Transport (London) Act 1969

SCHEDULES

Section 4.

SCHEDULE 1 The London Transport Executive

1 The Executive may act notwithstanding a vacancy among their members.

2 The quorum of the Executive shall be three and, subject as aforesaid, the Executive may regulate their own procedure.

3 The application of the seal of the Executive shall be authenticated by the signature of the secretary of the Executive or some other person authorised by the Executive, either generally or specially, to act for that purpose.

4 Every document purporting to be an instrument issued by the Executive and to be sealed as aforesaid, or to be signed on behalf of the Executive, shall be received in evidence and be deemed to be such an instrument without further proof unless the contrary is shown.

5 (1) A member of the Executive shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for reappointment.

(2) Any member of the Executive may at any time by notice in writing to the Council resign his office.

6 (1) A member of the Executive who is in any way directly or indirectly interested in a contract made or proposed to be made by the Executive shall disclose the nature of his interest at a meeting of the Executive; and the disclosure shall be recorded in the minutes of the Executive, and the member shall not take any part in any deliberation or decision of the Executive with respect to that contract.

(2) For the purposes of the foregoing sub-paragraph, a general notice given at a meeting of the Executive by a member of the Executive to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that company or firm, shall be regarded as a sufficient disclosure of his interest in relation to any contract so made.

(3) A member of the Executive need not attend in person at a meeting of the Executive in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

Section 16.

SCHEDULE 2 Provisions as to Transfers under Section 16

Division or apportionment of certain property, etc.

1 It shall be the duty of the Executive, the Bus Company and the designated company to arrive, whether before or after the vesting date, and so far as practicable, at such written agreements with respect to any property, rights and liabilities transferred under section 16 of this Act, not being rights and liabilities under an agreement for the rendering of personal services, and to execute such other instruments, as are necessary or expedient—

(a) to make, as from the vesting date or as from such later date as may be specified in the relevant agreement, any clarifications or modifications of the division of the London Board's undertaking effected by the said section 16 which they consider will best serve the proper discharge of their respective functions ; or

(b) to divide or apportion between the Executive and the designated company in such proportions as may be appropriate any such property, rights and liabilities so transferred to one of them which immediately before the vesting date was property held, or a right or liability subsisting, partly for the purposes of the activities of the part of the London Board's undertaking referred to in subsection (2) of the said section 16 and partly for other purposes of the London Board ; or

(c) in the case of any such property, rights and liabilities as are mentioned in sub-paragraph (b) of this paragraph the nature of which does not permit such division or apportionment, to afford to the Executive, the designated company and the Bus Company as against one another such rights and safeguards as they may require for the proper discharge of their respective functions.

2 Any such agreement as is referred to in paragraph 1 of this Schedule shall make provision so far as it is expedient—

(a) for the granting of leases or the creation of other rights and liabilities over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;

(b) for the granting of indemnities in connection with the severance of leases and other matters ;

(c) for responsibility for registration of any matter in any description of statutory register.

3 If the Executive or the Bus Company represent to the Minister, or if it appears to the Minister without such a representation, that it is unlikely in the case of any matter on which agreement is required under paragraph 1 of this Schedule that such agreement will be reached, the Minister may, whether before or after the vesting date, give a direction determining the manner in which the property, rights or liabilities in question are to be divided or apportioned between the Executive and the designated company, and may include in the direction any provision which might have been included in an agreement under the said paragraph 1 ; and any property rights or liabilities required by the direction to be transferred from one to another of the Executive and the designated company shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee accordingly.

Rights and liabilities under agreement for rendering of personal services

4 The rights and liabilities transferred under subsection (2) of section 16 of this Act to the designated company shall include rights and liabilities under an agreement for the rendering of personal services by any person (hereafter in this Schedule referred to as an " employee") only if immediately before the vesting date the employee is employed wholly for the purposes of the part of the London Board's undertaking referred to in paragraph (a) of the said subsection (2).

5 Any right to services transferred under the said section 16 shall have effect on and after the vesting date as a right not only to the services to which the agreement relates but also to any reasonably comparable services under the transferee to be selected by the transferee ; and any dispute between the transferee and the employee as to what are reasonably comparable services for the purposes of this paragraph may be reported to the Secretary of State for Employment and Productivity by the transferee and, if a dispute so reported is not otherwise disposed of, that Secretary of State shall refer it for determination by the industrial court.

6 The Executive and the Bus Company may before the vesting date enter into any arrangements with the London Board and any employee of the London Board for the determination of the employee's agreement on or before that date and for the conclusion of a new agreement between the Executive or the designated company and the employee for the rendering of services to the Executive or, as the case may be, that company, and the London Board may become a party to any arrangements between the Executive, the Bus Company, the designated company or any other employer and any of the London Board's employees for the transfer of those employees from the London Board to the new employer on or before the vesting date ; and, without prejudice to paragraph 10(3) of Schedule 1 to the [1963 c. 49.] Contracts of Employment Act 1963 and section 8(2) of the [1965 c. 62.] Redundancy Payments Act 1965, for the purposes of those Acts the employee's period of employment at the time when the arrangements take effect shall count as a period of employment with the new employer, and the change of employer shall not break the continuity of the period of employment.

7 The Executive, the Bus Company, the designated company, or any employee may apply to the Minister to determine whether or not, or to whom, rights and liabilities in respect of the employee's services under any particular agreement are transferred by virtue of this Act, and the Minister's decision on the application shall be final.

Construction of agreements, statutory provisions and documents

8 (1) Paragraph 7 (except sub-paragraph (d) thereof) and paragraphs 8 to 12 of Schedule 4 to the Act of 1968 (which relate to the construction of agreements, statutory provisions and documents after certain transfers) shall apply where any property, rights or liabilities of the London Board are transferred from that Board to the Executive or to the designated company under section 16 of this Act, including any case where they are so transferred by virtue of an agreement under paragraph 1 or a direction under paragraph 3 of this Schedule, as if for any reference in the said paragraphs of that Schedule to that Act there were substituted a reference to this Act.

(2) Where any agreement such as is mentioned in the said paragraph 7 refers to property, rights and liabilities which, under paragraph 1 or 3 of this Schedule, are divided or apportioned between the Executive and the designated company, the agreement shall have effect on and after the date from which the division or apportionment has effect as if it constituted two separate agreements separately enforceable by and against each of those bodies respectively as regards the part of the property, rights and liabilities vesting in that body and not as regards the other part; and this sub-paragraph shall apply in particular to the covenants, stipulations and conditions of any lease by or to the London Board.

(3) For the purposes of the said paragraphs 8 to 12 as applied by sub-paragraph (1) of this paragraph, sub-paragraph (2) of this paragraph shall be deemed to form part of the said paragraph 7.

Third parties affected by vesting provisions

9 (1) Without prejudice to paragraph 8 of this Schedule, any division, apportionment or other transaction between the Executive and the designated company in pursuance of an agreement under paragraph 1 or a direction under paragraph 3 of this Schedule shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of some other person.

