Part IV Miscellaneous and General
Provisions relating to the Boards
58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
61 Amendment of enactments relating to inland waterways.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
C12
Sections thirty-five and thirty-six of the Transport Act, 1947 (under which the Commission may apply a licensing system to canal carriers on an inland waterway belonging to them), shall cease to have effect.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
F54
The definition of “ statutory water undertakers ” in subsection (1) of section fifty-nine of the M1 Water Act 1945, shall not include the British Waterways Board.
62 Local enactments relating to the supply of water for canals.
1
Any local enactment which authorises the British Waterways Board F45or Canal & River Trust to take water for the purpose (whether express or implied) of using the water for a canal owned or managed by the British Waterways Board F46or, as the case may be, Canal & River Trust, or for purposes which include that purpose, shall have effect as if that purpose included the purpose of selling, or affording the use of, water from the canal; and the British Waterways Board F46or, as the case may be, Canal & River Trust may exercise their powers under Part I of this Act accordingly.
2
The foregoing subsection shall not be taken as authorising the British Waterways Board F47or, as the case may be, Canal & River Trust—
a
to disregard any restriction, whether as regards quantity or rate or otherwise, on the water which may be taken from any source, or
b
to affect the level or flow of water in any part of the canal, or in any river or watercourse fed from the canal, to a degree which conflicts with any of the Board’s obligations F48or, as the case may be, Canal & River Trust’s obligations, and in particular with any statutory obligation to maintain the canal in a navigable condition.
F4963 Abstraction of water by British Waterways Board.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
65 The railway savings banks.
1
In this section—
“the railway savings banks” means the savings banks established under—
section twenty-three of the M2Metropolitan Railway Act 1873,
section forty-five of the M3Great Western Railway Act 1885,
section eighteen of the M4Taff Vale Railway Act 1895,
section sixty-one of the M5London, Midland and Scottish Railway Act 1924,
section ninety-nine of the M6Southern Railway Act 1924, and
section three of the M7London and North Eastern Railway Act 1944,
and any other savings bank for which the Commission was responsible before the vesting date and which primarily served those employed by the Commission on their railways;
“the appropriate Board” means—
2
Part II of this Act shall not apply to the property, rights and liabilities of the Commission so far as held and subsisting for the purposes of any railway savings bank, but all such property, rights and liabilities shall by virtue of this section be transferred on the vesting date to the appropriate Board and held assumed by that Board subject in all respects to the duties and obligations to which the Commission were subject immediately before the vesting date.
3
As from the vesting date, for references to the Commission in the enactments listed in subsection (1) of this section and in any other statutory provision, so far as that provision relates to a railway savings bank, there shall be substituted references to the appropriate Board, and for references in any such enactment to any officer or servant of, or person appointed by, the Commission there shall be substituted a reference to such person as the appropriate Board may appoint or, in default of appointment, in the case of references to any officer or servant of the Commission, to the officer or servant of that Board who corresponds as nearly as may be to the first mentioned officer or servant.
4
Subject to this section, the persons entitled to deposit money in the railway savings banks established under section forty-five of the M9Great Western Railway Act 1885, section sixty-one of the M10London Midland and Scottish Railway Act 1924, section ninety-nine of the M11Southern Railway Act 1924, and section three of the M12London and North Eastern Railway Act 1944, shall be—
a
existing depositors,
b
persons employed by the Railways Board,
c
persons who, owing to incapacity arising from ill health or on reaching retirement age, have retired from service with the Railways Board or the Commission or the railway company by which the savings bank was established,
d
members of the families of persons of any of the foregoing descriptions,
e
any group, society or association the members of which consist, or mainly consist, of persons of any of the foregoing descriptions.
5
The persons entitled to make deposits in any railway savings bank other than those to which the last foregoing subsection applies shall be the persons who are depositors in that bank on the vesting date, and, where any such depositor F52is a person who dies leaving a surviving spouse or surviving civil partner, that survivor for so long as that survivor does not subsequently marry, enter into a civil partnership or die.
6
So much of the enactments listed in the definition of railway savings banks in subsection (1) of this section as relates to the charging of deposits on the undertaking or profits of any body shall cease to have effect.
66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
C13E367 Byelaws for railways and railway shipping services.
1
The Railways Board F19may make bylaws regulating the use and working of, and travel on, their railways, the maintenance of order on their railways and railway premises, including stations and the approaches to stations, and the conduct of all persons, including their officers and servants, while on those premises, and in particular bylaws—
a
with respect to tickets issued for entry on their railway premises or travel on their railways and the evasion of payment of fares and other charges,
b
with respect to interference or obstruction of the working of the railways,
c
with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances;
d
with respect to the receipt and delivery of goods, and
e
for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the F20Board and intended for the use of those on foot.
