xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part XU.K. Miscellaneous and General

Modifications etc. (not altering text)

134 Duty to act in certain cases as body engaged in commercial enterprise.U.K.

(1)This section applies to the following authorities, namely, the Boards, the new authorities, and the Executive for any [F1designated area within the meaning of section 9(1)][F1area which is a passenger transport area for the purposes of Part II] of this Act.

(2)Every authority to whom this section applies who engage, either directly or through a subsidiary, in any activities authorised by any of the provisions specified in subsection (3) of this section shall in carrying on those activities act as if they were a company engaged in a commercial enterprise or, as the case may be, shall exercise their control over that subsidiary so as to ensure that the subsidiary in carrying on those activities acts as a company so engaged.

(3)The provisions referred to in subsection (2) of this section are—

(a)the following provisions of the Act of 1962, namely, subsections (2) to (4) of section 11 (which relate to certain development or acquisition of land);

(b)the following provisions of this Act, namely, sections. . . F2, 10(1)(viii), (xi), (xx)(b) and (xxii), 25(e) and (f), 26(1)(e)(ii), (f) and (k), 48(2), 49(1) to (4), 50(1) (so far as it relates to the provision of facilities at additional premises), and 50(2) to (5).

Textual Amendments

F1Words commencing “area which is" substituted (E.W.S.) for words commencing “designated" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 17

135 Compensation for loss of employment etc.E+W+S

(1)The Minister shall by regulations require the payment by such person as may be determined by or under the regulations, in such cases and to such extent as may be so determined, of compensation to or in respect of any person who is on the date of the happening of any of the following events, namely—

(a)a transfer of any property, rights or liabilities under section 4, 5, F3. . .28, 29, 53 or 144 of this Act; or

(b)any change in the manner in which the carrying on of the activities of the Railways Board or the Freight Corporation is organised made—

(i)in pursuance of a direction under section 6(1) or 45(5) of this Act; or

(ii)with the consent of the Minister in order to give effect to conclusions reported under the said section 45; or

(c)the making of any adaptations such as are mentioned in paragraph 5(4) of Schedule 16 to this Act; or

(d)the revocation under paragraph 10(1) of Schedule 6 to this Act of a consent granted under that Schedule,

or who has before that date been, in any employment so determined and who suffers any loss of employment, or loss or diminution of emoluments or pension rights, or worsening of his position, which is properly attributable to the happening of that event.

(2)Any such regulations may apply in relation to any such person whether or not he continues in the employment determined as aforesaid until the date of the happening of the relevant event aforesaid, and whether or not he is a party to an agreement for the rendering of personal services which is affected by the happening of that event.

(3)Different regulations may be made under this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date prior to the making thereof, so, however, that so much of any such regulations as provides that any provision thereof is to have effect as from a date earlier than the making thereof shall not place any person other than the person required to pay the compensation in a worse position than he would have been in if the regulations had been made to have effect only as from the making thereof.

(4)Regulations under this section—

(a)may prescribe the procedure to be followed in making claims for compensation, and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined; and

(b)may in particular contain provisions enabling appeals from any determination as to whether any or what compensation is payable to be brought, in such cases and subject to such conditions as may be prescribed by the regulations, before [F4an [F5employment tribunal]].

(5)No regulations shall be made under this section unless a draft thereof has been approved by a resolution of each House of Parliament.

(6)Where any of the following authorities, namely the Boards, the new authorities and the Holding Company, are required by any such regulations to pay compensation thereunder, any other of those authorities may arrange to make to the compensating authority payments by way of contributions towards their liability under the regulations; and if the compensating authority satisfy the Minister that any of the other authorities have not made a proper contribution towards that liability, whether by payment of money or by finding employment for persons to or in respect of whom the compensation has become payable, the Minister may require that other authority to make such payment to the compensating authority as appears to the Minister to be just.

(7)In relation to regulations under this section in connection with a transfer such as is mentioned in paragraph (a) of subsection (1) thereof to or from the Scottish Group or a subsidiary of theirs, references in the said subsection (1) to the Minister shall be construed as references to the Minister and the Secretary of State acting jointly; and for the purposes of any payment by the Scottish Group under subsection (6) of this section, references to the Minister in the said subsection (6) shall be construed as references to the Secretary of State.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F3Words in s. 135(1)(a) repealed (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(3), Sch. 14; S.I. 1994/571, art. 5

F4Words substituted for words “a tribunal established under section 12 of the Industrial Training Act 1964" by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 6 and shall continue to have effect by 1996 c. 17, s. 43, ss. 43, 46, Sch. 1 para. 1 (with s. 38)

Amendment continued (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 1 (with s. 38)

F5Words in s. 135(4) substituted (1.8.1998) by 1998 c. 8, s. 1(2), (with s. 16(2)); S.I. 1998/1658, art. 2, Sch. 1

Modifications etc. (not altering text)

C2S. 135(1) extended by Transport Act 1978 (c. 55), s. 15(3)

