(1) In this Act, except where the context otherwise requires, and except in any Part as respects which the expression in question is separately defined, the following expressions have the following meanings respectively, that is to say—
“the Act of 1960” means the Road Traffic Act 1960;
“the Act of 1962” means the Transport Act 1962;
“appointed day” means the relevant day appointed under section 166(2) of this Act;
“area bus service” means a bus service which is, or so far as it is, a service on which passengers may be taken up and set down at different places within the same area designated under section 9(1) of this Act, whether or not any passengers on that service may also be taken up or set down outside that area;
“the Boards” means the Boards established under section 1 of the Act of 1962, namely, the British Railways Board,. . . the British Transport Docks Board and the British Waterways Board, and references to a Board shall be construed accordingly;
“the Bus Company” means the National Bus Company established under section 24 of this Act;
“bus service” means a stage carriage service within the meaning of Part I of the Public Passenger Vehicles Act which is neither—
(a) an excursion or tour; nor
(b) a service as regards which the condition specified in section 2(3)(a) of the Public Passenger Vehicles Act 1981 (long journeys only) is satisfied;
“bus service”means a local service other than one on which the passengers travel together on a journey, with or without breaks, from one or more places to one or more places and back
“carriageway” has the same meaning as in the Roads (Scotland) Act 1984;
“charges” includes fares, rates, tolls and dues of every description;
“the Docks Board” means the British Transport Docks Board established under section 1 of the Act of 1962;
“excursion or tour” means a stage or express carriage service on which the passengers travel together on a journey, with or without breaks, from one or more places to one or more other places and back;
“express carriage” and “stage carriage” have the same meanings respectively as for the purposes of the Public Passenger Vehicles Act 1981;
“ferry service” means a transport service by water (including such a service by means of a hovercraft) which carries passengers and operates regularly between two or more points both or all of which are in Great Britain;
“functions” includes powers, duties and obligations;
“goods” includes animals and mails;
“harbour” has the same meaning as in the Act of 1962;
“highway authority” in relation to any highway means—
(a) for the purposes of the application of this Act to England or Wales, the highway authority for that highway under Part I of the Highways Act 1980;
(b) for the purposes of the application of this Act to Scotland—
(i) where the highway is a trunk road, the Secretary of State; and
(ii) in any other case, the regional or islands council;
“the Holding Company” means the Transport Holding Company established under section 29 of the Act of 1962;
“hovercraft” has the same meaning as in the Hovercraft Act 1968;
“inland waterway” includes every such waterway whether natural or artificial;
“land” includes land covered by water and any interest or right in, over or under land;
“lease” includes an agreement for a lease;
“liability” includes an obligation;
“local roads authority” has the same meaning as in the Roads (Scotland) Act 1984;
“local service” has the same meaning as in the Transport Act 1985;
“the Minister” means, save as otherwise expressly provided and in particular subject to sections . . .9(6), 17(6)(a) and 28(6) of this Act, the Secretary of State;
“the new authorities” means. . . the Bus Company andthe Scottish Group;
“participant”, in relation to a pension scheme, means a person who (whether he is referred to in the scheme as a member, as a contributor or otherwise) contributes or has contributed under the scheme and has pension rights thereunder and “participate” shall be construed accordingly;
“pension”, in relation to a person, means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of him, and includes a gratuity so payable and a return of contributions to a pension fund, with or without interest thereon or any other addition thereto and any sums payable on or in respect of the death of that person;
“pension fund” means a fund established for the purposes of paying pensions;
“pension rights” includes, in relation to any person, all forms of right to or eligibility for the present or future payment of a pension, and any expectation of the accruer of a pension under any customary practice, and includes a right of allocation in respect of the present or future payment of a pension;
“pension scheme” includes any form of arrangement for the payment of pensions, whether subsisting by virtue of Act of Parliament, trust, contract or otherwise;
“plated weight”, in relation to a vehicle, means a weight required to be marked on it by means of a plate in pursuance of regulations made by virtue of section 41 of the Road Traffic Act 1988 or required to be so marked by section 57 or 58 of that Act.;
“public road” has the same meaning as in the Roads (Scotland) Act 1984;
“public service vehicle” has the same meaning as for the purposes of the Public Passenger Vehicles Act 1981;
“the Railways Board” means the British Railways Board established under section 1 of the Act of 1962;
“road” and “roads authority” have the same meanings as in the Roads (Scotland) Act 1984;
“road service licence” has the same meaning as for the purposes of the Act of 1960. . . ;
“Scottish Group” means the Scottish Transport Group established under section 24 of this Act;
“securities”, in relation to a body corporate, means any shares, stock, debentures, debenture stock, and any other security of a like nature, of the body corporate;
“subsidiary” and “wholly-owned subsidiary”, subject to sections 23A(2) and 51(5) of this Act, have the same meanings respectively as in the Act of 1962;
“vehicle” includes a hovercraft;
“the Waterways Board” means the British Waterways Board established under section 1 of the Act of 1962;
“Wales” includes Monmouthshire, and references to England shall be construed accordingly.
(2) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.
(3) In this Act—
(a) any reference to a county (other than one to a metropolitan county) shall be construed in relation to Wales as including a reference to a county borough;
(b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and
(c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.
(1) Nothing in section 12 of the Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) ... shall be taken as applying to this Act.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the appropriate Board or new authority or appropriate Executive for any area which is an integrated transport area or a passenger transport area for the purposes of Part II of this Act as having been made or executed in pursuance of Schedule 4 to this Act ... ; but no such instrument shall be deemed to be duly stamped unless it is stamped with the duty to which it would but for this subsection be liable or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.
(1) Where any premises are occupied wholly or partly—
(a) for purposes of a subsidiary of the Railways Board, the London Transport Executive or the Waterways Board which, if the undertaking of that subsidiary formed part of the undertaking of that Board, would be non-rateable purposes within the meaning of subsection (6) of section 32 of the General Rate Act 1967;. . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
then, for the purposes of the rating of those premises so far as they are occupied for such purposes as are mentioned in paragraph (a). . . of this subsection, the undertaking of that subsidiary of that Board. . . shall be deemed to form part of the undertaking of that Board and the premises so far as so occupied shall be deemed to be occupied for non-rateable purposes of that Board.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Notwithstanding anything in subsection (6) or (7) of the said section 32, purposes of the exercise by any of the Boards aforesaid. . . of any powers conferred by section 48 or subsections (1) to (7) of section 50 of this Act or purposes of the exercise by a subsidiary of any of those Boards. . . of corresponding powers shall not be treated as non-rateable purposes within the meaning of the said section 32(6).
(4) Where any premises are occupied partly for such purposes as are mentioned in subsection (1)(a). . . of this section and partly for other purposes. . . of such a subsidiary as is so mentioned, then—
(a) where those premises are a hereditament in England or Wales—
(i) there shall be ascribed to the hereditament under section 19 of the said Act of 1967 such net annual value as may be just having regard to the extent to which it is occupied for those other purposes; and
(ii) if under any scheme for the time being in force such as is mentioned in section 117(7) of that Act any deduction falls to be made from the net annual value of the hereditament in arriving at its rateable value, that deduction shall be calculated with regard only to those other purposes;
(b) where those premises are lands and heritages within the meaning of the Lands Valuation (Scotland) Act 1854—
(i) it shall be the duty of the Assessor of Public Undertakings (Scotland) to ascertain and fix such net annual value as may be just, having regard to the extent to which the premises are occupied for those other purposes, and for the foregoing purpose subsections (2) and (3) of section 124 of the Local Government Act 1948 (subjects to be valued by Assessor of Public Undertakings (Scotland) shall apply as they apply for the purposes of subsection (1) of that section; and
(ii) the deduction, if any, to be made by the Assessor from the net annual value in arriving at the rateable value shall be calculated with regard only to those other purposes.