(2) It shall be the duty of the Executive and the designated company, if any such transaction is effected, to notify any person who has rights or liabilities which thereby become enforceable as to part by or against one, and as to part by or against the other, of those bodies, and if such a person applies to the Minister and satisfies him that the transaction operated unfairly against him the Minister may give such directions to those bodies as appear to him appropriate for varying the transaction.

10 If in consequence of any such transfer as is referred to in paragraph 8(1) of this Schedule the rights or liabilities of any person other than the Executive or the designated company which were enforceable against or by the London Board become enforceable in part against or by one, and in part against or by the other, of the Executive and the designated company, and the value of any property or interest of that person is thereby diminished, the Executive and the designated company shall pay to that person such compensation as may be just, and any dispute as to whether and if so how much compensation is so payable, or as to the person to whom it shall be paid, shall be referred to and determined by an arbitrator appointed by the Lord Chancellor.

11 Any instrument whereby the Executive or the designated company purport to make a disposal for consideration to some person other than the Executive, the Bus Company or a wholly-owned subsidiary of the Executive or the Bus Company of any land or other property which belonged to the London Board, or which is an interest in property which belonged to the London Board, whether that disposal is absolute or for a term of years, shall be as effective as if both the Executive and the designated company had been parties to that instrument and had thereby made the like disposal of any interest of theirs in the property in question.

12 If at any stage of any court proceedings to which the Executive or the designated company and a person other than the Executive, the Bus Company or a wholly-owned subsidiary of the Executive or the Bus Company are parties, it appears to the court that the issues in the proceedings depend on the identification or definition of any of the property, rights or liabilities transferred under section 16 of this Act which the Executive and the designated company have not yet effected, or raise a question of construction on that section or this Schedule which would not arise if the Executive and the designated company constituted a single person, the court may, if it thinks fit on the application of a person other than as aforesaid who is a party to the proceedings, hear and determine the proceedings on the footing that such one of the Executive and the designated company as is a party to the proceedings represents and is answerable for the other of them, and that they constitute a single person, and any judgment or order given by the court shall bind both the Executive and the designated company accordingly.

13 It shall be the duty of the Executive and designated company to keep one another informed of any case where either of them may be prejudiced by paragraph 11 or 12 of this Schedule, and if either of them claims that they have been so prejudiced and that the other of them ought to indemnify or make a payment to them on that account and has unreasonably failed to meet that claim, the body so claiming may refer the matter to the Minister for determination by the Minister.

Right to production of documents of title

14 Where in the case of any land or other property transferred from the London Board under this Act the Executive or the designated company are entitled to retain possession of any document relating in part to the title to, or to the management of, property so transferred to the other of those bodies, the retaining body shall be deemed to have given to the other an acknowledgment in writing of the right of the other body to production of that document and to delivery of copies thereof; and section 64 of the [1925 c. 20.] Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.

Proof of title by certificate

15 A joint certificate by or on behalf of the Executive and the Bus Company that any property specified in the certificate, or any such interest in or right over any such property as may be so specified, or any right or liability so specified, is by virtue of this Act for the time being vested in, or in such wholly-owned subsidiary of, that one of the certifying authorities so specified shall be conclusive evidence for all purposes of that fact; and if on the expiration of one month after a request from one to the other of them for the preparation of such a joint certificate as respects any property, interest, right or liability, the Executive and the Bus Company have failed to agree on the terms of the certificate, they shall refer the matter to the Minister and issue the certificate in such terms as the Minister may direct.

Section 17.

SCHEDULE 3 Disposal of Certain Statutory Functions of London Board

1 (1) The provisions specified in sub-paragraph (2) of this paragraph shall have effect as if for any reference therein to, or falling to be construed as a reference to, the London Board there were substituted a reference to the Executive and as if the expression " the Boards " included the Executive.

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

(a) section 4(2) of the [1938 c. 44.] Road Haulage Wages Act 1938 ;

(b) sections 52(4) and 83(7) of the Act of 1962 (which exclude the Boards from the definition of independent railway undertakings);

(c) section 54(1) of the Act of 1962 (which relates to advance information about railway closures);

(d) section 60 of the Act of 1962 (which relates to carriers' licences for vehicles operated by subsidiaries of the Boards);

(e) section 82 of the Act of 1962 (which makes modifications of the enactments relating to Wages Councils);

(f) section 86 of the Act of 1962 and section 141 of the Act of 1968 (which relate to the application of the Town and Country Planning Acts);

(g) Schedule 2 to the Act of 1962 and paragraph 7(1) of Schedule 16 to the Act of 1968 (which relate to the transfer of certain statutory functions);

(h) Schedule 6 to the Act of 1962 (which relates to the distribution of the Commission's undertaking) other than paragraph 2(3) thereof ;

(i) section 13(3)(c) of the [1966 c. xli.] Lee Valley Regional Park Act 1966 (which relates to the provision or operation of passenger transport services by the Regional Park Authority);

(j) section 32 of the [1967 c. 9.] General Rate Act 1967 and section 162 of the Act of 1968 (which relate to the rating of railway or canal premises);

(k) section 3(3) of the [1968 c. 7.] London Cab Act 1968 (which relates to restrictions on the parking of cabs);

(l) sections 116 to 119 and 120 of the Act of 1968 (which relate to certain bridges);

(m) section 125 of the Act of 1968 (which relates to the powers of inspectors of railways);

(n) section 144 of the Act of 1968 (which relates to the transfer and disposal of historical records and relics).

(3) In addition to the application to the Executive by virtue of sub-paragraph (2)(f) of this paragraph of the enactments there mentioned, section 69 of the [1968 c. 72.] Town and Country Planning Act 1968 (which relates to the determination of what is operational land for the purposes of the [1962 c. 38.] Town and Country Planning Act 1962) shall have effect as if in subsection (2)(b) thereof after the words " the [1968 c. 73.] Transport Act 1968", there were inserted the words " or the Transport (London) Act 1969 ".

2 (1) In the case of the provisions specified in sub-paragraph (2) of this paragraph, the functions thereunder of the London Board shall be transferred to the designated company as well as to the Executive ; but those provisions shall not have effect, whether in relation to the Executive or to the designated company, with respect to any area with respect to which they did not have effect before the vesting date.

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

(a) in the [1934 c. xcvi.] London Passenger Transport Act 1934, sections 104 and 109 ;

(b) in the [1937 c. xc.] London Passenger Transport Act 1937, sections 64 and 68;

(c) in the [1938 c. xcii.] London Passenger Transport Act 1938, section 65 ;

(d) in the [1949 c. xxix.] British Transport Commission Act 1949, section 57 ;

(e) in the [1951 c. xxxix.] British Transport Commission Act 1951, section 15.

(3) The functions of the London Board under section 69 of the said Act of 1937, under section 61 of the said Act of 1938 and under section 25 of the [1969 c. 1.] London Transport Act 1969 shall be transferred to the Executive, but those sections shall not have effect with respect to any area outside the London Passenger Transport Area within the meaning of the [1933 c. 14.] London Passenger Transport Act 1933.

