Transport Act 1962

67 Byelaws for railways and railway shipping services.E+W

(1)The Railways Board [F1may] make bylaws regulating the use and working of, and travel on, their railways, the maintenance of order on their railways and railway premises, including stations and the approaches to stations, and the conduct of all persons, including their officers and servants, while on those premises, and in particular bylaws—

(a)with respect to tickets issued for entry on their railway premises or travel on their railways and the evasion of payment of fares and other charges,

(b)with respect to interference or obstruction of the working of the railways,

(c)with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances;

(d)with respect to the receipt and delivery of goods, and

(e)for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the [F2Board] and intended for the use of those on foot.

(2)The Railways Board may make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation.

F3 [F4( 2A )] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(3)Any byelaws made under this section may provide—

(a)in the case of byelaws made by virtue of subsection (1) above, that any person contravening them shall be liable on summary conviction to a penalty not exceeding [F6level 3 on the standard scale] for each offence; and

(b)in the case of byelaws made by virtue of subsection (2) above, that any person contravening them shall be liable on summary conviction to a fine not exceeding [F6level 2 on the standard scale] for each offence and, in the case of such a contravention which continues after conviction, to a fine not exceeding £10 for each day on which the offence so continues.]

(4)Without prejudice to the taking of summary proceedings under the last foregoing subsection, if the contravention of any bylaw having effect under this section is attended with danger or annoyance to the public, or hindrance to a Board in the lawful use of their railway, it shall be lawful for the Board in question summarily to interfere to obviate or remove the danger, annoyance or hindrance.

(5)Bylaws under this section shall not come into operation until they have been confirmed by the Minister.

(6)At least twenty-eight days before application for confirmation of any bylaws is made the Board in question shall publish in such manner as may be approved by the Minister a notice of their intention to apply for confirmation and of the place at which and the time during which a copy of the bylaws will be open for public inspection; and any person affected by any of the bylaws shall be entitled to make representations thereon to the Minister within a period of not less than twenty-eight days specified in the notice.

(7)For at least twenty-four days before application for confirmation of any bylaws is made under this section, a copy of the bylaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.

(8)The Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding [F750p] as the Board shall determine.

(9)The Minister may confirm with or without modification, or may refuse to confirm, any of the bylaws submitted under this section for confirmation and, as regards any bylaws so confirmed, may fix a date on which the bylaws shall come into operation; and if no date is so fixed the bylaws shall come into operation after the expiration of twenty-eight days after the date of confirmation.

[F8( 9A )The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.]

(10)A copy of the bylaws when confirmed shall be printed and deposited at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment, and the Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding [F750p] as the Board shall determine.

(11)The production of a printed copy of bylaws confirmed under this section on which is indorsed a certificate purporting to be signed by the secretary of the Board or of some person authorised by the Board to act in his stead in that behalf, stating—

(a)that the bylaws were made by the Board or by the Commission,

(b)that the copy is a true copy of the bylaws,

(c)that on a specified date the bylaws were confirmed by the Minister, and

(d)the date when the bylaws come into operation,

shall be prima facie evidence of the facts stated in the certificate.

(12)The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section.

(13)Sections one hundred and eight and one hundred and nine of the M1Railways Clauses Consolidation Act 1845, sections one hundred and one and one hundred and two of the M2Railways Clauses Consolidation (Scotland) Act 1845, section thirty-two of the M3Railways Clauses Act 1863, and section seven of the M4Regulation of Railways Act 1889, shall cease to have effect, but any bylaws under any of those enactments which were in force immediately before the vesting date and which applied in relation to any of the railways belonging to the Commission, or in relation to the ships operated by the Commission, shall continue in force and have effect as if made under this section, and subject to the provisions of Part II of this Act so far as applicable.

F9(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)In the bylaws made by the Commission under the said Acts of 1845 which relate to the railways of the Commission other than those of [F10London Regional Transport]which were confirmed by the Minister on the fifth day of December, nineteen hundred and fifty-seven,—

(a)for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16)Any power exercisable by the Docks Board or the British Waterways Board under any local enactment to make bylaws as regards any harbour comprised in their undertaking shall include power to make any such bylaws in relation to railways within the harbour as the Railways Board F12... have power to make under this section in relation to their railways.

(17)This section shall have effect as from the vesting date.

