Transport Act 1968

• (5) No regulations shall be made under this section unless a draft thereof has been approved by a resolution of each House of Parliament.

• (6) Where any of the following authorities, namely the Boards, the new authorities and the Holding Company, are required by any such regulations to pay compensation thereunder, any other of those authorities may arrange to make to the compensating authority payments by way of contributions towards their liability under the regulations; and if the compensating authority satisfy the Minister that any of the other authorities have not made a proper contribution towards that liability, whether by payment of money or by finding employment for persons to or in respect of whom the compensation has become payable, the Minister may require that other authority to make such payment to the compensating authority as appears to the Minister to be just.

• (7) In relation to regulations under this section in connection with a transfer such as is mentioned in paragraph (a) of subsection (1) thereof to or from the Scottish Group or a subsidiary of theirs, references in the said subsection (1) to the Minister shall be construed as references to the Minister and the Secretary of State acting jointly; and for the purposes of any payment by the Scottish Group under subsection (6) of this section, references to the Minister in the said subsection (6) shall be construed as references to the Secretary of State.

Pensions

136

• (1) Subject to subsection (3) of this section, sections 73 and 74 of the Act of 1962 (which relate respectively to the powers of the Boards and the Holding Company as regards pensions and pension schemes and to the Minister’s power to make orders about pensions) shall have effect—

• (a) as if the expression “Board”in each of those sections included each of the new authorities; and

• (b) as if the reference in subsection (2)(a) of the said section 74 to a pension scheme in which employees of the Commission or a subsidiary of the Commission participated before the vesting date included a reference to a pension scheme in which employees of, or of a subsidiary of, the Railways Board or the Holding Company participated before any relevant transfer date such as is mentioned in subsection (4) of this section.

• (2) If in the case of any transfer such as is mentioned in subsection (4) of this section an order under the said section 74 as applied by this section is made before the transfer date which provides for the transfer on that date from the transferor to some other person of property, rights and liabilities of the transferor relating to any pensions or pension schemes—

• (a) that order may apply to the transfer under the order such of the provisions of Schedule 4 to this Act subject to such modifications as the Minister may consider appropriate; and

• (b) save as may be provided by that order, the provisions of this Act with respect to the transfer mentioned in the said subsection (4) shall not apply in relation to the property, rights and liabilities to which the order relates.

• (3) In relation to the Scottish Group, references to the Minister—

• (a) in the said section 73 and, for the purposes of orders relating only to that Group, in the said section 74 and in subsection (2) of this section shall be construed as references to the Secretary of State;

• (aa) in the case of the Waterways Board, to the Scottish Ministers,

• (b) in the said section 74 and subsection (2), for the purposes of orders relating both to that Group and to other authorities, shall be construed as references to the Minister and the Secretary of State acting jointly.

• (4) Any person who—

• (a) on the transfer date for the purposes of a transfer under any of the following provisions of this Act, namely, sections 4(1), 4(4), 5(3) (a) or (b), . . . 28(1), (2) or (5) and 29(2), ceases to be employed by one, and becomes employed by another, of the following bodies, namely, the Railways Board, the Holding Company, the new authorities and any body which is a subsidiary of that Board or Company or of any of the new authorities;

• (b) on the transfer date for the purposes of any transfer under subsection (2) of section 53 of this Act ceases to be employed by the Holding Company and becomes employed by any publicly-owned body within the meaning of subsection (1)(a) of that section or under the Crown; or

• (c) on any such transfer date as aforesaid is employed by a body which immediately before that date was a subsidiary of one, but on that date becomes a subsidiary of another, of the following bodies, namely, the Railways Board, the Holding Company and the new authorities,

shall not in consequence cease to be eligible to participate in any pension scheme in which he was a participant immediately before that transfer date.

• (5) In the application of subsection (4) of this section to a pension scheme the benefits under which are or will be receivable as of right, persons who have obtained pension rights under the scheme without having contributed under the scheme shall be regarded as participants in the scheme; and the reference in that subsection to being eligible to participate in a pension scheme shall be construed accordingly.

• (6) Subsections (4) and (5) of this sections shall have effect subject to any order under section 74 of the Act of 1962 made by virtue of subsection (1) of this section, being an order taking effect on or at any time after the relevant transfer date referred to in the said subsection (4).

Machinery for negotiation and consultation with staff

137

• (1) This section applies to the following authorities, namely—

• (a) . . .the Waterways Board. . . ;

• (b) the new authorities;

• (c) the Executive for any area which is an integrated transport area or a passenger transport area for the purposes of Part II of this Act.

• (2) In the case of each authority to whom this section applies, except so far as the authority are satisfied that adequate machinery exists for achieving the purposes of this section, being machinery for operation at national level or local level or a level falling between those levels and appearing to the authority to be appropriate, it shall be the duty of the authority, either directly, or indirectly by exercising control over subsidiaries, to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the authority and that organisation or, if the authority so decide, between subsidiaries of theirs and that organisation, of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for—

• (a) the settlement by negotiation of terms and conditions of employment of persons employed by the authority and by their subsidiaries with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;

• (b) the promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the authority and by their subsidiaries of their activities, including in particular the promotion and encouragement of the training of persons employed as aforesaid; and

• (c) the promotion and encouragement of measures affecting the safety, health and welfare of persons employed as aforesaid.

• (3) Every authority to whom this section applies shall send—

• (a) except in the case of the Waterways Board or such an Executive as aforesaid, to the Minister and to the Secretary of State for Employment and Productivity;

• (b) in the case of such an Executive, to the Integrated Transport Authority for the integrated transport area in question or, in Scotland, to the Passenger Transport Authority for the passenger transport area in question (referred to below in this section as the relevant Passenger Transport Authority relevant Authority ),

copies of any such agreement as aforesaid and of any instrument varying the terms of any such agreement.

• (4) Every authority to whom this section applies shall from time to time, at such times and within such period as—

• (a) except in the case of the Waterways Board or such an Executive as aforesaid, the Minister; ...

• (aa) in the case of the Waterways Board, the Scottish Ministers, or

• (b) in the case of such an Executive, the relevant Passenger Transport Authority relevant Authority,

may direct, report to the Minister and to the Secretary of State aforesaid or, as the case may be, to the Scottish Ministers or the relevant Passenger Transport Authority relevant Authority as to the progress or lack of progress made in arriving at such agreements as aforesaid.

• (5) Where it falls to any authority to whom this section applies or any subsidiary of theirs to participate in the operation of machinery established under this section, and the operation involves discussion of a subject by other persons participating therein, the authority or subsidiary shall make available to those persons, at a reasonable time before the discussion is to take place, such information in their possession relating to the subject as, after consultation with those persons, appears to the authority, or as the case may be, to the subsidiary to be necessary to enable those persons to participate effectively in the discussion.

• (6) Nothing in this section shall be construed as prohibiting any of the authorities to whom this section applies or any subsidiary of theirs from taking part together with other employers or organisations of 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 persons employed by them and the discussion of other matters of mutual interest to the authority or subsidiary and persons employed by them.

• (7) In this section “the Minister”—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in relation to the Scottish Group, means the Secretary of State for Scotland; and

• (c) in relation to ... any other authority, means the Secretary of State for Transport.

• (8) Section 72 of the Act of 1962 shall cease to apply to the Railways Board, the Waterways Board. . .

Travel concessions

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land required as service area for special road: compensation in certain cases of compulsory acquisition

139

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition of land to be exchanged for common land, etc.

140

Application of Town and Country Planning Acts

141

• (1) Section 86 of the Act of 1962 (application of Town and Country Planning Acts) shall have effect as if the expression “Board" therein included each of the new authorities and the Executive for any area which is an integrated transport area or a passenger transport area for the purposes of Part II.

