Transport Act 1962

37 Transfer of redemption funds.

(1) Subsection (1) of the last foregoing section shall not impose on the Treasury any liability to establish or maintain any redemption fund, and— (a) the cash and investments which immediately before the vesting date represent the Redemption Fund established under the British Transport Stock Regulations, 1947, and (b) the right to receive any interest or dividends which are payable in respect of any such investments but which have not been received by the Commission before the vesting date, shall vest by virtue of this subsection in the Treasury or in such nominees as the Treasury may appoint. (2) Not later than the vesting date the Treasury shall pay to the Commission out of the Consolidated Fund an amount equal to the interest or dividends (without any deduction of income tax) which have accrued on the investments transferred under the foregoing subsection in the period from the date when the last instalment of interest became payable on those investments respectively down to the vesting date (making separate calculations for different investments). Any question arising between the Commission and the Treasury as to the manner in which accrued interest or dividends are to be calculated shall be determined by the Treasury. (3) Such of the investments transferred from the Commission under subsection (1) of this section as are securities the principal of and interest on which are charged on the Consolidated Fund shall be cancelled, and the remainder of those investments shall be sold. (4) The net proceeds of the sale, and all other sums received by the Treasury or their nominees by virtue of this section shall be paid into the Exchequer and shall be issued out of the Consolidated Fund at such times as the Treasury may direct and applied by the Treasury in redeeming or paying off debt of such description as the Treasury see fit.

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39 Commencing capital debts of the new bodies.

(1) Each of the Boards, . . . shall severally assume, on the transfer to them by this Act of their part of the property, rights and liabilities of the Commission, a debt due to the Minister on such terms as may be imposed under this section. The said debts are in this Act referred to as the “commencing capital debts”. (2) The amount of the commencing capital debts taken together shall be equal to— (a) the nominal value of all the stock to which subsection (1) of section thirty-six of this Act applies, and (b) the amount of the liability extinguished by the last foregoing section, and (c) the amount of the Capital Redemption Accounts as shown in the final accounts of the Commission, with the deduction to be made under the next following subsection. (3) The amount to be deducted under the last foregoing subsection shall be— (a) the total shown in the special account under section three of the Transport (Railway Finances) Act 1957, as included in the final accounts of the Commission, and (b) the amount shown in the final accounts of the Commission in respect of the total discounts on the issue of British Transport Guaranteed Stock, less premiums on issue and less amounts written off, and (c) the amount shown in the final accounts of the Commission in respect of the book value of the cash and investments which are under paragraph (a) of subsection (1) of section thirty-seven of this Act to be transferred to the Treasury, after deducting from the total of the amounts under paragraph (a), paragraph (b) and paragraph (c) of this subsection— (i) the amount shown in the final accounts of the Commission in respect of the net surplus on revenue account for the Commission’s activities, excluding British Railways, for the period from the beginning of the year nineteen hundred and fifty-six to the end of the period for which the final accounts of the Commission are made up, and (ii) the sums paid by the Minister to the Commission by way of grant to meet deficits on revenue account, being sums paid out of money provided by Parliament since the beginning of April, nineteen hundred and sixty (and including sums so paid under Part IV of this Act). (4) The commencing capital debt of each of the said bodies shall be such part of the total ascertained under subsection (2) of this section as the Minister may prescribe having regard to the manner in which the Commission’s property, rights and liabilities are by this Act divided among those bodies. (5) The Minister’s power of prescribing the amount mentioned in the last foregoing subsection shall be exercisable by order, and he shall make such an order as soon as may be after the vesting date but may from time to time, but not more than five years after the vesting date, vary an order under this subsection by a further order, where that appears to him expedient to take account of some change in the manner in which the Commission’s property, rights and liabilities are so divided (whether in consequence of an order under the Sixth Schedule to this Act or otherwise), and any such order may contain such transitional provisions as appear to him expedient to take account of any interest underpaid or overpaid on the commencing capital debt of any of the said bodies. The Minister’s power of making orders under this section shall be subject to the approval of the Treasury and shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Commons House of Parliament. (6) . . . , the rate of interest payable on the commencing capital debt of each of the said bodies, the time when the principal is to be paid off and the other terms of the debt shall be such as the Minister may with the approval of the Treasury from time to time direct. (7) The Minister may, in the period before the first order is made under subsection (5) of this section, estimate what the commencing capital debt of the Boards . . . will be, and require those bodies to make to him provisional payments by way of interest on those estimated amounts; and those provisional payments shall be on account of the payments of interest becoming due under subsection (6) of this section. (8) Any sums received by the Minister by way of interest on, or repayment of, the commencing capital debt of any of the Boards . . . shall be paid into the National Loans Fund . . .

