Transport Act 1968

• (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

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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

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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

• (b) any appeal under paragraph 5 of this Schedule arising out of the application,

are disposed of, without prejudice however to the exercise in the meantime of the powers conferred by paragraph 4 of this Schedule.

Revocation and suspension

4

• (1) Subject to the provisions of this paragraph, any licensing authority may direct that a transport manager's licence be revoked or suspended on the ground that the holder of the licence—

• (a) has been convicted of an offence specified in regulations : or

• (b) has by his act or omission contributed to the giving of a direction under section 69 of this Act in relation to an operator's licence held by him, by a person in whose employment he is, by a company of which he is a director or by a person in partnership with whom he operated the authorised vehicles ;

and during any time of suspension the transport manager's licence shall be of no effect.

• (2) A licensing authority shall not give a direction under sub-paragraph (1) of this paragraph in respect of any licence unless he is satisfied that, owing to the frequency with which the holder of the licence has been guilty of offences, acts or omissions which are grounds for the giving of such a direction or to the facts of the particular case being for any other reason sufficiently serious, such a direction should be given.

• (3) Where a licensing authority directs that a transport manager's licence be revoked the authority may order the person who was the holder thereof to be disqualified, indefinitely or for such period as the authority thinks fit or until he has, since the date of the order, passed the appropriate test mentioned in paragraph 2(3)(c) of this Schedule, from holding or obtaining any, or any specified class of, transport manager's licence ; and so long as the disqualification is in force—

• (a) notwithstanding anything in paragraph 2 of this Schedule, no transport manager's licence or, as the case may be, no such licence of the specified class shall be granted to him and any such licence obtained by him shall be of no effect; and

• (b) if he applies for or obtains such a licence he shall be liable on summary conviction to a fine not exceeding £50.

• (4) A licensing authority who has made an order under sub-paragraph (3) of this paragraph may, in such circumstances as may be prescribed, cancel that order.

• (5) A licensing authority shall not exercise any of his powers under sub-paragraph (1) or (3) of this paragraph in respect of any licence or the holder of any licence without first holding an inquiry, if the holder of the licence requests him to do so.

• (6) A licensing authority may direct that any direction or order given or made by him under sub-paragraph (1) or (3) of this paragraph shall not take effect until the expiration of the time within which an appeal may be made to the Transport Tribunal against the direction or order and, if such an appeal is made, until the appeal has been disposed of; and if the licensing authority refuses to give a direction under this sub-paragraph the holder of the licence may apply to the tribunal for such a direction, and the tribunal shall give its decision on the application within fourteen days.

Rights of appeal

5

A person who—

• (a) being an applicant for a transport manager's licence, is aggrieved by the refusal of the application ; or

• (b) being the holder of such a licence, is aggrieved by any direction or order of a licensing authority under paragraph 4(1) or (3) of this Schedule,

may appeal to the Transport Tribunal.

Regulations

6

• (1) The Minister may make regulations for any purpose for which regulations may be made under the foregoing provisions of this Schedule and for prescribing anything which may be prescribed thereunder and generally for the purpose of carrying those provisions into effect and may, in particular, by regulations—

• (a) make provision with respect to the test mentioned in paragraph 2(3)(c) of this Schedule and, in particular, the nature of the test, the qualifications, selection, appointment and removal of the persons by whom the test may be conducted, and evidence of the results of the test;

• (b) require applicants for that test to have such qualifications, experience and knowledge as may be prescribed ;

• (c) require the payment of a fee of a prescribed amount by a person who applies for that test and provide for the repayment of any such fee in the prescribed circumstances;

• (d) provide for any question whether that test has in any particular case been properly conducted in accordance with the regulations to be determined by a magistrates' court or, in Scotland, the sheriff, and enable the court or the sheriff, on making such a determination, to exercise such powers as may be prescribed;

• (e) provide that a person submitting himself for, but failing to pass, that test shall not be eligible to submit himself for another test before the expiration of a prescribed period, except under an order made by a court or sheriff by virtue of paragraph (d) of this sub-paragraph ;

• (f) make provision for preventing a person holding more than one transport manager's licence of the same class and for facilitating the identification of holders of such licences;

• (g) make provision with respect to applications for and the issue of transport managers' licences ;

• (h) make provision with respect to the custody and production of transport managers' licences and require the return to a prescribed licensing authority of any such licence which has expired or been revoked or suspended;

• (i) provide for the issue of a new transport manager's licence in place of a licence lost or defaced on payment of the prescribed fee;

and different provision may be made by the regulations for different cases.

