Transport Act 1962

Part III U.K. Transport Charges and Facilities

General U.K.

43 Charges and facilities: general provisions. U.K.

(1) Subject to this Act,—

(a) all charges schemes under Part V of the M1 Transport Act 1947, shall cease to have effect, and

(b) no local enactment passed or made with respect to any particular undertaking so far as it limits the discretion of the persons carrying on that undertaking as to the charges to be made by them—

(i) for the carriage of passengers or goods,

(ii) for the use of any railway, or of any inland waterway by any ship or boat,

(iii) for services and facilities connected with the carriage of passengers or goods, or with the use of any railway, or of any inland waterway by any ship or boat, or

(iv) for services and facilities in or connected with a harbour,

(whether by specifying, or providing for specifying, the charges to be made, or fixing, or providing for fixing, maximum charges, or otherwise) shall apply to the charges of the [F1 British Waterways Board [F2 or Canal & River Trust] F3 ...].

(2) Paragraph (b) of the foregoing subsection shall not be read as exempting the [F1 British Waterways Board [F4 or Canal & River Trust] F3 ...] from any local enactment so far as it expressly provides for freedom from charges or otherwise prohibits the making of any charge.

(3) Subject to this Act and to any such enactment as is mentioned in the last foregoing subsection, the [F5 British Waterways Board [F6 and Canal & River Trust] F7 ...] shall [F8 each] have power to demand, take and recover [F9 or waive] such charges for their services and facilities, and to make the use of those services and facilities subject to such terms and conditions, as they think fit.

(4) [F10 The British Waterways Board [F11 and Canal & River Trust] shall not] be subject to the enactments listed in the Eighth Schedule to this Act (which—

(a) impose a duty to afford reasonable services and facilities, and

(b) regulate liability for negligence in the carriage of goods, and

(c) authorise the revision of railway freight charges on complaint by competitors or traders).

(5) No local enactment passed or made with respect to any particular undertaking so far as it imposes on the persons carrying on that undertaking—

(a) a duty to connect, or afford facilities for the connection of, any siding to a railway, or

(b) a duty to permit privately owned railway wagons to be used on a railway owned or operated by them, or

(c) a duty (otherwise than to a named person, or to the successors of a named person, or for the benefit of specified lands) to provide or maintain any other railway services or facilities (including the provision of stations, sidings or carriages and of any services, facilities or amenities connected therewith),

or so far as it otherwise makes provision corresponding to any of the enactments listed in the Eighth Schedule to this Act, shall apply to any of the Boards [F12 or Canal & River Trust] F13 ....

(6) [F14 The British Waterways Board [F15 and Canal & River Trust] shall not] be regarded as common carriers by rail or inland waterway.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(8) The services and facilities referred to in subsection (3) of this section include, in the case of the British Waterways Board [F17 and Canal & River Trust], the use of any inland waterway owned or managed by them by any ship or boat.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

F1 Words in s. 43(1)(2) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 1(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (with Sch. 2 Pt. II)

F2 Words in s. 43(1) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 19(2) (with arts. 4-6)

F3 Words in s. 43(1)(2) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 1(2)(a), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

F4 Words in s. 43(2) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 19(2) (with arts. 4-6)

F5 Words in s. 43(3) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 1(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (with Sch. 2 Pt. II)

F6 Words in s. 43(3) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 19(3)(a) (with arts. 4-6)

F7 Words in s. 43(3) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 1(2)(b), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.

F8 Word in s. 43(3) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 19(3)(b) (with arts. 4-6)

F9 Words inserted by Transport Act 1968 (c. 73), s. 50(10)

F10 Words in s. 43(4) substituted (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 1(2)(c); S.I. 2006/2911, art. 2, Sch.

F11 Words in s. 43(4) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 19(4) (with arts. 4-6)

F12 Words in s. 43(5) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 19(5) (with arts. 4-6)

F13 Words in s. 43(5) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 1(2)(a), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.

F14 Words in s. 43(6) substituted (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 1(2)(c); S.I. 2006/2911, art. 2, Sch.

F15 Words in s. 43(6) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 19(6) (with arts. 4-6)

F16 S. 43(7) repealed by Unfair Contract Terms Act 1977 (c. 50), Sch. 4

F17 Words in s. 43(8) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 19(6) (with arts. 4-6)

F18 S. 43(9) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI

Modifications etc. (not altering text)

C1 S. 43 extended by Harbours Act 1964 (c. 40), s. 32(8) and Transport Act 1968 (c. 73), s. 47; amended by Transport (London) Act 1969 (c. 35), s. 28

C2 S. 43(1)-(3) extended by Transport Act 1968 (c. 73), s. 51(2)

C3 S. 43(3) amended by Harbours Act 1964 (c. 40), s. 37

Marginal Citations

M1 1947 c. 49.

