Transport Act 1962

The Railways BoardU.K.

3 Duty and powers of Railways Board.U.K.

(1)It shall be the duty of the Railways Board in the exercise of their powers under this Act to provide railway services in Great Britain and, in connection with the provision of railway services, to provide such other services and facilities as appear to the Board to be expedient, and to have due regard, as respects all those railway and other services and facilities, to efficiency, economy and safety of operation.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)Subject to this Act, the Railways Board shall have power—

[F2(a)to carry goods and passengers by rail within, to or from Great Britain,

(aa)to carry goods and passengers by rail between places outside Great Britain in so far as they consider it expedient to do so in connection with the exercise of their powers under paragraph (a) above,]

[F3(b)in the circumstances specified in sections 4 and 4A of this Act respectively, to carry goods by road and to secure the provision by other persons of services for the carriage of passengers by road]

(c)to operate the harbours owned or managed by the Railways Board, and to provide port facilities at those harbours,

(d)to consign goods on behalf of other persons from any place in Great Britain, or from any place to which the Railways Board have themselves carried the goods in question to any other place, whether in Great Britain or elsewhere,

(e)to store within Great Britain goods which have been or are to be carried by the Railways Board, and, so far as any premises provided for the purposes of that or any other part of their business are not required for those purposes, to use them to provide facilities for the storage of other goods,

(f)to enter into and carry out agreements—

(i)with carriers outside Great Britain for the through carriage of goods and passengers under one contract or at a through charge or in the same vehicles or containers, and

(ii)with any person engaged in coastal shipping for co-ordinating the activities of that person with those of the Board, and in particular for facilitating the through carriage of goods, for the quoting of through rates and for the pooling of receipts or expenses.

[F4(g)to do anything which appears to the Board to be expedient for the purposes of or in connection with the provision by the Board of railway services outside Great Britain.]

(4)Subsections (1) and (2) of this section shall not be construed as imposing, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject.

4 Railways Board’s road services. U.K.

(1)Subject to this section, the Railways Board shall have power—

(a)to provide transport services by road—

(i)for the carriage of goods which have been or are to be carried by rail or water by the Railways Board, and

(ii)for the carriage of goods where a railway service has been temporarily interrupted, . . . F5

(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

and to carry goods . . . F6 by those services;

(b)to exercise [F7in relation to the carriage of goods by road] the powers conferred by the Railway Road Transport Acts of 1928 (which relate to the provision of road transport services).

(2)The Railways Board shall not in exercise of the powers conferred by the said Acts of 1928 without the consent of the Minister—

(a), (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(c)carry any goods by road for hire or reward.

(3), (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(6)Except as provided by this section the Railways Board shall not have power to provide services for the transport of goods . . . F11 by road.

(7)In this section “the Railway Road Transport Acts of 1928” has the meaning assigned by paragraph 1 of Part II of the Second Schedule to this Act.

[F124ARailways Board’s road passenger transport services.U.K.

(1)Subject to this section, the Railways Board shall have power to secure the provision by other persons of services for the carriage of passengers by road where a railway service has been temporarily interrupted, or has been discontinued.

(2)The route (and stopping places) of any such service provided where a railway service has been discontinued need not correspond precisely with the route of the discontinued service (even where it is practicable to do so), so long as the service so provided broadly corresponds with the discontinued service, in terms of the localities it serves.

(3)Subsection (2) above is not to be taken as prejudicing the power of the Board under subsection (1) above to secure the provision of a service which deviates in any respect from the route of a railway service which has been interrupted or discontinued where it is not practicable for a service by road to correspond precisely to the railway service in question.

(4)Before entering into any agreement in pursuance of subsection (1) above for the provision by any other person of a service for the carriage of passengers by road in a case where a railway service has been discontinued, the Board shall invite other persons to submit tenders to provide that service for such period and on such basis as may be specified in the invitation to tender.

(5)Subsection (4) above shall not apply in relation to an agreement for the provision of such a service on a temporary basis in a case where a service for the carriage of passengers by road provided under an agreement entered into by the Board in pursuance of subsection (1) above has been temporarily interrupted.

(6)Nothing in subsection (4) above shall be read as requiring the Board to accept any tender submitted in response to an invitation to tender issued under that subsection.

(7)The Railways Board may not under this section secure the provision by any person of a service for the carriage of passengers by road provided otherwise than by means of public service vehicles or licensed taxis.

(8)The Railways Board may not themselves directly provide services for the carriage of passengers by road.

(9)In this section—

(a)“licensed taxi” means—

(i)in England and Wales, a vehicle licensed under section 37 of the Town Police Clauses Act M11847 or section 6 of the Metropolitan Public Carriage Act M21869 or under any similar enactment; and

(ii)in Scotland, a taxi licensed under section 10 of the Civic Government (Scotland) Act M31982; and

(b)“stopping place” means a point at which passengers are taken up or set down in the course of the service in question.]

5 Railways Board’s shipping services and power to provide air services.U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(2)The Railways Board shall have the powers conferred by the Railway Air Transport Acts of 1929 but shall not exercise those powers without the consent of the Minister.

(3)Except as provided by this section the Railways Board shall not have power to provide—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(b)air transport services.

(4)In this section “the Railway Shipping Acts” and “the Railway Air Transport Acts of 1929” have the meanings assigned by paragraphs 2 and 3 of Part II of the Second Schedule to this Act.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14U.K.

7, 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15U.K.