67 Byelaws for railways and railway shipping services.S

(1)The Railways Board and [F13the London Transport Executive] may each make bylaws regulating the use and working of, and travel on, their railways, the maintenance of order on their railways and railway premises, including stations and the approaches to stations, and the conduct of all persons, including their officers and servants, while on those premises, and in particular bylaws—

(a)with respect to tickets issued for entry on their railway premises or travel on their railways and the evasion of payment of fares and other charges,

(b)with respect to interference or obstruction of the working of the railways,

(c)with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances;

(d)with respect to the receipt and delivery of goods, and

(e)for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the Boards and intended for the use of those on foot.

(2)The Railways Board may make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation.

[F14(3)Any byelaws made under this section may provide—

(a)in the case of byelaws made by virtue of subsection (1) above, that any person contravening them shall be liable on summary conviction to a penalty not exceeding [F15level 3 on the standard scale] for each offence; and

(b)in the case of byelaws made by virtue of subsection (2) above, that any person contravening them shall be liable on summary conviction to a fine not exceeding [F15level 2 on the standard scale] for each offence and, in the case of such a contravention which continues after conviction, to a fine not exceeding £10 for each day on which the offence so continues.]

(4)Without prejudice to the taking of summary proceedings under the last foregoing subsection, if the contravention of any bylaw having effect under this section is attended with danger or annoyance to the public, or hindrance to a Board in the lawful use of their railway, it shall be lawful for the Board in question summarily to interfere to obviate or remove the danger, annoyance or hindrance.

(5)Bylaws under this section shall not come into operation until they have been confirmed by the Minister.

(6)At least twenty-eight days before application for confirmation of any bylaws is made the Board in question shall publish in such manner as may be approved by the Minister a notice of their intention to apply for confirmation and of the place at which and the time during which a copy of the bylaws will be open for public inspection; and any person affected by any of the bylaws shall be entitled to make representations thereon to the Minister within a period of not less than twenty-eight days specified in the notice.

(7)For at least twenty-four days before application for confirmation of any bylaws is made under this section, a copy of the bylaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.

(8)The Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding [F1650p] as the Board shall determine.

(9)The Minister may confirm with or without modification, or may refuse to confirm, any of the bylaws submitted under this section for confirmation and, as regards any bylaws so confirmed, may fix a date on which the bylaws shall come into operation; and if no date is so fixed the bylaws shall come into operation after the expiration of twenty-eight days after the date of confirmation.

[F17( 9A )The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.]

(10)A copy of the bylaws when confirmed shall be printed and deposited at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment, and the Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding [F1650p] as the Board shall determine.

(11)The production of a printed copy of bylaws confirmed under this section on which is indorsed a certificate purporting to be signed by the secretary of the Board or of some person authorised by the Board to act in his stead in that behalf, stating—

(a)that the bylaws were made by the Board or by the Commission,

(b)that the copy is a true copy of the bylaws,

(c)that on a specified date the bylaws were confirmed by the Minister, and

(d)the date when the bylaws come into operation,

shall be prima facie evidence of the facts stated in the certificate.

(12)The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section.

(13)Sections one hundred and eight and one hundred and nine of the M5Railways Clauses Consolidation Act 1845, sections one hundred and one and one hundred and two of the M6Railways Clauses Consolidation (Scotland) Act 1845, section thirty-two of the M7Railways Clauses Act 1863, and section seven of the M8Regulation of Railways Act 1889, shall cease to have effect, but any bylaws under any of those enactments which were in force immediately before the vesting date and which applied in relation to any of the railways belonging to the Commission, or in relation to the ships operated by the Commission, shall continue in force and have effect as if made under this section, and subject to the provisions of Part II of this Act so far as applicable.

(14)In the bylaws made by the London Transport Executive under the M9Railways Clauses Consolidation Act 1845, which were confirmed by the Minister on the thirteenth day of December, nineteen hundred and fifty-seven—

(a)for references to the Commission or the London Transport Executive there shall be substituted references to the London Board, and

(b)for references to the railways as there defined there shall be substituted references to the railways of the London Board.

(15)In the bylaws made by the Commission under the said Acts of 1845 which relate to the railways of the Commission other than those of the London Transport Executive which were confirmed by the Minister on the fifth day of December, nineteen hundred and fifty-seven,—

(a)for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16)Any power exercisable by the Docks Board or the British Waterways Board under any local enactment to make bylaws as regards any harbour comprised in their undertaking shall include power to make any such bylaws in relation to railways within the harbour as the Railways Board and the London Board have power to make under this section in relation to their railways.