(5) Section 32(4) of the said Act 1967 (which provides for the rating of railway or canal premises in England and Wales occupied partly for certain specified purposes) shall have effect as if after paragraph (b)thereof there were inserted the following paragraph:—
(c) purposes of the exercise by a transport Board of any powers conferred by section 48 or subsections (1) to (7) of section 50 of the Transport Act 1968
.
(6) Section 87(1) of the said Act of 1948 (which provides for the rating of railway or canal premises in Scotland occupied partly for non-rateable purposes and partly for other purposes) shall have effect in relation to the Railways Board and the Waterways Board as if references to other purposes included only references to other purposes being—
(a) purposes of any parts of the undertaking of either of those Boards which, within the meaning of section 86 of that Act, are concerned with the carriage of goods or passengers by road transport or sea transport or with harbours; or
(b) purposes of any parts of the said undertakings which are subsidiary or incidental to any such part as aforesaid; or
(c) purposes of the exercise by those Boards of any powers conferred by section 48 or subsections (1) to (7) of section 50 of this Act.
(7) In the application of this section to Scotland—
(a) for any reference to subsection (6) of section 32 of the said Act of 1967 there shall be substituted a reference to section 86(2) of the Local Government Act 1948;
(b) for the reference to subsection (5) of the said section 32 there shall be substituted a reference to section 66(3) of the Act of 1962.
There shall be paid out of moneys provided by Parliament—
(a) any expenses incurred by any Minister under or in consequence of the provisions of this Act;
(b) any increase attributable to any of the provisions of this Act in the sums so payable under any other Act.
(1) The provisions of this Act set out in Part I of Schedule 17 to this Act shall extend to Northern Ireland subject to the modifications set out in Part II of that Schedule, but save as aforesaid this Act shall not extend to Northern Ireland.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This Act may be cited as the Transport Act 1968.
(2) Section 93 of this Act shall come into force on the passing of this Act and the other provisions of this Act shall come into force on such day as, subject to subsection (3) of this section, the Minister may by order appoint, and different days may be appointed for different purposes and different provisions of this Act.
(3) The reference to the Minister in subsection (2) of this section shall be construed—
(a) in relation to—
(i) the provisions of Part II of this Act; and
(ii) any of the following provisions of this Act, namely, sections 34, 36, 37, 44, 56, 116 to 119, 121, 122 and 126 to 130; and
(iii) the bringing into force with respect to the Scottish Group of any provision of this Act which refers to that Group,
as a reference to the Minister and the Secretary of State acting jointly;
(b) in relation to section 131 of this Act and to any section of this Act which relates only to Scotland, as a reference to the Secretary of State.
Sections 1 and 24.
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The Scottish Group shall consist of—
(a) a chairman appointed by the Secretary of State; and
(b) not more than ten nor less than five other members appointed by the Secretary of State after consultation with the chairman.
4 The chairman and other members of each of the new authorities shall be appointed from among persons who appear to the Minister or, as the case may be, the Secretary of State to have had wide experience of, and to have shown capacity in, transport, industrial, commercial or financial matters, applied science, administration or the organisation of workers.
5 In appointing the chairman and other members of any of the new authorities the Minister or, as the case may be, the Secretary of State shall have regard to the desirability of having members who are familiar with the special requirements and circumstance of particular regions and areas served by the authority in question. . .
6 The provisions of Part I of Schedule 1 to the Act of 1962 (which relate to the constitution and proceedings, and to the members, of the Boards) shall have effect as if each of the new authorities were one of the Boards, but in relation to the Scottish Group as if for any reference therein to the Minister there were substituted a reference to the Secretary of State.
SCHEDULE 2 Commencing Capital Debts of New Authorities
Sections 3 and 27.
1 Each of the new authorities shall severally assume a commencing capital debt due to the Minister of such amount respectively as the Minister may by order prescribe; and subsections (6) and (8) of section 39 of the Act of 1962 shall apply to that debt as they apply to the commencing capital debts of the Boards.
2 For the purposes of any period between the day appointed under section 166(2) of this Act for the purposes of the application to any of the new authorities of paragraph 1 of this Schedule, and the date of the making of the order with respect to that authority under that paragraph the Minister may estimate what the commencing capital debt of that authority is likely to be and require that authority to make to him provisional payments by way of interest on the estimated amount; and those provisional payments shall be on account of the payments of interest becoming due under section 39(6) of the Act of 1962 as applied by that paragraph.
3 Without prejudice to section 53(5) of this Act, the Minister may from time to time by order vary any of the amounts prescribed under paragraph 1 of this Schedule or in the case of the Freight Corporation, its commencing capital debt as determined by or under any enactment for the time being in force, where that appears to him to be expedient to take account—
(b) of any transfer of property, rights and liabilities under section 7(5) or (6) or 8(4) of this Act;
and any such order may contain such transitional provisions as appear to the Minister expedient to take account any interest underpaid or overpaid on the commencing capital debt of the authority in question;. . .
4 The Minister’s power to make an order under paragraph 1 or 3 of this Schedule shall be subject to the approval of the Treasury and any such order shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.
5 In the application of this Schedule or section 39(6) and (8) of the Act of 1962 to the Scottish Group, any reference therein to the Minister shall be construed as a reference to the Secretary of State.
SCHEDULE 4 Supplementary Provisions as to certain Transfers of Property, Rights and Liabilities
Sections 4, 5, 7, 8, 17, 28, 29 and 53.
Allocation of property, rights and liabilities
1 (1) The provisions of this paragraph shall have effect where a transfer to which this Schedule applies is a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking, but shall not apply to any such rights or obligations under an agreement for the rendering of personal services.
(2) Any property, rights or liabilities held or subsisting partly for the purpose of a part of the transferor’s undertaking which is transferred and partly for the purpose of a part of that undertaking which is retained by the transferor shall, where the nature of the property, rights or liability permits, be divided or apportioned between the transferor and the transferee in such proportions as may be appropriate; and, where any estate or interest in land falls to be so divided, any rent payable under a lease in respect of that estate or interest, and any rent charged on that estate or interest, shall be correspondingly apportioned or divided so that the one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest.
(3) Sub-paragraph (2) of this paragraph shall apply, with any necessary modifications, in relation to any feuduty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rent charged on an estate or interest in land.
(4) Any property, rights or liabilities held or subsisting as mentioned in sub-paragraph (2) of this paragraph the nature of which does not permit their division or apportionment as so mentioned shall be transferred to the transferee or retained by the transferor according to which of them appear at the transfer date likely to make use of the property, or, as the case may be, to be affected by the right or liability, to the greater extent, subject to such arrangements for the protection of the other of them as may be agreed between them or, if either of them is, or on a vesting by virtue of this Act will become, a wholly-owned subsidiary of some other body, as may be agreed between them and that other body.
