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There are currently no known outstanding effects for the Railway and Canal Traffic Act 1888, Section 54.
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(1)Where any local authority having power under this Act . . . F1 to enter into any agreement to pay the whole or a portion of the expenses of complying with an order of . . . F1 the Board of Trade, or to make any application for the abandonment or acquisition of a canal under this Act, incur any expenses in or incidental to such complaint, opposition, agreement, or application, such expenses may be defrayed out of the rates or funds out of which the expenses incurred by such authority in the execution of their ordinary duties are defrayed, . . . F2
(2)A local authority may enter into any contract involving the payment by themselves and their successors of any expenses authorised by this section to be defrayed.
[F3(3)Where any such local authority have no power to borrow money for the purpose of defraying any expenses authorised by this section, such authority . . . F4 may, with the consent of the Board of Trade in the case of any harbour board or conservancy authority, and with the consent of [F5the Secretary of State] in the case of any other authority, borrow money in manner provided by the M1Local Loans Act 1875, on the security of the rates or funds out of which the expenses are authorised to be defrayed, and the prescribed period for the loan shall be such period as the Board giving such consent may approve.
(4)On the request of any board whose consent is required for such loan, the Board of Trade . . . F1 shall certify such particulars respecting the amount of the said expenses and the propriety of incurring the same and of borrowing for the payment thereof as may be requested by such board.]
(5)In Ireland, any authority borrowing in pursuance of this section may borrow in manner provided by the M2Public Health (Ireland) Act 1878 in like manner as if the provisions of that Act with respect to borrowing were re-enacted in this section, and in terms made applicable thereto.
Textual Amendments
F1Words repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I
F2Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F3S. 54(3)(4) repealed (E.W.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194, Sch. 12 Pt. I
F4Words repealed by Highways Act 1959 (c. 25), Sch. 25 and London Government Act 1963 (c. 33), Sch. 6 para. 70
F5Words substituted by virtue of Ministry of Health Act 1919 (c. 21), s. 3(1)(a) Sch. 1 para. 1, S.I. 1951/142 (1951 I, p. 1348), art. 3(1), 1951/753 (1951 I, p. 1354), arts. 2(1), 8(1), 1951/1900 (1951 I, p. 1347), (W.) 1965/319, arts. 2(1) 10(1)(a), Sch. 1 Pt. I and (E.) 1970/1681, arts. 2(1), 6(3)
Modifications etc. (not altering text)
C1Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R.& O. 1923/405 (Rev. V, p. 298; 1923 p. 400), art. 2
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