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41 Exemptions from stamp duty.

(1) Nothing in section twelve 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) Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the Commission or any of the Boards as having been made or executed in pursuance of section thirty-three of this Act or paragraph 1 of the Sixth Schedule to this Act: Provided that no such instrument shall be deemed to be duly stamped unless either 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 twelve 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. (4) If before the vesting date the Commission cause any company limited by shares to be formed under the Companies Act 1948, and any assets to be transferred to that company, for the purpose of facilitating the transfers to be effected by this Part of this Act— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the Commission as having been made for effecting any transfer of assets for the purpose mentioned in this subsection: Provided that no such instrument as is mentioned in paragraph (b) of this subsection 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 twelve 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.

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43 Charges and facilities: general provisions.

(1) Subject to this Act,— (a) all charges schemes under Part V of the Transport Act 1947, shall cease to have effect, and (b) no local enactment passed or made with respect to any particular undertaking so far as it limits the discretion of the persons carrying on that undertaking as to the charges to be made by them— (i) for the carriage of passengers or goods, (ii) for the use of any railway, or of any inland waterway by any ship or boat, (iii) for services and facilities connected with the carriage of passengers or goods, or with the use of any railway, or of any inland waterway by any ship or boat, or (iv) for services and facilities in or connected with a harbour, (whether by specifying, or providing for specifying, the charges to be made, or fixing, or providing for fixing, maximum charges, or otherwise) shall apply to the charges of the British Waterways Board or Canal & River Trust .... (2) Paragraph (b) of the foregoing subsection shall not be read as exempting the British Waterways Board or Canal & River Trust ... from any local enactment so far as it expressly provides for freedom from charges or otherwise prohibits the making of any charge. (3) Subject to this Act and to any such enactment as is mentioned in the last foregoing subsection, the British Waterways Board and Canal & River Trust ... shall each have power to demand, take and recover or waive such charges for their services and facilities, and to make the use of those services and facilities subject to such terms and conditions, as they think fit. (4) The British Waterways Board and Canal & River Trust shall not be subject to the enactments listed in the Eighth Schedule to this Act (which— (a) impose a duty to afford reasonable services and facilities, and (b) regulate liability for negligence in the carriage of goods, and (c) authorise the revision of railway freight charges on complaint by competitors or traders). (5) No local enactment passed or made with respect to any particular undertaking so far as it imposes on the persons carrying on that undertaking— (a) a duty to connect, or afford facilities for the connection of, any siding to a railway, or (b) a duty to permit privately owned railway wagons to be used on a railway owned or operated by them, or (c) a duty (otherwise than to a named person, or to the successors of a named person, or for the benefit of specified lands) to provide or maintain any other railway services or facilities (including the provision of stations, sidings or carriages and of any services, facilities or amenities connected therewith), or so far as it otherwise makes provision corresponding to any of the enactments listed in the Eighth Schedule to this Act, shall apply to any of the Boards or Canal & River Trust .... (6) The British Waterways Board and Canal & River Trust shall not be regarded as common carriers by rail or inland waterway. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) The services and facilities referred to in subsection (3) of this section include, in the case of the British Waterways Board and Canal & River Trust, the use of any inland waterway owned or managed by them by any ship or boat. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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50 †Port charges and conditions at harbours.

(1) The provisions of the Ninth Schedule to this Act shall have effect as regards the powers of the Boards and Canal & River Trust to make . . . charges at the harbours specified in that Schedule. (2) Subsection (3) of section forty-three of this Act shall not authorise the Boards or Canal & River Trust to make the use of their services and facilities at the said harbours subject to any term or condition which the Boards or Canal & River Trust would not be able to impose apart from that subsection. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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52 Independent railway and inland waterway undertakings.

