Transport Act 1968

SCHEDULE 16 U.K. Supplementary or Consequential Provisions

1, 2. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 16 paras. 1, 2 repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. III

3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 16 para. 3 repealed by Sch. 18 Pt. IV of this Act

4 (1) The power to make bylaws conferred by [F3 subsection 2 of section 67 of the Act of 1962] shall be exercisable by the Scottish Group as well as by the Railways Board, and accordingly, subsections (3) to (12) of that section shall apply as if the expression “Board” included. . . F4 the Scottish Group.

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

(3) Any bylaws made by the Railways Board under the said subsection (2) and in force with respect to any harbour immediately before its transfer to the Scottish Group or to a wholly-owned subsidiary of that Group shall continue in force until varied or revoked by the Scottish Group by virtue of the said subsection (12).

(4) In relation to the Scottish Group any reference to the Minister in the said section 67 shall be construed as a reference to the Secretary of State.

(5) For the purposes of the said section 67, railways, railway premises, or officers and servants of, or ships operated by, a wholly-owned subsidiary of the Railways Board, [F6 the London Transport Executive],. . . F4 or the Scottish Group shall be deemed to be railways, railway premises, or officers or servants of, or ships operated by, that Board,. . . F7 or Group.

Textual Amendments

F3 Words substituted by Transport Act 1980 (c. 34), Sch. 7 para. 5

F4 Words repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. III

F5 Sch. 16 paras. 4(2), 5(1) repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. III

F6 Words substituted by virtue of Transport (London) Act 1969 (c. 35), Sch. 3 para. 5(1)

F7 Word repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. III

Modifications etc. (not altering text)

C1 Sch. 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 U.K.

(2) The Railways Board may make an agreement with [F9 the Scottish Group] for making available to that [F9 Group] or to any wholly-owned subsidiary of that [F9 Group] 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 M1 British 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 [F10 the Scottish Group or, as the case may be, the subsidiary in question] notwithstanding the provisions of section 53(1) of the M2 British 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 [F11 the 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 [F11 Group] were one of the Boards.

Textual Amendments

F8 Sch. 16 paras. 4(2), 5(1) repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. III

F9 Words substituted by Transport Act 1980 (c. 34), Sch. 7 para. 6(a)

F10 Words substituted by Transport Act 1980 (c. 34), Sch. 7 para. 6(b)

F11 Words substituted by Transport Act 1980 (c. 34), Sch. 7 para. 6(c)

Modifications etc. (not altering text)

C2 Para. 5 extended by Transport (London) Act 1969 (c. 35), Sch. 3 para. 7

Marginal Citations

M1 S.I. 1964/1456.

M2 1949 c. xxix.

6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 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. . . F13 to any wholly-owned subsidiary. . . F13 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 M3 Criminal Justice Act 1948;

(b) section 22 of the M4 Diseases of Animals Act 1950;

(c) section 13(1) of the M5 Transport Charges (Miscellaneous Provisions) Act 1954;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

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

(a) sections 54, 55, 56 and 57 of the M6 British Transport Commission Act 1949;

(b) section 18 in the Schedule to the M7 British Transport Commission Order Confirmation Act 1953;

(c) section 52 of the M8 British Transport Commission Act 1953;

(d) section 24 of the M9 British Transport Commission Act 1954.

(4) In section 23 of the M10 British Railways Act 1964 (which provides for the aforesaid section 54 of the M11 British 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.

Textual Amendments

F13 Words repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. III

F14 Sch. 16 para. 7(2)(d) repealed by Food Act 1984 (c. 30, SIF 53:1), Sch. 11 (as amended by London Regional Transport Act 1984 (c. 32, SIF 126), Sch. 6 para. 31) and expressed to be repealed by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1)(4), Sch. 3 para. 13, Sch. 5

F15 Sch. 16 para. 7(2)(e) repealed by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1)(4), Sch. 3 para. 13, Sch. 5

F16 Para. 7(2)(f) repealed by Highways Act 1980 (c. 66), Sch. 25

F17 Para. 7(2)(g) repealed by Theft Act (Northern Ireland) 1969 (c. 16), Sch. 3 Pt. II

Modifications etc. (not altering text)

C3 Para. 7(1) amended by Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)

Marginal Citations

M3 1948 c. 58.

M4 1950 c. 36.

M5 1954 c. 64.

M6 1949 c. xxix.

M7 1953 c. xx.

M8 1953 c. xlii.

M9 1954 c. lv.

M10 1964 c. xvi.

M11 1949 c. xxix.

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 M12 Docks and Harbours Act 1966 are a subsidiary of one or more of the Docks Board, the Railways Board, the Waterways Board,. . . F18 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

F18 Words repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. III

Modifications etc. (not altering text)

C4 The 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

M12 1966 c. 28.

9 U.K. In the Building Control Act M13 1966, 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)

C5 The 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

M13 1966 C. 27.

10 In the Industrial Development Act M14 1966, in Schedule 2 (which specifies bodies which are not to be eligible for certain grants under that Act) after the entry relating to the Waterways Board there shall be inserted the following entries:—

“The National Freight Corporation.

[F19 The National Bus Company].

The Scottish Transport Group.”

Textual Amendments

F19 Words in Sch. 16 para. 10 repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

Modifications etc. (not altering text)

C6 The 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

M14 1966 c. 34.

11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 Sch. 16 para. 11 repealed by British Railways Act 1987 (c.xxix), ss. 45(9), 47, Sch. 2 Pt. 5

12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21 Sch. 16 para. 12 repealed by Industry Act 1971 (c. 17, SIF 64), s. 3(2)(b), Sch. 2 Pt. II