31A Specimens of blood taken from persons incapable of consenting
(1) A constable may make a request to a medical or health care practitioner for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if—
(a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 33) be entitled under section 31 to require the provision of a specimen of blood for a laboratory test;
(b) it appears to that constable that that person has been involved in—
(i) an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter; or
(ii) a dangerous incident (within the meaning given by section 29(3)) that constitutes or is comprised in that matter or those circumstances;
(c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and
(d) it appears to that constable that that person’s incapacity is attributable to medical reasons.
(2) A request under this section—
(a) shall not be made to a medical or health care practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and
(b) shall not be made to a practitioner other than a police medical or health care practitioner unless—
(i) it is not reasonably practicable for the request to be made to a police medical or health care practitioner ; or
(ii) it is not reasonably practicable for such a ... practitioner (assuming him to be willing to do so) to take the specimen.
(3) It shall be lawful for a medical or health care practitioner to whom a request is made under this section, if he thinks fit—
(a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and
(b) to provide the sample to a constable.
(4) If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—
(a) has been informed that it was taken; and
(b) has been required by a constable to give his permission for a laboratory test of the specimen; and
(c) has given his permission.
(5) A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission, may render him liable to prosecution.
(6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence.
(7) In this section—
“medical or health care practitioner” means a medical practitioner or a registered health care professional;
“police medical or health care practitioner” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force.
(1) While a person is at a hospital as a patient, he shall not be required to provide a specimen of breath for a breath test or to provide a specimen for a laboratory test unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement; and—
(a) if the requirement is then made, it shall be for the provision of a specimen at the hospital, but
(b) if the medical practitioner objects on the ground specified in subsection (2) below, the requirement shall not be made.
(1A) While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 31A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section unless the medical practitioner in immediate charge of his case—
(a) has been notified of the proposal to take the specimen or to make the requirement; and
(b) has not objected on the ground specified in subsection (2).
(2) The ground on which the medical practitioner may object is—
(a) in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 31(9) of this Act would be prejudicial to the proper care and treatment of the patient; and
(b) in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 31A(5) of this Act would be so prejudicial.
(3) A person shall not be arrested under section 30(2) above while he is at a hospital as a patient.
(1) In proceedings for any offence under section 27 above—
(a) evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine provided by or taken from the accused shall be taken into account, and
(b) it shall be assumed that the proportion of alcohol in the accused’s breath, blood or urine at the time of the alleged offence was not less than in the specimen.
(2) That assumption shall not be made if the accused proves—
(a) that he consumed alcohol before he provided the specimen or had it taken from him and after he had stopped work on the occasion of the alleged offence, and
(b) that, had he not done so, the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, where the offence alleged is an offence of being unfit to carry out the work in question through drink, would not have been such as to impair his ability to carry out that work properly.
(3) Where, at the time a specimen of blood or urine was provided by the accused, he asked to be provided with such a specimen, evidence of the proportion of alcohol or any drug found in the specimen shall not be admissible in the proceedings on behalf of the prosecution unless—
(a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided, and
(b) the other part was supplied to the accused.
(3A) Where a specimen of blood was taken from the accused under section 31A, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution in the proceedings unless—
(a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and
(b) any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.
(1) In proceedings for any offence under section 27 above, evidence of the proportion of alcohol in a specimen of breath may be given by the production of a document (or documents) purporting to be—
(a) a statement automatically produced by the device by which the proportion of alcohol in the specimen was measured, and
(b) a certificate signed by a constable (which may but need not be contained in the same document as the statement) that the specimen was provided by the accused at the date and time shown in the statement.
(2) In such proceedings, evidence of the proportion of alcohol or a drug in a specimen of blood or urine may be given by the production of a document purporting to be a certificate signed by an authorised analyst identifying the specimen and stating the proportion of alcohol or drug found in it.
(3) In such proceedings, evidence that a specimen of blood was taken from the accused with his consent by a medical practitioner or a registered health care professional may be given by the production of a document purporting to be a certificate to that effect signed by the practitioner or a registered health care professional .