(1) Sections three and four of the Transport Charges, &c. (Miscellaneous Provisions) Act 1954 (under which charges schemes under the Transport Act 1947, may be applied to independent undertakings), together with any orders under those sections, shall cease to have effect, and the enactments listed in the Eighth Schedule to this Act shall cease to have effect not only as regards the Boards but also as regards any other undertakings. (2) Paragraph (b) of subsection (1), and subsections (2), (3), (5) and (6) of section forty-three of this Act shall apply to any independent railway undertaking or independent inland waterway undertaking, subsection (7) of that section shall apply to any independent railway undertaking, and subsection (8) of that section shall apply to any independent inland waterway undertaking, as those subsections apply to the Boards. (3) Paragraph (b) of subsection (1) of section six of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 (which relates to the revision of charges), shall not apply to any inland waterway undertaking which is an independent inland waterway undertaking within the meaning of this section. (4) In this section— “independent railway undertaking” means a railway undertaking not forming part of the undertaking of any of the Boards, being an undertaking the carrying on of which is authorised by, or by an order made under, an Act of Parliament; “independent inland waterway undertaking” means an undertaking not forming part of the undertaking of any of the Boards or Canal & River Trust, being an undertaking engaged in conserving, maintaining, improving or working a canal or other inland navigation or the navigation of a tidal water, but does not include— an undertaking none of the charges of which has been the subject of a Provisional Order made, and confirmed by Parliament, in pursuance of sections twenty-four and thirty-six of the Railway and Canal Traffic Act 1888, or an undertaking forming part of a harbour undertaking if the inland waterway is situated wholly within the limits of the harbour, or an undertaking all or any of the charges of which are, under the statutory provisions relating to that undertaking, subject to revision by the Minister and some other Minister acting together; “railway” does not include— a light railway laid wholly or mainly along a public carriageway and used wholly or mainly for the carriage of passengers, or a railway which, under the statutory provisions relating thereto, is to be treated as forming part of a tramway, or a railway laid wholly or mainly over a beach or wholly along a pier, or a railway of the nature of a lift providing communication between the top and bottom of a cliff; “undertaking” means an undertaking carried on in Great Britain. (5) This section shall apply to an independent railway undertaking or independent inland waterway undertaking whether or not the undertaking is also engaged in other activities, but shall not apply in respect of any such other activities.

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54 Advance information about railway and shipping closures.

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56 The Passengers’ Council and London Transport Users’ Committee.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Subject to the following provisions of this section, it shall be the duty of the Passengers’ Council and the London Transport Users' Committee to consider and, where it appears to them to be desirable, make recommendations with respect to any matter affecting the services and facilities provided by any of the Boards— (a) which has been the subject of representations (other than representations appearing to the committee to be frivolous) made to the committee by or on behalf of users of those services or facilities, or (b) which has been referred to the Passengers’ Council or the London Transport Users' Committee by the Minister or by a Board, or (c) which appears to the Passengers’ Council or the London Transport Users' Committee to be a matter to which consideration ought to be given; ... (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Where the Minister receives a recommendation under subsection (4) of this section he may give to the Board concerned such directions as he thinks fit with respect to the matters dealt with in the recommendation. (6ZA) If the Secretary of State so directs ..., subsections (4) to (6) of this section shall have effect in relation to ... the Passengers’ Council and the London Transport Users' Committee as if the reference in subsection (4) of this section to services and facilities provided by any of the Boards included a reference to any such ferry service as may be specified in the direction, whether provided by a Board or by some other person; and, in the application of subsections (4) to (6) of this section in relation to any such ferry service, any reference in those subsections to a Board shall be taken to include a reference to the person providing the ferry service. (6A) Each of the Passengers’ Council and the London Transport Users' Committee may consider, and if they think fit object to, any proposal for the discontinuance of railway services made in an application for an order under section 1 of the Transport and Works Act 1992 or made by the Secretary of State by virtue of section 7 of that Act. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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57 The Transport Tribunal.

(1)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Any objection or application which, before the date on which this section comes into force, was referable to the tribunal under the Railway Employment (Prevention of Accidents) Act 1900 (which relates to safety rules), shall be referred instead to a referee appointed (either generally or for the purpose of a particular case) by the Minister; and the said Act shall have effect with the necessary modifications. Any objection or application under the said Act which is pending before the tribunal on that date shall be proceeded with before a referee appointed under this subsection in such manner as the Minister may direct. (8)—(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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61 Amendment of enactments relating to inland waterways.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Sections thirty-five and thirty-six of the Transport Act, 1947 (under which the Commission may apply a licensing system to canal carriers on an inland waterway belonging to them), shall cease to have effect. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The definition of “ statutory water undertakers ” in subsection (1) of section fifty-nine of the Water Act 1945, shall not include the British Waterways Board.