• (2) Where in the case of any company—

• (a) the company is a wholly-owned subsidiary of one of the following bodies, namely, a board, a new authority, or such an Executive as aforesaid; or

• (b) two or more such bodies as aforesaid are members of the company and, if those bodies were a single body corporate, the company would be a wholly-owned subsidiary of that body corporate,

the said section 86 shall have effect as if the expression “Board" therein included that company and, so far as the activities of the company consist of the carrying on of any such undertaking as is mentioned in the definition of “statutory undertakers" in section 336(1) of the Town and Country Planning Act 1990 or in section 214 of the Town and Country Planning (Scotland) Act 1997, the company shall be deemed for the purposes of the said section 86 and any other enactment relating to statutory undertakers or statutory undertakings to be such undertakers carrying on such an undertaking.

• (3) Subsection (1) of the said section 86 shall apply—

• (a) to anything done by a Board or new authority in the exercise of the powers conferred by section 49(3) or (4) of this Act; and

• (b) to anything done by such an Executive as aforesaid in the exercise of the powers conferred by paragraph (xxii) of section 10(1) of this Act; and

• (c) to anything done by such a company as aforesaid which, if that company were a Board or such an Executive as aforesaid, would be an exercise of—

• (i) the powers referred to in paragraph (a) or (b) of the said subsection (1); or

• (ii) the powers conferred by the said section 49(3) or (4); or

• (iii) the powers conferred by the said paragraph (xxii),

as it applies to anything done by a Board in the exercise of the powers referred to in paragraph (a) or (b) of the said subsection (1).

Powers of Minister in connection with channel tunnel

142

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Channel Tunnel Planning Council

143

Transfer and disposal of historical records and relics

144

• (1) Subject to subsections (2) to (4) of this section, the Railways Board may, with the consent of the Minister—

• (a) transfer without consideration to the Secretary of State for Education and Science any of the historical records and relics which were vested in the Board by section 31(2)(f) of the Act of 1962 and are for the time being in the possession of the Board, and any premises of the Board in which any significant collection of those records or relics is housed;

• (b) transfer, without consideration or by way of sale, to any other person, or otherwise dispose of, any of those records or relics.

• (2) No record vested in the Railways Board by the said section 31(2)(f) which is housed by the Board in premises in Scotland shall under subsection (1) of this section be transferred to any person other than the Secretary of State for Scotland or otherwise disposed of unless that record—

• (a) has been previously offered by the Board to that Secretary of State; and

• (b) has not been claimed by that Secretary of State within six months of the date on which the offer was made;

and if the record is claimed as aforesaid the Board shall transfer it without consideration to that Secretary of State.

• (3) No record having special associations with the undertaking of Transport for London, and no relic having special associations with the undertaking of any relevant authority (that is to say, Transport for London any of the Boards other than the Railways Board, Canal & River Trust, any of the new authorities or the Holding Company) shall under subsection (1) of this section be transferred to any person other than the authority in question or otherwise disposed of unless—

• (a) it has been previously offered by the Railways Board to that authority; and

• (b) it has not been claimed by that authority within six months of the date on which the offer was made;

and if the record or relic is claimed as aforesaid the Railways Board shall transfer it without consideration to that authority.

• (4) There shall be no transfer or disposal of any record or relic under subsection (1)(b) of this section, except in pursuance of subsection (2) or (3) of this section, unless—

• (a) the record or relic has been previously offered by the Railways Board to the Secretary of State for Education and Science; and

• (b) it has not been claimed by him within six months of the date on which the offer was made;

and, in the case of a record, before consenting to a transfer or disposal to which the foregoing provisions of this subsection apply, the Minister shall consult with such persons as the Minister and the Secretary of State for Education and Science acting jointly may consider—

• (i) to possess appropriate qualifications for advising on the treatment of records of the class or description to which the particular record in question belongs; and

• (ii) to be the appropriate persons to consult with respect to that particular record.

• (5) Where any record or relic has been transferred to any relevant authority under subsection (3) of this section or under paragraph 4 of the British Transport Historical Relics Scheme 1963, that relevant authority shall, in respect of that record or relic, have the same powers, exercisable subject to the same conditions, as the Railways Board have under subsection (1) of this section in respect of the records and relics there mentioned.

• (6) Subsections (1) to (5) of this section shall have effect notwithstanding anything in the schemes in force under paragraph 1(5) of Schedule 6 to the Act of 1962 (which impose duties as to the preservation of the historical records and relics vested in the Railways Board by that Act) and the Railways Board may, with the approval of the Minister, vary or revoke any such scheme so far as appears to the Board and the Minister to be expedient in consequence of those subsections; but, where any record or relic which has been transferred to a relevant authority under subsection (3) of this section or under paragraph 4 of the said Scheme of 1963 is for the time being in the possession of that or any other relevant authority, then (without prejudice to the powers conferred by subsection (5) of this section and to any relevant requirement of any scheme made under the said paragraph 1(5) which remains in force with or without variations made under this subsection) it shall be the duty of the relevant authority for the time being having possession of that record or relic to preserve it in suitable accommodation.

• (7) Neither the Railways Board nor Transport for London shall dispose of any document or object for the time being in their possession which was not vested in them by the said section 31(2)(f) but falls within a class of documents or objects for the time specified by an agreement between the Board concerned and the Secretary of State for Education and Science as of sufficient interest to warrant preservation in any collection maintained or proposed to be maintained by him, unless—

• (a) it has been previously offered by the Board to that Secretary of State; and

• (b) it has not been claimed by him within six months of the date on which the offer was made;

and if that document or object is claimed as aforesaid the Board concerned shall transfer it without consideration to that Secretary of State.

• (7A) Neither subsection (4) nor subsection (7) above shall apply to a transfer by London Regional Transport of any record or relic or (as the case may be) of any document or object to any subsidiary of theirs; but in relation to any such record, relic, document or object for the time being in the possession of a subsidiary or former subsidiary of Transport for London —

• (a) references to a relevant authority in subsections (5) and (6) of this section and references to London Regional Transport in subsection (7) of this section (except in the reference to an agreement between Transport for London and the Secretary of State) shall be read as including that subsidiary or former subsidiary; and

• (b) the foregoing provisions of this subsection shall apply for the purposes of subsection (4) of this section (as it applies by virtue of subsection (5)) and for the purposes of subsection (7) of this section as if the reference to a transfer by Transport for London to any subsidiary in question to any subsidiary of Transport for London.

• (8) Any offer or claim for the purposes of this section shall be in writing; and any such claim shall be of no effect unless—

• (a) it contains a statement of the time (which shall be not more than three months after the date of the claim) when the claimant proposes to remove what he has claimed; and

• (b) the claimant removes what he has claimed in accordance with that statement or at such later time as may be allowed by the authority to whom the claim was made.

• (9) Nothing in Schedule 1 to the Public Records Act 1958 shall cause any records transferred under this section to become, by reason of that or any subsequent transfer, public records within the meaning of that Act; but any records so transferred which at any time are for the time being in the custody of the Secretary of State for Scotland may be treated for the purposes of section 5(1) of the Public Records (Scotland) Act 1937 as records belonging to Her Majesty.

Minor amendments of Road Traffic Act 1960

145

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval marks

146

• (1) Section 47 of the Road Traffic Act 1962 (which relates to approval marks for motor vehicle parts for the purposes of certain international agreements) shall apply where any international agreement to which the United Kingdom is a party provides—

• (a) for markings to be applied to a motor vehicle to indicate that the vehicle is fitted with motor vehicle parts within the meaning of that section of any description and either—

• (i) that the parts conform with a type approved by any country; or

• (ii) that the vehicle is such that as so fitted it conforms with a type so approved; and

• (b) for motor vehicles bearing those markings to be recognised as complying with the requirements imposed by the law of another country,

as it applies where such an agreement provides as mentioned in paragraphs (a) and (b) of subsection (1) of that section.

• (2) In the said section 47, the expression “motor vehicle part” shall include any equipment for the protection of drivers or passengers in or on a motor vehicle notwithstanding that it does not form part of, or of the equipment of, that vehicle.

