Transport Charges &c. (Miscellaneous Provisions) Act 1954
| Jurisdiction | UK Non-devolved |
| Citation | 1954 c. 64 |
| Year | 1954 |
Transport Charges &c. (Miscellaneous Provisions) Act, 1954.
(2 & 3 Eliz. 2) CHAPTER 64
An Act to amend the law relating to the charges of certain undertakings connected with transport and to the accounts and returns to be prepared by railway undertakings, being in either case undertakings which do not form part of the undertakings of the British Transport Commission; to revoke in part (with savings) Defence Regulation 56; to provide for the control of the number of passengers to be carried on public service vehicles, tramcars and trolley vehicles; to repeal the Railway Freight Rebates Enactments, 1929 to 1943; and for purposes connected with the matters aforesaid.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Transport Charges &c. (Miscellaneous Provisions) Act
1 Charges on certain independent public service vehicles.
(1) This Section shall apply to services by public service vehicles provided by any independent statutory undertaking.
(2) The fares chargeable on any service to which this section applies provided under a road service licence shall be those fixed by the licensing authority for public service vehicles by means of conditions attached to the licence under, and in accordance with the provisions of, section seventy-two of the Road Traffic Act, 1930, or, in the case of any fares not so fixed, such fares as the undertakers may think fit; and for the purposes of any application for the grant of, or for the variation of the conditions attached to, such a licence the undertakers shall have power to propose such fares as they may think fit.
(3) The charges to be made for passengers on any other service to which this section applies shall be such as the undertakers may think fit.
(4) Subject, in the case of any service provided under a road service licence to any conditions attached to the licence as aforesaid by the said licensing authority, the charges to be made for the carriage on any service to which this section applies of dogs or other animals, luggage, parcels, or other goods or articles (where and to the extent that such carriage is authorised) shall be such, if any, as the undertakers may think fit.
(5) Where any independent undertaking providing services by public service vehicles is not a statutory undertaking but the fares chargeable on any particular services provided by that undertaking are regulated by an agreement confirmed or authorised by an Act of Parliament, this section shall apply to those particular services as if the undertaking were a statutory undertaking.
2 Charges on independent tramways, trolley vehicles and railways of the nature of a tramway.
(1) This section shall have effect with respect to services by tramway, trolley vehicles or a railway of the nature of a tramway provided by any independent undertaking, other than services by a tramway laid wholly along a pier.
(2) A licensing authority for public service vehicles shall have such powers and duties as are conferred or imposed by the First Schedule to this Act with respect to the charges to be made on any service to which that Schedule applies.
(3) In the case of an undertaking providing services to which Part II of the said First Schedule applies, being an undertaking in existence at the date of the passing of this Act, the undertakers—
(a ) shall continue to have the same powers with respect to the fares chargeable on regular services to which that Part of that Schedule applies as they would have had if this Act had not been passed unless and until fare tables for such services provided by that undertaking have been approved by such a licensing authority as aforesaid under that Part of that Schedule and have come into effect;
(b ) for the purposes of any application to such a licensing authority as aforesaid under that Part of that Schedule with respect to any service to which that Part of that Schedule applies, shall have power to propose such fares as they may think fit.
(4) Subject to the provisions of Part III of the said First Schedule, the charges to be made for passengers on any service with respect to which this section has effect but to which Part II of that Schedule does not apply shall be such as the undertakers may think fit.
(5) Subject, in the case of any service to which the said First Schedule applies, to any authorisation or direction given by the said licensing authority under that Schedule, the charges to be made for the carriage on any service with respect to which this section has effect of dogs or other animals, luggage, parcels, or other goods or articles (where and to the extent that such carriage is authorised) shall be such, if any, as the undertakers may think fit.
(6) The following provisions of the Railways Act, 1921, that is to say, Part III (so far as it applies to light railways) and section seventy-two, shall cease to apply to any independent light railway which is a railway of the nature of a tramway.
3 Application of charges schemes to independent railway and inland waterway undertakings.
(1) This section shall apply to—
(a ) any independent railway undertaking, being a statutory undertaking and not being an undertaking carrying on only—
(i) a railway of the nature of a tramway; or
(ii) a railway laid wholly or mainly over a beach or wholly along a pier; or
(iii) a railway of the nature of a lift providing communication between the top and bottom of a cliff;
(b ) any independent inland waterway undertaking any of the charges of which are 1888 Act charges:
Provided that this section or any order made thereunder shall not apply—
(i) to any inland waterway undertaking in relation to charges other than 1888 Act charges; or
(ii) to any inland waterway undertaking forming part of a harbour undertaking if the inland waterway is situated wholly within the limits of the harbour; or
(iii) to any undertaking in relation to any charge if the statutory provisions relating to that undertaking confer a power of revising that charge on the Minister of Transport and Civil Aviation and some other Minister acting together.
(2) Subject to the provisions of the next following section, as from the expiration of a period of one month beginning with the date of the passing of this Act the British Transport Commission (Passenger) Charges Scheme, 1954, as generally in force shall apply in relation to the passenger services by rail provided by any independent railway undertaking to which this section applies as it applies in relation to passenger services by rail provided by the Commission otherwise than upon the London Lines within the meaning of that scheme.
(3) When any charges scheme under Part V of the Transport Act, 1947, is confirmed after the passing of this Act, being a charges scheme for determining charges of the following descriptions to be made by the Commission, that is to say—
(a ) charges for the carriage of passengers by railway; or
(b ) charges for the carriage of merchandise by railway; or
(c ) railway tolls, that is to say, charges for the use of the railways of the Commission by traffic drawn by engines not belonging to the Commission; or
(d ) tolls for the use of inland waterways as defined in subsection (7) of section twenty of the Transport Act, 1953; or
(e ) any other charges which, by reason of their connection with any of the charges aforesaid, have been dealt with by the scheme by virtue of paragraph (f ) of subsection (1) of the said section twenty,
the Minister shall consider that scheme and, if he is satisfied that the scheme or any part thereof can properly be applied to all or any class of railway or, as the case may require, inland waterway undertakings to which this section applies, shall by order made by statutory instrument provide that, as from the date when that scheme is to come into force in relation to the Commission or as from the expiration of a period of one month beginning with the date of the making of the order, whichever is the later, that scheme as generally in force, or any specified part of that scheme as generally in force, shall apply to each of those undertakings or to each of that class of undertakings, subject to any modifications or alterations made by or under the next following section, as it applies to the Commission.
(4) Where, by subsection (2) of this section or by an order made under subsection (3) of this section, a charges scheme has been applied to an undertaking to which this section applies, then—
(a ) that scheme as specially in force shall have effect in relation to that undertaking notwithstanding anything in any statutory provision relating to the subject matter of the scheme; and
(b ) notwithstanding the revocation of that scheme as generally in force, that scheme as specially in force immediately before that revocation shall continue to have effect in relation to that undertaking as if no such revocation had taken place until, and except to the extent that, the scheme as specially in force is revoked by an order of the Minister under subsection (3) of this section applying to that undertaking a new scheme or part of a new scheme with respect to all or any of the matters dealt with therein.
(5) In this and the next following section—
(a ) the expression ‘as generally in force’ in relation to a charges scheme means that scheme as for the time being...
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