• (2) Any person who contravenes a provision of regulations under this paragraph, a contravention of which is declared by the regulations to be an offence, shall be liable on summary conviction to a fine not exceeding £20.

Power to modify foregoing provisions

7

• (1) The Minister may by regulations modify the foregoing provisions of this Schedule in any respect, or substitute for any of them such other provisions relating to transport managers' licences as may be specified in the regulations.

• (2) Regulations under this paragraph may make different provision for different cases and may contain such transitional and supplementary provisions as the Minister thinks necessary or expedient.

• (3) Regulations under this paragraph shall not increase any penalty specified in the foregoing provisions of this Schedule as originally enacted or create any offences other than offences punishable on summary conviction with a fine not exceeding £50 or any lesser amount specified in the regulations.

SCHEDULE 10

Part I

PART II — AMENDMENTS AS FROM APPOINTED DAY FOR PURPOSES OF S. 94(8)

SCHEDULE 11

SCHEDULE 12

Part I — Commercial Waterways

The main navigable channels of the following waterways:—

Part II — Cruising Waterways

The main navigable channels of the following waterways:—

SCHEDULE 13

Preliminary

1

• (1) Before making an order under section 104(3), 105(3) or 112 of this Act the Minister shall comply with the requirements of this Schedule applicable to that order and may then make the order as originally proposed or with such modifications as he thinks fit.

• (2) Before making an order under section 104(3), 105(3A) or 112 the Scottish Ministers shall comply with the requirements of this Schedule applicable to that order and may then make the order as originally proposed or with such modifications as they think fit and in the case of such an order any reference in this Schedule (however expressed) to the Minister is to be construed as a reference to the Scottish Ministers.

Consultation

2

• (1) In the case of a proposed order under section 104(3) adding to or reducing the waterways in Part I of Schedule 12 to this Act, the Minister shall consult with Canal & River Trust, where the waterway in respect of which the order is to be made is in England or Wales, and with any organisation appearing to him to represent persons operating, or (in relation to a waterway which is to be added) desiring to operate, commercial freight-carrying vessels on the waterway in respect of which the order is to be made.

• (2) In the case of a proposed order under section 104(3) adding to or reducing the waterways in England or Wales in Part 2 of that Schedule, the Minister shall consult with Canal & River Trust.

3

In the case of a proposed order under section 105(3)—

• (a) in respect of a commercial waterway or any part thereof, the Minister shall consult—

• (i) with any organisation appearing to him to represent persons operating commercial freight-carrying vessels on that waterway or part; ...

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

4

In the case of a proposed order under section 112 in respect of a canal or part of a canal (within the meaning of that section) which appears to the Minister to be used to a significant extent for the purpose of navigation, the Minister shall consult with any organisation appearing to him to represent persons using it as aforesaid.

Publication of proposed orders and consideration of objections

5

• (1) In the case of a proposed order under section 104(3), 105(3) or (3A) or 112 in respect of any waterway the Minister shall—

• (a) publish in the London Gazette (or, if the waterway is situated in Scotland, the Edinburgh Gazette), in a national newspaper and in one or more local newspapers circulating in the area in which the waterway is situated; and

• (b) cause to be displayed in one or more places adjacent to the waterway,

a notice containing a statement—

• (i) of the general effect of the proposed order; and

• (ii) that objections to the order can be made to him within such time (not being less than twenty-eight days) and in such manner as is specified in the notice;

and shall consider any such objection which is duly made and not withdrawn, and, if he has caused an inquiry to be held in connection with the proposed order, the report of the person holding it.