• (3) In this section, the expression “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.

Exhibition of licences under Vehicle (Excise) Act 1962

147

Amendment of Road Safety Act 1967

148

Application of road traffic enactments to Crown roads

149

Railways and Coastal Shipping Committee

150

Amendment of Highlands and Islands Shipping Services Act 1960

151

Amendment of 1937 c. 28 as to marine works in Scotland

152

Compensation for certain refusals under Docks and Harbours Act 1966

153

Restriction of operation of Local Government (Scotland) Act 1947, s. 226

154

Amendments as to disqualification for membership of House of Commons, etc.

155

Miscellaneous, supplementary and consequential provisions

156

• (1) With a view to giving the public advance notice of plans for the discontinuance of any rail or shipping services provided by. . . the Scottish Group or any subsidiary of. . . or Group, that. . . Group shall from time to time publish in such manner and in such places in the United Kingdom as. . . the Secretary of State may direct such information as to their plans as. . . the Secretary of State may determine.

• (2) The enactments referred to in Schedule 16 to this Act shall have effect subject to the provisions of that Schedule, being provisions supplementary to or consequential on provisions of this Act.

Orders and regulations

157

Any power to make orders or regulations conferred on any Minister by any provision of this Act shall ... be exercisable by statutory instrument; and any power to make an order under any provision of this Act shall include power to make such an order varying or revoking any previous order under that provision.

Inquiries

158

• (1) The Minister may hold inquiries for the purposes of his functions under any provision of this Act . . . as if those purposes were purposes of the Ministry of Transport Act 1919 and section 20 of that Act shall apply accordingly.

• (2) For the purposes of any functions under this Act of the Secretary of State for Scotland or the Secretary of State for Wales, subsection (1) of this section, the said section 20 and section 90(2) to (7) of the Act of 1962 shall have effect as if for any reference therein to the Minister there were substituted a reference to that Secretary of State.

Interpretation-general

159

• (1) In this Act, except where the context otherwise requires, and except in any Part as respects which the expression in question is separately defined, the following expressions have the following meanings respectively, that is to say—

• “the Act of 1960” means the Road Traffic Act 1960;

• “the Act of 1962” means the Transport Act 1962;

• “appointed day” means the relevant day appointed under section 166(2) of this Act;

• “area bus service” means a bus service which is, or so far as it is, a service on which passengers may be taken up and set down at different places within the same area designated under section 9(1) of this Act, whether or not any passengers on that service may also be taken up or set down outside that area;

• “the Boards” means the Boards established under section 1 of the Act of 1962, namely, the British Railways Board,. . . the British Transport Docks Board and the British Waterways Board, and references to a Board shall be construed accordingly;

• “the Bus Company” means the National Bus Company established under section 24 of this Act;

• “bus service” means a stage carriage service within the meaning of Part I of the Public Passenger Vehicles Act which is neither—

• (a) an excursion or tour; nor

• (b) a service as regards which the condition specified in section 2(3)(a) of the Public Passenger Vehicles Act 1981 (long journeys only) is satisfied;

• “bus service”means a local service other than one on which the passengers travel together on a journey, with or without breaks, from one or more places to one or more places and back

• “carriageway” has the same meaning as in the Roads (Scotland) Act 1984;

• “charges” includes fares, rates, tolls and dues of every description;

• “the Docks Board” means the British Transport Docks Board established under section 1 of the Act of 1962;

• “excursion or tour” means a stage or express carriage service on which the passengers travel together on a journey, with or without breaks, from one or more places to one or more other places and back;

• “express carriage” and “stage carriage” have the same meanings respectively as for the purposes of the Public Passenger Vehicles Act 1981;

• “ferry service” means a transport service by water (including such a service by means of a hovercraft) which carries passengers and operates regularly between two or more points both or all of which are in Great Britain;

• “functions” includes powers, duties and obligations;

• “goods” includes animals and mails;

• “harbour” has the same meaning as in the Act of 1962;

• “highway authority” in relation to any highway means—

• (a) for the purposes of the application of this Act to England or Wales, the highway authority for that highway under Part I of the Highways Act 1980;

• (b) for the purposes of the application of this Act to Scotland—

• (i) where the highway is a trunk road, the Secretary of State; and

• (ii) in any other case, the regional or islands council;

• “the Holding Company” means the Transport Holding Company established under section 29 of the Act of 1962;

• “hovercraft” has the same meaning as in the Hovercraft Act 1968;

• “inland waterway” includes every such waterway whether natural or artificial;

• “land” includes land covered by water and any interest or right in, over or under land;

• “lease” includes an agreement for a lease;

• “liability” includes an obligation;

• “local roads authority” has the same meaning as in the Roads (Scotland) Act 1984;

• “local service” has the same meaning as in the Transport Act 1985;

• “the Minister” means, save as otherwise expressly provided and in particular subject to sections . . .9(6), 17(6)(a) and 28(6) of this Act, the Secretary of State;

• “the new authorities” means. . . the Bus Company andthe Scottish Group;

• “participant”, in relation to a pension scheme, means a person who (whether he is referred to in the scheme as a member, as a contributor or otherwise) contributes or has contributed under the scheme and has pension rights thereunder and “participate” shall be construed accordingly;

• “pension”, in relation to a person, means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of him, and includes a gratuity so payable and a return of contributions to a pension fund, with or without interest thereon or any other addition thereto and any sums payable on or in respect of the death of that person;

• “pension fund” means a fund established for the purposes of paying pensions;

• “pension rights” includes, in relation to any person, all forms of right to or eligibility for the present or future payment of a pension, and any expectation of the accruer of a pension under any customary practice, and includes a right of allocation in respect of the present or future payment of a pension;

• “pension scheme” includes any form of arrangement for the payment of pensions, whether subsisting by virtue of Act of Parliament, trust, contract or otherwise;

• “plated weight”, in relation to a vehicle, means a weight required to be marked on it by means of a plate in pursuance of regulations made by virtue of section 41 of the Road Traffic Act 1988 or required to be so marked by section 57 or 58 of that Act.;

• “public road” has the same meaning as in the Roads (Scotland) Act 1984;

• “public service vehicle” has the same meaning as for the purposes of the Public Passenger Vehicles Act 1981;

• “the Railways Board” means the British Railways Board established under section 1 of the Act of 1962;

• “road” and “roads authority” have the same meanings as in the Roads (Scotland) Act 1984;

• “road service licence” has the same meaning as for the purposes of the Act of 1960. . . ;

• “Scottish Group” means the Scottish Transport Group established under section 24 of this Act;

• “securities”, in relation to a body corporate, means any shares, stock, debentures, debenture stock, and any other security of a like nature, of the body corporate;

• “subsidiary” and “wholly-owned subsidiary”, subject to sections 23A(2) and 51(5) of this Act, have the same meanings respectively as in the Act of 1962;

• “vehicle” includes a hovercraft;

• “the Waterways Board” means the British Waterways Board established under section 1 of the Act of 1962;

• “Wales” includes Monmouthshire, and references to England shall be construed accordingly.

• (2) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.

• (3) In this Act—

• (a) any reference to a county (other than one to a metropolitan county) shall be construed in relation to Wales as including a reference to a county borough;

• (b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

• (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

Stamp duty

160

• (1) Nothing in section 12 of the Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) ... shall be taken as applying to this Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the appropriate Board or new authority or appropriate Executive for any area which is an integrated transport area or a passenger transport area for the purposes of Part II of this Act as having been made or executed in pursuance of Schedule 4 to this Act ... ; but no such instrument shall be deemed to be duly stamped unless it is stamped with the duty to which it would but for this subsection be liable or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.

Income tax, etc.

