London Passenger Transport Act 1933

SCHEDULES

F1 F1 FIRST SCHEDULE U.K.

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Textual Amendments

F1 Sch. 1 repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. II

SECOND SCHEDULE U.K.

Part I U.K.

The Underground undertakings U.K.

(1) The undertakings owned by the following undertakers:—

• The London Electric Railway Company.

• The Metropolitan District Railway Company.

• The Central London Railway Company.

• The City and South London Railway Company.

• The Lots Road Power House Joint Committee.

• The London General Omnibus Company, Limited.

• London General Country Services, Limited.

• Overground, Limited.

• The Tramways (M.E.T.) Omnibus Company, Limited.

• The Metropolitan Electric Tramways, Limited.

• The London United Tramways, Limited.

• The Union Surplus Lands Company, Limited.

• The Union Construction and Finance Company, Limited.

• Morden Station Garage, Limited.

• Acme Pullman Services, Limited.

• Bucks Expresses (Watford), Limited.

• Green Line Coaches, Limited.

• Skylark Motor Coach Company, Limited.

(2) That part of the undertaking owned by the South Metropolitan Electric Tramways and Lighting Company, Limited, which consists of a tramway and light railway undertaking (which part shall for the purposes of this Act be deemed to be a separate undertaking owned by the said company).

Part II U.K.

The Metropolitan undertaking U.K.

The undertaking owned by the following undertakers:—

The Metropolitan Railway Company, excluding the undertaking of the Surplus Lands Committee.

Part III U.K.

The local authorities’ undertakings U.K.

Any tramway, light railway or trolley vehicle undertaking owned or worked by the following undertakers, being local authorities:—

• The mayor, aldermen and burgesses of the borough of Barking.

• The Bexley Urban District Council.

• The mayor, aldermen and burgesses of the county borough of Croydon.

• The mayor and commonalty and citizens of the City of London.

• The Dartford Urban District Council.

• The mayor, aldermen and burgesses of the county borough of East Ham.

• The Erith Urban District Council.

• The Hertfordshire County Council.

• The mayor, aldermen and burgesses of the borough of Ilford.

• The mayor, aldermen and burgesses of the borough of Leyton.

• The London County Council.

• The Middlesex County Council.

• The mayor, aldermen and burgesses of the borough of Walthamstow.

• The mayor, aldermen and burgesses of the county borough of West Ham.

Part IV U.K.

The Tilling undertakings U.K.

The undertakings owned by the following undertakers:—

Thomas Tilling, Limited.

Tilling and British Automobile Traction, Limited.

Part V U.K.

The Independent undertakings U.K.

The undertakings owned by the following undertakers:—

• G. H. Allitt and Sons, Limited.

• Ambassador Bus Company, Limited.

• Amersham and District Motor Bus and Haulage Company, Limited.

• B.B.P. Omnibus Company, Limited.

• Birch Brothers, Limited.

• E. Brickwood, Limited.

• Cardinal Omnibus Company, Limited.

• Chariot Omnibus Services, Limited.

• Chocolate Express Omnibus Company, Limited.

• City Motor Omnibus Company, Limited.

• Cleveland Omnibus Company, Limited.

• Convey & Clayton of 88, Brantwood Road, Tottenham, N.17.

• Eagle Omnibus Company, Limited.

• Earl Motor Omnibus Company, Limited.

• Empress Motors, Limited.

• Enterprise Transport Company, Limited.

• Essex Omnibus Company, Limited.

• Filkins & Ainsworth, Limited.

• Glen Omnibus Company (London), Limited.

• Gordon Omnibus Company, Limited.

• Robert Hawkins & Company, Limited.

• F. W. Hayes, of 355, Bensham Lane, Thornton Heath, Surrey.

• Holiday & Bangs, of 9, Branksome Road, Acre Lane, Brixton, S.W.2.

• E. G. Hope, of 13, Effra Parade, Brixton, S.W.2.

• F. J. C. Kirk, of 1, Larkswood Road, South Chingford, E.4.

• Miller Traction Company, Limited.

• A. Mills, of 10, Linver Road, S.W.6.

• Nelson Omnibus Company, Limited.

• Paterson Omnibus Company, Limited.

• Peraeque Transport Company, Limited.

• Perkins Omnibus Company, Limited.

• C. H. Pickup, of 25, Dulwich Village, S.E.21.

• Pioneer Omnibus Company.

• Powell & Whybrow, of 21, Percy Road, Goodmayes, Essex.

• Premier Omnibus Company, Limited.

• Prince Omnibus Company, Limited.

• Pro Bono Publico, Limited.

• E. Puttergill, Limited.