135 Compensation for loss of employment etc.N.I.

(1)The Minister shall by regulations require the payment by such person as may be determined by or under the regulations, in such cases and to such extent as may be so determined, of compensation to or in respect of any person who is on the date of the happening of any of the following events, namely—

(a)a transfer of any property, rights or liabilities under section 4, 5, F82. . . 28, 29, 53 or 144 of this Act; or

(b)any change in the manner in which the carrying on of the activities of the Railways Board or the Freight Corporation is organised made—

(i)in pursuance of a direction under section 6(1) or 45(5) of this Act; or

(ii)with the consent of the Minister in order to give effect to conclusions reported under the said section 45; or

(c)the making of any adaptations such as are mentioned in paragraph 5(4) of Schedule 16 to this Act; or

(d)the revocation under paragraph 10(1) of Schedule 6 to this Act of a consent granted under that Schedule,

or who has before that date been, in any employment so determined and who suffers any loss of employment, or loss or diminution of emoluments or pension rights, or worsening of his position, which is properly attributable to the happening of that event.

(2)Any such regulations may apply in relation to any such person whether or not he continues in the employment determined as aforesaid until the date of the happening of the relevant event aforesaid, and whether or not he is a party to an agreement for the rendering of personal services which is affected by the happening of that event.

(3)Different regulations may be made under this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date prior to the making thereof, so, however, that so much of any such regulations as provides that any provision thereof is to have effect as from a date earlier than the making thereof shall not place any person other than the person required to pay the compensation in a worse position than he would have been in if the regulations had been made to have effect only as from the making thereof.

(4)Regulations under this section—

(a)may prescribe the procedure to be followed in making claims for compensation, and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined; and

(b)may in particular contain provisions enabling appeals from any determination as to whether any or what compensation is payable to be brought, in such cases and subject to such conditions as may be prescribed by the regulations, before [F83an industrial tribunal].

(5)No regulations shall be made under this section unless a draft thereof has been approved by a resolution of each House of Parliament.

(6)Where any of the following authorities, namely the Boards, the new authorities and the Holding Company, are required by any such regulations to pay compensation thereunder, any other of those authorities may arrange to make to the compensating authority payments by way of contributions towards their liability under the regulations; and if the compensating authority satisfy the Minister that any of the other authorities have not made a proper contribution towards that liability, whether by payment of money or by finding employment for persons to or in respect of whom the compensation has become payable, the Minister may require that other authority to make such payment to the compensating authority as appears to the Minister to be just.

(7)In relation to regulations under this section in connection with a transfer such as is mentioned in paragraph (a) of subsection (1) thereof to or from the Scottish Group or a subsidiary of theirs, references in the said subsection (1) to the Minister shall be construed as references to the Minister and the Secretary of State acting jointly; and for the purposes of any payment by the Scottish Group under subsection (6) of this section, references to the Minister in the said subsection (6) shall be construed as references to the Secretary of State.

Extent Information

E4This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F82Words in s. 135(1)(a) repealed (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(3), Sch. 14; S.I. 1994/571, art. 5

F83Words substituted for words “a tribunal established under section 12 of the Industrial Training Act 1964" by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 6

Modifications etc. (not altering text)

C12S. 135(1) extended by Transport Act 1978 (c. 55), s. 15(3)

136 Pensions.U.K.

(1)Subject to subsection (3) of this section, sections 73 and 74 of the Act of 1962 (which relate respectively to the powers of the Boards and the Holding Company as regards pensions and pension schemes and to the Minister’s power to make orders about pensions) shall have effect—

(a)as if the expression “Board”in each of those sections included each of the new authorities; and

(b)as if the reference in subsection (2)(a) of the said section 74 to a pension scheme in which employees of the Commission or a subsidiary of the Commission participated before the vesting date included a reference to a pension scheme in which employees of, or of a subsidiary of, the Railways Board or the Holding Company participated before any relevant transfer date such as is mentioned in subsection (4) of this section.

(2)If in the case of any transfer such as is mentioned in subsection (4) of this section an order under the said section 74 as applied by this section is made before the transfer date which provides for the transfer on that date from the transferor to some other person of property, rights and liabilities of the transferor relating to any pensions or pension schemes—

(a)that order may apply to the transfer under the order such of the provisions of Schedule 4 to this Act subject to such modifications as the Minister may consider appropriate; and

(b)save as may be provided by that order, the provisions of this Act with respect to the transfer mentioned in the said subsection (4) shall not apply in relation to the property, rights and liabilities to which the order relates.

(3)In relation to the Scottish Group, references to the Minister—

(a)in the said section 73 and, for the purposes of orders relating only to that Group, in the said section 74 and in subsection (2) of this section shall be construed as references to the Secretary of State;

(b)in the said section 74 and subsection (2), for the purposes of orders relating both to that Group and to other authorities, shall be construed as references to the Minister and the Secretary of State acting jointly.