62 Local enactments relating to the supply of water for canals.

(1) Any local enactment which authorises the British Waterways Board or Canal & River Trust to take water for the purpose (whether express or implied) of using the water for a canal owned or managed by the British Waterways Board or, as the case may be, Canal & River Trust, or for purposes which include that purpose, shall have effect as if that purpose included the purpose of selling, or affording the use of, water from the canal; and the British Waterways Board or, as the case may be, Canal & River Trust may exercise their powers under Part I of this Act accordingly. (2) The foregoing subsection shall not be taken as authorising the British Waterways Board or, as the case may be, Canal & River Trust— (a) to disregard any restriction, whether as regards quantity or rate or otherwise, on the water which may be taken from any source, or (b) to affect the level or flow of water in any part of the canal, or in any river or watercourse fed from the canal, to a degree which conflicts with any of the Board’s obligations or, as the case may be, Canal & River Trust’s obligations, and in particular with any statutory obligation to maintain the canal in a navigable condition.

63 Abstraction of water by British Waterways Board.

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65 The railway savings banks.

(1) In this section— “the railway savings banks” means the savings banks established under— section twenty-three of the Metropolitan Railway Act 1873, section forty-five of the Great Western Railway Act 1885, section eighteen of the Taff Vale Railway Act 1895, section sixty-one of the London, Midland and Scottish Railway Act 1924, section ninety-nine of the Southern Railway Act 1924, and section three of the London and North Eastern Railway Act 1944, and any other savings bank for which the Commission was responsible before the vesting date and which primarily served those employed by the Commission on their railways; “the appropriate Board” means— in relation to the savings bank established under the Metropolitan Railway Act 1873, the London Transport Executive in relation to any other railway savings bank, the Railways Board. (2) Part II of this Act shall not apply to the property, rights and liabilities of the Commission so far as held and subsisting for the purposes of any railway savings bank, but all such property, rights and liabilities shall by virtue of this section be transferred on the vesting date to the appropriate Board and held assumed by that Board subject in all respects to the duties and obligations to which the Commission were subject immediately before the vesting date. (3) As from the vesting date, for references to the Commission in the enactments listed in subsection (1) of this section and in any other statutory provision, so far as that provision relates to a railway savings bank, there shall be substituted references to the appropriate Board, and for references in any such enactment to any officer or servant of, or person appointed by, the Commission there shall be substituted a reference to such person as the appropriate Board may appoint or, in default of appointment, in the case of references to any officer or servant of the Commission, to the officer or servant of that Board who corresponds as nearly as may be to the first mentioned officer or servant. (4) Subject to this section, the persons entitled to deposit money in the railway savings banks established under section forty-five of the Great Western Railway Act 1885, section sixty-one of the London Midland and Scottish Railway Act 1924, section ninety-nine of the Southern Railway Act 1924, and section three of the London and North Eastern Railway Act 1944, shall be— (a) existing depositors, (b) persons employed by the Railways Board, (c) persons who, owing to incapacity arising from ill health or on reaching retirement age, have retired from service with the Railways Board or the Commission or the railway company by which the savings bank was established, (d) members of the families of persons of any of the foregoing descriptions, (e) any group, society or association the members of which consist, or mainly consist, of persons of any of the foregoing descriptions. (5) The persons entitled to make deposits in any railway savings bank other than those to which the last foregoing subsection applies shall be the persons who are depositors in that bank on the vesting date, and, where any such depositor is a person who dies leaving a surviving spouse or surviving civil partner, that survivor for so long as that survivor does not subsequently marry, enter into a civil partnership or die. (6) So much of the enactments listed in the definition of railway savings banks in subsection (1) of this section as relates to the charging of deposits on the undertaking or profits of any body shall cease to have effect.

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67 Byelaws for railways and railway shipping services.