(5) It shall be the duty of the transferor and the transferee, whether before or after the transfer date, so far as practicable to arrive at such written agreements, and to execute such other instruments, as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor and as will—
(a) afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and
(b) make as from such date, not being earlier than the transfer date, as may be specified in that agreement or instrument such clarifications and modifications of the division of the transferor’s undertaking as will best serve the proper discharge of the respective functions of the transferor and the transferee;
and if either the transferor or the transferee is, or on a vesting by virtue of this Act will become, a wholly-owned subsidiary of some other body, references in the foregoing provisions of this sub-paragraph to the transferor or, as the case may be, the transferee shall include references to that other body.
(6) Any such agreement shall provide so far as it is expedient—
(a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;
(b) for the granting of indemnities in connection with the severance of leases and other matters;
(c) for responsibility for registration of any matter in any description of statutory register.
(7) If the transferor or the transferee (not being in either case a wholly-owned subsidiary of some other body), or any body of which the transferor or the transferee is, or on a vesting by virtue of this Act will become, a wholly-owned subsidiary, represents to the Minister, or if it appears to the Minister without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (5) of this paragraph that such agreement will be reached, the Minister may, whether before or after the transfer date, give a direction determining the manner in which the property, rights or liabilities in question are to be divided between the transferor and the transferee, and may include in the direction any provision which might have been included in an agreement under the said sub-paragraph (5); and any property, rights or liabilities required by the direction to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee accordingly.
Rights and liabilities under agreement for rendering of personal services
2 (1) The provisions of this paragraph shall have effect where any rights and liabilities transferred under a transfer to which this Schedule applies are rights and liabilities under an agreement for the rendering of personal services.
(2) Where the transfer is of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking, the rights and liabilities under any agreement for the rendering of personal services by any person (hereafter in this paragraph referred to as “an employee”) shall be transferred only if immediately before the transfer date the employee is employed wholly or mainly for the purposes of the part of the transferor’s undertaking which is transferred.
(3) The transferor, the transferee or the employee may apply to the Minister to determine whether or not rights and liabilities in respect of the employee’s services under any particular agreement are transferred, and the Minister’s decision on the application shall be final.
(4) Any right to services transferred shall have effect on and after the transfer date as a right not only to the services to which the agreement relates but also to any reasonably comparable services under the transferee to be selected by the transferee; and any dispute between the transferee and the employee as to what are reasonably comparable services for the purposes of this sub-paragraph may be reported to the Secretary of State for Employment and Productivity by the transferee and, if a dispute so reported is not otherwise disposed of, that Secretary of State shall refer it for determination by the industrial court.
Right to production of documents of title
3 Where on any transfer to which this Schedule applies the transferor is entitled to retain possession of any documents relating in part to the title to, or to the management of, any land or other property transferred to the transferee, the transferor shall be deemed to have given to the transferee an acknowledgement in writing of the right of the transferee to production of that document and to delivery of copies thereof; and, in England and Wales, section 64 of the Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.
Perfection of vesting of certain property or rights
4 Where in the case of any transfer to which this Schedule applies any property or rights which fall to be transferred to the transferee cannot be properly vested in the transferee by virtue of this Act because transfers thereof are governed otherwise than by the law of a part of Great Britain, the transferor shall take all practicable steps for the purpose of securing that the ownership of the property or, as the case may be, the right is effectively transferred.
Proof of title by certificate
5 In the case of any transfer to which this Schedule applies, a joint certificate. . . by or on behalf of the Railways Board and the Scottish Group , that any property specified in the certificate, or any such interest in or right over any such property as may be so specified, or any right or liability so specified, is by virtue of this Act for the time being vested in, or in such wholly-owned subsidiary of, such one of the certifying authorities as may be so specified shall be conclusive evidence for all purposes of that fact; and if on the expiration of one month after a request from one of those authorities for the preparation of such a joint certificate as respects any property, interest, right or liability, the authorities concerned have failed to agree on the terms of the certificate, they shall refer the matter to the Minister and issue the certificate in such terms as the Minister may direct.
Restrictions on dealing with certain land
6 If the Minister is satisfied on the representation of the Railways Board,. . . or the Scottish Group that, in consequence of a transfer to which this Schedule applies, different interests in land, whether the same or different land, are held by, or by a wholly-owned subsidiary of, that authority and by, or by a wholly-owned subsidiary of, another of those authorities and that the circumstances are such that this paragraph should have effect, the Minister may direct that this paragraph shall apply to such of that land as may be specified in the direction, and while that direction remains in force—
(a) none of those authorities or their subsidiaries entitled to any interest in any of the specified land shall dispose of that interest except with the consent of the Minister;
(b) if in connection with any proposal to dispose of an interest of one of those authorities or their subsidiaries in any of the specified land it appears to the Minister to be necessary or expedient for the protection of any other of them, the Minister may—
(i) require any of those authorities or their subsidiaries entitled to an interest in any of the specified land to dispose of that interest to such person and in such manner as may be specified in the requirement; or
(ii) require any of those authorities or their subsidiaries to acquire from any other of them any interest in any of the specified land to which that other authority or subsidiary is entitled; or
(iii) consent to the proposed disposal subject to compliance with such conditions as the Minister may see fit to impose;
but a person other than one of those authorities or their subsidiaries dealing with, or with a person claiming under, one of those authorities or subsidiaries shall not be concerned to see or inquire whether this paragraph applies or has applied in relation to any land to which the dealing relates or as to whether the provisions of this subsection have been complied with in connection with that or any other dealing with that land, and no transaction with or between persons other than those authorities or subsidiaries shall be invalid by reason of any failure to comply with those provisions.
Construction of agreements, statutory provisions and documents
7 Where in the case of any transfer to which the Schedule applies any of the rights or liabilities transferred are rights or liabilities under an agreement to which the transferor was a party immediately before the transfer date, whether in writing or not, and whether or not of such nature that rights and liabilities thereunder could be assigned by the transferor, that agreement shall have effect on and after the transfer date as if—
(a) the transferee had been a party to the agreement, and
(b) for any reference (however worded and whether express or implied) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee, and
(c) any reference (however worded and whether express or implied) to any officer or any servant of the transferor were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointement, to the officer or servant of the transferee who corresponds as nearly as may be to that officer or servant of the transferor, and
(d) where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, as if the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee respectively as regards the part of the property, rights and liabilities retained by the transferor or, as the case may be, the part thereof vesting in the transferee and not as regards the other part;
and sub-paragraph (d) of this paragraph shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor.
8 Save as otherwise provided by any provision of this Act (whether expressly or by necessary implication) paragraph 7 of this Schedule, except sub-paragraph (a) thereof, shall apply in relation to any statutory provision, any provision of any agreement to which the transferor was not a party, and any provision of any document other than an agreement, if and so far as the provision in question relates to any of the transferred rights and liabilities, as it applies in relation to an agreement to which the transferor was a party, and, in relation to any such statutory or other provision as aforesaid, references in sub-paragraphs (b) and (c) of that paragraph to the transferor and to any officers or servants of the transferor include references made by means of a general reference to a class of persons of which the transferor is one, without the transferor himself being specifically referred to.