• A. H. Raper, of Newton’s Garage, Verney Road, Bermondsey, S.E.16.

• F. A. Rasey, of 10, Mafeking Road, Tottenham, N.17.

• Red Rover Omnibus, Limited.

• Reliance Omnibus Company, Limited.

• Renown Traction Company, Limited.

• Charles Russett and Son, of 20, St. Peter Street, St. Albans, Herts.

• Ryan Omnibus Company.

• St. George Omnibus Company, Limited.

• Sphere Omnibus Company, Limited.

• F. Steer, of Colne Cottage, London Colney, St. Albans, Herts.

• A. G. Summerskill, Limited.

• Supreme Motor Omnibus Company, Limited.

• Triumph Motor Omnibus Company.

• United Omnibus Company, Limited.

• Victory Omnibus Company, Limited.

• Westminster Omnibus Company, Limited.

• Woolvetet & Carswell, of 32, Rye Hill Park, Peckham Rye, S.E.15.

Part VI U.K.

The Lewis undertaking U.K.

The undertaking owned by the Lewis Omnibus Company, Limited.

THIRD SCHEDULE U.K. Issue of Transport Stock to Companies owning the Underground Undertakings and distribution of that stock

Parts I, II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 Schs. 3 Pts. I, II, 4, 6 repealed by Statute Law Revision Act 1960 (c. 56)

Part III U.K. Constitution of the Central London (New) Guaranteed Assented Stock

1 U.K. For the purposes of constituting the Central London (New Guaranteed Assented Stock (in this Schedule referred to as the new assented stock) a new trust deed shall be executed between the Underground Company of the first part, and Glyn, Mills and Co. (in this Schedule referred to as the said trustees) of the second part, and [F3 the Executive] of the third part, containing such terms and conditions as may be necessary to give effect to the provisions of subsection (2) of section eighty-eight of this Act and of this Schedule and such other terms and conditions of a like nature to the terms and conditions of the trust deed dated the thirteenth day of December, nineteen hundred and twelve (in this Schedule referred to as the old trust deed) and made between the Underground Company of the one part and Glyn, Mills and Co. (then and therein called Glyn, Mills, Currie and Co.) of the other part as are not inconsistent with those provisions.

Textual Amendments

F3 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I and Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)(g)

2 U.K. The new assented stock shall be issued by the said trustees as trustees against and secured by the ”C’ transport stock to which the said trustees become entitled under Part II of this Schedule as holders of Central London Railway ordinary, preferred ordinary and deferred ordinary stocks held by the said trustees upon the trusts of the old trust deed.

3 U.K. The new assented stock shall be of a similar character to the Guaranteed Assented Stocks constituted by the old trust deed but having its fixed rate of interest of four per cent. per annum guaranteed by [F4 the Executive] and not by the Underground Company.

Textual Amendments

F4 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I and Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)(g)

4 U.K. The interest received by the said trustees in respect of any year on the ”C’ transport stock to which they become so entitled shall be applied by the said trustees as follows:—

(a) to the payment of interest for that year at the fixed rate of four per cent. per annum on the new assented stock;

(b) as to forty per cent. of the balance, to the payment of additional interest for that year on the new assented stock; and

(c) as to sixty per cent. of the balance, in repayment to [F5 the Executive].

Textual Amendments

F5 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I and Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)(g)

5 U.K. The holders of the new assented stock may at their option, to be exercised within six months from the date of the issue of that stock, surrender to the said trustees the whole or any part of the stock so issued to them and shall thereupon, subject as hereinafter provided, be entitled to receive in exchange from the said trustees £92 10s. of ”C’ transport stock held by the said trustees for every £100 of new assented stock so surrendered:

Provided that, where the amount of transport stock to which a person would be so entitled comprises a fractional part of a pound, the said trustees shall, in lieu of transferring the amount, transfer to that person transport stock to the amount of the next even pound below the amount to which he would be so entitled and shall, as soon as may be after the expiration of the said six months, sell the amount of transport stock representing the fractional parts of transport stock not so transferred and shall distribute the net proceeds thereof in due proportions amongst the several holders who, but for this provision, would have been entitled to the fractional parts.

6 U.K. If and so soon as the ”C’ transport stock held by the said trustees is redeemed by [F6 the Executive], the redemption moneys received by the said trustees in respect of that stock shall be distributed amongst the holders of the new assented stock when the redemption takes place pro rata to their holdings of that stock and the new assented stock shall thereupon be satisfied and extinguished.

Textual Amendments

F6 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I and Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)(g)

F7 F7 FOURTH SCHEDULE U.K.

