Transport Act 1962

Sections 1, 2 and 29.

FIRST SCHEDULEThe Boards, the Regional Railway Boards and the Holding Company

PART IThe Four Boards

1Bach Board shall be a body corporate with perpetual succession and a common seal.

2Each Board may act notwithstanding a vacancy among its members.

3The quorum of the Railways Board shall be five, and the quorum of each of the other Boards shall be three and, subject as aforesaid, the Boards may regulate their own procedure.

4(1)The application of the seal of any Board shall be authenticated by the signatures of the chairman of the Board or some other member of the Board authorised by the Board to authenticate the application of the seal thereof, and of the secretary of the Board or some person authorised by the Board to act in his stead in that behalf.

(2)A Board may authorise a person to act instead of the secretary under this paragraph whether or not the secretary is absent or incapable of acting.

5Every document purporting to be an instrument issued by any of the Boards and to be sealed as aforesaid, or to be signed on behalf of any Board, shall be received in evidence and be deemed to be such an instrument without further proof unless the contrary is shown.

6(1)A member of any Board shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2)Any member may at any time by notice in writing to the Minister resign his office.

7(1)Before appointing a person to be a member of any Board, the Minister shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of a Board, and the Minister shall also satisfy himself from time to time with respect to every member of any of the Boards that he has no such interest; and any person who is, or whom the Minister proposes to appoint to be, a member of a Board shall, whenever requested by the Minister so to do, furnish to him such information as the Minister considers necessary for the performance by the Minister of his duties under this paragraph.

(2)A member of any Board who is in any way directly or indirectly interested in a contract made or proposed to be made by the Board shall disclose the nature of his interest at a meeting of the Board ; and the disclosure shall be recorded in the minutes of the Board, and the member shall not take any part in any deliberation or decision of the Board with respect to that contract.

(3)For the purposes of the last foregoing sub-paragraph a general notice given at a meeting of a Board by a member of the Board to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that company or firm, shall be regarded as a sufficient disclosure of his interest in relation to any contract so made.

A member of a Board need not attend in person at a meeting of the Board in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

8(1)Each Board—

(a)shall pay to the members thereof such salaries or fees, and such allowances, as the Minister may, with the approval of the Treasury, determine, and

(b)on the retirement or death of any of the members as to whom the Minister may, with the approval of the Treasury, determine that such provision should be made, shall pay to or in respect of them such pensions as he may so determine,

and if a person ceases to be a member of a Board, otherwise than on the expiration of his term of office, and it appears to the Minister that there are special circumstances which make it right that that person should receive compensation the Minister may, with the approval of the Treasury, require the Board to pay to that person a sum of such amount as the Minister may with the approval of the Treasury determine.

(2)The Minister shall, as soon as possible after the first appointment of any person as a member of a Board, lay before each House of Parliament a statement of the salary or fees and of the allowances that are or will be payable under this paragraph ; and, if any subsequent determination by him under this paragraph involves a departure from the terms of that statement, or if a determination by him under this paragraph relates to the payment of, or of payment towards the provision of, a pension to or in respect of, a member of the Board, the Minister shall, as soon as possible after the determination, lay a statement (thereof before each House of Parliament.

(3)So much of sub-paragraph (1) of this paragraph as requires that the pensions, if any, which are to be paid in the case of members of a Board are to be determined by the Minister with the approval of the Treasury shall not apply in relation to any pension payable apart from the provisions of this paragraph.

PART IIThe Regional Railway Boards

9The chairman and other members of each Regional Railway Board shall be appointed by the Railways Board with the approval of the Minister.

10(1)Each Regional Railway Board shall consist of a chairman' and not more than nine other members.

(2)Any person holding the office of general manager (whatever title that office carries) of a part of the national railways system for the management of which a Regional Railway Board is responsible, and, where there are joint holders of that office, each of them, shall by virtue of that office be a member of that Regional Railway Board so long as he holds that office.

(3)The chairman and other members of each Regional Railway Board, other than those holding office as members by virtue of the last foregoing sub-paragraph, shall be appointed from among persons—

(a)who appear to the Railways Board to have had wide experience of, and to have shown capacity in, transport, industrial, commercial or financial matters, administration, applied science, or the organisation of workers, or

(b)who have had wide experience of, and are conversant with, the special requirements and circumstances of the region with which the Regional Railway Board is concerned, including in particular the special transport requirements in that region.

11(1)A member of a Regional Railway Board, other than a person holding office as a member by virtue of sub-paragraph (2) of paragraph 10 of this Schedule, shall hold office in accordance with the terms of his appointment but may at any time by notice in writing to the Railways Board resign his office.

(2)A person on ceasing to be a member of a Regional Railway Board shall be eligible for re-appointment

12(1)The Railways Board—

(a)shall pay to the members of each Regional Railway Board such salaries or fees, and such allowances, as the Minister may, with the approval of the Treasury, determine, and

(b)on the retirement or death of any member of a Regional Railway Board as to whom the Minister may, with the approval of the Treasury, determine that such provision should he made, shall pay to or in respect of him such pensions as the Minister may so determine,

and if a person ceases to be a member of a Regional Railway Board, otherwise than on the expiration of his term of office, and it appears to the Minister that there are special circumstances which make it right that that person should receive compensation the Minister may, with the approval of the Treasury, require the Railways Board to pay to that person a sum of such amount as the Minister may with the approval of the Treasury determine.

(2)The foregoing sub-paragraph shall not apply to a person who is a member of a Regional Railway Board by virtue of sub-paragraph (2) of paragraph 10 of this Schedule.

(3)The Minister shall, as soon as possible after the first appointment of any person as a member of a Regional Railway Board, lay before each House of Parliament a statement of the salary or fees and of the allowances that are or will be payable under this paragraph; and, if any subsequent determination by him under this paragraph involves a departure from the terms of that statement, or if a determination by him under this paragraph relates to the payment of, or of payment towards the provision of, a pension to or in respect of a member of a Regional Railway Board, the Minister shall, as soon as possible after the determination, lay a statement thereof before each House of Parliament.

(4)So much of this paragraph as requires that the pensions, if any, which are to be paid in the case of members of a Regional Railways Board are to be determined by the Minister with the approval of the Treasury shall not apply to any pension payable apart from the provisions of this paragraph.

13The procedure of each Regional Railway Board, including the quorum at meetings of the Board, shall be such as the Board may, with the approval of the Railways Board, determine.

PART IIIThe Holding Company

14(1)A director of the Holding Company shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a director, be eligible for re-appoinitment.

(2)A director of the Holding Company may at any time by notice in writing to the Minister resign his office.

15(1)The Holding Company—

(a)shall pay to the directors thereof such salaries or fees, and such allowances, as the Minister may, with the approval of the Treasury, determine, and

(b)on the retirement or death of any of the directors as to whom the Minister may, with the approval of the Treasury, determine that such provision should be made, shall pay to or in respect of them such pensions as he may so determine,

and if a person ceases to be a director of the Holding Company, otherwise than on the expiration of his term of office, and it appears to the Minister that there are special circumstances which make it right that that person should receive compensation, the Minister may, with the approval of the Treasury, require the Holding Company to pay to that person a sum of such amount as the Minister may with the approval of the Treasury determine.

(2)The Minister shall, as soon as possible after the first appointment of any person as a director of the Holding Company, lay before each House of Parliament a statement of the salary or fees and of the allowances that are or will be payable under this paragraph ; and, if any subsequent determination by him under this paragraph involves a departure from the terms of that statement, or if a determination by him under this paragraph relates to the payment of, or of payment towards the provision of, a pension to or in respect of, a member of the Holding Company, the Minister shall, as soon as possible after the determination, lay a statement thereof before each House of Parliament.

(3)So much of sub-paragraph (1) of this paragraph as requires that the pensions, if any, which are to be paid in the case of directors of the Holding Company are to be determined by the Minister with the approval of the Treasury shall not apply in relation to any pension payable apart from the provisions of this paragraph.

16(1)The Holding Company may act notwithstanding a vacancy among the directors.

(2)The Minister may by order regulate the procedure of the Holding Company, including the quorum at meetings of the Holding Company.

An order under this sub-paragraph may vary or revoke a previous order, and shall be made by statutory instrument which shall be laid before Parliament.

(3)If and so far as the procedure of the Holding Company is not regulated by an order under the last foregoing sub-paragraph, it shall be such as the Holding Company may determine.

(4)The Holding Company shall have a common seal, and the application of that seal shall be authenticated by the signatures of the chairman or some other director of the Holding Company authorised by the Holding Company to authenticate the application thereof, and of the secretary of the Holding Company or some person authorised by the Holding Company to act in his stead in that behalf.

The Holding Company may authorise a person to act instead of the secretary under this paragraph whether or not the secretary is absent or incapable of acting.

(5)Every document purporting to be an instrument issued by the Holding Company and to be sealed as aforesaid, or to be signed on behalf of the Holding Company, shall be received in evidence and be deemed to be such an instrument without further proof unless the contrary is shown.

Section 32.

SECOND SCHEDULETransfer of Commission's Statutory Functions

PART IPublic Acts

The Railway Fires Act, 19055 Edw. 7.c. 11

The London Passenger Transport Act, 193323 & 24 Geo. 5. c. 14

In the London Passenger Transport Act, 1933 (so far as not repealed by this Act), for references to the London Passenger Transport Board there shall be substituted references to the London Board.