• (2) The holding of an inquiry shall be obligatory—

• (a) in connection with—

• (i) a proposed order under section 104(3) removing a waterway from Part I of Schedule 12 to this Act, or removing a waterway from Part II of that Schedule without adding it to Part I thereof;

• (ii) a proposed order under section 105(3) or (3A);

• (ii) a proposed order under section 112,

if an objection is duly made to the proposed order (and is not withdrawn) Canal & River Trust, where the waterway in respect of which the order is to be made is in England or Wales, by a local authority or Scottish Water ;authority or the National Rivers Authority

• (b) in connection with any such proposed order as aforesaid relating to a waterway which appears to the Minister to have been used to a significant extent for the purpose of navigation at the time when notice of the proposed order was published, if an objection is duly made to the proposed order (and is not withdrawn) by any organisation appearing to him to represent a substantial number of persons using it as aforesaid at that time.

• (3) In this paragraph “waterway” means, in relation to an order under section 104(3) or 105(3) or (3A), the waterway or part thereof in respect of which the order is to be made and, in relation to an order under section 112, the canal or part thereof (within the meaning of that section) in respect of which the order is to be made.

Interpretation

6

In this Schedule “cruising craft” has the meaning assigned by section 105(1)(b) of this Act.

SCHEDULE 14

PART I — Subsections to be Inserted in Section 1

PART II — Section to be Inserted after Section 26

PART III — Section to be Inserted after Section 56

PART IV — Amendments of Sections 35 to 40

1

For section 35(1) there shall be substituted the following:—

(1) Subject to sections 84A, 84B and 84C of this Act, the following authority, namely— (a) as respects any part of Greater London, the Greater London Council on the application of the local authority; (b) as respects any other area, the local authority with the consent, if they are not the highway authority for the highway in question, of that highway authority, may by order designate parking places on highways in the local authority's area for vehicles or vehicles of any class) specified in the order, and the local authority may make charges for vehicles left in any parking place so designated of such amount as is prescribed under section 36 of this Act.

2

In section 35(2), for the words " the Minister " there shall be substituted the words " the authority concerned " and for the word " he " there shall be substituted the words " that authority ".

3

In section 35(3), for the words " a local authority of their" there shall be substituted the words " any authority of ".

4

In section 35(4), after the words " London borough" there shall be inserted the words " or, in Scotland, a county council or a town council ".

5

For section 35(5) to (7) there shall be substituted the following :—

(5) If it appears to the Greater London Council, without any application being made by the local authority, that it is expedient that parking places be designated under this section on highways at any sites in Greater London, then, subject to sections 84A, 84B and 84C of this Act, they may by order designate those parking places for vehicles or vehicles of any class specified in the order, and may make charges for vehicles left in any parking place so designated of such amount as is prescribed under section 36 of this Act; and— (a) in relation to parking places designated by virtue of this subsection references in sections 36 and 37 of this Act to the local authority shall be construed as references to the Greater London Council; (b) if the Greater London Council enter into an agreement with the local authority for the transfer to the local authority of the operation of any parking place so designated, the operation thereof, and such apparatus or other things held by, and rights or liabilities of, the Greater London Council in connection with the parking place as may be specified in the agreement, shall be transferred as from such date and on such terms (including terms as to the making of payments to or by the Greater London Council) as may be so specified ; (c) from the taking effect of any such transfer of the operation of a parking place the order designating the parking place shall have effect subject to such modifications (if any) as the Greater London Council may direct, being modifications appearing to them requisite in consequence of the transfer, and the provisions of this section and sections 36, 37, 42 and 44 of this Act shall thereafter apply as if the parking place had been designated by order made on the application of the local authority. (6) Where an order has been made under paragraph (a) of subsection (1) above on the application of a local authority, an order under that paragraph by virtue of section 84D(1) of this Act varying or revoking the first-mentioned order may be made without such an application. (7) Subject to sections 84A, 84B and 84C of this Act, in any case where it appears to the authority concerned to be expedient so to do having regard to any objections duly made in respect of proposals made by that authority for a designation order or, where that authority are the Greater London Council, in respect of an application made to that Council for such an order, they may, if they think fit, make an interim order pursuant to the proposals or application in respect of any one or more of the sites affected or in respect of any part of any of those sites and postpone for further consideration the making of any further order in pursuance of the proposals or application.