(4)Any person who—

(a)on the transfer date for the purposes of a transfer under any of the following provisions of this Act, namely, sections 4(1), 4(4), 5(3) (a) or (b), F6. . . 28(1), (2) or (5) and 29(2), ceases to be employed by one, and becomes employed by another, of the following bodies, namely, the Railways Board, the Holding Company, the new authorities and any body which is a subsidiary of that Board or Company or of any of the new authorities;

(b)on the transfer date for the purposes of any transfer under subsection (2) of section 53 of this Act ceases to be employed by the Holding Company and becomes employed by any publicly-owned body within the meaning of subsection (1)(a) of that section or under the Crown; or

(c)on any such transfer date as aforesaid is employed by a body which immediately before that date was a subsidiary of one, but on that date becomes a subsidiary of another, of the following bodies, namely, the Railways Board, the Holding Company and the new authorities,

shall not in consequence cease to be eligible to participate in any pension scheme in which he was a participant immediately before that transfer date.

(5)In the application of subsection (4) of this section 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 the reference in that subsection to being eligible to participate in a pension scheme shall be construed accordingly.

(6)Subsections (4) and (5) of this sections shall have effect subject to any order under section 74 of the Act of 1962 made by virtue of subsection (1) of this section, being an order taking effect on or at any time after the relevant transfer date referred to in the said subsection (4).

Textual Amendments

F6Words in s. 136(4)(a) repealed (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(3), Sch.14; S.I. 1994/571, art. 5

Modifications etc. (not altering text)

C3S. 136(2)(4) extended by Transport Act 1978 (c. 55), s. 15(4)

137 Machinery for negotiation and consultation with staff. E+W+S

(1)This section applies to the following authorities, namely—

(a)F7. . .the Waterways Board. . . F8;

(b)the new authorities;

(c)the Executive for any [F9area which is a passenger transport area for the purposes of Part II] of this Act.

(2)In the case of each authority to whom this section applies, except so far as the authority are satisfied that adequate machinery exists for achieving the purposes of this section, being machinery for operation at national level or local level or a level falling between those levels and appearing to the authority to be appropriate, it shall be the duty of the authority, either directly, or indirectly by exercising control over subsidiaries, to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the authority and that organisation or, if the authority so decide, between subsidiaries of theirs and that organisation, of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for—

(a)the settlement by negotiation of terms and conditions of employment of persons employed by the authority and by their subsidiaries with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;

(b)the promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the authority and by their subsidiaries of their activities, including in particular the promotion and encouragement of the training of persons employed as aforesaid; and

(c)the promotion and encouragement of measures affecting the safety, health and welfare of persons employed as aforesaid.

(3)Every authority to whom this section applies shall send—

(a)except in the case of such an Executive as aforesaid, to the Minister and to the Secretary of State for Employment and Productivity;

(b)in the case of such an Executive, to the [F10Passenger Transport Authority for the passenger transport area in question (referred to below in this section as the relevant Passenger Transport Authority)],

copies of any such agreement as aforesaid and of any instrument varying the terms of any such agreement.

(4)Every authority to whom this section applies shall from time to time, at such times and within such period as—

(a)except in the case of such an Executive as aforesaid, the Minister; or

(b)in the case of such an Executive, the [F11relevant Passenger Transport Authority],

may direct, report to the Minister and to the Secretary of State aforesaid or, as the case may be, to the Authority so established as to the progress or lack of progress made in arriving at such agreements as aforesaid.

(5)Where it falls to any authority to whom this section applies or any subsidiary of theirs to participate in the operation of machinery established under this section, and the operation involves discussion of a subject by other persons participating therein, the authority or subsidiary shall make available to those persons, at a reasonable time before the discussion is to take place, such information in their possession relating to the subject as, after consultation with those persons, appears to the authority, or as the case may be, to the subsidiary to be necessary to enable those persons to participate effectively in the discussion.

(6)Nothing in this section shall be construed as prohibiting any of the authorities to whom this section applies or any subsidiary of theirs from taking part together with other employers or organisations of employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment and the promotion and encouragement of measures affecting the health, safety and welfare of persons employed by them and the discussion of other matters of mutual interest to the authority or subsidiary and persons employed by them.

[F12(7)In this section “the Minister”—

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

(b)in relation to the Scottish Group, means the Secretary of State for Scotland; and

[F14(c)in relation to the British Waterways Board or any other authority, means [F15the Secretary of State for Transport].]]

(8)Section 72 of the Act of 1962 shall cease to apply to the Railways Board, the Waterways Board. . . F8

Extent Information

E2This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F7Words in s. 137(1)(a) repealed (6.1.1994) by ss. 150(1)(o), 152(1)(3), Sch. 12 para. 6(7), Sch. 14; S.I. 1993/3237, art 2(2)

F8Words repealed by S.I. 1973/338, Sch. 2

F9Words commencing “area which is" substituted (E.W.S.) for words commencing “designated" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 18

F10Words commencing “Passenger Transport Authority" substituted (E.W.S.) for words commencing “Authority" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 18(b)

F11Words commencing “relevant" substituted (E.W.S.) for words commencing “Authority established" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 18(c)

F12S. 137(7) substituted by S.I. 1976/1775, Sch. 3 para. 8

F13S. 137(7)(a) repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 3(a)

F14S. 137(7)(c) substituted (26.1.1998) by 1997/2971, art. 6(1), Sch. para. 3(b)

F15Words in s. 137(7)(c) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 5

Modifications etc. (not altering text)

137 Machinery for negotiation and consultation with staff. N.I.

(1)This section applies to the following authorities, namely—

(a)F84. . ., the Waterways Board. . . F85;

(b)the new authorities;

(c)the Executive for any designated area within the meaning of section 9(1) of this Act.