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Textual Amendments

F7 Schs. 3 Pts. I, II, 4, 6 repealed by Statute Law Revision Act 1960 (c. 56)

Sections 7, 81, 87 and 89.

FIFTH SCHEDULE U.K. Distribution of Transport Stock issued as consideration for Transfer of Undertakings to the Board and the winding up of certain Companies whose Undertakings are transferred

1 U.K. The provisions of this Schedule shall have effect with relation to the distribution of stock issued under this Act to the companies specified in Part II of the Third Schedule (which companies are in this Schedule referred to as “the Underground principal companies”) and to the company owning the Metropolitan Undertaking (which company is, in this Schedule referred to as “the Metropolitan Company”) amongst the holders of the various classes of stock (which expression in this Schedule includes debenture stock and shares and other securities) of those companies, and with relation to the distribution of the remaining assets of, and the winding up and dissolution of the companies specified in Part I of the Second Schedule to this Act other than the South Metropolitan Electric Tramways and Lighting Company, Limited (which companies are in this schedule referred to as “the Underground Companies”) and of the Metropolitan Company.

(2) Each of the Underground Companies, not being a statutory company, shall be wound up voluntarily in accordance with the provisions of the M1 Companies Act 1929, relating to members’ voluntary winding up, save in so far as such provisions are varied by, or are inconsistent with the provisions of this Schedule.

(3) The winding up of each company which is directed to be wound up by the last preceding paragraph shall—

(a) commence on the appointed day without the passing of any special or other resolution by that company for winding up;

(b) be conducted by the directors of that company in office at the appointed day who shall be deemed joint liquidators for the purposes of the winding up with power to act by a majority of their number.

(4) In the winding up of the Tramways (M.E.T.) Omnibus Company, Limited, the London General Omnibus Company, Limited, shall not be entitled in respect of its holding of the preference shares of that company to participate in the distribution of the transport stock to be issued to the Tramways (M.E.T.) Omnibus Company, Limited, under this Act or other the properties or assets of that company distributable amongst its members on the winding up thereof, neither shall the Board be entitled to participate in such distribution in respect of those preference shares.

(5) (a) On a date as soon as may be after the appointed day, such date to be fixed by the directors of each of the Underground principal companies and of the Metropolitan Company (in this Schedule called “the distribution date”) every holder of stock (other than the Four per cent. Terminable Debenture Stock of the Metropolitan Company) in any of those companies shall deliver up to that company the certificates (which expression in this Schedule includes debentures, bonds or other documents of title) of the stock held by him, and on such delivery the directors of the company shall, subject as hereinafter provided, distribute or cause to be distributed to each such stockholder, in substitution for the stock of the company so held by him, transport stock of the amount and class to which he is entitled, in the case of stock of an Underground principal company, by virtue of Part II of the Third Schedule to this Act, and in the case of stock of the Metropolitan Company, by virtue of Part II of the Fourth Schedule to this Act, and pay to each such stockholder (being a holder of debenture stock) any interest accrued to the appointed day and unpaid on such debenture stock:

Provided that—

(i)

where the amount of transport stock to which a person would be so entitled comprises a fractional part of a pound the company distributing or causing to be distributed the transport stock shall, in lieu of distributing or causing to be distributed that amount, distribute or cause to be distributed to that person transport stock to the amount of the next even pound below the amount to which he would be so entitled, and the company shall sell, or cause to be sold, the amount of stock representing the fractional parts not so distributed and shall distribute, or cause to be distributed, the net proceeds thereof in due proportion amongst the several stockholders who, but for this provision, would have been entitled to the fractional parts; and

(ii)

the directors may dispense with the delivery of the certificate if the loss or destruction thereof is proved to their reasonable satisfaction.

(b) The issue to any debenture stockholder of the transport stock to which he is so entitled and the payment to him of the interest, if any, accrued to the appointed day and unpaid on his debenture stock shall operate as a satisfaction and discharge of that debenture stock and of all the rights and claims of the holder in respect thereof.

(6) Subject to the provisions of this Act the registers of members and transfer books of each of the Underground principal companies and of the Metropolitan Company shall be finally closed on such date previous to the distribution date as the directors of the company may determine, and notice of such closing shall be given by the company to the secretary of the London Stock Exchange, and also by advertisement in two London daily newspapers thirty days before the date on which such registers or books are to be closed, and after the date of closing such registers or books the company may refuse to register any transfer of any of the company’s stocks.

(7) [F8 The Executive] shall, if so required by any of the Underground principal companies or by the Metropolitan Company before the transport stock to be issued as consideration for the transfer to the Board of the undertaking of the company is issued to the company, instead of issuing to the company the whole of the transport stock to be so issued to it, issue the transport stock to such amounts and to such persons as the company may require, and the issue of transport stock in accordance with such requirements shall, to that extent, discharge [F8 the Executive] of its liability to issue transport stock to the company.