3 In relation to the savings bank established under section 23 of the [1873 c. lxxx.] Metropolitan Railway Act 1873, references in section 65 of the Act of 1962 to the appropriate Board shall be construed as references to the Executive ; and the persons entitled to deposit money in that savings bank shall, in addition to the persons specified in subsection (5) of the said section 65, include—

(a) persons employed by the Executive or any subsidiary of the Executive;

(b) persons who owing to incapacity arising from ill-health or on reaching retirement age have retired from service with the Executive or any subsidiary of the Executive or with the London Board, the Commission, the London Passenger Transport Board or the Metropolitan Railway Company ;

(c) the wife, widow (during the period of her widowhood), or children under twenty-one years of age, of such persons as are mentioned in sub-paragraph (a) or (b) of this paragraph ;

(d) any group, society or association the members of which consist, or mainly consist, of such persons as are mentioned in sub-paragraphs (a) to (c) of this paragraph or the said subsection (5).

4 In its application to the Executive by virtue of section 6(2)(g) of this Act, section 43(1)(b) of the Act of 1962 shall have effect as if any reference therein to a ship or boat included a reference to a hovercraft.

5 (1) Section 67 of the Act of 1962 and paragraph 4(5) of Schedule 16 to the Act of 1968 (which relate to the power to make bylaws for railways) shall have effect as if for any reference to the London Board there were substituted a reference to the Executive; and any bylaws made by the London Board under subsection (1) of the said section 67 and in force immediately before the vesting date shall continue in force until varied or revoked by the Executive by virtue of subsection (12) of that section and have effect as aforesaid.

(2) Subsection (2) of the said section 67 (which empowers the Railways Board to make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation) shall apply to the Executive as if for references therein to that Board there were substituted references to the Executive and as if the expression " ships " included hovercraft.

6 (1) In section 68 of the Act of 1962 (which relates to the custody of lost property), and in any regulations made, or having effect as if made, under section 160(1)(i) of the Act of 1960 (which relates to the like matters), any reference to, or falling to be construed as a reference to, the London Board shall be construed as a reference to the Executive.

(2) The Executive shall, not later than one year after the vesting date, and after consulting the Bus Company and the designated company, prepare and submit to the Minister a scheme for the allocation of any moneys arising from the sale, or from fees charged on the redelivery, of any property accidentally left before the vesting date on or in any premises or vehicles belonging to the London Board which was taken into the custody of that Board under regulations made, or having effect as if made, under section 106 of the [1933 c. 14.] London Passenger Transport Act 1933 ; and the Minister may; approve that scheme with or without modifications, and it shall be the duty of the Executive, the Bus Company and the designated company to give effect to the scheme as so approved.

7 (1) Paragraph 5 of Schedule 16 to the Act of 1968 (which relates to transport police) shall apply to the Executive and, for the purposes only of any premises transferred under section 16(2) of this Act, to the Bus Company as it applies to the National Freight Corporation and the Scottish Transport Group.

(2) For the purpose only of applying section 54 of the [1949 c. xxix.] British Transport Commission Act 1949 (which relates to powers of search and arrest) to premises transferred as aforesaid, the Bus Company shall be deemed to be one of the Boards ; and in section 23 of the [1964 c. xxvi.] London Transport Act 1964 (under which the said section 54 in its application to the London Board continues in force in relation to the Executive), and in any enactment passed after this Act which provides for the said section 54 to continue in force for a further period in its application to the Executive, any reference to, or falling to be construed as a reference to, the Executive shall be construed as a reference to the Executive, any wholly-owned subsidiary of the Executive and, for the purpose aforesaid but for that purpose only, the Bus Company and any wholly-owned subsidiary of the Bus Company.

(3) Subject to any agreement made by virtue of sub-paragraph (1) of this paragraph and to any adaptations made under sub-paragraph (4) of the said paragraph 5—

(a) the functions of the London Board 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 shall be transferred both to the Executive and, for the purposes only of any premises transferred under section 16(2) of this Act, to the Bus Company ; and

(b) section 70 of the Act of 1962 shall have effect as if the expression " the Boards " included the Executive and, for the purposes aforesaid, the Bus Company and as if premises belonging to, leased to or worked by a wholly-owned subsidiary of the Executive or the Bus Company were premises belonging to, leased to or worked by the Executive or, as the case may be, the Bus Company.

8 In section 92 of the [1965 c. 25.] Finance Act 1965 (which relates to the making of grants to operators of bus services towards duty charged on bus fuel) for subsection (8) there shall be substituted the following subsection:—

‘(8) In this section—

• " bus service " means a service of stage carriages as defined by section 117 of the [1960 c. 16.] Road Traffic Act 1960 ;

• " operator ", in relation to a bus service, means—

  (a)

  the holder of the road service licence under which the service is provided ; or

  (b)

  if the service is provided otherwise than under a road service licence by, or by a subsidiary of—

  (i)

  the London Transport Executive ; or

  (ii)

  the Executive for a designated area within the meaning of section 9(1) of the [1968 c. 73.] Transport Act 1968,

  that Executive or subsidiary ;

  (c)

  if the service is provided otherwise than under a road service licence by a person—

  (i)

  in pursuance of an agreement under section 23(2) of the Transport (London) Act 1969 or under a consent continued in force or granted under Schedule 4 to that Act; or

  (ii)

  in pursuance of an agreement under section 19(2) of the [1968 c. 73.] Transport Act 1968 or under a consent granted under Schedule 6 to that Act,

  that person ;

• " road service licence " includes a permit under section 30 of the Transport Act 1968 ;

• " subsidiary " has the same meaning as for the purposes of the Transport Act 1968.’.

9 (1) The provisions specified in sub-paragraph (2) of this paragraph shall each have effect as if the reference to the London Board were omitted

(2) The provisions referred to in the foregoing sub-paragraph are—

(a) the Schedule to the [1966 c. 27.] Building Control Act 1966 (which specifies bodies to be exempted from the requirements of that Act) ;

(b) Schedule 2 to the [1966 c. 34.] Industrial Development Act 1966 (which specifies bodies not eligible for certain grants) ;

(c) Schedule 1 to the [1968 c. 32.] Industrial Expansion Act 1968 (which specifies bodies not eligible for financial support under industrial investment schemes).

10 In the [1967 c. xxxvii.] Dartford Tunnel Act 1967, section 71 shall have effect as if the proviso to subsection (1) and the proviso to subsection (3)(a) (which require the consent of the London Board to certain matters) were omitted.

11 In section 12(1) of the [1953 c. 33.] Education (Miscellaneous Provisions) Act 1953, in paragraph (a) of the proviso, for any reference to the special area there shall be substituted a reference to Greater London.

Section 23.

SCHEDULE 4 Licences or Consents for Certain Existing Services

Right to grant of road service licence or consent for certain existing services

1 Where at any time within the period of twelve months ending with the vesting date the London Board were providing any service by means of public service vehicles, being a service—

(a) the whole of which was provided under a road service licence; or

(b) for the whole or part of which a road service licence was not then, but after that date is, required,

the appropriate traffic commissioners, on an application made before the vesting date by the Executive or, where that service was provided by that part of the Board's undertaking referred to in subsection (2) of section 16 of this Act, by the designated company, shall, subject to the provision by the applicant of any information the commissioners may require for the purpose, forthwith as the case may require either grant or back a road service licence or vary the existing road service licence so as to authorise the continuation of that service for a period of three years after the vesting date by the Executive or, as the case may be, by that company in the same form as before that date ; and nothing in sections 135 to 143 of the Act of 1960 shall apply in relation to any application under this paragraph.