The Public Health (London) Act, 193626 Geo. 5 and 1 Edw. 8. c. 50

The Criminal Justice Act, 194811 & 12 Geo. 6. c. 58

The Coast Protection Act, 194912, 13 & 14 Geo. 6. c. 74

1(1)In paragraph (d) of subsection (2) and subsection (8) of section two, in paragraph (c) of subsection (6) of section three and in paragraphs 1 and 8 of the First Schedule (which relate to the appointment of coast protection boards and joint committees) for references to the Commission there shall be substituted references to the Railways Board and the British Waterways Board.

(2)This paragraph shall not affect any order under the said section two, or any appointment made under either of those sections before the vesting date, but the power under an order under the said section two or under the said section three to appoint a person to take the place of a representative of the Commission shall be exercisable either by the Railways Board or the British Waterways Board, or both those Boards jointly, as those Boards may agree.

2In paragraph (c) of the proviso to subsection (4) of section five and in paragraph (c) of the proviso to subsection (4) of section eight (which relate to objections to proposals to carry out coast protection work) for the reference to the Commission there shall be substituted a reference to any of the Boards.

The Diseases of Animals Act, 195014 Geo. 6. c. 36

The Education (Miscellaneous Provisions) Act, 19531 & 2 Eliz. 2. c. 33

The Post Office Act, 19531 & 2 Eliz. 2. c. 36

The Transport Charges &c. (Miscellaneous Provisions) Act, 19542 & 3 Eliz. 2. c. 64

The Food and Drugs Act, 19554 Eliz. 2. c. 16

The Food and Drugs (Scotland) Act, 19564 & 5 Eliz. 2. c. 30

The Highways Act, 19597 & 8 Eliz. 2. c. 25

The Road Traffic Act, 19608 & 9 Eliz. 2. c. 16

Act of the Parliament of Northern IrelandThe Criminal Justice Act (Northern Ireland), 19531953 c. 14

PART IIThe Railway Local Acts Relating to Road Transport, Shipping and Air Transport

The Railway Road Transport Acts of 1928

1(1)In the Railway Road Transport Acts of 1928—

(a)for references to the railway companies there mentioned there shall be substituted references to the Railways Board, and

(b)for references to the railway systems of those companies there shall be substituted references to the Board's railway system.

(2)In this paragraph "the Railway Road Transport Acts of 1928" means the London and North Eastern Railway (Road Transport) Act, 1928, the Southern Railway (Road Transport) Act, 1928, the Great Western Railway (Road Transport) Act, 1928, and the London Midland and Scottish Railway (Road Transport) Act, 1928.

The Railway Shipping Acts

2(1)In the Railway Shipping Acts for references to the railway companies there mentioned there shall be substituted references to the Railways Board.

(2)In this paragraph " the Railway Shipping Acts " means all the local enactments under which the railway companies whose undertakings were under the Transport Act, 1947, transferred to the Commission then had power to provide shipping services, and all local enactments relating to those powers.

The Railway Air Transport Acts of 1929

3(1)In the Railway Air Transport Acts—

(a)for references to the railway companies there mentioned there shall be substituted references to the Railways Board, and

(b)for references to the railway systems of those companies there shall be substituted references to the Board's railway

(2)In this paragraph " the Railway Air Transport Acts of 1929" means the London and North Eastern Railway (Air Transport) Act, 1929, the Southern Railway (Air Transport) Act, 1929, the Great Western Railway (Air Transport) Act, 1929, and the London Midland and Scottish Railway (Air Transport) Act, 1929.

PART IIIOther Functions under Local Enactments

The London Passenger Transport Acts of 1934 to 1947

In the local Acts cited as the London Passenger Transport Acts, 1933 to 1947, for references to the London Passenger Transport Board there shall be substituted references to the London Board.

The British Transport Commission Act, 194912 & 13 Geo. 6. c. xxix

The British Transport Commission Order Confirmation Act, 19531 & 2 Eliz. 2. c. xx

The British Transport Commission Act, 19531 & 2 Eliz. 2. c. xlii

The British Transport Commission Act, 19542 & 3 Eliz. 2. c. lv

The British Transport Commission Act, 19575 & 6 Eliz. 2. c. xxxiii

The British Transport Commission Act, 19586 & 7 Eliz. 2. c. xliv

The British Transport Commission Order Confirmation Act, 19597 & 8 Eliz. 2. c. xxxvi

The British Transport Commission Act, 19597 & 8 Eliz. 2. c. xliv

The British Transport Commission Act, 19619 & 10 Eliz. 2. c. xxxvi

PART IVThe Railways Clauses Acts

The following enactments in the Railways Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation (Scotland) Act, 1845, shall apply to all the railways of each of the Boards and shall so apply as if references in those enactments to the company were references to those Boards respectively.

Section 31.

THIRD SCHEDULEDistribution of Commission's Harbours

PART IRailways Board's Harbours

PART IIDocks Board's Harbours

PART IIIBritish Waterways Board's Harbours

Sections 31 and 85.

FOURTH SCHEDULEDistribution of Commission's Securities

PART IThe Railways Board's List

LIST ACompanies all the shares in which are owned by the Commission

• British and Irish Railways, Inc.

• Britravel Nominees Limited.

• The Caledonian Steam Packet Company Limited.

• Caledonian Steam Packet Company (Irish Services) Limited.

• Railway Sites Limited.

LIST BOther bodies

• The Channel Tunnel Company Limited.

• The Derwent Valley Light Railway Company.

• The Fishguard and Rosslare Railways & Harbours Company.

• Port of Padstow Harbour Commissioners.

• The Pullman Car Company Limited.

• Société Anonyme de Navigation Angleterre-Lorraine-Alsace.

• Société Belgo-Anglaise des Ferry-Boats, S.A.

• Société Ferroviaire Internationale de Transports Frigorifiques.

• Sutton Bridge Dock Company.

• Sutton Harbour Improvement Company.

PART IIThe Docks Board's List

• The Hull Fish Merchants' Club Limited.

• The International Cold Storage & Ice Company Limited.

PART IIIThe British Waterways Board's List

(The following bodies are companies all the shares in which are owned by the Commission)

• Canal Transport Limited.

• Erawash Canal Carrying Company Limited.

• Grandion Limited.

• Grand Union Canal Carrying Company Limited.

• Grand Union Estates Limited.

• Grand Union (Stevedoring & Wharfage) Company Limited.

• Grand Union Transport Limited.

• Grand Union Warehousing Company Limited.

• Thomas Clayton (Paddington) Limited.

PART IVThe Holding Company's List

LIST ACompanies all the shares in which are owned by the Commission

• British Road Services Limited.

• B.R.S. (Contracts) Limited.

• B.R.S. (Parcels) Limited.

• B.R.S. (Pickfords) Limited.

• B.R.S. (Meat Haulage) Limited.

• Star Bodies (B.T.C.) Limited.

• Bath Electric Tramways Limited.

• Bath Tramways Motor Company Limited.

• Brighton, Hove & District Omnibus Company Limited.

• Bristol Omnibus Company Limited.

• Bristol Commercial Vehicles Limited.

• Cheltenham District Traction Company.

• Crosville Motor Services Limited.

• Cumberland Motor Services Limited.

• Durham District Services Limited.

• Eastern Coach Works Limited.

• Eastern Counties Omnibus Company Limited.

• The Eastern National Omnibus Company Limited.

• Hants and Dorset Motor Services Limited.

• Lincolnshire Road Car Company Limited.

• Mansfield District Traction Company.

• The Midland General Omnibus Company Limited.

• Newbury and District Motor Services Limited.

• Nottinghamshire and Derbyshire Traction Company.

• Red and White Services Limited.

• South Midland Motor Services Limited.

• The Southern National Omnibus Company Limited.

• The Southern Vectis Omnibus Company Limited.

• The Thames Valley Traction Company Limited.

• Tillings Transport (B.T.C.) Limited.

• United Automobile Services Limited.

• United Counties Omnibus Company Limited.

• United Welsh Services Limited.

• Venture Limited.

• West Yorkshire Road Car Company Limited.

• The Western National Omnibus Company Limited.

• Wilts and Dorset Motor Services Limited.

• Scottish Omnibuses Group (Holdings) Limited.

• Thos. Cook & Son Limited.

• Atlantic Steam Navigation Company Limited.

• Transport Nominees Limited.

LIST BOther bodies

• Aldershot & District Traction Company Limited.

• The Birmmgham & Midland Motor Omnibus Company Limited.

• The City of Oxford Motor Services Limited.

• The Devon General Omnibus and Touring Company Limited.

• East Kent Road Car Company Limited.

• East Midland Motor Services Limited.

• East Yorkshire Motor Services Limited.

• Hebble Motor Services Limited.

• The Maidstone & District Motor Services Limited,

• North Western Road Car Company Limited.

• The Northern General Transport Company Limited.

• Ribble Motor Services Limited.

• Southdown Motor Services Limited.

• Trent Motor Traction Company Limited.

• Western Welsh Omnibus Company Limited.

• The Yorkshire Traction Company Limited.

• Yorkshire Woollen District Transport Company Limited.

• The Birmingham & District Investment Trust Limited.

• Associated Humber Lines Limited.

• David MacBrayne Limited.

• London Coastal Coaches Limited.

• Otley Omnibus Stations Limited.

