of December, nineteen hundred and fifty-seven—

(a) for references to the Commission or the London Transport Executive there shall be substituted references to [F19 the London Transport Executive], and

(b) for references to the railways as there defined there shall be substituted references to the railways of [F19 the London Transport Executive].]

(15) 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 [F20 London Regional Transport] which were confirmed by the Minister on the fifth day of December, nineteen hundred and fifty-seven,—

(a) for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and

(b) for references to London Transport railways there shall be substituted references to the London Board’s railways.

(16) 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 [F21 the London Transport Executive][F22 London Regional Transport] have power to make under this section in relation to their railways.

(17) This section shall have effect as from the vesting date.

Textual Amendments

F11 Word “may” substituted (E.W.) for the words from “and” to “may each” by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 para. 2(1)(a)

F12 Words substituted by virtue of Transport (London) Act 1969 (c. 35), Sch. 3 para. 5(1)

F13 Word “Board” substituted (E.W.) for “Boards” by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 para. 2(1)(a)

F14 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)

F15 S. 67(3) substituted (E.W.S.) by Transport Act 1981 (c. 56, SIF 126), s. 37

F16 Words substituted by (E.W.) Criminal Law Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F17 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

F18 S. 67(14) repealed (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7

F19 S. 67(14): words “the London Transport Executive” substitued for “the London Board” (E.W.N.I.) by 1969 c. 35, s. 17, Sch. 3 para. 5(1)

F20 S. 67(15): words “London Regional Transport” substituted for “the London Transport Executive” (E.W.) 1984 c. 32, s. 67(2)(3), Sch. 4 para. 2(1)(c)

F21 S. 67(16): words “the London Transport Executive” substituted for “the London Board” (E.W.N.I.) by 1969 c. 35, s. 17, Sch. 3 para. 5(1)

F22 S. 67(16): words “London Regional Transport” substituted for “the London Transport Executive” (E.W.) 1984 c. 32, s. 67(2)(3), Sch. 4 para. 2(1)(c)

Modifications etc. (not altering text)

C3 S. 67 extended by Transport Act 1968 (c. 73), Sch. 16 para. 4

C4 S. 67(2) extended by S.I. 1972/971, Sch. 1, Pt. A (as amended by S.I. 1979/1309, art. 2(a))

Marginal Citations

M18 1968 c.59 (111).

M19 1845 c. 20.

M20 1845 c. 33.

M21 1863 c. 92.

M22 1889 c. 57.

M23 1845 c. 20.

[F23 68 Custody of lost property on London Board’s transport system. E+W+S

[F24 (1) 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.]]

(2) The repeal by this Act of section one hundred and nineteen of the M24 Transport Act 1947, shall not affect the M25 London Transport (Lost Property) Regulations 1960 (which were made under that section), and as from the vesting date those regulations—

(a) shall be treated for all purposes, and in particular for the purposes of section eighty-eight of the M26 London Passenger Transport Act 1935 (which relates to offences against regulations under section one hundred and six of the said Act of 1933), as if they had been made under the said section one hundred and six, and

(b) 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.

Textual Amendments

F23 S. 68 repealed (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)( b ), Sch. 7

F24 S. 68(1) repealed (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7

Modifications etc. (not altering text)

C5 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.

C6 The “said Act of 1933” means London Passenger Transport Act 1933 (c. 14)

Marginal Citations

M24 1947 c. 49.

M25 S.I. 1960/2396.

M26 1935 c. cx.

69 Organisation of transport police. E+W+S

(1) Within one year from the vesting date the Railways Board shall, after consulting the other Boards, prepare and submit to the Minister a scheme for the organisation of the transport police of the Boards.

In this section, references to “transport police” are references to constables appointed under section fifty-three of the M27 British Transport Commission Act 1949.

(2) A scheme under this section which provides for the organisation of transport police in a joint force shall contain provisions with respect to—

(a) the control and administration of the force by or on behalf of the Boards participating in the force,

(b) the contributions to be made by those Boards to the expenses of the force, and

(c) the method of settling disputes between those Boards in relation to the force.