161

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rating

162

• (1) Where any premises are occupied wholly or partly—

• (a) for purposes of a subsidiary of the Railways Board, the London Transport Executive or the Waterways Board which, if the undertaking of that subsidiary formed part of the undertaking of that Board, would be non-rateable purposes within the meaning of subsection (6) of section 32 of the General Rate Act 1967;. . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, for the purposes of the rating of those premises so far as they are occupied for such purposes as are mentioned in paragraph (a). . . of this subsection, the undertaking of that subsidiary of that Board. . . shall be deemed to form part of the undertaking of that Board and the premises so far as so occupied shall be deemed to be occupied for non-rateable purposes of that Board.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Notwithstanding anything in subsection (6) or (7) of the said section 32, purposes of the exercise by any of the Boards aforesaid. . . of any powers conferred by section 48 or subsections (1) to (7) of section 50 of this Act or purposes of the exercise by a subsidiary of any of those Boards. . . of corresponding powers shall not be treated as non-rateable purposes within the meaning of the said section 32(6).

• (4) Where any premises are occupied partly for such purposes as are mentioned in subsection (1)(a). . . of this section and partly for other purposes. . . of such a subsidiary as is so mentioned, then—

• (a) where those premises are a hereditament in England or Wales—

• (i) there shall be ascribed to the hereditament under section 19 of the said Act of 1967 such net annual value as may be just having regard to the extent to which it is occupied for those other purposes; and

• (ii) if under any scheme for the time being in force such as is mentioned in section 117(7) of that Act any deduction falls to be made from the net annual value of the hereditament in arriving at its rateable value, that deduction shall be calculated with regard only to those other purposes;

• (b) where those premises are lands and heritages within the meaning of the Lands Valuation (Scotland) Act 1854—

• (i) it shall be the duty of the Assessor of Public Undertakings (Scotland) to ascertain and fix such net annual value as may be just, having regard to the extent to which the premises are occupied for those other purposes, and for the foregoing purpose subsections (2) and (3) of section 124 of the Local Government Act 1948 (subjects to be valued by Assessor of Public Undertakings (Scotland) shall apply as they apply for the purposes of subsection (1) of that section; and

• (ii) the deduction, if any, to be made by the Assessor from the net annual value in arriving at the rateable value shall be calculated with regard only to those other purposes.

• (5) Section 32(4) of the said Act 1967 (which provides for the rating of railway or canal premises in England and Wales occupied partly for certain specified purposes) shall have effect as if after paragraph (b)thereof there were inserted the following paragraph:—

(c) purposes of the exercise by a transport Board of any powers conferred by section 48 or subsections (1) to (7) of section 50 of the Transport Act 1968

.

• (6) Section 87(1) of the said Act of 1948 (which provides for the rating of railway or canal premises in Scotland occupied partly for non-rateable purposes and partly for other purposes) shall have effect in relation to the Railways Board and the Waterways Board as if references to other purposes included only references to other purposes being—

• (a) purposes of any parts of the undertaking of either of those Boards which, within the meaning of section 86 of that Act, are concerned with the carriage of goods or passengers by road transport or sea transport or with harbours; or

• (b) purposes of any parts of the said undertakings which are subsidiary or incidental to any such part as aforesaid; or

• (c) purposes of the exercise by those Boards of any powers conferred by section 48 or subsections (1) to (7) of section 50 of this Act.

• (7) In the application of this section to Scotland—

• (a) for any reference to subsection (6) of section 32 of the said Act of 1967 there shall be substituted a reference to section 86(2) of the Local Government Act 1948;

• (b) for the reference to subsection (5) of the said section 32 there shall be substituted a reference to section 66(3) of the Act of 1962.

Expenses

163

There shall be paid out of moneys provided by Parliament—

• (a) any expenses incurred by any Minister under or in consequence of the provisions of this Act;

• (b) any increase attributable to any of the provisions of this Act in the sums so payable under any other Act.

Application to Northern Ireland

164

• (1) The provisions of this Act set out in Part I of Schedule 17 to this Act shall extend to Northern Ireland subject to the modifications set out in Part II of that Schedule, but save as aforesaid this Act shall not extend to Northern Ireland.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repeals

165

Short title and commencement

166

• (1) This Act may be cited as the Transport Act 1968.

• (2) Section 93 of this Act shall come into force on the passing of this Act and the other provisions of this Act shall come into force on such day as, subject to subsection (3) of this section, the Minister may by order appoint, and different days may be appointed for different purposes and different provisions of this Act.

• (3) The reference to the Minister in subsection (2) of this section shall be construed—

• (a) in relation to—

• (i) the provisions of Part II of this Act; and

• (ii) any of the following provisions of this Act, namely, sections 34, 36, 37, 44, 56, 116 to 119, 121, 122 and 126 to 130; and

• (iii) the bringing into force with respect to the Scottish Group of any provision of this Act which refers to that Group,

as a reference to the Minister and the Secretary of State acting jointly;

• (b) in relation to section 131 of this Act and to any section of this Act which relates only to Scotland, as a reference to the Secretary of State.

SCHEDULE 1

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The Scottish Group shall consist of—

• (a) a chairman appointed by the Secretary of State; and

• (b) not more than ten nor less than five other members appointed by the Secretary of State after consultation with the chairman.

4

The chairman and other members of each of the new authorities shall be appointed from among persons who appear to the Minister or, as the case may be, the Secretary of State to have had wide experience of, and to have shown capacity in, transport, industrial, commercial or financial matters, applied science, administration or the organisation of workers.

5

In appointing the chairman and other members of any of the new authorities the Minister or, as the case may be, the Secretary of State shall have regard to the desirability of having members who are familiar with the special requirements and circumstance of particular regions and areas served by the authority in question. . .

6

The provisions of Part I of Schedule 1 to the Act of 1962 (which relate to the constitution and proceedings, and to the members, of the Boards) shall have effect as if each of the new authorities were one of the Boards, but in relation to the Scottish Group as if for any reference therein to the Minister there were substituted a reference to the Secretary of State.

SCHEDULE 2

1

Each of the new authorities shall severally assume a commencing capital debt due to the Minister of such amount respectively as the Minister may by order prescribe; and subsections (6) and (8) of section 39 of the Act of 1962 shall apply to that debt as they apply to the commencing capital debts of the Boards.

2

For the purposes of any period between the day appointed under section 166(2) of this Act for the purposes of the application to any of the new authorities of paragraph 1 of this Schedule, and the date of the making of the order with respect to that authority under that paragraph the Minister may estimate what the commencing capital debt of that authority is likely to be and require that authority to make to him provisional payments by way of interest on the estimated amount; and those provisional payments shall be on account of the payments of interest becoming due under section 39(6) of the Act of 1962 as applied by that paragraph.

3

Without prejudice to section 53(5) of this Act, the Minister may from time to time by order vary any of the amounts prescribed under paragraph 1 of this Schedule or in the case of the Freight Corporation, its commencing capital debt as determined by or under any enactment for the time being in force, where that appears to him to be expedient to take account—

• (b) of any transfer of property, rights and liabilities under section 7(5) or (6) or 8(4) of this Act;

and any such order may contain such transitional provisions as appear to the Minister expedient to take account any interest underpaid or overpaid on the commencing capital debt of the authority in question;. . .

4

The Minister’s power to make an order under paragraph 1 or 3 of this Schedule shall be subject to the approval of the Treasury and any such order shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

5

In the application of this Schedule or section 39(6) and (8) of the Act of 1962 to the Scottish Group, any reference therein to the Minister shall be construed as a reference to the Secretary of State.

SCHEDULE 3

PART I

Transfers from Holding Company and subsidiaries

PART II

Transfers from Railways Board

SCHEDULE 4

Allocation of property, rights and liabilities

1

• (1) The provisions of this paragraph shall have effect where a transfer to which this Schedule applies is a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking, but shall not apply to any such rights or obligations under an agreement for the rendering of personal services.