9 On and after the transfer date for any transfer to which this Schedule applies, any statutory provision to which paragraph 2(3) of Schedule 6 to the Act of 1962 applies if and so far as the provision in question relates to any of the transferred rights and liabilities, shall have effect as if—
(a) any of the references modified by paragraph (a) of the said paragraph 2(3) were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint, and
(a) any of the references modified by paragraph (b) of the said paragraph 2(3) were, as respects a period beginning with the transfer date, a reference to so much of the undertaking of the transferee as corresponds as mentioned in the said paragraph (b).
10 Without prejudice to the generality of the provisions of paragraphs 7 to 9 of this Schedule, the transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to and vested in the transferee by virtue of this Act as he would have had if that right or liability had at all times been a right or a liability of the transferee, and any legal proceedings or applications to any authority pending on the transfer date by or against the transferor, in so far as they relate to any property, right or liability transferred to the transferee by virtue of this Act, or to any agreement or enactment to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor.
11 If, in the case of any transfer to which this Schedule applies the effect of any agreement, and in particular any agreement under the Railway Road Transport Acts of 1928 mentioned in paragraph 1 of Part II of Schedule 2 to the Act of 1962, which was executed before the passing of this Act and to which the transferee is by virtue of this Act a party depends on whether the transferee has power to carry on any activity, it shall be assumed for the purposes of the agreement that any activity which requires the consent of the Minister under the Act of 1962 or this Act has been authorised by such a consent.
12 (1) References in paragraphs 7 to 11 of this Schedule to agreements to which the transferor was a party and to statutory provisions include in particular references to agreements to which the transferor became a party by virtue of the Act of 1962 and statutory provisions which applied to the transferor by virtue of that Act.
(2) The provisions of the said paragraphs 7 to 11 shall have effect for the interpretation of agreements, statutory provisions and other instruments subject to the context, and shall not apply where the context otherwise requires.
Third parties affected by vesting provisions
13 (1) Without prejudice to the provisions of paragraphs 7 to 12 of this Schedule, any transaction effected between a transferor and a transferee in pursuance of paragraph 1(5) or of a direction under paragraph 1(7) of this Schedule shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person.
(2) It shall be the duty of the transferor and transferee, if they effect any transaction in pursuance of the said paragraph 1(5) or a direction under the said paragraph 1(7), to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the transferor and as to part by or against the transferee, and if such a person applies to the Minister and satisfies him that the transaction operated unfairly against him the Minister may give such directions to the transferor and the transferee as appear to him appropriate for varying the transaction.
(3) If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule the rights or liabilities of any person other than one of the Boards or new authorities or a wholly-owned subsidiary thereof which were enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee, and the value of any property or interest of that person is thereby diminished, such compensation as may be just shall be paid to that person by the transferor, the transferee or both, and any dispute as to whether and if so how much compensation is so payable, or as to the person to whom it shall be paid, shall be referred to and determined by an arbitrator appointed by the Lord Chancellor or, where the proceedings are to be held in Scotland, by an arbiter appointed by the Lord President of the Court of Session.
(4) Where the transferor or the transferee under a transfer to which this Schedule applies purports by any conveyance or transfer to transfer to some person other than one of the Boards or new authorities or a wholly-owned subsidiary thereof for consideration any land or any other property which before the transfer date belonged to the transferor, or which is an interest in property which before that date belonged to the transferor, the conveyance or transfer shall be as effective as if both the transferor and the transferee had been parties thereto and had thereby conveyed or transferred all their interest in the property conveyed or transferred.
(5) If at any stage of any court proceedings to which the transferor or transferee under a transfer to which this Schedule applies and a person other than one of the Boards or new authorities or a wholly-owned subsidiary thereof are parties, it appears to the court that the issues in the proceedings depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor and the transferee have not yet effected, or to raise a question of construction on the relevant provisions of this Act which would not arise if the transferor and the transferee constituted a single person, the court may, if it thinks fit on the application of a party to the proceedings other than such a body as aforesaid, hear and determine the proceedings on the footing that such one of the transferor and the transferee as is a party to the proceedings represents and is answerable for the other of them, and that the transferor and the transferee constitute a single person, and any judgment or order given by the courts, shall bind both the transferor and the transferee accordingly.
(6) It shall be the duty of the transferor and the transferee under any transfer to which this Schedule applies to keep one another informed of any case where either of them may be prejudiced by sub-paragraph (4) or (5) of this paragraph, and if either the transferor or the transferee claims that he has been so prejudiced and that the other of them ought to indemnify or make a payment to him on that account and has unreasonably failed to meet that claim, he may refer the matter to the Minister for determination by the Minister.
SCHEDULE 5 Passenger Transport Authorities and Executives Passenger Transport Executives
Section 9.
Part I
The Authority
1 The Authority established for a designated area under an order made under section 9(1) of this Act shall consist of—
(a) such number of members appointed respectively by such of the councils of constituent areas, or by such two or more of those councils acting jointly, as may be specified in the order;
(b) such number of members not exceeding one-sixth of the aggregate number of the members appointed under sub-paragraph (a) of this paragraph as the Minister may see fit to appoint from among persons appearing to him to have special knowledge or experience which would be of value to the Authority in the exercise of their functions;
and the chairman of the Authority shall be such one of their number as the members of the Authority may with the approval of the Minister appoint.
2 If and to such extent as it appears to him appropriate so to do, the Minister may, in determining the council or councils by whom members of the Authority are to be appointed under paragraph 1(a) of this Part of this Schedule, take into account the product of a rate of one new penny in the pound for so much of the respective areas of the councils of constituent areas as falls within the designated area.
3 A person may be appointed as a member of the Authority for a designated area under the said paragraph 1(a) whether or not he is a member of the council or one of the councils by whom he is so appointed; but no person who is for the time being a member, officer or servant of the Executive for that designated area or who is for the time being a servant of a subsidiary of that Executive shall be appointed as a member of the Authority, and any person appointed to be a member of the Authority who subsequently becomes a member, officer or servant of that Executive or a servant of such a subsidiary shall forthwith vacate his membership of the Authority.
4 A person who at the date of his appointment as a member of the Authority under the said paragraph 1(a) was a member of the council or one of the councils by whom he was so appointed but who subsequently ceases to be a member of that council shall upon so ceasing also vacate office as a member of the Authority but shall be eligible for re-appointment.
5 If at any time not less than three months after the coming into force of the order under section 9(1) of this Act providing for the establishment of the Authority, or after a vacancy has arisen among the members of the Authority which falls to be filled by an appointment made under the said paragraph 1(a), the initial appointment of any member of the Authority falling to be made as aforesaid, or, as the case may be, an appointment to fill that vacancy, has not been made, the Minister, after consultation with the council or councils by whom the appointment falls to be made, may himself make the appointment on their behalf.
Part II
The Executive
1 The first persons to be appointed as the Director General or other members of the Executive for a designated area shall be appointed by the Authority for that area as soon as practicable after the establishment of that Authority.area has been designated.
2 No person who is for the time being a member of the Authority for the integrated transport area or, as the case may be, the combined authority area , the combined county authority area or the passenger transport area shall be appointed as a member of the Executive, and any person appointed to be a member of the Executive who subsequently becomes a member of the Authority for the integrated transport area or, as the case may be, the combined authority area , the combined county authority area or the passenger transport area shall forthwith vacate his membership of the Executive.
