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Transport Act 1968

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SCHEDULE 16U.K. Supplementary or Consequential Provisions

1, 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2Sch. 16 para. 3 repealed by Sch. 18 Pt. IV of this Act

4(1)The power to make bylaws conferred by [F3subsection 2 of section 67 of the Act of 1962] shall be exercisable F4... by the Railways Board F4....U.K.

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(5)For the purposes of the said section 67, railways, railway premises, or officers and servants of, or ships (or hovercraft) operated by, a wholly owned subsidiary of the Railways Board F9... F10... shall be deemed to be railways, railway premises, or officers and servants of, or ships (or hovercraft) operated by, that Board F9... F11....]

Textual Amendments

F4Words in Sch. 16 para. 4(1) repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

F5Sch. 16 paras. 4(2), 5(1) repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. III

F6Sch. 16 para. 4(3) repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

F7Sch. 16 para. 4(4) repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

F9Sch. 16 para. 4(5): "In Schedule 16(5), the reference to the Scottish Group" repealed (S.) (7.6.2002) by virtue of S.S.I. 2002/263, art. 5(2), Sch.

Modifications etc. (not altering text)

C1Sch. 16 para. 4(5) extended by S.I. 1972/971, Sch. 1 Pt. A (as amended by S.I. 1979/1309, art. 2(b))

5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12U.K.

(2)The Railways Board may make an agreement with [F13the Scottish Group] for making available to that [F13Group] or to any wholly-owned subsidiary of that [F13Group] for such period, to such extent and on such terms as may be specified in the agreement, the services of the British Transport Police Force, that is to say, the force organised under the scheme set out in the Schedule to the M1British Transport Police Force Scheme 1963 (Approval) Order 1964 made under section 69 of the Act of 1962.

(3)Where such an agreement has been made members of the said Police Force may act, in accordance with the terms of the agreement, as constables in, on and in the vicinity of any premises of [F14the Scottish Group or, as the case may be, the subsidiary in question] notwithstanding the provisions of section 53(1) of the M2British Transport Commission Act 1949 (which restricts them to so acting in, on and in the vicinity of premises belonging to, leased to or worked by one of the Boards).

(4)The Minister, after consultation with the Boards and [F15the Scottish Group], may by order make such adaptations in the said scheme and in sections 69 to 71 of the Act of 1962 as appear to him expedient to enable that scheme and those sections to have effect as respects any period after the making of the order as if that [F15Group] were one of the Boards.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16Sch. 16 para. 6 repealed by Sch. 18 Pt. IV of this Act

7(1)The references to be substituted—U.K.

(a)as mentioned in Part I of Schedule 2 to the Act of 1962 in the provisions specified in sub-paragraph (2) of this paragraph; or

(b)as mentioned in Part III of that Schedule in the provisions specified in sub-paragraph (3) of this paragraph,

shall in each case include a reference. . . F17 to any wholly-owned subsidiary. . . F17 of any of the Boards.

(2)The provisions referred to in sub-paragraph (1)(a) of this paragraph are—

(a)section 41(3) of the M3Criminal Justice Act 1948;

(b)section 22 of the M4Diseases of Animals Act 1950;

(c)section 13(1) of the M5Transport Charges (Miscellaneous Provisions) Act 1954;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(3)The provisions referred to in sub-paragraph (1)(b) of this paragraph are—

(a)sections 54, 55, 56 and 57 of the M6British Transport Commission Act 1949;

(b)section 18 in the Schedule to the M7British Transport Commission Order Confirmation Act 1953;

(c)section 52 of the M8British Transport Commission Act 1953;

(d)section 24 of the M9British Transport Commission Act 1954.

(4)In section 23 of the M10British Railways Act 1964 (which provides for the aforesaid section 54 of the M11British Transport Commission Act 1949 to continue in force in its application to the Railways Board) and in any enactment passed after this Act which provides for the said section 54 so to continue in force for a further period, the reference to the Railways Board shall be construed as a reference to the Railways Board, the Freight Corporation and any wholly-owned subsidiary of that Board or Corporation.

8(1)In the Harbours Act 1964—U.K.

(a)in section 30(1), for paragraph (b) there shall be substituted the following:—

(b)by virtue of section 43 of the Transport Act 1962 by any of the Boards at a harbour which, in the exercise and performance of statutory powers and duties, that Board are engaged in improving, maintaining or managing, except where the Board in question are the British Transport Docks Board, the British Railways Board or the British Waterways Board and the harbour in question is not specified in Schedule 9 to that Act;

(b)in section 30(4) the words “(other than any of the Boards)” and the words from “or by” to “1962” shall cease to have effect;

(c)in section 36(a) for the words “any of the Boards” there shall be substituted the words “ the British Transport Docks Board, the British Railways Board or the British Waterways Board ”;

(d)in section 57(1)—

(i)at the end of the definition of “the Boards” there shall be added the words “ and includes the National Freight Corporation, the Scottish Transport Group and any subsidiary within the meaning of the Transport Act 1968 of any of those Boards or of that Corporation or Group ”;

(ii)in the definition of “marine work” for the words “vested in any of the Boards or” there shall be substituted the words “ which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 154 of the Companies Act 1948 of that Group or which is ”.

(2)In any case where, by virtue of sub-paragraph (1)(d)(i) of this paragraph, the Board within the meaning of section 41 of the M12Docks and Harbours Act 1966 are a subsidiary of one or more of the Docks Board, the Railways Board, the Waterways Board,. . . F22 and the Scottish Group, that section shall be construed as if—

(a)any reference therein otherwise than in subsection (1) thereof to the Board were a reference to the body, or to each respectively of the bodies, of which the Board within the meaning of that section are a subsidiary; and

(b)the property, rights and liabilities transferred by the order or scheme in question from the subsidiary were, to an extent proportionate to the extent of the interest of that body in the subsidiary, property, rights and liabilities so transferred from that body.

(3)The said section 41 shall have effect with the substitution—

(a)in subsection (2)(b)—

(i)for the words “as determined under section 39 of the Transport Act 1962” of the words “ under section 39 of the Transport Act 1962 or Schedule 2 to the Transport Act 1968 ”;

(ii)for the words “that Act” of the words “ the Transport Act 1962 ”;

(b)in subsection (3)—

(i)for the words “section 39 of the said Act of 1962” of the words “ the said section 39 or Schedule 2 ”;

(ii)for the words “section 20 of that Act” of the words “ the said section 20 ”.

(4)In any application of the said section 41 to the Scottish Group or to any other body in the capacity of a subsidiary of that Group, any reference to the Minister shall be construed as a reference to the Secretary of State.

Textual Amendments

Modifications etc. (not altering text)

C4The 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

9In the Building Control Act M131966, in the Schedule, for the entry beginning “Any subsidiary” there shall be substituted the following:—

The National Freight Corporation.

The National Bus Company.

The Scottish Transport Group.

Any subsidiary (as defined in the Transport Act 1968) of any of the bodies mentioned above.

Modifications etc. (not altering text)

C5The 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

M131966 C. 27.

F2310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Sch. 16 para. 10 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Group2

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

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