• (2) Any property, rights or liabilities held or subsisting partly for the purpose of a part of the transferor’s undertaking which is transferred and partly for the purpose of a part of that undertaking which is retained by the transferor shall, where the nature of the property, rights or liability permits, be divided or apportioned between the transferor and the transferee in such proportions as may be appropriate; and, where any estate or interest in land falls to be so divided, any rent payable under a lease in respect of that estate or interest, and any rent charged on that estate or interest, shall be correspondingly apportioned or divided so that the one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest.

• (3) Sub-paragraph (2) of this paragraph shall apply, with any necessary modifications, in relation to any feuduty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rent charged on an estate or interest in land.

• (4) Any property, rights or liabilities held or subsisting as mentioned in sub-paragraph (2) of this paragraph the nature of which does not permit their division or apportionment as so mentioned shall be transferred to the transferee or retained by the transferor according to which of them appear at the transfer date likely to make use of the property, or, as the case may be, to be affected by the right or liability, to the greater extent, subject to such arrangements for the protection of the other of them as may be agreed between them or, if either of them is, or on a vesting by virtue of this Act will become, a wholly-owned subsidiary of some other body, as may be agreed between them and that other body.

• (5) It shall be the duty of the transferor and the transferee, whether before or after the transfer date, so far as practicable to arrive at such written agreements, and to execute such other instruments, as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor and as will—

• (a) afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and

• (b) make as from such date, not being earlier than the transfer date, as may be specified in that agreement or instrument such clarifications and modifications of the division of the transferor’s undertaking as will best serve the proper discharge of the respective functions of the transferor and the transferee;

and if either the transferor or the transferee is, or on a vesting by virtue of this Act will become, a wholly-owned subsidiary of some other body, references in the foregoing provisions of this sub-paragraph to the transferor or, as the case may be, the transferee shall include references to that other body.

• (6) Any such agreement shall provide so far as it is expedient—

• (a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;

• (b) for the granting of indemnities in connection with the severance of leases and other matters;

• (c) for responsibility for registration of any matter in any description of statutory register.

• (7) If the transferor or the transferee (not being in either case a wholly-owned subsidiary of some other body), or any body of which the transferor or the transferee is, or on a vesting by virtue of this Act will become, a wholly-owned subsidiary, represents to the Minister, or if it appears to the Minister without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (5) of this paragraph that such agreement will be reached, the Minister may, whether before or after the transfer date, give a direction determining the manner in which the property, rights or liabilities in question are to be divided between the transferor and the transferee, and may include in the direction any provision which might have been included in an agreement under the said sub-paragraph (5); and any property, rights or liabilities required by the direction to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee accordingly.

Rights and liabilities under agreement for rendering of personal services

2

• (1) The provisions of this paragraph shall have effect where any rights and liabilities transferred under a transfer to which this Schedule applies are rights and liabilities under an agreement for the rendering of personal services.

• (2) Where the transfer is of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking, the rights and liabilities under any agreement for the rendering of personal services by any person (hereafter in this paragraph referred to as “an employee”) shall be transferred only if immediately before the transfer date the employee is employed wholly or mainly for the purposes of the part of the transferor’s undertaking which is transferred.

• (3) The transferor, the transferee or the employee may apply to the Minister to determine whether or not rights and liabilities in respect of the employee’s services under any particular agreement are transferred, and the Minister’s decision on the application shall be final.

• (4) Any right to services transferred shall have effect on and after the transfer date as a right not only to the services to which the agreement relates but also to any reasonably comparable services under the transferee to be selected by the transferee; and any dispute between the transferee and the employee as to what are reasonably comparable services for the purposes of this sub-paragraph may be reported to the Secretary of State for Employment and Productivity by the transferee and, if a dispute so reported is not otherwise disposed of, that Secretary of State shall refer it for determination by the industrial court.

Right to production of documents of title

3

Where on any transfer to which this Schedule applies the transferor is entitled to retain possession of any documents relating in part to the title to, or to the management of, any land or other property transferred to the transferee, the transferor shall be deemed to have given to the transferee an acknowledgement in writing of the right of the transferee to production of that document and to delivery of copies thereof; and, in England and Wales, section 64 of the Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.

Perfection of vesting of certain property or rights

4

Where in the case of any transfer to which this Schedule applies any property or rights which fall to be transferred to the transferee cannot be properly vested in the transferee by virtue of this Act because transfers thereof are governed otherwise than by the law of a part of Great Britain, the transferor shall take all practicable steps for the purpose of securing that the ownership of the property or, as the case may be, the right is effectively transferred.

Proof of title by certificate

5

In the case of any transfer to which this Schedule applies, a joint certificate. . . by or on behalf of the Railways Board and the Scottish Group , that any property specified in the certificate, or any such interest in or right over any such property as may be so specified, or any right or liability so specified, is by virtue of this Act for the time being vested in, or in such wholly-owned subsidiary of, such one of the certifying authorities as may be so specified shall be conclusive evidence for all purposes of that fact; and if on the expiration of one month after a request from one of those authorities for the preparation of such a joint certificate as respects any property, interest, right or liability, the authorities concerned have failed to agree on the terms of the certificate, they shall refer the matter to the Minister and issue the certificate in such terms as the Minister may direct.

Restrictions on dealing with certain land

6

If the Minister is satisfied on the representation of the Railways Board,. . . or the Scottish Group that, in consequence of a transfer to which this Schedule applies, different interests in land, whether the same or different land, are held by, or by a wholly-owned subsidiary of, that authority and by, or by a wholly-owned subsidiary of, another of those authorities and that the circumstances are such that this paragraph should have effect, the Minister may direct that this paragraph shall apply to such of that land as may be specified in the direction, and while that direction remains in force—

• (a) none of those authorities or their subsidiaries entitled to any interest in any of the specified land shall dispose of that interest except with the consent of the Minister;

• (b) if in connection with any proposal to dispose of an interest of one of those authorities or their subsidiaries in any of the specified land it appears to the Minister to be necessary or expedient for the protection of any other of them, the Minister may—

• (i) require any of those authorities or their subsidiaries entitled to an interest in any of the specified land to dispose of that interest to such person and in such manner as may be specified in the requirement; or

• (ii) require any of those authorities or their subsidiaries to acquire from any other of them any interest in any of the specified land to which that other authority or subsidiary is entitled; or

• (iii) consent to the proposed disposal subject to compliance with such conditions as the Minister may see fit to impose;

but a person other than one of those authorities or their subsidiaries dealing with, or with a person claiming under, one of those authorities or subsidiaries shall not be concerned to see or inquire whether this paragraph applies or has applied in relation to any land to which the dealing relates or as to whether the provisions of this subsection have been complied with in connection with that or any other dealing with that land, and no transaction with or between persons other than those authorities or subsidiaries shall be invalid by reason of any failure to comply with those provisions.

Construction of agreements, statutory provisions and documents

7

Where in the case of any transfer to which the Schedule applies any of the rights or liabilities transferred are rights or liabilities under an agreement to which the transferor was a party immediately before the transfer date, whether in writing or not, and whether or not of such nature that rights and liabilities thereunder could be assigned by the transferor, that agreement shall have effect on and after the transfer date as if—

• (a) the transferee had been a party to the agreement, and

• (b) for any reference (however worded and whether express or implied) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee, and

• (c) any reference (however worded and whether express or implied) to any officer or any servant of the transferor were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointement, to the officer or servant of the transferee who corresponds as nearly as may be to that officer or servant of the transferor, and

• (d) where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, as if the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee respectively as regards the part of the property, rights and liabilities retained by the transferor or, as the case may be, the part thereof vesting in the transferee and not as regards the other part;

and sub-paragraph (d) of this paragraph shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor.