(8) In the case of each of the Underground companies and of the Metropolitan Company any sums (in cash or liquid assets) retained by the company or repaid to the company by [F8 the Executive] under section eighty-two of this Act (not being sums which by that section are to be applied to the payment of interest on the debenture stocks of the company) shall (subject to the payment and discharge of any liability which under this Act is to continue as a liability of the company or is not otherwise provided for) be deemed to be profits of the company available for immediate distribution as dividend and shall be distributed accordingly in one or more distributions amongst the stockholders of the company (other than debenture stockholders) in accordance with their respective rights and (in the case of a company being a statutory company), notwithstanding anything in any special Act relating to the company prescribing the date at which and the period in respect of which dividends on any particular classes of stock of the company may be distributed:

Provided that, if authorised so to do by a resolution of the company at a meeting convened for that purpose, whether held before or after the passing of this Act, the directors may out of any moneys so available for distribution amongst the stockholders of the company retain or pay any sums to any persons as compensation for loss of office or employment or in recognition of past services rendered to the company.

(9) Where any of the companies to which this Schedule relates is unable after diligent inquiry to find the person to whom any transport stock is issuable or money is payable, or where any stock is issuable or money is payable to a person who, or whose committee cannot give effectual receipt for the same, the company may transfer the stock or pay the money, as nearly as may be, in manner provided for payment of securities or money into court by trustees under section sixty-three of the M2 Trustee Act 1925 and that section shall apply with all necessary modifications to such stock and money.

(10) When in the case of any company (being a statutory company) to which this Schedule relates the distribution of stock or money has been completed in accordance with the provisions of this Schedule, the company may apply to the Board of Trade, and the Board of Trade, if satisfied that the said conditions have been complied with, shall give a certificate to that effect, and upon publication of such certificate in the London Gazette the company shall be dissolved.

(11) Any expenses incurred by the Board of Trade under the last preceding paragraph shall on demand be paid to the Board of Trade by [F8 the Executive].

(12) The rights conferred by this Act on the holders of the various classes of stocks of any of the said companies, being a statutory company, shall be in substitution for the rights conferred on them in the event of the winding up of the company under the enactments relating to the company.

Textual Amendments

F8 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I and Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)(g)

Marginal Citations

M1 1929 c. 23.

M2 1925 c. 19.

F9 F9 SIXTH SCHEDULE U.K.

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Textual Amendments

F9 Schs. 3 Pts. I, II, 4, 6 repealed by Statute Law Revision Act 1960 (c. 56)

Sections 15, 16, 17, 99 and 107.

SEVENTH SCHEDULE U.K. London Passenger Transport Area

Part I U.K.

The London Passenger Transport Area shall consist of the area comprised within the continuous purple line shown on the signed map (which expression in this Schedule means the map signed in triplicate by the Rt. Honourable the Earl of Lytton, the Chairman of the Joint Committee of the House of Lords and the House of Commons to which the Bill for this Act was referred and which has been deposited, as to one copy, in the Parliament Office of the House of Lords, as to another copy, in the Committee and Private Bill Office of the House of Commons, and, as to a third copy, at the Ministry of Transport).

Parts II—IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 U.K.

Textual Amendments

F10 Sch. 7 Pts. II–IV repealed by Transport (London) Act 1969 (c. 35), Sch. 6

F11 F11 EIGHTH SCHEDULE U.K.

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Textual Amendments

F11 Sch. 8 repealed by Statute Law Revision Act 1960 (c. 56)

F12 F12 NINTH SCHEDULE U.K.

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Textual Amendments

F12 Sch. 9 repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. I

F13 F13 TENTH SCHEDULE U.K.

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Textual Amendments

F13 Sch. 10 repealed by Transport Act 1947 (c. 49), Sch. 15 Pt. II

F14 F14 ELEVENTH–THIRTEENTH SCHEDULE U.K.

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Textual Amendments

F14 Schs. 11–13 repealed by Road Traffic Act 1960 (c. 16), s. 267, Sch. 18

FOURTEENTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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Modifications etc. (not altering text)

C1 Sch. 14 repealed by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV

F24 F24 FIFTEENTH SCHEDULE U.K.

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Textual Amendments

F24 Sch. 15 repealed by Statute Law Revision Act 1960 (c. 56)

F25 F25 SIXTEENTH SCHEDULE U.K.

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Textual Amendments

F25 Sch. 16 repealed by Statute Law Revision Act 1950 (c. 6)