C142
The Railways Board may make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation.
F39F21 2A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F223
Any byelaws made under this section may provide—
a
in the case of byelaws made by virtue of subsection (1) above, that any person contravening them shall be liable on summary conviction to a penalty not exceeding F23level 3 on the standard scale for each offence; and
b
in the case of byelaws made by virtue of subsection (2) above, that any person contravening them shall be liable on summary conviction to a fine not exceeding F23level 2 on the standard scale for each offence and, in the case of such a contravention which continues after conviction, to a fine not exceeding £10 for each day on which the offence so continues.
4
Without prejudice to the taking of summary proceedings under the last foregoing subsection, if the contravention of any bylaw having effect under this section is attended with danger or annoyance to the public, or hindrance to a Board in the lawful use of their railway, it shall be lawful for the Board in question summarily to interfere to obviate or remove the danger, annoyance or hindrance.
C15C16C17C185
Bylaws under this section shall not come into operation until they have been confirmed by the Minister.
C15C16C17C186
At least twenty-eight days before application for confirmation of any bylaws is made the Board in question shall publish in such manner as may be approved by the Minister a notice of their intention to apply for confirmation and of the place at which and the time during which a copy of the bylaws will be open for public inspection; and any person affected by any of the bylaws shall be entitled to make representations thereon to the Minister within a period of not less than twenty-eight days specified in the notice.
C15C16C17C187
For at least twenty-four days before application for confirmation of any bylaws is made under this section, a copy of the bylaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.
C15C16C17C188
The Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding F2450p as the Board shall determine.
C15C16C17C189
The Minister may confirm with or without modification, or may refuse to confirm, any of the bylaws submitted under this section for confirmation and, as regards any bylaws so confirmed, may fix a date on which the bylaws shall come into operation; and if no date is so fixed the bylaws shall come into operation after the expiration of twenty-eight days after the date of confirmation.
C15C16C17F25 9A
The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
C15C16C17C1810
A copy of the bylaws when confirmed shall be printed and deposited at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment, and the Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding F2450p as the Board shall determine.
C15C16C17C1811
The production of a printed copy of bylaws confirmed under this section on which is indorsed a certificate purporting to be signed by the secretary of the Board or of some person authorised by the Board to act in his stead in that behalf, stating—
a
that the bylaws were made by the Board or by the Commission,
b
that the copy is a true copy of the bylaws,
c
that on a specified date the bylaws were confirmed by the Minister, and
d
the date when the bylaws come into operation,
shall be prima facie evidence of the facts stated in the certificate.
C15C17C1812
The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section.
13
Sections one hundred and eight and one hundred and nine of the M23Railways Clauses Consolidation Act 1845, sections one hundred and one and one hundred and two of the M24Railways Clauses Consolidation (Scotland) Act 1845, section thirty-two of the M25Railways Clauses Act 1863, and section seven of the M26Regulation of Railways Act 1889, shall cease to have effect, but any bylaws under any of those enactments which were in force immediately before the vesting date and which applied in relation to any of the railways belonging to the Commission, or in relation to the ships operated by the Commission, shall continue in force and have effect as if made under this section, and subject to the provisions of Part II of this Act so far as applicable.
F2614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
In the bylaws made by the Commission under the said Acts of 1845 which relate to the railways of the Commission other than those of F27London Regional Transportwhich were confirmed by the Minister on the fifth day of December, nineteen hundred and fifty-seven,—
a
for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and
F40b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
Any power exercisable by the Docks Board or the British Waterways Board under any local enactment to make bylaws as regards any harbour comprised in their undertaking shall include power to make any such bylaws in relation to railways within the harbour as the Railways Board F41... have power to make under this section in relation to their railways.
17
This section shall have effect as from the vesting date.
C6C7E267 Byelaws for railways and railway shipping services.
1
The Railways Board and F14the London Transport Executive may each make bylaws regulating the use and working of, and travel on, their railways, the maintenance of order on their railways and railway premises, including stations and the approaches to stations, and the conduct of all persons, including their officers and servants, while on those premises, and in particular bylaws—
a
with respect to tickets issued for entry on their railway premises or travel on their railways and the evasion of payment of fares and other charges,
b
with respect to interference or obstruction of the working of the railways,
c
with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances;
d
with respect to the receipt and delivery of goods, and
e
for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the Boards and intended for the use of those on foot.