6

In section 36(1), for the words from the beginning to " section 35 of this Act" there shall be substituted the words " Subject to sections 84A, 84B and 84C of this Act, the authority by whom a designation order is made shall by order prescribe any charges to be paid for vehicles left in a parking place designated by tile order ".

7

In section 36(2), for the words from the beginning to " section 35 of this Act" there shall be substituted the words " Subject to the said sections 84A, 84B and 84C, the authority by whom a designation order is made may by order make such provision as may appear to that authority to be necessary or expedient for regulating or restricting the use of any parking place designated by the order ".

8

In section 36(2)(e), for the words " of the appropriate Minister " there shall be substituted the words " relating to the parking place ".

9

In section 37(3)—

• (a) for the words from the beginning to "Minister" there shall be substituted the words " Subject to sections 84A, 84B and 84C of this Act, the authority by whom a parking place is designated under section 35 of this Act ";

• (b) for the words " a parking place designated under section 35 of this Act" and for the words " such a parking place " in both places where they occur there shall in each case be substituted the words " the parking place ".

10

In section 37(5), at the end there shall be added the words " and in this subsection the expression ' prescribed' means prescribed by order of the appropriate Minister made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the power to make an order under this subsection shall include power to make an order varying or revoking any previous order thereunder ".

11

In section 39(1), for the words "appropriate Minister considers " there shall be substituted the words " authority making the order may consider ".

PART V — Sections to be Inserted after Section 84

PART VI — Consequential Amendments

1

In each of the following provisions, namely sections 1(1), 6(1), 9(1), 28(1), 31(1), 73(3) and 74(1), at the beginning there shall be inserted the words " Subject to sections 84A, 84B and 84C of this Act ".

2

In section 1(1), for the words "this and the four next following sections" there shall be substituted the words " this section and section 5 of this Act ".

3

In section 1(3), for the words " subsection (4)" there shall be substituted the words " subsections (3A) and (4) ".

4

After section 1(8) there shall be added the following subsection :—

(9) If any local Act contains any provision extending the powers conferred by section 26 of the Road Traffic Act 1960 in the application of that section to the area of any local authority, the appropriate Minister, after consultation with that local authority, may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, repeal any provision of that local Act which appears to that Minister to be unnecessary, or make any other amendments to that local Act which appear to that Minister to be required, in consequence of the provisions of Part IX of the Transport Act 1968 ; and the power to make an order under this subsection shall include power to make an order varying or revoking any previous order thereunder.

5

In section 5(1), for the words from the beginning to "jointly" there shall be substituted the words " Without prejudice to sections 84A, 84B and 84C of this Act, section 1(5), so far as it relates to vehicles, section 1(6) and section 28(2)(a) of this Act shall not apply to any order made under the said sections 1 and 28 jointly ".

6

In section 5(3)—

• (a) for the words from the beginning to " he is " there shall be substituted the words " No authority shall make an order by virtue of subsection (1) above unless they are ";

• (b) in paragraph (c), for the word " him " there shall be substituted the words " the appropriate Minister ".

7

In section 7(2), for the words " the said section 6 " there shall be substituted the words " section 6 of this Act ".

8

In section 8(1)—

• (a) for the words from the beginning to "police and" there shall be substituted the words " Without prejudice to subsection (1) and to any regulations under subsection (4) of section 84C of this Act, before making any order under section 6 of this Act otherwise than in pursuance of a direction given by the Minister under section 84A(1) thereof, the Greater London Council (hereafter in this section referred to as " the Council") shall consult" ;

• (b) at the end there shall be added the words " and, if the order is required to be submitted to the Minister for his consent under section 84B(2) of this Act, the Council shall so consult before so submitting it. "

9

In section 9(1), for the words " this section" there shall be substituted the words " this subsection ".

10

For section 9(10) there shall be substituted the following:—

(10) Section 1(3B) or, as the case may be, section 6(4) of this Act shall apply in relation to an experimental traffic order as it applies in relation to an order under the said section 1 or 6.