(2)In the case of each authority to whom this section applies, except so far as the authority are satisfied that adequate machinery exists for achieving the purposes of this section, being machinery for operation at national level or local level or a level falling between those levels and appearing to the authority to be appropriate, it shall be the duty of the authority, either directly, or indirectly by exercising control over subsidiaries, to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the authority and that organisation or, if the authority so decide, between subsidiaries of theirs and that organisation, of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for—

(a)the settlement by negotiation of terms and conditions of employment of persons employed by the authority and by their subsidiaries with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;

(b)the promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the authority and by their subsidiaries of their activities, including in particular the promotion and encouragement of the training of persons employed as aforesaid; and

(c)the promotion and encouragement of measures affecting the safety, health and welfare of persons employed as aforesaid.

(3)Every authority to whom this section applies shall send—

(a)except in the case of such an Executive as aforesaid, to the Minister and to the Secretary of State for Employment and Productivity;

(b)in the case of such an Executive, to the Authority established under the said section 9(1) for the designated area in question,

copies of any such agreement as aforesaid and of any instrument varying the terms of any such agreement.

(4)Every authority to whom this section applies shall from time to time, at such times and within such period as—

(a)except in the case of such an Executive as aforesaid, the Minister; or

(b)in the case of such an Executive, the Authority established as aforesaid,

may direct, report to the Minister and to the Secretary of State aforesaid or, as the case may be, to the Authority so established as to the progress or lack of progress made in arriving at such agreements as aforesaid.

(5)Where it falls to any authority to whom this section applies or any subsidiary of theirs to participate in the operation of machinery established under this section, and the operation involves discussion of a subject by other persons participating therein, the authority or subsidiary shall make available to those persons, at a reasonable time before the discussion is to take place, such information in their possession relating to the subject as, after consultation with those persons, appears to the authority, or as the case may be, to the subsidiary to be necessary to enable those persons to participate effectively in the discussion.

(6)Nothing in this section shall be construed as prohibiting any of the authorities to whom this section applies or any subsidiary of theirs from taking part together with other employers or organisations of employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment and the promotion and encouragement of measures affecting the health, safety and welfare of persons employed by them and the discussion of other matters of mutual interest to the authority or subsidiary and persons employed by them.

[F86(7)In this section “the Minister”—

F87(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to the Scottish Group, means the Secretary of State for Scotland; and

[F88(c)in relation to the British Waterways Board or any other authority, means [F89the Secretary of State for Transport].]]

(8)Section 72 of the Act of 1962 shall cease to apply to the Railways Board, the Waterways Board. . . F85

Extent Information

E5This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only

Textual Amendments

F85Words repealed by S.I. 1973/338, Sch. 2

F86S. 137(7) substituted by S.I. 1976/1775, Sch. 3 para. 8

F87S. 137(7)(a) repealed (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 3(a)

F88S. 137(7)(c) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. para. 3(b)

F89Words in s. 137(7)(c) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 5

Modifications etc. (not altering text)

138 Travel concessions.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16S. 138 repealed with saving for subsection (2) by Transport Act 1985 (c. 67, SIF 126), s. 139(1)(3), Sch. 6 para. 23(1), Sch. 8

F17139 Land required as service area for special road: compensation in certain cases of compulsory acquisition.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18U.K.

Textual Amendments

F18S. 140 repealed by Highways Act 1980 (c. 66 SIF 59), Sch. 25

141 Application of Town and Country Planning Acts. E+W+S

(1)Section 86 of the Act of 1962 (application of Town and Country Planning Acts) shall have effect as if the expression “Board" therein included each of the new authorities and the Executive for any [F19area which is a passenger transport area for the purposes of Part II].

(2)Where in the case of any company—

(a)the company is a wholly-owned subsidiary of one of the following bodies, namely, a board, a new authority, or such an Executive as aforesaid; or

(b)two or more such bodies as aforesaid are members of the company and, if those bodies were a single body corporate, the company would be a wholly-owned subsidiary of that body corporate,

the said section 86 shall have effect as if the expression “Board" therein included that company and, so far as the activities of the company consist of the carrying on of any such undertaking as is mentioned in the definition of “statutory undertakers" in [F20section 336(1) of the Town and Country Planning Act 1990] or in [F21section 214 of the Town and Country Planning (Scotland) Act 1997], the company shall be deemed for the purposes of the said section 86 and any other enactment relating to statutory undertakers or statutory undertakings to be such undertakers carrying on such an undertaking.