44—49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 E+W+S

Textual Amendments

F19 Ss. 44–49 repealed by Transport (London) Act 1969 (c. 35), s. 27(1), Sch. 6

Charges and conditions at harbours E+W+S

50 †Port charges and conditions at harbours. E+W+S

(1) The provisions of the Ninth Schedule to this Act shall have effect as regards the powers of the Boards [F20 and Canal & River Trust] to make . . . F21 charges at the harbours specified in that Schedule.

(2) Subsection (3) of section forty-three of this Act shall not authorise the Boards [F22 or Canal & River Trust] to make the use of their services and facilities at the said harbours subject to any term or condition which the Boards [F22 or Canal & River Trust] would not be able to impose apart from that subsection.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F20 Words in s. 50(1) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 20(2) (with arts. 4-6)

F21 Word repealed by Harbours Act 1964 (c. 40), Sch. 6

F22 Words in s. 50(2) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 20(3) (with arts. 4-6)

F23 Ss. 50(3), 51 repealed by Harbours Act 1964 (c. 40), Sch. 6

Modifications etc. (not altering text)

C4 Unreliable marginal note

C5 S. 50 excluded (27.2.2008) by Port of Weston Harbour Revision Order 2008 (S.I. 2008/230), arts. 1, 5(6)

51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 E+W+S

Textual Amendments

F24 Ss. 50(3), 51 repealed by Harbours Act 1964 (c. 40), Sch. 6

Miscellaneous U.K.

52 Independent railway and inland waterway undertakings. E+W+S

(1) Sections three and four of the M2 Transport Charges, &c. (Miscellaneous Provisions) Act 1954 (under which charges schemes under the M3 Transport Act 1947, may be applied to independent undertakings), together with any orders under those sections, shall cease to have effect, and the enactments listed in the Eighth Schedule to this Act shall cease to have effect not only as regards the Boards but also as regards any other undertakings.

(2) Paragraph (b) of subsection (1), and subsections (2), (3), (5) and (6) of section forty-three of this Act shall apply to any independent railway undertaking or independent inland waterway undertaking, subsection (7) of that section shall apply to any independent railway undertaking, and subsection (8) of that section shall apply to any independent inland waterway undertaking, as those subsections apply to the Boards.

(3) Paragraph (b) of subsection (1) of section six of the M4 Transport Charges &c. (Miscellaneous Provisions) Act 1954 (which relates to the revision of charges), shall not apply to any inland waterway undertaking which is an independent inland waterway undertaking within the meaning of this section.

(4) In this section—

• “independent railway undertaking” means a railway undertaking not forming part of the undertaking of any of the Boards, being an undertaking the carrying on of which is authorised by, or by an order made under, an Act of Parliament;

• “independent inland waterway undertaking” means an undertaking not forming part of the undertaking of any of the Boards [F25 or Canal & River Trust], being an undertaking engaged in conserving, maintaining, improving or working a canal or other inland navigation or the navigation of a tidal water, but does not include—

  (a)

  an undertaking none of the charges of which has been the subject of a Provisional Order made, and confirmed by Parliament, in pursuance of sections twenty-four and thirty-six of the M5 Railway and Canal Traffic Act 1888, or

  (b)

  an undertaking forming part of a harbour undertaking if the inland waterway is situated wholly within the limits of the harbour, or

  (c)

  an undertaking all or any of the charges of which are, under the statutory provisions relating to that undertaking, subject to revision by the Minister and some other Minister acting together;

• “railway” does not include—

  (a)

  a light railway laid wholly or mainly along a public carriageway and used wholly or mainly for the carriage of passengers, or

  (b)

  a railway which, under the statutory provisions relating thereto, is to be treated as forming part of a tramway, or

  (c)

  a railway laid wholly or mainly over a beach or wholly along a pier, or

  (d)

  a railway of the nature of a lift providing communication between the top and bottom of a cliff;

• “undertaking” means an undertaking carried on in Great Britain.

(5) This section shall apply to an independent railway undertaking or independent inland waterway undertaking whether or not the undertaking is also engaged in other activities, but shall not apply in respect of any such other activities.

Textual Amendments

F25 Words in s. 52(4) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 21 (with arts. 4-6)

Modifications etc. (not altering text)

C6 S. 52(4) amended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2)(a), Sch. 4 para. 6(2)(5)

C7 S. 52(4) modified (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 1(1), Sch. 1 para. 2(2)(a)

Marginal Citations

M2 1954 c. 64.

M3 1947 c. 49.

M4 1954 c. 64.

M5 1888 c. 25.

F26 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F26 S. 53 repealed (6.1.1994) by 1993 c. 43, ss. 150(1)(o), 152(1)(3), Sch. 12 para. 5(2)(d), Sch. 14; S.I. 1993/3237, art. 2(2)

F27 54 Advance information about railway and shipping closures. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 S. 54 omitted (15.7.2003) by virtue of The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 1(1), Sch. 1 para. 2(4)