(4) A document such as is mentioned in subsection (1) above shall be admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it either was handed to the accused when the document was produced or was served on him not later than seven days before the hearing.
(5) A document such as is mentioned in subsection (2) or (3) above shall be admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it was served on the accused not later than seven days before the hearing.
(6) A document purporting to be a certificate (or so much of a document as purports to be a certificate) shall not be admissible in evidence on behalf of the prosecution in pursuance of this section if the accused, not later than three days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the prosecutor requiring the attendance at the hearing of the person by whom the document purports to be signed.
(7) In this section “served” means , in relation to proceedings in England and Wales, served in accordance with Criminal Procedure Rules or, otherwise, served personally or sent by registered post or recorded delivery service.
(8) In subsection (2) above “authorised analyst” means—
(a) any person possessing the qualifications prescribed by regulations made under section 76 of the Food Act 1984 or section 27 of the Food and Drugs (Scotland) Act 1956 as qualifying persons for appointment as public analysts under those Acts, or
(b) any other person authorised by the Secretary of State to make analyses for the purposes of this section.
(1) A person guilty of any offence under this Chapter other than an offence under section 29(5) above shall be liable on summary conviction to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale or to both.
(2) A person guilty of an offence under section 29(5) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) Section 30(3) and (4) above shall not extend to Scotland, and nothing in those subsections shall affect any rule of law in Scotland concerning the right of a constable to enter any premises for any purpose.
(2) In proceedings for any offence under section 27 above in Scotland—
(a) a document produced in evidence on behalf of the prosecution in pursuance of section 35 above and, where the person by whom the document was signed is called as a witness, the evidence of that person, shall be sufficient evidence of the facts stated in the document, and
(b) a written execution purporting to be signed by the person who handed to or served on the accused or the prosecutor a copy document or notice under section 35 above, together with, where appropriate, a post office receipt for the relevant registered or recorded delivery letter, shall be sufficient evidence of the handing or service of the copy document or notice.
(1) In this Chapter—
“breath test” means a preliminary test for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit;
“drug” includes any intoxicant other than alcohol;
“fail” includes refuse;
“hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients.
(2) In this Chapter “the prescribed limit” means, as the case may require—
(a) 35 microgrammes of alcohol in 100 millilitres of breath,
(b) 80 milligrammes of alcohol in 100 millilitres of blood, or
(c) 107 milligrammes of alcohol in 100 millilitres of urine,
or such other proportion as may be prescribed by regulations made by the Secretary of State.
(2A) In this Chapter “registered health care professional” means a person (other than a medical practitioner) who is—
(a) a registered nurse; or
(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.
(2B) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
(2C) An order under subsection (2A)(b) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) For the purposes of this Chapter, it is immaterial whether a person who works on a transport system does so in the course of his employment, under a contract for services, voluntarily or otherwise.
(4) For the purposes of this Chapter, a person does not provide a specimen of breath for a breath test or for analysis unless the specimen—
(a) is sufficient to enable the test or the analysis to be carried out, and
(b) is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.
(5) For the purposes of this Chapter, a person provides a specimen of blood if and only if—
(a) he consents to the taking of such a specimen from him; and
(b) the specimen is taken from him ... either by a medical practitioner or by a registered health care professional.
(6) The power to make regulations under subsection (2) above shall be exercisable by statutory instrument; and no such regulations shall be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
39 Amendment of scope of offences involving drink or drugs under Road Traffic Act 1988.
The following section shall be inserted in the Road Traffic Act 1988 after section 192—
Tramcars and other guided vehicles: drink and drugs.
192A (1) Sections 4 to 11 of this Act shall not apply (to the extent that apart from this subsection they would) to vehicles on any transport system to which Chapter I of Part II of the Transport and Works Act 1992 (offences involving drink or drugs on railways, tramways and certain other guided transport systems) applies.
(2) Subject to subsection (1) above, the Secretary of State may by regulations provide that sections 4 to 11 of this Act shall apply to vehicles on a system of guided transport specified in the regulations with such modifications as he considers necessary or expedient.
(3) Regulations under subsection (2) above may make different provision for different cases.