(3) Without prejudice to the generality of subsection (1) of this section, a scheme under this section may make provision—

(a) for the transfer or appropriation for the purposes of the scheme of property vested in the Railways Board by paragraph (e) of subsection (2) of section thirty-one of this Act, and

(b) for enabling the services of transport police organised in a force for any Board or Boards to be made available to another Board on such terms as may be agreed with that Board,

and may contain such incidental and transitional provisions as may appear to the Railways Board or the Minister to be expedient.

(4) A scheme under this section may make modifications consequential on the provisions of the scheme in section fifty-three of the said Act of 1949, but nothing in the scheme shall require any Board to exercise its powers under that section.

(5) On a scheme being submitted to the Minister under this section, the Minister may by order approve the scheme with or without amendment; and the scheme, as so approved, shall come into effect on such date as may be specified therein and it shall be the duty of the Boards to comply with the scheme as so approved.

(6) The Minister shall consult the Boards before approving a scheme under this section; and the Minister shall not approve a scheme under this section which provides for the organisation of transport police in more than one force unless it appears to him, after consultation with the Boards, that there are special reasons which make it desirable that such provision should be made.

(7) If after a scheme has been approved under this section any Board apply to the Minister and satisfy him that the scheme should be amended in any respect the Minister may, after consulting the Boards, by order make such amendments of the scheme as he thinks fit.

(8) The power conferred by this section on the Minister to make orders shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(9) During the period between the vesting date and the coming into effect of a scheme under this section the Railways Board shall make police services available to the other Boards to such extent and on such terms as the Railways Board and the other Board concerned may agree or as may, in default of agreement, be determined by the Minister.

Modifications etc. (not altering text)

C7 Power to modify s. 69 conferred by Transport Act 1978 (c. 73), Sch. 16 para. 5(4)

Marginal Citations

M27 1949 c. xxix.

70 Transport police constables. E+W+S

[F25 (1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(5) 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—

(a) during the interim period, a reference to the Railways Board, and

(b) thereafter, a reference to any of the Boards acting jointly or separately in pursuance of a scheme under section sixty-nine of this Act.]

(6) 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.

[F27 (7) In this section “the interim period” means the period referred to in subsection (9) of section sixty-nine of this Act.]

Textual Amendments

F25 S. 70(1)–(5) repealed (S.) by British Railways Order Confirmation Act 1980 (c. xxviii), Sch. para. 4

F26 S. 70(1)–(4) repealed (E.W.) by British Railways Act 1978 (c. xxi), ss. 25(6), 30, Sch. 4

F27 S. 70(7) repealed (S.) by British Railways Order Confirmation Act 1980 (c. xxviii), Sch. para. 4

Modifications etc. (not altering text)

C8 Power to modify s. 70 conferred by Transport Act 1978 (c. 73), Sch. 16 para. 5(4)

C9 S. 70(5)–(7) amended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 paras. 9(5), 10(3)(4)

71 Terms and conditions of employment of transport police. E+W+S

(1) If any of the Boards in pursuance of a scheme under section sixty-nine of this Act arrange to establish a joint police force consisting of constables appointed under section fifty-three of the M28 British Transport Commission Act 1949, they shall also arrange to establish a conference consisting of an equal number of representatives of those Boards on the one hand and of the members of the police force on the other hand, to which all questions relating to rates of pay, hours of duty and conditions of service of members of the police force shall be referred.

(2) If and so long as any Board in pursuance of a scheme under section sixty-nine of this Act employ a separate police force consisting of constables appointed under the said section fifty-three, that Board shall arrange for the establishment of a separate conference consisting of an equal number of representatives of the Board and of the members of their police force to which all questions relating to rates of pay, hours of duty and conditions of service of members of the police force shall be referred.

(3) If and so long as there are two or more conferences established under the foregoing provisions of this section (hereinafter referred to as constituent conferences), the Boards concerned shall arrange for the establishment of a central conference which shall consist of an equal number of representatives of those Boards on the one hand, and of their police forces on the other hand, elected from the constituent conferences, and there shall be an appeal from the constituent conferences to the central conference.

(4) In the event of disagreement between the two sides of a conference established under this section (except a conference from which an appeal lies to a central conference), an independent chairman shall be appointed with power to give decisions which shall have effect as decisions of the conference, the said chairman to be chosen by mutual agreement or failing agreement to be nominated by [F28 the Secretary of State].