11

In section 11(2), at the end there shall be added the words " but the Minister shall not give such a direction unless he is satisfied, having regard to any matters appearing to him to be relevant, that the Council's duty under section 84(1) of this Act is not being satisfactorily discharged by the Council and that the giving of the direction is necessary in order to secure compliance with that duty. "

12

In section 15(1), after the word "below" there shall be inserted the words " and to sections 84A, 84B and 84C of this Act ".

13

In section 15(4)—

• (a) for the words from the beginning to " aforesaid and " there shall be substituted the words " Without prejudice to subsection (1) and to any regulations under subsection (2) of section 84C of this Act, before making any order under subsection (1) above otherwise than in pursuance of a direction given by the Minister under section 84A(1) of this Act, the local authority ";

• (b) at the end there shall be added the words " and, if the local authority's area is situated wholly or partly within an area designated under section 9(1) of the Transport Act 1968, with the Executive for that area; and if the order is required to be submitted to the Minister for his consent under section 84B(1) of this Act, the local authority shall so consult before so submitting it. "

14

In section 20, at the end there shall be added the following subsection—

(4) The foregoing provisions of this section shall have effect subject to the provisions of any order for the time being in force under section 25 of the Civic Amenities Act 1967.

15

In section 26(1), at the beginning there shall be inserted the words " Subject to sections 84B and 84C of this Act ".

16

For section 26(5) there shall be substituted the following:—

(5) Without prejudice to section 84D of this Act, the appropriate Minister may at any time after giving notice in writing to the authority by whom an order under the foregoing provisions of this section was made, and after holding, if he thinks fit, a public inquiry, by order under this subsection, vary or revoke the authority's order.

17

In section 27, after the words " section 26 " there shall be inserted the words " or 26A ".

18

In section 33(1) at the beginning there shall be inserted the words " Subject to subsection (1A) below and to sections 84A, 84B and 84C of this Act ".

19

After section 33(1) there shall be inserted the following subsection :—

(1A) Without prejudice to subsection (1) and to any regulations under subsection (2) or (4) of section 84C of this Act, before making an order under subsection (1)(a) above otherwise than in pursuance of a direction given by the Minister under section 84A(1) of this Act, the local authority shall consult— (a) with the appropriate traffic commissioners; and (b) if the local authority's area is situated wholly or partly within an area designated under section 9(1) of the Transport Act 1968, with the Executive for that area; and, if the order is required to be submitted to the Minister for his consent under section 84B of this Act, the authority shall so consult before so submitting it.

20

In section 33(5), for the words from the beginning to " consult with " there shall be substituted the words " In this section, the expression ' the appropriate traffic commissioners' means ".

21

In section 41(1), for the words " of Schedule 4 to this Act" there shall be substituted the words " of section 84A, 84B or 84C of this Act or of any regulations made under the said section 84C ".

22

In section 42(8)—

• (a) after the words " a local authority " there shall be inserted the words " or the Greater London Council ";

• (b) for the words " for which they are the local authority" there shall be substituted the words " controlled by them ".

23

In each of sections 44(5), 52(5) and 85(2), for the words " sections 35(5) and 38" there shall be substituted the words " section 35(5) ".

24

In section 45(1)—

• (a) for the words from the beginning to " cover " there shall be substituted the words " Where by virtue of section 84A(2) of this Act a parking place has been designated under section 35 of this Act by a Minister, that Minister may make grants out of moneys provided by Parliament towards the cost of the provision and maintenance of off-street parking places, whether in the open or under cover, or for any purpose such as is mentioned in section 44(3)(d) (i) or (ii) of this Act ";

• (b) for the words " designated under section 35(5) of this Act" there shall be substituted the words " designated by him under the said section 35 ".

25

In section 52, at the end there shall be added the following subsection:—

(10) The foregoing provisions of this section shall have effect subject to the provisions of any order for the time being in force under section 25 of the Civic Amenities Act 1967

.

26

In section 53, at the end there shall be added the following subsection:—

(5) The foregoing provisions of this section shall have effect subject to the provisions of any order for the time being in force under section 25 of the Civic Amenities Act 1967

.

