Section 156.
1(1)The enactments specified in sub-paragraph (2) of this paragraph shall apply to all railways of the Freight Corporation, and shall so apply as if references in those enactments to the company were references to that Corporation.
(2)The enactments referred to in the foregoing sub-paragraph are—
(a)sections 105, 144 and 152 of the [1845 c. 20.] Railways Clauses Consolidation Act 1845 ;
(b)sections 98, 136 and 144 of the [1845 c. 33.] Railways Clauses Consolidation (Scotland) Act 1845,
including any of those enactments as incorporated in any statutory provision passed or made whether before or after the passing of this Act
2In the [1871 c. 78.] Regulation of Railways Act 1871, references to a railway company or a company as defined by that Act shall include references to the Freight Corporation.
3(1)For the avoidance of doubt it is hereby declared that the matters to which the licensing authority is to have regard in exercising his discretion under section 174 of the Act of 1960 do not include any duty imposed upon any of the new authorities by this Act.
(2)For the purposes of section 180 of the Act of 1960 (which relates to carriers' licences for the vehicles of a subsidiary) each of the new authorities shall be deemed to be a company.
(3)Where on a vesting by virtue of this Act a subsidiary of one body becomes a subsidiary of another body, any carriers' licence under Part IV of the Act of 1960 held by the first-mentioned body for a vehicle owned by the subsidiary shall thereafter have (effect as if granted to the second-mentioned body; and for the purposes of the said section 180 the second-mentioned body shall be deemed to have made the application for the licence and to have signified to the licensing authority their desire that the section should have effect as respects the subsidiary.
(4)If, as a result of a transaction effected by any of the new authorities not more than twelve months after the transfer date for a transfer to that authority under section 4, 5 or 28 of this Act and at a time when that authority hold carriers' licences under the said Part IV for vehicles owned by a subsidiary, the subsidiary becomes a wholly-owned subsidiary of a company (hereafter in this sub-paragraph referred to as " the company ") which is itself a wholly-owned subsidiary of that authority, any such licence for a vehicle then owned by the subsidiary shall thereafter have effect as if granted to the company; and for the purposes of the said section 180 the company shall be deemed to have made the application for the licence and to have signified to the licensing authority their desire that the section should have effect as respects the subsidiary.
(5)For the purposes of this paragraph, the provisions of section 51(5) of this Act shall be disregarded.
4(1)The power to make bylaws conferred by subsection (1) of section 67 of the Act of 1962 shall be exercisable by the Freight Corporation as well as by the Boards there referred to and the power to make bylaws conferred by subsection (2) of that section 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 the Corporation and the Scottish Group.
(2)Any bylaws made by the Railways Board under the said subsection (1) and in force with respect to any railway or railway premises immediately before their transfer to the Freight Corporation or a wholly-owned subsidiary of the Freight Corporation shall continue in force until varied or revoked by the Corporation by virtue of the said subsection (12).
(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, the London Board, the Freight Corporation or the Scottish Group shall be deemed to be railways, railway premises, or officers or servants of, or ships operated by, that Board, Corporation or Group.
5(1)This paragraph shall apply to the Freight Corporation and to the Scottish Group.
(2)The Railways Board may make an agreement with either of the authorities to whom this paragraph applies for making available to that authority or to any wholly-owned subsidiary of that authority 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 [S.I. 1964/1456.] 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 the authority or subsidiary in question notwithstanding the provisions of section 53(1) of the [1949 c. xxix.] 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 either or both of the authorities to whom this paragraph applies, 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 authority or, as the case may be, each of those authorities were one of the Boards.
6Section 82 of the Act of 1962 (modification of enactments relating to Wages Councils) shall have effect as if the expression " Board " included each of the new authorities.
7(1)The references to be substituted—
(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 to the Freight Corporation and to any wholly-owned subsidiary of the Freight Corporation or 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 [1948 c. 58.] Criminal Justice Act 1948;
(b)section 22 of the [1950 c. 36.] Diseases of Animals Act 1950;
(c)section 13(1) of the [1954 c. 64.] Transport Charges (Miscellaneous Provisions) Act 1954;
(d)section 11(2) of the [1955 c. 16.] Food and Drugs Act 1955 ;
(e)section 11(2) of the [1956 c. 30.] Food and Drugs (Scotland) Act 1956 ;
(f)sections 192(3) and 295(5) of the [1959 c. 25.] Highways Act 1959 ;
(g)section 12(3) of the [1953 c. 14 (N.I.).] Criminal Justice Act (Northern Ireland) 1953.
(3)The provisions referred to in sub-paragraph (1)(b) of this paragraph are—
(a)sections 54, 55, 56 and 57 of the British Transport Commission Act 1949 ;
(b)section 18 in the Schedule to the [1953 c. xx.] British Transport Commission Order Confirmation Act 1953 ;
(c)section 52 of the [1953 c. xliii.] British Transport Commission Act 1953 ;
(d)section 24 of the [1954 c. lv.] British Transport Commission Act 1954.
(4)In section 23 of the [1964 c. xvi.] British Railways Act 1964 (which provides for the aforesaid section 54 of the [1949 c. xxix.] 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.
8(1)In the [1964 c. 40.] Harbours Act 1964—
(a)in section 30(1), for paragraph (b) there shall be substituted the following:—
“(b)by virtue of section 43 of the [1962 c. 46.] 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 [1948 c. 38.] 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 [1966 c. 28.] Docks and Harbours Act 1966 are a subsidiary of one or more of the Docks Board, the Railways Board, the Waterways Board, the Freight Corporation 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 [1962 c. 46.] 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.
9In the [1966 c. 27.] Building Control Act 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.”
10In the [1966 c. 34.] Industrial Development Act 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.
The National Bus Company.
The Scottish Transport Group.”
11The persons entitled to deposit money in the savings bank established under subsection (2) of section 32 of the [1966 c. xvii.] British Railways Act 1966 shall, in addition to the persons specified in that subsection, include—
(a)any persons who, on the transfer date for any transfer under section 4, 5, 7, 8, 28 or 29 of this Act—
(i)are depositors in that bank ; and
(ii)apart from this paragraph would by reason of the transfer cease to be entitled as aforesaid ; and
(b)where any of those depositors is a man who dies leaving a widow, his widow during her widowhood.
12In the [1968 c. 32.] Industrial Expansion Act 1968, in Schedule 1 (which specifies bodies not eligible for financial support under industrial investment schemes made under that Act) at the end there shall be added the following entries:—
“The National Freight Corporation,
The National Bus Company,
The Scottish Transport Group.”