(4) In this section—
“guided transport” means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way), and
“vehicle” includes mobile traction unit.
(1) For the purpose of securing the safe operation of railways, tramways, trolley vehicle systems and prescribed systems of guided transport, the Secretary of State may make regulations requiring that the approval of a specified authority be obtained before—
(a) new works, plant or equipment are first brought into use, or
(b) works, plant or equipment are first brought into use after alterations have been made to them.
(2) Regulations under this section—
(a) shall prescribe the cases in which approval is required and the procedure for obtaining it;
(b) may include provision as to the time when works, plant or equipment are to be treated as first brought into use, including provision for disregarding periods of testing and other periods of use before sufficient information is available for a decision to be made on an application for approval;
(c) may include provision prohibiting the giving of false information to the specified authority .
(3) Regulations under this section may make different provision for different cases, and may include provision authorising the specified authority —
(a) to dispense (conditionally or unconditionally) with compliance with regulations that would otherwise apply, or
(b) to require compliance with regulations that would not otherwise apply,
either in the case of any particular works, plant, equipment or alterations, or in the case of works, plant, equipment or alterations of such descriptions as it may determine.
(4) Regulations under this section may provide that any person who without reasonable cause contravenes any specified provision of the regulations, or does so in specified circumstances, shall be guilty of an offence under this section.
(5) Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.
(6) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) In this section—
“equipment” includes vehicles;
“prescribed systems of guided transport” means systems using a mode of guided transport prescribed by regulations under this section.
“specified authority” means such authority as may be specified in regulations under this section .
(8) The power to make regulations under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The relevant enforcing authority may give a direction under this section to any person carrying on an undertaking which includes the provision of transport services on a railway, tramway or system using any other mode of guided transport.
(2) A direction under this section may impose—
(a) maximum speeds at which vehicles in use on the system may travel, and
(b) maximum weights that may be transmitted to the rails (or other structures which support vehicles in use on the system) by any one pair of wheels, or by such other parts of the vehicles as may be specified in the direction.
(3) Directions under this section may make different provision for different vehicles, different parts of the system, or otherwise for different circumstances.
(4) Before giving a direction under this section, the relevant enforcing authority shall consult the person to whom that authority proposes to give it.
(5) If a direction under this section is contravened in the course of the provision of transport services by the person to whom the direction was given, that person shall be guilty of an offence.
(6) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) In this section “relevant enforcing authority” means the enforcing authority responsible for the enforcement of the relevant statutory provisions in relation to the mode of transport to which the direction applies.
(8) In subsection (7)—
“enforcing authority” has the same meaning as in section 18(7) (a) of the Health and Safety at Work etc. Act 1974;
“relevant statutory provisions” has the same meaning as in that Act.
(1) The Secretary of State may give a direction under this section to an operator of a railway, tramway, trolley vehicle system or system using any other mode of guided transport.
(2) A direction under this section may require the person to whom it is given to ensure that there are at all times in force such policies of insurance against liability in respect of death or personal injury as comply with the requirements of the direction.
(3) Before giving a direction under this section, the Secretary of State shall consult the person to whom he proposes to give it.
(4) If a direction under this section is contravened, the person to whom the direction was given shall be guilty of an offence.
(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) Schedule 2 to this Act (which amends the Highways Act 1980 so as to provide for the stopping up or diversion of footpaths and bridleways crossing railways and tramways) shall have effect.
(2) Where a public right of way over a footpath , bridleway or restricted byway where it crosses a railway or tramway is extinguished by an order under sections 118 to 119A of the Highways Act 1980, any obligation (however imposed) to maintain the crossing for the benefit of the public shall cease to have effect.
(3) “Restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.
48 Footpaths , bridleways and restricted byways over railways.
(1) This section applies where—
(a) a public right of way over a footpath , bridleway or restricted byway crosses a railway or tramway otherwise than by a tunnel or bridge,
(b) the operator of the railway or tramway has made a closure or diversion application in respect of the crossing, and
(c) in the opinion of the Secretary of State the crossing constitutes a danger to members of the public using it or likely to use it.