(1) The Railways Board may make bylaws regulating the use and working of, and travel on, their railways, the maintenance of order on their railways and railway premises, including stations and the approaches to stations, and the conduct of all persons, including their officers and servants, while on those premises, and in particular bylaws— (a) with respect to tickets issued for entry on their railway premises or travel on their railways and the evasion of payment of fares and other charges, (b) with respect to interference or obstruction of the working of the railways, (c) with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances; (d) with respect to the receipt and delivery of goods, and (e) for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the Board and intended for the use of those on foot. (2) The Railways Board may make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Any byelaws made under this section may provide— (a) in the case of byelaws made by virtue of subsection (1) above, that any person contravening them shall be liable on summary conviction to a penalty not exceeding level 3 on the standard scale for each offence; and (b) in the case of byelaws made by virtue of subsection (2) above, that any person contravening them shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale for each offence and, in the case of such a contravention which continues after conviction, to a fine not exceeding £10 for each day on which the offence so continues. (4) Without prejudice to the taking of summary proceedings under the last foregoing subsection, if the contravention of any bylaw having effect under this section is attended with danger or annoyance to the public, or hindrance to a Board in the lawful use of their railway, it shall be lawful for the Board in question summarily to interfere to obviate or remove the danger, annoyance or hindrance. (5) Bylaws under this section shall not come into operation until they have been confirmed by the Minister. (6) At least twenty-eight days before application for confirmation of any bylaws is made the Board in question shall publish in such manner as may be approved by the Minister a notice of their intention to apply for confirmation and of the place at which and the time during which a copy of the bylaws will be open for public inspection; and any person affected by any of the bylaws shall be entitled to make representations thereon to the Minister within a period of not less than twenty-eight days specified in the notice. (7) For at least twenty-four days before application for confirmation of any bylaws is made under this section, a copy of the bylaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment. (8) The Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding 50p as the Board shall determine. (9) The Minister may confirm with or without modification, or may refuse to confirm, any of the bylaws submitted under this section for confirmation and, as regards any bylaws so confirmed, may fix a date on which the bylaws shall come into operation; and if no date is so fixed the bylaws shall come into operation after the expiration of twenty-eight days after the date of confirmation. (9A) The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith. (10) A copy of the bylaws when confirmed shall be printed and deposited at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment, and the Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding 50p as the Board shall determine. (11) The production of a printed copy of bylaws confirmed under this section on which is indorsed a certificate purporting to be signed by the secretary of the Board or of some person authorised by the Board to act in his stead in that behalf, stating— (a) that the bylaws were made by the Board or by the Commission, (b) that the copy is a true copy of the bylaws, (c) that on a specified date the bylaws were confirmed by the Minister, and (d) the date when the bylaws come into operation, shall be prima facie evidence of the facts stated in the certificate. (12) The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section. (13) Sections one hundred and eight and one hundred and nine of the Railways Clauses Consolidation Act 1845, sections one hundred and one and one hundred and two of the Railways Clauses Consolidation (Scotland) Act 1845, section thirty-two of the Railways Clauses Act 1863, and section seven of the Regulation of Railways Act 1889, shall cease to have effect, but any bylaws under any of those enactments which were in force immediately before the vesting date and which applied in relation to any of the railways belonging to the Commission, or in relation to the ships operated by the Commission, shall continue in force and have effect as if made under this section, and subject to the provisions of Part II of this Act so far as applicable. (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15) In the bylaws made by the Commission under the said Acts of 1845 which relate to the railways of the Commission other than those of London Regional Transportwhich were confirmed by the Minister on the fifth day of December, nineteen hundred and fifty-seven,— (a) for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (16) Any power exercisable by the Docks Board or the British Waterways Board under any local enactment to make bylaws as regards any harbour comprised in their undertaking shall include power to make any such bylaws in relation to railways within the harbour as the Railways Board ... have power to make under this section in relation to their railways. (17) This section shall have effect as from the vesting date.

68 Custody of lost property on London Board’s transport system.

(1) As from the vesting date, for references to section one hundred and six of the London Pasenger Transport Act, 1933, to the London Passenger Transport Board there shall be substituted references to the London Board. (2) The repeal by this Act of section one hundred and nineteen of the Transport Act 1947, shall not affect the London Transport (Lost Property) Regulations 1960 (which were made under that section), and as from the vesting date those regulations— (a) shall be treated for all purposes, and in particular for the purposes of section eighty-eight of the London Passenger Transport Act 1935 (which relates to offences against regulations under section one hundred and six of the said Act of 1933), as if they had been made under the said section one hundred and six, and (b) shall have effect, subject to the necessary modifications, as if any reference therein to the Commission or the London Transport Executive were a reference to the London Board.

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70 Transport police constables.

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) On and after the vesting date a Board may dismiss a constable who is employed by them (whether or not appointed after the vesting date) and, accordingly, in paragraph (c) of subsection (1) of the section for references to the Commission there shall, as regards such a constable employed by a Board (or two or more Boards jointly), be substituted a reference to that Board (or those Boards), and for the reference at the end of the said paragraph (c) to the authority by whom a constable was dismissed or by whom a constable’s resignation is accepted there shall, in the case of a constable dismissed by the Commission, or whose resignation was accepted by the Commission, be substituted— (a) during the interim period, a reference to the Railways Board, and (b) thereafter, a reference to any of the Boards acting jointly or separately in pursuance of a scheme under section sixty-nine of this Act. (6) On and after the vesting date references in any statutory provision or other document to a constable appointed or employed by the Commission shall be taken as a reference to a constable employed by any of the Boards and acting under the said section fifty-three. (7) In this section “ the interim period ” means the period referred to in subsection (9) of section sixty-nine of this Act.