3 (1) Subject to paragraph 2 of this Part of this Schedule a member of the Executive shall hold and vacate his office in accordance with the terms of his appointment by the Authority and shall, on ceasing to be a member, be eligible for reappointment.
(2) Any member of the Executive may at any time by notice in writing to the Authority resign his office.
4 The Executive shall pay to or in respect of the members thereof such remuneration, allowances and pensions as the Authority may determine.
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III
Matters which may be dealt with by order under s. 9(1)
1 The fixing and notification of the dates on which the Authority and Executive respectively aredate on which the Executive is to be established.
2 The incorporation of the Authority.
3 The appointment—
(a) in accordance with Part I of this Schedule of members of the Authority; and
(b) by the Authority in accordance with section 9(1)(b)section 9(2) of this Act and Part II of this Schedule of members of the Executive.
4 The terms on which and period for which the members of the Authority are to hold office, and the vacation of office by those members.
5 The payment of allowances to, or to any class of, members of the Authority, and the payment of remuneration to the chairman of the Authority.
6 The proceedings of the Authority and the Executive respectively.
7 The establishment by the Authority and the Executive respectively of committees and the composition of those committees, including the establishment of advisory committees consisting wholly or partly of persons who are not members of the Authority or Executive.
8 The delegation of functions by the Authority or the Executive to a committee or to the chairman of the Authority or, as the case may be, the Director General of the Executive.
9 The authentication of documents of the Authority and the Executive respectively and provision for the treatment of such documents as evidence, and in Scotland sufficient evidence, of such facts as may be specified by the order.
10 The appointment by, or provision by the Executive for, the Authority of officers and servants, and the payment of remuneration and allowances to any officers and servants appointed by the Authority.
11 Provision—
(a) for treating the Authority or any subsidiary of the Executive for the purposes of pensions to or in respect of persons who are or have been employed by them as if they were the Executive for an integrated transport area , a combined authority area , a combined county authority area or a designatedpassenger transport area;
(b) as to the fund in the benefits of which any persons who are or have been employed by the Authority the Executive or a subsidiary of the Executive are to be entitled to participate;
(c) for the transfer to the authority administering that fund in relation to any such persons, instead of to the Executive, of any other fund in the benefits of which those persons are entitled to participate which would otherwise fall to be transferred to the Executive by an order under section 17 of this Act.
12 The provision of accommodation for the Authority by the Authority or by the Executive.
13 Provision applying, with or without modifications, to the Authority or the Executive, or to persons who are or have been members of the Authority or the Executive, or officers or servants of the Authority, the Executive or any subsidiary of the Executive, any enactment or instrument made under an enactment relating, as the case may be, to, or to persons who are or have been members of, or officers or servants of, local authorities or local authorities of a particular description.
14 The making of reports and the furnishing of information by the Authority and Executive to the Minister.
15 Any particular matters to be dealt with in the annual report of the Authority and the Executive under section 16 of this Act.
16 Provision for the person or persons by whom a member of the Authority is appointed to appoint also a deputy to act in that member’s place at any meeting of the Authority from which that member is absent, and for applying in relation to any such deputy, with or without modifications, any provision with respect to members of the Authority made by this Act or by the order.
17 Provision, as respects any period before the Authority appoint or are provided with their own officers and servants, for the discharge of functions of officers or servants of the Authority (including the convening of the first meeting of the Authority) by such officers or servants of such of the councils of constituent areas as may be determined in accordance with the order.
SCHEDULE 7 Bodies whose Securities are Transferred to Bus Company
Section 28.
Aldershot and District Traction Company Limited.
Amalgamated Passenger Transport Limited.
Bath Electric Tramways Limited.
Bath Tramways Motor Company Limited.
The Birmingham and District Investment Trust Limited.
The Birmingham and Midland Motor Omnibus Company Limited.
Brighton, Hove and District Omnibus Company Limited.
Bristol Commercial Vehicles Limited
Bristol Omnibus Company Limited.
British Transport Advertising Limited.
The City of Oxford Motor Services Limited.
Cheltenham District Traction Company.
Crosville Motor Services Limited.
Cumberland Motor Services Limited.
The Devon General Omnibus and Touring Company Limited.
Durham District Services Limited.
East Kent Road Car Company Limited.
East Midland Motor Services Limited.
East Yorkshire Motor Services Limited.
Eastern Coach Works Limited.
Eastern Counties Omnibus Company Limited.
The Eastern National Omnibus Company Limited.
Greenslades Tours Limited.
Hants and Dorset Motor Services Limited.
Hebble Motor Services Limited.
Lincolnshire Road Car Company Limited.
London Coastal Coaches Limited.
The Maidstone and District Motor Services Limited.
Mansfield District Traction Company.
The Mexborough and Swinton Traction Company Limited.
The Midland General Omnibus Company Limited.
Neath and Cardiff Luxury Coaches Limited.
North Western Road Car Company Limited.
The Northern General Transport Company Limited.
Nottinghamshire and Derbyshire Traction Company.
Newbury and District Motor Services Limited.
Otley Omnibus Stations Limited.
Park Royal Vehicles Limited.
The Potteries Motor Traction Company Limited.
Red and White Services Limited.
The Rhondda Transport Company Limited.
Ribble Motor Services Limited.
Shamrock and Rambler Motor Coaches Limited.
South Midland Motor Services Limited.
The South Wales Transport Company Limited.
Southdown Motor Services Limited.
The Southern National Omnibus Company Limited.
The Southern Vectis Omnibus Company Limited.
T.H.C. Bus Nominees Limited.
The Thames Valley Traction Company Limited.
Thomas Brothers (Port Talbot) Limited.
Throughways Transport Limited.
Tillings Transport (T.H.C.) Limited.
A. Timpson and Sons Limited.
Trent Motor Traction Company Limited.
United Automobile Services Limited.
United Counties Omnibus Company Limited.
United Welsh Services Limited.
West Riding Automobile Company Limited.
West Yorkshire Road Car Company Limited.
The Western National Omnibus Company Limited.
Western Welsh Omnibus Company Limited.
Wilts and Dorset Motor Services Limited.
The Yorkshire Traction Company Limited.
Yorkshire Woollen District Transport Company Limited.
London Country Bus Services Limited.
Section 94.
Part I
. . .
. . .
The Road Traffic Act 1960
Provision | Amendment
Section 123 (appointment of deputies to traffic commissioners). | In subsections (2) and (3) the references to Part IV of the Act of 1960 shall include references to Part V of this Act.
. . . | . . .
Section 233(1) (forgery of documents etc.). | In paragraph (a) the reference to any licence under any Part of the Act of 1960 shall include a reference to any licence. . . under Part V of this Act or Schedule 9 thereto.
In paragraph (c) the reference to Part IV of the Act of 1960 shall include a reference to Part V of this Act,. . . .
In paragraph (d) the reference to Part IV of the Act of 1960 shall include a reference to Part V of this Act.
Section 235(1) (false statements in connection with licences). | The reference to a licence under any Part of the Act of 1960 shall include a reference to any licence. . . under Part V of this Act or Schedule 9 thereto.