(2) The Secretary of State may by order require the operator to provide a tunnel or a bridge, or to improve an existing tunnel or bridge, to carry the path or way over or under the railway or tramway at or reasonably near to the crossing to which the closure or diversion application relates.
(3) An order under this section may include particulars as to the tunnel or bridge which is to be provided or as to the improvements which are to be made.
(4) The Secretary of State shall not make an order under this section after the end of the period of two years beginning with the day on which the closure or diversion application is made, and not less than two months before making an order he shall give written notice of his proposal to make the order to the operator and to each local authority in whose area the crossing (or any proposed new crossing) is situated.
(5) A notice given under subsection (4) above must be accompanied by a draft of the proposed order under this section; and any order eventually made may include modifications of the draft.
(6) An operator shall not be regarded as in breach of a duty imposed by an order under this section if he has used his best endeavours to comply with the order.
(7) Where an operator is required by an order under this section to provide or improve a bridge or tunnel, but is unable to do so because he does not have the powers or rights (including rights over land) needed for the purpose, he shall not be taken to have used his best endeavours to comply with the order unless he has used his best endeavours to obtain those powers or rights (whether by means of an order under section 1 above or otherwise).
(8) In this section—
“bridleway” has the same meaning as in the Highways Act 1980;
“closure or diversion application” means—
(a) an application made under section 6 above, or
(b) a request made in accordance with section 120(3A)(b) of the Highways Act 1980,
for an order by virtue of which a public right of way would be extinguished or diverted;
“footpath” has the same meaning as in the Highways Act 1980;
“local authority” means a county council, a district council, a London borough council, the Common Council of the City of London, , a county borough council, a parish or community council and a parish meeting of a parish not having a separate parish council;
“operator”, in relation to a railway or tramway, means any person carrying on an undertaking which includes maintaining the permanent way.
“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.
(1) Section 75 of the Railways Clauses Consolidation Act 1845 and section 68 of the Railways Clauses Consolidation (Scotland) Act 1845 (which make it an offence for any person to fail to fasten gates) shall be amended as follows.
(2) After the word “gate” there shall be inserted the words “ or to lower any barrier ”.
(3) For the words “not exceeding” onwards there shall be substituted the words “ not exceeding level 3 on the standard scale. ”
—In section 1 of the Level Crossings Act 1983 (safety arrangements at level crossings) in subsection (11), for the definition of “operator” there shall be substituted—
“operator”, in relation to a crossing, means any person carrying on an undertaking which includes maintaining the permanent way;
(1) Subject to any directions under subsection (2) below, the operator of a railway or tramway which is crossed in any place by a private road or path may cause or permit crossing signs or barriers of a character—
(a) prescribed in regulations made by the Secretary of State, or
(b) otherwise authorised by him,
to be placed on or near the road or path near the crossing.
(2) The Secretary of State may give directions to the operator of a railway or tramway which is crossed in any place by a private road or path for the placing of crossing signs or barriers of a character specified in the directions on or near the road or path near the crossing.
(3) For the purposes of this section—
(a) the size and colour of a crossing sign and whether or not it is illuminated (by lighting or the use of reflectors or reflecting material), and
(b) the nature of the warnings, information, requirements, restrictions or prohibitions conveyed by it,
shall be regarded as part of the sign’s character.
(4) The power to make regulations under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Regulations under this section may make different provision for different cases.
(1) The operator of a railway or tramway shall not enter or do anything on any land for the purpose of exercising his powers under section 52(1) above except—
(a) with the consent of every owner of the land, or
(b) in accordance with an authorisation given by the Secretary of State under subsection (4) below.
(2) Where the operator of a railway or tramway proposes to enter or do anything on any land for the purpose of exercising his powers under section 52(1) above but has not obtained the consent of every owner of the land to his proposals (after making reasonable efforts to do so), he shall serve on every owner whose consent he has not obtained a notice giving details of the proposals and stating that—
(a) he is referring the proposals to the Secretary of State for a decision as to whether or not they should be carried out, and
(b) in making that decision, the Secretary of State will consider any written representations made to him by the owner within the period of forty-two days beginning with the date of the notice.
