Transport Act 1962

SECOND SCHEDULE Transfer of Commission’s Statutory Functions

Part I Public Acts The Railway Fires Act, 1905 5 Edw. 7. c. 11 Section 2 (Powers of entry on land). | The reference to a railway company shall include a reference to any of the Boards. The London Passenger Transport Act, 1933 23 & 24 Geo. 5. c. 14 In the London Passenger Act, 1933 (so far as not repealed by this Act), for references to the London Passenger Transport Bureau there shall be substituted references to the London Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Coast Protection Act, 1949 12, 13 & 14 Geo. 6. c. 74 1 (1) In paragraph (d) of subsection (2) and subsection (8) of section two, in paragraph (c) of subsection (6) of section three and in paragraphs 1 and 8 of the First Schedule (which relate to the appointment of coast protection boards and joint committees) for references to the Commission there shall be substituted references to the Railways Board and the British Waterways Board. (2) This paragraph shall not affect any order under the said section two, or any appointment made under either of those sections before the vesting date, but the power under an order under the said section two or under the said section three to appoint a person to take the place of a representative of the Commission shall be exercisable either by the Railways Board or the British Waterways Board, or both those Boards jointly, as those Boards may agree. 2 In paragraph (c) of the proviso to subsection (4) of section five and in paragraph (c) of the proviso to subsection (4) of section eight (which relate to objections to proposals to carry out coast protection work) for the reference to the Commission there shall be substituted a reference to any of the Boards. . . . . . . . . . The Transport Charges &c. (Miscellaneous Provisions) Act, 1954 2 & 3 Eliz. 2. c. 64 Section 13(1)(Interpretation of Act). | In the definition of “independent” for the reference to the Commission there shall be substituted a reference to any of the Boards. The Food and Drugs Act, 1955 4 Eliz. 2. c. 16 Section 11(2)(Power to examine food in transit). | For the reference to the Commission and the Commission’s railway undertaking there shall be substituted a reference to any of the Boards and to any railway operated by that Board. The Food and Drugs (Scotland) Act, 1956 4 & 5 Eliz. 2. c. 30 Section 11(2)(Power to examine food in transit). | For the reference to the Commission and the Commission’s railway undertaking there shall be substituted a reference to any of the Boards and to any railway operated by that Board. . . . . . . . . . . . . . . . Part II The Railway Air Transport Act of 1929 3 (1) In the Railway Air Transport Acts— (a) for references to the railway companies there mentioned there shall be substituted references to the Railways Board, and (b) for references to the railway systems of those companies there shall be substituted references to the Board’s railway system. (2) In this paragraph “the Railway Air Transport Acts of 1929” means the London and North Eastern Railway (Air Transport) Act 1929, the Southern Railway (Air Transport) Act 1929, the Great Western Railway (Air Transport) Act 1929, and the London Midland and Scottish Railway (Air Transport) Act 1929. Part III Other Functions under Local Enactments The London Passenger Transport Acts of 1934 to 1947 In the local Acts cited as the London Passenger Transport Acts, 1933 to 1947, for references to the London Passenger Transport Board there shall be substituted references to the London Board. The British Transport Commission Act 1949 12 & 13 Geo. 6. c. xxix Section 54(Powers of search and arrest on Commission’s property). | For references to the Commission there shall be substituted references to any of the Boards and the Hotel Company. Section 55(Trespass on railways). | For references to the Commission there shall be substituted references to any of the Boards. Section 56(Stone throwing on railways). | For references to the Commission there shall be substituted references to any of the Boards. Section 57(Rights of way over Commission’s property). | For references to the Commission there shall be substituted references to any of the Boards. Section 59(Rights of pre-emption under Lands Clauses Acts). | For references to the Commission there shall be substituted references to any of the Boards. The British Transport Commission Order Confirmation Act 1953 1 & 2 Eliz. 2. c. xx Section 18 in the Schedule (Service of notices to treat). | For references to the Commission there shall be substituted references to any of the Boards. The British Transport Commission Act 1953 1 & 2 Eliz. 2. c. xlii Section 52(Service of notices to treat). | For references to the Commission there shall be substituted references to any of the Boards. The British Transport Commission Act 1954 2 & 3 Eliz. 2. c. lv Section 24(Private street expenses). | For references to the Commission there shall be substituted references to any of the Boards. Section 40(Barriers at level-crossings). | For references to the Commission there shall be substituted references to any of the following, that is to say, the Railways Board, the London Board and the Docks Board. The British Transport Commission Act 1957 5 & 6 Eliz. 2. c. xxxiii Section 66(Special safety arrangements at level crossings). | For references to the Commission there shall be substituted references to any of the following, that is to say, the Railways Board, the London Board and the Docks Board. The British Transport Commission Act 1958 6 & 7 Eliz. 2. c. xliv Section 19(Raising of stranded or abandoned vessels). | For references to the Commission there shall be substituted references to the British Waterways Board and, as regards the Lower Ouse Improvement, the Docks Board. The British Transport Commission Order Confirmation Act 1959 7 & 8 Eliz. 2. c. xxxvi Section 15 in the Schedule (Execution of deeds). | For references to the Commission there shall be substituted references to any of the Boards. The British Transport Commission Act 1959 7 & 8 Eliz. 2. c. xliv Section 26(Powers as regards canal basins). | For references to the Commission there shall be substituted references to the British Waterways Board. The British Transport Commission Act 1961 9 & 10 Eliz. 2. c. xxxvi Section 26(Traffic offences on dock roads). | For references to the Commission there shall be substituted references to any of the following, that is to say, the Railways Board, the Docks Board and the British Waterways Board. Part IV The Railways Clauses Acts The following enactments in the Railways Clauses Consolidation Act 1845, and the Railways Clauses Consolidation (Scotland) Act 1845, shall apply to all the railways of each of the Boards and shall so apply as if references in those enactments to the company were references to those Boards respectively. Subjec t matter | Section of Railways Clauses Consolidation Act 1845 | Section of Railways Clauses Consolidation (Scotland) Act 18 45 Lien for non-payment of tolls | 97 | 90 Passengers avoiding payment of fares | 103 and 104 | 96 and 97 Carriage of dangerous goods | 105 | 98 Defacement of notice boards | 144 | 1 36 . . . | . . . | . . .