2 Where at any time within the period of twelve months aforesaid the part aforesaid of the London Board's undertaking was providing a London bus service, the Executive, on an application made before the vesting date by the designated company, shall forthwith grant that company a consent to the provision of that service by that company on such terms as to permit the continuation of that service for a period of three years after the vesting date in the same form as before the vesting date.

Continuation of certain consents

3 (1) Where at any time within the period of twelve months aforesaid a London bus service was provided by a person other than the London Board under a consent granted under the [1933 c. 14.] London Passenger Transport Act 1933 or under section 58(2) of the Act of 1962. then, subject to sub-paragraph (2) of this paragraph and to paragraph 11 of this Schedule, that consent, so far as it relates to the provision of that service, shall continue in force after the vesting date as if granted by the Executive under this Schedule, but with the omission of any requirement as to the obtaining of a road service licence and as if any conditions attached to the road service licence in respect of that service in force immediately before the vesting date, so far as those conditions relate to the provision of that London bus service, had been attached by the Executive to the consent.

(2) Where the consent under the said Act of 1933 or the said section 58(2) relates to a bus service part only of which is operated as a London bus service, any term or condition with respect to the carriage of passengers other than those who are both taken up and set down in Greater London subject to which that consent was granted shall be of no effect if or so far as it is inconsistent with any condition for the time being attached to the road service licence under which the service is provided.

Right of certain successors in title to grant of consent

4 Subject to paragraph 11 of this Schedule, where such a consent as is referred to in paragraph 3 of this Schedule granted to any person is continued in force in respect of a London bus service by the said paragraph 3, the Executive shall, on the application of a successor in title to the undertaking of that person so far as it consists of the provision of that service, grant to that successor in title—

(a) except where the consent so continued was permanent, a consent on the like terms ; or

(b) where the consent so continued was permanent, a consent such as to permit the continuation of that service by that successor in title in the same form for a period of one year.

5 Subject to paragraph 11 of this Schedule, while a consent granted by the Executive to any person in respect of a London bus service under paragraph 4 of this Schedule remains in force, the Executive shall on the application of any successor in title to the undertaking of that person so far as it consists of the provision of that service grant a consent on the same terms to that successor in title.

Rights pending grant of road service licence or consent in certain cases

6 Subject to paragraph 11 of this Schedule, as respects any period between the date when an application is duly made under paragraph 1, 2, 4 or 5 of this Schedule and the date of the grant of a licence or consent in pursuance of the application, a licence or consent in the form applied for shall be deemed to have been granted to the applicant on the date of the making of the application.

Right of appeal in connection with consent

7 The person to whom a consent is granted under paragraph 2, 4 or 5 of this Schedule may appeal to the metropolitan traffic commissioners within the prescribed period and in the prescribed manner on the ground that the terms on which the consent is granted do not comply with the requirements of the paragraph in question; and, on such an appeal being made, the commissioners may make such order as they think fit and the Executive shall comply with that order.

Renewal of consent

8 (1) The Executive may, if they think fit, on the application of the holder of any consent continued in force or granted under this Schedule, from time to time renew that consent for a period of one year.

(2) The person by whom an application for the renewal of a consent is made under this paragraph may appeal to the metropolitan traffic commissioners within the prescribed period and in the prescribed manner against any refusal or failure by the Executive to renew that consent; and if on such an appeal being made the commissioners are of the opinion that it would be unreasonable to refuse the application, they may order the Executive to renew the consent either on the same terms or on such other terms as appear to the commissioners to be appropriate and the Executive shall comply with that order.

(3) Where an application is made under this paragraph before the expiry of the consent to which it relates, that consent shall not cease to be in force before the expiration of the period for appealing against a refusal of or failure to grant that renewal or, if such an appeal is duly made, until the appeal is determined or withdrawn.

Variation of terms or conditions of consent

9 (1) The Executive—

(a) may on the application of the holder of any consent continued in force or granted under this Schedule vary any of the terms of, or any condition attached or deemed to be attached to, that consent; and

(b) may at any time without any such application by notice in writing to the holder of such a consent make any reasonable variation of any such term or condition ;

and the Executive shah not unreasonably refuse any application under paragraph (a) of this sub-paragraph ; but no such variation shall be made which affects the carriage of persons other than persons who are both taken up and set down in Greater London.

(2) The holder of any such consent as aforesaid may appeal to the metropolitan traffic commissioners within the prescribed period and in the prescribed manner against any refusal or failure by the Executive to make a variation of a term or condition applied for under sub-paragraph (1)(a), or against any such variation made under sub-paragraph (1)(b), of this paragraph; and, on such an appeal being made, the commissioners may make such order as they think fit and the Executive shall comply with that order.

(3) A variation of which notice is given under sub-paragraph (1)(b) of this paragraph shall not take effect until the expiration of the period for appealing against that variation or, if such an appeal is duly made, until the appeal is determined or withdrawn.

Variation of route of service to which consent relates

10 Where, in the case of any bus service in respect of which a consent continued in force or granted under this Schedule is in force, the authorised route for that service becomes impracticable but a variation of a minor nature only in that route would enable that service to be continued in substantially the same form, paragraph 9 of this Schedule shall apply to that variation of that route, so far as it lies in Greater London, as it applies to the variation of such a term or condition as is mentioned in that paragraph, but as if sub-paragraph (3) of that paragraph were omitted.

Loss of right to, or cancellation of, consent in certain cases

11 A person shall not be entitled to the grant by the Executive of a consent under this Schedule with respect to any London bus service if that person has entered into an agreement with the Executive with respect to that service under section 23(2) of this Act; and where a person has entered into such an agreement with the Executive with respect to any London bus service, any consent with respect to that service continued in force or granted under this Schedule shall be regarded as cancelled.

Power to cancel consent in certain circumstances

12 (1) A consent continued in force or granted under this Schedule may be cancelled at any time by the Executive on the ground that any of the terms of, or any condition attached or deemed to be attached to, that consent has been contravened; but, save in accordance with paragraph 11 of this Schedule, such a consent shall not be cancelled on any other ground; and the Executive shall not cancel a consent under this paragraph unless owing to the frequency of the breach of the term or condition in question, or to the breach having been committed wilfully, or to the danger to the public involved in the breach, the Executive are satisfied that the consent should be cancelled.

(2) The holder of such a consent as aforesaid which is cancelled under this paragraph may appeal against the cancellation within the prescribed period and in the prescribed manner to the metropolitan traffic commissioners, and on any such appeal the commissioners may make such order as they think fit and the Executive shall comply with that order.

(3) A cancellation of a consent under this paragraph shall not take effect until the expiration of the period prescribed for appealing against the cancellation or, if such an appeal is duly made, until the appeal is determined or withdrawn.