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

(1) It shall be the duty of each Board, except as far as they are satisfied that adequate machinery exists for achieving the purpose of this subsection, to seek consultation with any organisation appearing to the Board to be appropriate, with a view to the conclusion between the Board and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for— (a) the settlement by negotiation of terms and conditions of employment of persons employed by the Board, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements, and (b) the promotion and encouragement of measures affecting the safety, health and welfare of persons employed by the Board and the discussion of other matters of mutual interest to the board and such persons, including efficiency in the operation of the Board’s services. (2) Where the Board conclude such an agreement as is mentioned in the foregoing subsection or any variation is made in such an agreement, the Board shall forthwith transmit particulars of the agreement or the variation to the Minister and the Secretary of State. (3) Nothing in this section shall be construed as prohibiting a Board from taking part together with other employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment, and the promotion and encouragement of measures affecting the health, safety and welfare of their workers, and the discussion of other matters of mutual interest to them and their workers. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(1) Subject to the next following section, each of the Boards and the Holding Company shall have power to pay pensions and enter into obligations under pension schemes. (2) Each of the Boards and the Holding Company shall have power to lend money to be applied for the purposes of a pension scheme under which any of those bodies, or a subsidiary of any of those bodies, pay employer’s contributions or are subject to any other obligations, but shall not exercise that power without the consent of the Minister. (3) In the application of this section to the British Waterways Board, the reference to the Minister is to be read as a reference to the Scottish Ministers.