(3)Subsection (1) of the said section 86 shall apply—

(a)to anything done by a Board or new authority in the exercise of the powers conferred by section 49(3) or (4) of this Act; and

(b)to anything done by such an Executive as aforesaid in the exercise of the powers conferred by paragraph (xxii) of section 10(1) of this Act; and

(c)to anything done by such a company as aforesaid which, if that company were a Board or such an Executive as aforesaid, would be an exercise of—

(i)the powers referred to in paragraph (a) or (b) of the said subsection (1); or

(ii)the powers conferred by the said section 49(3) or (4); or

(iii)the powers conferred by the said paragraph (xxii),

as it applies to anything done by a Board in the exercise of the powers referred to in paragraph (a) or (b) of the said subsection (1).

Textual Amendments

F21Words in s. 141(2) substituted (27.5.1997) by 1997 c. 11, s. 4, Sch. 2 para. 17(3)

Modifications etc. (not altering text)

F22142 Powers of Minister in connection with channel tunnel.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W+S

Textual Amendments

144 Transfer and disposal of historical records and relics.E+W+S

(1)Subject to subsections (2) to (4) of this section, the Railways Board may, with the consent of the Minister—

(a)transfer without consideration to the Secretary of State for Education and Science any of the historical records and relics which were vested in the Board by section 31(2)(f) of the Act of 1962 and are for the time being in the possession of the Board, and any premises of the Board in which any significant collection of those records or relics is housed;

(b)transfer, without consideration or by way of sale, to any other person, or otherwise dispose of, any of those records or relics.

(2)No record vested in the Railways Board by the said section 31(2)(f) which is housed by the Board in premises in Scotland shall under subsection (1) of this section be transferred to any person other than the Secretary of State for Scotland or otherwise disposed of unless that record—

(a)has been previously offered by the Board to that Secretary of State; and

(b)has not been claimed by that Secretary of State within six months of the date on which the offer was made;

and if the record is claimed as aforesaid the Board shall transfer it without consideration to that Secretary of State.

(3)No record having special associations with the undertaking of [F24Transport for London], and no relic having special associations with the undertaking of any relevant authority (that is to say, [F24Transport for London] any of the Boards other than the Railways Board, any of the new authorities or the Holding Company) shall under subsection (1) of this section be transferred to any person other than the authority in question or otherwise disposed of unless—

(a)it has been previously offered by the Railways Board to that authority; and

(b)it has not been claimed by that authority within six months of the date on which the offer was made;

and if the record or relic is claimed as aforesaid the Railways Board shall transfer it without consideration to that authority.

(4)There shall be no transfer or disposal of any record or relic under subsection (1)(b) of this section, except in pursuance of subsection (2) or (3) of this section, unless—

(a)the record or relic has been previously offered by the Railways Board to the Secretary of State for Education and Science; and

(b)it has not been claimed by him within six months of the date on which the offer was made;

and, in the case of a record, before consenting to a transfer or disposal to which the foregoing provisions of this subsection apply, the Minister shall consult with such persons as the Minister and the Secretary of State for Education and Science acting jointly may consider—

(i)to possess appropriate qualifications for advising on the treatment of records of the class or description to which the particular record in question belongs; and

(ii)to be the appropriate persons to consult with respect to that particular record.

(5)Where any record or relic has been transferred to any relevant authority under subsection (3) of this section or under paragraph 4 of the British Transport Historical Relics Scheme 1963, that relevant authority shall, in respect of that record or relic, have the same powers, exercisable subject to the same conditions, as the Railways Board have under subsection (1) of this section in respect of the records and relics there mentioned.

(6)Subsections (1) to (5) of this section shall have effect notwithstanding anything in the schemes in force under paragraph 1(5) of Schedule 6 to the Act of 1962 (which impose duties as to the preservation of the historical records and relics vested in the Railways Board by that Act) and the Railways Board may, with the approval of the Minister, vary or revoke any such scheme so far as appears to the Board and the Minister to be expedient in consequence of those subsections; but, where any record or relic which has been transferred to a relevant authority under subsection (3) of this section or under paragraph 4 of the said Scheme of 1963 is for the time being in the possession of that or any other relevant authority, then (without prejudice to the powers conferred by subsection (5) of this section and to any relevant requirement of any scheme made under the said paragraph 1(5) which remains in force with or without variations made under this subsection) it shall be the duty of the relevant authority for the time being having possession of that record or relic to preserve it in suitable accommodation.

(7)Neither the Railways Board nor [F24Transport for London] shall dispose of any document or object for the time being in their possession which was not vested in them by the said section 31(2)(f) but falls within a class of documents or objects for the time specified by an agreement between the Board concerned and the Secretary of State for Education and Science as of sufficient interest to warrant preservation in any collection maintained or proposed to be maintained by him, unless—

(a)it has been previously offered by the Board to that Secretary of State; and

(b)it has not been claimed by him within six months of the date on which the offer was made;

and if that document or object is claimed as aforesaid the Board concerned shall transfer it without consideration to that Secretary of State.