27

In section 67, after the sectional reference " 56 " there shall be inserted the sectional reference " 56A ".

28

In section 82(3), after the sectional reference " 26(1)" there shall be inserted the sectional reference " 26A(1) ".

29

In section 84(3), for the words from the beginning to "this Act" there shall be substituted the words " Where the Greater London Council or any other local authority are authorised or required by or under any provision of this Act to hold an inquiry for the purpose of any of their functions, any person appointed by that council or authority to hold the inquiry ".

30

In section 87, for the sectional references " 25, 26 or 80 " there shall be substituted the sectional references " 25, 80 or 84C ".

31

In section 94(1) after the sectional reference " 26(6) " there shall be inserted the sectional reference " 26A(5) ".

32

In Schedule 8, in paragraph 7, for the words from the beginning to " sub-paragraph (a) above " there shall be substituted the words " References in any order made by the Minister under section 7(4) of the Roads Act 1920 ".

33

In Schedule 8, at the end there shall be added the following new paragraphs:—

(14) Any order made or having effect as if made by any Minister under this Act as originally enacted, being an order made under a power which, apart from section 84A(2) of this Act, is as a result of the provisions of Part IX of the Transport Act 1968 no longer exercisable by that Minister, shall continue in force as if made by virtue of the said section 84A(2) in exercise of the power of the Greater London Council or some other local authority to make an order for the like purpose after that date conferred on that Council or other authority by this Act as amended by the said Part IX. (15) Where any provision of this Act as originally enacted which conferred a power to make orders is repealed by the Transport Act 1968, any order made or having effect as if made in pursuance of that power and in force immediately before the date of the repeal shall continue in force as if made in pursuance of the corresponding power conferred by this Act as amended by that Act. (16) Subject to paragraph 17 of this Schedule, anything begun or falling to be treated as having been begun under this Act before the date of the coming into force of, or of any relevant instrument made under, any relevant provision of Part IX of the Transport Act 1968, so far as not completed before that date, may be continued and completed in accordance as nearly as may be with the provisions of, or of any relevant instrument made under, this Act as amended by any relevant provision of that Act. (17) (1) Where an order under any provision of this Act as originally enacted does, but the like order under that provision as amended by the Transport Act 1968 does not, require the confirmation or consent of the appropriate Minister, and at the date when that amendment comes into force— (a) an application has been made to the appropriate Minister for his confirmation, or, as the case may be, for his consent to the making, of such an order ; or (b) notice of a proposal to make such an order has been published stating that objections may be made to the appropriate Minister, and in either case that Minister has not yet given or refused his confirmation of or consent to the order, then, without prejudice to the right of the authority so submitting the order or proposals to withdraw their application for that Minister's confirmation or consent, that order shall not be brought into force or, as the case may be, made except with the consent of that Minister. (2) The appropriate Minister may make regulations as respects any order requiring his consent under this paragraph for any of the like purposes as those for which regulations are required or authorised to be made under section 84C (2) or (4) of this Act and for regulating the procedure to be followed in connection with any such withdrawal of an application as aforesaid and subsection (4) of section 84B of this Act shall apply to any order submitted to the appropriate Minister for his consent under this paragraph as it applies to an order so submitted under that section. (3) In relation to an order under section 15 or 33 of this Act, references in this paragraph to the appropriate Minister shall, notwithstanding anything in section 104(1) or section 108 of this Act, be construed as references to the Minister of Transport. (18) Where any order made or having effect as if made under section 35 or 36 of this Act includes any provision made by virtue of section 26 of the Greater London Council (General Powers) Act 1967, that provision shall continue to have effect as if made by virtue of the said sections 35 and 36 as amended by section 127 of the Transport Act 1968.

SCHEDULE 15

PART I

The Council

1

The Council shall be a body corporate with perpetual succession and a common seal.

2

The Council shall consist of not less than four nor more than six members appointed by the Minister, and the Minister shall appoint one of those members to be chairman and another of those members to be deputy chairman of the Council.

3

• (1) Each member of the Council shall hold and vacate office in accordance with the terms of his appointment, but notwithstanding anything in those terms he may at any time resign his office by notice in writing to the Minister.