Section 247 (destination of fines). | References to. . . the foregoing provisions thereof shall include references to Part V of this Act and Schedule 9 thereto.
Sections 248 and 249 (inquiries). | The references to the Act of 1960 shall include references to Part V of this Act and Schedule 9 thereto.
Section 255 (method of calculating weight of vehicles). | The reference to the Act of 1960 shall include a reference to Part V of this Act.
Section 263(1) (protection of public interests). | The reference to Part IV of the Act of 1960 shall include a reference to Part V of this Act and Schedule 9 thereto. . .
Section 269 (saving for law of nuisance). | The reference to the Act of 1960 shall include a reference to Part V of this Act.
The Transport Act 1962
Provision | Amendment
Section 57 (the Transport Tribunal). | In subsections (4) and (5) the references to Part IV of the Act of 1960 shall include references to Part IV of the Act of 1960 shall include references to Part V of this Act and Schedule thereto.
In subsection (4) after the words “shall consist" there shall be inserted the words “except for the purpose of excersising the jurisdiction of the tribunal under Part V of, or Schedule 9 to, the Transport Act 1968".
Schedule 10, paragraphs 6(1) and 9(b) (special panel and expences of tribunal). | The references to Part IV of the Act of 1960 shall include references to Part V of this Act and Schedule 9 thereto.
PART II AMENDMENTS AS FROM APPOINTED DAY FOR PURPOSES OF S. 94(8)
THE ROAD HAULAGE WAGES ACT
Provision | Amendment
Section 4(2) (work to which Part II applies). | For the words from “specified" to the beginning of the proviso there shall be substituted the words “specified in an operator’s licence granted under Part V of the Transport Act 1968 or (not being so specified) used wholly or mainly for a purpose for which, but for section 60(2)(a) of that Act (exemption for small vehicles), such a licence would be required".
Section 7(8)(enforcement of payment of statutory remuneration where vehicle is used without carrier’s licence). | For the words from “Part I" to “required" there shall be substituted the words “Part V of the Transport Act 1968 of using a goods vehicle for a purpose for which an operator’s licence is required" and for the words “specified in an A licence, a B licence or a C licence granted under that Act as the case may be" there shall be substituted the words “specified in an operator’s licence granted under the said Part V".
Section 15 (interpretation). | In subsection (1), the words “A licence", “B licence" and “C licence" shall be omitted, and for the words “Part I of the Road and Rail Traffic Act 1933" there shall be substituted the words “Part V of the Transport Act 1968".
In subsection (2), for the words “paragraph (b) or paragraph (c) of subsection (6) of section (2) of the Road and Rail Traffic Act 1933" there shall be substituted the words “paragraph (b) or (c) of section 61(1) of the Transport Act 1968", the words from “being a motor vehicle" to “trailer" shall be omitted and for the words “specified in an A licence or a B licence" there shall be substituted the words “specified in an operator’s licence".
In the proviso, paragraphs (a) and (b) shall be omitted and, in paragraph (c), the words “whatever classes of such licences are held" shall be omitted and for the words “Part I of the said Act" there shall be substituted the words “Part V of the Transport Act 1968".
THE ROAD TRAFFIC ACT 1960
Provision | Amendment
. . . | . . .
. . . | . . .
Section 232(1)(b) (duty to give information as to identity of driver). | For the words “any offence under subsection (1) of section 164" there shall be substituted the words “any offence under section 60 or 71 of the Transport Act 1968".
Section 233(1) (forgery of documents etc.). | In paragraphs (c) and (d), for the references to Part IV of the Act of 1960 there shall be substituted references to Part V of this Act.
Section 263(1)(protection of public interests). | For the reference to Part IV of the Act of 1960 there shall be substituted a reference to Part V of this Act and Schedule 9 thereto.
Section 265(2) (construction of references to licensing authorities for goods vehicles). | For the words “Part IV of this Act" there shall be substituted the words “ Part V of the Transport Act 1968 ”.
THE TRANSPORT ACT 1962
. . . | . . .
THE ROAD SAFETY ACT 1967
. . . | . . .
Section 103.
. . .
The Road Traffic Act 1960
Section 11(1)(a)(production of records). | For the words “section 16 of that Act" there shall be substituted the words “Part VI of the Transport Act 1968".
. . .
Section 247 (destination of fines). | References to. . . the foregoing provisions thereof shall include references to Part VI of this Act.
Section 255 (method of calculating weight of vehicles). | The reference to the Act of 1960 shall include a reference to Part VI of this Act.
. . .
. . .
Section 104.
Part I Commercial Waterways
The main navigable channels of the following waterways:—
The Aire and Calder Navigation from the tail of River Lock, Leeds, and from the Calder and Hebble navigation at Wakefield, to its entrance to Goole Docks and to its junction with the River Ouse at Selby.
The Calder and Hebble Navigation from the tail of Greenwood Lock to its junction with the Aire and Calder Navigation at Wakefield.
The Caledonian Canal.
The Crinan Canal.
The Sheffield and South Yorkshire Navigation from the tail of the bottom lock at Tinsley to its junction with the River Trent at Keadby.
The New Junction Canal connecting the Sheffield and South Yorkshire Navigation with the Aire and Calder Navigation.
The Trent Navigation from the tail of Meadow Lane Lock, Nottingham, to Gainsborough Bridge.
The Weaver Navigation and the Weston Canal from Winsford Bridge to the junctions with the Manchester Ship Canal at Marsh Lock and at Delamere Dock.
The River Severn from Stourport to its junction with the Gloucester and Sharpness Canal at Gloucester.
The Gloucester and Sharpness Canal.
The River Lee Navigation from Hertford to the River Thames at Limehouse and to the tail of Bow Locks.
Part II Cruising Waterways
The main navigable channels of the following waterways:—
The Ashby Canal from its junction with the Coventry Canal to Snarestone.
The Birmingham Canal from its junction with the Birmingham and Fazeley Canal at Farmer’s Bridge and from its junction with the Worcester and Birmingham Canal at Worcester Bar to its junction with the Staffordshire and Worcestershire Canal at Aldersley by way of the Birmingham level as far as the head of Factory Locks, Tipton, and thence by way of the Wolverhampton Level, including the branch leading to its junction with the Stourbridge Canal at Black Delph by way of the Netherton Tunnel.
The Birmingham and Fazeley Canal from its junction with the Birmingham Canal at Farmer’s Bridge to its junction with the Trent and Mersey Canal at Fradley, including the detached portion of the Coventry Canal between Huddlesford Junction and Fradley Junction and the Digbeth branch.
The Calder and Hebble Navigation from Sowerby Bridge to the tail of Greenwood Lock, including the Huddersfield Broad Canal to Aspley Basin.
The Chesterfield Canal from the tail of Morse Lock, Worksop, to its junction with the River Trent.
The Coventry Canal from its junction with the Birmingham and Fazeley Canal at Fazeley to Coventry.
The Erewash Canal from Tamworth Road Bridge to its junction with the River Trent.
The Forth and Clyde Canal.
The Fossdyke Navigation.
The Grand Union Canal from its junctions with the Birmingham and Fazeley Canal at Digbeth and Salford to its junctions with the River Thames at Brentford and at Regent’s Canal Dock, including the branches to Northampton and Aylesbury and the Hertford Union Canal leading to the River Lee at Old Ford.