74 Minister’s power to make orders about pensions.

(A1) In this section, references to the Boards do not include the British Waterways Board. (1) The Minister may make orders— (a) with respect to the provision of pensions by the Boards and the Holding Company and by the subsidiaries of the Boards and of the Holding Company for or in respect of— (i) their employees, or persons who have been in their employment, or (ii) persons who have been in the employment of the Commission or of any subsidiary of the Commission or of any body whose undertaking or part of whose undertaking was transferred to the Commission under or by virtue of the Transport Act 1947, or (iii) persons who have been employed in connection with the Caledonian and Crinan Canals or Holyhead Harbour, or by or in connection with the Railway Clearing House; (b) for the establishment and administration of existing or future pension schemes and pension funds for any of the purposes of the foregoing paragraph; and the Boards and the Holding Company shall exercise the powers conferred on them by the last foregoing section subject to any order under this section. (2) Without prejudice to the powers conferred by the foregoing subsection, the Minister may make orders— (a) for enabling employees of any of the Boards or the Holding Company or a subsidiary of any of the Boards or the Holding Company to participate or continue to participate in any pension scheme in which employees of the Commission or a subsidiary of the Commission participated before the vesting date, or in any pension scheme established under this section, and requiring their employers to make payments under that scheme, (b) for modifying any pension scheme the participants in which include persons of any of the descriptions in sub-paragraphs (i), (ii) and (iii) of paragraph (a) of the foregoing subsection, so as to ensure that changes cannot be effected in the pension scheme without the approval of the Minister, (c) for varying the rates of the contributions to be made under any pension scheme by employees of any of the Boards or the Holding Company or a subsidiary of any of the Boards or the Holding Company, as well as the rates of employers’ contributions and the benefits under the scheme, and (d) for re-arranging, amalgamating, simplifying and assimilating pension schemes the participants in which include any such persons. (3) An order under this section may in particular provide— (a) for altering or winding up any pension scheme, (b) for varying any trust or transferring any pension fund, or obligations or liabilities under a pension scheme, (c) for requiring a Board or the Holding Company to make payments to the persons administering a pension scheme so as to convert the pension scheme from an unfunded scheme into a funded scheme, (d) for establishing any body to administer or assist in administering a pension scheme, (e) for enabling all or any of the participants in a pension scheme to become instead participants in another pension scheme, (f) for empowering the persons responsible for administering any pension scheme established for the purposes of an undertaking carried on by persons other than the Boards, the Holding Company or any subsidiary of any Board, or of the Holding Company, to carry out any arrangements for the participation in the scheme of a person who has been an employee of the Commission, or of the Boards or of the Holding Company, or of any subsidiary of any of those bodies, (g) as to the manner in which questions arising under the order are to be determined, and may contain such supplemental, incidental and consequential provisions as appear to the Minister expedient. (4) Without prejudice to the generality of the foregoing provisions of this section, an order under this section may contain provisions authorising any person who, having pension rights to which an order under this section relates, becomes a member of a Board, or the Holding Company, or a director of a subsidiary of a Board or of the Holding Company, to be treated for the purposes of a pension scheme as if his service as such a member or director were service in the employment of such a body, and as if, where that service immediately precedes or follows other service which is, or is to be treated as, service in that employment, the two periods of service were continuous. (5) An order under this section shall have effect notwithstanding anything in— (a) any local enactment, or (b) any regulations or other instrument made under the Transport Act 1947, or the Transport Act 1953, and continued in force by this Act, or (c) the Truck Acts, 1831 to 1940, or the Shop Clubs Act 1902, or (d) section eighty of the London Passenger Transport Act 1933 (which contains transitional provisions concerning superannuation funds affected by that Act), and may amend or repeal any such enactment or instrument as is mentioned in paragraphs (a) and (b) of this subsection. (6) (a) Orders under this section shall be so framed as to secure that no person other than the Boards, the Holding Company and any subsidiary of any Board, or of the Holding Company, is placed in any worse position by reason of the order. (b) An order shall not be invalid by reason that in fact it does not have the result of securing that all such persons are not placed in any worse position by reason of the provisions of the order, but if the Minister is satisfied or it is determined as hereinafter mentioned that any such order has failed to secure that result, the Minister shall as soon as may be make the necessary amending order. (c) Any dispute arising between the Minister and any person as to whether or not the said result has been secured by any order under this section shall be referred to a referee or board of referees appointed by the Minister of Labour after consultation with the Lord Chancellor and the Lord Chief Justice of England and Wales, or, where the proceedings are to be held in Scotland, after consultation with the Secretary of State, for his or their determination thereof. (d) The Minister of Labour may, with the consent of the Treasury, pay out of money provided by Parliament— (i) to any referee or to the members of any board of referees appointed under this subsection such fees and allowances as he may with the consent of the Treasury determine, and (ii) to persons giving evidence before any such referees or board such allowances as he may with the consent of the Treasury determine. (e) For the purposes of this subsection no person shall be regarded as being placed in a worse position because an order provides that any changes in a pension scheme are not to be effected without the consent of the Minister. (f) Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or Part I of the Arbitration Act 1996, shall be construed as applying to any proceedings before a referee or board of referees appointed under this section. (7) An order under this section may be made so as to have effect from a date prior to the making of the order, so, however, that so much of any order as provides that any provision thereof is to have effect from a date prior to the making of the order shall not place any person other than the Boards, the Holding Company or any subsidiary of any Board, or of the Holding Company, in a worse position than he would have been in if the order had been made to have effect only from the date of its making. (8) The power of making orders under this section shall be exercised by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and the power of making orders under this section shall include power to vary or revoke a previous order. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . an order under this section shall have effect notwithstanding anything in regulations made under the said Act before the order was made. (10) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

75 Transitional provisions relating to pensions.

Part IV of the Seventh Schedule to this Act (which contains transitional provisions relating to pensions) shall have effect for the purposes of this Act.

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79 Power to make special payments on the termination of the appointment of members of the Commission or Executive.

(1) If a person ceases to be a member of the Commission, or of the London Transport Executive, otherwise than on the expiration of his term of office, and it appears to the Minister that there are special circumstances which make it right that that person should receive compensation, the Minister may with the approval of the Minister for the Civil Service require the Commission to make to him a payment of such amount as may be determined by the Minister with the approval of the Minister for the Civil Service. (2) This section shall apply whether or not any pension is payable under paragraph (b) of subsection (7) of section one of the Transport Act 1947, or sub-paragraph (1) of paragraph 2 of the Second Schedule to that Act, and shall apply to persons who cease to be members of the Commission or Executive before the passing of this Act, as well as to persons who cease to be members at a later time. (3) Any requirement imposed by the Minister as regards a member of the Commission under subsection (1) of this section after the vesting date shall be imposed on the Railways Board instead of on the Commission, and any requirement so imposed as regards a member of the London Transport Executive shall be imposed on the London Board instead of on the Commission.

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81 Compensation to officers and servants of the Commission.