• (2) A person who has held office as a member of the Council shall be eligible for reappointment.

4

• (1) The Council—

• (a) shall pay to a person holding office as chairman, deputy chairman or other member of the Council such remuneration in respect of that office as the Minister may, with the approval of the Treasury, determine and such reasonable allowances as may be so determined in respect of expenses properly incurred by that person in the performance of his functions;

• (b) in the case of such members as the Minister may, with the approval of the Treasury, determine, shall pay such pensions or make such payments towards the provision of pensions to or in respect of those members as he may with the like approval determine in the case of those members respectively.

• (2) The Minister shall, as soon as possible after appointing any person to the office of chairman, deputy chairman or other member of the Council, lay before each House of Parliament a statement of the remuneration that is or will be payable to that person under sub-paragraph (1) of this paragraph; and, if a subsequent determination by him under that sub-paragraph involves a departure from the terms of the said statement, or if a determination by him under that sub-paragraph relates to the payment of, or to payments towards the provision of, a pension to or in respect of a member of the Council, the Minister shall as soon as possible after the determination lay a statement thereof before each House of Parliament.

5

The Council may act notwithstanding a vacancy amongst their members, and no act of the Council shall be deemed to be invalid by reason only of a defect in the appointment of any of their members.

6

In the case of an equality of votes at a meeting of the Council the chairman of the meeting shall have a second or casting vote.

7

Subject to the foregoing provisions of this Schedule and to any directions given from time to time by the Minister, the Council may determine their own quorum and procedure.

8

• (1) Subject to any directions given from time to time by the Minister, the Council shall appoint a secretary and may appoint such other officers, and such servants, as the Council may determine.

• (2) The Council shall—

• (a) pay to their officers and servants such remuneration as they may determine, and

• (b) as regards any officers or servants in whose case it may be determined by the Council with the approval of the Minister so to do, pay such pensions, or make such payments towards the provision of pensions, to or in respect of them, or provide and maintain for them such pension schemes (whether contributory or not), as may be so determined.

9

The application of the seal of the Council shall be authenticated by the signature of the secretary of the Council or some other person authorised by the Council, either generally or specially, to act for that purpose.

PART II

Borrowing powers and accounts of Council

10

• (1) The Council may borrow from the Minister, but not from any other person, such sums as the Council may require for meeting their obligations or discharging their functions under section 143 of this Act.

• (2) Any loans by the Minister under this paragraph shall be made out of moneys provided by Parliament: and any such loans shall be repaid to the Minister at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may with the approval of the Treasury from time to time direct.

• (3) Any sums received by the Minister under this paragraph shall be paid into the Consolidated Fund.

11

The Council—

• (a) shall cause proper accounts and other records in relation thereto to be kept, and

• (b) shall prepare an annual statement of accounts in respect of such accounting period, in such form, and containing such particulars, compiled in such manner, as the Minister may from time to time direct with the approval of the Treasury.

12

• (1) The accounts of the Council shall be audited by an auditor or auditors appointed annually by the Minister; and any auditor so appointed shall be entitled to require from any officer of the Council such books, deeds, contracts, accounts, vouchers, receipts and other documents, and such information and explanations, as may be necessary for the performance of his duties.

• (2) A person shall not be appointed auditor as aforesaid unless he is a member, or is a firm in Scotland each of the partners wherein is a member, of one or more of the following bodies, namely—

• the Institute of Chartered Accountants in England and Wales;

• the Institute of Chartered Accountants of Scotland ;

• the Association of Certificated and Corporate Accountants;

• the Institute of Chartered Accountants in Ireland ;

• any other body of accountants established in the United Kingdom and for the time being recognised for the purpose of section 161(1)(a) of the Companies Act 1948 by the Board of Trade.

13

So soon as the accounts of the Council have been audited as aforesaid, the Council shall send to the Minister, and the Minister shall cause to be laid before Parliament, a copy of the statement of accounts referred to in paragraph 11(b) of this Schedule, together with a copy of the report made by the auditor or auditors on that statement.