[F25In relation to any document or object in the possession of London Regional Transport, references above in this subsection to the Board concerned are references to [F24Transport for London] .]

[F26(7A)Neither subsection (4) nor subsection (7) above shall apply to a transfer by London Regional Transport of any record or relic or (as the case may be) of any document or object to any subsidiary of theirs; but in relation to any such record, relic, document or object for the time being in the possession of a subsidiary or former subsidiary of [F24Transport for London]

(a)references to a relevant authority in subsections (5) and (6) of this section and references to London Regional Transport in subsection (7) of this section (except in the reference to an agreement between [F24Transport for London] and the Secretary of State) shall be read as including that subsidiary or former subsidiary; and

(b)the foregoing provisions of this subsection shall apply for the purposes of subsection (4) of this section (as it applies by virtue of subsection (5)) and for the purposes of subsection (7) of this section as if the reference to a transfer by [F24Transport for London] to any subsidiary in question to any subsidiary of [F24Transport for London].]

(8)Any offer or claim for the purposes of this section shall be in writing; and any such claim shall be of no effect unless—

(a)it contains a statement of the time (which shall be not more than three months after the date of the claim) when the claimant proposes to remove what he has claimed; and

(b)the claimant removes what he has claimed in accordance with that statement or at such later time as may be allowed by the authority to whom the claim was made.

(9)Nothing in Schedule 1 to the M1Public Records Act 1958 shall cause any records transferred under this section to become, by reason of that or any subsequent transfer, public records within the meaning of that Act; but any records so transferred which at any time are for the time being in the custody of the Secretary of State for Scotland may be treated for the purposes of section 5(1) of the M2Public Records (Scotland) Act 1937 as records belonging to Her Majesty.

Textual Amendments

Modifications etc. (not altering text)

C6S. 144: Functions of the Secretary of State for Education and Science transferred (3.7.1992) to the Secretary of State for National Heritage by S.I. 1992/1311, art.5(1).

S. 144 shall cease to have effect in relation to trasfers or other disposals by the Board (2.9.1994) by S.I. 1994/2032, art. 3

C7S. 144 restricted (1.1.1993) by S.I. 1992/3060, reg.4(2).

C8S. 144 restricted (prosp) by 1993 c. 43, ss. 125(8), 154(2) which was repealed and superseded (18.9.1996) by 1996 c.42, s. 8(2)

Marginal Citations

F27145 Minor amendments of Road Traffic Act 1960.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F28146 Approval marks.U.K.

(1)Section 47 of the M3Road Traffic Act 1962 (which relates to approval marks for motor vehicle parts for the purposes of certain international agreements) shall apply where any international agreement to which the United Kingdom is a party provides—

(a)for markings to be applied to a motor vehicle to indicate that the vehicle is fitted with motor vehicle parts within the meaning of that section of any description and either—

(i)that the parts conform with a type approved by any country; or

(ii)that the vehicle is such that as so fitted it conforms with a type so approved; and

(b)for motor vehicles bearing those markings to be recognised as complying with the requirements imposed by the law of another country,

as it applies where such an agreement provides as mentioned in paragraphs (a) and (b) of subsection (1) of that section.

(2)In the said section 47, the expression “motor vehicle part” shall include any equipment for the protection of drivers or passengers in or on a motor vehicle notwithstanding that it does not form part of, or of the equipment of, that vehicle.

(3)In this section, the expression “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.]

Textual Amendments

Marginal Citations

147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W+S

148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30E+W+S

Textual Amendments

149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31E+W+S

150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32U.K.

Textual Amendments

151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33E+W+S

152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W+S

153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W+S

Textual Amendments

154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W+S

Textual Amendments

155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W+S

156 Miscellaneous, supplementary and consequential provisions.U.K.

(1)With a view to giving the public advance notice of plans for the discontinuance of any rail or shipping services provided by. . . F38 the Scottish Group or any subsidiary of. . . F38 or Group, that. . . F38 Group shall from time to time publish in such manner and in such places in the United Kingdom as. . . F38 the Secretary of State may direct such information as to their plans as. . . F38 the Secretary of State may determine.

(2)The enactments referred to in Schedule 16 to this Act shall have effect subject to the provisions of that Schedule, being provisions supplementary to or consequential on provisions of this Act.

Textual Amendments

157 Orders and regulations.U.K.

Any power to make orders or regulations conferred on any Minister by any provision of this Act shall F39... be exercisable by statutory instrument; and any power to make an order under any provision of this Act shall include power to make such an order varying or revoking any previous order under that provision.

Textual Amendments

F39Words in s. 157 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

158 Inquiries.U.K.

(1)The Minister may hold inquiries for the purposes of his functions under any provision of this Act F40. . . as if those purposes were purposes of the M4Ministry of Transport Act 1919 and section 20 of that Act shall apply accordingly.

(2)For the purposes of any functions under this Act of the Secretary of State for Scotland or the Secretary of State for Wales, subsection (1) of this section, the said section 20 and section 90(2) to (7) of the Act of 1962 shall have effect as if for any reference therein to the Minister there were substituted a reference to that Secretary of State.