(1) The Minister shall by regulations contained in a statutory instrument require the appropriate body as defined in this section to pay, in such cases and to such extent as may be specified in the regulations, compensation to persons who are at the passing of this Act officers or servants of the Commission and who suffer loss of employment or loss or diminution of emoluments or pension rights, or whose position is worsened, in consequence of the reorganisation effected by this Act. (2) The regulations may apply to any such person whether or not he continues in the employment of the Commission until the vesting date and whether or not he is a party to an agreement for the rendering of personal services to the Commission which is modified by section thirty-four of this Act. (3) Different regulations may be made under this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date prior to the making thereof, so, however, that so much of any regulations as provides that any provision thereof is to have effect as from a date earlier than the making thereof shall not place any person (other than the body paying compensation) in a worse position than he would have been in if the regulations had been made to have effect only as from the making thereof. (4) Regulations under this section— (a) may prescribe the procedure to be followed in making claims for compensation, and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined, and (b) may in particular contain provisions enabling appeals from any determination as to whether any or what compensation is payable to be brought, in such cases and subject to such conditions as may be prescribed by the regulations, to a referee or board of referees appointed by the Secretary of State, after consultation with the Lord Chancellor and the Lord Chief Justice of England and Wales, or, where the proceedings are to be held in Scotland, after consultation with the Secretary of State. (5) No regulations shall be made under this section unless a draft thereof has been laid before Parliament and has been approved by a resolution of each House of Parliament. (6) The Secretary of State may, with the consent of the Treasury, pay out of money provided by Parliament— (a) to any referee or to the members of any board of referees appointed by him in pursuance of regulations under this section such fees and allowances as he may with the consent of the Treasury determine, and (b) to persons giving evidence before any such referee or board such allowances as he may with the consent of the Treasury determine. (7) Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or Part I of the Arbitration Act 1996, shall be construed as applying to any proceedings before a referee or board of referees appointed in pursuance of regulations under this section. (8) In this section “the appropriate body” means— (a) in relation to a person who on the vesting date ceases to be an officer or servant of the Commission and becomes an officer or servant of a Board, that Board, (b) in relation to a person who on the vesting date ceases to be an officer or servant of the Commission and becomes an officer or servant of the Holding Company, the Holding Company, (c) in relation to a person who at any time in the period beginning with the passing of this Act and ending with the vesting date becomes an officer or servant of one of the bodies which on the vesting date becomes a subsidiary of the Railways Board, the Docks Board, the British Waterways Board or the Holding Company, that Board or the Holding Company as the case may be, (d) in the case of any other person, the Board which would have become his employer under section thirty-four of this Act if an agreement had subsisted at the vesting date for the rendering by him to the Commission of personal services of the kind which he was rendering to the Commission when he left the service of the Commission. (9) The London Board, the Docks Board, the British Waterways Board and the Holding Company may arrange to make payments to the Railways Board by way of contributions towards the liability of the Railways Board under this section in respect of officers and servants of the Commission, and if the Railways Board satisfy the Minister that any of the other Boards or the Holding Company have not made an appropriate contribution towards that liability, whether by the payment of money or by finding employment for any such officers or servants or otherwise, the Minister may require that other Board or, as the case may be, the Holding Company to make such payment to the Railways Board as appears to the Minister to be just. (10) Nothing in this section shall be construed as enabling regulations to be made prejudicing the rights of any person under Part VII of the Transport Act 1947, or any other enactment passed before this Act. (11) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

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83 Abandonment of independent railways.

(1) The minister may make an abandonment order in respect of any railway comprised in an independant railway undertaking if an application is made to him for that purpose by the undertakers in question or by any creditor of those undertakers. (2) Notice of any application under this section shall be published by the applicant in such manner and form as the Minister may direct, and the Minister shall before making an order under this section consider any objections which have been lodged in respect to the application. (3) An order under this section shall have effect to release the undertakers from any statutory obligation to construct, maintain or operate the railway which is the subject of the order, and the order may contain provisions for abrogating, on such terms as to compensation or otherwise as the Minister may think just, any obligations (whether statutory or otherwise) to provide or maintain works, services or facilities in connection with the railway. (4) An order under this section may contain such consequential and supplementary provisions, including provisions for the assessment of compensation, as the Minister may think fit, and notice of the order shall be published in such a manner and form as the Minister may direct. (5) Where an application is made under this section by a creditor, the undertakers in question shall furnish the Minister with all such information, and permit such inspection of their railways, as the Minister may reasonably require for the purposes of the application, and any person who fails to comply with a requirement under this subsection shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In this section “independent railway undertaking” means a railway undertaking carried on in Great Britain and not forming part of the undertaking of the Commission or of any of the Boards, being an undertaking the carrying on of which is authorised by, or by an order made under, an Act of Parliament.