C82
The Railways Board may make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation.
F153
Any byelaws made under this section may provide—
a
in the case of byelaws made by virtue of subsection (1) above, that any person contravening them shall be liable on summary conviction to a penalty not exceeding F16level 3 on the standard scale for each offence; and
b
in the case of byelaws made by virtue of subsection (2) above, that any person contravening them shall be liable on summary conviction to a fine not exceeding F16level 2 on the standard scale for each offence and, in the case of such a contravention which continues after conviction, to a fine not exceeding £10 for each day on which the offence so continues.
4
Without prejudice to the taking of summary proceedings under the last foregoing subsection, if the contravention of any bylaw having effect under this section is attended with danger or annoyance to the public, or hindrance to a Board in the lawful use of their railway, it shall be lawful for the Board in question summarily to interfere to obviate or remove the danger, annoyance or hindrance.
C9C10C11C125
Bylaws under this section shall not come into operation until they have been confirmed by the Minister.
C9C10C12C116
At least twenty-eight days before application for confirmation of any bylaws is made the Board in question shall publish in such manner as may be approved by the Minister a notice of their intention to apply for confirmation and of the place at which and the time during which a copy of the bylaws will be open for public inspection; and any person affected by any of the bylaws shall be entitled to make representations thereon to the Minister within a period of not less than twenty-eight days specified in the notice.
C9C10C11C127
For at least twenty-four days before application for confirmation of any bylaws is made under this section, a copy of the bylaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.
C9C10C11C128
The Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding F1750p as the Board shall determine.
C9C10C11C129
The Minister may confirm with or without modification, or may refuse to confirm, any of the bylaws submitted under this section for confirmation and, as regards any bylaws so confirmed, may fix a date on which the bylaws shall come into operation; and if no date is so fixed the bylaws shall come into operation after the expiration of twenty-eight days after the date of confirmation.
C9C10C12F18 9A
The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
C9C10C12C1110
A copy of the bylaws when confirmed shall be printed and deposited at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment, and the Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding F1750p as the Board shall determine.
C9C10C12C1111
The production of a printed copy of bylaws confirmed under this section on which is indorsed a certificate purporting to be signed by the secretary of the Board or of some person authorised by the Board to act in his stead in that behalf, stating—
a
that the bylaws were made by the Board or by the Commission,
b
that the copy is a true copy of the bylaws,
c
that on a specified date the bylaws were confirmed by the Minister, and
d
the date when the bylaws come into operation,
shall be prima facie evidence of the facts stated in the certificate.
C9C11C1212
The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section.
13
Sections one hundred and eight and one hundred and nine of the M18Railways Clauses Consolidation Act 1845, sections one hundred and one and one hundred and two of the M19Railways Clauses Consolidation (Scotland) Act 1845, section thirty-two of the M20Railways Clauses Act 1863, and section seven of the M21Regulation of Railways Act 1889, shall cease to have effect, but any bylaws under any of those enactments which were in force immediately before the vesting date and which applied in relation to any of the railways belonging to the Commission, or in relation to the ships operated by the Commission, shall continue in force and have effect as if made under this section, and subject to the provisions of Part II of this Act so far as applicable.
14
In the bylaws made by the London Transport Executive under the M22Railways Clauses Consolidation Act 1845, which were confirmed by the Minister on the thirteenth day of December, nineteen hundred and fifty-seven—
a
for references to the Commission or the London Transport Executive there shall be substituted references to the London Board, and
b
for references to the railways as there defined there shall be substituted references to the railways of the London Board.
15
In the bylaws made by the Commission under the said Acts of 1845 which relate to the railways of the Commission other than those of the London Transport Executive which were confirmed by the Minister on the fifth day of December, nineteen hundred and fifty-seven,—
a
for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and
F40b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
Any power exercisable by the Docks Board or the British Waterways Board under any local enactment to make bylaws as regards any harbour comprised in their undertaking shall include power to make any such bylaws in relation to railways within the harbour as the Railways Board and the London Board have power to make under this section in relation to their railways.
17
This section shall have effect as from the vesting date.
C2E167 Byelaws for railways and railway shipping services.
1
The Railways Board and F9the London Transport Executive may each make bylaws regulating the use and working of, and travel on, their railways, the maintenance of order on their railways and railway premises, including stations and the approaches to stations, and the conduct of all persons, including their officers and servants, while on those premises, and in particular bylaws—
a
with respect to tickets issued for entry on their railway premises or travel on their railways and the evasion of payment of fares and other charges,
b
with respect to interference or obstruction of the working of the railways,
c
with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisances;
d
with respect to the receipt and delivery of goods, and
e
for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the Boards and intended for the use of those on foot.