• A. Timpson and Sons Limited.

• The Penarth Dock Engineering Company Limited.

PART V

1(1)Subject to sub-paragraph (3) of this paragraph, the right to any money owed to the Commission by any of the bodies listed in the foregoing Parts of this Schedule shall be transferred to the Railways Board, the Docks Board, the British Waterways Board and the Holding Company respectively.

(2)Subject to sub-paragraph (3) of this paragraph, the liability represented by any money owed by the Commission to any of the bodies listed in the foregoing Parts of this Schedule shall be transferred to the Railways Board, the Docks Board, the British Waterways Board and the Holding Company respectively.

(3)This paragraph shall not apply to money owed in the ordinary course of trading.

2Subject to the following provisions of this Act, any rights or liabilities of the Commission regarding the securities of any of the bodies listed in the foregoing Parts of this Schedule shall be transferred to the Railways Board, the Docks Board, the British Waterways Board and the Holding Company respectively.

PART VI

3If at the vesting date there is a subsidiary of the Commission which owns securities of any of the bodies listed in one Part (but not more than one Part) of this Schedule, then for the purposes of section thirty-one and section thirty-four of this Act, and of Part V of this Schedule, that body shall be treated as if it were included in that Part of this Schedule.

4If at the vesting date the Commission owns securities in any body corporate which does not fall under Parts I to IV of this Schedule, then for the purposes of section thirty-one and section thirty-four of this Act, and of Part V of this Schedule, that body shall be treated as if it were included in such Part of this Schedule as may be designated by the Minister.

Section 31.

FIFTH SCHEDULEMiscellaneous Items in the Distribution of the Commission's Assets

1There shall be transferred to the Railways Board—

(a)liability under the Third Schedule to the Railways Act, 1921, or regulations under sections one hundred and one and one hundred and two of the Transport Act, 1947 (which relate to compensation for loss of employment),

(b)liability to pay any unclaimed dividend or redemption money in respect of any of the securities of the bodies whose undertakings were transferred to the Commission by the Transport Act, 1947, other than in respect of securities created under the London Passenger Transport Act, 1933, and

(c)liability under any guarantee of interest on securities issued by the Dover Harbour Board or the Fishguard and Rosslare Railways and Harbours Company.

2There shall be transferred to the London Board—

(a)liability under Part VII of the London Passenger Transport Act, 1933 (which relates to compensation for loss of employment),

(b)liability to pay any unclaimed dividend or redemption money in respect of any securities created under the London Passenger Transport Act, 1933,

(c)liability under the guarantee of Central London (New) Guaranteed Assented Stock, and

(d)liability in respect of any payment (whether by way of remuneration, pension or otherwise) to be made to a member of the London Transport Executive under the Second Schedule to the Transport Act, 1947, or section seventy-nine of this Act.

3There shall be transferred to the Docks Board liability under any guarantee of the Swansea Pilotage Authority or the Port Talbot Pilotage Authority.

4There shall be transferred to the British Waterways Board any liability under section twenty-five of the Transport Act, 1947 (under which certain payments became due to local authorities referable to the part of the undertaking of the Commission transferred to that Board).

5There shall be transferred to the Holding Company—

(a)liability under regulations under section twenty-eight of the Transport Act, 1953 (which relates to compensation for loss of employment),

(b)all the interest of the Commission in the property known as " 10, Fleet Street" (which is the head office of The Tilling Group),

(c)the liability represented by any money (except money owed in the ordinary course of trading) owed by the Commission to The Tilling Association Limited, and

(d)any rights or liabilities of the Commission under covenants, express or implied, relating to land disposed of by the Road Haulage Executive on behalf of the Commission or to land disposed of by the Commission which was at any time in the possession, as between that Executive and persons other than the Commission, of that Executive.

6(1)This paragraph applies to any agreement—

(a)which was made with, or relates to, a company operating motor omnibuses or other road passenger transport vehicles, being a company which is listed in Part IV of the Fourth Schedule to this Act, and

(b)to which the Commission became a party by virtue of Part II of the Transport Act, 1947, as successors of a railway company having powers under the Railway Road Transport Acts of 1928 mentioned in paragraph 1 of Part II of the Second Schedule to this Act.

In the following provisions of this paragraph "the omnibus company" means any such company as is mentioned in paragraph (a) of this sub-paragraph.

(2)There shall be transferred to the Holding Company any rights and liabilities of the Commission under so much of the agreement as relates—

(a)to securities issued by the omnibus company, and in particular to any right of pre-emption which may arise when any such securities are disposed of,

(b)to the raising of capital by the omnibus company,

(c)to the election or nomination of directors of the omnibus company.

(3)Any rights or liabilities of the Commission under the agreement which are not under the foregoing provisions of this paragraph transferred to the Holding Company shall be transferred to the Railways Board.

(4)Without prejudice to the foregoing provisions of this paragraph, any term of the agreement to the effect that the omnibus company shall not without the consent of directors of the company nominated by the Commission compete with railway services of the Commission shall have effect, as from the vesting date, as if it referred to the consent of the Railways Board and to the railway services of the Railways Board.

Section 35.

SIXTH SCHEDULEDistribution of Commission's Undertaking

Distribution of property among the Boards

1(1)It shall be the duty of the Boards so far as practicable to arrive at such written agreements, and to execute such other instruments, as will effect the demarcations of boundaries and divisions and apportionments of property, rights and liabilities required under the principal sections and as will—

(a)afford to each Board as against the other Boards such rights and safeguards as they may require for the proper discharge of their functions, and

(b)make such clarifications and modifications of the division of the Commission's undertaking effected by the principal sections as will best serve the proper discharge of the functions of the Boards,

and any such agreement shall provide so far as expedient—

(i)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,

(ii)for the granting of indemnities in connection with the severance of leases and other matters,

(iii)for the joint holding of assets,

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

An agreement made in pursuance of this sub-paragraph after the vesting date shall not be invalid on that account.

(2)If a Board represents to the Minister that it is expedient in order to facilitate the discharge of their functions, or if it appears to the Minister that it is unlikely that any of the Boards will reach agreement on any matter on which they ought to reach agreement, the Minister may, either before the vesting date or later, but not more than five years after the vesting date, give a direction determining the manner in which any property, rights or liabilities of the Commission are to be distributed and may include in the direction any provision which might have been included in an agreement under the foregoing sub-paragraph.

A direction under this sub-paragraph shall have effect notwithstanding anything in the principal sections and any transfer of property, rights or liabilities effected by such direction shall take effect by virtue of this Act without further assurance.

(3)Where under the principal sections a Board is entitled to possession of any documents relating in part to the title to, or to the management of, any land or other property transferred under the principal sections to another Board, the first-mentioned Board shall be deemed to have given to the second-mentioned Board an acknowledgment in writing of the right of the second-mentioned Board to production of that document and to delivery of copies thereof, and section sixty-four 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.

(4)Where by the operation of the principal sections any property or rights vest in or are transferred to a Board, or would so vest or be so transferred but for the fact that transfers thereof are governed otherwise than by the law of any part of Great Britain, the Commission 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 to the Board.

(5)The Railways Board shall, not later than one year after the vesting date, and after consulting the other Boards and the Holding Company, prepare and submit to the Minister schemes for sharing among the Boards and the Holding Company the control and use of the Historical Records vested in the Railways Board by paragraph (f) of subsection (2) of section thirty-one of this Act and dealing with the other assets so vested by that paragraph.

The Minister may approve a scheme so submitted to him with or without modifications, and it shall be the duty of the Boards and the Holding Company to give effect to any scheme as so approved.

Until a scheme under this paragraph comes into force for the said Records, the Railways Board shall afford to the other Boards and to the Holding Company reasonable facilities for access to and the use of the said Records.

(6)In the application of this paragraph to Scotland there shall be omitted, in sub-paragraph (2), the words " without further assurance " and, in sub-paragraph (3), the words from "and section sixty-four " to the end of the sub-paragraph.

Construction of Agreements, Statutory Provisions and Documents

2(1)On and after the vesting date any agreement to which the Commission were a party immediately before the vesting date, whether in writing or not, and Whether or not of such nature that rights and liabilities thereunder could be assigned by the Commission, shall have effect as if—

(a)(the successor Board had been a party to the agreement, and

(b)for any reference (however worded and whether express or implied) to 'the Commission there were substituted, as respects anything falling to be done on or after the vesting date, a reference to the successor Board, and

(c)any reference (however worded and whether express or implied) to any officer or any servant of the Commission were, as respects anything falling to be done on or after the vesting date, a reference to such person as the successor Board may appoint or, in default of appointment, to the officer or servant of the successor Board who corresponds as nearly as may be to the first-mentioned officer or servant, and

(d)where the agreement relates to property, rights or liabilities which under the principal sections fail to be apportioned or divided or distributed between two or more Boards, as if the agreement constituted two or more separate agreements separately enforceable by and against each of the respective Boards as regards the part of the property, rights and liabilities vesting in that Board and not as regards the other part, and paragraph (d) of this sub-paragraph shall apply in particular to the covenants, stipulations and conditions of any lease by or to the Commission.