8

Save as otherwise provided by any provision of this Act (whether expressly or by necessary implication) paragraph 7 of this Schedule, except sub-paragraph (a) thereof, shall apply in relation to any statutory provision, any provision of any agreement to which the transferor was not a party, and any provision of any document other than an agreement, if and so far as the provision in question relates to any of the transferred rights and liabilities, as it applies in relation to an agreement to which the transferor was a party, and, in relation to any such statutory or other provision as aforesaid, references in sub-paragraphs (b) and (c) of that paragraph to the transferor and to any officers or servants of the transferor include references made by means of a general reference to a class of persons of which the transferor is one, without the transferor himself being specifically referred to.

9

On and after the transfer date for any transfer to which this Schedule applies, any statutory provision to which paragraph 2(3) of Schedule 6 to the Act of 1962 applies if and so far as the provision in question relates to any of the transferred rights and liabilities, shall have effect as if—

• (a) any of the references modified by paragraph (a) of the said paragraph 2(3) were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint, and

• (a) any of the references modified by paragraph (b) of the said paragraph 2(3) were, as respects a period beginning with the transfer date, a reference to so much of the undertaking of the transferee as corresponds as mentioned in the said paragraph (b).

10

Without prejudice to the generality of the provisions of paragraphs 7 to 9 of this Schedule, the transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to and vested in the transferee by virtue of this Act as he would have had if that right or liability had at all times been a right or a liability of the transferee, and any legal proceedings or applications to any authority pending on the transfer date by or against the transferor, in so far as they relate to any property, right or liability transferred to the transferee by virtue of this Act, or to any agreement or enactment to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor.

11

If, in the case of any transfer to which this Schedule applies the effect of any agreement, and in particular any agreement under the Railway Road Transport Acts of 1928 mentioned in paragraph 1 of Part II of Schedule 2 to the Act of 1962, which was executed before the passing of this Act and to which the transferee is by virtue of this Act a party depends on whether the transferee has power to carry on any activity, it shall be assumed for the purposes of the agreement that any activity which requires the consent of the Minister under the Act of 1962 or this Act has been authorised by such a consent.

12

• (1) References in paragraphs 7 to 11 of this Schedule to agreements to which the transferor was a party and to statutory provisions include in particular references to agreements to which the transferor became a party by virtue of the Act of 1962 and statutory provisions which applied to the transferor by virtue of that Act.

• (2) The provisions of the said paragraphs 7 to 11 shall have effect for the interpretation of agreements, statutory provisions and other instruments subject to the context, and shall not apply where the context otherwise requires.

Third parties affected by vesting provisions

13

• (1) Without prejudice to the provisions of paragraphs 7 to 12 of this Schedule, any transaction effected between a transferor and a transferee in pursuance of paragraph 1(5) or of a direction under paragraph 1(7) of this Schedule shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person.

• (2) It shall be the duty of the transferor and transferee, if they effect any transaction in pursuance of the said paragraph 1(5) or a direction under the said paragraph 1(7), to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the transferor and as to part by or against the transferee, and if such a person applies to the Minister and satisfies him that the transaction operated unfairly against him the Minister may give such directions to the transferor and the transferee as appear to him appropriate for varying the transaction.

• (3) If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule the rights or liabilities of any person other than one of the Boards or new authorities or a wholly-owned subsidiary thereof which were enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee, and the value of any property or interest of that person is thereby diminished, such compensation as may be just shall be paid to that person by the transferor, the transferee or both, and any dispute as to whether and if so how much compensation is so payable, or as to the person to whom it shall be paid, shall be referred to and determined by an arbitrator appointed by the Lord Chancellor or, where the proceedings are to be held in Scotland, by an arbiter appointed by the Lord President of the Court of Session.

• (4) Where the transferor or the transferee under a transfer to which this Schedule applies purports by any conveyance or transfer to transfer to some person other than one of the Boards or new authorities or a wholly-owned subsidiary thereof for consideration any land or any other property which before the transfer date belonged to the transferor, or which is an interest in property which before that date belonged to the transferor, the conveyance or transfer shall be as effective as if both the transferor and the transferee had been parties thereto and had thereby conveyed or transferred all their interest in the property conveyed or transferred.

• (5) If at any stage of any court proceedings to which the transferor or transferee under a transfer to which this Schedule applies and a person other than one of the Boards or new authorities or a wholly-owned subsidiary thereof are parties, it appears to the court that the issues in the proceedings depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor and the transferee have not yet effected, or to raise a question of construction on the relevant provisions of this Act which would not arise if the transferor and the transferee constituted a single person, the court may, if it thinks fit on the application of a party to the proceedings other than such a body as aforesaid, hear and determine the proceedings on the footing that such one of the transferor and the transferee as is a party to the proceedings represents and is answerable for the other of them, and that the transferor and the transferee constitute a single person, and any judgment or order given by the courts, shall bind both the transferor and the transferee accordingly.

• (6) It shall be the duty of the transferor and the transferee under any transfer to which this Schedule applies to keep one another informed of any case where either of them may be prejudiced by sub-paragraph (4) or (5) of this paragraph, and if either the transferor or the transferee claims that he has been so prejudiced and that the other of them ought to indemnify or make a payment to him on that account and has unreasonably failed to meet that claim, he may refer the matter to the Minister for determination by the Minister.

SCHEDULE 5

Part I

The Authority

1

The Authority established for a designated area under an order made under section 9(1) of this Act shall consist of—

• (a) such number of members appointed respectively by such of the councils of constituent areas, or by such two or more of those councils acting jointly, as may be specified in the order;

• (b) such number of members not exceeding one-sixth of the aggregate number of the members appointed under sub-paragraph (a) of this paragraph as the Minister may see fit to appoint from among persons appearing to him to have special knowledge or experience which would be of value to the Authority in the exercise of their functions;

and the chairman of the Authority shall be such one of their number as the members of the Authority may with the approval of the Minister appoint.

2

If and to such extent as it appears to him appropriate so to do, the Minister may, in determining the council or councils by whom members of the Authority are to be appointed under paragraph 1(a) of this Part of this Schedule, take into account the product of a rate of one new penny in the pound for so much of the respective areas of the councils of constituent areas as falls within the designated area.

3

A person may be appointed as a member of the Authority for a designated area under the said paragraph 1(a) whether or not he is a member of the council or one of the councils by whom he is so appointed; but no person who is for the time being a member, officer or servant of the Executive for that designated area or who is for the time being a servant of a subsidiary of that Executive shall be appointed as a member of the Authority, and any person appointed to be a member of the Authority who subsequently becomes a member, officer or servant of that Executive or a servant of such a subsidiary shall forthwith vacate his membership of the Authority.

4

A person who at the date of his appointment as a member of the Authority under the said paragraph 1(a) was a member of the council or one of the councils by whom he was so appointed but who subsequently ceases to be a member of that council shall upon so ceasing also vacate office as a member of the Authority but shall be eligible for re-appointment.

5

If at any time not less than three months after the coming into force of the order under section 9(1) of this Act providing for the establishment of the Authority, or after a vacancy has arisen among the members of the Authority which falls to be filled by an appointment made under the said paragraph 1(a), the initial appointment of any member of the Authority falling to be made as aforesaid, or, as the case may be, an appointment to fill that vacancy, has not been made, the Minister, after consultation with the council or councils by whom the appointment falls to be made, may himself make the appointment on their behalf.

Part II

The Executive

1

The first persons to be appointed as the Director General or other members of the Executive for a designated area shall be appointed by the Authority for that area as soon as practicable after the establishment of that Authority.area has been designated.

2

No person who is for the time being a member of the Authority for the integrated transport area or, as the case may be, the combined authority area , the combined county authority area or the passenger transport area shall be appointed as a member of the Executive, and any person appointed to be a member of the Executive who subsequently becomes a member of the Authority for the integrated transport area or, as the case may be, the combined authority area , the combined county authority area or the passenger transport area shall forthwith vacate his membership of the Executive.

3

• (1) Subject to paragraph 2 of this Part of this Schedule a member of the Executive shall hold and vacate his office in accordance with the terms of his appointment by the Authority and shall, on ceasing to be a member, be eligible for reappointment.