Interpretation

13 In this Schedule—

• " metropolitan traffic commissioners " means the traffic commissioners for the Metropolitan Traffic Area ;

• " prescribed " means prescribed by regulations made by the Minister.

Section 36.

SCHEDULE 5 Control of Off-Street Parking

PART I

Provisions as to making of regulations under section 36

1 Before deciding to propose the making of regulations under section 36 of this Act with respect to any matter, the Council shall consult with such representative organisations as they think fit and, if after such consultation they decide to make such a proposal, they shall cause to be published in the London Gazette and in one or more daily newspapers circulating throughout Greater London a notice stating that they propose to make such regulations, giving a summary of their effect, and specifying—

(a) a place at which provisional draft regulations may be inspected at all reasonable hours and from which a copy of those draft regulations may be obtained on request; and

(b) a date (not being earlier than six weeks after the date of publication of the notice) by which representations with respect to the draft regulations, which should include the grounds for any objection thereto, must be sent in writing to the Council;

and on causing such a notice to be published the Council shall send a copy of the notice and of the draft regulations to the Minister and to each local authority the whole or part of whose area is for the time being, or would under the draft regulations become, a controlled area ; and the Council shall not make any regulations in pursuance of the proposal to which the notice relates before the expiration of the period of twelve weeks beginning with the date when the notice is published.

2 As soon as may be after the date specified by the notice aforesaid for the making of representations with respect to the draft regulations, the Council shall send to the Minister copies of all representations received by them by that date or, if no representations have been so received, shall inform the Minister in writing of that fact.

3 In the case of any such proposal as aforesaid, the Minister may at any time before the expiration of the period of twelve weeks aforesaid give to the Council a direction in writing that, except with the consent of the Minister, regulations shall not be made in pursuance of that proposal—

(a) with respect to all, or with respect to such as may be specified, of the matters to which the proposal relates ; or

(b) in relation to, or to a specified part of, any specified area which has been or is proposed to be designated as a controlled area ;

and on any such direction being given the Minister shall cause notice thereof to be published in the London Gazette and the Council shall comply with that direction.

4 (1) Where in the case of any such proposal as aforesaid the Minister has given such a direction as aforesaid, he shall as soon thereafter as he is in a position to do so notify the Council in writing with respect to each of the matters or areas to which the direction relates either—

(a) that he consents to the making of regulations with respect to that matter or in relation to that area in pursuance of that proposal; or

(b) that he is not prepared in any circumstances to consent to the making of such regulations in pursuance of that proposal; or

(c) that subject to sub-paragraph (2) of this paragraph he is prepared to consider consenting to the making of such regulations in pursuance of that proposal if a revised draft is submitted to him for the purpose incorporating modifications of a specified nature or in other specified circumstances ;

and before deciding the notification to be given to the Council under this paragraph with respect to any matter or in relation to any area the Minister may if he thinks fit appoint a person to hold an inquiry in connection with that matter or area, and subsections (2) to (5) of section 290 of the [1933 c. 51.] Local Government Act 1933 shall apply to any such inquiry as they apply to such an inquiry as is referred to in subsection (1) of that section, with the substitution for any reference to a department of a reference to the Minister.

(2) The Minister shall not consider any such revised draft as is referred to in sub-paragraph (1)(c) of this paragraph unless he is satisfied that the Council—

(a) have taken appropriate steps to inform any persons affected by the modifications incorporated in the revised draft of the nature of those modifications and have afforded those persons a reasonable opportunity to make representations with respect to the revised draft regulations ; and

(b) have supplied the Minister with copies of any such representations made.

5 (1) In the case of any such proposal as aforesaid, the Council may if they think fit at any time after the expiration of the period of twelve weeks aforesaid make regulations in pursuance of that proposal with respect to any matter or in relation to any area which is not the subject of a direction under paragraph 3, or which is the subject of a consent under paragraph 4(1)(a) of this Schedule, being regulations either—

(a) in the form of the provisional draft with any modifications necessary in consequence of any such direction with respect to any other matter or area ; or

(b) subject to sub-paragraph (2) of this paragraph, in the form of that draft modified in such manner as the Council think fit, whether as a result of any representations to which paragraph 2 of this Schedule applies or otherwise.

(2) The Council shall not make any regulations by virtue of sub-paragraph (1)(b) of this paragraph unless a draft of the regulations in the form in which they are to be made has been submitted to the Minister and the Minister has given his consent to their being made.

6 In deciding in the case of any such proposal as aforesaid whether or not to make any regulations in pursuance thereof by virtue of paragraph 5 of this Schedule the Council shall have regard to any representations to which paragraph 2 of this Schedule applies ; and in deciding whether or not to give any consent under this Part of this Schedule to the making of regulations by the Council in pursuance of any such proposal, the Minister shall have regard to any such representations, to the report of any person appointed to hold an inquiry under paragraph 4 of this Schedule in connection with the proposal in question, and to any such representations as are referred to in sub-paragraph (2) of the said paragraph 4 ; and the Minister shall cause notice of the giving by him of any consent under this Part of this Schedule to be published in the London Gazette.

PART II

Revocation or variation of permanent licence

7 Subject to the provisions of Parts III and IV of this Schedule with respect to appeals and compensation, the provisions of this Part of this Schedule shall apply in relation to any permanent licence granted by the local authority.

8 If at any time it appears to the local authority expedient to do so in the interests of the proper planning of transport in Greater London, they may by not less than twelve months notice in writing to the holder of the licence either—

(a) revoke the licence ; or

(b) vary the terms and conditions thereof specified under section 36(4)(b) and (c) of this Act.

9 If at any time it appears to the local authority that the holder of a licence (whether the person for the time being holding that licence or a previous holder thereof) has discontinued making parking spaces available to the public at the licensed parking place and that the discontinuance has lasted for a period of not less than two years, then, subject to paragraph 13 of this Schedule, they may by notice in writing to the holder of the licence revoke it.

10 If at any time it appears to the local authority that for a period of not less than two years the person, or each of the persons, who was for the time being during that period the holder of a licence in respect of a licensed parking place has made available to the public at that parking place a substantially lower number of parking spaces than that authorised by the licence, then, subject to paragraph 13 of this Schedule, they may by notice in writing to the holder of the licence vary the terms and conditions of the licence specified under the said section 36(4)(b) and (c) so as to authorise the provision at the licensed parking place of only that number of parking spaces which it appears to the local authority was being provided at the date of the notice.

11 If in the case of a licensed parking place which was ready for operation at the date of the grant of the licence the local authority are satisfied at any time that for a period of not less than two years beginning with that date the person, or each of the persons, who was for the time being during that period the holder of the licence has not made any significant number of parking spaces available to the public at the licensed parking place, then, subject to paragraph 13 of this Schedule, they may by notice in writing to the holder of the licence revoke it.