Textual Amendments

Modifications etc. (not altering text)

C9S. 158(1) modified (1.6.1993) by S.I. 1993/1119, reg. 4(1)(a), Sch. 1 para. 2

Marginal Citations

159 Interpretation—general.U.K.

(1)In this Act, except where the context otherwise requires, and except in any Part as respects which the expression in question is separately defined, the following expressions have the following meanings respectively, that is to say—

(a)an excursion or tour; nor

(b)a service as regards which the condition specified in [F46section 2(3)(a) of the Public Passenger Vehicles Act 1981] (long journeys only) is satisfied;]]]

(a)for the purposes of the application of this Act to England or Wales, the highway authority for that highway under Part I of [F50the M9Highways Act 1980];

[F51(b)for the purposes of the application of this Act to Scotland—

(i)where the highway is a trunk road, the Secretary of State; and

(ii)in any other case, the [F52regional or islands council];]

(2)Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.

[F68(3)In this Act—

(a)any reference to a county (other than one to a metropolitan county) shall be construed in relation to Wales as including a reference to a county borough;

(b)any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

(c)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.]

Textual Amendments

F41Definition repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

F43S. 159(1): definition of “the bus company" repealed (E.W.) (1.4.1991) by S.I. 1991/510, reg. 5, Sch.

F44Definition commencing “ “bus service" means a local service" substituted (E.W.S.) for the definition commencing “ “bus service" means a stage" by Transport Act 1985 (c. 67, SIF 126), s. 1, Sch. 1 para. 1(a)

F45Definitions substituted by Transport Act 1980 (c. 34), Sch. 5 Pt. II

F48Definitions repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

F51Paragraph (b) repealed (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss 156(3), 157(2), Sch. 11

F54Definition inserted (E.W.S.) by Transport Act 1985 (c.67, SIF 126), s. 1, Sch. 1 para. 1(b)

F56S. 159(1): words in definition of “the Minister" repealed (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(3), Sch. 14; S.I. 1994/571, art. 5

F57Words substituted by virtue of S.I. 1981/238, arts. 2(2), 3(2)-(4)

F59S. 159(1): words in definition of “the new authorities" repealed (E.W.) (1.4.1991) by S.I. 1991/510, art. 5, Sch.

F60S. 159(1): words in definition repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

F64Definition repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

F66S. 159(1): definition repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

F67S. 159(1): words in definition of “subsidiary" substituted (1.4.1994) by 1993 c. 43, s. 36(5); S.I. 1994/571, art. 5

Marginal Citations

M71981 c. 14(107:1).

160 Stamp duty.E+W+S

(1)Nothing in section 12 of the M11Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) or in section 52 of the M12Finance Act 1946 (which exempts from stamp duty certain documents connected with nationalisation schemes) shall be taken as applying to this Act.

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

(5)Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the appropriate Board or new authority or appropriate Executive [F71for any area which is a passenger transport area for the purposes of Part II] of this Act as having been made or executed in pursuance of Schedule 4 to this Act F72. . .; but no such instrument shall be deemed to be duly stamped unless it is stamped with the duty to which it would but for this subsection be liable or it has, in accordance with the provisions of section 12 of the M13Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.

Extent Information

E3This version of this provison extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F72Words in s. 160(5) repealed (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(3), Sch.14; S.I. 1994/571, art. 5

Marginal Citations

F90160 Stamp duty.N.I.

(1)Nothing in section 12 of the M18Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) or in section 52 of the M19Finance Act 1946 (which exempts from stamp duty certain documents connected with nationalisation schemes) shall be taken as applying to this Act.

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

(5)Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the appropriate Board or new authority or appropriate Executive established under section 9(1) of this Act as having been made or executed in pursuance of Schedule 4 to this Act F93. . .; but no such instrument shall be deemed to be duly stamped unless it is stamped with the duty to which it would but for this subsection be liable or it has, in accordance with the provisions of section 12 of the M20Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.

Textual Amendments

F90This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

F93Words in s. 160(5) repealed (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(3), Sch. 14; S.I. 1994/571, art. 5

Marginal Citations

F73161 Income tax, etc.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

162 Rating.E+W+S

[F74(1)Where any premises are occupied wholly or partly—

(a)for purposes of a subsidiary of the Railways Board, [F75the London Transport Executive] or the Waterways Board which, if the undertaking of that subsidiary formed part of the undertaking of that Board, would be non-rateable purposes within the meaning of subsection (6) of section 32 of the M14General Rate Act 1967;. . . F76

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

then, for the purposes of the rating of those premises so far as they are occupied for such purposes as are mentioned in paragraph (a). . . F78 of this subsection, the undertaking of that subsidiary of that Board. . . F78 shall be deemed to form part of the undertaking of that Board and the premises so far as so occupied shall be deemed to be occupied for non-rateable purposes of that Board.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

[F74(3)Notwithstanding anything in subsection (6) or (7) of the said section 32, purposes of the exercise by any of the Boards aforesaid. . . F78 of any powers conferred by section 48 or subsections (1) to (7) of section 50 of this Act or purposes of the exercise by a subsidiary of any of those Boards. . . F78 of corresponding powers shall not be treated as non-rateable purposes within the meaning of the said section 32(6).]

