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Transport Act 1968

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This is the original version (as it was originally enacted).

8(1)In the 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 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 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 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.

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