C32
The Railways Board may make bylaws in relation to passengers and goods conveyed in or on ships operated by the Board, and as to their embarkation and disembarkation.
3
Any bylaws made under this section may provide that any person contravening them shall be liable on summary conviction to a penalty not exceeding F10level 2 on the standard scale for each offence.
4
Without prejudice to the taking of summary proceedings under the last foregoing subsection, if the contravention of any bylaw having effect under this section is attended with danger or annoyance to the public, or hindrance to a Board in the lawful use of their railway, it shall be lawful for the Board in question summarily to interfere to obviate or remove the danger, annoyance or hindrance.
C4C55
Bylaws under this section shall not come into operation until they have been confirmed by the Minister.
C4C56
At least twenty-eight days before application for confirmation of any bylaws is made the Board in question shall publish in such manner as may be approved by the Minister a notice of their intention to apply for confirmation and of the place at which and the time during which a copy of the bylaws will be open for public inspection; and any person affected by any of the bylaws shall be entitled to make representations thereon to the Minister within a period of not less than twenty-eight days specified in the notice.
C4C57
For at least twenty-four days before application for confirmation of any bylaws is made under this section, a copy of the bylaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.
C4C58
The Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding 50p as the Board shall determine.
C4C59
The Minister may confirm with or without modification, or may refuse to confirm, any of the bylaws submitted under this section for confirmation and, as regards any bylaws so confirmed, may fix a date on which the bylaws shall come into operation; and if no date is so fixed the bylaws shall come into operation after the expiration of twenty-eight days after the date of confirmation.
C4F11 9A
The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
C510
A copy of the bylaws when confirmed shall be printed and deposited at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment, and the Board shall supply a copy of any such bylaws to any person who applies for a copy thereof on payment of such sum not exceeding 50p as the Board shall determine.
C4C511
The production of a printed copy of bylaws confirmed under this section on which is indorsed a certificate purporting to be signed by the secretary of the Board or of some person authorised by the Board to act in his stead in that behalf, stating—
a
that the bylaws were made by the Board or by the Commission,
b
that the copy is a true copy of the bylaws,
c
that on a specified date the bylaws were confirmed by the Minister, and
d
the date when the bylaws come into operation,
shall be prima facie evidence of the facts stated in the certificate.
C512
The power of making bylaws under this section shall include power to vary or repeal any bylaws previously made under this section.
13
Sections one hundred and eight and one hundred and nine of the M13Railways Clauses Consolidation Act 1845, sections one hundred and one and one hundred and two of the M14Railways Clauses Consolidation (Scotland) Act 1845, section thirty-two of the M15Railways Clauses Act 1863, and section seven of the M16Regulation of Railways Act 1889, shall cease to have effect, but any bylaws under any of those enactments which were in force immediately before the vesting date and which applied in relation to any of the railways belonging to the Commission, or in relation to the ships operated by the Commission, shall continue in force and have effect as if made under this section, and subject to the provisions of Part II of this Act so far as applicable.
14
In the bylaws made by the London Transport Executive under the M17Railways Clauses Consolidation Act 1845, which were confirmed by the Minister on the thirteenth day of December, nineteen hundred and fifty-seven—
a
for references to the Commission or the London Transport Executive there shall be substituted references to F12the London Transport Executive, and
b
for references to the railways as there defined there shall be substituted references to the railways of F12the London Transport Executive.
15
In the bylaws made by the Commission under the said Acts of 1845 which relate to the railways of the Commission other than those of the London Transport Executive which were confirmed by the Minister on the fifth day of December, nineteen hundred and fifty-seven,—
a
for references to the Commission there shall be substituted references to the Railways Board, the Docks Board and the British Waterways Board, and
F40b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
Any power exercisable by the Docks Board or the British Waterways Board under any local enactment to make bylaws as regards any harbour comprised in their undertaking shall include power to make any such bylaws in relation to railways within the harbour as the Railways Board and F13the London Transport Executive have power to make under this section in relation to their railways.
17
This section shall have effect as from the vesting date.
F2868 Custody of lost property on London Board’s transport system.
C19F29 1
As from the vesting date, for references to section one hundred and six of the London Pasenger Transport Act, 1933, to the London Passenger Transport Board there shall be substituted references to the London Board.