• (2) Any member of the Executive may at any time by notice in writing to the Authority resign his office.

4

The Executive shall pay to or in respect of the members thereof such remuneration, allowances and pensions as the Authority may determine.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III

Matters which may be dealt with by order under s. 9(1)

1

The fixing and notification of the dates on which the Authority and Executive respectively aredate on which the Executive is to be established.

2

The incorporation of the Authority.

3

The appointment—

• (a) in accordance with Part I of this Schedule of members of the Authority; and

• (b) by the Authority in accordance with section 9(1)(b)section 9(2) of this Act and Part II of this Schedule of members of the Executive.

4

The terms on which and period for which the members of the Authority are to hold office, and the vacation of office by those members.

5

The payment of allowances to, or to any class of, members of the Authority, and the payment of remuneration to the chairman of the Authority.

6

The proceedings of the Authority and the Executive respectively.

7

The establishment by the Authority and the Executive respectively of committees and the composition of those committees, including the establishment of advisory committees consisting wholly or partly of persons who are not members of the Authority or Executive.

8

The delegation of functions by the Authority or the Executive to a committee or to the chairman of the Authority or, as the case may be, the Director General of the Executive.

9

The authentication of documents of the Authority and the Executive respectively and provision for the treatment of such documents as evidence, and in Scotland sufficient evidence, of such facts as may be specified by the order.

10

The appointment by, or provision by the Executive for, the Authority of officers and servants, and the payment of remuneration and allowances to any officers and servants appointed by the Authority.

11

Provision—

• (a) for treating the Authority or any subsidiary of the Executive for the purposes of pensions to or in respect of persons who are or have been employed by them as if they were the Executive for an integrated transport area , a combined authority area , a combined county authority area or a designatedpassenger transport area;

• (b) as to the fund in the benefits of which any persons who are or have been employed by the Authority the Executive or a subsidiary of the Executive are to be entitled to participate;

• (c) for the transfer to the authority administering that fund in relation to any such persons, instead of to the Executive, of any other fund in the benefits of which those persons are entitled to participate which would otherwise fall to be transferred to the Executive by an order under section 17 of this Act.

12

The provision of accommodation for the Authority by the Authority or by the Executive.

13

Provision applying, with or without modifications, to the Authority or the Executive, or to persons who are or have been members of the Authority or the Executive, or officers or servants of the Authority, the Executive or any subsidiary of the Executive, any enactment or instrument made under an enactment relating, as the case may be, to, or to persons who are or have been members of, or officers or servants of, local authorities or local authorities of a particular description.

14

The making of reports and the furnishing of information by the Authority and Executive to the Minister.

15

Any particular matters to be dealt with in the annual report of the Authority and the Executive under section 16 of this Act.

16

Provision for the person or persons by whom a member of the Authority is appointed to appoint also a deputy to act in that member’s place at any meeting of the Authority from which that member is absent, and for applying in relation to any such deputy, with or without modifications, any provision with respect to members of the Authority made by this Act or by the order.

17

Provision, as respects any period before the Authority appoint or are provided with their own officers and servants, for the discharge of functions of officers or servants of the Authority (including the convening of the first meeting of the Authority) by such officers or servants of such of the councils of constituent areas as may be determined in accordance with the order.

SCHEDULE 6

Introductory

1

The provisions of this Schedule shall have effect with respect to a designated area upon the appointment of a date in relation to that area under section 19(1) of this Act; and in this Schedule—

• " the appointed date " means the date appointed as aforesaid in relation to the designated area in question ;

• " existing operator " means a person who immediately before the appointed date was providing an area bus service in that area, not being a subsidiary of the Executive ;

• " existing service " means that area bus service ;

• " prescribed " means prescribed by regulations under section 21(5) of this Act;

• " the relevant road service licence " means the road service licence under which as granted, or, as the case may require, under which as backed under section 137 of the Act of 1960, the existing service was provided immediately before the appointed date.

Right to consent for continuance of existing service

2

If an existing operator applies to the Executive within the prescribed period and in the prescribed manner for the Executive's consent under this Schedule to the continuance by that operator of an existing service, the Executive shall, subject to paragraphs 3 and 14 of this Schedule, grant that consent and attach thereto the like conditions (and no others) as were attached to the relevant road service licence so far as those conditions relate to the carriage of persons who are both taken up and set down in the designated area in question.

3

Subject to paragraph 8 of this Schedule, the Executive may refuse an application under paragraph 2 thereof if the applicant has, during the period of six months ending with the appointed date, contravened any condition attached to the relevant road service licence.

4

Notwithstanding anything in section 19(2) of this Act, an existing operator who has duly applied for a consent under this Schedule in respect of any existing service may continue to provide that service as if the order under section 19(1) of this Act had not been made for any period—

• (a) before he is notified of the grant or refusal of the consent; or

• (b) while he is entitled under paragraph 9 of this Schedule to appeal against any condition attached to the consent or, if the consent is refused, against the refusal; or

• (c) if such an appeal has been duly made, before the appeal is determined or withdrawn.

Variation of conditions

5

The Executive—

• (a) shall not unreasonably refuse any application by an existing operator for the variation of a condition attached to a consent granted under this Schedule ; and

• (b) may at any time without any such application by notice in writing to the operator make any reasonable variation of any such condition;

but no such variation shall be made which affects the carriage of persons other than persons who are both taken up and set down in the designated area in question.

Transfer of consent

6

• (1) Subject to sub-paragraph (4) of this paragraph, while a consent under this Schedule in respect of an existing service remains in force, the Executive shall on the application of any successor in title to the undertaking of the existing operator concerned so far as it consists of the provision of that service grant the like consent to that successor in title.

• (2) Where a consent has been granted under sub-paragraph (1) of this paragraph to a successor in title of an existing operator, any reference in paragraph 4, 5, 8, 9, 10 or 14 of this Schedule to the existing operator shall be construed as including a reference to that successor in tide.

• (3) As from the date when an application under sub-paragraph (1) of this paragraph is made by a successor in title of an existing operator in relation to any consent granted under this Schedule in respect of an existing service, any reference in the said paragraph 4, 5, 8, 9, 10 or 14 to the existing operator shall, subject to sub-paragraph (4) of this paragraph, be construed as including a reference to that successor in title.

• (4) Where a consent under this Schedule in respect of an existing service is in force but a notice of revocation thereof has been given under paragraph 10(1) of this Schedule, that notice shall apply to any like consent applied for under this paragraph in respect of that service as it applies to the existing consent and as if the notice had been served on the applicant as well as on the holder of the existing consent.

Revocation of consent

7

Subject to paragraph 8 of this Schedule, a consent granted under this Schedule may be revoked at any time by the Executive—

• (a) on the ground that any condition attached to the consent has been contravened ; or

• (b) on there coming to the notice of the Executive a contravenetion of a condition attached to the relevant road service licence which was not known to the Executive when the consent was granted,

but, save in accordance with paragraph 10 of this Schedule, shall not be revoked on any other ground.

Limitation on power to refuse or revoke consent

8

The Executive shall not refuse a consent under paragraph 3 of this Schedule or revoke a consent under paragraph 7 thereof unless, owing to the frequency of the breach of conditions on the part of the existing operator, or to the breach having been committed wilfully, or to the danger to the public involved in the breach, the Executive are satisfied that the consent should be refused or revoked.

Appeals

9

• (1) An existing operator who is aggrieved by—

• (a) any condition attached to a consent under paragraph 2 of this Schedule ; or

• (b) a refusal of a consent under paragraph 3 of this Schedule ; or

• (c) the refusal of an application under paragraph 5(a) of this Schedule; or

• (d) any variation of a condition under paragraph 5(b) of this Schedule; or

• (e) the failure to grant a consent under paragraph 6 of this Schedule ; or

• (f) the revocation of a consent under paragraph 7 of this Schedule,

may, within the prescribed period and in the prescribed manner, appeal to the traffic commissioners by whom the relevant road service licence was granted or, as the case may require, backed who may make such order as they think fit which shall be binding on the Executive.