(5) On the coming into force of this section any arrangements made in pursuance of section ninety-seven of the M29 Transport Act 1947 (which contains provisions corresponding to those of this section), shall cease to have effect.

Textual Amendments

F28 Words substituted by virtue of S. I. 1968/729, arts. 2(1), 3(2)

Modifications etc. (not altering text)

C10 Power to modify s. 71 conferred by Transport Act 1978 (c. 73), Sch. 16 para. 5(4)

Marginal Citations

M28 1949 c. xxix.

M29 1947 c. 49.

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

(1) 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—

(a) 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

(b) 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.

(2) 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 [F29 the Secretary of State].

(3) 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.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Textual Amendments

F29 Words substituted by virtue of S. I. 1968/729, arts. 2(1), 3(2)

F30 S. 72(4) repealed by Transport Act 1968 (c. 73), Sch. 18 Pt. I

Modifications etc. (not altering text)

C11 S. 72 excluded by Transport Act 1968 (c. 73), s. 137(8)

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

(1) 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.

(2) 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.

Modifications etc. (not altering text)

C12 S. 73 extended by Transport Act 1968 (c. 73), s. 136

C13 S. 73 amended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 25(1)

74 Minister’s power to make orders about pensions. U.K.

(1) The Minister may make orders—

(a) 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—

(i) their employees, or persons who have been in their employment, or

(ii) 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 M30 Transport Act 1947, or

(iii) 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;

(b) 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.

(2) Without prejudice to the powers conferred by the foregoing subsection, the Minister may make orders—

(a) 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,

(b) 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,

(c) 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

(d) for re-arranging, amalgamating, simplifying and assimilating pension schemes the participants in which include any such persons.

(3) An order under this section may in particular provide—

(a) for altering or winding up any pension scheme,

(b) for varying any trust or transferring any pension fund, or obligations or liabilities under a pension scheme,

(c) 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,

(d) for establishing any body to administer or assist in administering a pension scheme,

(e) for enabling all or any of the participants in a pension scheme to become instead participants in another pension scheme,

(f) 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,

(g) 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.

(4) 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.

(5) An order under this section shall have effect notwithstanding anything in—

(a) any local enactment, or

(b) any regulations or other instrument made under the M31 Transport Act 1947, or the M32 Transport Act 1953, and continued in force by this Act, or

(c) the Truck Acts, 1831 to 1940, or the M33 Shop Clubs Act 1902, or

(d) section eighty of the M34 London Passenger Transport Act 1933 (which contains transitional provisions concerning superannuation funds affected by that Act),

and may amend or repeal any such enactment or instrument as is mentioned in paragraphs (a) and (b) of this subsection.

(6) (a) 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.

(b) 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.

(c) 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.

(d) The Minister of Labour may, with the consent of the Treasury, pay out of money provided by Parliament—

(i) 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

(ii) to persons giving evidence before any such referees or board such allowances as he may with the consent of the Treasury determine.

(e) 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.

(f) Nothing in the M35 Arbitration Act 1950, shall be construed as applying to any proceedings before a referee or board of referees appointed under this section.

(7) 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.

(8) 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.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 an order under this section shall have effect notwithstanding anything in regulations made under the said Act before the order was made.

Textual Amendments

F31 Words repealed by Statute Law Revision (Consequential Repeals) Act 1965 (c. 55).

Modifications etc. (not altering text)

C14 S. 74 extended by Transport Act 1968 (c. 73), s. 136 and Transport Act 1980 (c. 34), s. 45, Sch. 6 para. 7.

C15 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).

C16 S. 74 amended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), ss. 25, 71(2), Sch. 5 para. 7.

C17 S. 74 extended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), ss. 26(1), 71(2), Sch. 5 para. 7.

C18 S. 74 restricted (6.1.1994) by 1993 c. 43, s. 134(2); S.I. 1993/3237, art. 2(2).

C19 S. 74(2)(a) modified (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 25(2)–(4).

C20 S. 74(6) amended by Employment Protection (Consolidation) Act 1978 (c. 44), s. 130, Sch. 10 para. 21.

Marginal Citations

M30 1947 c. 49.

M31 1947 c. 49.

M32 1953 c. 13.

M33 1902 c. 21.

M34 1933 c. 14.

M35 1950 c. 27.

75 Transitional provisions relating to pensions. U.K.

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.