Transport Act 1962

1 (1) It shall be the duty of the Boards [F1 and Canal & River Trust] 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— U.K.

(a) afford to each Board as against the other Boards [F2 or, as the case may be, Canal & River Trust] such rights and safeguards as they may require for the proper discharge of their functions, and

[F3 (aa) afford to Canal & River Trust as against the 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 [F4 or, as the case may be, Canal & River Trust],

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(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 M1 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(6) In the application of this paragraph to Scotland there shall be omitted, . . . F6 in sub-paragraph (3), the words from “and section sixty-four” to the end of the sub-paragraph.

Textual Amendments

F1 Words in Sch. 6 para. 1(1) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 28(2)(a) (with arts. 4-6)

F2 Words in Sch. 6 para. 1(1)(a) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 28(2)(b) (with arts. 4-6)

F3 Sch. 6 para. 1(1)(aa) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 28(2)(c) (with arts. 4-6)

F4 Words in Sch. 6 para. 1(1)(b) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 28(2)(d) (with arts. 4-6)

F5 Schs. 3–5, 6 para. 1(2)(4) Sch. 7 Pt. I paras. 3, 4 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI

F6 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI

Marginal Citations

M1 1925 c. 20.