(2)Save as otherwise provided by any provision in this Act (whether expressly or by necessary implication), the foregoing sub-paragraph (except paragraph (a)) shall apply in relation to any statutory provision, any provision of any agreement to which the Commission were not a party, and any provision of any other document not being an agreement, as it applies in relation to an agreement to which the Commission were a party, and, in relation to any such statutory or other provision as aforesaid, references in paragraphs (b) and (c) of that sub-paragraph to the Commission and to any officers or servants of the Commission include references made by means of a general reference to a class of persons of which the Commission are one, without the Commission themselves being specifically referred to.

(3)On and after the vesting date any statutory provision passed or made, and any agreement or other instrument executed, before the date of transfer under Part II of the Transport Act, 1947, which by virtue of that Act contains a reference to the Commission instead of a reference to some other body shall have effect as if—

(a)for any reference (however worded and whether express or implied) which before the said date of transfer was a reference to the directors or any director of the body were, as respects anything falling to be done on or after the vesting date, a reference to such person as the successor Board may appoint, and

(b)subject to the foregoing provisions of this paragraph, any reference (however worded and whether express or implied) which before the said date of transfer was a reference to the undertaking of the body were, as respects a period beginning with the vesting date, a reference to so much of the undertaking of the successor Board as corresponds to the undertaking of the first-mentioned body.

(4)Without prejudice to the generality of the foregoing provisions of this paragraph, where by the operation of this Act any right or liability becomes a right or liability of a Board, the Board and all other persons shall, as from the date when the right or liability is transferred, 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 that right or liability as they would have had if it had at all times been a right or liability of the Board, and any legal proceedings or applications to any Authority pending on the said date by or against the Commission, in so far as they relate to any property, right or liability transferred to the Board under or in pursuance of this Act, or to any agreement or enactment to which this Act applies, shall be continued by or against the Board to the exclusion of the Commission.

(5)If 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 the Second Schedule to this Act, which was executed before the passing of this Act and to which any Board is by virtue of this Act a party depends on whether that Board 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 this Act has been authorised by such a consent.

(6)In this paragraph " the successor Board " means—

(a)so far as the relevant agreement, statutory provision or other document relates to property, rights or liabilities or functions transferred under or in pursuance of this Act to one of the Boards, that Board,

(b)so far as the agreement, statutory provision or other document relates to property, rights or liabilities or statutory functions transferred under or in pursuance of this Act to two or more of the Boards, those Boards, but taken as a reference to both or all of those bodies, or to either or any of them separately, as the context may require, and

(c)in any other case, such Board as the Minister may direct,

and in this paragraph references to agreements to which the Commission were a party and to statutory provisions, include in particular references to agreements to which the Commission became a party by virtue of the Transport Act, 1947, and statutory provisions which applied to the Commission by virtue of that Act.

(7)In this paragraph references to the Boards include references to the Holding Company.

(8)The provisions of this paragraph 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.

(9)In this paragraph references to the Commission include references to any Executive of the Commission.

Third parties affected by vesting provisions

3(1)Without prejudice to the provisions of the last foregoing paragraph, any transaction effected between the Boards in pursuance Of paragraph 1 of this Schedule not more than five years after the vesting date 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 Boards who effect any transaction in pursuance of paragraph 1 of this Schedule to notify any person who has rights or liabilities which thereby become enforceable as to part by or against one Board and as to part by or against another Board, and if such a person applies to the Minister and satisfies him that the division or apportionment operated unfairly against him, the Minister may give such directions to the Boards as appear to him appropriate for varying the division or apportionment.

(3)It shall also be the duty of the Boards to notify any person who has rights or liabilities which become enforceable as to part by or against one Board and as to part by or against another Board in consequence of a direction given by the Minister under sub-paragraph (2) of paragraph 1 of this Schedule.

(4)If in consequence of the provisions of the principal sections and this Schedule, or of anything done in pursuance of those provisions, the rights or liabilities of any person other than a Board or the Holding Company or any subsidiary of a Board or of the Holding Company which were enforceable against or by the Commission become enforceable as to part against or by one Board and as to part against or by another Board, and the value of any property or interest of that person is thereby diminished, the Boards shall pay to that person such compensation as may be just, 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.

(5)A conveyance or transfer whereby a Board purport to transfer to some person other than a Board or the Holding Company for consideration any land or any other property which belonged to the Commission, or which is an interest in property which belonged to the Commission, shall be as effective as if all the other Boards had been parties to the conveyance or transfer and had thereby conveyed or transferred all their interest in the property conveyed or (transferred.

(6)If at any stage of any court proceedings which have been instituted before the vesting date or later, but not more than five years after the vesting date, and which are proceedings to which a Board and a person other than a Board are parties, it appears to the court that the issues in the proceedings depend on any demarcation of boundaries or division or apportionment under the principal sections or this Schedule which the Boards have not yet effected, or raise a question of construction on those provisions which would not arise if all the Boards constituted a single person, the court may if it thinks fit on the application of a parity to the proceedings other than a Board hear and determine the proceedings on the footing that the Board or Boards who are parties to the proceedings represent and are answerable for all the Boards, and that the Boards constitute a single person, and any judgment or order given by the court shall bind all the Boards accordingly.

(7)It shall be the duty of each Board to keep any other of the Boards informed of any case where that other Board may be prejudiced by sub-paragraph (5) or sub-paragraph (6) of this paragraph, and if a Board claim that they have been so prejudiced and that some other Board ought to indemnify or make a payment to them on that account, and that the other Board have unreasonably failed to meet that claim, they may refer the matter to the Minister for determination by him.

Minister's power to alter distribution of property and functions

4(1)The Minister shall have power—

(a)for the purpose of removing any difficulties or uncertainties in the application of sections thirty-one and thirty-two of this Act, or of reconciling the operation of those sections, or

(b)for the purpose of facilitating the discharge of the Boards' functions,

by order to direct that notwithstanding those sections any property, rights or liabilities of the Commission, and any functions of the Commission under any local enactments, shall be transferred to such Board or Boards as may be specified in the order.

(2)An order under this paragraph may adapt or modify any local enactment so far as appears to the Minister expedient for the purpose of regulating the manner in which functions of the Commission thereunder are distributed and may contain such other transitional and supplemental provisions as appear to the Minister expedient, including provisions which might be included in an agreement between the Boards under paragraph 1 of this Schedule and provisions having retrospective effect.

(3)An order under this paragraph shall by virtue of this Act have effect to vest any property, rights or liabilities transferred by the order without further assurance.

(4)An order under this paragraph shall not be made more than five years after the vesting date unless it is one which relates, and is expressed to relate, only to a local enactment which authorises the carrying out of works.

(5)An order made under this paragraph may be varied or revoked by a subsequent order so made, and unless the order relates, and is expressed to relate, only to a local enactment which authorises the carrying out of works, shall be made by statutory instrument.

(6)In the application of sub-paragraph (3) of this paragraph to Scotland, the words " without further assurance " shall be omitted.

Special provisions relating to transferred heritage in Scotland

5(1)This paragraph applies to any heritable property or right in Scotland which is transferred to any of the Boards by or under the principal sections or this Schedule ; and in this paragraph " transferred heritage " means any property or right to which this paragraph applies, and " vesting provision ", in relation to any transferred heritage, includes such of the provisions of the principal sections or of this Schedule, and such of the directions given and orders made thereunder and the agreements made in pursuance thereof as effect the transfer.

(2)In relation to any transferred heritage the vesting provision shall have effect for the purposes of any enactment relating to the completion of title to land or heritable rights as if it were a general disposition or assignation of the transferred heritage granted by the Commission in favour of the Board in question on the vesting date or, if the vesting provision takes effect on a subsequent date, on that subsequent date.

(3)Where any transferred heritage is immediately before the vesting date, or becomes at any time thereafter, the subject of a lease granted by the Commission, or, as the case may be, the Board to whom the heritage is transferred, the lease shall not be challengeable (notwithstanding any rule of law to the contrary effect) on the ground that the Commission, or, as the case may be, the Board, were not at the time of the granting of the lease infeft in the transferred heritage.

(4)This paragraph shall apply to any heritable property or right in Scotland transferred to two or more of the Boards jointly or to the Holding Company as it applies to any such property or right transferred to a Board, and references therein to a Board shall be construed accordingly.

Transitory protection for Boards affected by works carried out by another Board

6(1)This paragraph applies in relation to works which a Board are authorised to carry out by a local enactment passed or made before the vesting date, including works begun but not completed by the Commission.

(2)It shall be the duty of a Board who at any time begin or continue with works to which this paragraph applies to afford to any other Board such rights and safeguards in relation to the works and, where necessary, in relation to the carrying out of those works, as may be required in order to facilitate the proper discharge of their functions by that other Board; and it shall be the duty of any other Board to afford to the Board beginning or continuing with the works such rights and safeguards as may be required for the proper carrying out and operation of the works.

(3)A Board who claim that another Board should in pursuance of their duty under the last foregoing sub-paragraph afford to the claimant Board any rights or safeguards shall give particulars of their claim by notice in writing to the other Board, and if within three months the Boards fail to agree on the claim, the claim shall be referred to an abitrator appointed by the Boards or, in default of appointment by them, appointed by the Minister.

(4)If it appears to a Board who are proposing to begin or continue with works to which this paragraph applies that another Board may wish to consider whether to make a claim under this paragraph regarding the works, they shall not without the consent of that other Board begin or continue with the works—

(a)until one month after they have served a notice on that other Board of their proposal with sufficient particulars of the works, and any necessary plans and specifications, and

(b)if within one month of the service of the notice the other Board make a claim under this paragraph regarding the works, until the two Boards have agreed on the claim or the claim has been referred to an arbitrator appointed under sub-paragraph (3) of this paragraph and been finally determined:

Provided that the Minister may authorise a Board without compliance with paragraph (b) of this sub-paragraph to continue works begun by the Commission.