2
The repeal by this Act of section one hundred and nineteen of the M27Transport Act 1947, shall not affect the M28London Transport (Lost Property) Regulations 1960 (which were made under that section), and as from the vesting date those regulations—
C20a
shall be treated for all purposes, and in particular for the purposes of section eighty-eight of the M29London Passenger Transport Act 1935 (which relates to offences against regulations under section one hundred and six of the said Act of 1933), as if they had been made under the said section one hundred and six, and
b
shall have effect, subject to the necessary modifications, as if any reference therein to the Commission or the London Transport Executive were a reference to the London Board.
F3069. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70 Transport police constables. C21
F311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
C22 5
On and after the vesting date a Board may dismiss a constable who is employed by them (whether or not appointed after the vesting date) and, accordingly, in paragraph (c) of subsection (1) of the section for references to the Commission there shall, as regards such a constable employed by a Board (or two or more Boards jointly), be substituted a reference to that Board (or those Boards), and for the reference at the end of the said paragraph (c) to the authority by whom a constable was dismissed or by whom a constable’s resignation is accepted there shall, in the case of a constable dismissed by the Commission, or whose resignation was accepted by the Commission, be substituted—
a
during the interim period, a reference to the Railways Board, and
b
thereafter, a reference to any of the Boards acting jointly or separately in pursuance of a scheme under section sixty-nine of this Act.
C226
On and after the vesting date references in any statutory provision or other document to a constable appointed or employed by the Commission shall be taken as a reference to a constable employed by any of the Boards and acting under the said section fifty-three.
C22F33 7
In this section “ the interim period ” means the period referred to in subsection (9) of section sixty-nine of this Act.
F3471. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72 General provisions as to terms and conditions of employment of staff. C23
1
It shall be the duty of each Board, except as far as they are satisfied that adequate machinery exists for achieving the purpose of this subsection, to seek consultation with any organisation appearing to the Board to be appropriate, with a view to the conclusion between the Board and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for—
a
the settlement by negotiation of terms and conditions of employment of persons employed by the Board, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements, and
b
the promotion and encouragement of measures affecting the safety, health and welfare of persons employed by the Board and the discussion of other matters of mutual interest to the board and such persons, including efficiency in the operation of the Board’s services.
2
Where the Board conclude such an agreement as is mentioned in the foregoing subsection or any variation is made in such an agreement, the Board shall forthwith transmit particulars of the agreement or the variation to the Minister and F35the Secretary of State.
3
Nothing in this section shall be construed as prohibiting a Board from taking part together with other employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment, and the promotion and encouragement of measures affecting the health, safety and welfare of their workers, and the discussion of other matters of mutual interest to them and their workers.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
C2573 The powers of the Boards and the Holding Company as regards pensions and pension schemes. C24
1
Subject to the next following section, each of the Boards and the Holding Company shall have power to pay pensions and enter into obligations under pension schemes.
2
Each of the Boards and the Holding Company shall have power to lend money to be applied for the purposes of a pension scheme under which any of those bodies, or a subsidiary of any of those bodies, pay employer’s contributions or are subject to any other obligations, but shall not exercise that power without the consent of the Minister.
F503
In the application of this section to the British Waterways Board, the reference to the Minister is to be read as a reference to the Scottish Ministers.
C27C28C2974 Minister’s power to make orders about pensions. C26
F51A1
In this section, references to the Boards do not include the British Waterways Board.
1
The Minister may make orders—
a
with respect to the provision of pensions by the Boards and the Holding Company and by the subsidiaries of the Boards and of the Holding Company for or in respect of—
i
their employees, or persons who have been in their employment, or
ii
persons who have been in the employment of the Commission or of any subsidiary of the Commission or of any body whose undertaking or part of whose undertaking was transferred to the Commission under or by virtue of the M30Transport Act 1947, or
iii
persons who have been employed in connection with the Caledonian and Crinan Canals or Holyhead Harbour, or by or in connection with the Railway Clearing House;
b
for the establishment and administration of existing or future pension schemes and pension funds for any of the purposes of the foregoing paragraph;
and the Boards and the Holding Company shall exercise the powers conferred on them by the last foregoing section subject to any order under this section.