(3) Where subsection (2) above applies, the operator shall—
(a) submit a copy of every notice served by him under that subsection to the Secretary of State, and
(b) provide the Secretary of State with such further information about the proposals as he may require.
(4) Where proposals are referred to the Secretary of State under this section, he shall after the expiry of the period of forty-two days beginning with the date of the latest notice served under subsection (2) above and after considering any representations made to him in accordance with that subsection—
(a) authorise the operator to carry out the proposals (either without modifications or with such modifications as the Secretary of State may specify), or
(b) direct him not to carry out the proposals,
and shall serve notice of his decision on every owner served with a notice under subsection (2) above.
(5) Any authorisation under subsection (4) above may be given subject to such conditions as the Secretary of State may specify, including conditions that compensation shall be payable by the operator.
(6) Any dispute as to the amount of any compensation payable by virtue of subsection (5) above shall be referred to and determined by the Upper Tribunal or, in relation to land in Scotland, the Lands Tribunal for Scotland.
(7) The operator of a railway or tramway may enter any land and do anything necessary on it (without the consent of the owners of the land) for the purpose of—
(a) complying with any directions given under section 52(2) above, or
(b) maintaining a crossing sign or barrier lawfully placed on or near a private road or path near a place where it crosses the railway or tramway.
(8) The Secretary of State may enter any land and do anything necessary on it (without the consent of the owners of the land) for the purpose of exercising his powers under section 54(1) below.
(9) In this section “owner”—
(a) in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple (whether in possession or reversion) and includes also a person holding, or entitled to the rents and profits of, the land under a tenancy, other than a tenancy for a month or any period less than a month;
(b) in relation to any land in Scotland, means a person who, under the Land Clauses Acts, would be entitled to sell and convey land to the promoters of an undertaking and includes also a person who is or would be entitled to receive the rent of the land under a tenancy, other than a tenancy for a month or any period less than a month.
(1) If the operator of a railway or tramway fails—
(a) to comply with a direction given under section 52(2) above, or
(b) to maintain a crossing sign or barrier lawfully placed on or near a private road or path near a place where it crosses the railway or tramway,
the Secretary of State may himself carry out the work required by the direction or necessary to maintain the crossing sign or barrier.
(2) Any expenses incurred by the Secretary of State in doing so shall be recoverable by him from the operator.
(3) A direction given under section 52(2) above—
(a) if relating to a private road or path in England and Wales, shall be enforceable on the application of the Secretary of State by an order of mandamus;
(b) if relating to a private road or path in Scotland, shall be enforceable by order of the Court of Session on an application by the appropriate Law Officer within the meaning of section 4A of the Crown Suits (Scotland) Act 1857under section 45 of the Court of Session Act 1988.
(1) A person who fails to comply with any requirement, restriction or prohibition conveyed by a crossing sign lawfully placed on or near a private road or path near a place where it crosses a railway or tramway shall be guilty of an offence.
(2) In any proceedings for an offence under this section, a crossing sign on or near a private road or path near a place where it crosses a railway or tramway shall be taken to have been lawfully placed there unless the contrary is proved.
(3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) In sections 52 to 55 above (and this section)—
“barrier” includes gate;
“cross” means cross otherwise than by tunnel or bridge;
“crossing sign”, in relation to a private road or path and any place where it crosses a railway or tramway, means—
any object or device (whether fixed or portable), or
any line or mark on the road or path,
for conveying to users of the road or path warnings, information, requirements, restrictions or prohibitions relating to the crossing;
“fail” includes refuse;
“lawfully placed” means placed in accordance with sections 52 to 54 above;
“maintain” includes repair and replace;
“place” includes erect and (in relation to a sign) display;
“private road or path” means any length of road or path to which the public does not have access.
(2) In the case of a railway or tramway which has more than one operator, the powers conferred by sections 52 to 54 above shall only be exercisable by or in relation to the operator carrying on the undertaking which includes maintaining the permanent way.