The Grand Union Canal from Leicester to Norton Junction, including the branch to Market Harborough.
The Kennet and Avon Canal from High Bridge, Reading, to the tail of the bottom lock at Bath.
The Lancaster Canal from Preston to Tewitfield, including the branch to Glasson Dock.
The Leeds and Liverpool Canal from Old Road Bridge, Aintree, to Leeds, including the branches to Tarleton and Leigh.
The Macclesfield Canal.
The Oxford Canal from its junction with the Grand Union Canal at Braunston to its junction with the Coventry Canal at Hawkesbury and from its junction with the Grand Union Canal at Napton to Oxford, including the branch to the River Thames.
The Peak Forest Canal from the top of Marple Locks to Whaley Bridge.
The Ripon Canal from its junction with the River Ure to the tail of Littlethorpe Lock.
The Sheffield and Tinsley Canal from its commencement at the Sheffield Canal Basin to its junction with the Sheffield and South Yorkshire Navigation at the tail of the bottom lock at Tinsley.
The Shropshire Union Canal from its junction with the Manchester Ship Canal at Ellesmere Port to its junction with the Staffordshire and Worcestershire Canal at Autherley, including the branches to the River Dee at Chester, to Llantisilio and to Middlewich.
The River Soar Navigation from its junction with the River Trent to Leicester.
The Staffordshire and Worcestershire Canal.
The River Stort Navigation.
The Stourbridge Canal from its junction with the Birmingham Canal at Black Delph to its junction with the Staffordshire and Worcestershire Canal at Stourton.
The Stratford-on-Avon Canal from its junction with the Worcester and Birmingham Canal at King’s Norton to its junction with the Grand Union Canal at Kingswood.
The Trent and Mersey Canal, including the branch to Hall Green.
The Trent Navigation from Shardlow to the tail of Meadow Lane Lock, Nottingham, by way of the Beeston Canal and part of the Nottingham Canal and including the branch to the River Soar and the length of the River Trent from its junction with the Nottingham Canal to Beeston Weir.
The Union Canal.
The River Ure Navigation from its junction with the Ripon Canal to Swale Nab.
The Witham Navigation from Lincoln to Boston.
The Worcester and Birmingham Canal.
Sections 104, 105 and 112.
Preliminary
1 (1) Before making an order under section 104(3), 105(3) or 112 of this Act the Minister shall comply with the requirements of this Schedule applicable to that order and may then make the order as originally proposed or with such modifications as he thinks fit.
(2) Before making an order under section 104(3), 105(3A) or 112 the Scottish Ministers shall comply with the requirements of this Schedule applicable to that order and may then make the order as originally proposed or with such modifications as they think fit and in the case of such an order any reference in this Schedule (however expressed) to the Minister is to be construed as a reference to the Scottish Ministers.
Consultation
2 (1) In the case of a proposed order under section 104(3) adding to or reducing the waterways in Part I of Schedule 12 to this Act, the Minister shall consult with Canal & River Trust, where the waterway in respect of which the order is to be made is in England or Wales, and with any organisation appearing to him to represent persons operating, or (in relation to a waterway which is to be added) desiring to operate, commercial freight-carrying vessels on the waterway in respect of which the order is to be made.
(2) In the case of a proposed order under section 104(3) adding to or reducing the waterways in England or Wales in Part 2 of that Schedule, the Minister shall consult with Canal & River Trust.
3 In the case of a proposed order under section 105(3)—
(a) in respect of a commercial waterway or any part thereof, the Minister shall consult—
(i) with any organisation appearing to him to represent persons operating commercial freight-carrying vessels on that waterway or part; ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3A. In the case of a proposed order under section 105(3A) in respect of a commercial waterway or any part of such a waterway the Scottish Ministers shall consult with any organisation appearing to them to represent persons operating commercial freight-carrying vessels on that waterway or part.
4 In the case of a proposed order under section 112 in respect of a canal or part of a canal (within the meaning of that section) which appears to the Minister to be used to a significant extent for the purpose of navigation, the Minister shall consult with any organisation appearing to him to represent persons using it as aforesaid.
Publication of proposed orders and consideration of objections
5 (1) In the case of a proposed order under section 104(3), 105(3) or (3A) or 112 in respect of any waterway the Minister shall—
(a) publish in the London Gazette (or, if the waterway is situated in Scotland, the Edinburgh Gazette), in a national newspaper and in one or more local newspapers circulating in the area in which the waterway is situated; and
(b) cause to be displayed in one or more places adjacent to the waterway,
a notice containing a statement—
(i) of the general effect of the proposed order; and
(ii) that objections to the order can be made to him within such time (not being less than twenty-eight days) and in such manner as is specified in the notice;
and shall consider any such objection which is duly made and not withdrawn, and, if he has caused an inquiry to be held in connection with the proposed order, the report of the person holding it.
(2) The holding of an inquiry shall be obligatory—
(a) in connection with—
(i) a proposed order under section 104(3) removing a waterway from Part I of Schedule 12 to this Act, or removing a waterway from Part II of that Schedule without adding it to Part I thereof;
(ii) a proposed order under section 105(3) or (3A);
(ii) a proposed order under section 112,
if an objection is duly made to the proposed order (and is not withdrawn) Canal & River Trust, where the waterway in respect of which the order is to be made is in England or Wales, by a local authority or Scottish Water ;authority or the National Rivers Authority
(b) in connection with any such proposed order as aforesaid relating to a waterway which appears to the Minister to have been used to a significant extent for the purpose of navigation at the time when notice of the proposed order was published, if an objection is duly made to the proposed order (and is not withdrawn) by any organisation appearing to him to represent a substantial number of persons using it as aforesaid at that time.
(3) In this paragraph “waterway” means, in relation to an order under section 104(3) or 105(3) or (3A), the waterway or part thereof in respect of which the order is to be made and, in relation to an order under section 112, the canal or part thereof (within the meaning of that section) in respect of which the order is to be made.
Interpretation
6 In this Schedule “cruising craft” has the meaning assigned by section 105(1)(b) of this Act.
SCHEDULE 16 Supplementary or Consequential Provisions
1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 (1) The power to make bylaws conferred by subsection 2 of section 67 of the Act of 1962 shall be exercisable ... by the Railways Board ....
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For the purposes of the said section 67, railways, railway premises, or officers and servants of, or ships (or hovercraft) operated by, a wholly owned subsidiary of the Railways Board ... ... shall be deemed to be railways, railway premises, or officers and servants of, or ships (or hovercraft) operated by, that Board ... ....
5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Railways Board may make an agreement with the Scottish Group for making available to that Group or to any wholly-owned subsidiary of that Group for such period, to such extent and on such terms as may be specified in the agreement, the services of the British Transport Police Force, that is to say, the force organised under the scheme set out in the Schedule to the British Transport Police Force Scheme 1963 (Approval) Order 1964 made under section 69 of the Act of 1962.
(3) Where such an agreement has been made members of the said Police Force may act, in accordance with the terms of the agreement, as constables in, on and in the vicinity of any premises of the Scottish Group or, as the case may be, the subsidiary in question notwithstanding the provisions of section 53(1) of the British Transport Commission Act 1949 (which restricts them to so acting in, on and in the vicinity of premises belonging to, leased to or worked by one of the Boards).