2
Without prejudice to the powers conferred by the foregoing subsection, the Minister may make orders—
C30a
for enabling employees of any of the Boards or the Holding Company or a subsidiary of any of the Boards or the Holding Company to participate or continue to participate in any pension scheme in which employees of the Commission or a subsidiary of the Commission participated before the vesting date, or in any pension scheme established under this section, and requiring their employers to make payments under that scheme,
b
for modifying any pension scheme the participants in which include persons of any of the descriptions in sub-paragraphs (i), (ii) and (iii) of paragraph (a) of the foregoing subsection, so as to ensure that changes cannot be effected in the pension scheme without the approval of the Minister,
c
for varying the rates of the contributions to be made under any pension scheme by employees of any of the Boards or the Holding Company or a subsidiary of any of the Boards or the Holding Company, as well as the rates of employers’ contributions and the benefits under the scheme, and
d
for re-arranging, amalgamating, simplifying and assimilating pension schemes the participants in which include any such persons.
3
An order under this section may in particular provide—
a
for altering or winding up any pension scheme,
b
for varying any trust or transferring any pension fund, or obligations or liabilities under a pension scheme,
c
for requiring a Board or the Holding Company to make payments to the persons administering a pension scheme so as to convert the pension scheme from an unfunded scheme into a funded scheme,
d
for establishing any body to administer or assist in administering a pension scheme,
e
for enabling all or any of the participants in a pension scheme to become instead participants in another pension scheme,
f
for empowering the persons responsible for administering any pension scheme established for the purposes of an undertaking carried on by persons other than the Boards, the Holding Company or any subsidiary of any Board, or of the Holding Company, to carry out any arrangements for the participation in the scheme of a person who has been an employee of the Commission, or of the Boards or of the Holding Company, or of any subsidiary of any of those bodies,
g
as to the manner in which questions arising under the order are to be determined,
and may contain such supplemental, incidental and consequential provisions as appear to the Minister expedient.
4
Without prejudice to the generality of the foregoing provisions of this section, an order under this section may contain provisions authorising any person who, having pension rights to which an order under this section relates, becomes a member of a Board, or the Holding Company, or a director of a subsidiary of a Board or of the Holding Company, to be treated for the purposes of a pension scheme as if his service as such a member or director were service in the employment of such a body, and as if, where that service immediately precedes or follows other service which is, or is to be treated as, service in that employment, the two periods of service were continuous.
5
An order under this section shall have effect notwithstanding anything in—
a
any local enactment, or
b
c
the Truck Acts, 1831 to 1940, or the M33Shop Clubs Act 1902, or
d
section eighty of the M34London Passenger Transport Act 1933 (which contains transitional provisions concerning superannuation funds affected by that Act),
and may amend or repeal any such enactment or instrument as is mentioned in paragraphs (a) and (b) of this subsection.
C316
a
Orders under this section shall be so framed as to secure that no person other than the Boards, the Holding Company and any subsidiary of any Board, or of the Holding Company, is placed in any worse position by reason of the order.
b
An order shall not be invalid by reason that in fact it does not have the result of securing that all such persons are not placed in any worse position by reason of the provisions of the order, but if the Minister is satisfied or it is determined as hereinafter mentioned that any such order has failed to secure that result, the Minister shall as soon as may be make the necessary amending order.
c
Any dispute arising between the Minister and any person as to whether or not the said result has been secured by any order under this section shall be referred to a referee or board of referees appointed by the Minister of Labour after consultation with the Lord Chancellor F43and the Lord Chief Justice of England and Wales, or, where the proceedings are to be held in Scotland, after consultation with the Secretary of State, for his or their determination thereof.
d
The Minister of Labour may, with the consent of the Treasury, pay out of money provided by Parliament—
i
to any referee or to the members of any board of referees appointed under this subsection such fees and allowances as he may with the consent of the Treasury determine, and
ii
to persons giving evidence before any such referees or board such allowances as he may with the consent of the Treasury determine.
e
For the purposes of this subsection no person shall be regarded as being placed in a worse position because an order provides that any changes in a pension scheme are not to be effected without the consent of the Minister.
7
An order under this section may be made so as to have effect from a date prior to the making of the order, so, however, that so much of any order as provides that any provision thereof is to have effect from a date prior to the making of the order shall not place any person other than the Boards, the Holding Company or any subsidiary of any Board, or of the Holding Company, in a worse position than he would have been in if the order had been made to have effect only from the date of its making.
8
The power of making orders under this section shall be exercised by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and the power of making orders under this section shall include power to vary or revoke a previous order.
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38 an order under this section shall have effect notwithstanding anything in regulations made under the said Act before the order was made.
F4210
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
75Transitional provisions relating to pensions.
Part IV of the Seventh Schedule to this Act (which contains transitional provisions relating to pensions) shall have effect for the purposes of this Act.