12 (1) Where at the date when the licence was granted the development as a public off-street parking place of the premises in respect of which the licence was granted had not been begun or had not been completed then, subject to paragraph 13 of this Schedule—

(a) if there has been a period of not less than three years since that date without that development being begun, or

(b) if there has been a period of not less than seven years since that date without that development being completed, or

(c) if for a period of not less than two years beginning with the date of the completion of that development the person, or each of the persons, who was for the time being during that period the holder of the licence has not made any significant number of parking spaces available to the public at the licensed parking place,

the local authority may by notice in writing to the holder of the licence revoke it.

(2) For the purposes of the foregoing sub-paragraph, the development there referred to shall be taken to begin at the earliest date on which any specified operation within the meaning of section 64(3) of the [1967 c. 1.] Land Commission Act 1967 comprised in that development begins to be carried out.

13 Where notice under paragraph 9, 10, 11 or 12(1) of this Schedule is given after the expiration of the relevant period referred to in the paragraph in question the notice shall be of no effect if it is given more than three months after the expiration of that period.

PART III

Rights of appeal

14 (1) If a person who is, or who proposes to become, the operator of a public off-street parking place in a controlled area or any other person entitled to an interest in the premises used or proposed to be used for the purposes of that parking place is aggrieved by a decision of the local authority—

(a) to refuse an application for the grant of a licence in respect of those premises ; or

(b) as to the terms and conditions to be specified under section 36(4)(b) and (c) of this Act in a licence granted in respect of those premises ; or

(c) to refuse an application for a variation of the terms and conditions so specified in a permanent licence granted in respect of those premises ; or

(d) to revoke a licence granted in respect of those premises ; or

(e) to vary under Part II of this Schedule any of the terms and conditions specified under the said section 36(4)(b) and (c) in a permanent licence granted in respect of those premises,

he may by notice served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as the Minister may by regulations under paragraph 17 of this Schedule direct, appeal to the Minister from that decision.

(2) If in a case where—

(a) a person makes an application to the local authority for a licence in respect of premises in respect of which a licence is not for the time being in force ; or

(b) the person who is the holder of a permanent licence in respect of any premises duly makes an application to the local authority for a specified variation of the terms and conditions of the licence specified under the said section 36(4)(b) and (c),

the local authority have not notified that person of their decision on his application by the expiration of the period of two months beginning with the date when they received the application or such longer period beginning with that date as may have been agreed for the purpose between that person and the local authority, the local authority shall be deemed for the purposes of this Schedule to have notified that person at the date of the expiration of that period that they have decided to refuse the application.

15 The Minister shall not be required to entertain an appeal under this Part of this Schedule from any decision of a local authority if or to the extent that it appears to him that the decision was necessary in order to comply with the requirements of section 36 of this Act or with any regulations made by the Council by virtue of subsection (6) of that section which are for the time being in force.

16 (1) Subject to sub-paragraph (2) of this paragraph, before determining an appeal under this Part of this Schedule the Minister shall, if either the appellant or the local authority so request, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Minister for the purpose.

(2) If the Minister thinks fit in any case where such a request as aforesaid is made, he may, instead of complying with that request, appoint a person to hold an inquiry in connection with the appeal, and subsections (2) to (5) of section 290 of the [1933 c. 51.] Local Government Act 1933 shall apply to any such inquiry as they apply to such an inquiry as is referred to in subsection (1) of that section, with the substitution for any reference to a department of a reference to the Minister.

17 (1) The Minister may by regulations make provision as to the procedure to be followed in connection with appeals under this Part of this Schedule, including the procedure in connection with matters preparatory to, or subsequent to, the consideration of the appeal.

(2) Any such regulations shall include provision for the giving of notice to the Council of any appeal under this Part of this Schedule and of any request made under paragraph 16(1) thereof, and for enabling the Council to make representations with respect to the matter in question and to appear before and be heard by any person appointed by the Minister for the purposes of sub-paragraph (1) or (2) of the said paragraph 16.

(3) Any regulations under this paragraph shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament.

18 (1) On an appeal being brought under this part of this Schedule from a decision of the local authority, the Minister may either dismiss the appeal or substitute for that decision such other decision, as he thinks fit; and, subject to sub-paragraph (2) of this paragraph, the decision of the Minister on the appeal shall be final and shall be binding both on the appellant and on the local authority, and the local authority shall take such steps as may be necessary to give effect to any such substituted decision.

(2) Subsection (1) of section 9 of the [1958 c. 66.] Tribunals and Inquiries Act 1958 (which relates to appeals on points of law from decisions of certain tribunals) shall apply to a decision of the Minister on an appeal under this Part of this Schedule as it applies to a decision of any of the tribunals mentioned in that subsection, but as if the reference to any party to proceedings before such a tribunal were a reference to the local authority or any person who had, or if aggrieved would have had, a right to appeal to the Minister under this Part of this Schedule, whether or not he has exercised that right; and accordingly references in subsections (1) and (3) of that section to a tribunal shall be construed in relation to such an appeal as references to the Minister.

PART IV

Right to compensation in certain circumstances

19 Where a person who, at the date when an area is first designated as a controlled area by regulations of the Council under section 36 of this Act, is the operator of a public off-street parking place at premises in that area which have at that date been used as such a parking place for a continuous period of not less than six months duly makes an application to the local authority for a licence in respect of those premises before the expiration of the period prescribed for such applications in respect of parking places in operation at that date, and the local authority decide either—

(a) to refuse the application ; or

(b) to grant the applicant a licence on terms and conditions specified under subsection (4)(b) and (c) of the said section 36 such that under the licence the applicant will not be able to operate the premises as a parking place to such advantage or potential advantage as immediately before he made his application,

paragraph 22 of this Schedule shall apply to that decision of the local authority.

20 Where—

(a) at the date when notice of a proposal to make regulations under the said section 36 designating an area as a controlled area for the purposes of that section is published by the Council under paragraph 1 of this Schedule—

(i) planning permission has been granted for a development which consists of or includes the provision at any premises in that area of a public off-street parking place ; and

(ii) that development involves substantial building or engineering operations within the meaning of section 221(1) of the [1962 c. 38.] Town and Country Planning Act 1962; and

(iii) either one or more specified operations within the meaning of section 64(3) of the [1967 c. 1.] Land Commission Act 1967 comprised in that development have begun to be carried out or a contract (other than a lease) has been entered into with a person carrying on a business consisting wholly or mainly of the execution of building operations or of building operations and engineering operations whereby that person has undertaken to erect in the course of that business at the said premises a building or structure as a place for the provision of parking spaces for motor vehicles; and

(b) at the date when the area is designated as a controlled area in pursuance of that proposal those premises have not been in use as such a parking place to the full extent provided for by the planning permission for a continuous period of not less than six months ; and

(c) the person operating or proposing to operate those premises as such a parking place duly makes application to the local authority for a licence in respect of those premises before the expiration of the period prescribed for such applications in respect of parking places in operation at the date referred to in sub-paragraph (b) of this paragraph ; and

(d) the local authority decide either—

(i) to refuse the application ; or

(ii) to grant the applicant a licence on terms and conditions specified under subsection (4)(b) and (c) of the said section 36 such that under the licence the applicant will not be able to operate the premises as such a parking place to such advantage or potential advantage as if the area had not been designated as a controlled area,

paragraph 22 of this Schedule shall apply to that decision of the local authority.

