Transport Act 1962

46 Applications for orders

(1) An application for an order under the last foregoing section may be made to the Transport Tribunal—

(a) by the London Board or by the Railways Board, or

(b) by any representative body,

and shall be accompanied by a written case in support of the application.

(2) The London Board and the Railways Board may make a joint application under this section.

(3) The Transport Tribunal shall not entertain any application under this section by a representative body where in their opinion the application relates to a matter—

(a) which has been the subject of consideration by the tribunal within the twelve months preceding the making of the application, or

(b) which is of such magnitude that it should not be dealt with except as the result of such a review as is provided for by the next following section.

(4) The London Board and the Railways Board shall make such applications under this section as appear to them to be necessary in order to secure that their charges subject to the London fares orders make a proper contribution to the discharge of their financial duty, taking into account their present circumstances and future prospects and any directions given to them by the Minister under this Act.

In this subsection " financial duty " has the same meaning as in subsection (4) of the last foregoing section.

(5) Where an application is made under this section (not being an application which the tribunal refuse to entertain) the person making the application shall publish it in such manner as the tribunal may direct together with a notice stating where copies of the written case submitted in support of the application are available and specifying the time and manner (which shall be determined by the tribunal) in which objections to the application and other representations with respect thereto may be lodged with the tribunal by either of the Boards or by any representative body.

(6) As soon as may be after the time for lodging objections and representations has elapsed, the tribunal shall hold a public inquiry and shall at that inquiry hear the applicant and (where they are not the applicant) the Boards, and any representative body which has duly lodged with the tribunal an objection or other representation with respect to the application.

(7) The Transport Tribunal shall not vary any charge other than those to which the application relates unless the tribunal is satisfied that the Board concerned and such other persons as appear to the tribunal to have a substantial interest have had an opportunity of being heard thereon but, subject to that, the tribunal may on the application make such order, if any, as they think fit, and particulars of the order shall, unless the tribunal determine that in all the circumstances publication is unnecessary, be published in such manner as the tribunal may specify.

(8) In this and the next following section the expression " representative body " means any body representative of, or of any section of, passengers travelling on journeys or routes the charges for which are subject to the London fares orders, and—

(a) the London County Council, the council of any metropolitan borough and the Common Council of the City of London, and

(b) the council of any county or county borough outside the county of London but wholly or partly within the London Passenger Transport Area, and

(c) the council of any non-county borough or urban district wholly or partly within that Area and having a population of not less than fifty thousand according to the last census for the time being.