(4)Where any premises are occupied partly for such purposes as are mentioned in subsection (1)(a). . . F78 of this section and partly for other purposes. . . F78 of such a subsidiary as is so mentioned, then—

[F74(a)where those premises are a hereditament in England or Wales—

(i)there shall be ascribed to the hereditament under section 19 of the said Act of 1967 such net annual value as may be just having regard to the extent to which it is occupied for those other purposes; and

(ii)if under any scheme for the time being in force such as is mentioned in section 117(7) of that Act any deduction falls to be made from the net annual value of the hereditament in arriving at its rateable value, that deduction shall be calculated with regard only to those other purposes;]

(b)where those premises are lands and heritages within the meaning of the M15Lands Valuation (Scotland) Act 1854—

(i)it shall be the duty of the Assessor of Public Undertakings (Scotland) to ascertain and fix such net annual value as may be just, having regard to the extent to which the premises are occupied for those other purposes, and for the foregoing purpose subsections (2) and (3) of section 124 of the M16Local Government Act 1948 (subjects to be valued by Assessor of Public Undertakings (Scotland) shall apply as they apply for the purposes of subsection (1) of that section; and

(ii)the deduction, if any, to be made by the Assessor from the net annual value in arriving at the rateable value shall be calculated with regard only to those other purposes.

[F74(5)Section 32(4) of the said Act 1967 (which provides for the rating of railway or canal premises in England and Wales occupied partly for certain specified purposes) shall have effect as if after paragraph (b)thereof there were inserted the following paragraph:—

(c)purposes of the exercise by a transport Board of any powers conferred by section 48 or subsections (1) to (7) of section 50 of the Transport Act 1968.]

(6)Section 87(1) of the said Act of 1948 (which provides for the rating of railway or canal premises in Scotland occupied partly for non-rateable purposes and partly for other purposes) shall have effect in relation to the Railways Board and the Waterways Board as if references to other purposes included only references to other purposes being—

(a)purposes of any parts of the undertaking of either of those Boards which, within the meaning of section 86 of that Act, are concerned with the carriage of goods or passengers by road transport or sea transport or with harbours; or

(b)purposes of any parts of the said undertakings which are subsidiary or incidental to any such part as aforesaid; or

(c)purposes of the exercise by those Boards of any powers conferred by section 48 or subsections (1) to (7) of section 50 of this Act.

(7)In the application of this section to Scotland—

(a)for any reference to subsection (6) of section 32 of the said Act of 1967 there shall be substituted a reference to section 86(2) of the M17Local Government Act 1948;

(b)for the reference to subsection (5) of the said section 32 there shall be substituted a reference to section 66(3) of the Act of 1962.

Textual Amendments

F74S. 162(1)(3)(4)(a)(5) repealed (E.W.) (prosp) by Rates Act 1984 (c. 33, SIF 103:1), Sch. 1 para. 6(7)(b)(8) and expressed to be repealed (E.W.) by S.I. 1990/776, art. 3, Sch. 1

F75Words substituted for reference to the London Board by virtue of Transport (London) Act 1969 (c. 35), s. 45(1), Sch. 3 para. 1(1)(2)

Modifications etc. (not altering text)

C10The text of s. 103(8), 161(4), 162(5), Sch. 16, paras. 8(1)(3), 9, 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

163 Expenses.U.K.

There shall be paid out of moneys provided by Parliament—

(a)any expenses incurred by any Minister under or in consequence of the provisions of this Act;

(b)any increase attributable to any of the provisions of this Act in the sums so payable under any other Act.

164 Application to Northern Ireland.U.K.

(1)The provisions of this Act set out in Part I of Schedule 17 to this Act shall extend to Northern Ireland subject to the modifications set out in Part II of that Schedule, but save as aforesaid this Act shall not extend to Northern Ireland.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81E+W+S

Textual Amendments

166 Short title and commencement.U.K.

(1)This Act may be cited as the Transport Act 1968.

(2)Section 93 of this Act shall come into force on the passing of this Act and the other provisions of this Act shall come into force on such day as, subject to subsection (3) of this section, the Minister may by order appoint, and different days may be appointed for different purposes and different provisions of this Act.

(3)The reference to the Minister in subsection (2) of this section shall be construed—

(a)in relation to—

(i)the provisions of Part II of this Act; and

(ii)any of the following provisions of this Act, namely, sections 34, 36, 37, 44, 56, 116 to 119, 121, 122 and 126 to 130; and

(iii)the bringing into force with respect to the Scottish Group of any provision of this Act which refers to that Group,

as a reference to the Minister and the Secretary of State acting jointly;

(b)in relation to section 131 of this Act and to any section of this Act which relates only to Scotland, as a reference to the Secretary of State.

Modifications etc. (not altering text)

C11Power of appointment conferred by s. 166(2) not fully exercised