21 Paragraph 22 of this Schedule shall apply to any decision of the local authority—

(a) to revoke a permanent licence under paragraph 8 of this Schedule ; or

(b) to vary under the said paragraph 8 any of the terms and conditions specified in a permanent licence under the said section 36(4)(b) and (c) in such manner that the holder of the licence will not be able to operate the licensed parking place to such advantage or potential advantage as if the variation had not been made ; or

(c) to refuse an application by the holder of a permanent licence for a specified variation of the terms and conditions specified under the said section 36(4)(b) and (c) in a case where—

(i) by reason of a happening beyond the control of the holder of the licence he cannot continue to operate the licensed parking place in accordance with the licence as for the time being in force to such advantage or potential advantage as before that happening ; and

(ii) the making of that variation would wholly or partly mitigate the adverse effects of that happening without enabling the holder of the licence to operate the licensed parking place to greater advantage or potential advantage than before that happening.

22 (1) If, on a claim made to the local authority in writing within the period of six months or such longer period as may be allowed under sub-paragraph (2) of this paragraph beginning with the date when the person who is, or who proposes to become, the operator of a public off-street parking place is, or is deemed under paragraph 14(2) of this Schedule to have been, notified of a decision of the local authority under section 36 of this Act or Part II of this Schedule relating to that parking place, that person or any other person entitled to an interest in the premises used or proposed to be used for the purposes of that parking place shows that the decision is one to which, under paragraph 19, 20 or 21 of this Schedule, this paragraph is to apply and that the claimant has suffered damage in consequence of that decision by depreciation of the value of his interest in those premises, or by being disturbed in his enjoyment of those premises, the local authority shall pay the claimant compensation in respect of that damage.

(2) If within the period of six months referred to in sub-paragraph (1) of this paragraph any such person as is referred to in that sub-paragraph has made an application to the Minister for that purpose and has given notice to the local authority of the making of that application, the Minister may, if he thinks fit in the circumstances of the case, direct that the said sub-paragraph (1) shall apply in relation to the decision in question as if for the reference in that sub-paragraph to six months there were substituted a reference to such longer period as the Minister thinks fit.

(3) For the purpose of determining whether or not a claimant has suffered such damage as aforesaid, there shall be taken into account any alternative use to which the premises aforesaid could reasonably be put, being a use in the case of which the local authority show either—

(a) that any necessary planning permission, whether conditional or unconditional, for that use has already been granted ; or

(b) that the local planning authority have given an undertaking that if planning permission for that use is applied for it will be granted either unconditionally or subject to specified conditions ;

and in a case where this paragraph applies by virtue of paragraph 21(c) of this Schedule there shall also be taken into account any alternative variation to that applied for by the holder of the licence in question which the local authority have undertaken to grant on an application being made for that purpose.

(4) Section 127 of the [1962 c. 38.] Town and Country Planning Act 1962 shall apply to any compensation payable under sub-paragraph (1) of this paragraph in respect of depreciation of the value of a claimant's interest in the premises aforesaid ; and any question as to the right to, or the amount of, compensation under the said sub-paragraph (1) shall be referred to and determined by the Lands Tribunal, and in relation to the determination of any such question the provisions of sections 2 and 4 of the [1961 c. 33.] Land Compensation Act 1961 shall apply subject to any necessary modifications.

(5) Where compensation has become payable under sub-paragraph (1) of this paragraph in respect of an interest in any premises and subsequently an order with respect to the use of those premises as a parking place is made under section 27 or section 28 of the said Act of 1962, the amount of that compensation shall be taken into account in assessing any compensation on a claim by reason of expenditure, loss or damage in consequence of that order made in respect of that interest under section 118 or, as the case may be, section 124 of that Act.

(6) Where any expenses are incurred by a local authority in the payment of compensation under sub-paragraph (1) of this paragraph in consequence of a decision of theirs, then, if or to any extent to which it appears to the Minister that the decision was attributable to regulations made by the Council under subsection (6) of the said section 36, the Minister may, if it appears to him to be expedient to do so, require the Council to contribute towards those expenses such sum as appears to him to be reasonable.

23 Where notice of appeal from any such decision of the local authority as is referred to in paragraph 19, 20 or 21 of this Schedule has been duly given under Part III of this Schedule—

(a) paragraph 22 of this Schedule shall not have effect in relation to that decision until that appeal is determined or abandoned;

(b) the person who is, or who proposes to become, the operator of a public off-street parking place at the premises to which the decision relates shall be deemed for the purposes of the said paragraph 22 to have been notified of the local authority's decision on the date when the appeal is determined or abandoned ; and

(c) if on that appeal the Minister substitutes a different decision for that of the local authority, the local authority shall be deemed for the purposes of the said paragraph 22 to have made that substituted decision and not their original decision.

24 Where, in the case of a decision of the local authority relating to any premises, paragraph 22 of this Schedule applies to that decision both by virtue of paragraph 19 and by virtue of paragraph 20 of this Schedule, then—

(a) upon the person who is, or who proposes to become, the operator of a public off-street parking place at those premises making a claim in respect of that decision under the said paragraph 22 by virtue of either of the said paragraphs 19 and 20, any subsequent claim in respect thereof by that person by virtue of the other of those paragraphs, and any claim in respect thereof made whether before or after that person's claim by any other person by virtue of the other of those paragraphs, shall be of no effect; and

(b) subject to the foregoing sub-paragraph, if a claim in respect of that decision is made under the said paragraph 22 by any person by virtue of either of the said paragraphs 19 and 20 any subsequent claim in respect thereof by virtue of the other of those paragraphs shall be of no effect.

PART V

Permissible periods of unlicensed operation of parking place

25 Where, at the date when any area first becomes a controlled area, a person is operating a public off-street parking place in that area, he shall not be guilty of an offence under section 36(12) of this Act by reason of continuing to operate the parking place after that date without a licence—

(a) at any time before the expiration of the period prescribed for the making of applications for licences in respect of parking places in operation at that date ; or

(b) if during that period he duly makes an application for a licence in respect of the parking place, at any time after the expiration of that period but before the local authority notify him either that he has been granted a licence or that his application is refused ; or

(c) if the local authority notify him that his application is refused, at any time thereafter before the expiration of the time for giving notice of appeal from that decision under Part III of this Schedule ; or

(d) if such a notice of appeal is duly given, at any time there after until either the local authority's decision becomes finally effective under the procedure provided for by the said Part III or the licence is granted.

26 Where in pursuance of the application referred to in sub-paragraph (b) of paragraph 25 of this Schedule the person referred to in that paragraph is granted a licence, he shall not be guilty of an offence under subsection (10) of the said section 36 by reason of contravening or failing to comply with any of the terms and conditions specified in the licence under subsection (4)(b) and (c) of that section—

(a) at any time before the expiration of the time for giving notice of appeal under Part III of this Schedule from the decision of the local authority as to those terms and conditions ; or

(b) if such a notice of appeal is duly given, at any time there after until either the local authority's decision becomes finally effective under the procedure provided for by the said Part III or the terms and conditions specified as aforesaid in the licence are varied as a result of that procedure.