(5)Any agreement concluded between any of the Boards under this paragraph, and any award of an arbitrator under this paragraph, may itself provide for the reference of any issue to arbitration.

(6)In this paragraph references to affording rights and safeguards to a Board include references to granting to the Board interests in and rights over land, and undertaking to give to the Board appropriate notices.

Sections 36, 49, 56, 75 and 80.

SEVENTH SCHEDULETransitional Provisions

PART ITransport Stock

1Any certificate issued or other thing done before the vesting date under or for the purposes of any provision in the British Transport Stock Regulations, 1947, shall continue to have effect on and after the vesting date in relation to the Stock, and shall be deemed to be issued or done under or for the purposes of the corresponding enactment, regulation or rule which for the time being applies to the Stock.

2(1)Any direction relating to the payment of interest to any particular person Which, by virtue of paragraph (1) of regulation 19, paragraph (3) of regulation 25 and paragraph (2) of regulation 29 of the said Regulations of 1947 applied to Stock immediately before the vesting date shall continue to apply on and after the vesting date to that Stock and shall be taken to have effect under the regulations made under section four of the National Debt Act, 1889.

(2)Any stock or share certificate or similar document which by virtue of regulation 26 of the said Regulations of 1947 was treated as applicable to any Stock shall continue on and after the vesting date to be treated as so applicable and as equivalent to a stock certificate under the Government Stock Regulations, 1943, or any regulations replacing those regulations, until such time as a stock certificate is issued under such regulations.

(3)A stockholder in respect of whose holding any such stock or share certificate or similar document is outstanding shall be entitled under the said Regulations of 1943, or any regulations replacing those regulations, to a stock certificate, but that document shall be surrendered to the Bank of England before the issue of the stock certificate:

Provided that where the said document has been lost or for any other reason cannot be surrendered, the Bank may issue the stock certificate on such terms as to evidence and indemnity as the Bank, may require.

3(1)If the vesting date does not fall at the end of a year for the purposes of regulation 6 of the British Transport Stock Regulations, 1947 (which relates to redemption funds), those regulations shall have effect as respects the year in which the vesting date falls subject to the provisions of this paragraph.

(2)In paragraph (1) of regulation 6 and in paragraph (3) of regulation 7 of the said regulations the references to a year shall be taken as references to the part of the year ending at the vesting date.

(3)The sum to be carried to redemption fund accounts under the said regulation 6 in the said period, and any sum to be carried to any such account under paragraph (3) of the said regulation 7, shall be calculated on the principles set out in paragraph (3) of regulation 6 and paragraph (3) of regulation 7 with the necessary modifications to take account of the period being shorter than one year.

4If the vesting date does not fall at the end of a year for the purposes of regulation 9 of the said regulations (which relates to adjustments consequent on the purchase of stock), adjustments to be made under paragraph (1) of that regulation an the year in which the vesting date falls shall be made before the vesting date.

PART IIPassenger Fares in London

5In the application of subsection (4) of section forty-five and subsection (4) of section forty-six of this Act to the Commission, references to subsection (1) of section eighteen of this Act and to directions by the Minister under this Act shall be construed as references to subsection (4) of section three of the Transport Act, 1947, and as references to directions by the Minister under that Act.

6(1)If immediately before the date when section forty-four of this Act comes into force there is in operation an order under subsection (2) of section twenty-three of the Transport Act, 1953 (which relates to special temporary increases in fares), amending any pant of the charges schemes under Part V of the Transport Act, 1947, which is continued in force by this Act, the Commission shall, within one month of the date of the order or such longer period as the Minister may allow, apply to (the Transport Tribunal under section forty-six of this Act for the alteration of all or any of their fares subject to the London fares orders (whether or not all or any of those specified in the application were the fares affected by the order).

(2)Any application by the Commission in compliance with subsection (5) of the said section twenty-three (which requires the Commission to apply within a prescribed time for confirmation of an order under subsection (2) of that section) which is pending before the Transport Tribunal When section forty-four of this Act comes into force shall be deemed to have been made in compliance with the foregoing sub-paragraph, and the proceedings on that application shall foe continued in such manner as the Tribunal may direct as if they were proceedings under section forty-six of this Act.

7Any application by the Commission under section forty-six of this Act which is pending on the vesting date, and any application required to be made by 'the Commission under section forty-eight of this Act which has not been made on the vesting date, shall be proceeded with, or made, by the London Board and the Railways Board jointly:

Provided that if the application under section forty-six or the notice under section forty-eight of this Act was concerned with charges for the services of one of the Boards exclusively, the application shall be proceeded with or made by that Board alone.

PART IIIConsultative Committees

Areas and members of existing Consultative Committees

8The areas for which under section six of the Transport Act, 1947, there were Transport Users Consultative Committees immediately before the date on which section fifty-six of .this Act (hereafter in this Part of this Schedule referred to as the principal section) comes into force shall, until the Minister otherwise directs, be the areas for which Area Committees are to be established under the principal section, and the persons who were immediately before that date chairmen and members of a Transport Users Consultative Committee for any such area shall, unless—

(a)they were appointed under paragraph (c) of subsection (4) of the said section six (which relates to persons nominated by the Commission), or

(b)the Minister otherwise directs,

constitute the Area Committee for that area under the principal section until the expiration of their appointments.

Pending representations and recommendations about railway passenger closures

9If immediately before the date on which the principal section comes into forces—

(a)there is before the Central Transport Consultative Committee established under the said section six a representation with respect to any proposal by the Commission to discontinue all railway passenger services from any station or on any line (hereinafter referred to as a closure), or a recommendation from a Transport Users Consultative Committee for any area in respect of such a representation lodged with that committee ; or

(b)there is before the Transport Users Consultative Committee for any area such a representation as aforesaid,

the Central Committee established under this Act, or the Area Committee for the corresponding area, as the case may be, shall forthwith inform the Minister and the Commission or the Board concerned, and the closure shall not be proceeded with until the committee has reported to the Minister and the Minister has given his consent; and the provisions of subsections (9) to (11) and (13) of the principal section shah apply as if the committee were an Area Committee with whom an objection to the closure in question had been lodged under that section and as if the consent of the Minister to the closure were required under that section.

Other pending matters

10(1)If immediately before the date on which the principal section comes into force there is before the Central Transport Consultative Committee any matter, other than a matter to which the last foregoing paragraph applies, being a matter within the competence of the Central Committee, the Central Committee may deal with that matter as if it had come before the Committee under the principal section.

(2)If immediately before the date on which the principal section comes into force there is before the Transport Users Consultative Committee for any area, any matter, other than a matter to which the last foregoing paragraph applies, being a matter within the competence of the Area Committee for the corresponding area, that Committee may deal with that matter as if it had come before the committee under the principal section.

Directions

11(1)If when the principal section comes into force there is before the Minister a recommendation of the Central Transport Consultative Committee or the Transport Users Consultative Committee for Scotland or for Wales and Monmouthshire—

(a)with respect to any proposed closure, or

(b)with respect to any other matter,

the Minister may in connection with the closure, or with respect to the other matter dealt with in the recommendation, as the case may be, from time to time give to the Commission or to any Board such directions as he thinks fit.

(2)The principal section shall not apply to a closure in connection with which directions can be given under the foregoing sub-paragraph.

(3)If When the principal section comes into force the Commission are providing, or assisting in the provision of, alternative services in connection with a closure which has taken place before that date, the Minister may from time to time give to the Commission or the Board concerned such directions with respect to those services, or any other services in substitution for, or in addition to, those services, as he thinks fit.

(4)The Minister may refer to an Area Committee any matter relating to alternative services provided 'by or with the assistance of the Commission or a Board—

(a)in pursuance of a direction under this paragraph, or

(b)otherwise than in pursuance of such a direction, if a direction with respect to those services could have been given under this paragraph, or

(c)in connection with a closure which has taken place before the principal section comes into force,

and the Committee shall consider and report to the Minister on that matter.

PART IVPensions

Employees' rights to continue to participate in pension schemes after transfer

12(1)A person who at any time after the passing of this Act and before the vesting date ceases to be in the employment of the Commission and thereupon becomes an employee of a subsidiary of the Commission or an employee of a Board or of the Holding Company shall not in consequence cease to be eligible to participate in any pension scheme in which he was a participant immediately before he ceased to be in the employment of the Commission.

(2)A person who at any time after the passing of this Act and before the vesting date ceases to be in the employment of a subsidiary of the Commission and thereupon becomes an employee of the Commission or of another subsidiary of the Commission, or an employee of a Board or of the Holding Company, shall not in consequence cease to be eligible to participate in any pension scheme in which he was a participant immediately before he ceased to be in the employment of the first-mentioned subsidiary of the Commission.

(3)A person who on the vesting date ceases to be in the employment of the Commission and thereupon becomes an employee of a Board or a subsidiary of a Board, or of the Holding Company or of a subsidiary of the Holding Company, shall not in consequence cease to be eligible to participate in any pension scheme in which he was a participant immediately before he ceased to be in the employment of the Commission.