(4) The Minister, after consultation with the Boards and the Scottish Group, may by order make such adaptations in the said scheme and in sections 69 to 71 of the Act of 1962 as appear to him expedient to enable that scheme and those sections to have effect as respects any period after the making of the order as if that Group were one of the Boards.
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 (1) The references to be substituted—
(a) as mentioned in Part I of Schedule 2 to the Act of 1962 in the provisions specified in sub-paragraph (2) of this paragraph; or
(b) as mentioned in Part III of that Schedule in the provisions specified in sub-paragraph (3) of this paragraph,
shall in each case include a reference. . . to any wholly-owned subsidiary. . . of any of the Boards.
(2) The provisions referred to in sub-paragraph (1)(a) of this paragraph are—
(a) section 41(3) of the Criminal Justice Act 1948;
(b) section 22 of the Diseases of Animals Act 1950;
(c) section 13(1) of the Transport Charges (Miscellaneous Provisions) Act 1954;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The provisions referred to in sub-paragraph (1)(b) of this paragraph are—
(a) sections 54, 55, 56 and 57 of the British Transport Commission Act 1949;
(b) section 18 in the Schedule to the British Transport Commission Order Confirmation Act 1953;
(c) section 52 of the British Transport Commission Act 1953;
(d) section 24 of the British Transport Commission Act 1954.
(4) In section 23 of the British Railways Act 1964 (which provides for the aforesaid section 54 of the British Transport Commission Act 1949 to continue in force in its application to the Railways Board) and in any enactment passed after this Act which provides for the said section 54 so to continue in force for a further period, the reference to the Railways Board shall be construed as a reference to the Railways Board, the Freight Corporation and any wholly-owned subsidiary of that Board or Corporation.
8 (1) In the Harbours Act 1964—
(a) in section 30(1), for paragraph (b) there shall be substituted the following:—
(b) by virtue of section 43 of the Transport Act 1962 by any of the Boards at a harbour which, in the exercise and performance of statutory powers and duties, that Board are engaged in improving, maintaining or managing, except where the Board in question are the British Transport Docks Board, the British Railways Board or the British Waterways Board and the harbour in question is not specified in Schedule 9 to that Act
;
(b) in section 30(4) the words “(other than any of the Boards)” and the words from “or by” to “1962” shall cease to have effect;
(c) in section 36(a) for the words “any of the Boards” there shall be substituted the words “ the British Transport Docks Board, the British Railways Board or the British Waterways Board ”;
(d) in section 57(1)—
(i) at the end of the definition of “the Boards” there shall be added the words “ and includes the National Freight Corporation, the Scottish Transport Group and any subsidiary within the meaning of the Transport Act 1968 of any of those Boards or of that Corporation or Group ”;
(ii) in the definition of “marine work” for the words “vested in any of the Boards or” there shall be substituted the words “ which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 154 of the Companies Act 1948 of that Group or which is ”.
(2) In any case where, by virtue of sub-paragraph (1)(d)(i) of this paragraph, the Board within the meaning of section 41 of the Docks and Harbours Act 1966 are a subsidiary of one or more of the Docks Board, the Railways Board, the Waterways Board,. . . and the Scottish Group, that section shall be construed as if—
(a) any reference therein otherwise than in subsection (1) thereof to the Board were a reference to the body, or to each respectively of the bodies, of which the Board within the meaning of that section are a subsidiary; and
(b) the property, rights and liabilities transferred by the order or scheme in question from the subsidiary were, to an extent proportionate to the extent of the interest of that body in the subsidiary, property, rights and liabilities so transferred from that body.
(3) The said section 41 shall have effect with the substitution—
(a) in subsection (2)(b)—
(i) for the words “as determined under section 39 of the Transport Act 1962” of the words “ under section 39 of the Transport Act 1962 or Schedule 2 to the Transport Act 1968 ”;
(ii) for the words “that Act” of the words “ the Transport Act 1962 ”;
(b) in subsection (3)—
(i) for the words “section 39 of the said Act of 1962” of the words “ the said section 39 or Schedule 2 ”;
(ii) for the words “section 20 of that Act” of the words “ the said section 20 ”.
(4) In any application of the said section 41 to the Scottish Group or to any other body in the capacity of a subsidiary of that Group, any reference to the Minister shall be construed as a reference to the Secretary of State.
9 In the Building Control Act 1966, in the Schedule, for the entry beginning “Any subsidiary” there shall be substituted the following:—
The National Freight Corporation.
The National Bus Company.
The Scottish Transport Group.
Any subsidiary (as defined in the Transport Act 1968) of any of the bodies mentioned above.
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 164.
Part I
Provisions extending to Northern Ireland
Part I.
Part II (except sections 10(3), (4), (5) and (9), 13 and 18 to 21).
Sections 24 to 29.
Section 33.
Part IV (except sections 39, . . . 47(1)(a)(ii) and (v), 54 and 56).
Sections 100 and 101.
Sections 104 to 107..., and so much of section 115 as relates to those sections.
Sections 134, 135, 136, 137, 146, 150,. . . , 160, 161 and 164.
So far as they relate to any provision of this Act which extends to Northern Ireland sections 156 to 159, 163, 165 and 166.
Schedules 1 to 5, 7 and 16.
This Schedule.
In Schedule 18, Part I,. . .
Part II
Modifications
1 In section 10(1)(xxix), the reference to Parliament shall include a reference to the Parliament of Northern Ireland.
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In section 135(4)(b), for the reference to a tribunal established under section 12 of the Industrial Training Act 1964 there shall be substituted a reference to a tribunal established under section 13 of the Industrial Training Act (Northern Ireland) 1964.
4 In section 137(3)(a) and (4), the references to the Secretary of State for Employment and Productivity shall, in relation to agreements affecting persons employed in Northern Ireland by an authority to whom that section applies, include a reference to the Ministry of Health and Social Services for Northern Ireland.
5 In section 160, references to sections 12 and 112 of the Stamp Act 1891, section 12 of the Finance Act 1895 and section 8 of the Finance Act 1899 shall be construed as including references to those sections as they apply in relation to stamp duties chargeable in Northern Ireland; and for the purposes of the application of the said section 160 in relation to those duties, references to the Commissioners of Inland Revenue shall be construed as references to the Ministry of Finance for Northern Ireland.
6 In Schedule 4, in paragraph 2(4), the reference to the Secretary of State for Employment and Productivity shall, in relation to agreements affecting persons employed in Northern Ireland, include a reference to the Ministry of Health and Social Services for Northern Ireland.
7 In Schedule 4, in paragraph 3, for the reference to section 64 of the Law of Property Act 1925, there shall be substituted a reference to section 9 of the Conveyancing Act 1881.
8 An arbitrator for the purposes of paragraph 13(3) of Schedule 4 shall, where the proceedings are to be held in Northern Ireland, be appointed by the Lord Chief Justice of Northern Ireland.
9 References to enactments or statutory provisions include references to enactments of the Parliament of Northern Ireland and provisions, whether of a general or special nature, contained in, or in any document made or issued under, any Act of the Parliament of Northern Ireland, whether of a general or a special nature.