27 Where the operator of a public off-street parking place who is the holder of a licence in respect of that parking place granted for a limited period duly makes an application to the local authority before the date of expiry of that licence for a new licence (whether permanent or for a limited period) authorising the operation of that parking place for a further period after that date, then, if and for so long as he continues to operate that parking place after that date in accordance with the terms and conditions of the expired licence (other than the provision as to its date of expiry)—

(a) he shall not be guilty of an offence under the said section 36(12) by reason of operating the parking place after the date aforesaid without a licence—

(i) at any time before the local authority notify him either that he has been granted a new licence in respect of the parking place or that his application is refused ; or

(ii) if the local authority notify him that his application is refused, at any time thereafter before the expiration of the period for giving notice of appeal from that decision under Part III of this Schedule ; or

(iii) if such a notice of appeal is duly given, at any time thereafter until either the local authority's decision becomes finally effective under the procedure provided for by the said Part III or a new licence is granted ;

(b) where he is granted a new licence in pursuance of the application aforesaid, he shall not be guilty of an offence under subsection (10) of the said section 36 by reason or contravening or failing to comply with any of the terms and conditions specified in that new licence under subsection (4)(b) and (c) of that section—

(i) at any time before the expiration of the time for giving notice of appeal under Part III of this Schedule from the decision of the local authority as to those terms and conditions ; or

(ii) if such a notice of appeal is duly given, at any time thereafter until either the local authority's decision becomes finally effective under the procedure provided for by the said Part III or the terms and conditions specified as aforesaid in the new licence are varied as a result of that procedure.

Section 47.

SCHEDULE 6 Repeals

Chapter	Short Title	Extent of Repeal
23 & 24 Geo. 5. c. 14.	The London Passenger Transport Act 1933.	Sections 16, 17, 25 and 26.
		In section 107(1), the definition of " Special Area ".
		Parts II to IV of Schedule 7.
1 & 2 Geo. 6. c. xcii.	The London Passenger Transport Act 1938.	Section 66.
1 & 2 Eliz. 2. c. 33.	The Education (Miscellaneous Provisions) Act 1953.	Section 12(3).
5 & 6 Eliz. 2. c. 20.	The House of Commons Disqualification Act 1957.	In Part II of Schedule 1, and in the Part substituted therefor by Schedule 1II, the entry " The London Transport Board ".
7 & 8 Eliz. 2. c. 25.	The Highways Act 1959.	In section 295(1), the definition of " metropolitan road ".
8 & 9 Eliz. 2. c. 16.	The Road Traffic Act 1960.	In section 120, in subsection (1), the words " other than the Metropolitan Traffic Area ", subsection (2), and in subsection (4) the words from " and references" onwards.
		In section 121(1), the words " other than the Metropolitan Traffic Area ".
		Section 122.
		In section 123(2), the words "the traffic commissioner for the Metropolitan Traffic Area ", the word " other ", the words " the said commissioner or" in the first place where they occur, and the words " said commissioner or " in the second place where they occur.
		In section 123(3), the words " traffic commissioner or " wherever they occur, and the words "traffic commissioner's or".
		In section 125(1), the words "to the traffic commissioner for the Metropolitan Traffic Area " and the word "other".
		In section 125(2), the words "or to the traffic commissioner for the Metropolitan Traffic Area ".
		In section 126, the words from "(other than the Metropolitan Traffic Area)" onwards.
		In section 135(2), the words from " except" to " Area " where next occurring.
		In section 135(7), the words from " except" to " Area " where next occurring.
		In section 136(2), the words from " except" to " Area" where next occurring.
		Sections 141, 142, 153(5), 161(2) and 165(3).
		In section 193(1), the words from "or is" to "so constituted " and the words "or commissioner".
		In section 252(1), the words from "and references " onwards.
		In section 252(2), the words from the beginning to "special area ".
		So much of Schedule 17 as amends section 16 or 17 of the London Passenger Transport Act 1933.
10 & 11 Eliz. 2. c. 46.	The Transport Act 1962.	In section 1(1), the word "four" and the words from "the London Transport " to "London Board".
		Sections 1(4), 3(2), 7 and 8.
		In section 13(3) the words from " or section" onwards.
		Sections 19(3)(ii), 44 to 49, 57(3)(a), 58 and 59.
		In section 85(1) the words from " Before " where first occurring onwards.
		In section 92(1) the definitions of " the London Passenger Transport Area " and "the London Special Area".
		In Schedule 2, so much of Part I as relates to section 141 or 142 of the Road Traffic Act 1960.
		Part II of Scheduled
		In Schedule 10, in paragraph 9, the words from " but" onwards.
10 & 11 Eliz. 2. c. 59.	The Road Traffic Act 1962.	In Schedule 4, so much of Part I as relates to section 135,136 or 142 of the Road Traffic Act 1960.
1963 c. 33.	The London Government Act 1963.	In section 14(6)(d), the words "and 141(2) to (6)", the word "respectively", and the words from " and to " to " area ".
		In section 17, subsections (1) to (3), in subsection (4) the words from " (otherwise " to " section)", and subsection (6).
		In section 89(1), the definition of " metropolitan road ".
		In Part I of Schedule 5, paragraph 26.
		In Schedule 6, paragraph 68(d).
		Schedule 7.
		In Schedule 17, paragraphs 7 and 26(a) and (c).
1966 c. 17.	The Transport Finances Act 1966.	Section 1(3).
1966 c. 27.	The Building Control Act 1966.	In the Schedule, the entry "The London Transport Board ".
1966 c. 32.	The Selective Employment Payments Act 1966.	In Part I of Schedule 1, paragraph 10.
		In Part III of Schedule 1, the entry beginning "The London ".
1966 c. 33.	The Prices and Incomes Act 1966.	In Schedule 3, paragraph 2(1)(g).
1966 c. 34.	The Industrial Development Act 1966.	In Schedule 2, the entry " The London Transport Board ".
1967 c. 76.	The Road Traffic Regulation Act 1967.	Section 6(8)(b).
		In section 6(12), the words " the London special area and".
		Section 9(8)(b).
		Section 56(2).
		In section 104(1) the definition of " metropolitan road ".
1967 c. xxxvii.	The Dartford Tunnel Act 1967.	In section 71, in subsection (1) the words from the beginning to " 1960 " and the proviso, and in subsection (3)(a) the proviso.
1968 c. 32.	The Industrial Expansion Act 1968.	In Schedule 1, the entry " The London Transport Board ".
1968 c. 73.	The Transport Act 1968.	Sections 24(3)(a), 33(2) and 41(6).
		In section 54(5)(d), the words "as the case may be the London Board and ".
		Section 59(4).
		In section 138(3), the words " or the London Board ".
		In section 145(2), the words "the traffic commissioner for the Metropolitan Traffic Area or ", the word "other ", and the words "any of".
		In section 159(1), in the definition of "the Boards", the words "the London Transport Board and the definition of " the London Board