• (2) Any variation under paragraph 5(b) of this Schedule of a condition attached to a consent, and any revocation of a consent under paragraph 7 of this Schedule, shall not take effect until the expiration of the period prescribed for appealing against that variation or revocation or, if such an appeal is duly made, until the appeal is determined or withdrawn.

Conditional right to revoke consent

10

• (1) Notwithstanding anything in the foregoing provisions of this Schedule, but subject to sub-paragraph (2) of this paragraph, the Executive may at any time by notice in writing to the existing operator concerned revoke as from a date specified in the notice, not being less than nine months after the date of the notice, any consent granted by the Executive under this Schedule; and any such notice shall specify a date, not being less than six months after the date of the Executive's notice, by which any notice by the operator under sub-paragraph (2) of this paragraph must be served on the Executive.

• (2) Where a notice under sub-paragraph (1) of this paragraph is served on any operator, the operator may at any time not later than the date specified for the purpose in the Executive's notice serve on the Executive a notice in writing either—

• (a) requiring the Executive to pay to the operator compensation computed in accordance with paragraph 11 of this Schedule in respect of—

• (i) any diminution in the value of the assets of the operator's relevant business ; and

• (ii) any expenditure, other than payment of income tax (including surtax), capital gains tax or corporation tax, incurred in winding up his relevant business or any part thereof,

which the operator shows to be attributable to the revocation ; or

• (b) requiring the Executive to purchase the operator's relevant business at a price computed in accordance with paragraph 12 of this Schedule ;

and, subject to any modification agreed between the operator and the Executive, the Executive shall comply with any such requirement duly made.

• (3) In this paragraph and the said paragraphs 11 and 12—

• " assets " means assets of any description and, subject to the provisions of the said paragraph 12, includes goodwill;

• " relevant business " in relation to an operator means so much of a business or undertaking of the operator as relates to the provision of road passenger transport services.

11

• (1) The amount of compensation payable in pursuance of a requirement under paragraph 10(2)(a) of this Schedule in respect of the diminution in value of the assets of the operator's relevant business shall be an amount equal to the difference between their market value immediately before the revocation in question and their market value immediately after that revocation.

• (2) No compensation shall be paid in pursuance of such a requirement as aforesaid in respect of any expenditure incurred in winding up the whole or part of the operator's relevant business in so far as that expenditure is taken into account in computing the amount of compensation payable to him under sub-paragraph (1) of this paragraph.

• (3) In this paragraph " market value ", in relation to any assets, means the amount which they would have fetched if sold in the open market by a willing seller to a willing buyer.

12

The price payable for an operator's relevant business in pursuance of a requirement under paragraph 10(2)(b) of this Schedule shall be the sum (not being less than the amount, if any, by which the value of the assets comprised therein, other than goodwill, exceeds the aggregate of the liabilities of that business) which the relevant business might have been expected to realise if—

• (a) the consent in question had not been revoked ; and

• (b) the relevant business had been sold as a going concern on the date when the revocation took effect in the open market by a willing seller to a willing buyer.

13

• (1) The amount of any compensation in pursuance of a requirement under sub-paragraph (a), or the price of any purchase in pursuance of a requirement under sub-paragraph (b), of paragraph 10(2) of this Schedule, if not agreed between the Executive and the operator within six months of the service by the operator of his notice under the said paragraph 10(2), shall be determined by an arbitrator (or in Scotland an arbiter) appointed on the application of either party by the Minister.

• (2) Where any such amount or price falls to be determined in Scotland by an arbiter—

• (a) the arbiter shall have the like powers for securing the attendance of witnesses and the production of documents, and with regard to the swearing of witnesses on oath and the awarding of expenses, as if the arbitration were under a submission ;

• (b) the arbiter may, and if so directed by the Court of Session shall, state a case for the opinion of that Court on any question of law arising in the proceedings ; and

• (c) any award of the arbiter may be recorded in the Books of Council and Session for execution, and may be enforced accordingly.

Nullification of consent

14

An existing operator shall not be entitled to the grant by the Executive of a consent under this Schedule with respect to any existing service if the operator has entered into an agreement with the Executive with respect to that service under section 19(2) of this Act; and where an existing operator has entered into such an agreement with the Executive with respect to any existing service, any consent with respect to that service granted to that operator by the Executive under this Schedule shall be of no effect.

Variation of route of existing service

15

Where, in the case of any existing service in respect of which a consent under this Schedule is in force, the route authorised for that service by the relevant road service licence becomes impracticable but a variation of a minor nature only in that route would enable that service to be continued in substantially the same form, paragraph 5 and paragraph 9(1)(c) and (d) of this Schedule shall apply to that variation as if it were a variation of a condition attached to the consent, but as if—

• (a) in the said paragraph 5 the words from " but " onwards, and

• (b) sub-paragraph (2) of the said paragraph 9,

were omitted; and any reference in this Schedule to an existing service shall be construed as a reference to that service with any variation thereof by virtue of this paragraph.

SCHEDULE 7

SCHEDULE 8

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Classes of licences

1

There shall be such classes of transport manager's licences as may be prescribed.

Issue of licences

2

• (1) An application for a transport manager's licence shall be made to the licensing authority for the area in which the applicant resides or, if he does not reside in any area for which there is a licensing authority, to the licensing authority for the Metropolitan Traffic Area.

• (2) A person applying for a transport manager's licence shall give to the licensing authority, in such form as the authority may require, such information as the authority may reasonably require for the discharge of his duties in relation to the application, and in particular such information as he may require with respect to the following matters—

• (a) the previous experience (if any) of the applicant in connection with the operation or maintenance of vehicles of any description and the capacity in which that experience was gained;

• (b) any transport manager's licence previously held by the applicant and any revocation or suspension of that licence ;

• (c) any disqualification imposed on the applicant under paragraph 4(3) of this Schedule ;

• (d) any position carrying direct responsibility for the operation and maintenance of goods vehicles which the applicant holds or has been offered.

• (3) On an application for a transport manager's licence the licensing authority shall consider whether the following requirements are satisfied in the case of the applicant, that is to say—

• (a) that he is a fit person to hold a transport manager's licence ;

• (b) that he has such qualifications, experience and knowledge as may be prescribed in relation to the class of licence applied for; and

• (c) unless he is exempted from this paragraph by regulations, that he has at some time during the period of ten years ending with the date of the application passed the test prescribed in relation to that class of licence or held a transport manager's licence of that class ;

and, if the licensing authority is of opinion that those requirements are so satisfied, he shall, subject to sub-paragraph (4) of this paragraph, grant the licence applied for.

• (4) Until provision is made by regulations in relation to any class of licence for the test mentioned in paragraph (c) of the last foregoing sub-paragraph—

• (a) that sub-paragraph shall have effect in relation to any application for a licence of that class as if the said paragraph (c) were omitted ; and

• (b) the licensing authority may refuse to grant such a licence unless the applicant holds, or is entitled under a contract to take up, a position carrying direct responsibility for the operation and maintenance of goods vehicles.

• (5) In this paragraph references to responsibility for the operation of any vehicles include (without prejudice to the generality of that expression) references to responsibility for securing that the drivers of the vehicles are properly licensed and comply with Part VI of this Act or, so long as those sections remain in force, sections 73 and 186 of the Act of 1960.

Duration of licences

3

• (1) Subject to sub-paragraph (2) of this paragraph, a transport manager's licence shall, unless previously revoked, continue in force for five years from the date on which it is expressed to come into force.

• (2) If at the date on which such a licence is due to expire, proceedings are pending before the licensing authority on an application by the holder of that licence for the grant to him of a new licence in substitution therefor, the existing licence shall continue in force until—

• (a) the application ; and