(17)This section shall have effect as from the vesting date.

67 Byelaws for railways and railway shipping services.N.I.

(1)The Railways Board and [F18the London Transport Executive] may each make bylaws regulating the use and working of, and travel on, their railways, the maintenance of order on their railways and railway premises, including stations and the approaches to stations, and the conduct of all persons, including their officers and servants, while on those premises, and in particular bylaws—

(a)with respect to tickets issued for entry on their railway premises or travel on their railways and the evasion of payment of fares and other charges,

(b)with respect to interference or obstruction of the working of the railways,

(c)with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances;

(d)with respect to the receipt and delivery of goods, and

(e)for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the Boards and intended for the use of those on foot.

(2)The Railways Board may make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation.

(3)Any bylaws made under this section may provide that any person contravening them shall be liable on summary conviction to a penalty not exceeding [F19level 2 on the standard scale] for each offence.

(4)Without prejudice to the taking of summary proceedings under the last foregoing subsection, if the contravention of any bylaw having effect under this section is attended with danger or annoyance to the public, or hindrance to a Board in the lawful use of their railway, it shall be lawful for the Board in question summarily to interfere to obviate or remove the danger, annoyance or hindrance.

(5)Bylaws under this section shall not come into operation until they have been confirmed by the Minister.

(6)At least twenty-eight days before application for confirmation of any bylaws is made the Board in question shall publish in such manner as may be approved by the Minister a notice of their intention to apply for confirmation and of the place at which and the time during which a copy of the bylaws will be open for public inspection; and any person affected by any of the bylaws shall be entitled to make representations thereon to the Minister within a period of not less than twenty-eight days specified in the notice.

(7)For at least twenty-four days before application for confirmation of any bylaws is made under this section, a copy of the bylaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.

(8)The Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding [50p] as the Board shall determine.

(9)The Minister may confirm with or without modification, or may refuse to confirm, any of the bylaws submitted under this section for confirmation and, as regards any bylaws so confirmed, may fix a date on which the bylaws shall come into operation; and if no date is so fixed the bylaws shall come into operation after the expiration of twenty-eight days after the date of confirmation.

F20 [( 9A )The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.]

(10)A copy of the bylaws when confirmed shall be printed and deposited at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment, and the Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding [50p] as the Board shall determine.

(11)The production of a printed copy of bylaws confirmed under this section on which is indorsed a certificate purporting to be signed by the secretary of the Board or of some person authorised by the Board to act in his stead in that behalf, stating—

(a)that the bylaws were made by the Board or by the Commission,

(b)that the copy is a true copy of the bylaws,

(c)that on a specified date the bylaws were confirmed by the Minister, and

(d)the date when the bylaws come into operation,

shall be prima facie evidence of the facts stated in the certificate.

(12)The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section.

(13)Sections one hundred and eight and one hundred and nine of the M10Railways Clauses Consolidation Act 1845, sections one hundred and one and one hundred and two of the M11Railways Clauses Consolidation (Scotland) Act 1845, section thirty-two of the M12Railways Clauses Act 1863, and section seven of the M13Regulation of Railways Act 1889, shall cease to have effect, but any bylaws under any of those enactments which were in force immediately before the vesting date and which applied in relation to any of the railways belonging to the Commission, or in relation to the ships operated by the Commission, shall continue in force and have effect as if made under this section, and subject to the provisions of Part II of this Act so far as applicable.

(14)In the bylaws made by the London Transport Executive under the M14Railways Clauses Consolidation Act 1845, which were confirmed by the Minister on the thirteenth day of December, nineteen hundred and fifty-seven—

(a)for references to the Commission or the London Transport Executive there shall be substituted references to [F21the London Transport Executive], and

(b)for references to the railways as there defined there shall be substituted references to the railways of [F21the London Transport Executive].

(15)In the bylaws made by the Commission under the said Acts of 1845 which relate to the railways of the Commission other than those of the London Transport Executive which were confirmed by the Minister on the fifth day of December, nineteen hundred and fifty-seven,—

(a)for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16)Any power exercisable by the Docks Board or the British Waterways Board under any local enactment to make bylaws as regards any harbour comprised in their undertaking shall include power to make any such bylaws in relation to railways within the harbour as the Railways Board and [F22the London Transport Executive] have power to make under this section in relation to their railways.

(17)This section shall have effect as from the vesting date.