(4)A person who on the vesting date ceases to be in the employment of a subsidiary of the Commission and thereupon becomes an employee of a Board or a subsidiary of a Board, or of the Holding Company or of a subsidiary of the Holding Company, shall not in consequence cease to be eligible to participate in any pension scheme in which he was a participant immediately before he ceased to be in the employment of the subsidiary of the Commission.

(5)In the application of this paragraph 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 references to being eligible to participate in a pension scheme shall be construed accordingly.

13(1)The Minister may make orders with respect to the provision of pensions by a subsidiary of the Commission, or by a Board or the Holding Company, in the period before the vesting date, and shall in exercise of his power under this paragraph make such provision as appears to him expedient for ensuring that persons who become employees of the Hotel Company before the vesting date, whether previously in the employment of the Commission or not, are afforded such pension rights as they would have had if the Hotel Company's undertaking had formed part of the Commission's undertaking until the vesting date.

(2)Subsections (3) to (9) of section seventy-four of this Act shall apply to orders under this paragraph with any necessary modifications.

(3)An order under the said section seventy-four may amend or revoke an order under this paragraph.

Provisions to be included in orders about pensions

14(1)The Minister shall in exercise of the powers conferred on him by section seventy-four of this Act provide for the transfer on the vesting date of the rights, liabilities and functions of the Commission relating to pensions or pension schemes, and any securities held by the Commission on trust for a pension scheme, to the Boards and the Holding Company or, in such cases as appear to the Minister appropriate, to a subsidiary of a Board or a subsidiary of the Holding Company, or to trustees or to the persons administering a pension scheme, and, except so far as is provided by an order under the said section seventy-four, Part II of this Act shall not apply to any such rights, liabilities, functions or property.

(2)The Minister shall, in exercise of the powers conferred on him by section seventy-four of this Act, make such provision as appears to him expedient—

(a)with respect to persons who in consequence of the reorganisation effected by this Act leave the employment of the Commission at any time after the passing of this Act—

(i)so as to enable those who become employees of any of the Boards or the Holding Company, or of a subsidiary of any of the Boards or of the Holding Company, and who suffer any diminution of their emoluments or change in the nature or terms of their employment in consequence of the re-organisation effected by this Act, to avoid any corresponding diminution in, or consequent loss of, any pension, and

(ii)so as to preserve the rights under any pension scheme of those who do not become employees of any such body ; and

(b)for modifying contributory pension schemes so as to afford to persons who become employees of any such body after the vesting date opportunities for participation similar to those afforded to persons who are in comparable service with the body and who entered the employment of the body on or before the vesting date.

(3)Paragraph 12 of this Schedule shall have effect subject to any order under section seventy-four of this Act taking effect at any time after the vesting date.

Existing pensions payable by Commission as of grace

15(1)This paragraph applies to annual and other periodical payments which the Commission have been making in the period before the vesting date, but which the Commission are not by law obliged to make.

(2)The Commission shall as soon as practicable after the passing of this Act prepare a scheme for the distribution among the Boards and the Holding Company of responsibility for continuing to make the annual or other periodical payments to which this paragraph applies in accordance with the arrangements under which the Commission were making those payments.

(3)A scheme under this paragraph—

(a)may require the Boards and the Holding Company to give to the persons by whom payments will be receivable in accordance with the scheme information as to the effect of the scheme, and

(b)may provide for any of those bodies contributing to the expenses incurred by any other of them, and

(c)may contain such other supplementary, incidental and consequential provisions as appear to the Commission expedient.

(4)The Commission shall submit any such scheme to the Minister and, if the Minister is satisfied that responsibility for the payments is distributed among the said bodies in an appropriate manner and that the scheme contains sufficient particulars to enable them to discharge their duties under the scheme, he shall approve the scheme.

(5)Notice that the scheme has been so approved shall be published by the Commission in the London and Edinburgh Gazettes.

(6)The payments which the Boards and the Holding Company are respectively to make in accordance with a scheme approved under this paragraph shall be recoverable by proceedings in any court of competent jurisdiction.

(7)An order under section seventy-four of this Act may vary the provisions of a scheme under this paragraph.

16(1)If it appears to the Minister, upon representations made to him by, or on behalf of, any person, or class of persons, affected, that any pensions for persons employed before, but retiring after, the vesting date, or any other pensions payable after the vesting date (other than by way of continuing periodical payments which the Commission have been making in the period before the vesting date) would be receivable, although not as of right, under arrangements made by or with the Commission before the vesting date and that they ought to be receivable as of right, he shall by order direct the Commission by a scheme under the last foregoing paragraph to distribute among the Boards and the Holding Company responsibility for making payments under the arrangements specified in the order as if those payments were payments which the Commission were making in the period before the vesting date.

(2)An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Continuation of existing pension regulations, etc.

17(1)Sections ninety-eight to one hundred of the Transport Act, 1947, and section twenty-seven of the Transport Act, 1953 (which relate to pensions), shall cease to have effect on the vesting date, but that shall not affect—

(a)regulations made under the said section ninety-eight or the said section twenty-seven, or

(b)any liability in relation to customary obligations arising by virtue of subsection (2) of the said section ninety-nine and transferred under this Part of this Schedule, or

(c)the participation in any pension scheme of a person who became such a participant before the vesting date by virtue of subsection (3) of the said section ninety-nine, or

(d)the provisions of subsections (3) and (4) of the said section ninety-nine and the said section one hundred as they apply to service before the vesting date.

(2)If at any time after the vesting date the Minister is satisfied, or it is determined under the next following sub-paragraph, that regulations under the said section ninety-eight have failed to secure the result mentioned in subsection (3) of that section (that is to say that certain persons having pension rights are not placed in any worse position by reason of provisions of the regulations), the Minister shall as soon as possible exercise the power conferred on him by section seventy-four of 'this Act to make the necessary amendments.

(3)If—

(a)any dispute arises between the Minister and any persons as to whether the said result has been secured by any regulations under the said section ninety-eight, or

(b)any question arises as to the existence or extent of any customary obligation arising by virtue of subsection (2) of the said section ninety-nine and transferred under this Part of this Schedule,

the dispute or question shall, in default of agreement, be referred for determination to a referee or board of referees appointed by the Minister of Labour, after consultation with the Lord Chancellor or, where the proceedings are to be held in Scotland, after consultation with the Secretary of State ; and the Boards shall give effect to any determination under paragraph (b) of this sub-paragraph.

(4)The Minister of Labour may, with the consent of the Treasury, pay out of money provided by Parliament—

(a)to any referee or to the members of any board of referees appointed under the last foregoing sub-paragraph such fees and allowances as he may with the consent of the Treasury determine, and

(b)to persons giving evidence before any such referees or board such allowances as he may with the consent of the Treasury determine.

(5)Nothing in the Arbitration Act, 1950, shall be construed as applying to any proceedings before a referee or board of referees appointed under this paragraph.

(6)It is hereby declared that where actual service in the employment of the Commission immediately precedes or follows service which is treated as such by virtue of subsection (4) of section ninety-nine of the Transport Act, 1947, for the purposes of a pension scheme, the two periods of service shall be treated for those purposes as continuous.

PART VConsequences of Dissolution of Commission

Accounts, audit and report

18(1)The Railways Board shall prepare a statement of the Commission's accounts for the period from the end of that dealt with in the last annual statement of accounts published by the Commission down to the vesting date.

(2)The statement shall be in such form and contain such particulars, compiled in such manner, as the Minister may direct, with the approval of the Treasury, and the Minister may, if the said period exceeds twelve months, with the approval of the Treasury direct that parts of that period shall be dealt with in separate statements.

(3)Any such statement shall be so framed as to provide, as far as may be, separate information as respects the principal activities of the Commission, and in combination with the periodical statistics and returns rendered by the Commission to show, as far as may be, the financial and operating results of each such activity, and the Minister and the Treasury shall exercise their powers under this paragraph accordingly.

(4)Section three of the Transport (Railway Finances) Act. 1957 (which requires the Commission to keep a special account relating to deficits on revenue account), shall apply with the necessary modifications to any such statement as it applies to the annual statement of accounts of the Commission.

(5)In this Act the statement to be prepared under this paragraph, or if separate statements are prepared for parts of the said period, the statement relating to the later part of the period, is referred to as " the final accounts of the Commission ".

19(1)The Minister shall arrange that auditors are appointed under subsection (3) of section ninety-four of the Transport Act, 1947, for a final period, whether of twelve months or of more or less than twelve months, ending on the vesting date, and the auditors so appointed shall, if the audit is not completed on the vesting date, continue and complete the audit after the vesting date.

(2)Any liability to pay the remuneration of the auditors so appointed outstanding on the vesting date shall be transferred to the Railways Board.

20The Railways Board shall send a copy of any statement of accounts prepared under paragraph 18 of this Schedule, together with a copy of the report made by the auditor or auditors on that statement, to the Minister.

21The Railways Board shall be given by the other Boards and the Holding Company all such facilities and information as the Railways Board may require for the purpose of discharging their duty under this Part of this Schedule, and of enabling the auditors to complete any audit after the vesting date.

22(1)The Railways Board shall as soon as possible after the vesting date make to the Minister a report on the exercise and performance by the Commission of their functions during any period not dealt with in the reports made by the Commission under subsection (7) of section four of the Transport Act, 1947, and that report shall set out any direction given by the Minister to the Commission during that time, unless the Minister has notified to the Commission or the Railways Board his opinion that it is against the interests of national security to do so, and shall include a statement of the salary or fees and of the emoluments of each of the members of the Commission during the period.