SCHEDULE 16

1

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

2

In the Regulation of Railways Act 1871, references to a railway company or a company as defined by that Act shall include references to the Freight Corporation.

3

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

4

• (1) The power to make bylaws conferred by subsection 2 of section 67 of the Act of 1962 shall be exercisable ... by the Railways Board ....

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

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

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

• (5) For the purposes of the said section 67, railways, railway premises, or officers and servants of, or ships (or hovercraft) operated by, a wholly owned subsidiary of the Railways Board ... ... shall be deemed to be railways, railway premises, or officers and servants of, or ships (or hovercraft) operated by, that Board ... ....

5

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The Railways Board may make an agreement with the Scottish Group for making available to that Group or to any wholly-owned subsidiary of that Group for such period, to such extent and on such terms as may be specified in the agreement, the services of the British Transport Police Force, that is to say, the force organised under the scheme set out in the Schedule to the British Transport Police Force Scheme 1963 (Approval) Order 1964 made under section 69 of the Act of 1962.

• (3) Where such an agreement has been made members of the said Police Force may act, in accordance with the terms of the agreement, as constables in, on and in the vicinity of any premises of the Scottish Group or, as the case may be, the subsidiary in question notwithstanding the provisions of section 53(1) of the British Transport Commission Act 1949 (which restricts them to so acting in, on and in the vicinity of premises belonging to, leased to or worked by one of the Boards).

• (4) The Minister, after consultation with the Boards and the Scottish Group, may by order make such adaptations in the said scheme and in sections 69 to 71 of the Act of 1962 as appear to him expedient to enable that scheme and those sections to have effect as respects any period after the making of the order as if that Group were one of the Boards.

6

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

7

• (1) The references to be substituted—

• (a) as mentioned in Part I of Schedule 2 to the Act of 1962 in the provisions specified in sub-paragraph (2) of this paragraph; or

• (b) as mentioned in Part III of that Schedule in the provisions specified in sub-paragraph (3) of this paragraph,

shall in each case include a reference. . . to any wholly-owned subsidiary. . . of any of the Boards.

• (2) The provisions referred to in sub-paragraph (1)(a) of this paragraph are—

• (a) section 41(3) of the Criminal Justice Act 1948;

• (b) section 22 of the Diseases of Animals Act 1950;

• (c) section 13(1) of the Transport Charges (Miscellaneous Provisions) Act 1954;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The provisions referred to in sub-paragraph (1)(b) of this paragraph are—

• (a) sections 54, 55, 56 and 57 of the British Transport Commission Act 1949;

• (b) section 18 in the Schedule to the British Transport Commission Order Confirmation Act 1953;

• (c) section 52 of the British Transport Commission Act 1953;

• (d) section 24 of the British Transport Commission Act 1954.

• (4) In section 23 of the British Railways Act 1964 (which provides for the aforesaid section 54 of the British Transport Commission Act 1949 to continue in force in its application to the Railways Board) and in any enactment passed after this Act which provides for the said section 54 so to continue in force for a further period, the reference to the Railways Board shall be construed as a reference to the Railways Board, the Freight Corporation and any wholly-owned subsidiary of that Board or Corporation.

8

• (1) In the Harbours Act 1964—

• (a) in section 30(1), for paragraph (b) there shall be substituted the following:—

(b) by virtue of section 43 of the Transport Act 1962 by any of the Boards at a harbour which, in the exercise and performance of statutory powers and duties, that Board are engaged in improving, maintaining or managing, except where the Board in question are the British Transport Docks Board, the British Railways Board or the British Waterways Board and the harbour in question is not specified in Schedule 9 to that Act

;

• (b) in section 30(4) the words “(other than any of the Boards)” and the words from “or by” to “1962” shall cease to have effect;

• (c) in section 36(a) for the words “any of the Boards” there shall be substituted the words “ the British Transport Docks Board, the British Railways Board or the British Waterways Board ”;

• (d) in section 57(1)—

• (i) at the end of the definition of “the Boards” there shall be added the words “ and includes the National Freight Corporation, the Scottish Transport Group and any subsidiary within the meaning of the Transport Act 1968 of any of those Boards or of that Corporation or Group ”;