It shall be the duty of the Secretary of State, before he makes regulations under section 32, 38(2), 41 or 43 above, to consult such organisations as he considers to be representative of persons who will be affected by the regulations.
No proceedings shall be instituted in England and Wales in respect of an offence under this Part except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
(1) Where an offence under this Part committed by a body corporate is committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, he as well as the body corporate shall be guilty of the offence.
(2) In subsection (1) above “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(3) Where, in Scotland, an offence under this Part committed by a partnership or by an unincorporated association other than a partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a partner in the partnership or (as the case may be) a person concerned in the management or control of the association, he, as well as the partnership or association, shall be guilty of the offence.
(1) A person authorised by or under an enactment to operate a tramway (“the lessor”) may with the consent of the Secretary of State grant to another person (“the lessee”), for a period agreed between the lessor and the lessee, the right to operate the tramway (or any part of it) and such related statutory rights as may be so agreed.
(2) The terms of any agreement made by virtue of subsection (1) above shall be subject to the approval of the Secretary of State.
(3) Where an agreement is made by virtue of subsection (1) above, references in any enactment to the lessor shall, if and to the extent that the agreement so provides, have effect as references to the lessee.
(4) This section shall apply only to tramways in operation at the passing of this Act.
61 Amendment of Public Passenger Vehicles Act 1981.
(1) The Public Passenger Vehicles Act 1981 shall be amended as follows.
(2) In section 24 (regulation of conduct of drivers, inspectors and conductors)—
(a) at the end of subsection (1) there shall be added the words
and
(c) drivers, inspectors and conductors of tramcars
;
(b) in subsection (2), after the word “driver” there shall be inserted the words “ of a public service vehicle ”.
(3) In section 25(1) (regulation of conduct of passengers) after the words “public service vehicles” there shall be inserted the words “ or tramcars ”, and after the words “public service vehicle” wherever they occur there shall be inserted the words “ or tramcar ”.
(4) In section 27(1) (returns to be provided by persons operating public service vehicles) after the words “public service vehicles” there shall be inserted the words “ or tramcars ”.
(5) In section 60(1) (general power to make regulations)—
(a) at the end of paragraph (j) (carriage of luggage and goods on public service vehicles) there shall be added the words “ or tramcars ”;
(b) in paragraph (k) (custody of property left on a public service vehicle) after the word “vehicle” there shall be inserted the words “ or tramcar ”.
(6) After subsection (1A) of section 60 there shall be inserted—
(1B) Regulations made under any provision of this Act and applying to tramcars may amend or exclude any provision of an Act or instrument of local application whose subject-matter is the same as that of the regulations.
(1) In section 4 of the Metropolitan Public Carriage Act 1869 (interpretation) in the definition of “hackney carriage”, for the words “not a stage carriage” there shall be substituted the words “ neither a stage carriage nor a tramcar ”.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In section 80 of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation) in subsection (1) in the definition of “private hire vehicle”, after the words “London cab” there shall be inserted the words “ or tramcar ”.
(1) The Harbours Act 1964 shall have effect with the amendments set out in Schedule 3 to this Act.
(2) In section 37 of the Docks and Harbours Act 1966 (which gives to harbour authorities powers to acquire harbour businesses, and to subscribe for or acquire securities of bodies engaged, or to be engaged, in harbour businesses)—
(a) in subsection (1), for the words “harbour operations” and the words “such operations” there shall be substituted the words “ activities relating to harbours ”;
(b) in subsection (2), for the words “harbour operations” there shall be substituted the words “ activities relating to harbours ”;
(c) after subsection (2) there shall be inserted—
(2A) Nothing in subsection (2) above shall be construed as authorising a harbour authority to delegate to another body any function that it could not delegate apart from that subsection.
(d) subsection (3) shall be omitted.
(3) In section 35 of the Coast Protection Act 1949 (which excepts certain operations from the requirement to obtain the Secretary of State’s consent under section 34) in subsection (1) there shall be added after paragraph (h)—
(i) any operations authorised by an order under section 14 or 16 of the Harbours Act 1964.
(1) Section 36 of the Highways Act 1980 (highways maintainable at public expense) shall be amended as follows.