(2)A copy of any statement prepared under paragraph 18 of this Schedule, and of the report made by the auditor or auditors on that statement, shall be included in the said report; and the Minister shall lay a copy of the report before each House of Parliament.

Pensions and other payments to members of the Commission

23(1)Part II of this Act shall not apply to any liability of the Commission to make any payment by way of pension or otherwise to a member of the Commission, but all such liabilities shall be transferred on the vesting date to the Railways Board.

(2)The Minister may after the vesting date with the approval of the Treasury make any such determination with respect to the payment by the Railways Board of any pension in respect of a member of the Commission as he might have made under paragraph (b) of subsection (7) of section one of the Transport Act, 1947, before the vesting date for the making of a payment by the Commission.

(3)On the vesting date there shall be transferred to the Railways Board any liability of the Commission under section seventy-nine of this Act as regards a member of the Commission.

24The London Board, the Docks Board, the British Waterways Board and the Holding Company shall pay to the Railways Board such amounts as may be just having regard to the liabilities assumed by the Railways Board under the last foregoing paragraph, and any dispute as to what ought to he paid under this paragraph shall be referred to and determined by the Minister.

Sections 43 and 52.

EIGHTH SCHEDULETransport Charges and Facilities

Sections 50 and 51.

NINTH SCHEDULEPort Charges

Ship, passenger and merchandise dues

1(1)The ship, passenger and merchandise dues chargeable by the Docks Board at the harbours at Hull (including Salt End), Fleetwood, Grimsby and Lowestoft shall not exceed the maximum charges in force immediately before this Schedule comes into force, that is to say those authorised by the British Transport Commission (Hull Harbour) Charges Scheme, 1960, the British Transport Commission (Fleetwood Harbour) Charges Scheme, 1960, the British Transport Commission (Grimsby Harbour) Charges Scheme, 1960, and the British Transport Commission (Lowestoft Harbour) Charges Scheme, 1960.

(2)The charges authorised by the said Charges Schemes in respect of such ship dues as are charges made in respect of marking and lighting the harbour in question, shall, for the purposes of this paragraph, be deemed to be the charges in operation at that harbour immediately before this Schedule comes into force.

2(1)This paragraph applies to ship, passenger and merchandise dues chargeable by the Docks Board and the Railways Board, at the following harbours—

(2)The said dues shall not exceed the charges in operation at the harbour in question on the first day of September, nineteen hundred and fifty-seven, increased by twenty-five per cent.

(3)Where any merchandise shipped or unshipped into or from a ship entering, using or leaving the harbour is not described in any list or classification of merchandise by reference to which the charges in operation at that harbour on the first day of September, nineteen hundred and fifty-seven, were calculated, the maximum dues chargeable in respect thereof shall be the maximum dues chargeable in the case of whatever merchandise described in the said list or classification most nearly resembles it in its nature, packing and quality.

3(1)This paragraph applies to the ship, passenger and merchandise dues chargeable by the Docks Board and the British Waterways Board at the following harbours—

and by the Railways Board at Fishguard harbour (which is managed by them under an agreement confirmed by section fifty-nine of the Fishguard and Rosslare Railways and Harbours Act, 1899) and at any harbour which is vested in the Railways Board by this Act except a harbour to which paragraph 2 of this Schedule applies.

(2)The said dues shall not exceed the charges, if any, in operation at the harbour in question on the second day of November, nineteen hundred and sixty-one, increased by twenty-five per cent.

(3)The said dues shall, in any case in which no corresponding charges were in operation at the harbour in question on the second day of November, nineteen hundred and sixty-one, be such as may be reasonable.

4In calculating any maximum charge for the purposes of paragraphs 2 and 3 of this Schedule, fractions of a halfpenny amounting to a farthing or more shall be reckoned as a halfpenny and fractions amounting to less than a farthing shall be disregarded.

Other port charges

5The port charges, other than ship, passenger and merchandise dues, made by the Docks Board, the Railways Board and the British Waterways Board at any of the harbours to which paragraphs 1, 2 and 3 of this Schedule apply shall be such as may be reasonable.

General

6(1)A list showing the port charges for the time being payable to a Board at any harbour to which paragraph 1, 2 or 3 of this Schedule applies shall be open during reasonable hours for inspection by any person without charge at the harbour office of the Board, and copies of the list shall be kept for sale at that office at a price not exceeding one shilling for each copy.

(2)The provisions of sections twenty-seven to forty-six and section forty-eight of the Harbours, Docks and Piers Clauses Act, 1847, as incorporated with or applied by any enactment relating to any of the harbours for which the charges are regulated by this Schedule, and the provisions of any similar enactment, shall apply to the charges authorised under this Act as if they were rates payable under any such enactment.

Section 57.

TENTH SCHEDULEConstitution, Powers and Proceedings of the Transport Tribunal

Constitution

1The Transport Tribunal shall be a court of record and have an official seal which shall be judicially noticed.

2(1)The tribunal shall consist of a president who shall be an experienced lawyer and four other members of whom two shall be persons of experience in transport business, one a person of experience in commercial affairs and one a person of experience in financial matters or economics.

(2)The president shall direct, either generally or for the purpose of a particular case, which of the members qualified as having experience in transport business is to serve in the London Fares and Miscellaneous Charges Division and the Road Haulage Appeals Division respectively.

3The members of the tribunal shall be appointed by Her Majesty on the joint recommendation of the Lord Chancellor and the Minister.

Tenure of office

4(1)The president shall hold office during good behaviour, but shall vacate office at the end of the completed year of service in the course of which he attains the age of seventy-two years:

Provided that—

(a)where the Lord Chancellor and the Minister concur in considering it desirable in the public interest to retain the president in his office after he attains that age, they may, with the approval of the Treasury, authorise his continuance in office up to such greater age not exceeding seventy-five years as they think fit; and

(b)the power of Her Majesty to remove the president from his office on account of misbehaviour shall be exercisable on the joint recommendation of the two persons aforesaid ; and Her Majesty, on a like recommendation, shall have power to remove him from his office on account of inability to perform the duties thereof.

(2)The other members of the tribunal shall hold office for such term not exceeding seven years from the date of their appointment as may be determined at the time of appointment and then retire, but a retiring member shall be eligible for re-appointment.

(3)A person shall not be appointed under the last foregoing sub-paragraph for a term extending beyond the end of the completed year of service in the course of which he attains the age of seventy years, except that, where the Lord Chancellor and the Minister concur in considering it to be desirable in the public interest that a person should be appointed for a term extending beyond that date, that person may, with the approval of the Treasury, be appointed for such term not extending beyond the date on which he attains the age of seventy-five years, as the Lord Chancellor and the Minister think fit.

Vacancies and temporary absence

5(1)The tribunal may act notwithstanding any vacancy, but if a vacancy occurs among the members of the tribunal or if any member is unable to attend because of illness or for any other cause, then pending the filling up of such vacancy or during such absence—

(a)in the case of the president, the Lord Chancellor may appoint a person to act in his place ; and

(b)in the case of any other member, the Minister may appoint a person of the like qualifications to act in his place.

(2)A person shall not be appointed to act under paragraph (a) of the last foregoing sub-paragraph after he attains the age of seventy-two years, or under paragraph (b) of that sub-paragraph after he attains the age of seventy years, except where the Lord Chancellor or the Minister, as the case may be, think it desirable in the public interest, but no person shall be appointed to act after he attains the age of seventy-five years.

(3)Any person appointed under this paragraph shall, for the purposes of any proceedings in respect of which he may be so appointed, be a member of the tribunal and shall, subject to the provisions of this Act and to the rules made thereunder, exercise all the powers and functions of a member of the tribunal.

(4)Any person appointed under this paragraph in place of a member of the Road Haulage Appeals Division shall be regarded as a member of that Division for the purposes of subsection (5) of section fifty-seven of this Act.

The special panel

6(1)For the purposes of the tribunal's jurisdiction under Part IV of the Road Traffic Act, 1960, there shall be a special panel consisting of such number of persons nominated by the Lord Chancellor, such number of persons nominated by the Secretary of State and such number of persons nominated by the Minister, as the Minister may direct.

(2)A member of the special panel shall hold office for such term, not exceeding three years from the date of his appointment, as may be determined at the time of the appointment, and then retire, but shall be eligible for re-appointment.

(3)A person shall not be appointed under this paragraph for a term extending beyond the end of the completed year of service in the course of which he attains the age of seventy years, except that where the Lord Chancellor, the Secretary of State or the Minister, as the case may be, consider it to be desirable in the public interest that a person should be appointed for a term extending beyond that date, that person may, with the approval of the Treasury, be appointed for such term not extending beyond the date on which he attains the age of seventy-five years, as the Lord Chancellor, the Secretary of State or the Minister, as the case may be, thinks fit.

(4)Sub-paragraph (3) of the last foregoing paragraph shall apply in relation to a person appointed under this paragraph as it applies in relation to a person appointed under that paragraph.

Officers and servants

7The tribunal may appoint a clerk and such other officers and servants (subject to the consent of the Treasury as to number) as they may consider necessary for assisting them in the proper execution of their duties.

Remuneration and expenses

8(1)There shall be paid to the members of the tribunal, to any person appointed under paragraph 5 of this Schedule, to any person appointed from the special panel and to the clerk, officers and servants of the tribunal such remuneration (including, in the case of the clerk, officers and servants, superannuation allowances or gratuities on retirement) as the Minister, with the approval of the Treasury, may determine, and for the reference in Part I of the Schedule to the Superannuation (Various Services) Act, 1938, to subsection (1) of section twenty-one of the Railways Act, 1921, there shall be substituted a reference to this paragraph.

(2)There may be granted to the president such a superannuation allowance as may under subsection (1) of section one hundred and twenty-eight of the Supreme Court of Judicature (Consolidation) Act, 1925, be granted to a person holding one of the offices specified in Part I of the Third Schedule to that Act.

(3)For the purpose of computing a superannuation allowance granted to the president account shall be taken of any service which is relevant service within the meaning of the Administration of Justice (Pensions) Act, 1950, in any office other than that of president, as well as of service as president, but not of any other service.

(4)Any such superannuation allowance shall be defrayed as pant of the expenses of the tribunal except that if, in computing the superannuation allowance, account is taken under the last foregoing sub-paragraph of any service in an office other than that of president of the tribunal, the allowance shall be defrayed only as to a proportion as part of the expenses of the tribunal, and as to the balance out of money provided by Parliament; and the said proportion shall be determined by the Treasury, regard being had to the relevant length of service and rate of remuneration in the relevant offices.

(5)In subsection (4) of section twenty-one of the Administration of Justice (Pensions) Act, 1950 (which relates to benefits under that Act payable in respect of a president of the tribunal), the reference to the foregoing provisions of that section shall include a reference to this paragraph, and in paragraph 4 of the Third Schedule to that Act, for the reference to subsection (2) of section three of the Chairmen of Traffic Commissioners &c. (Tenure of Office) Act, 1937, there shall be substituted a reference to this paragraph.

9Any remuneration payable under the last foregoing paragraph and any other expenses of the tribunal shall be paid by the Minister out of money provided by Parliament, but any such expenses except so far as—

(a)they are met out of the payment of fees, and

(b)they may be apportioned by the tribunal to the exercise of the tribunal's jurisdiction under Part IV of the Road Traffic Act, 1960,

shall be repaid on demand to the Minister by the Commission or, after the vesting date, by the Railways Board and the London Board in such proportions as they may agree or as the Minister may in default of agreement determine.

Powers and proceedings

10(1)The tribunal shall, for the purposes of the exercise of any of their functions, have full jurisdiction to hear and determine all matters whether of law or of fact, and shall, as respects the attendance and examination of witnesses, the production and inspection of documents, the enforcement of their orders, the entry on and inspection of property and other matters necessary or proper for the due exercise of their jurisdiction, have, in England, all such powers, rights and privileges as are vested in the High Court, and, in Scotland, all such powers, rights and privileges as are vested in the Court of Session.

(2)Execution may be had in England of any order of the tribunal as if it were an order of the High Court, and any order of the tribunal may be recorded for execution in the books of council and session in Scotland, and shall be enforceable accordingly.

11(1)The tribunal may, from time to time, with the approval of the Lord Chancellor, the Secretary of State and the Minister, make general rules governing their procedure and practice and generally for carrying into effect their duties and powers, and such rules may, among other things, provide for—

(a)the awarding of costs by the tribunal ;

(b)the reference of any question to a member or officer of the tribunal, or any other person appointed by them, for report after holding a local inquiry ;

(c)the review by the tribunal of decisions previously given by them ;

(d)the number of members of the tribunal to constitute a quorum (including the quorum of either Division of the tribunal);

(e)enabling the tribunal to dispose of any proceedings notwith standing that in the course of those proceedings there has been a change in the persons sitting as members of the tribunal;

(f)the right of audience before the tribunal ;

and may, subject to the consent of the Treasury, prescribe the scale of fees for and in connection with the proceedings before the tribunal.

(2)Any rules under subsection (1) of section twenty-two of the Railways Act, 1921 (which is replaced by this paragraph), which are in operation immediately before this Schedule comes into force shall have effect as if /they were made under .this paragraph.

12(1)The Minister shall give to the tribunal such assistance as the tribunal may require.

(2)The Minister shall place at the disposal of the tribunal any information in his possession which he considers will be of assistance to the tribunal in connection with any matter before them, and shall be entitled to appear and be heard in any proceedings before the tribunal.

13Subject to this Act and to any rules made thereunder, the tribunal may hold sittings in any part of Great Britain in such place or places as may be convenient for the determination of the proceedings before them.

The central office of the tribunal shall be in London.

14The decisions of the tribunal shall be by a majority of the members sitting.

Appeals

15(1)An appeal shall lie, in accordance with rules made by the tribunal, from the tribunal to the Court of Appeal or to the Court of Session:

Provided that no appeal shall lie from the tribunal upon a question of fact or locus standi.

(2)An appeal shall not be brought except in conformity with such rules of court as may from time to time be made in relation to such appeals by the authority having power to make rules of court for the Court of Appeal or the Court of Session as the case may be.

(3)On the hearing of an appeal the Court of Appeal and the Court of Session may draw all such inferences as are not inconsistent with the facts expressly found and are necessary for determining the question of law, and may make any order which the tribunal could have made, and also any such further or other order as may be just; and the costs of and incidental to an appeal shall be at the discretion of the Court but neither the tribunal nor any member of the tribunal shall be liable to any costs by reason or in respect of any appeal.

(4)The decision of the Court of Appeal or the Court of Session, as the case may be, shall be final:

Provided that where there has been a difference of opinion between those Courts, either of those Courts in which a matter affected by such a difference of opinion is pending may give leave to appeal to the House of Lords on such terms as to costs as that Court shall determine.

Annual report

16The tribunal shall annually make a report to the Minister of all their proceedings, and the report shall be laid before Parliament.

Section 93.

ELEVENTH SCHEDULEApplication to Northern Ireland

PART IProvisions extending to Northern Ireland

Part I except sections twelve, fifteen and twenty-six. Part II except section forty-one.

In Part III, section forty-three, section fifty-three and section fifty-four.

In Part IV, sections fifty-five and fifty-six ; section sixty-seven, so far as it relates to bylaws in relation to passengers and goods conveyed in or on ships operated by the Railways Board and as to their embarkation and disembarkation ; sections seventy-two to seventy-seven ; sections seventy-nine to eighty-one ; section eighty-five ; sections eighty-eight to ninety ; section ninety-three ; sections ninety-two and ninety-four to ninety-six, so far as they relate to provisions of this Act extending to Northern Ireland.

The First to the Eighth Schedules.

This Schedule.

The Twelfth Schedule so far as it relates to the Transport Act, 1947, sections sixteen, seventeen and twenty-five of the Transport Act, 1953, and the House of Commons Disqualification Act, 1957.

PART IIModifications

1In subsection (5) of section two and in paragraph 15 of the Seventh Schedule, the references to the London and Edinburgh Gazettes shall include a reference to the Belfast Gazette.

2In section seventeen, references to Bills in Parliament shall include references to Bills in the Parliament of Northern Ireland.

3In subsection (8) of section thirty-four, for references to the Minister of Labour and the industrial court there shall be substituted, in relation to service in Northern Ireland, references to the Ministry of Labour and National Insurance for Northern Ireland and to an industrial court established in Northern Ireland under the Industrial Courts Act, 1919.

4In subsection (2) of section seventy-two, the reference to the Minister of Labour shall, in relation to agreements affecting persons employed by the Board or the Holding Company in Northern Ireland, include a reference to the Ministry of Labour and National Insurance for Northern Ireland.

5In subsection (5) of section seventy-four, the reference to the Truck Acts, 1831 to 1940, and the Shop Clubs Act, 1902, shall include a reference to any corresponding enactments for the time being in force in Northern Ireland.

6A referee or board of referees for the purposes of section seventy-four, section eighty-one or paragraph 17 of the Seventh Schedule shall, where the proceedings are to be held in Northern Ireland, be appointed by the Ministry of Labour and National Insurance for Northern Ireland after consultation with the Lord Chief Justice of Northern Ireland.

7In subsection (6) of section seventy-four, subsection (7) of section eighty-one, and paragraph 17 of the Seventh Schedule, for references to the Arbitration Act, 1950, there shall be substituted references to the Arbitration Act (Northern Ireland), 1937.

8In subsection (9) of section seventy-four, for the reference to subsection (4) of section sixty-nine of the National Insurance Act, 1946, there shall be substituted a reference to subsection (4) of section sixty-six of the National Insurance Act (Northern Ireland), 1946.

9In sub-paragraph (3) of paragraph 1 of the Sixth Schedule, for the reference to section sixty-four of the Law of Property Act, 1925, there shall be substituted a reference to section nine of the Conveyancing Act, 1881.

10An arbitrator for the purposes of paragraph 3 of the Sixth Schedule shall, where the proceedings are to be held in Northern Ireland, be appointed by the Lord Chief Justice of Northern Ireland.

11References to enactments or statutory provisions include references to enactments of the Parliament of Northern Ireland and provisions, whether of a general or a special nature, contained in, or in any document made or issued under, any Act of the Parliament of Northern Ireland, whether of a general or a special nature.

Section 95.

TWELFTH SCHEDULERepeals

PART ITransport Charges and Facilities

PART IIPublic Acts