(2) In subsection (2), at the end of paragraph (c), the word “and” shall be omitted.
(3) After paragraph (d) of subsection (2), there shall be added—
(e) a highway, being a footpath or bridleway, created in consequence of a rail crossing diversion order, or of an order made under section 14 or 16 of the Harbours Act 1964, or of an order made under section 1 or 3 of the Transport and Works Act 1992.
(4) After subsection (3) there shall be inserted—
(3A) Paragraph (e) of subsection (2) above shall not apply to a footpath or bridleway, or to any part of a footpath or bridleway, which by virtue of an order of a kind referred to in that subsection is maintainable otherwise than at the public expense.
(1) The following enactments shall cease to have effect—
(a) the General Pier and Harbour Act 1861;
(b) in the Tramways Act 1870—
section 3 (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),
sections 4 to 21,
sections 22 to 24 (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),
in section 25, the words from the beginning to “surface of the road” (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),
in section 25, the words “and shall not be opened” onwards,
sections 26 to 40 (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),
sections 41 and 42,
sections 43 to 47 (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),
section 48,
sections 49 to 64 (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),
Parts I and II of Schedule A (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),
Part III of Schedule A,
Schedule B, and
Schedule C (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order);
(c) the Military Tramways Act 1887;
(d) the Railways (Electrical Power) Act 1903;
(e) the Fishery Harbours Act 1915;
(f) section 220(1)(a) of the Insolvency Act 1986.
(2) In the Coast Protection Act 1949, in sections 2(8)(a) and 17(8)(b), for the words “to which the Fishery Harbours Act 1915 applies” there shall be substituted the words “which is a fishery harbour for the purposes of section 21 of the Sea Fish Industry Act 1951”.
(1) A notice or other document required or authorised to be served for the purposes of this Act may be served by post.
(2) Where the person on whom a notice or other document to be served for the purposes of this Act is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
(3) For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this section, the proper address of any person in relation to the service on him of a notice or document under subsection (1) above is, if he has given an address for service, that address, and otherwise—
(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;
(b) in any other case, his last known address at the time of service.
(4) Where for the purposes of this Act a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable inquiry, the notice may be served by—
(a) addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on the land.
(5) This section shall not be taken to exclude the employment of any method of service not expressly provided for by it.
(6) This section shall not apply to anything required or authorised to be served under section 35 above.
(1) In this Act, except where the context otherwise requires—
“carriageway” has the same meaning as in the Highways Act 1980, or in Scotland the Roads (Scotland) Act 1984;
“guided transport” means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way);
“inland waterway” includes both natural and artificial waterways, and waterways within parts of the sea that are in Great Britain, but not any waterway managed or maintained by a person who is a harbour authority (within the meaning of the Harbours Act 1964) in relation to the waterway;
“operator”, in relation to a transport system, means any person carrying on an undertaking which includes the system or any part of it or the provision of transport services on the system;
“railway” means a system of transport employing parallel rails which—
provide support and guidance for vehicles carried on flanged wheels, and
form a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level),
but does not include a tramway;
“street” means—
in England and Wales, a street within the meaning of section 48 of the New Roads and Street Works Act 1991, together with land on the verge of a street or between two carriageways;
in Scotland, a road within the meaning of section 107 of the New Roads and Street Works Act 1991, together with land on the verge of a road or between two carriageways;
“tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which—
provide support and guidance for vehicles carried on flanged wheels, and
are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
“trolley vehicle system” means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles);
“vehicle” includes mobile traction unit.
(2) References in this Act to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.
(1) The enactments mentioned in Schedule 4 to this Act (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule.
(2) The repeal by this Act of the Notice of Accidents Act 1894 shall not affect section 75 of the Civil Aviation Act 1982 (by virtue of which regulations may include provisions applying section 3 of the 1894 Act).
There shall be paid out of money provided by Parliament—
(a) any expenses incurred by the Secretary of State under this Act, and
(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(1) The preceding sections of, and the Schedules to, this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different purposes.
(2) An order under subsection (1) above may include such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient.