Glasgow Corporation Consolidation (Water, Transport and Markets) Order Confirmation Act 1964 (1964 c. xliii)

2

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order

Confirmation

Act

1964

SCHEDULE

GLASGOW CORPORATION CONSOLIDATION

(WATER, TRANSPORT AND MARKETS)

Provisional Order

to

consolidate with amendments

the Acts and

Orders

of

or relating

to the

water,

transport,

markets and

slaughterhouses

undertakings

of

the Corporation

of

the

city of

Glasgow,

to

confer

further

powers

on them with

respect

to such

undertakings

and for

other

purposes.

Whereas the lord provost, magistrates and town councillors of the

city and royal burgh of Glasgow (hereinafter called " the Corporation ")

are vested with the municipal government and administration of the

city and royal burgh of Glasgow (hereinafter called " the city ") and

are the local authority therein:

And whereas the Corporation are the owners of and are vested in

the water, transport and markets and slaughterhouses undertakings

of the city and are the local water authority within the city and certain

adjoining areas:

And whereas the Acts and Orders relating to the said undertakings

are very numerous and in many cases have been superseded by subse-

quent legislation and ought to be repealed and it would be of public

and local advantage if such of the provisions of the said

Acts

and Orders

as it is expedient to retain were consolidated with certain additions

and amendments:

And whereas it is expedient that the further provisions contained

in this Order should be enacted:

And whereas in the month of

March,

1964,

a map marked " Glasgow

Corporation Water Supply Limits Map" showing the area within

which the Corporation are the local water authority and are supplying

water (hereinafter referred to as the limits of the Corporation for

the supply of water) was deposited with the town clerk and copies of

the said map were in the same month deposited with the clerks to the

Eighth and Ninth District Councils of the county of Lanark, the

clerks to the

No.

1

District Council and

the

No.

2

District Council of the

county of Renfrew, the clerk to the Western No. 3 District Council

of the county of Stirling and

the

town

clerks

of

the burghs

of Rutherglen,

Barrhead, Renfrew, Milngavie and Bearsden respectively:

And whereas the purposes aforesaid cannot be effected without an

Order confirmed by Parliament under the Private Legislation Procedure

1936

c

52,

(Scotland) Act, 1936; ^

Glasgow Corporation

Consolidation

(Water,

CH.

xliii 3

Transport and Markets) Order

Confirmation

Act 1964

Now therefore in pursuance of the powers contained in the last-

mentioned Act the Secretary of State orders as follows:—

PART I

PRELIMINARY

1.

This Order may be cited as the Glasgow Corporation Consolida- Short

title

and

tion (Water, Transport and Markets) Order 1964. citation.

2.-AX) Words and expressions to which meanings are assigned by Interpretation.

the city Acts or by any public Act applicable to the Corporation or

wholly or partially incorporated with this Order shall, subject to the

provisions of this Order and unless there is something in the subject

or context inconsistent with or repugnant to such construction, have

the same respective meanings in the provisions of this Order in which

such words and expressions are used.

(2) The following words and expressions in this Order have, unless

there is something in the subject or context repugnant to such

construction, the meanings hereby assigned to them, that is to say:—

" Act of 1947 " means the Local Government (Scotland) Act,

1947;

1947

c.

43.

" city " means the city and royal burgh of Glasgow;

" city Acts " means the local Acts and Orders applicable to the

city;

" common good " means the common good of the city;

" Corporation " means the Corporation of the city of Glasgow;

" existing " means existing immediately before the date of the

passing of the Act confirming this Order (hereinafter referred

to as " the commencement of this Order ");

" Lands Clauses Acts " means the Lands Clauses Acts as modified

by the Acquisition of Land (Assessment of Compensation)

Act, 1919;

1919

c.

57.

" Loans Acts " means the Glasgow Loans Acts, 1883 to 1953;

" markets undertaking " means the markets undertaking of the

Corporation as defined in section 109 (Definitions for Part IV

of Order) of this Order;

"operational land" in relation to any statutory undertakers,

means land of those undertakers which is operational land

within the meaning of the Town and Country Planning

(Scotland) Act, 1947;

1947

c.

53.

" repealed Acts " means the provisions of the Acts and Orders

specified in Schedule 8 to this Order and repealed by this

Order;

M

town clerk " means the town clerk of the city;

4

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act

1964

PART I " transport undertaking " means the transport undertaking of

the

—cont. Corporation as defined in section 46 (Definitions for Part III

of Order) of this Order;

"water undertaking" means the water undertaking of the

Corporation as defined in section 3 (Definitions for Part II

of Order) of this Order.

(3) Any reference in this Order to any other enactment shall, except

so far as the context otherwise requires, be construed as a reference

to that enactment as amended by or under any other enactment,

including this Order.

PART n

WATER

A.

Definitions,

incorporation

of Acts, etc.

Definitions for 3. in this Part of this Order, unless the subject or context otherwise

Part n of requires—

1946

c.

42.

" Act of 1946 " means the Water (Scotland) Act, 1946;

" authorised work " means that part of the works authorised by

the Glasgow Water Order 1915 and described in section 20

(Power to construct reservoir in Glen Finglas) of this Order;

" cusec " means a rate of flow of one cubic foot per second;

" Glen Finglas reservoir " means the impounding reservoir of the

Corporation authorised by the Glasgow Water Order 1915

and described in section 20 (Power to construct reservoir in

Glen Finglas) of this Order;

"limits of supply" means the limits of the Corporation for

the supply of water specified in section 27 (Limits of supply)

of this Order and shown on the water supply limits map;

" Water Acts " means the Water (Scotland) Acts, 1946 and 1949;

" water supply limits map " means the map showing the limits

of the Corporation for the supply of water signed by and

kept by the town clerk in pursuance of section 27 (Limits of

supply) of this Order;

" water undertaking " means

all

the waterworks of the Corporation

and all lands, minerals, buildings, lochs, streams, springs,

wells,

waters, reservoirs, filters, plant, tanks, intakes,

aqueducts, tunnels, sluices, mains, pipes, culverts, servitudes,

wayleaves, rights, powers and privileges for the time being

belonging to or held or used by the Corporation for or in

relation to or in connection with waterworks and

the

diversion,

collection, storage, protection and distribution of water or

otherwise for or in relation to or in connection with the

supply of water by them and includes all passenger vessels,

piers and landing stages, facilities and equipment belonging

to or acquired by the Corporation for the purposes of or in

connection with the exercise of the powers conferred on them

by Head G—Passenger service on Loch Katrine, etc—of

this Part of this Order;

Glasgow Corporation

Consolidation

(Water,

CH.

xliii 5

Transport and Markets) Order Confirmation Act 1964

" West Main Tunnel Works" means the tunnel under the

pART

II

river Clyde and relative works authorised by and constructed —cont.

under the powers of the Glasgow Water (West Main Tunnel)

Order, 1953;

" 1954 Works " means the works authorised by and constructed

under the powers of the Glasgow Water (Glen Finglas

Works) Order, 1954.

4.

The Fourth Schedule to the Act of 1946 (except sections 10, Incorporation of

27 and 44) shall, subject to the provisions of this Part of this Order, provisions of

extend and apply to the Corporation in respect of the water undertaking Act of 1946-

to the same extent and effect as if the same had been incorporated

with and formed part of this Order.

5.—(1)

For the purposes of this Part of this Order, section 6, Incorporation

sections 25 to 37 (which relate to the temporary occupation of lands

a*?d

application

near the railway during the construction thereof) and sections 39 to t°4PR0aXaysS

54 (which relate to crossing of roads and construction of bridges) of clauses

the Railways Clauses Consolidation (Scotland) Act, 1845 are hereby Consolidation

incorporated with this Order and that Act shall apply accordingly. (Scotland) Act,

(2) In construing for the purposes of this Order the provisions of

1845

c.

33.

the said Act incorporated with this Order—

(a) this Order shall be deemed to be the special Act;

(b) the Corporation shall be deemed to be the promoters of the

undertaking or the company;

(c) the authorised work shall be deemed to be the works or the

undertaking or the railway; and

(d) any part of the authorised work shall be deemed to be the

centre of the railway;

all as the case may require.

B.

Vesting,

etc.,

and water

rights,

compensation

water,

etc.

6. Subject to the provisions of this Order the water undertaking Water

as it exists and as it is vested in the Corporation at the commencement undertaking to

of this Order shall continue to be vested in the Corporation and to be m corporation.

held used and enjoyed by them.

7.

Subject to the provisions of this Order the Corporation may by Power to take

means of the waterworks vested in them

by

section

6

(Water undertaking water-

to continue vested in Corporation) of this Order and by means of the

authorised work take, intercept, collect, impound, use, divert and

appropriate for the purposes of the water undertaking—

(a) the waters of the Brock Burn and of all streams, springs and

waters flowing into the same;

(b) the waters of Loch Katrine and Loch Arklet and of

all

streams,

springs and waters supplying or flowing into the same

respectively;

(c) the waters of the river Turk, the Finglas Water and of all

streams, springs and waters flowing into the same above the

PART II

—cont.

CH.

xliii Glasgow Corporation

Consolidation

{Water,

Transport and Markets) Order Confirmation Act

1964

intake weir forming part of the 1954 works or, after the

construction of the dam forming the Glen Finglas reservoir

above the site of the said dam.

Extent to which 8. The Corporation shall not raise the water in Loch Vennachar

level

of

Loch

aoove 271.16 feet Ordnance Datum (Newlyn) or draw down the water

Vennacharmay

bejow

257.41

feet

Ordnance Datum (Newlyn) without the previous

towered? °r consent in writing of all the owners or reputed owners of the lands

adjoining the said loch.

Compensation

water for

Achray Water

and river Teith.

9. The Corporation shall not take any water from Loch Katrine

for the purposes of the water undertaking unless they shall also

discharge as compensation water in addition to the compensation

water for which provision is made in section 22 (Compensation water

for rivers Teith and Turk) of this Order:—

(a) out of Loch Katrine into the Achray Water a flow of water

of not less than 9.26 cusecs:

(b) out of Loch Vennachar into the river Teith a flow of water

of not less than—

(i) 59.87 cusecs during the twelve hours from

11

a.m. or

thereabouts; and

(ii) 104.29 cusecs during the twelve hours from

11

p.m. or

thereabouts.

Compensation

water for

Arklet Water.

10.

The Corporation shall not take any water from Loch Arklet

for the purposes of the water undertaking unless they shall also

discharge as compensation water down the outlet and stream known

as the Arklet Water into Loch Lomond (passing over the falls known

as

Inversnaid Falls), a flow of water of not less than 4.26 cusecs.

Compensation

water to be

accepted in full

settlement.

11.

The provisions of the two preceding sections with respect to

the discharge of compensation water and of section 22 (Compensation

water for rivers Teith and Turk) of this Order, shall be accepted and

taken by all persons interested as providing full compensation for all

water impounded, taken, used, diverted or appropriated from Loch

Katrine and Loch Arklet and by means of the authorised work:

Provided that a majority of the owners of salmon fishings in the

river Teith and in the river Forth between the junction therewith

of the river Teith and the cruives of Craigforth may determine from

time to time that the flow of water to be provided under sub-

paragraph (i) of paragraph (b) of section 9 (Compensation water for

Achray Water and river Teith) of this Order, shall be increased to

78

cusecs during the months of

September,

October and November, and

reduced to 54 cusecs for the remainder of

the

year. Intimation of such

determination shall

be

given to the Corporation before the

1st

December

in any

year,

and the Corporation

shall,

during

the

ensuing year from

and

after 31st December, give effect thereto and shall continue to do

so

until

intimation is made to them by or on behalf of the majority aforesaid

of an alteration of such determination:

Glasgow

Corporation Consolidation

(Water,

CH.

xliii 7

Transport and Markets) Order Confirmation Act 1964

Provided also that a majority of the said owners and the Corporation PART II

may agree that 6 cusecs of the flow to be provided under the said sub- — cont.

paragraph shall be discharged at other times and at different rates

of flow.

12.

The Corporation shall so regulate the flow of water from the Passage of fish

works at the outlets of Loch Katrine and Loch Vennachar respectively into and from

constructed by them under the repealed Acts that salmon and other ^ Vemachai

fish may at all times pass freely into or from the said lochs respectively.

13.—(1) The Corporation shall not by means of the 1954 works Restriction on

abstract or take any water from the Finglas Water or the river Turk taking_water

at any time when the volume of water passing through or over the wata or

gauge referred to in paragraph (c) of subsection (1) of section 14

river

Turk.

(Corporation to maintain gauges and permit inspection) of this Order

represents a flow of less than 18 cusecs.

(2) This section shall cease to have effect on the first filling of the

Glen Finglas reservoir.

14.—(1) The Corporation shall maintain, under their sole manage- Corporation to

ment and control, gauges for gauging the quantity of water— maintain gauges

and permit

(a) passing out of Loch Katrine into the Achray Water; inspection.

(b) passing out of Loch Arklet into the Arklet Water;

(c) flowing into the river Turk immediately downstream from

the dam forming the Glen Finglas reservoir; and

(d) passing out of Loch Vennachar into the river Teith.

(2) Each such gauge shall be open to the inspection at all reasonable

times of

all

persons having an interest in the

flow

of the river or stream

on which such gauge is situated or of

persons

duly authorised by them

and producing if required some duly authenticated document showing

their authority.

(3) Any difference arising between the Corporation and any person

interested as aforesaid with reference to the state of repair or condition

of any such gauge shall be settled by arbitration.

15.—(1) For the prevention of pollution of any water (whether on Prevention of

the surface or underground) which belongs to the Corporation or pollution.

which they are authorised to take for the purposes of the water under-

taking, any authorised officer of the Corporation may, on producing

(if required) his authorisation, enter upon any lands from which such

water is drawn or drains, and may inspect the sewage, drainage and

refuse arrangements obtaining in connection with such lands or any

buildings thereon.

(2) If it is found that such sewage, drainage or refuse arrangements

cause or are likely to cause pollution of the water, the Corporation

may by notice require the owner or occupier of such lands to carry

out such works and to provide such appliances and take such steps,

within such reasonable time as may be specified in such notice, as they

may deem necessary for the prevention of such pollution.

8

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

PART II (3) If within the period specified in such notice such owner or

—cont. occupier fails to comply with the requirements of such notice the

Corporation may on giving not less than fourteen days' notice to such

owner or occupier enter upon such lands (doing as little damage as

may be) and carry out such works and provide such appliances and

take such steps as are specified in such notice and recover from such

owner or occupier the expenses incurred by them in so doing (reduced

by such amount, if any, as would have been paid by the Corporation

under subsection (6) of this section had the owner or occupier, as the

case may be, himself complied with the requirements of such notice).

(4) Any such owner or occupier aggrieved by any notice under

this section may within seven days after the receipt of such notice

appeal to the sheriff of the county in which the lands to which the

notice relates are situated and his decision, either as of first instance or

reviewing the judgment of his substitute, shall be final.

(5) The Corporation and the owner or occupier of any such lands

as are referred to in subsection (1) of this section may enter into

agreements with respect to the carrying out of any works, the provision

of any appliances or the taking of

any

steps necessary for the prevention

of pollution of any water belonging to the Corporation or which they

are authorised to take for the purposes of the water undertaking and,

subject to the provisions of the succeeding subsection, the defraying

of the expenses

thereof.

(6) The Corporation shall pay compensation to the owners and

occupiers of any such lands as aforesaid in respect of any expenses

incurred by them in complying with the requirements of a notice

under this section to carry out any works or provide any appliances

or to take any steps in maintaining any works or appliances which

could not lawfully have been required otherwise than upon payment

of compensation by the local authority of the district in which such

lands are situated and any question as to the amount of compensation

to be paid shall in case of dispute be determined by arbitration.

(7) Notwithstanding anything in this section if at any time it appears

to the Corporation that immediate action is necessary to prevent

serious pollution of any water belonging to the Corporation or which

they are authorised to take for the purposes of the water undertaking

they may at their own expense take such temporary measures as they

may consider necessary to prevent such pollution.

(8) The provisions of this section shall be in addition to and not

in substitution for or derogation of any other provisions for the time

being in force for the prevention of pollution of any water belonging

to the Corporation or

which

they are authorised to take for

the

purposes

of the water undertaking.

16.—(1) Notwithstanding the repeal of the repealed Acts the

Corporation shall continue to pay—

(a) to the town council of Stirling the annual sum of £160 in full

of all claims of compensation in any way competent to them,

both for themselves and as taking burden on them for the

several hospitals or charitable institutions for which they are

Compensation

to certain

owners of

fishings.

Glasgow Corporation

Consolidation

(Water,

CH.

xliii (

Transport and Markets) Order Confirmation Act 1964

patrons, and also for the

first-minister

of

the

burgh of

Stirling,

pART

II

as owners of or otherwise interested in salmon

fishings

in the —cont.

river Forth above the shore of Stirling and in the river Teith

so far as they have rights thereto; and

(b) to the owner for the time being of the cruives and salmon

fishings of Craigforth (part of the estate of Craigforth) the

annual sum of £80 in full of all claims of compensation for

injury to the said cruives and salmon

fishings

or otherwise.

(2) The said payments shall be made as heretofore at the terms

of Whitsunday or Martinmas in all time coming and shall be accepted

by the parties mentioned in paragraphs (a) and (b) of the preceding

subsection respectively in respect of

all

loss or injury to their respective

fishings in any way arising from any of the operations of the Corpora-

tion under the powers conferred on or vested in them by this Order.

(3) Neither the said town council of Stirling nor the said hospitals

or charitable institutions of

which

they are patrons or any other person

for whom they take burden upon them as aforesaid shall have any

claim of compensation or other claim whatsoever against the

Corporation in respect of the salmon or other fishings belonging to

them on the river Forth below the shore of Stirling.

17.

Notwithstanding anything in this Order the following provisions For protection

shall apply and have effect for the protection of the South of Scotland of

South

of

Electricity Board (in this section called " the Board ") with respect

|i0t|anft

to the maintenance, alteration, renewal and reconstruction of the Board!'y

waterworks constructed under the powers of the Glasgow Water and

Tramways Order, 1939, so far as situated within the area of supply

of

the

former Clyde Valley Electrical Power Company (which works of

maintenance, alteration, renewal and reconstruction are hereinafter

in this section called " the waterworks "), unless otherwise agreed on

in writing between the Corporation and the Board, that is to say:—

The Corporation shall not in connection with the waterworks,

interfere with the electric lines and works of

the

Board, except

in accordance with the provisions of section 15 of the Electric

1882 c.

56.

Lighting Act, 1882.

18.

The following provisions for the protection of the Secretary of For protection

State for Defence shall, unless otherwise agreed in writing between the

s{a^c^ary

of

Secretary of State for Defence and the Corporation, apply and have Defence.

effect in connection with the maintenance, alteration, renewal and

reconstruction of the waterworks authorised by the Glasgow Water

and Tramways Order, 1939, that is to say:—

(1) The Corporation shall not break up, alter or stop up, remove

or otherwise interfere with, the oil pipe line of the Secretary of

State for Defence laid in the towing path of the Forth and

Clyde Canal without the consent in writing of the Secretary

of State for Defence, which consent shall not be unreasonably

withheld:

(2) If there should be any injury to or interference with the oil

pipe line of the Secretary of State for Defence laid in the

towing path of the said canal or any other detriment to such

10

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act

1964

PART II PiPe lme resulting from the operations, or from the acts or

_«,„/.

defaults of the Corporation, or their contractors or any person

in the employment of the Corporation, or of their con-

tractors, the Corporation shall, as soon as reasonably practic-

able,

carry out at their own cost and to the satisfaction of

the

Secretary of State for Defence such remedial works and

operations as may be necessary and, in the case of default

of the Corporation in so doing, the Secretary of State for

Defence may carry out such works or operations and the

sum which shall have been reasonably expended in so doing

shall be repaid to the Secretary of State for Defence by the

Corporation:

(3) If any question or difference shall arise under this section

between the Corporation and the Secretary of State for

Defence, or their respective engineers, such question or

difference shall be determined by a single arbiter, to be

appointed in the manner provided by the Arbitration

1894

c.

13.

(Scotland) Act, 1894, on the application of the Corporation

or of the Secretary of State for Defence.

Provisions 19. The provisions set out in Schedule

1

to this Order shall extend

WPltCMr t0 m^ app'y t0 the Corporation in relation to the West Main Tunnel

Tunnel

Works.

Works as if the same had been enacted in and formed part of this

Order.

C.

Authorised work

Power to 20.—(1) Subject to the provisions of this Part of this Order, the

reMirvoifin Corporation may make and maintain in the lines and according to the

Glen Finglas levels shown on the plans and sections deposited in connection with

the Glasgow Water Order, 1915:—

An impounding reservoir (Glen Finglas reservoir) to be formed

by means of a dam 282 yards or thereabouts in length across

the river Turk at a point on the said river 1,117 yards or

thereabouts measured in a straight line south from the south-

most corner of the dwelling-house of Duart, such reservoir

extending from the said dam in a north-westerly direction to

and terminating at a point on the Finglas Water 3,766 yards

or thereabouts measured in a north-westerly direction from

the point where the said dam crosses the said river Turk,

which point of termination is at or near the place where the

word " Ford " is marked on the ordnance map scale 6 inches

to the mile, sheet No. cxiii S.E. second edition 1901.

(2) The said work will be wholly situated in the parish of Callander

and the county of Perth.

Limits of 21. In the construction of the authorised work the Corporation

authorised

work

may deviate laterally to any extent not exceeding the limits of lateral

' deviation shown on the plans deposited in connection with the

Glasgow Water Order, 1915, and they may also deviate vertically from

the levels shown on the sections deposited in connection with

the said

Order to any extent not exceeding

five

feet upwards and re any extent

downwards:

Glasgow Corporation

Consolidation

{Water,

CH.

xliii 11

Transport and Markets) Order

Confirmation

Act 1964

Provided that the Corporation shall not construct the dam of the PART II

,Glen Finglas reservoir of a greater height above the general surface —cont.

of the ground than that shown on the deposited sections and five feet

in addition.

22.

The Corporation shall, when the Glen Finglas reservoir is Compensation

brought into use, commence to discharge as compensation water and water for

shall thereafter continue to discharge—

nvers

Teith

(a) out of the Glen Finglas reservoir into the river Turk, at a

point therein situated not more than 167 yards below the

foot of the dam of the Glen Finglas reservoir a flow of water

of not less than 18.52 cusecs; and

(b) out of Loch Vennachar into the river Teith a flow of water

of not less than 9.26 cusecs in addition to the compensation

water provided for by section 9 (Compensation water for

Achray Water and river Teith) of this Order.

23.

For the protection of the owner or owners for the time being For protection

of the lands comprising the catchment area of the Glen Finglas °f

owners of

reservoir (in this section respectively referred to as " the owner " ™^rising ^

and " the estate ") the following provisions shall, notwithstanding catchment area

anything in this Order or shown upon the plans and sections deposited of

Glen

Finglas

in connection with the Glasgow Water Order, 1915 (in this section reservoir.

referred to as " the Order of 1915 "), and unless otherwise agreed

between the owner and the Corporation apply and have effect, that

is to say:—

(1) In constructing the authorised work and in laying down any

pipes,

conduits and any ancillary or subsidiary works the

Corporation shall not interfere with any buildings on or

the water supplies or drainage of any part of the estate

without first making provision for the restoration of the same

to the reasonable satisfaction of the owner and shall not,

except with the consent of the owner, erect any buildings

(other than boathouses and temporary buildings or shelters

for workmen and materials) elsewhere than on the lands

edged green on the plan dated 29th June, 1915, signed on

behalf of the Corporation and the predecessor of the owner

and referred to as " plan No.

1

" in section 8 (For protection

of Earl of Moray) of the Order of 1915:

(2) If in constructing the authorised work the Corporation

interfere with any private roads on the estate they shall

restore the same to the reasonable satisfaction of the owner

and the headway of any bridges over any such roads shall in

no case be less than 12 feet:

(3) No buildings, except as aftermentioned, shall be erected by

the owner on the estate without the consent of the Corporation

but the owner may, so far as the Corporation is concerned,

erect, use and maintain for the use of the owner and the

lessees and tenants of the owner such cottages not exceeding

two in number (one of which may be classified as a farmhouse)

as may be necessary or expedient for or incidental to the

afforestation and the pasturing of the estate:

Provided that the owner shall provide and maintain on

and in connection with such cottages installations to the

xliii Glasgow Corporation

Consolidation (H

'atcr,

Transport and Markets) Order Confirmation Act 1964

reasonable satisfaction of the Corporation for the efficient

collection and treatment of the sewage and drainage thereof

and therefrom:

Provided further that if it shall be deemed desirable by the

owner to carry off such sewage and drainage from the estate

the Corporation shall allow free of charge a wayleave for any

necessary pipe or pipes for that purpose through the land

acquired by the Corporation under the powers of the Order

of 1915:

(4) The owner and his lessees and tenants shall be entitled to take

and

use

so much of the water arising within or flowing through

the estate as shall be necessary for all buildings which may

be erected on the estate and for other estate and other private

purposes, within the estate, of the owner and his lessees and

tenants without the Corporation being entitled to any

payment or compensation therefor:

(5) In exercising the powers of section

15

(Prevention of pollution)

of this Order so far as affecting the estate the Corporation

shall cause as little inconvenience as practicable to the

owner:

(6) The owner shall be entitled to place one boat on Glen Finglas

reservoir for the use of himself and his staff for the purposes

of facilitating access to certain parts of the estate and shall

also have the right along with his personal guests to fish in

Glen Finglas reservoir (from a boat only) but such right

shall be personal to the owner and shall not descend to his

heirs or be transmissible to singular successors:

(7) Any buildings to be erected by the Corporation on lands

acquired by the Corporation under the powers of the Order

of

1915

shall be erected in accordance with plans and specifica-

tions to be submitted to and approved of by the owner so

far as regards their effect on the amenity of the estate and in

the event of the owner failing to express his approval or

disapproval of the same within twenty-eight days after the

said plans and specifications have been received by him

he

shall

be deemed to have approved the same:

(8) Before offering for sale to others any lands acquired by the

Corporation under the Order of 1915 which were formerly

held by the predecessor of the owner along with the estate

the Corporation shall offer such lands to the owner and the

price to be paid by the owner to the Corporation therefor

shall, failing agreement, be determined by arbitration as

hereinafter provided in this section:

(9) The Corporation shall not, during the construction, repair and

maintenance of any works on the estate, allow (without

the consent in writing of the owner) any person employed

on such works to keep any dog, other than a watch dog

at each permanent dwelling-house, and shall use their best

endeavours to prevent poaching by any such person on the

estate:

(10) During and after the construction of

the

authorised work, the

Corporation shall free and relieve and shall indemnify the

Glasgow Corporation Consolidation (Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964 13

owner and his tenants from loss, damages and any claims PART II

which may be caused or arise by the construction or through —cont.

the failure of the authorised work or the works connected

therewith:

(11) Any difference arising between the Corporation and the

owner under this section (other than differences to which the

provisions of the Lands Clauses Acts apply), shall be deter-

mined by a single arbiter to be agreed on, or failing agreement,

by an arbiter to be appointed by the sheriff of the county of

Perth on the application of either party.

24.

The enactment of the provisions contained in section 7 (Power

Saving

for

to take water) and in this Head of this Part of this Order shall notNor* °f

affect the operation of section 5 of the Hydro-Electric Development w?^

(Scotland) Act, 1943, in its application to any constructional scheme Electric

that may be submitted by the North of Scotland Hydro-Electric Board Board.

to the Secretary of State for confirmation under that section relating

1943

c.

32.

to the use

for

the

generation of electricity of any of the waters mentioned

in paragraph (c) of the said section 7 nor any right of the Corporation

to object to any such scheme.

25.

The Corporation shall make provision for the proper accom- Accommoda-

modation and sanitary requirements of the persons employed intion,for

constructing the authorised work, including a sick bay for

the

treatment

of

cases

of sudden illness or accident, adequate first-aid equipment and

accommodation for dealing with infectious disease.

26.

The authorised work shall form part of the water undertaking. Authorised

r °

work

to form

part of

water

D.

Limits of

supply and supply provisions

undertaking.

27.—(1) The limits of the Corporation for the supply of water Limits of

shall comprise and include the area within the limits delineated in the supply.

water supply limits map, namely—

(a) the city;

(b) the burgh of Barrhead and those parts of the burghs of

Rutherglen, Renfrew, Milngavie and Bearsden, and of the

counties of Lanark, Renfrew and Stirling within which the

Corporation were supplying water and were the local water

authority immediately before the commencement of this

Order.

(2) A copy of the water supply limits map shall be signed by the

town clerk and shall be kept by him.

(3) The Corporation shall be the local water authority within the

meaning and for the purposes of the Water Acts within the limits J^L y^aws

aforesaid. premises

28.

All byelaws made by the Corporation under the Water Acts corporation

shall extend and apply to any premises outside the limits of supply outside limits

which are for the time being supplied with water by the Corporation, of

supply.

29.—(1) An occupier of any premises supplied by the Corporation JJ°bf afce'd"01

with water for domestic purposes shall not, without the written consent t0 corpora-

of the Corporation, affix or permit or suffer to be affixed any hose or tion's

mains

or

tube to aay of the mains or pipes of the Corporation, or to any supply pipes without

' consent

of

Corporation.

14

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

Power to test

water fittings.

PART II pipe or apparatus of such occupier for the purpose of washing horses,

—cont. carriages or other vehicles and windows or for watering gardens or

washing pavements or roads, or for any other purpose.

(2) Any person contravening the provisions of this section shall be

guilty of an offence and shall be liable on summary conviction to a

fine not exceeding twenty pounds and to a daily fine not exceeding

five pounds.

Power to 30. The Corporation may re-washer any water fittings in any

re-washer water premises supplied by them with water under this Order and the Water

fittings. ActS; and may recover from the owner of such fittings the reasonable

charges of the Corporation in providing the necessary materials and

workmanship.

31.—(1) (a) The Corporation may with a view to securing that

water fittings comply with the requirements of any byelaws made by

them under the provisions of section 60 of the Act of

1946,

and for the

time being in force, test such water fittings and may stamp water

fittings which on being so tested are found to comply with such

requirements.

(b) The Corporation may demand and take for the testing of water

fittings such reasonable charges as may be fixed by them from time

to time.

(2) A person shall not fit up or instal any water fittings in any

premises supplied or proposed to be supplied with water by the

Corporation unless such water

fittings

have been tested by the Corpora-

tion and stamped as complying with the requirements of any byelaws

made by them under the provisions of section 60 of the Act of 1946

and for the time being in force or otherwise tested to the satisfaction

of the Corporation:

Provided that any water fittings tested and stamped at any testing

station approved by the Corporation from time to time shall for the

purposes of this subsection, be deemed to have been tested and stamped

by the Corporation.

(3) Any person contravening the provisions of subsection (2) of this

section shall be guilty of an offence and shall be liable on summary

conviction to a fine not exceeding

five

pounds and to a fine not exceed-

ing two pounds in respect of every day during which any water fittings

fitted up or installed in any premises in contravention of subsection (2)

of

this

section are retained therein.

(4) For the purpose of this section " water fittings " includes taps,

cocks,

valves and other similar fittings and flushing and other similar

apparatus.

32.—(1) In the case of any alleged contravention of any byelaw

made by the Corporation under section 60 of the Act of 1946 pro-

ceedings may be taken against—

(a) any person at whose expense or on whose behalf any work

alleged to have been carried out in contravention of any such

byelaw was carried out;

(b) any person undertaking the carrying out of such work; and

As to liability

for contra-

vention of

water byelaws.

Glasgow Corporation

Consolidation

(Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964 15

(c) any person employed in an advisory or supervisory capacity PART II

in connection with the carrying out of such work; —cont.

or any of them and such persons or any of them found guilty of con-

travening any such byelaw shall, for the purposes of subsection (2)

of section 60 and subsection (3) of section 62 of the Act of 1946, be

deemed to have contravened the provisions of

a

byelaw made under the

said section 60.

(2) In the case of a person at whose expense or on whose behalf

any such work has been carried out it shall be a defence in any pro-

ceedings in relation to an alleged contravention of any such byelaw

that he did not know and had not any reasonable ground for suspecting

that such work did not comply with or contravened the requirements

of

such

byelaw.

33.

If any person supplied with water by the Corporation wilfully Power to cut

does or causes or permits to be done anything in contravention of any

^E^3^in

of the provisions of this Part of this Order or wilfully fails to do any- contravention.

thing which thereunder ought to be done for the prevention of waste,

misuse or contamination, or undue consumption of water, the

Corporation may—

(a) cut off or stop up any pipe by or through which water is

supplied to him and may cease to supply him with water so

long as the cause of injury remains or is not remedied; and

(b) recover from the person so offending the amount of any

damages sustained by reason

thereof.

34.

Notwithstanding anything contained in this Order or in the Corporation not

Water Acts the obligations imposed on the Corporation by this Order to

be

under

and by

the said Acts to provide a supply of water for domestic purposes, ° 'ig>atl?f

tox

or for purposes other than domestic purposes within their limits of

fraor^y

supply, shall not be construed as imposing any obligation upon the reservoirs,

Corporation to make any direct connection with any of their reservoirs, aqueducts, etc.

service tanks, aqueducts or trunk mains for the purpose of providing

any such supply.

E. Water

rates

and

charges

35.

All charges payable under this Part of this Order in respect of

As

to recovery

the recovery of which provision is not otherwise made shall be recover- °f water

able in the manner in which rates leviable by the local authority in cii!ages.

respect of the premises supplied are recoverable.

36.

To ensure the more speedy and convenient recovery of the Jurisdiction of

charges payable under this Order or under the Water Acts, including

f^L°f-

any forfeitures or penalties that may be incurred under the provisions ^^

of this Order and the Water Acts and the enforcement generally of the

provisions of this Order within the limits of supply, the sheriff of

Lanarkshire shall have jurisdiction and he is hereby required to grant

summary v/arrants and to hear and determine all complaints, actions

and suits which may be brought before him by the Corporation not-

withstanding that the persons complained of or sued may be resident,

or the cause of complaint or ground of action may have arisen beyond

the county of Lanark; and such persons may be cited to appear before

the said

sheriff,

either personally or at their usual residences, or by

citation left for them at the houses or premises to which water has been

supplied, or in respect of which the cause of action has arisen, and

16

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

PART II

—cont.

Power to

create reserve.

etc.,

funds for

water

undertaking.

Power to

provide

passenger

service on

Loch Katrine

and other

facilities.

the orders, warrants and decrees of the said sheriff may be lawfully

executed in any other county without being endorsed by any other

judge. F.

Financial provisions

37.—(1) The Corporation may continue, establish and administer

such reserve, depreciation or renewal funds in respect of the water

undertaking as may from time to time seem to the Corporation to be

necessary or desirable by setting aside from time to time out of the

revenue of the water undertaking such sums as they think fit and any

sums so set aside shall be regarded as a charge against the revenue

of the water undertaking.

(2) The amount from time to time standing to the credit of any

such reserve, depreciation or renewal funds shall not exceed one-tenth

of the aggregate capital expenditure on the water undertaking.

G.

Passenger service on Loch

Katrine,

etc.

38.

The Corporation may in connection with the water under-

taking—

(a) provide and operate a service for the conveyance of passengers

and passengers' luggage and parcels on Loch Katrine and

for the purposes of such service provide and maintain steam-

boats or other passengers vessels, piers, landing stages, ticket

offices, waiting-rooms and such other facilities and equipment

as the Corporation may deem necessary for the operation of

the said passenger service;

(b) demand and take such fares, and charges as they think fit

for the use of the said passenger service and issue season

and other tickets in connection therewith and, generally,

exercise all such powers as may be necessary for carrying

on the said passenger service;

(c) on any land belonging to them adjoining Loch Katrine

provide, erect, maintain and carry on tea rooms, refreshment

rooms (other than for the supply of excisable liquor)

lavatories, shelters, car parks and other places and con-

veniences for the use, accommodation and recreation of the

inhabitants of and visitors to the district and demand and

take such charges as they may think fit in respect

thereof;

(d) make regulations for the management regulation and control

of the said passenger service and of the facilities and con-

veniences provided by them under this section and for

regulating the conduct of the officers and servants employed

by them in connection therewith and of persons making use

of the said passenger service and the said facilities and

conveniences:

Provided that nothing in this section shall affect the powers of the

Minister of Transport under Part III or Part V of the Merchant

Shipping Act, 1894 as amended or extended by any subsequent

enactment.

Power to enter 39. The Corporation may make and carry into effect agreements

into agreements with any person for the provision by such person on such terms and

of

P°asPsenger0n

conditions and for such periods as may be agreed of a service for the

service

on Loch

conveyance of passengers and passengers' luggage and parcels on

Katrine, etc.

1894 c. 60.

Glasgow Corporation Consolidation (Water, On. xliii 17

Transport and Markets) Order Confirmation Act 1964

Loch Katrine and of any other facilities and conveniences which PART II

the Corporation are empowered to provide under the immediately —com.

preceding section of this Order.

H. Miscellaneous

40.

The Corporation may erect, purchase or take on lease dwelling- Dwelling-houses

houses for such of the persons employed by them for the purposes of

for

water

the water undertaking as require in consequence of the nature of

j^™!^18

their duties to reside in close proximity to the places where they are

employed.

41.—(1) The Corporation may do all things necessary for the Development

utilisation and development (including the afforestation) of any

f^^^r*

t

lands and estates acquired or to be acquired by them for the purposes w^er"8 °

of or in connection with the water undertaking and, notwithstanding undertaking.

anything contained in this Order or any other enactment, or in any

deeds relating to the water undertaking they may deal with the said

lands and estates as absolute proprietors and exercise in connection

therewith, either by themselves or their tenants, all the rights of

absolute proprietors including the rights of

sporting,

fishing and boating

thereon and therein and may apply the revenue of the water undei-

taking in payment of any expenses connected with the utilisation,

development, management and maintenance of the said lands and

estates and the exercise of such rights.

(2) The Corporation may enter into agreements with the Forestry

Commissioners with respect to the management or supervision by

the

Forestry Commissioners of

any

woods or forests of

the

Corporation

on any of the said lands and estates and with respect to the planting

or afforestation of any of the said lands and estates.

(3) The exercise of the powers conferred on the Corporation by

this section with respect to the afforestation of the said lands and

estates shall be deemed to be a purpose of this Order to which capital

may be applied.

(4) The powers conferred on the Corporation by this section, so far

as involving the expenditure of capital moneys, shall not be exercised

except with the consent of the Secretary of State.

42.—(1) Subject to the provisions of section 22 of the Hydro-Electric Power to

Development (Scotland) Act, 1943, as amended by the Electricity utl^r^tater

Act, 1947, the Corporation may, for the purposes of the water under- ^^orks.

taking, develop and utilise any water power available as a consequence 1943 c 32

of the construction and operation of any of the waterworks forming ' '

part of the water undertaking for the purposes of generating electricity c' '

and may provide, install, erect, and maintain and from time to time

replace, renew or repair all such buildings, generating plant, machinery

and works, and electric lines and cables, as may be required by the

Corporation to enable them to generate electricity by means of such

water power and to transform and transmit such electricity.

(2) The Corporation may utilise the electricity generated under the

powers of this section for the purposes of the water undertaking

including the supply (on such terms and conditions as the Corporation

think fit) of electricity to dwelling-houses belonging to them and for

the time being occupied by persons employed by them in connection

with the water undertaking:

18

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

PART II

—cont.

1909 c. 34.

Use of houses

at Loch

Katrine.

Service of

summonses.

For protection

of Postmaster

General in

respect of

Part II.

1869 c. 73.

1878

c.

76.

Provided that

no

such dwelling-house shall be supplied with electricity

as aforesaid without the consent in writing of the North of Scotland

Hydro-Electric Board which consent shall not be unreasonably with-

held and any question as to whether such consent has been unreasonably

withheld shall be determined by the Secretary of State.

(3) Notwithstanding anything in section 23 of the Electric Lighting

Act, 1909, or in any other enactment the Corporation may enter

into and carry into effect contracts or agreements with the North of

Scotland Hydro-Electric Board for or with respect to the supply by

the Corporation of electricity generated by them under the powers of

this section to the said Board at such price and on such terms and

conditions as may be agreed.

43.

Notwithstanding anything in any enactment a member of the

Corporation shall not by reason only of the fact that he, by himself or

his family, occupies any of the following furnished houses at Loch

Katrine forming part of

the

water undertaking, namely, Royal Cottage,

Brenahoil Lodge, Stronachlachar House and Stronachlachar Lodge

under any lease (which the Corporation are hereby authorised to

grant to him at a rent not less than that at which such house might

reasonably be expected to let) be disqualified from being nominated or

elected and from being or continuing a member of the Corporation or

any committee

thereof.

44.

Any summons relating to any water charges leviable under this

Order or under the Water Acts may (without prejudice to the provisions

of any other enactment applicable to the service thereof) be served by

being delivered at the office or place of business or residence of the

person against whom such summons is raised or if such office or place

of business or residence is not known such summons may be served

by being left at the premises in respect of

which

the charges are leviable.

45.

Any electrical works or telephone or telegraph posts, wires,

conductors or apparatus made, laid down, erected or maintained

under the provisions of the repealed Acts shall not be used in contraven-

tion of the exclusive privilege conferred upon the Postmaster General

by the Telegraph Act, 1869, and shall be so maintained and used as to

prevent interference with any telegraphic line (as defined by the

Telegraph Act, 1878) belonging to or used by the Postmaster General

or with telegraphic communication by means of

any

such line.

Definitions

for Part III

of Order.

1870 c. 78.

1954 c. 64.

PART III

TRANSPORT

A.

Definitions and vesting

46.

The following words and expressions in this Part of this Order

have,

unless there is something in the subject or context repugnant to

such construction, the meanings hereby assigned to them, that is to

say:—

" Minister " means the Minister of Transport;

"Act of 1870 " means the Tramways Act, 1870;

" Act of 1954 " means the Transport Charges &c. (Miscellaneous

Provisions) Act, 1954;

Glasgow Corporation Consolidation (Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964 19

" subway " and " subway undertaking " mean respectively the PART III

subway and the subway undertaking as existing at the —com.

commencement of this Order;

" transport undertaking " means the transport undertaking of the

Corporation and includes all omnibuses and trolley vehicles

for the time being belonging to the Corporation and the

subway and all lands, properties, works, apparatus, appliances,

servitudes, rights, powers and privileges for the time being

belonging to or held, used or enjoyed by the Corporation

for the purposes of this Part of this Order and all works,

apparatus and appliances constructed or erected in connection

with the former tramways of the Corporation under the

authority of the repealed Acts and existing at the commence-

ment of this Order;

" trolley vehicle " has the same meaning as in the Road Traffic

Act, 1960;

1960

c.

16.

" trolley vehicle undertaking" means the trolley vehicle

undertaking of the Corporation.

47.

Subject to the provisions of this Order, the transportundertaking vesting

of

as it is used and enjoyed by and vested in the Corporation at the transport

commencement of this Order shall be and continue to be vested in the undertaking.

Corporation and held, used and enjoyed by them.

48.

References in the city Acts and in any byelaws, rules and Meaning

of

regulations made thereunder to the tramway undertaking shall be "

tramway

deemed to be references to the transport undertaking. undertaking "

in city Acts.

B.

Omnibuses

49.

Notwithstanding the repeal of the repealed Acts, the Corporation p0wer to run

shall be deemed to be a local authority authorised to run public service

public

service

vehicles in pursuance of Part V of the Road Traffic Act, 1930. vehicles.

1930

c.

43.

C. Trolley

vehicles

50.

Notwithstanding the repeal of the repealed Acts the Corporation ^^°

may continue to maintain the trolley vehicle routes which are shortly trolley vehicles.

described in Schedule 2 to this Order and to work and run trolley

vehicles thereon. Minister

may

51.—(1) (a) If at any time hereafter the Corporation desire to ^0]iey veil^e

provide, equip, maintain and use trolley vehicles upon any street routes.

within the city not forming part of any trolley vehicle route for the

time being authorised they may make application to the Minister and

the Minister is hereby empowered to make an order authorising the

provision, equipment, maintenance and use by the Corporation of

trolley vehicles subject to such conditions and restrictions (if any)

as he may think fit upon any street to which such application relates

and containing such incidental provisions as the Minister may deem

expedient.

(6) Any trolley vehicle route and the powers relating thereto

authorised by the Minister under this section shall form part of the

transport undertaking.

(2) Any order made under this section shall be subject to special

parliamentary procedure and the provisions set out in section 10 of

20

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

PART III

—cont.

1945

c. 18.

1878

c.

76.

Application

of certain

provisions of

Tramways

Act, 1870,

to trolley

vehicles.

1878 c.51.

the Statutory Orders (Special Procedure) Act, 1945, relative to the

notices to be given and other requirements to be complied with before

an order is made shall in their application to any such order have

effect as if there were included a provision requiring the Corporation

to comply with any direction which may be given by the Minister as to

posting and maintaining of

notices

giving the purport of the application

in relation to any street to which it relates in that street:

Provided that nothing in this section or in any order made thereunder

shall authorise the Corporation to manufacture trolley vehicles except

to the extent authorised by section 72 (Power to manufacture bodies of

omnibuses and trolley vehicles) of this Order.

(3) The expression " Act of Parliament" in section 7 of the

Telegraph Act, 1878 (which makes provision as to work done in

pursuance of Acts of Parliament involving any telegraphic lines),

shall be construed as including any order made under this section

authorising the execution of works.

52.—(1) The following provisions of the Act of 1870 (so far as the

same are applicable for the purposes and are not inconsistent with

the provisions of this Order) are hereby incorporated with this Part

of this Order and shall apply to the trolley vehicles forming part

of the transport undertaking and shall be read and have effect as if the

works to be constructed in the streets or roads for moving the trolley

vehicles by electrical power were tramways and as if the said trolley

vehicles were carriages used on tramways, that is to say:—

Part II (Construction of tramways), except sections 25, 28,

29,

subsections (1) and (5) of section 30, and 32:

Section

41

(Tramways to be removed in certain cases):

Section 45 (Tolls &c):

Section 49 (Penalty for obstruction of promoters in laying out

tramway):

Section 50 (Penalties for wilful injury or obstruction to tramways

&c):

Section

51

(Penalty on passengers practising frauds on the

promoters):

Section 53 (Penalty for bringing dangerous goods on the tramway) :

Section 57 (Right of user only):

Section 60 (Reserving powers of street authorities to widen &c.

roads):

and

Section

61

(Power to local or police authorities to regulate traffic

in roads):

Provided that for the purposes of such incorporation the provisions

of

the

Act of 1870 specified in Schedule

3

to this Order shall have effect

subject to the modifications thereon or additions thereto described in

the said schedule.

(2) Nothing in this section shall be deemed to exclude a trolley

vehicle from the provisions of the Roads and Bridges (Scotland)

Act,

1878,

as to the side of the road on which any carriage is to be kept.

Glasgow Corporation

Consolidation

(Water,

CH.

xliii 21

Transport and Markets) Order Confirmation Act 1964

53.

The Corporation shall not discontinue the working and running PART III

of trolley vehicles along any trolley vehicle route outwith the city —cont.

upon which a service of trolley vehicles has been provided by the Trolley vehicies

Corporation under the repealed Acts or this Part of this Order without services not to

the consent of

all

the local authorities within whose districts such route

be

discontinued

is situate: without

consent

Provided that such consent shall not be unreasonably withheld

and any question whether or not such consent has been unreasonably

withheld shall be determined by the Minister whose decision shall be

final.

54.

Nothing in this Order shall in any way affect the duties of

Licence

duties

excise now payable by law on licences to be taken out for trolley

on

trolley

vehicles authorised by this Order as hackney carriages. vehicles.

55.

If any obstruction to the traffic on any of the trolley vehicle Removal of

routes of the Corporation is caused by an accident to any vehicle or obstructions.

by any vehicle breaking down or any load falling from a vehicle, the

person in charge of the vehicle shall forthwith remove the vehicle

or load so as to prevent the continuance of the obstruction, and if he

fails to do so the Corporation may remove the vehicle or load and may

remove any other obstruction of the like character to such traffic and

may provide and use all necessary plant and apparatus and take all

necessary steps to remove any such obstruction, and may recover the

reasonable cost of

so

doing from the owner of

the

vehicle.

56.

The Corporation may make, vary or repeal byelaws for all or

Byelaws by

any of the following purposes, that is to say:— Corporation

(1) for licensing trolley vehicles and the drivers, motormen and

vehicles°

etc.

conductors in charge of or using such trolley vehicles;

(2) for regulating the duties of drivers, motormen, conductors

and other servants in connection with the trolley vehicle

undertaking;

(3) for regulating the rate of speed to be observed by the trolley

vehicles subject as hereinafter provided in section 57 (As to

speed of trolley vehicles) of this Order;

(4) for regulating the distance at which trolley vehicles shall be

allowed to follow one after the other;

(5) for regulating the stopping of trolley vehicles;

(6) for preventing the commission of any nuisance in or upon

the trolley vehicles or in or against any premises in connection

with the trolley vehicle undertaking;

(7) for regulating the travelling in or upon the trolley vehicles.

57.

No byelaw made under this Order by the Corporation with

As

to speed

of

respect to the rate of speed to be observed by the trolley vehicles trolley vehicles.

shall sanction a higher rate of speed than that prescribed for trolley

vehicles by any regulation or byelaw made by the Minister but the

Corporation may if they think fit restrict the rate of speed to a lower

rate than that so prescribed.

58.

Notwithstanding the provisions relating to hackney carriages Trolley

or stage coaches contained in any Act of Parliament (other than an

vehicles,

etc.,

Act relating to Inland Revenue) or in any byelaw made under any

jjotto]j,e

Act of Parliament, it shall not be necessary for trolley vehicles or for cense

22

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

PART III

—cont.

1960

c.

16.

1962

c.

59.

Regulations

by Minister.

Mechanical

power.

the drivers, motormen or conductors in charge thereof to be licensed

except in accordance with the byelaws (if

any)

made by the Corporation

under this Order:

Provided that nothing in this section shall be in derogation of the

provisions of Part II of

the

Road Traffic Act, 1960, or of sections 5 to 9

inclusive, of the Road Traffic Act, 1962.

59.—(1) Subject to the provisions of this Order, the Minister may

make regulations with regard to the trolley vehicles forming part of the

trolley vehicle undertaking upon which mechanical power may be used

for all or any of the following purposes, that is to say:—

(a) for regulating the use of any bell or other warning apparatus

fixed to such trolley vehicles;

(b) for providing that such trolley vehicles shall be brought to a

stand at such places and in such cases as the Minister may

deem proper for securing safety;

(c) for regulating the entrances to and exits from such trolley

vehicles;

{d) for providing for the due publicity of all byelaws and

mechanical power regulations in force for the time being in

relation to the trolley vehicle undertaking by exhibition of

the same in conspicuous places on such trolley vehicles and

elsewhere.

(2) Any person offending against or committing a breach of any of

the regulations made by the Minister under the authority of this section

shall be guilty of an offence and for every such offence shall be liable

on summary conviction to a fine not exceeding forty shillings.

60.

The trolley vehicles may be moved by mechanical power subject

to the following provisions, that is to say:—

(1) Mechanical power shall not be used except with the consent

of and according to a system approved by the Minister:

(2) The Minister may make regulations (in this Part of this Order

referred to as "the Mechanical Power Regulations") for

securing to the public all reasonable protection against

danger arising from the use of mechanical power on the

trolley vehicles and for regulating the use of electric power:

(3) The Corporation or any person using any mechanical power

on the trolley vehicles contrary to the provisions of

any

of the

Mechanical Power Regulations shall be guilty of an offence

and for every such offence shall be liable on summary con-

viction to a fine not exceeding ten pounds and to a daily fine

not exceeding five pounds:

(4) (a) The Minister, if

he

is of opinion—

(i) that the Corporation or any person using mechanical

power has made default in complying with the provisions

of the Mechanical Power Regulations whether a fine in

respect of such non-compliance has or has not been

recovered; or

Glasgow Corporation

Consolidation

(Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964

(ii) that the use of mechanical power is a danger to the

passengers or the public;

may by order either direct the Corporation or such person

as the case may be to cease to use mechanical power or

permit the use of mechanical power to be continued subject

to such conditions as the Minister may impose and the

Corporation or such person as the case may be shall comply

with every such order;

(b) In every such case the Minister shall make a special report

to Parliament notifying the making of such order.

61.

The

following provisions shall apply to

the use

of electrical power \jx 0f

mder this head of this Part of this Order unless such power is entirely electrical

xmtained in and carried along with the trolley vehicles, that is toP°wer-

say:—

(1) The Corporation shall employ either insulated returns or

uninsulated metallic returns of low resistance:

(2) The Corporation shall take all reasonable precautions in

constructing, placing and maintaining their electric lines and

circuits and other works of all descriptions, and also in

working the trolley vehicle undertaking so as not injuriously

to affect by fusion or electrolytic action any gas or water

pipes or other metallic pipes, structures or substances or to

interfere with the working of any wire, line or apparatus from

time to time used for the purpose of transmitting electrical

power or of telegraphic, telephonic or electric signalling

communication or the currents in such

wire,

line or apparatus:

(3) The electrical power shall be used only in accordance with the

Mechanical Power Regulations and in such regulations

provision shall be made for preventing fusion or injurious

electrolytic action of or on gas or water pipes or other

metallic pipes, structures or substances and for minimising

as far as is reasonably practicable injurious interference

with the electric wires, lines and apparatus of other parties

and the currents therein, whether such lines do or do not use

the earth as a return:

(4) The Corporation shall be deemed to take all reasonable

precautions against interference with the working of any wire,

line or apparatus if and so long as they adopt and employ

at the option of the Corporation either such insulated returns

or such uninsulated metallic returns of low resistance and

such other means of preventing injurious interference with the

electric wires, lines and apparatus of other parties and the

currents therein as may be prescribed by the Mechanical

Power Regulations and in prescribing such means the Minister

shall have regard to the expense involved and to the effect

thereof upon the commercial prospects of the trolley vehicle

undertaking:

(5) In its application to any existing trolley vehicle route, or to any

trolley vehicle route authorised by the Minister under the

provisions of section 51 (Minister may authorise new trolley

vehicle routes) of this Order, the provisions of this section shall

23

PART III

—cont.

24

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

PART HI not, after the expiration of two years from the commencement

—cont. of the working of such trolley vehicle route, operate so as

to give any right of action in respect of injurious interference

with any electric

wire,

line or apparatus or the currents therein,

unless in the construction, erection, maintaining and working

of such wire, line and apparatus, all reasonable precautions

including the use of an insulated return have been taken to

prevent injurious interference therewith, and with the currents

therein by or from other electric currents:

(6) If

any

difference arises between the Corporation and any other

party with respect to anything hereinbefore in this section

contained, such difference shall unless the parties otherwise

agree, be determined by an arbiter to be appointed by the

Minister, and the cost of such determination shall be in the

discretion of the arbiter.

As

to electrical 62.—(1) The Corporation may in, under or over the surface of the

works. streets or roads along or adjoining those along which they are

authorised to work trolley vehicles or in which it may be necessary

so to do in order to connect the apparatus and equipment for working

such vehicles with any generating station, or to connect generating

stations, place, erect and maintain all necessary and proper standards,

brackets, conductors, mains, cables, wires, posts, poles, pillars and

any other necessary or convenient apparatus and equipment for the

purpose of working the trolley vehicles by electrical power, and may

for that purpose, subject to the provisions of Part II of the Act of

1870 as modified by section 52 (Application of certain provisions of

1870 c.

78.

Tramways Act, 1870, to trolley vehicles) of this Order, and to the

provisions of this Part of this Order, open and break up any such

street or road and any sewers, drains, water or gas pipes, tubes, wires,

telephonic and telegraphic apparatus therein or thereunder, and may

supply electrical energy for the purposes of working and lighting the

trolley vehicles:

Provided that no post or other apparatus shall be erected by the

Corporation on the carriageway, except with the consent of the

Minister.

(2) Nothing in this Part of this Order shall extend to or authorise

any interference with any works of any undertakers within the meaning

1882

c.

56. of

the

Electric Lighting Act, 1882, to which the provisions of section 15

of that

Act

apply,

except

in

accordance

with

and subject to the provisions

of that section.

(3) The Corporation may also adapt and use for the purpose of

working trolley vehicles any apparatus and equipment already provided

by them for working tramways under the repealed Acts.

(4) If it is necessary for the efficient working of the trolley vehicles

to have transforming and converting sub-stations, the Corporation

may by agreement with the owners of the land or with the road

authority concerned, construct and maintain on land or in or under

any public street or road transforming and converting sub-stations,

or either of them, and other works in connection therewith for the

purposes of working the trolley vehicles, and may in any such land,

street or road provide and maintain all such means of access and

Glasgow Corporation Consolidation (Water,

CH.

xliii 25

Transport and Markets) Order Confirmation Act 1964

approach to such sub-stations and works as may be necessary or PART III

convenient, and the Corporation shall have the right of supplying —cont.

electrical energy at or from such sub-stations for the purpose of

working and lighting the trolley vehicles.

(5) In this section the expression " generating station " includes any

station for generating, transforming, converting or distributing

electricity.

63.

The Corporation shall not, except with the approval of the Protection of

Minister of Public Building and Works, erect any generating station Minister

of

or take a supply of energy for traction purposes from any generating ^Works^118

station situate within a distance of three hundred yards from any part

of the grounds of Glasgow Cathedral unless the site for such generating

station is specified in an Act of Parliament or in an Order confirmed

by or having the effect of an Act of Parliament:

Provided always that this section shall not apply to any sub-station

for the transformation and distribution of electrical power.

64.—(1) Subject to the provisions of this Part of this Order the Corporation

Corporation shall have the exclusive right of using any apparatust0 ^av.e . ,

provided, erected or maintained by them for the purpose of working of^kig6 r'8 l

trolley vehicles. apparatus for

... . .... , . , working trolley

(2) Any person using the said apparatus (except by agreement with vehicles.

the Corporation) shall be guilty of an offence and for every offence

shall be liable on summary conviction to a fine not exceeding twenty

pounds.

65.

The trolley vehicles and the electrical equipment thereof forming Approval of

part of the trolley vehicle undertaking shall be of such form, con-

vehicles by

struction, weight and dimensions as the Minister may approve and no Minister°f

trolley vehicle shall be used by the Corporation which does not comply ranspo

with the requirements of the Minister.

66.

A trolley vehicle route shall not be opened for public traffic until Certification

it has

been certified to be fit for such traffic by the Minister.

by

Minister

of Transport.

67.

The Corporation may contract and agree with any person for Purchase,

the

sale,

lease or supply to the Corporation of such mechanical power

etc.,

of

and of such buildings, works, plant, apparatus, engines and appliances ^^etc

as may be necessary for the trolley vehicle undertaking.

68.

The following provisions for the protection of the British For protection

Railways Board and the British Waterways Board (hereinafter in this of

British

section called for their respective interests " the Board") shall (without \f^ys and

prejudice to anything in section

145

(For protection of British Railways waterways

and British Waterways Boards in relation to existing works) or Boards in

section 146 (For protection of British Railways and British Waterways respect of

Boards in relation to the execution of works under Order) of this jJ^ertakiQg

Order),

unless otherwise agreed in writing between the Corporation

and the Board, apply and have effect in relation to the trolley vehicle

undertaking, that is to say:—

(1) All apparatus and equipment forming part of the trolley

vehicle undertaking (hereinafter in this section referred to as

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act

1964

" trolley vehicle equipment") existing before the commence-

ment of this Order shall, where the same has been erected

or placed upon, across, under or over any bridge or the

approaches thereto or other work belonging to or maintain-

able by the Board or which will otherwise affect the same,

shall be maintained according to plans and particulars to be

previously submitted to and approved by the Board or in the

case of difference between the Board and the Corporation

settled by arbitration:

Provided that if the Board shall not within twenty-one

days from the delivery of such plans and particulars signify

their approval or disapproval thereof they shall be deemed

to have approved

thereof;

(2) The Corporation shall so maintain and use all trolley vehicle

equipment as not to affect injuriously the structure of any

such bridge or approaches or other work and in the event

of any injury being occasioned to such bridge or approaches

or work by the maintenance, user or removal of

the

apparatus

and equipment upon, across, under or over the same the

Board may make good the injury and may recover from the

Corporation the reasonable expense of so doing;

(3) The Corporation shall bear and on demand pay to the Board

the reasonable expense (if any) incurred by the Board of

and

in connection with the employment by the Board during the

repair by the Corporation of any trolley vehicle equipment

affecting any railway, canal, bridge or other work belonging

to or maintainable by the Board of such inspectors, signalmen

and watchmen as may be necessary for inspecting, watching

and protecting the said railways, canals and works and the

conduct of the traffic thereon with reference to and during

the repair of any trolley vehicle equipment and for preventing

all interference, obstruction, danger and accident from any

of the operations or from the acts or defaults of the Cor-

poration or their contractors or any person in the employment

of either of them or otherwise;

(4) The Corporation shall not in any manner in the maintenance

or repair of any trolley vehicle equipment obstruct or interfere

with the free uninterrupted and safe user of any railway or

canal belonging to or maintainable by the Board or any

traffic thereon;

(5) If the Board shall hereafter require to widen, lengthen,

strengthen, reconstruct, alter or repair any of their bridges,

approaches or other works under or upon which any trolley

vehicle equipment is laid or to widen or alter any railway

or canal thereunder or thereover the Corporation shall afford

to the Board all reasonable and proper facilities for

the

purpose

and if it shall be necessary for such purpose that such

equipment be taken up, diverted or removed and if the

Board accordingly give to the Corporation twenty-eight

days'

notice in writing (or in case of emergency such notice

as may be reasonably practicable) requiring such taking up,

Glasgow Corporation

Consolidation

(Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964

diversion or removal then the working or user of such part

of such equipment shall be stopped or delayed or such part

thereof shall be taken up, diverted or removed as stated in

such notice at the reasonable expense of the Corporation

and under their superintendence (if they shall give such

superintendence) but no such working or user shall be stopped

or delayed for a longer period than may be absolutely

necessary for effecting such purpose as aforesaid and such

part of such equipment shall be restored with all practicable

despatch and the Board shall not be liable to pay compensa-

tion in respect of such stoppage, delay or taking up, diversion

or removal. Any extra expense which the Board may incur

in carrying out such operations by reason of the existence

of such trolley vehicle equipment shall be paid by

the Corporation as such extra expense may, in the

event of any difference of opinion, be determined by

arbitration;

(6) If and when the Board require to reconstruct, alter, repair

or paint any bridge under which any electric wire of the

Corporation has been placed the Corporation shall, in

order to ensure the safety of the workmen employed in such

reconstruction, alteration, repairing or painting, cut off the

electric current from the trolley wires under such bridge at

such time as shall be agreed between the Corporation and

the engineer of the Board or, failing agreement, as shall be

determined by arbitration unless the Corporation have

previously adopted some other means of protection

for workmen which has been approved by the said

engineer:

Provided that the Corporation shall not be required to

cut off the electric current at any time for a longer period

than shall be absolutely necessary for effecting the purpose

of the Board;

(7) If, having regard to the proposed position of any trolley

vehicle equipment when considered in relation to the position

of the works of the Board at any point where any such

equipment will be constructed over or under any railway

or other works of the Board, it becomes necessary, in order

to avoid danger from the breaking or falling of wires for any

electric, telegraphic, telephonic or signal wires or apparatus

or electrical works or apparatus, for traction purposes of the

Board to be altered the Board may execute any works

reasonably necessary for such alteration and the reasonable

expense of so doing shall be repaid to the Board by the

Corporation;

(8) The Corporation shall not make any additional attachments

to any part of any bridge, station, depot or other property

forming part of the railways or canals of the Board without

the consent in writing of the engineer of the Board, which

consent shall not be unreasonably withheld, and such attach-

ments, if allowed, shall be temporarily removed at any time

28

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

PART III

—cont.

Attachment

of signs

indicating

stopping places

to lamp-posts,

etc.

Cutting trees

overhanging

highways.

when reasonably required by the said engineer in connection

with the maintenance and reconstruction or alteration of

any such bridge, station, depot or other property;

(9) If any difference arises between the Corporation and the

Board under this section the same shall be settled by

arbitration.

D.

Omnibuses

and

trolley vehicles (miscellaneous provisions)

69.—(1) The Corporation may with the consent of the road authority

erect poles, standards or other similar erections on or in the road on

or near to the route of any of their trolley vehicles or omnibuses, and

may attach thereto signs or directions indicating the position of stopping

places on such routes, or the Corporation may attach to any lamp-post,

pole,

standard or other similar erection on or in the road on or near to

the route of any such trolley vehicles or omnibuses such signs or

directions:

Provided that in cases where the Corporation are not the owners

of such lamp-post, pole, standard or other similar erection they shall

give notice in writing of their intention to attach thereto any such

sign or direction and shall make compensation to the owner for any

damage or injury occasioned to such lamp-post, pole, standard or

other similar erection by such attachment, and the Corporation shall

indemnify the said owner against any claim for damage occasioned to

any person or property by or by reason of such attachment.

(2) Nothing in this section shall be deemed to require the said

owner to retain any such lamp-post, pole, standard or other similar

erection when no longer required for his purposes.

(3) The Corporation shall not attach any such sign or direction to

any pole, post or standard belonging to the Postmaster General except

with his consent in writing.

(4) (a) The Corporation shall not attach any such sign or direction

to any lamp-post, pole, standard or other similar erection belonging

to—

(i) the British Railways Board; or

(ii) any local authority outwith the city

without the consent of the said board or of such local authority as

the case may be.

(b) Any consent required under this subsection shall not

be

unreason-

ably withheld, and any question as to whether or not any such consent

is unreasonably withheld shall be determined by arbitration.

70.

The Corporation may cut and lop any trees planted in or

overhanging any road forming part of a trolley vehicle route or along

which their omnibuses run, which may in any way interfere with the

construction or working of the trolley vehicle undertaking or with the

clear and safe passage of the trolley vehicles or the omnibuses, doing

no unnecessary damage to the trees and making compensation to any

person who may sustain injury by the exercise of the powers conferred

by this section, the amount of such compensation to be determined

in default of agreement by arbitration:

Glasgow

Corporation Consolidation

(Water,

CH.

xliii 29

Transport and Markets) Order Confirmation Act 1964

Provided that except in cases of emergency the Corporation shall

pART

III

give written notice to the owners or reputed owners or their known —cont.

agents or factors eight days before exercising the said powers.

71.—(1) If and so long as the Corporation provide an adequate Restricting

service of trolley vehicles or omnibuses or an adequate service of^^sof

trolley vehicles and omnibuses along the route or part of the route S^Sdition

of any of their tramways as existing or authorised at the 1st August,

1930,

in the city (such route or part of such route being in this section

called " a protected route ") it shall not be lawful except as hereinafter

in this section provided or in pursuance of any agreement entered into

by the Corporation under the provisions of section 105 (Working and

other agreements) of the Road Traffic Act, 1930, for any other local

1930

c.

43.

authority or any company, body or person (other than the British

Railways Board acting in pursuance of statutory powers vested in them

and existing at 1st August, 1930) to run omnibuses along a protected

route or along any route within the city in competition therewith, as the

case may be:

Provided that if any question arises between the Corporation and

any such authority, company, body or person as to whether any route

is competitive such question shall on the application of either of the

parties be determined as hereinafter in this section provided.

(2) Any failure on the part of the Corporation to afford an adequate

service as aforesaid along a protected route which is due to strikes,

unforeseen accidents or circumstances beyond the control of the

Corporation shall not entitle any such authority, company, body or

person to run omnibuses along a protected route or along any route

within the city in competition therewith as the case may be.

(3) The Traffic Commissioners shall on receiving any application

(otherwise than from the British Railways Board acting in pursuance

of statutory powers as aforesaid) for a licence for an omnibus to ply

for hire in the city forthwith give notice in writing to the Corporation

of the application and shall, when considering such application, have

regard to the provisions of this section and shall also consider any

objections or representations submitted by the Corporation with

reference to such application:

Provided that the right of the applicant for the licence to appeal

to the Minister from the decision of the Traffic Commissioners under

section 143 of the Road Traffic Act, 1960, shall not be affected but the

1960

c.

16.

Minister in making any order under that section shall have regard to

the provisions of this section.

(4) The Traffic Commissioners shall, on the application of the

Corporation (subject to any rights possessed by the Traffic Com-

missioners to approve or disapprove the fitness of vehicles for which a

licence to ply for hire is desired) grant to the Corporation such number

of

licences

for omnibuses to ply for hire as the Corporation may from

time to time reasonably require in order to provide an adequate

service of omnibuses along a protected route. If

any

dispute shall arise

between the Corporation and the Traffic Commissioners as to what

number of licences are reasonably required by the Corporation the

dispute shall be referred to the Minister whose decision shall be final.

30

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act

1964

PART III

—cont.

Power to

manufacture

bodies of

omnibuses

and trolley

vehicles.

Cloakrooms,

etc.

1895 c. cxliii.

(5) Any question at any time arising as to whether or not the

Corporation are providing an adequate service as aforesaid along a

protected route or whether there is or would be any such competition

as aforesaid shall be determined by the Minister on the application of

any interested party, and the Minister shall have power to make such

order thereon as he thinks fit. Any order made by the Minister under

this section shall be final and binding on the parties affected thereby

and not subject to appeal to any court and shall be enforceable at the

instance of the Minister or of the Corporation or of the Traffic Com-

missioners or of such applicant for a licence, as the case may be, by

summary application to the Court of Session.

(6) Nothing in this section shall be deemed—

(a) to restrict the running of any omnibus by any such authority,

company, body or person along a protected route or along

any route within the city in competition therewith if no

passenger conveyed by such omnibus is on any one journey

both taken up on a protected route or on any route within

the city in competition therewith and set down on a protected

route or on any route within the city in competition therewith;

or

(b) to prevent the grant or renewal of any licence to ply for hire

with an omnibus on the condition that no passenger conveyed

by the omnibus to which the licence relates shall on any one

journey be both taken up on a protected route or on any

route within the city in competition therewith and set down

on a protected route or on any route within the city in

competition therewith.

(7) References to the city in this section shall be deemed to be

references to the city as existing before the 22nd December, 1937.

72.

The Corporation may for the purposes of the transport

undertaking manufacture the bodies of omnibuses and trolley vehicles.

73.

The provisions of section 29 (Erection of waiting rooms, &c,

in streets) of the Glasgow Corporation and Police

Act,

1895,

shall extend

and apply to any places on the trolley vehicle routes or omnibus routes

of the Corporation, but the Corporation shall not use for the purposes

of that section any part of the road or exercise the powers of this

section without the consent of the road authority.

Through

omnibuses

and trolley

vehicles.

74.—(1) The Corporation may run through omnibuses and trolley

vehicles on any omnibus or trolley vehicle routes of the Corporation

for the time being, or any part

thereof,

and such omnibuses and trolley

vehicles shall be distinguished from other omnibuses and trolley

vehicles in such manner as may be directed by the Corporation.

(2) The Corporation may demand and take for every passenger

by such omnibuses and trolley vehicles a fare or charge not exceeding

the maximum fare or charge authorised or chargeable for and

in

respect

of

the

whole of such route or the whole of

the

portion thereof traversed

by any such omnibuses and trolley vehicles:

Glasgow Corporation

Consolidation

{Water,

CH.

xliii 31

Transport and Markets) Order Confirmation Act 1964

Provided that during the running of such through omnibuses and PART III

trolley vehicles the Corporation shall maintain a reasonably sufficient —cont.

ordinary service of omnibuses or trolley vehicles.

(3) Nothing in subsection (2) of this section shall be in derogation

of the provisions of section 2 of the Act of 1954.

75.—(1) Notwithstanding anything in this Order, the Corporation Power to

may on any occasion run and reserve omnibuses or trolley vehicles reserve

within the city for any special purpose which the Corporation may omnibuses

consider necessary or desirable, provided that such special omnibuses vehiclesfor

and trolley vehicles shall be distinguished from other omnibuses and special

trolley vehicles in such manner as may be directed by the Corporation, purposes.

and that during the running of such special omnibuses or trolley

vehicles the Corporation shall maintain a reasonably sufficient ordinary

service of omnibuses or trolley vehicles.

(2) The Corporation may make byelaws and regulations for pro-

hibiting the use of any such special omnibuses or trolley vehicles by

any persons other than those for whose conveyance the same are

reserved.

(3) The Corporation may demand and take such fares or charges

as they think fit in respect of any such special omnibuses and trolley

vehicles.

(4) Nothing in subsection (3) of this section shall be in derogation

of the provisions of section 2 of the Act of 1954.

76.

For the better regulation of persons desiring to travel on the Power

to

trolley vehicles or omnibuses of the Corporation, the Corporation may require

erect and maintain barriers and posts at any stopping place or terminus

{^^eers

to

on the routes

thereof,

and for that purpose may use any street or road wa;t

jn

unes

within the city and (with the consent of

the

road authority) outside the or queues.

city and the Corporation may make bye-laws requiring persons waiting

to enter the trolley vehicles or omnibuses at any stopping place or

terminus to wait in Unes or queues and to enter the trolley vehicles or

omnibuses in the order in which they stood in such lines or queues:

Provided that the Corporation shall not exercise the powers of this

section without the consent of the road authority.

77.

The Corporation shall perform in respect of their trolley vehicles Conveyance

and omnibuses all the services in regard to the conveyance of mails of

mails.

which are prescribed by the Post Office Act, 1953, in the case of a

1953

c.

36.

tramway to which that Act applies.

E. Protective

provisions relating to trolley vehicles

and omnibuses

78.—(1) It shall be lawful for the Postmaster General in any street

Use

of

trolley

or part of a street in which he is authorised to place a telegraph to

vehicle posts by

use for the support of such telegraph any posts and standards (with

Q^™^

ter

the brackets connected therewith) erected in any such street by the

Corporation in connection with the trolley vehicle undertakin| and to

32

CH.

xliii Glasgow Corporation

Consolidation

{Water,

Transport and Markets) Order Confirmation Act

1964

PART III lengthen, adapt, alter and replace such posts, standards and brackets

—com.

for the purpose of supporting any telegraph and, from time to time,

to alter

any

telegraph

so

supported subject

to the

following

conditions:—

(a) in placing, maintaining or altering such telegraph no obstruc-

tion shall be caused to the traffic along any trolley vehicle

route or the working or use of

the

trolley vehicle undertaking;

(b) (i) the Postmaster General shall give to the Corporation not

less than twenty-eight days' notice in writing of his intention

to exercise any of the powers of this section and shall in

such notice specify the streets or parts of streets along which

it is proposed to exercise such powers and the manner in

which it is proposed to use the posts, standards and brackets

and also the maximum strain and the nature and direction

of such strain;

(ii) any difference as to any matter referred to in such notice shall

be determined as hereinafter provided:

(c) unless otherwise agreed between the Postmaster General and

the Corporation, the Postmaster General shall pay the

expense of lengthening, adapting, altering or replacing under

the provisions of this section any post, standard or bracket

and the expense of providing and maintaining any appliances

or making any alterations rendered necessary in consequence

of the exercise of the powers of this section for the protection

of the public or the unobstructed working or user of the

trolley vehicle undertaking or to prevent injurious affection

of the Postmaster General's telegraphs or any telegraphic or

telephonic line or electrical apparatus of the Corporation or

by any regulations which may from time to time be made

by the Minister arising through the exercise by the Postmaster

General of the powers conferred by this section:

(d) (i) unless otherwise agreed or in case of difference determined

as hereinafter provided all telegraphs shall be attached to the

posts,

standards or brackets below the level of the trolley

wires and on the side of such posts or standards farthest

from the trolley wires;

(ii) any difference as to the conditions of attachment shall be

determined as hereinafter provided:

(e) unless otherwise agreed a telegraph shall not be attached to

any post or standard placed in or near the centre of any

street or public road:

(/) the Postmaster General shall cause all attachments to posts,

standards or brackets used by him under the powers of this

section to be from time to time inspected so as to satisfy

himself that the said attachments are in a proper condition

and state of repair:

(g) the Postmaster General shall make good to the Corporation

and shall indemnify them against any loss, damage or expense

which may be incurred by them through or in consequence

of the exercise by the Postmaster General of the powers

Glasgow Corporation Consolidation (Water,

CH.

xliii 33

Transport and Markets) Order Confirmation Act 1964

conferred upon him by this section unless such loss, damage PART III

or expense be caused by or arise from negligence on the part — cont.

of the Corporation their officers or servants:

(h) the Postmaster General shall make such reasonable contribu-

tion to the original cost of providing and placing any post,

standard or bracket used by him and also to the annual

cost of the maintenance and renewal of any such post,

standard or bracket as having regard to the respective interests

of the Corporation and the Postmaster General in the use of

the post, standard or bracket and to all the circumstances of

each case may be agreed upon between the Postmaster

General and the Corporation

or

(failing agreement) determined

as hereinafter provided:

(0 the Corporation shall not be liable for any interference with

or damage or injury to the telegraphs of the Postmaster

General arising through the exercise by the Postmaster

General of the powers conferred by this section and caused

by the maintaining and working of the trolley vehicles or

by any accident arising thereon or by the authorised use by

the Corporation of electrical energy unless such interference,

damage or injury be caused by negligence on the part of the

Corporation their officers or servants

:

0') if it shall become necessary or expedient to alter the position

of or remove any post, standard or bracket the Postmaster

General shall upon receiving twenty-eight days' notice

thereof at his own expense alter or remove the telegraph

supported thereby or at his option retain the post, standard

or bracket and pay the Corporation the value of the same:

Provided that if the Corporation, or the body having the

control of the street in which such post, standard or bracket

is situated, object to the retention of the post, standard or

bracket by the Postmaster General a difference shall be

deemed to have arisen and shall be determined as hereinafter

provided.

(2) Nothing in this section shall prevent the Corporation from

using their posts, standards or brackets for the support of any of their

electric wires and apparatus whether in connection with the trolley

vehicle undertaking or other municipal undertakings.

(3) All differences arising under this section shall be determined in

manner provided by sections 4 and

5

of the Telegraph

Act,

1878,

for the

1878

c.

76.

settlement of differences relating to a street or public road.

(4) In this section the expression " the Corporation " includes then-

lessees and the expression " telegraph " has the same meaning as in

the Telegraph Act, 1869, and in this section other expressions have the

1869

c.

73.

same meaning as in the Telegraph Act, 1878.

79.

For the protection of the local authorities (each of which is in For protection

this section called for their respective interests "the authority")

^j™3}.

for the

burghs

and districts beyond the city in which trolley vehicles

are

autn°nties.

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act

1964

or may be worked by the Corporation the following provisions shall

unless otherwise agreed have effect and be binding on the Corporation

as regards the trolley vehicles in the district of the authority, that is

to say:—

(1) The Corporation shall erect the apparatus for the trolley

vehicles in such a manner as will cause the least interference

with the ordinary traffic on the roads:

(2) (a) The Corporation may provide and place appliances for

or in connection with mechanical power traction in or under

the roads but always in such a manner as will not interfere

with the free and safe passage of ordinary traffic on such

roads and the Corporation may also if necessary place poles,

section boxes and appliances for carrying wires at the sides

of those roads but the position, design and form of construc-

tion of such poles, boxes and appliances shall be subject to

the approval of the authority;

(b) The Corporation shall immediately on the completion of

their operations, which they shall be bound to carry out with

all speed, restore to the satisfaction of the authority such

portions of the footpaths with corresponding kerb and

channel as may have been disturbed by their operations:

(3) The authority shall at all times have free access to and com-

munication with all their sewers and drains and power to lay

lateral and private drains to communicate therewith without

the consent or concurrence of the Corporation:

(4) (a) The Corporation shall pay to the authority the costs and

expenses which they may reasonably incur or be put to in

superintending the works by this Order authorised and shall

also pay to the authority any extra expense they may at any

time be put to by reason of the existence of the trolley vehicle

undertaking in respect of any construction, reconstruction,

alteration, repair, connection, conversion, or otherwise upon

or connected with bridges, culverts, mains, pipes, drains,

sewers, tubes, wires, manholes, watercourses, or apparatus

and generally in carrying into effect any of the powers to

execute works vested in or conferred on the authority by any

statutory enactment including any connections in the roads

requiring to be made from properties ex adverso thereto:

Provided that the Corporation may, if they so desire,

execute the whole or any part of the removal, construction

or repair of the aforesaid works provided they do so forthwith

on due notice from the authority and execute the work at the

sight and to the satisfaction of the authority;

(b) For the purposes of this subsection the expression

" the authority " includes the Airdrie Coatbridge and District

Water Trustees and the Scottish Qas Board;

Glasgow Corporation Consolidation (Water,

CH.

xliii 35

Transport and Markets) Order Confirmation Act 1964

(5) Nothing contained in this Order shall prevent the authority PART III

or any person empowered by them at any future time from —com.

carrying out any works (including railway crossings) over,

across or under the level of the roads on which the trolley

vehicles are worked:

Provided that such works in their construction, main-

tenance or working shall not injuriously interfere with or

affect the maintenance or operating of the trolley vehicles:

(6) For the purpose of the lighting of any road the authority

shall upon giving reasonable notice to the Corporation

have the right to use in such manner as may be approved

of by the Corporation any poles or brackets erected by

the Corporation and any additional cost which may thereby

be imposed upon the Corporation shall be borne by the

authority:

The authority shall in the event of such use make good

any damage done by them or their workmen, servants or

agents to any such poles or brackets or to the wires and

fittings of the Corporation suspended therefrom or affixed

thereto and shall indemnify and

save

harmless the Corporation

from all claims and demands, actions, costs and expenses

which the Corporation may incur by reason of or arising

out of such user:

(7) If any post or overhead wire becomes, owing to the con-

struction of any new road or otherwise in the opinion of

the authority an obstruction the Corporation shall alter

the position thereof in such a manner as the authority may

direct but the Corporation may appeal against such direction

to the Minister and the decision of the Minister shall be

final:

(8) Any difference between the Corporation and any authority

or any other person in connection with anything contained

in this section shall failing agreement be determined by

arbitration.

80.

For the protection of the South of Scotland Electricity Board For protection

(hereinafter referred to as "the Board") the following provisions°fs°u*of

shall unless otherwise agreed in writing between the Corporation and

EieCt^ity

the Board apply and have effect:— Board in

rcsDcct of

(1) For the purposes of its incorporation with and application trolley

to this Part of this Order as provided by section 52 vehicles.

(Application of certain provisions of Tramways Act,

1870,1870

c.

78.

to trolley vehicles) of this Order, section 30 of the Act of

1870 (which last-mentioned section is hereinafter referred to

as " the section ") shall be read and construed in relation to

the Board as if—

(a) the words " gas or electricity" were inserted in

lieu of the word " gas" wheresoever the same occurs in

the section;

36

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act

1964

PART III

—cont. (b) the words "(the promoters paying the reasonable

costs of any such superintendence to the Board)" were

added after the word " engineer " in subsection (1) of the

section;

(c) the Board were deemed to be a company for the

purposes of the section:

(2) The reference to section 30 of the Act of 1870 contained in

section 62 (As to electrical works) of this Order, shall be

deemed to be a reference to the said section 30 as amended

by subsection (1) of this section.

Fares and

charges and

passengers'

luggage on

trolley

vehicles and

omnibuses.

F.

Fares and charges

on

omnibuses

and

trolley vehicles

81.—(1) Subject to the provisions of this Part of this Order the

Corporation may demand and take for passengers and parcels, goods,

articles or things carried on the trolley vehicles and omnibuses provided

by the Corporation under this Order fares and charges not exceeding

such maximum fares and charges as they may from time to time think

fit.

(2) Every such passenger may take with him personal luggage

not exceeding twenty-eight pounds in weight without extra charge:

Provided that such luggage is carried by hand and at the respon-

sibility of the passenger and does not occupy any part of

a

seat required

for a passenger and is not of a form or description likely to annoy or

inconvenience other passengers.

(3) The Corporation may if they think fit convey on the trolley

vehicles and omnibuses parcels, goods, articles or things not exceeding

fifty-six pounds each in weight.

(4) Nothing in this section shall be in derogation of the provisions

of

the

Act of 1954.

Fares to

be paid as

directed by

Corporation.

Concessionary

fares.

1955 c. 26.

82.

The fares, rates and charges authorised under the provisions

of any enactment (including this Order) shall be paid to such persons

and in such manner as the Corporation may by notice annexed to

the list of fares, rates and charges or otherwise appoint.

83.

The Corporation may continue to make such arrangements as

immediately before the commencement of this Order they were

authorised to make under subsection (3) of section 10 (Tramway fares

etc.) of the Glasgow Corporation Order, 1952, and under the Public

Service Vehicles (Travel Concessions) Act, 1955, for charging reduced

fares to such classes of persons as they may think fit on the omnibuses

and trolley vehicles forming part of the transport undertaking:

Provided that in the case of the omnibuses forming part of the

transport undertaking any such arrangements shall be subject to the

approval of the Traffic Commissioners,

Glasgow Corporation

Consolidation

{Water,

CH.

xliii 37

Transport and Markets) Order Confirmation Act 1964

G.

Subway undertaking

PART III

-cont.

84.—(1) The subway shall comprise the two subways which are^ . .

briefly described in Schedule 4 to this Order, both of which are together subways*1011

in this head of this Part of this Order referred to as " the subway ".

(2) (a) The subway shall consist of tunnels or covered ways, and

shall have two lines of rails on the gauge of four feet, and shall be

approached by means of staircases or shafts, with or without lifts.

(b) The traffic on the subway shall be restricted to the conveyance

of passengers and parcels, in carriages or cars drawn or propelled by

such means other than steam locomotives, as shall be approved from

time to time by the Minister.

85.—(1) The Corporation may demand and take for passengers Fares and

and parcels, goods, articles or things carried on the subway, fares charges an,d

and charges not exceeding such maximum fares and charges as they ju^gagfon

may from time to time think fit. subway.

(2) Every such passenger may take with him personal luggage

not exceeding twenty-eight pounds in weight without extra charge:

Provided that such luggage is carried by hand and at the responsi-

bility of the passenger and does not occupy any part of a seat required

for a passenger and is not of a form or description likely to annoy

or inconvenience other passengers.

(3) The Corporation may if they think fit convey on the subway

parcels, goods, articles or things not exceeding

fifty-six

pounds each in

weight.

86.

The Corporation may make such arrangements for charging Concessionary

reduced fares on the subway to particular classes of persons as they are ^,°"

authorised to make on the omnibuses and trolley vehicles forming

part of the transport undertaking.

87.

In addition to the fares and charges authorised by this head Charges for

of this Part of this Order for the use of the subway, the Corpora- extra services.

tion may demand and take a reasonable sum for collecting or delivering

parcels, and other services incidental to the business of a carrier,

where such services respectively shall be performed by the

Corporation.

88.

The Corporation may demand and take for the use in connection

Charges

for

with the subway of any lifts, cranes or weighing machines erected by lifts, cranes

them, of and from the owner or person having charge of any articles SS""8

or things raised or lowered, loaded or unloaded or weighed by means

of the same, such reasonable charges as may, from time to time, be

fixed by the Corporation.

38

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

PART III

—cont.

Regulations as

to payment of

fares and

charges.

89.

The fares and charges by this head of this Part of this Order

authorised to be demanded and taken by the Corporation for the

use of the subway shall be paid to such persons and at such places

on or near the subway, and in such manner, and under such regulations

as the Corporation may by notice appoint.

List of

fares and

charges to be

exhibited.

90.

A list of the fares and charges authorised by this head of this

Part of this Order to be demanded and taken for passengers, and

which shall be charged by the Corporation from time to time, shall be

exhibited for the convenience of passengers at each of the booking

offices on the subway.

Protective 91. The provisions set out in Schedule 5 to this Order shall extend

provisions, etc., an(j appiy to tne Corporation in relation to the subway as if the same

theP5wayt0 had been enacted in and formed part of

this

Order.

Application of

transport

revenue.

H. Financial provisions

92.—(1) The revenue from the transport undertaking shall be applied

annually in the following manner:—

(a) in maintaining the trolley vehicles and the omnibuses and the

subway and other property forming part of the transport

undertaking;

(b) in paying all working and other expenses properly chargeable

to revenue;

(c) in providing the interest on any moneys raised or borrowed

by the Corporation for the purposes of the transport under-

taking together with the amount necessary to be paid into

any sinking fund for the repayment of the moneys so raised

or borrowed; and

(d) subject to the provisions of subsections (2) and (3) of this

section in providing the sums necessary to meet depreciation;

and the surplus after providing such payments shall be carried to the

credit of the common good to be applied at the discretion of the

Corporation in extinction of debt or reduction of rates or for any

other purpose to which the common good may competently be applied

(2) Notwithstanding the provisions of paragraph

(d)

of the preceding

subsection the Corporation shall not in the application of the revenue

from the transport undertaking be required to provide any sum to

meet depreciation in respect of any trolley vehicles or omnibuses or

any other property forming part of the transport undertaking provided

out of money borrowed by the Corporation for the repayment of

which money, within a period representing the economic life of such

property, provision has been made by the Corporation:

Provided that the Corporation may if they think fit continue to

provide or may provide out of the revenue of the transport under-

taking such sums as they may think fit to meet depreciation in respect

Glasgow Corporation Consolidation (Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964 39

of the trolley vehicles or omnibuses or any of them and of any of such PART III

other property as aforesaid and any such sums shall be deemed to —cont.

have been provided in accordance with paragraph (d) of the preceding

subsection:

Provided further that where any of the said trolley vehicles or

omnibuses or any such other property as aforesaid have or has been

provided out of money borrowed by the Corporation for the repayment

of which money within a period representing the economic life of such

trolley vehicles or omnibuses or any such other property as aforesaid

provision has not been made by the Corporation, the Corporation

shall provide annually from the said revenue such sum to meet

depreciation as shall be appropriate having regard to the economic

life of the subjects for the provision of which the money has been

borrowed.

93.

In the accounts of the Corporation relative to the transport Accounts of

undertaking the Corporation shall (so far as may be reasonably ^ertaJdng

practicable) show in separate sections the revenue and expenditure in

connection with—

(a) their trolley vehicles;

(b) their omnibuses; and

(c) the subway.

94.

The Corporation shall furnish to the Minister the annual Annual

accounts of the transport undertaking. accounts to

r be furnished

to Minister of

Transport.

/.

Miscellaneous and general

95.

For the removal of doubt it is hereby provided that apparatus Application of

forming part of the transport undertaking shall be apparatus to which

Public

Utilities

section 26 of the Public Utilities Street Works Act, 1950, applies. A^S

1950

c.

39.

96.

The transport undertaking of the Corporation shall continue Transport

to be and shall be deemed always to have been part of the common ^£Sct°

g°°d- of common

good.

97.

Subject to the provisions of this Order the Corporation may Leasing of

subject to the approval of the Minister— transport

undertaking,

(1) lease the transport undertaking or any part

thereof;

and JjS^

etc

(2) enter into and carry into effect agreements with any person

for working the trolley vehicles or for all or any of the

following purposes, that is to say:—

(a) the management, use, working and maintenance of

the trolley vehicles and apparatus connected therewith;

40

CH.

xliii Glasgow Corporation Consolidation [Water,

Transport and Markets) Order Confirmation Act 1964

PART III

—cont. (b) the supply of any trolley vehicles or working stock

and of officers and servants for the conduct of the traffic

on the trolley vehicle undertaking;

(c) the payments to be made and the conditions to be

performed with respect to the matters aforesaid;

(d) the interchange, accommodation, conveyance and

delivery of traffic coming from or destined for any service

provided by any party to the agreement and the fixing

and division between the contracting parties of the receipts

arising therefrom;

(e) generally all matters incident to or consequent on

the making or carrying into effect of any such agreement.

Power to

acquire

patent rights.

98.

For the purpose of the transport undertaking the Corporation

may acquire, hold, and exercise patent and other rights or licences,

but not so as to acquire any exclusive right therein.

Power to make

byelaws as to

number of

passengers on

subway

carriages.

99.—(1) The Corporation may make byelaws for regulating the

number of passengers which may be carried seated and the number

of passengers which may be carried standing on their subway carriages

and such byelaws may prescribe as regards subway carriages of

special

construction a number of standing passengers greater than the number

prescribed in the case of other subway carriages.

(2) All enactments and all orders, byelaws and regulations made

thereunder restricting or prescribing the number of passengers which

may be carried seated and the number of passengers which may be

carried standing on subway carriages or making provision as to the

number of seats to be provided for passengers shall in so far as incon-

sistent with any byelaws made by the Corporation under the powers

of this section cease to apply to the Corporation and to the subway

carriages of the Corporation.

Lost property

on trolley

vehicles and

subway

carriages.

1960

c.

16.

100.

Paragraph (i) of section 160 of the Road Traffic Act, 1960,

shall have effect as if the expression " public service vehicle " included

any trolley vehicle and subway carriage of the Corporation and any

regulations for the time being in force under the said section by virtue

of the said paragraph shall with any necessary adaptations and subject

to any express provision of the regulations be construed accordingly.

Definition of 101. For the purposes of this Part of this Order the expression

road authority « roaci authority " means, with reference to any road or part of

a

road,

P°artPilTofeS

° tne authority, company or person charged with or liable to contribute

Order. to the maintenance of such road or part of a road.

Glasgow Corporation

Consolidation

(Water,

CH.

xliii 41

Transport and Markets) Order Confirmation Act 1964

102.

Any question or difference arising under this Part of this PART III

Order which is directed to be determined by arbitration shall unless —cont.

it is otherwise in this Order specially provided be determined by an References to

arbiter to be mutually agreed upon or, failing agreement, to bearbitration-

appointed by the Minister on the application of either party and the

decision of such arbiter shall be final.

103.

In respect of the exercise of any powers or duties conferred Inquiries

by

on the Minister or the giving by him of any consents under this Part of Minister

of

this Order the provisions of Part I of the Board of Trade Arbitrations

TransPort

&c.

Act, 1874, shall apply as if the Minister were referred to therein

1874

c.

40.

in lieu of the Board of Trade and as if in section 4 of that Act the

words " under the seal of the Minister" were substituted for the

words " by writing under the hand of the President or of one of the

Secretaries of the Board ".

104.

The agreement between the Corporation of the first part, Continuation

Scottish Omnibuses Limited, W. Alexander and Sons Limited, °f ^^J

Western S.M.T. Company Limited, Central S.M.T. Company Limited greeme

and David Lawson Limited of the second part and the British Transport

Commission of the third part set out in Schedule

6

to this Order shall

continue in force and effect shall be given thereto accordingly subject

to such modifications (if

any)

as may from time to time be agreed upon

between such parties:

Provided that the first schedule to the said agreement shall be

read and have effect as if—

(1) for the words " Glasgow Road" in the second column

thereof there were substituted the words " Rutherglen

Road "; and

(2) for the words " Penman Avenue", " King's Road" and

" Thornliebank Road " in the third column thereof there

were substituted the words "Westmuir Place", "King

Street" and " Spiersbridge Road " respectively.

105.

If any person wilfully does or causes to be done with respect Penalty for

to any apparatus used for or in connection with the working of the IJ™^

transport undertaking anything which is calculated to obstruct or

interfere with the working of such undertaking or to cause injury to

any person he shall (without prejudice to any proceedings by way of

interdict or otherwise to which he may be subject) be guilty of an

offence and shall be liable on summary conviction to a fine not

exceeding twenty pounds.

106.

Save as provided in section

71

(Restricting running of omnibuses

Saving

for

in competition) of this Order, nothing in this Part of this Order shall Road TraflSc

be in derogation of the provisions of Part V of the Road Traffic Act,Acts-

1930,

or of

Part

III of the Road Traffic Act, 1960. J||g £ «.

D

PART III

—cont.

For protection

of Postmaster

General in

respect of

trolley vehicle

undertaking

and the

subway.

CH.

xliii Glasgow Corporation Consolidation {Water,

Transport and Markets) Order Confirmation Act

1964

107.—(1) The following provisions shall have effect with respect to

the trolley vehicle undertaking and the subway (hereinafter in this

section together referred to as " the undertaking ") so long as the

same are worked by electricity, that is to say:—

(a) (i) The Corporation shall construct all electric lines and other

works of all descriptions and shall work the undertaking in

all respects with due regard to the telegraphic lines from time

to time used or intended to be used by the Postmaster General

and the currents in such telegraphic lines and shall use every

reasonable means in the construction of their electric lines

and other works of all descriptions and the working of the

undertaking to prevent injurious affection whether by

induction or otherwise to such telegraphic lines or the

currents therein;

(ii) If any question arises as to whether the Corporation have

constructed their electric lines or other works or operate the

undertaking in contravention of

this

paragraph such question

shall be determined by arbitration:

(b) If any telegraphic line of

the

Postmaster General be injuriously

affected by the construction by the Corporation of their

electric lines and works or by the working of the undertaking

the Corporation shall pay to the Postmaster General the

expense of all such alterations in the telegraphic lines of the

Postmaster General as may be necessary to remedy such

injurious affection:

(c) (i) Before any electric line is laid down or any act or work

for working the undertaking by electricity is done within

ten yards of any part of a telegraphic line of the Postmaster

General (other than repairs) the Corporation or their agents

not more than twenty-eight nor less than fourteen days before

commencing the work shall give written notice to the

Postmaster General specifying the course of the line and the

nature of the work including the gauge of any wire and the

Corporation and their agents shall conform with such

reasonable requirements (either general or special) as may

from time to time be made by the Postmaster General for the

purpose of preventing any telegraphic line of the Postmaster

General from being injuriously affected by the said act or

work;

(ii) Any difference which arises between the Postmaster General

and the Corporation or their agents with respect to any

requirement so made shall be determined by arbitration:

(d) If any telegraphic line of the Postmaster General situated

within one mile of any portion of the works connected with

the undertaking is injuriously affected and the Postmaster

General is of opinion that such injurious affection is or may

be due to the construction of such works or to the working

of the undertaking the engineer-in-chief of the Post Office or

any person appointed in writing by him may, at all times

when electrical energy

is

being generated or used

by

or supplied

to the Corporation for the purposes of the undertaking,

enter any of the works of the Corporation for the purpose

of

Glasgow Corporation

Consolidation

(Water,

CH.

xliii 43

Transport and Markets) Order Confirmation Act 1964

inspecting the plant of the Corporation and the working of

pART

m

the same and the Corporation shall, in the presence of such —cont.

engineer-in-chief or such appointed person as aforesaid,

make any electrical tests required by the Postmaster General

and shall produce for the inspection of the Postmaster General

the records kept by

the

Corporation pursuant to

the

Mechanical

Power Regulations:

(e) In the event of any contravention of or wilful non-compliance

with this subsection by the Corporation or their agents the

Corporation shall be liable to a fine not exceeding ten pounds

for every day during which such contravention or non-

compliance continues or if the telegraphic communication

is wilfully interrupted not exceeding fifty pounds for every

day on which such interruption continues:

(/) Nothing in this subsection shall subject the Corporation or

their agents to a fine under this subsection if they satisfy

the court having cognisance of the case that the immediate

doing of any act or the execution of the work was required

to avoid an accident or otherwise was a work of emergency

and that they forthwith served on the postmaster or sub-

postmaster of the postal telegraph office nearest to the place

where the act or work was done a notice of the execution

thereof stating the reason for doing or executing the same

without previous notice:

(g) For the purposes of this subsection a telegraphic line of the

Postmaster General shall be deemed to be injuriously affected

by an act or work if telegraphic communication by means

of such line is, whether through induction or otherwise, in

any manner affected by such act or work or by any use made

of such work:

(h) For the purposes of this subsection and subject as therein

provided sections 2, 10 and 12 of the Telegraph Act, 1878, i878c. 76.

shall be deemed to be incorporated with this Order as if

the Corporation were undertakers within the meaning of

those sections without prejudice nevertheless to any operation

which the other sections of the said Act would have had if

this subsection had not been enacted:

(/) In this subsection the expression " electric line " has the same

meaning as in the Electric Lighting Act, 1882: i882 c. 56.

0) Any question or difference arising under this subsection

which is directed to be determined by arbitration shall be

determined by an arbiter appointed by the Minister on the

application of either party whose decision shall be final:

(it) Nothing in this subsection shall be held to deprive the

Postmaster General of any existing right to proceed against

the Corporation by interdict action or otherwise in relation

to any of the matters aforesaid.

(2) The expression " Corporation" in this section shall include

essees, licensees and any person owning, working or running trolley

vehicles on any trolley vehicle route of the Corporation or running

carriages on the subway.

44

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

PART III 108. Nothing in the following provisions of this Order, namely:—

-~cont- Section 62 (As to electrical works);

Scottish

Gas

Section 69 (Attachment of signs indicating stopping places to

Board. lamp-posts, etc.);

Section 73 (Cloakrooms, etc.); or

Paragraph 2 of Schedule 5 (as applied to the Corporation in

relation to the Corporation by section

91

(Protective

provisions, etc., applicable to the subway) of this

Order)

shall empower the Corporation to interfere with the mains pipes or

other apparatus of the Scottish Gas Board except with the consent

of the said Board, which consent shall not be unreasonably withheld,

and any question as to whether any such consent has been unreasonably

withheld shall be referred to and determined by an arbiter to be

mutually agreed upon between the Corporation and the said Board

or failing agreement to be appointed on the application of either party

(after notice in writing to the other of them) by the President of the

Institution of Civil Engineers.

PART IV

MARKETS AND SLAUGHTERHOUSES

A.

Definitions and incorporation

of Act

Definitions for 109. In this Part of this Order unless the subject or context otherwise

Part

IV

of requires—

^r" ,. " Act of 1847 " means the Markets and Fairs Clauses Act, 1847;

1847 c. 14.

1954

c

42.

" Act °f 1^54 " means the Slaughterhouses Act, 1954;

" animal" means cattle, sheep, goats, swine and horses, and

" horses " includes asses and mules;

" bazaar " means the bazaar or market now situate in Candleriggs,

Ingram Street, Bell Street and Albion Street in the city for

the sale of fruits, vegetables and flowers;

" cattle " includes sheep, goats and swine the flesh of which is

intended for human consumption;

" the cheese market" means the market now situate in Albion

Street and Walls Street in the city for the sale of cheese;

"horse market" and "live cattle market" mean respectively

the horse market and the live cattle market of the Corporation

forming part of the markets undertaking;

" markets " means the markets of the Corporation and includes

the bazaar and the cheese market;

" markets undertaking" mean all lands, buildings, vehicles,

apparatus, appliances, machinery and plant held by the

Corporation and used or to be used for the purposes of

markets and slaughterhouses and all servitudes, rights,

powers and privileges connected therewith;

" slaughterhouses" means the slaughterhouses of the Corporation;

" tolls " includes rents, rates and other charges.

Glasgow Corporation

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xliii 45

Transport and Markets) Order Confirmation Act 1964

110.—(1) The Act of 1847 so far as applicable for the purposes of PART IV

and not varied by or inconsistent with this Part of this Order is hereby —cont.

incorporated with and forms part of this Order. Incorporation

(2) For the purposes of the said Act this Order shall be deemed to

SS^**

be " the special Act" and the Corporation shall be deemed to be " the Act.

promoters of the undertaking " or " the undertakers" within the

meaning of the said Act.

B.

Vesting,

maintenance

and

improvement,

etc., of

markets

and

slaughterhouses

111.—(1) The markets undertaking as it exists and as it is used by

Vesting,

etc.,

and vested in the Corporation at the commencement of

this

Order shall of markets

be and continue to be vested in the Corporation and be held and used

undertakins-

by them.

(2) The Corporation may establish, alter or regulate markets and

fix market places and all powers with respect to markets vested in the

Corporation at the commencement of this Order, whether under

royal charter or otherwise, shall continue in full force and effect.

112.

Subject to the provisions of this Order the Corporation shall Powers

without prejudice to the generality of the provisions of the

last

^jS1118

preceding section have and may exercise the following powers in

relation to markets, namely:—

(1) they may maintain all markets held or to be held in the

city or may discontinue such markets or any of them and may

regulate such markets in such manner as they think fit;

(2) they may hold such markets for the sale of such animals,

poultry, fish, goods and other wares as they think fit;

(3) they may on any lands for the time being belonging to them or

under their control erect, provide and maintain in connection

with any market such rooms, buildings, erections, works,

machinery, appliances and conveniences as they think fit;

(4) they may alter, enlarge, improve, reconstruct, replace and

renew any market together with any buildings, erections,

works, machinery, appliances and conveniences provided in

connection therewith;

(5) they may, by agreement, purchase, take on lease or otherwise

acquire and hold any lands or buildings or any servitude in

or over lands for any purposes in connection with the markets

and may, on such terms as they may deem proper, appropriate

and use for any such purposes any lands or buildings for the

time being belonging to them.

113.

The existing slaughterhouses shall be deemed to be a public Operation of

slaughterhouse provided by the Corporation as local authority under slaughterhouses.

the Act of 1954 and the provisions of the Act of 1954 shall, subject to

the provisions of this Order, extend and apply with respect thereto in

the same manner as they extend and apply with respect to a slaughter-

house provided by a local authority in pursuance of the Act of 1954.

114.

The Corporation may, as part of the markets undertaking, Maintenance

of

maintain and carry on the existing triperies in the slaughterhouses, triperies.

46

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

PART IV

—cont.

Corporation

to have

management

of markets and

slaughterhouses.

Corporation

may lease

markets, etc.

115.

The Corporation shall have the sole management and regulation

of the markets and slaughterhouses erected and established or to be

erected and established or maintained under this Order or the repealed

Acts or the Act of 1954, and the sole power of regulating the extent

of the accommodation to be allotted to the persons who use the same,

and the time and manner of occupying and using the same, and shall

have and may exercise every right of property in and over the same.

116.—(1) The Corporation may, on such terms and conditions as

they think fit, from time to time grant leases for any period not

exceeding seven years of any of the markets or of the slaughterhouses

and of the stalls, standing places, benches, and other conveniences

therein, and the shops and other premises connected therewith, and

of the tolls authorised to be taken and levied therein, or any part

thereof.

(2) In the event of any of the markets or of the slaughterhouses

or the said tolls or any part thereof being so leased the tenants or

lessees thereof shall, to the extent agreed upon by the Corporation,

have the same powers and be under the same obligations as to levying,

collecting and recovering such tolls as are for the time being possessed

by the Corporation.

Power to

make

117. in addition to the purposes for which byelaws may be made

byelaws as

to under the provisions of the Act of 1847, the Corporation may make

mar

e

s.

byelaws for all or any of the following purposes, that is to say:—

(a) for providing for the due order, management, and regulation

of the markets and for directing the time and manner of

occupying and using the same, and for regulating the conduct

of the persons resorting thereto or carrying on business or

employed therein;

(b) for providing for the lighting and cleansing of the markets;

(c) for providing for the exclusion from the markets or the

separation from the other animals, of any diseased animals;

and

(d) for regulating the conduct of the officers and servants of the

Corporation employed at or in connection with the markets.

Power to make

byelaws as to 118.—(1) In addition to the purposes for which byelaws may be

si hterhouses raac*e un(*er tne provisions of the Act of 1954, the Corporation may

aug ' make byelaws for all or any of

the

following purposes, that

is

to say:—

(a) for regulating the cleansing and dressing of the entrails of

animals, and offal of all

kinds,

and the places for such cleansing

and dressing;

(b) for the regulation and control of the searchers of

tallow;

and

(c) for regulating the carriers to and from the slaughterhouses,

and the time and manner of conveyance of butchers' meat

from the slaughterhouses to the places where the same may be

exposed for sale, and fixing the tolls for all articles carried

therefrom.

(2) If and so far as a byelaw made under this section is inconsistent

with any regulation relating to slaughterhouses or the slaughter of

animals therein made in pursuance of any enactment the latter shall

prevail.

Glasgow Corporation

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xliii 47

Transport and Markets) Order Confirmation Act 1964

119—(1) The Corporation may permit the horse market and the PART IV

live cattle market to be used for the accommodation of dealers and —cont.

traders and for the sale or exhibition of vehicles, agricultural imple- Certain

ments, farming, dairy and other utensils and of any other goods and markets

may be

articles on such terms and conditions and may make such charges for used by traders

such use as the Corporation think reasonable. and foJsa^',

etc.,

of vehicles,

(2) Section 13 (Sales elsewhere than in markets prohibited under

aimplements>

etc'

penalty not exceeding forty shillings) of

the

Act of

1847

and section 122

(Sales elsewhere than in markets) of this Order shall not apply to the

exercise of the powers conferred by this section.

120.

The Corporation may permit any market, when not required

Use

of

markets

for market purposes, to be used, either gratuitously or for payment,for other

for public meetings, civic functions, concerts, entertainments,

carnivals,

P"1?0865-

exhibitions or recreation or such other purposes as the Corporation

may sanction from time to time.

C. Market

tolls,

etc.

121.—(1) The Corporation may from time to time demand and Power to

take such tolls as they may fix from any person— charge for

market stands,

(a) bringing any cattle into the live cattle market for each time etc.

that such cattle shall be exposed for sale;

(b) bringing any horse into the horse market for each time that

such horse shall be exposed for sale;

(c) using the dead meat market in respect of (i) meat brought

into the market and (ii) the accommodation for the sale

thereof;

(d) purchasing and removing tallow taken from

animals

slaughtered

within the slaughterhouses in respect of the searching and

weighing of such tallow;

(e) using the triperies carried on by them in the slaughterhouses;

(/) using the markets in respect of (i) fish brought into the same

and (ii) the accommodation for the sale

thereof;

(g) bringing any raw hide of any animal into the markets for sale

and exposing any raw hide for sale therein;

(h) using the bazaar and the cheese market in respect of

(i)

fruit,

flowers and vegetables and cheese brought into the bazaar

and the cheese market respectively and (ii) the accommoda-

tion for the sale

thereof;

and

(i) making use of any facilities or services provided by the

Corporation in connection with any of the markets.

(2) Before fixing any such tolls the Corporation shall consult with

such persons or organisations as appear to them to be representative

of interests substantially affected by such tolls.

(3) Notwithstanding the repeal of

the

repealed Acts the Corporation

may continue to demand and take in respect of each of the several

matters referred to in subsection (1) of this section the tolls in respect

of such matters respectively authorised by or under the provisions

48

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

PART IV of the repealed Acts until they have fixed, pursuant to subsection (1)

—cont. of this section, the tolls to be demanded and taken in respect of the

matters specified therein corresponding respectively with the matters

referred to in the said subsection (1).

Sales elsewhere

122.—(1) Notwithstanding anything in section 13 (Sales elsewhere

than

in

fo^

jn

markets prohibited under a penalty not exceeding forty shillings)

markets. Qf ^ ^ Q^ jg^ ^ Corporation may from time to time, subject to

such conditions as they may think fit, authorise any person to sell in

any place within the city, other than the markets or the dwelling-place

or shop of any such person, any articles in respect of which tolls are

authorised by this Part of

this

Order to be taken in the markets.

(2) Any person so authorised shall, not less than twenty-four hours

before the time fixed for any public sale, give notice in writing to the

Corporation or their collector or other authorised officer of the

Corporation of the time and place fixed for each such public sale and

give free access at all time to the said collector or such other officer

to such public sale and such person shall make payment to the

Corporation, in respect of the articles exposed by him for public or

private sale, of such tolls as may from time to time be fixed by the

Corporation not exceeding the tolls which are exigible for articles of

a

like nature exposed for sale in the markets and shall afford the said

collector or such other officer every requisite facility for making the

collection of such tolls.

(3) If any such person fails to give notice as aforesaid or refuses

access to the said collector or to such other officer to such public

sale or wilfully evades or refuses to make payment of the said tolls he

shall, in addition to payment of the said tolls be guilty of an offence

and shall be liable on summary conviction to a penalty not exceeding

ten pounds.

(4) Such tolls shall be charged equally to all persons under like

circumstances.

(5) For the purposes of this section " articles" includes animals,

poultry, fish, goods and other wares.

Tolls not to be 123. Nothing in this Part of this Order shall entitle the Corporation

charged at ^ t0 charge at any foreign animals' wharf within the prescribed limits

whar^samm (as described in section 61 of the Diseases of Animals Act, 1950) any

tolls authorised by this Order in respect of animals except the tolls

which they may from time to time be entitled to take under the said

Act of 1950 or any byelaws made thereunder.

1950

c.

36.

D.

Financial provisions

Application of 124. Any money for land or property forming part of the markets

money

received undertaking sold, or any money otherwise of the nature of capital

[andmetc received, by the Corporation under this Part of this Order shall be

' ' applied by them in paying off money borrowed by them in respect of

the markets undertaking.

Glasgow Corporation

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xliii 49

Transport and Markets) Order Confirmation Act 1964

125.

The Corporation shall keep separate accounts of their receipts PART IV

and expenditure in respect of— —cont.

(a) the markets (other than the bazaar and the cheese market)

SeParate

.

and the slaughterhouses; and

resrjecurf111

(b) the bazaar and the cheese market; markets to be

kept.

and the provisions of Part II—Accounts—of the Glasgow Corporation

Act, 1909, and of any other enactment relating to the accounts of the

1909

c.

cxxxvii.

Corporation shall continue to extend and apply with respect to such

accounts.

126.

The Corporation shall charge the revenue accounts of the

As

to

bazaar and the cheese market kept by them in pursuance of the accounts

kePl

preceding section of this Order with their due proportion of general bazaar^d

management expenses of the Corporation and shall not apply any

cheese

market.

revenue or past accumulations of revenue derived from the other

markets of the Corporation or from the slaughterhouses for the

purpose of—

(a) making good any deficiency in the revenue of the bazaar or

the cheese market;

(b) paying off any sums borrowed or expended or to be borrowed

or expended in respect of

the

bazaar or the cheese market; nor

(c) paying any interest or instalment of sinking fund or other

charges upon any sums borrowed or expended or to be

borrowed or expended in respect of the bazaar or the cheese

market.

E. Miscellaneous

127.

The Corporation may, on such terms and conditions as they Power to

think fit, appoint properly qualified persons to act as searchers °f ^Xirs

of

tallow and such persons shall have and be entitled to exercise all the tauow-

powers heretofore vested in and exercised by any searcher of tallow

appointed in pursuance of the repealed Acts.

128.

Every person who sells or purchases tallow within the city Penalty for

taken from animals slaughtered within the slaughterhouses, without p^'haSng

having

such

tallow previously searched

by

a searcher of tallow appointed tanow without

or authorised by the Corporation shall be guilty of an offence and shall being searched.

be liable on summary conviction to a fine not exceeding twenty-five

pounds.

129.—(1) Any person who wilfully destroys, defaces or injures any *™^ for

part of the markets or of the slaughterhouses, or of any buildings, injUring

fences, stalls, or standings connected therewith, or any board therein markets or

on which any byelaws or tolls are painted or affixed, or causes any slaughter-

J J

houses,

etc

50

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

PART IV obstruction or any damage or injury in any of the markets or of the

—cont. slaughterhouses shall be guilty of an offence and shall be liable on

summary conviction to a line not exceeding ten pounds.

(2) Any person so convicted shall, in addition, pay such further

sum as the sheriff or magistrate may assess as the amount of the

damage done by him and the payment of such further sum shall be

enforced in the same way as if it were an additional penalty.

PART V

Existing

borrowing

powers

continued.

MISCELLANEOUS AND GENERAL

130.

All borrowing powers of the Corporation with respect to the

water undertaking, the transport undertaking and the markets under-

taking exercised before the commencement of this Order under or in

accordance with the provisions of the repealed Acts shall, notwith-

standing the repeal of the repealed Acts, continue to be in force as

fully and effectually as if the Act confirming this Order had not been

passed so however that all money so borrowed shall be repaid within

the period specified in the relevant provisions of

the

repealed Acts.

Borrowing for

purposes of

Order.

131.

Subject to the provisions of this Order the Corporation may

from time to time (in addition to any moneys they are now authorised

to borrow) borrow or raise—

(a) for the several purposes of this Order; and

(b) for paying the costs, charges and expenses of and incidental

to the preparing for, obtaining and confirming of this Order

or otherwise in relation thereto;

such money as may be necessary for those purposes respectively in

the same way and manner as if the said purposes were included among

the purposes mentioned in section 258 of the Act of 1947 and the

provisions of Part XII of the Act of 1947 shall extend and apply with

respect to the borrowing of money under this section:

Provided that in the application of section 259 of the Act of

1947

to

the borrowing of money to meet expenditure in respect of

the

transport

undertaking there shall be substituted for the reference to " tramways"

in the said section 259 a reference to the transport undertaking.

Application of

Loans Acts to

money

borrowed.

132.

The provisions of the Loans Acts shall apply to money

borrowed and to be borrowed by the Corporation under the repealed

Acts.

Saving for

control on

borrowing.

133.

It shall not be lawful to exercise the powers of borrowing

conferred by this Order other than the power of borrowing to pay tne

costs,

charges and expenses of this Order except in compliance wi»

Glasgow Corporation

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Transport and Markets) Order Confirmation Act 1964

any order for the time being in force under section

1

of the Borrowing PART V

(Control and Guarantees) Act, 1946, or of section 259 of the Act of —com.

1947- 1946

c.

58.

134.—(1) The Corporation may from time to time make reasonable Payments to

payments or contributions from the revenues of

the

water undertaking,

?haritaWe

the transport undertaking and the markets undertaking respectively instltutl0ns-

to and for the purposes of any hospital, infirmary, convalescent home,

nursing association or other charitable institution mainly supported

by voluntary contributions and may also from such revenues supple-

ment any contributions made to any such hospital, infirmary, home,

association or institution by their employees in such undertakings:

Provided that the expenditure so incurred together with any

payments made by the Corporation under section 339 of the Act of

1947 shall not exceed in any year the amount referred to in that

section.

(2) The powers conferred by this section shall be in addition to

and not in substitution for any existing powers of the Corporation

to make contributions to hospitals, infirmaries, convalescent homes,

nursing associations and other charitable institutions mainly supported

by voluntary contributions.

135.

The Corporation may acquire by agreement, whether by Acquisition

of

way of purchase, feu, lease or excambion, any land within or outwith ij^p0^ 0f

the city for the purposes of any of their functions under this Order for Order.

the acquisition of which powers are not otherwise available.

136.—(1) Any authorised oflacer of the Corporation shall on Power to enter

producing (if required) his authorisation have a right at all reasonable

Prermses-

hours to enter any premises—

(a) for the purpose of ascertaining whether there is or has been

on or in connection with the premises any contravention of the

provisions of this Order or of any byelaws made thereunder

or of any condition subject to which any consent, authority

or approval has been granted under this Order;

(b) for the purpose of ascertaining whether or not circumstances

exist which would authorise or require the Corporation to

take any action or execute any work under this Order or any

such byelaws;

(c) for the purpose of taking any action or executing any work

authorised or required by this Order or any such byelaws

or any order made or notice given under this Order to be

taken or executed by the Corporation; and

{d) generally for the purpose of the performance by the Corpora-

tion of their functions under this Order and any such byelaws:

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

Provided that admission to any premises not being a factory,

workshop or workplace shall not be demanded as of right unless

twenty-four hours' notice of the intended entry has been given to the

occupier.

(2) A magistrate on the application of the procurator fiscal may

grant warrant to any authorised officer to enter any premises, if need

be by force, on being satisfied—

(a) that admission to such premises has been refused or that

refusal is apprehended or that the premises are unoccupied

or the occupier is temporarily absent or that the case is one

of urgency or that an application for admission would defeat

the object of

the

entry; and

(b) that there is reasonable ground for entry into the premises

for any such purpose as aforesaid:

Provided that such a warrant shall not be granted unless the

magistrate is satisfied either that notice of the intention to apply for a

warrant has been given to the occupier or that the premises are

unoccupied or that the occupier is temporarily absent or that the

case is one of urgency or that the giving of such notice would defeat

the object of the entry.

(3) An authorised officer entering any premises by virtue of this

section or of a warrant issued thereunder may take with him such

other persons as may be necessary and on leaving any unoccupied

premises which he has entered by virtue of such a warrant shall leave

them as effectually secured against trespassers as he found them.

(4) If any person who in compliance with the provisions of this

section or with a warrant issued thereunder is admitted into any

premises makes use of or discloses to any person any information

obtained by him there with regard to any manufacturing process or

trade secret he shall unless such use or disclosure was made in the

performance of

his

duty be liable in respect of each offence—

(a) on summary conviction in the sheriff court to a fine not

exceeding fifty pounds or to imprisonment for a term not

exceeding three months or to both such fine and such

imprisonment;

(b) on conviction

on

indictment to a

fine

not exceeding

two

hundred

pounds or to imprisonment for a term not exceeding six

months or to both such fine and such imprisonment.

(5) Every warrant granted under this section shall continue in force

for a period of one month or until the purpose for which the entry is

necessary has been satisfied whichever is the shorter.

(6) Every person who wilfully obstructs any person in the exercise

of any powers conferred on him by this section shall be guilty of an

Glasgow Corporation Consolidation (Water,

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Transport and Markets) Order Confirmation Act 1964 53

offence and shall be liable on summary conviction to a fine not PART V

exceeding ten pounds. —cont.

(7) Nothing contained in this section shall empower any authorised

officer of the Corporation to enter any premises used only for the

purposes of a private dwelling.

(8) Nothing in this section shall derogate from any powers of

entering premises contained in any other enactment.

137.

The sections hereinafter specified of the Glasgow Corporation Application

of

Consolidation (General Powers) Order, 1960, shall so far as the same certain sections

are not varied by or inconsistent with the provisions of this Order,

9?

Glas8ow

extend and apply mutatis mutandis in reference to the provisions of consotidation

this Order as fully and effectually as if those sections had been (General

re-enacted in this Order, that is to say:—

Powers)

Order,

1960.

Section 189 (Form, mode of service, etc., of notices);

Section 192 (Power to magistrate to grant warrants);

Section 194 (Breach of conditions of consent);

Section 196 (As to penalties and recovery thereof);

Section 197 (Interpretation of " provide ");

Section 198 (Powers of Order to be cumulative).

138.

In arbitrations under this Order the reference shall, except Arbitration.

where otherwise expressly provided, be to a single arbiter to be

appointed by agreement between the parties or, in default of agreement,

by the Sheriff of Lanarkshire (exclusive of his substitutes) on the

application of either party.

139.

As respects byelaws made under the powers of the sections of Confirming

this Order of which the marginal notes are respectively set out in the authority for

first column of Schedule 7 to this Order the confirming authority for byeli»ws.

the purposes of section 301 (Procedure, etc., for making byelaws) of

the Act of 1947 shall be the authority designated in the second column

of the said schedule opposite such sections respectively:

Provided that as respects byelaws made by the Corporation under

section 56 (Byelaws by Corporation as to trolley vehicles, etc.) of this

Order the expression " the

sheriff"

where used in the said schedule

means the sheriff of Lanarkshire but does not include his substitutes.

140.

Any person who contravenes any byelaw made under this penalty for

Order shall be guilty of an offence and shall be liable on summary breach

of

conviction to a fine not exceeding (unless otherwise expressly provided) byelaws.

ten pounds.

54

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

PART V 141. A printed copy or sufficient abstract of any byelaws made

—cont. under any provision of the city Acts and which relate to any lands or

Display of premises belonging to, or under the control of, the Corporation shall,

byelaws. as far as it is practicable to do so, be exhibited by the Corporation in

conspicuous parts of the lands or premises to which the same relate.

Repeal of

Acts.

142. Subject to the provisions of this Order the Acts and Orders

specified in Schedule

8

to this Order are (so far as not already repealed)

hereby repealed to the extent mentioned in the third column of that

schedule and on and after the commencement of this Order all

references to the repealed Acts or any of them in any Acts and Orders

shall be read and have effect as if this Order, or this Order as amended

by any subsequent Act or Order, were mentioned therein instead of

the repealed Acts or any of them.

General saving

from effect

of

repeal.

143.

Subject to the provisions of this Order and notwithstanding

the repeal of the repealed Acts—

(1) all existing agreements made by the Corporation or their

predecessors, being agreements made under or confirmed by

any of the repealed Acts, shall, so far as subsisting and in

force at the commencement of this Order, be and continue

valid and available for all purposes and for and against all

parties

as

if the Act confirming

this

Order had not been passed;

(2) all property vested in the Corporation at the commencement

of this Order shall continue vested in the Corporation to the

same effect and extent, and all acts, works, matters and things

done or commenced under the powers of the repealed Acts

or any of them, which were at the commencement of this

Order valid and available or in progress, and all existing

notices, notices to treat, agreements, awards, conveyances,

contracts, titles, covenants, deeds, instruments, feus, leases,

wayleaves, obligations, rights and remedies shall be and

continue valid and available for all purposes and for and

against all parties and may be continued, enforced and com-

pleted, as if the Act confirming this Order had not been

passed;

(3) all actions, arbitrations, submissions, prosecutions, and

proceedings by, with or against the Corporation by reason

of any matters or things done before the commencement of

this Order in execution of or in relation to any of

the

repealed

Acts may be continued, commenced or prosecuted by, with

or against the Corporation as if the Act confirming this

Order had not been passed;

(4) all existing byelaws, rules, regulations, orders, consents,

sanctions, permissions and approvals and things done in

execution of, or in relation to, or granted in pursuance of, the

repealed Acts shall continue in force until repealed, altered

or revoked under the provisions of this Order or otherwise

Glasgow Corporation

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xliii

Transport and Markets) Order Confirmation Act 1964 55

or until their expiration and may be enforced in like manner PART V

and with the same penalties as if made for like purposes —cont.

respectively under the provisions of this Order;

(5) all charges and other sums at the commencement of this

Order due to the Corporation under or in respect of any

of the repealed Acts may be collected and recovered by the

Corporation as if the Act confirming this Order had not

been passed;

(6) all books, registers, deeds, plans, documents and writings

which, under any of the repealed Acts or otherwise, would

have been receivable in evidence shall be admitted in evidence

in all courts and proceedings as if the Act confirming this

Order had not been passed.

144.

In this Order the expression " under this Order" and any References to

other expression describing any matter or thing by reference to this KS™8^^

Order, or to any provision of this Order, shall be construed as including totoclude'116'^

a reference to the repealed Acts, or to the corresponding provisions references to

of the repealed Acts, and any reference to byelaws made under any corresponding

of the provisions of this Order shall be construed as including aProvi|^n|of

reference to any byelaws made under the corresponding provisions rcpea^ cts"

of the repealed Acts and in force for the time being.

145.

The following provisions for the protection of the British For protection

Railways Board and the British Waterways Board (each of which is °f

British

hereinafter in this section called for their respective interests " the BritiTh^

Board") shall unless otherwise agreed in writing between the waterways

Corporation and the Board apply and have effect, that is to say:—

Boards

in

relation to

(1) In this section the expression " the railway and works " means existing

works.

any railway, tramway or canal of the Board and all sidings,

stations, depots, roads, bridges, bridge approaches, tunnels,

electric or telephonic apparatus and other works and con-

veniences connected therewith or any property or buildings

of the Board;

(2) The Corporation shall make full compensation to the Board

for all loss or damage which the Board may incur caused by

the alteration, renewal, repair or maintenance of (or failure

to maintain) any waterworks constructed by the Corporation

under the powers of the repealed Acts in, over or under any

operational land of the Board or any apparatus in, over or

under any operational land of the Board forming part of the

trolley vehicle undertaking and existing before the commence-

ment of this Order or by any interruption, impediment or

interference to or with the railway and works consequent on

the alteration, renewal, repair or maintenance of (or failure

to maintain) any such waterworks or apparatus and the

Corporation shall also free and relieve the Board of and

from all claims, damages or compensation which may be

made against or recovered from the Board arising out of or

56

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

pART

v in consequence of the alteration, renewal, repair or main-

—cont. tenance thereof or failure to maintain the same so far as such

may have been occasioned by the act or default of the

Corporation or those for whom they are responsible;

(3) If any difference arises between the Corporation and the

Board with respect to any of the matters referred to in this

section such difference shall be referred to and determined

by arbitration:

Provided that the award or decision of the arbiter shall not

relieve the Corporation of their liability to make compensation

to the Board for loss or damage or to relieve them from claims

as provided in this section.

146.—(1) Nothing in this Order shall authorise the Corporation

(except in case of emergency) to execute any works which they are

authorised to execute under this Order in, under, over, across, along

or upon any operational land of the British Railways Board or the

British Waterways Board without the consent of the British Railways

Board or the British Waterways Board as the case may be.

(2) (a) A consent required under the preceding subsection shall not

be unreasonably withheld, and any consent granted may be granted

subject to such reasonable conditions as may

be

prescribed by the Board

concerned.

(b) Any dispute as to—

(i) whether a consent required under the preceding subsection

has been unreasonably withheld; or

(ii) the reasonableness of any conditions subject to which a

consent under the preceding subsection has been granted;

shall be settled by arbitration.

Crown rights. 147. Nothing in this Order shall affect prejudicially any estate,

right, power, privilege or exemption of the Crown or shall subject to

the provisions of this Order any lands, buildings or works vested in

or occupied by the Crown or any department of Her Majesty's

Government except to such extent as Her Majesty or such department

may voluntarily agree and, in particular, nothing herein contained

shall authorise the Corporation to take, use or in any manner interfere

with any portion of

the

shore or bed of

the

sea or of any river, channel,

creek, bay or estuary or any land, heritages, subjects or rights of

whatsoever description belonging to Her Majesty in right of Her Crown

and under the management of

the

Crown Estate Commissioners without

the consent in writing of

those

commissioners on behalf of Her Majesty

first had and obtained for that purpose.

For protection

of British

Railways and

British

Waterways

Boards in

relation to the

execution of

works under

Order.

Glasgow Corporation Consolidation

(Water,

CH.

xliii 57

Transport and Markets) Order Confirmation Act 1964

148.

The provisions of the Town and Country Planning (Scotland) PART V

Acts,

1947 to 1953, and any restrictions or powers thereby imposed —cont.

or conferred in relation to land shall apply and may be exercised in

Saving

for

relation to any land notwithstanding that the development thereof is

town

and

or may be authorised or regulated by or under this Order. country

J ° planning.

149.

The costs, charges and expenses of and incidental to the CoSts 0f

Order.

preparing for, obtaining and confirming of this Order or otherwise

in relation thereto shall be paid by the Corporation and shall be

allocated among the several undertakings and services of the

Corporation in such proportions as the Corporation may deem

expedient.

58

CH.

xliii Glasgow Corporation Consolidation {Water,

Transport and Markets) Order Confirmation Act 1964

SCHEDULES

Section 19.

Definitions.

Limitation on

construction of

additional

aqueducts in

West Main

Tunnel.

Power to pump

and remove

water.

1951

c. 66.

Subsidiary

works affecting

river Clyde.

Restrictions as

to landing

place.

SCHEDULE 1

PROVISIONS RELATING TO WEST MAIN TUNNEL WORKS

1.

In this schedule, unless the subject or context otherwise requires—

" high-water mark " means the level of mean high-water springs;

" Minister " means the Minister of Transport;

" Trustees" means the Trustees of

the

Clyde Navigation;

" West Main Tunnel Order " means the Glasgow Water (West

Main Tunnel) Order, 1953.

2.

Notwithstanding anything in the foregoing Order or in the

Water Acts, not more than one additional aqueduct conduit or line

of pipes shall be constructed by the Corporation along the line of the

aqueduct Work No. 1, forming part of the West Main Tunnel Works,

unless otherwise agreed between them and the Trustees.

3.

Subject to the provisions of this schedule the Corporation may

pump any water found by them in the maintenance of the West Main

Tunnel Works and may use, for the discharge of any such water,

the river Clyde or any available stream or watercourse or any sewer

or drain and for that purpose may, within the limits of deviation

shown on the plans deposited with reference to the West Main Tunnel

Order, lay down take up and alter conduits, pipes and other works

and make any convenient connections with any such stream, water-

course, sewer or drain:

Provided that the Corporation shall not discharge water into the

river Clyde without the approval of the Trustees and then only at

such times as the Trustees may approve and in a manner approved

by them, as not likely to injure the quays, walls, or embankments of

the river Clyde or interfere with traffic thereon:

Provided further that nothing in this paragraph or in paragraph 6

of this schedule shall be in derogation of the provisions of the Rivers

(Prevention of Pollution) (Scotland) Act, 1951.

4.

Subject to the provisions of this Schedule the Corporation may

in connection with the maintenance of the drains, conduits or lines

of pipes, being Works Nos. 4 and 5 forming part of the West Main

Tunnel Works, construct, place and maintain in the river Clyde and

on the quays, banks, bed and foreshore thereof all such temporary

piles,

fenders, booms, dolphins, pontoons, caissons, stagings, coffer

dams,

embankments, piers, abutments, wharves, walls, fences, drains,

stairs,

buildings and other works and conveniences as may be necessary

or expedient.

5.

The Corporation shall not use or permit any of their works in

connection with Works Nos. 2, 4 and 5 forming part of the West

Main Tunnel Works to be used as a landing or loading place for

goods or passengers conveyed or intended to be conveyed in any

vessel

Glasgow Corporation Consolidation (Water,

CH.

xliii 59

Transport and Markets) Order Confirmation Act 1964

6.—(1)

Any works constructed by the Corporation in exercise of Sen. 1

their powers under the foregoing Order and paragraphs 3 and 4 of — cont.

this schedule shall only be constructed so far as the same shall be on

Works below

or under tidal waters or tidal lands below high-water mark, in accor- high-water

dance with plans and sections approved by the Minister and subject m^k t0

**

to such conditions and restrictions as the Minister may prescribe app^vafof

before the said works or any of them are begun. Material excavated Minister.

by the Corporation from the bed or foreshore of the river Clyde in

the construction of the said works shall not be deposited below high-

water mark except in such position and subject to such conditions and

restrictions as the Minister may prescribe.

(2) Any alteration or extension of any such works shall be subject

to the like approval.

(3) If any such works are commenced or completed contrary to the

provisions of this paragraph the Minister may abate and remove the

same and restore the site thereof to its former condition at the cost of

the Corporation and the amount of such cost shall be a debt due

from the Corporation to the Crown and shall be recoverable as a

civil debt.

7.—(1) The Corporation shall at or near any part of the West Lights on

Main Tunnel Works below high-water mark, during the whole time works during

of the alteration or extension of the same, and in the case of the c01181™011011-

construction of any works under paragraphs 3 and 4 of this schedule,

exhibit and keep burning every night, from sunset to sunrise, such

lights (if any) and take such other steps for the prevention of danger

to navigation as the Minister shall, after consultation with the Trustees,

from time to time require or approve.

(2) If the Corporation fail to comply in any respect with any of

the provisions of this section they shall be guilty of an offence against

the Act of 1946.

8. If at any time the Minister deems it expedient to order a survey Survey of

and examination of any part of the West Main Tunnel Works or any w°r^tgry

works constructed under the provisions of paragraph 3 or 4 of this

schedule which is on or under tidal waters or tidal lands below high-

water mark or, in the case of the construction of any works under

paragraphs

3

and

4

of this schedule, of the

site

upon which it

is

proposed

to construct any part of any of such works, the Corporation shall

defray the expense of the survey and examination and the amount

thereof shall be a debt due from the Corporation to the Crown and

shall be recoverable as a civil debt.

9.—(1)

Where any part of the West Main Tunnel Works or any

J2ement

of

works constructed under the provisions of paragraph

3

of this schedule abandoned 0r

situated wholly or partially on or under the shore or bed of the sea or of

decayed.

any creek, bay, arm of the sea or navigable river communicating there-

with below high-water mark is abandoned or suffered to fall into decay,

the Minister or the Trustees may, by notice in writing, either require

the Corporation at their own expense to repair and restore such part

of such works as is situated below high-water mark or any portion

thereof or require them to abate or remove the same and restore the

site thereof to its former condition, to such an extent and within such

limits as the Minister or the Trustees may think proper:

60

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

SCH.

1 Provided that if there be any conflict between a requirement of the

—cont. Minister and a requirement of the Trustees under this section the

requirement of the Minister shall prevail.

(2) Where any part of any of the said works which has been

abandoned or suffered to fall into decay is situated above high-water

mark and is in such condition as to interfere or to cause reasonable

apprehension that the same may interfere with the right of navigation

or other public rights over the foreshore, the Minister or the Trustees

may include any such part of such works or any portion thereof in

any notice under this section.

(3) If, during the period of thirty days from the date when the

notice is served upon the Corporation, they have failed to comply

with such notice the Minister or the Trustees may execute the work

required to be done by the notice at the expense of the Corporation

and

the

amount of

such expense

shall be a debt

due

from

the

Corporation

to the Crown or the Trustees respectively and in the former case shall

be recoverable as a civil debt.

10.

In the case of injury to or destruction or decay of any part of

the West Main Tunnel Works or of any part of

the

works constructed

under the provisions of paragraph 3 or 4 of this schedule which is

constructed on or under any tidal waters or tidal lands below high-

water mark the Corporation shall lay down such buoys, exhibit such

lights or take such other means for preventing, so far as may be,

danger to navigation as shall from time to time be directed by the

Trustees and shall apply to the Trustees for directions as to the means

to be taken as aforesaid.

Restriction on 11.—(1) Notwithstanding anything contained

in the Clyde

Navigation

C0nltnh°ti0n

°f Acts'185810 1960'tlie Trustees snall>

bef°re

carrying out, in pursuance

Clyde °^ powers vested in them under the said Acts, any works (other

Navigation tnan works of dredging necessary for maintaining a depth of water

Trustees. in the river Clyde of not more than 50 feet below the level of low

water at ordinary spring tides, which level is 6.27 feet below Ordnance

Datum Liverpool) within the limits of deviation shown on the plans

deposited with reference to the West Main Tunnel Order submit to

the Corporation plans, sections, specifications and such other par-

ticulars of the proposed works as may be reasonably required by the

Corporation and shall carry out such works only in accordance with

plans,

sections and specifications reasonably approved by the

Corporation and in such manner as may be agreed between the

Corporation and the Trustees:

Provided that if, within six weeks from the receipt of such plans,

sections and specifications, the Corporation do not signify to the

Trustees their disapproval thereof and their requirements in relation

thereto, the Corporation shall be deemed to have approved

thereof.

(2) If, in any case, any difference arises between the Corporation

and the Trustees with respect to the approval of any plans, sections

and specifications submitted to the Corporation for approval in

accordance with the foregoing provisions of this paragraph or to the

manner in which any works are to be carried out, such difference shall

be determined by arbitration in accordance with the provisions of

sub-paragraph (12) of the immediately succeeding paragraph of this

schedule, the arbiter being specially empowered (a) to take into

Provision

against danger

to navigation.

Glasgow Corporation Consolidation (Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964 61

consideration, on the one hand, the safety of the tunnel Work No. 2

SCH.

1

forming part of the West Main Tunnel Works and, on the other hand, —cont.

the desirability of maintaining and improving at reasonable cost the

navigation and other facilities of the Port of Glasgow and

(b)

to find

that any additional cost to the Trustees of carrying out any works,

which may be attributable to the requirements of the Corporation or

to the decision of

the

arbiter, or a specified part of any such additional

cost, shall be repayable by the Corporation.

12.

For the protection of the Trustees, the following provisions shall, For protection

notwithstanding anything contained in the foregoing Order or in this of qyde

schedule or shown on the plans and sections deposited with reference Navigation

to the West Main Tunnel Order (unless otherwise agreed upon inTrustees-

writing between the Corporation and the Trustees) apply and have

effect:—

(1) The Corporation shall indemnify and free and relieve the

Trustees of any claims arising in respect of any damage or

injury to the West Main Tunnel Works, so far as constructed

on or through the lands of the Trustees, or on or under or

over any tidal waters or tidal lands below high-water mark

(which works so far as aforesaid are in this section referred

to as " the works ") or to things in the tunnel Work No. 2

forming part of the West Main Tunnel Works (in this

paragraph referred to as " the tunnel") or any persons

employed on or in connection with the works caused by or

attributable to—

(a) the dredging and deepening (including any necessary

breaking up of rock or other hard material) of the part

of the bed and foreshore of the river Clyde (as referred to

in the immediately preceding paragraph of this schedule)

within the limits of deviation shown on the plans deposited

with reference to the West Main Tunnel Order (in this

paragraph called " the specified part of the bed of the

river ") to the extent necessary to maintain a depth of

water of not more than 50 feet below the level of low

water at ordinary spring tides which level is 6.27 feet

below Ordnance Datum Liverpool;

(b) the dredging and deepening (including any necessary

breaking up of rock or other hard material or the removal

of any obstruction including sunken vessels) to any depth

of any part of the bed or foreshore of the river Clyde

other than the specified part of the bed of the river;

(c) the removal, in the course of carrying out dredging,

and deepening, to the depth specified in paragraph (a)

of this sub-paragraph, of any boulder, block of stone or

rock or obstruction or the removal of sunken vessels in

the specified part of the bed of the river which may be

partly above and partly below that depth:

Provided that in the event of the Trustees—

(i) in the course of dredging and deepening the bed and

foreshore of the river

Clyde,

encountering any boulder, block

of stone or rock or obstruction, the removal of which

would,

or might cause injury to the works; or

xliii Glasgow Corporation

Consolidation

(Hater,

Transport and Markets) Order Confirmation Act 1964

(ii) being under the necessity of removing a sunken

vessel, where such removal would or might cause injury

to the works;

they shall notify the Corporation before proceeding with the

removal thereof and shall consult with them as to the method

to be adopted for the removal thereof and in the event of

any difference arising as to the method to be adopted, such

difference shall be referred to arbitration and the arbiter

shall take into consideration, on the one hand the safety of

the works, and on the other hand, the necessity of keeping

open the navigational and other facilities of the Port of

Glasgow, and any additional cost to the Trustees in dredging

and deepening or removing sunken vessels due to the adoption

of such method of removal as may have been required by the

Corporation or determined by the arbiter as aforesaid, or

such specified part of any such additional cost as the arbiter

may determine, shall be repayable by the Corporation; and

in addition the Corporation shall make good to the Trustees

any loss of revenue sustained by them and shall indemnify

and free and relieve the Trustees of any claim or claims

which may be made against them in consequence of the

interruption of such navigational and other facilities of the

said port due to the adoption of such method of removal

as may have been required by the Corporation or determined

by the arbiter as aforesaid:

(2) (a) The Corporation shall not (except to the extent shown on

the plans and sections deposited with reference to the West

Main Tunnel Order relative to Work No. 4 forming part

of the West Main Tunnel Works) construct any permanent

shafts,

openings or other works of any description whatsoever

on the bed or foreshore of the river Clyde;

(b) The height of the building or superstructure Work No. 3

forming part of the West Main Tunnel Works above the

existing level of the ground at the site thereof shall not be

increased so as to exceed 10 feet, as regards the building,

or 30 feet, as regards an air or ventilating pipe connected

thereto, and the area to be occupied by the said building or

superstructure shall not be increased so as to exceed 50 square

yards:

(3) Nothing in the foregoing Order or in this schedule shall

authorise or empower the Corporation without the previous

consent of the Trustees to embank, encroach upon or inter-

fere with any part of the bed and foreshore or banks of the

river Clyde except as is expressly authorised by the foregoing

Order or:by this schedule:

(4) The Corporation shall allow the engineer of the Trustees and

his authorised representatives to inspect and survey all or

any works executed by the Corporation under the powers of

the foregoing Order or this schedule on over or through the

lands of the Trustees or in or under the bed and foreshore

or banks of or adjoining the river Clyde while in course of

Glasgow Corporation Consolidation (Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964

construction and shall give all reasonable facilities for so

doing and shall pay to the Trustees all reasonable expenses

incurred in connection therewith:

(5) Except with the prior approval of the Trustees the Corporation

shall not deposit any material on the bed or foreshore of the

river Clyde and all material excavated by the Corporation

from the bed or foreshore of the said river in the construction

of the works shall be removed by and at the expense of the

Corporation and shall not be allowed to fall into or to be

washed into the said river:

(6) All the works and operations of the Corporation shall be

executed and performed so as in no way to obstruct or

interfere with the free uninterrupted and safe navigation of

the river Clyde or with the traffic thereon or with the due

exercise and performance by the Trustees of their statutory

powers and duties and if any such obstruction or inter-

ference shall be caused or take place the Corporation shall

pay to the Trustees, if injuriously affected thereby, or to the

owner of any vessel or other person injuriously affected

thereby, compensation in respect thereof and shall indemnify

free and relieve the Trustees of all claims arising as a result

of the works and operations of the Corporation:

(7) The Corporation shall, upon reasonable notice in writing

from the Trustees so to do, remove any temporary works and

materials for temporary works which may have been placed

on the lands of the Trustees or in the river Clyde or on the

quays,

banks, bed or foreshore thereof by the Corporation

and are no longer in use and if the Corporation fail so to do

the Trustees may remove the same and charge the Corporation

with the expense of so doing and the Corporation shall

forthwith repay to the Trustees the expense so incurred:

(8) All responsibility in connection with the works and all or any

works (both temporary and permanent) connected therewith

(whether of construction or maintenance) and for loss and

damage occasioned thereby shall be and remain with the

Corporation and the Trustees shall not be liable for any

damage or injury to the works or any of such works as

aforesaid resulting from any of the operations of the Trustees

in the exercise of their statutory powers or from the use of

the river Clyde for navigation of vessels or from vessels

sunk in the said river or from sunken vessels being lifted,

destroyed or otherwise dealt with in the said river in the

manner provided in sub-paragraph (1) of this paragraph:

Provided that nothing in this paragraph shall exonerate

the Trustees from liability to the Corporation for any such

damage or injury as may be caused by negligence on the

part of

the

Trustees, their officers, servants, agents or contrac-

tors nor for damage or injury arising from dredging and

deepening (otherwise than in connection with breaking up

of hard material or lifting, destroying or otherwise dealing

in

the manner

provided in sub-paragraph

(1)

of

this

paragraph

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

with any vessels sunk in the said river) the specified part of

the bed of the river to a greater depth than that specified or

referred to in sub-paragraph (1) (a) or permitted under

sub-paragraph (1) (c) of this paragraph:

(9) The Corporation shall indemnify and free and relieve the

owners and masters of vessels of any claim arising in respect

of any damage which may be caused to the works or to any

other works (whether temporary or permanent) authorised

by the foregoing Order or by this schedule except such as

may arise from the wilful act or wilful default of such owners

or masters or their servants or agents:

(10)

(A)

In the event of the Trustees in pursuance of any powers

vested in them at 1st September, 1953, extending their quay

wall on the south bank of the river Clyde so that it shall be

over the tunnel Work No. 2 forming part of the West Main

Tunnel Works any additional cost to the Trustees of carrying

out any such extension which is attributable to the existence

of the tunnel shall be repayable by the Corporation and any

question arising as to whether the existence of the tunnel has

resulted in any additional cost to the Trustees in carrying out

such extension or as to the amount of such additional cost

shall be determined by arbitration;

(b) Prior to carrying out any such extension the Trustees shall

submit to the Corporation for their approval plans, sections

and specifications of their proposed works and the said

proposed works shall not

be

commenced until the Corporation

shall have expressed in writing their approval of the plans,

sections and specifications

thereof:

Provided that such approval shall not be unreasonably

withheld and that if the Corporation fail to signify their

approval or disapproval of such plans, sections and specifica-

tions within six weeks after the receipt thereof they shall be

deemed to have approved

thereof:

(11) Any additional cost occasioned to the Trustees in the

construction, extension, maintenance or repair of any other

works or property or plant belonging to them, whether at

1st September, 1953, or at any time thereafter, or to the

tenants of

the

Trustees in respect of plant or

fittings

belonging

to them and in particular, but without prejudice to the

foregoing generality, the maintenance and repair of the

Shieldhall Wharf and Timber Yard and works and plant

thereon attributable to the construction or existence of any

of the West Main Tunnel Works shall be repaid by the

Corporation, and if any difference arises between the Corpora-

tion on the one hand and the Trustees or their tenants on

the other hand as to the amount of any such additional cost

such difference shall be determined by arbitration:

(12) Any difference between the Corporation and the Trustees in

connection with any of the provisions of this paragraph or

with anything contained in this schedule shall, failing agree-

ment, be determined from time to time by an arbiter to be

Glasgow Corporation

Consolidation

(Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964 65

mutually agreed upon between the Corporation and the

SCH.

1

Trustees or, failing agreement, to be appointed by the —cont.

President of the Institution of Civil Engineers on the

application of either party:

(13) Except as expressly provided by this Order, nothing in this

schedule shall prejudice or derogate from the estates, rights,

interests, privileges, liberties or franchises of the Trustees or

prohibit, defeat, alter or diminish any power, authority or

jurisdiction which at 1st September, 1953, the Trustees did

or might lawfully claim, use or exercise under and by virtue

of the Clyde Navigation Acts, 1858 to 1950.

13.

The following provisions for the protection of Barclay Curie For protection

i Company Limited (hereinafter in this paragraph referred to as^®3101^

he Company ") shall, unless otherwise agreed in writing between ^mpany

: Corporation and the Company, apply and have effect, this is to Limited.

(1) In this paragraph—

" the protected premises " means the Clydeholm Ship-

building Yard of the Company, the North British Engine

Works of

the

Company and the Company's land comprising

parcel numbers 442, 443 and 444 on the

1/1250

Ordnance

Map Lanarkshire Sheet N.W. 26/5366 of 1950 lying

between the Clydeholm Shipbuilding Yard and the North

British Engine Works all situate at Whiteinch on the river

Clyde;

" the protected works " means any buildings, roadways,

railway lines, ships or any part

thereof,

buildings, berths,

wharves, quays, cranes, machinery or apparatus of any

description (including the foundations thereof) on or

alongside the protected premises;

" the authorised works" means any works carried out

by the Corporation in connection with the maintenance of

the tunnel Work No. 2 and so much of Works Nos.

1

and 4

forming part of the West Main Tunnel Works as are situated

within the protected premises and any work connected

therewith;

" maintain " includes alter or renew and " maintenance "

shall be construed accordingly:

(2) The Corporation shall not in connection with the maintenance

of so much of the authorised works as in any way affects

the protected premises or the protected works carry out any

works otherwise than in accordance with plans, sections and

specifications to be previously submitted to and approved

in writing by the Company or, in case of difference between

the Company and the Corporation, settled by arbitration

and the Corporation shall not commence the authorised works

until the plans, sections and specifications relating thereto

have been so submitted and approved or settled:

Provided always that if the Company shall not within

twenty-eight days after the submission to them of any plans,

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

sections or specifications signify their disapproval thereof

and the grounds of such disapproval they shall be deemed to

have approved

thereof:

(3) The authorised works—

(a) shall be carried out by the Corporation in such

manner as to minimise so far as reasonably practicable

the risk of injury to the protected premises and the

protected works; and

(b) when commenced shall be completed with all

reasonable dispatch:

(4) (a) Any engineer or surveyor of the Company

being

authorised

by the Company for the purpose may at all reasonable times

during the carrying out of the authorised works on giving

previous reasonable notice inspect the same and every

reasonable facility shall be afforded to him by the Corporation

for that purpose;

(b) The Corporation shall pay to the Company the reasonable

costs of such inspection as aforesaid as may be reasonably

necessary:

(5) (i) The Corporation shall indemnify and free and relieve the

Company of any claim arising in respect of any damage or

injury to, the West Main Tunnel Works or to things in the

tunnel Work No. 2 forming part of the West Main Tunnel

Works or any persons employed on or in connection with the

authorised works caused by or attributable to—

(a) the construction by the Company on, over or near

any of the authorised works of buildings, roads, railway

sidings or any other works to be used in connection with

the Company's activities;

(b) the use of such roads or railway sidings by traffic

of such loads and frequency as are reasonably necessitated

by the Company's activities; or

(c) the cutting away of

the

north bank of

the

river Clyde

to the east and west of Works Nos. 2 and 4 forming part

of the West Main Tunnel Works and the extending north-

wards of the existing quay wall of the Company's North

British Engine Works on a line approximately in

continuation of the existing line

thereof:

Provided that in the event of the Company constructing

such works or undertaking any such activities as aforesaid

they shall previously submit to the Corporation for their

approval such plans, sections, specifications and other

particulars of the proposed works and activities as may be

reasonably required by the Corporation and, in the event of

any difference arising between the Corporation and the

Company with respect to the approval of such plans, sections,

specifications and other particulars, such difference shall be

settled

by

arbitration in the manner provided in this paragraph;

Glasgow Corporation

Consolidation

(Water,

CH.

xliii 67

Transport and Markets) Order Confirmation Act 1964

Provided further that nothing in this sub-paragraph shall

SCH.

i

exonerate the Company from liability to the Corporation for —cant.

any such damage or injury which may be caused by negligence

on the part of the Company its officers, servants, agents or

contractors:

(ii) The Company shall carry out all such works as are referred

to in the foregoing paragraph (i) only in accordance with

plans,

sections, and specifications reasonably approved by

the Corporation or settled by arbitration, as aforesaid, and in

such manner as may be agreed between the Corporation and

the Company:

Provided that if within twenty-eight days from the receipt

of such plans, sections and specifications the Corporation do

not signify to the Company their disapproval thereof and

their requirements in relation thereto, the Corporation shall

be deemed to have approved

thereof:

(6) (a) In the event of the Company in the exercise of any rights

vested in them at 1st September, 1953, extending their river

wall on the north bank of the river Clyde so that it shall be

over the tunnel Work No. 2 forming part of the West Main

Tunnel Works any additional cost to the Company of carrying

out any such extension which is attributable to the existence

of the tunnel shall be repayable by the Corporation and any

question arising as to whether the existence of the tunnel has

resulted in any additional cost to the Company in carrying out

such extension or as to the amount of such additional cost

shall be determined by arbitration;

(b) Prior to carrying out any such extension as is referred to in

the foregoing paragraph (a) the Company shall submit to the

Corporation for their approval plans, sections and specifica-

tions of their proposed works and the said proposed works

shall not be commenced until the Corporation shall have

expressed in writing their approval of the plans, sections and

specifications

thereof:

Provided that such approval shall not be unreasonably

withheld and that if the Corporation fail to signify their

approval or disapproval of such plans, sections and specifica-

tions within twenty-eight days after the receipt thereof they

shall be deemed to have approved

thereof:

(7) Any additional cost occasioned to the Company in the

construction, extension, maintenance or repair of any of the

protected premises or any of the protected works attributable

to the existence of any of the West Main Tunnel Works shall

be repaid by the Corporation, and if any difference arises

between the Corporation on the one hand and the Company

on the other hand as to the amount of such additional cost,

such difference shall be determined by arbitration:

(8) The Corporation shall not in exercise of the powers vested

in them with reference to the West Main Tunnel Works

interfere with any apparatus by means of which water,

sewage, gas or electricity is conveyed to or from the protected

xliii Glasgow Corporation Consolidation {Water,

Transport and Markets) Order Confirmation Act 1964

premises or by means of which telephonic communication

with the protected premises is effected without previously

having taken such measures of a temporary or permanent

nature as may be necessary to ensure the continuity of such

services to the Company:

(9) The Corporation shall not (except in case of emergency)

discharge water into the river Clyde from the waterworks

forming part of the West Main Tunnel Works within the

protected premises without the approval of

the

Company and

then only at such times as the Company may approve and

in a manner approved by the Company as not likely to injure

the quays, walls or embankments of the river Clyde or

interfere with ships moored alongside:

(10) The Corporation shall so exercise the powers vested in them

with reference to the West Main Tunnel Works as to minimise,

so far as reasonably practicable, interference with the conduct

of the shipbuilding, ship repairing and engineering activities

carried on by the Company on the protected premises,

whether on land or at the quayside, and with traffic to and

from the protected premises and none of the temporary

works carried out by the Corporation in or under the bed

and foreshore or banks of or adjoining the river Clyde so

far as affecting the protected premises shall be commenced

until the Corporation shall have submitted to the Company

for their approval plans, sections and specifications of such

temporary works and none of the said temporary works

shall be commenced until the Company shall have expressed

in writing their approval of the plans, sections and specifica-

tions

thereof:

Provided that such approval shall not be unreasonably

withheld and that if the Company fail to signify their approval

or disapproval of such plans, sections and specifications

within twenty-eight days after the receipt

thereof,

they shall

be deemed to have approved

thereof:

(11) (a) The Corporation shall be responsible for and make good

to the Company all costs, losses, damages and expenses

which may be occasioned to the Company by reason of

the existence or failure of the authorised works or by the

acts or defaults of the Corporation or of any person in their

employ or of their contractors;

(b) The Corporation shall indemnify and hold harmless the

Company from all claims or demands which may be made

on or against them in consequence of the existence of the

West Main Tunnel Works or the failure or want of repair

thereof or in consequence of any act or omission of the

Corporation their contractors, agents, workmen or servants:

Provided that the Company shall give to the Corporation

immediate notice of such claim or demand and that no

settlement; or compromise thereof shalJ be made except with

Glasgow Corporation Consolidation (Water,

CH.

xliii 69

Transport and Markets) Order Confirmation Act 1964

the consent of the Corporation who shall (if they so elect)

SCH.

1

have the sole conduct of any settlement or compromise of any —cont.

proceedings necessary to resist the same:

(12) The fact that any work or thing has been executed or done

in accordance with a plan approved by or not objected to

by the Company or with any requirements of the Company

or any engineer appointed by the Company or after inspection

by or to the satisfaction of such engineer or in accordance

with any directions or award of an arbiter under this

paragraph shall not relieve the Corporation from any liability

for damage caused to the Company or affect any claim by

the Company for injury caused to the protected premises

or the protected works or any other claim competent to the

Company under this paragraph:

(13) Where under this paragraph any claim, question, difference

or dispute or any matter or thing

is

to be referred to arbitration

the claim, question, difference or dispute or the matter or

thing shall be referred to and settled by a single arbiter to be

agreed upon between the Corporation and the Company, or,

failing agreement, to be appointed on the application of

either party (after notice in writing to the other) by the

President of the Institution of Civil Engineers.

14.

The following provisions for the protection of

Messrs.

Alexander For protection

itephen & Sons Limited (hereinafter in this paragraph referred to as °f

Alexander

' the Company ") shall, unless otherwise agreed in writing between y^}

he Corporation and the Company, apply and have effect, that is

o say:—

(1) In this paragraph—

" the protected premises " means so much of that part

of Shieldhall Wharf held on lease by the Company from

the Trustees at 1st September, 1953, as is situated within

or in the immediate vicinity of the limits of deviation

shown on the plans and sections deposited with reference

to the West Main Tunnel Order relating to the tunnel

Work No. 2 forming part of the West Main Tunnel

Works;

" the protected works " means and includes all buildings,

railway lines, cranes, machinery or apparatus of any

description (including the foundations thereof) in or upon

the protected premises, whether at 1st September, 1953,

or at any time thereafter:

(2) The Corporation shall be responsible for and make good to

the Company all loss and injury which may be suffered by

the Company in respect of damage to the protected works

or any part thereof by reason of the existence of the tunnel

Work No. 2 forming part of the West Main Tunnel Works

or by the acts or defaults of the Corporation or of any person

in their employment or of their contractors:

7U

CH.

xiiii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

SCH.

1 (3) If at any time the Company are under the necessity, by reason

—cont. of the widening of the river Clyde

by

the Trustees in pursuance

of their existing statutory

powers,

of dismantling and removing

their existing 30 ton travelling crane from its present

position on the protected premises and re-erecting the same

on some other part of the protected premises, the Company

shall not be liable for any damage or injury to the tunnel

Work No. 2 forming part of the West Main Tunnel Works

which may result from such dismantling, removal or

re-erection:

Provided that before proceeding with the dismantling,

removal and re-erection of the said crane the Company shall

give notice of their intentions to the Corporation and shall

consult with the engineer of

the

Corporation as to the method

to be adopted for the dismantling, removal and re-erection

thereof so as to minimise, so far as reasonably practicable,

the risk of injury to the said tunnel and works connected

therewith and such dismantling, removal and re-erection

shall be carried out by the Company according to such

method as may be agreed between the Company and the

said engineer and, in the event of any difference arising as

to the method to be adopted, such difference shall be referred

to arbitration under the provisions of this paragraph:

Provided further that nothing in this sub-paragraph shall

exonerate the Company from liability to the Corporation

for any damage or injury which may be caused to the said

tunnel or works connected therewith by negligence on the

part of the Company their officers, servants, agents or

contractors:

(4) Any difference between the Corporation and the Company

in connection with any of the provisions of this paragraph

(including any question arising under the proviso to sub-

paragraph (3)) shall, failing agreement, be determined from

time to time by an arbiter to be mutually agreed upon between

the Corporation and the Company or, failing agreement, to

be appointed by the President of the Institution of Civil

Engineers on the application of either party.

Copy

of 15. The Corporation shall at all times continue to keep at their

plans

to be principal office a copy of the plans and sections deposited with reference

made

available.

t0 fte West Main Tunne] 0rder

SCHEDULE 2

Section 50. TROLLEY VEHICLE ROUTES

Route 101 Riddrie to Shawfield or Rutherglen—

From Riddrie (Maxwelton Road) by way of Provanmill Road,

Royston Road, Castle Street, High Street, Albert Bridge and

Rutherglen Road, then—

(a) by way of Queensferry Street to Shawfield; and

Glasgow Corporation Consolidation {Water,

CH.

xliii 71

Transport and Markets) Order Confirmation Act 1964

(b) by way of Glasgow Road and Main Street to

SCH.

2

Rutherglen. —com.

Route 102 Royston Road to Polmadie—

From Royston Road (Darnick Street) by way of Castle Street,

High Street, Albert Bridge, Crown Street, Cathcart Road and

Aikenhead Road to Polmadie (Bennan Street).

Route 105 Queen's Cross to Ballogie Road or Muirend or Clarkston—

From Queen's Cross by way of Garscube Road, Cowcaddens

Street, West Nile Street, George Square South, Victoria

Bridge, Gorbals Street and Cathcart Road, then—

(a) by way of King's Park Road to Ballogie Road;

{b) by way of Holmlea Road and Clarkston Road to

Muirend; and

(c) by way of Holmlea Road, Clarkston Road, Mearns

Road and Busby Road to Clarkston.

Route 106 Bellahouston to Riddrie or Millerston—

From Bellahouston (Ulva Street) by way of Craigton Road,

Langlands Road, Govan Road, Morrison Street, Ballater

Street, King's Bridge, Bridgeton Cross, Abercromby Street,

Duke Street and Cumbernauld Road, then—

(a) to Riddrie (Tay Crescent); and

(b) to Millerston (Station Road).

Route 107 Muirend to Maitland Street—

From Muirend (Muirend Road) by way of Clarkston Road,

Holmlea Road, Langside Road, Victoria Road, Pollokshaws

Road, Victoria Bridge, George Square South, West Nile

Street and Port Dundas Road to Maitland Street.

Route 108 Ballogie Road to Paisley Road Toll or Linthouse or

Shieldhall—

From Ballogie Road by way of Cathcart Road, Allison Street,

Shields Road to Paisley Road Toll, then—

(a) by way of Govan Road to Linthouse (Moss Road);

and

(b) by way of Govan Road and Renfrew Road to

Shieldhall.

SCHEDULE 3 Section 52.

MODIFICATION OF SECTIONS OF TRAMWAYS ACT, 1870, FOR PURPOSES 1870C. 78.

OF

INCORPORATION WITH PART III OF ORDER

Section 26 shall have effect as if it were also therein provided that

the Corporation shall lay before the Minister a plan showing the

proposed mode of carrying out the work and a statement of the

materials intended to be used therein and the Corporation shall not

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

commence the work until such plan and statement have been approved

by the Minister and after such approval the work shall be executed

in accordance in all respects with such plan and statement and under

the superintendence and to the reasonable satisfaction of the local

authority (where the local authority is not the Corporation) as provided

by the said section.

Section

26

shall have effect as if fourteen days were therein mentioned

instead of seven days and as if it were also therein provided that the

Corporation shall at the same time as they give to each local authority

(where the local authority is not the Corporation) notice of any

proposed work deliver to each such local authority a plan and section

of the proposed work.

Sections 26, 27, subsections (2), (3) and (4) of section 30, and

sections 31, 33 and 41 shall have effect as if all posts, tubes, pipes,

wires and other apparatus used or to be used by the Corporation for

the purposes of mechanical power were parts of the trolley vehicle

undertaking.

Section 27 shall have effect as if it were therein provided that any

penalty therein mentioned shall belong to and be paid over to the

local authority (where the local authority is not the Corporation).

Subsections (2), (3) and (4) of section 30 shall have effect as if wires

or apparatus laid in a road included wires or apparatus erected or

carried over a road and as if it were therein provided that where in

consequence of the execution of any of the works in connection with

the trolley vehicle undertaking it is necessary to alter the position or

in any way interfere with the lines or levels of the mains, aqueducts,

conduits or lines of pipes, tubes, wires, apparatus or other works of

any local authority (other than the Corporation) including consumers'

connections such alteration or interference shall at the option of

such local authority be carried out by them at the expense of the

Corporation:

Provided that in all cases where works are to be executed by such

local authority and to be paid for by the Corporation such local

authority shall use every means in their power to have the works

executed as economically as possible and with all reasonable dispatch.

Section 31 shall have effect as if it were also therein provided that

the

new,

altered or substituted works to be provided by the Corporation

shall include the alteration of any existing manholes connected with

the sewers of the sanitary authority (where such sanitary authority

is not the Corporation) or the construction of any manholes in lieu

thereof so that the openings of such new, altered or substituted man-

holes shall if necessary be placed at the side of the road with a

diagonally built means of access for such sewers.

Section 33 shall have effect as if it were therein provided that any

pipe,

drain, sewer, tube, wire, apparatus or other works already

formed or laid or to be hereafter formed or laid of any local authority

(other than the Corporation) and lateral or private connections to

communicate therewith were a pipe for the supply of gas or water.

Section 41 shall have effect as if it were also therein provided that

the materials forming part of the trolley vehicle undertaking removed

may be sold as therein provided or used by the local authority

themselves (where such local authority is not the Corporation) and

Glasgow Corporation Consolidation (Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964 73

that such local authority may out of the proceeds of such sale or of Sen. 3

the value of the materials so used pay and reimburse themselves the —cont.

amount of the cost certified as therein provided and of the cost of sale

and the balance if any of the proceeds of such sale or of such value

shall be paid over by such local authority to the Corporation.

Section 45 shall have effect as if it were therein provided that the

list of all the tolls and charges authorised to be taken shall be carried

by every conductor of a trolley vehicle and shall be produced by him

on demand of any passenger thereon but need not be exhibited on the

trolley vehicle.

Section 50 shall have effect as if twenty pounds were therein

mentioned instead of five pounds.

Section 51 shall have effect as if for the words " additional fare

for the additional distance " occurring therein there were substituted

the words " ordinary fare payable for the distance travelled by bim

beyond the distance for which he has paid".

SCHEDULE 4

DESCRIPTION OF SUBWAY Section

84.

A line

of subway

in the city

commencing at Govan

Cross

Underground

Station and proceeding north-north-westwards, under Govan Road,

Govan Cross and Water Row, to the south bank of the river Clyde,

thence northwards and north-eastwards, under the river Clyde,

crossing under Castlebank Street, Hayburn Street, and Beith Street

to Merkland Street Underground Station; thence north-eastwards,

under Merkland Street, Vine Street, Anderson Street, to the junction

of Dumbarton Road at Purdon Street and eastwards, following the

line of Dumbarton Road to its junction with Mansfield Street; thence

north-eastwards, under Dowanhill Street to Partick Cross Underground

Station; thence continuing north-eastwards, under Dalcross Street

and Dalcross Lane to the junction of Chancellor Street and Byres

Road, north-north-eastwards, following the line of Byres Road to

its junction with Dowanside Road, and east-north-eastwards, to

Hillhead Underground Station; thence east-north-eastwards and

eastwards, crossing under Great George Street, Cranworth Street,

Kersland Street, Cecil Street, and Hillhead Street at its junction with

Glasgow Street, south-south-eastwards, following the line of Glasgow

Street to its junction with Otago Street, and eastwards, under the

river Kelvin and South Woodside Road to Kelvinbridge Underground

Station; thence eastwards, under the north end of Park Road to the

junction of Great Western Road and Lansdowne Crescent; thence

south-eastwards and south-south-eastwards, following the line of

Great Western Road through St. George's Cross Underground

Station, the line of New City Road through Cowcaddens Underground

Station and the lines of Cowcaddens Street and Buchanan Street to

Buchanan Street Underground Station; thence south-south-westwards,

following the line of Buchanan Street, under St. Enoch Square, through

St. Enoch Underground Station, under Dixon Street, Clyde Street,

the river Clyde, Carlton Place, Carlton Court, Oxford Street and

Norfolk Street to Bridge Street Underground Station; thence south-

westwards, under Eglinton Street, Cook Street, through West Street

Underground Station, and following the line of Scotland Street,

74

CH.

xliii

Glasgow

Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

SCH.

4 through Shields Road Underground Station to Kinning Park Under-

—cont. ground Station at Cornwall Street; thence westwards and north-

westwards, under Plantation Park, Clifford Street, Paisley Road

West and Cessnock Street to Cessnock Underground Station; thence

west-north-westwards, under Middleton Street, Harley Street, Elizabeth

Street, Midlock Street, Whitefield Road, Carmichael Street and

Copland Road to Copland Road Underground Station; thence

north-north-westwards under Woodville Street, Clynder Street,

Brighton Street, Briton Street, Iona Street, Columba Street, Kintra

Street, Summertown Road, Neptune Street, Vicarfield Street, Orkney

Street, Broomloan Road and the Govan Railway Marshalling Yards

to the point of commencement.

SCHEDULE 5

Section 91.

Tunnels to be

made of

sufficient

strength and

durability.

1883 c. clvi.

PROTECTIVE PROVISIONS, ETC., APPLICABLE TO THE SUBWAY

1.

The tunnels comprising the subway shall throughout be

maintained of such strength and durability as shall be sufficient for

the effectual support of any buildings, present or future, fronting

or abutting on the streets or roads in which the tunnels are made, or

upon the land over or by the side of the tunnels and for the effectual

support of the quay walls, quay sheds, roadways, railways, tramways

and works of the Trustees of the Clyde Navigation at present authorised

or which may hereafter be authorised, not being different in character

from their present or authorised works, under which the subway

tunnels may be constructed, and also of the railway authorised by the

Clyde Navigation Act, 1883, and any Acts amending the same.

Providing for

ventilation of

subway.

1882 c. 56.

1878 c. 76.

2.—(1) Subject to the provisions of this Order, and upon lands

belonging to the Corporation, or over which the Corporation have an

easement or servitude for the purpose the Corporation may make and

maintain all requisite openings, shafts or vents for the purpose of

ventilating the subway, and the Corporation may, for the purpose of

such openings, shafts or vents, or for other purposes in the construction

of the subway, break up, alter, interfere with and divert all sewers,

drains, gas and water mains and pipes, and other works, and also,

any telegraph wires and works connected therewith, which may

impede the construction and use of the subway or of

the

said openings,

shafts or vents.

(2) Nothing in this section shall extend to or authorise any inter-

ference with any works of the South of Scotland Electricity Board

except in accordance with and subject to the provisions of section 15

of the Electric Lighting Act, 1882.

(3) (a) The Corporation shall not in exercise of the powers of this

section alter any telegraphic line belonging to or used by the Postmaster

General except in accordance with and subject to the provisions of

paragraphs (1) to (8) of section 7 of the Telegraph Act, 1878.

(b) In this section the expression

as in the Telegraph Act, 1878. alter" has the same meaning

Glasgow Corporation Consolidation (Water,

CH.

xHii 75

Transport and Markets) Order Confirmation Act 1964

3.

The Corporation shall make to the owners and occupiers of, Sea. 5

and all other parties interested in the lands and buildings in

,the

street —cant.

or streets between Great Clyde Street and St. George's Church (all of

For

the

which are together referred to in this section as " the street"), full protection of

compensation for all injuries or damage which may in any way arise proprietors

of

to any of the said lands, or to any buildings present or future thereon, between Great

or to any goods, furniture or effects thereon or therein, in connection

Clyde

Street

with the operation of the subway, or of the exercise of any of the and St. George's

powers hereby conferred upon the Corporation and such compensation Church,

shall be recoverable from time to time as such injuries or damage shall street"311

accrue or be discovered, but no claim for such compensation shall be Glasgow.

made or allowed, unless the occurrence of the injury or damage in

respect of which it is intended to claim, if known to the claimant,

shall be notified in writing to the Corporation, without unreasonable

delay, by the person intending to claim, nor shall any such claim be

recoverable unless it shall be presented to the Corporation by such

person within six months from the discovery of the damage complained

of:

Provided that the rights and remedies in this section shall be in

addition to the rights and remedies which the owners or occupiers of,

or other parties interested in any premises in the street may or shall

have against the Corporation by virtue of this head of this Part of

this Order.

4.

For the protection of the trustees of the Clyde Navigation For

the

pro-

(hereinafter referred to as "the Clyde Trustees") the following^^nofthe

provisions shall apply and have effect, viz. :— Trustees

(1) All the works of the Corporation in connection with the

subway shall be executed in a substantial and workmanlike

manner, and shall be maintained in a good and substantial

condition, and if any loss or damage shall be sustained by the

Clyde Trustees by reason of the failure of any of the said

works or of the use thereof by the Corporation, the

Corporation shall pay to the Clyde Trustees full compensation

in respect

thereof:

(2) All the said works of the Corporation shall be executed and

thereafter maintained by and in all things at the expense of

the Corporation:

(3) The Clyde Trustees shall not incur or be under any obligation

or responsibility whatever in respect of the said works, and

the Corporation shall indemnify, free and relieve the said

Trustees of all claims for loss or damage of every description

(if any) which may arise or be made against the said Trustees

in connection with or consequent upon such works:

(4) The Clyde Trustees shall not incur or be under any obligation

or responsibility for any damage which may be caused to the

subways or other works of the Corporation in connection

therewith either by any future operations of the Clyde

Trustees, or by vessels sunk or being lifted or otherwise

dealt with in the harbour of Glasgow or the river Clyde,

unless in the case of such damage being caused by the default

or negligence of

the

said Trustees or those for whom they are

responsible;

76

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

SCH.

5 (5) If any difference shall arise between the Corporation and the

—cont. Clyde Trustees as to anything to be done or not to be done

under the provisions of

this

section, the same shall be referred

to and determined by an engineer to be agreed upon between

the parties, or failing agreement, to be appointed on the

application of either of the parties in difference by the sheriff

of the county of Lanark, and the award of the engineer so

appointed shall be final and binding on both parties, and the

costs of the arbitration shall be in the discretion of the

arbiter.

As to works

5.—(a) The Corporation shall be solely liable to all persons for any

MU^Rdfwavs damage or injury at any time caused to any property in consequence of

Board. the construction by the former Glasgow District Subway Company of

the portion of the former Glasgow Central Railway to be constructed

by them in pursuance of section 36 (As to works affecting the

Caledonian and Glasgow and South Western Railway companies)

1890

c.

clxii.

0f tne Glasgow District Subway Act, 1890, and of the construction of

the subway, and shall indemnify the British Railways Board (herein-

after in this paragraph referred to as " the Board ") from all claims

and demands in respect

thereof.

(b) The Corporation shall maintain the subway where the same

passes or is intended to pass under any railways or works of

the

Board

of such strength and durability as shall be sufficient for the effectual

and safe support of any such railways and works, or any buildings

over the same.

(c) The subway shall be maintained and used, and all operations

connected therewith shall be conducted in such manner as not to injure

or endanger the stability of any railways, works or buildings of the

Board over the same, nor to cause any interruption, impediment,

inconvenience or danger to the traffic thereon or use

thereof.

(d) In the event of any damage or injury being at any time caused,

or likely to be caused, to any existing or authorised railways, works

or buildings belonging to the Board by the maintenance or use of the

subway or from any failure or defect therein, the Board may give notice

thereof to the Corporation, and the Corporation shall thereupon

forthwith take effectual measures to restore or prevent such damage or

injury; and in their default or in cases of emergency the Board may

enter upon the works or property forming part of the subway under-

taking and execute and do such works and things as may be necessary

to restore or prevent such damage or injury, without being liable to the

Corporation for any injury or interference thereby occasioned to the

works or undertaking of the Corporation; and the Corporation shall

on demand repay to the Board the costs and expenses sustained or

paid by the Board under this sub-paragraph.

(e) The Corporation shall also pay and make good to the Board

all damages and loss sustained by them respectively, from or in

consequence of any such damages or injury, as mentioned in the last

preceding sub-paragraph, or from or in consequence of any inter-

ruption, impediment, or inconvenience to the traffic or use of then-

railways, works, buildings and property at any time arising from the

works or operations of the Corporation, or any failure or defect in

such works; and the Corporation shall also be solely liable to all

persons using the railways or works of the Board for any damage,

Glasgow Corporation

Consolidation

(Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964 11

injury or loss at any time sustained by them by or in consequence of

SCH.

5

any such works or operations of the Corporation, or any failure or — com

defect in such works, and the Corporation shall indemnify the Board

from all claims and demands of such persons in respect

thereof.

(/) All the works of the Corporation in connection with the subway

undertaking under or affecting the railways, works or property of the

Board shall be maintained in a good and substantial condition by and

in all things at the expense of the Corporation.

(g) If the Board shall at any time widen their railway at the points

where the subway is carried through or under their stations, sidings,

rails,

lands, works and property, the Corporation shall not be entitled

to object to such widening, but the same shall be made at the sight

and to the approval of the engineer for the time being of the Corporation

in the same manner and subject to the same conditions as was provided

by the Glasgow District Subway Act, 1890, with respect to the forma-

1890

c.

clxii.

tion of the subway through or under the stations, sidings, rails, lands,

works and property of the former North British Railway Company.

(h) If any difference arises between the Corporation and the Board,

or their respective engineers, as to anything to be done or not to be

done under the provisions of this paragraph, the same shall be settled

by arbitration.

6. The Corporation shall make to the owners of the Lansdowne For the

United Presbyterian Church full compensation for all loss and damage protection

of

which may result thereto, or to the property therein, by reason of the the Lansdowne

exercise by the Corporation of any of the powers conferred by this Presbyterian

head of this Part of this Order, and injuries recoverable under this church.

section shall be recoverable from time to time, as such injuries may

accrue or be discovered, but no claim in respect thereof shall be made

or allowed unless the occurrence of the damage in respect of which it

is intended to claim, if known to the claimants, shall be notified in

writing to the Corporation without unreasonable delay, nor shall any

such claim be recoverable unless it shall be presented to the Corporation

within six months from the discovery of the damage complained of.

7.

Whereas in order to avoid in the maintenance of any works in Underpinning

connection with the subway injury to the houses, cellars and buildings or otherwise

within 100 feet of the subway it may be necessary to underpin or ^™fs enmg

otherwise strengthen the same. Therefore the Corporation at their

own expense may and if required by the owners or lessees of any such

house, cellar or building, shall subject as hereinafter provided in this

section, underpin or otherwise strengthen the same and the following

provisions shall unless otherwise agreed have effect and be binding

on the Corporation, that is to say:—

(1) At least twenty days' notice shall unless in case of emergency

be given to the owners, lessees and occupiers or by the

owners or lessees of the house, cellar or building so intended

or so required to be underpinned or otherwise strengthened:

(2) Each such notice if given by the Corporation shall be served

in manner prescribed by section 18 of the Lands Clauses

Consolidation (Scotland) Act, 1845, and if given by the

1845

c.

19.

owners, or lessees of any such house, cellar or building to be

underpinned or strengthened shall be sent to the principal

office of the Corporation:

G

78

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

SCH.

5 (3) If any owner, lessee or occupier of any such house, cellar or

—cont. building of the Corporation as the case may require within

fourteen days after the giving of such notice give a counter-

notice in writing that he or they as the case may be dispute

the necessity of such underpinning or strengthening the

question of the necessity shall (failing agreement) be

determined by an engineer to be agreed upon or in case of

difference appointed as arbiter at the instance of either

party by the President of the Institution of Civil Engineers:

(4) The arbiter appointed shall forthwith upon the application

of either party proceed to inspect such house, cellar or building

and determine the matter referred to him and in the event

of his deciding that such underpinning or strengthening is

necessary he may and if so required by such owner, lessee

or occupier shall prescribe the mode in which the same shall

be executed and the Corporation may and shall proceed

forthwith so to underpin and strengthen the said house,

cellar or building:

(5) The Corporation shall be liable to compensate the owners,

lessees and occupiers of every such house, cellar or building

for any inconvenience, loss or damage which may result to

them by reason of the exercise of the powers granted by this

section:

(6) If in any case in which any house, cellar or building has been

underpinned or strengthened such underpinning or

strengthening proves inadequate for the support or protection

of the house, cellar or building against further injury arising

from the execution or use of the works of the Corporation

then and in every such case the Corporation shall make

compensation to the owners, lessees and occupiers of such

house, cellar or building for such injury provided the claim

for compensation in respect thereof is made by such owners

within twelve months and by such lessees or occupiers

within six months from the discovery

thereof:

(7) Nothing in this section nor any dealing with any property

in pursuance of this section shall relieve the Corporation

from the liability to compensate under the Lands Clauses

1845

c.

19.

Consolidation (Scotland) Act, 1845, or under any other

Act:

(8) Every case of compensation to be ascertained under this

section shall be ascertained according to the provisions of

the Lands Clauses Acts:

(9) Nothing in this section shall repeal or affect the application

of section 90 of the Lands Clauses Consolidation (Scotland)

Act, 1845.

Extending 8. Notwithstanding anything in the repealed Acts or in this bead

ErotecUon erf of this Part of this 0rder the Provisions of any local or personal Act

Subway an(* of any Order confirmed by Parliament for the protection and

Company to

benefit of the former Glasgow Subway Railway Company shall extend

Corporation. and apply to the Corporation in respect of the subway undertaking,

as if the Corporation had been mentioned therein in place of the said

Company.

Glasgow Corporation Consolidation (Water,

CH.

xliii 7v

Transport and Markets) Order Confirmation Act 1964

SCHEDULE 6

AGREEMENT between the CORPORATION OF THE QTY OF GLASGOW Section 104

(hereinafter called " the Corporation ") of the first part, SCOTTISH

OMNIBUSES LIMITED, W. ALEXANDER AND SONS LIMITED, WESTERN

S.M.T. COMPANY LIMITED, CENTRAL S.M.T. COMPANY LIMITED AND

DAVID LAWSON LIMITED being companies incorporated under the

Companies Acts (hereinafter called " the Companies ") of the second

part, and the BRITISH TRANSPORT COMMISSION established and

incorporated under and in virtue of the Transport Act,

19471947

c.

49.

(hereinafter called " the Commission ") of the third part:

Whereas the Corporation are operating services of tramcars trolley

vehicles and public service vehicles in and beyond the City of Glasgow

(hereinafter called "the City"); And whereas the Companies are

subsidiary companies of the Commission and are operating services

of public service vehicles into and out of the City; And whereas the

Commission are operating railways in and in the districts adjoining the

City and have under consideration the electrification of parts of those

railways; Now therefore the parties have agreed and do hereby

agree as follows, videlicet:—

First

Subject as hereinafter provided the Corporation shall not except

as otherwise agreed in writing between the parties operate any service

of tramcars trolley vehicles or public service vehicles beyond the limits

of the City as existing from time to time and shall not apply for consent

under Part V of the Road Traffic Act 1930 to operate public service

1930

c.

43.

vehicles on any road outside such limits: Provided that—

(a) nothing in this Article shall apply to the operation by the

Corporation of—

(i) the services of tramcars trolley vehicles and public

service vehicles specified in the First Schedule to this

Agreement on such sections of route and for such distances

outside the present limits of the City as are so specified;

or

(ii) tramcars trolley vehicles or public service vehicles

beyond the limits of the City as existing from time to time

to such extent only as may be necessary or convenient

for the purpose of providing transport between points

within such limits by a service which both originates and

terminates within such limits; and

(b) in the case of the services of tramcars specified in the Second

Schedule to this Agreement the Corporation shall cease to

operate such services between the places and for the distances

so specified on such date as may be agreed between the

parties hereto and in any case not later than the Thirty-first

day of December Nineteen hundred and sixty.

Second

Subject as hereinafter provided the Corporation shall not make

objections or other representations with respect to the grant of any

road service licence or backing or any variation of the conditions

80

CH.

xliii Glasgow Corporation Consolidation (Water,

Transport and Markets) Order Confirmation Act 1964

SCH.

6 attached to any road service licence or backing applied for by the

—cont. companies or any of them in respect of any service of public service

vehicles which is at any time operated or proposed to be operated

into or out of the City as existing from time to time except to the

extent to which any such grant or variation would permit of any

passenger being on any one journey both taken up and set down

within the limits of the City as existing from time to time provided

that nothing in this Article shall preclude the Corporation from

making such representations to the Traffic Commissioners for the

Scottish Traffic Area as they may think fit with regard to the routing

of

public

service vehicles and the fixing of stopping places and terminal

points within the City as existing from time to time or from exercising

such other powers with regard to those matters as they may from time

to time possess.

Third

In consideration of the obligations on the part of the Corporation

to be observed and performed under this Agreement the Commission

shall

as

part of their plan for the modernisation of their railways proceed

with the preparation of schemes for the electrification of the railway

routes in the Clyde Valley which are for the purposes of identification

but not of limitation specified in the Third Schedule to this Agreement

subject however to the condition that—

(a) the priority and timing of such schemes shall be such as may

be determined by the Commission and that the work of

electrification under any such schemes shall be carried out as

circumstances in the opinion of the Commission permit; and

(b) it shall be competent for the Commission at any time to make

such modifications to any such schemes and in particular

such variations with regard to the lengths of route to be

electrified as they may think fit.

Fourth

The Corporation on the one hand (subject to the provisions of the

1954

c.

64 Transport Charges &c. (Miscellaneous Provisions) Act, 1954) and the

Commission on the other hand shall continue to have such rights

and freedom as they presently hold or exercise in regard to the fixing

of fares and charges for or in respect of any transport services or

facilities provided by them respectively.

Fifth

As soon as practicable after the execution of this Agreement a

Committee (hereinafter called " the Advisory Committee ") shall be

constituted which shall consist of not more than six persons for the

time being appointed by the Corporation being members or senior

officers of the Corporation and not more than six persons for the

time being appointed by the Commission being senior officers of the

Commission or Directors or senior officers of any of the Companies.

The Advisory Committee shall meet at such places in the City and

on such occasions not being

less

than two per annum as the Corporation

and the Commission may together decide and the quorum and

procedure of the Advisory Committee shall be such as the Committee

may from time to time determine.

Sixth

It shall be the duty of

the

Advisory Committee to consider and make

recommendations to the parties to this Agreement with regard to all

Glasgow

Corporation Consolidation

(Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964

such matters (including fares and charges) concerning passenger

transport services—

(a) between points within the boundaries of the City as existing

from time to time, and

(b) on any sections of route specified in the First Schedule to this

Agreement

as affects the interests of the Corporation and any of the other parties

to this Agreement.

Seventh

This Agreement except as otherwise agreed in writing between the

parties or determined

by

Parliament shall continue in force

in

perpetuity.

Eighth

This Agreement shall be scheduled to the first Provisional Order

hereafter promoted by the Corporation and is subject to such alteration

as may be made therein by Parliament or the Secretary of State during

the progress of the said Provisional Order but if any alteration be so

made therein or in any clause of the said Provisional Order relative

thereto or included for the purpose of enabling the Corporation to

implement any of the provisions of this Agreement being an alteration

which is in the opinion of

any

of the parties hereto a material alteration

or if any such clause of the said Provisional Order is disallowed it

shall be competent for any of the parties to withdraw from this

Agreement which shall then become void: In witness whereof these

presents typewritten on this and the preceding page are, together

with the First, Second and Third Schedules hereto annexed, executed

by the parties hereto as follows: they are sealed with the common seal

of the Corporation of the City of Glasgow and subscribed for them

and on their behalf by Thomas Cumming Henderson and William

Patrick Robertson, two Members of said Corporation and by

Sir William Kerr, Town Clerk of the said City, all at Glasgow on the

Eleventh day of October, Nineteen hundred and fifty-six before these

witnesses Peter Murdoch Howitt and Alexander Taylor Goodman,

both Solicitors in the Town Clerk's Office, Glasgow; they are on the

Nineteenth day of said month and year last mentioned sealed with

the common seals of the Companies of the second part and subscribed

for said Companies and on their behalf by James Amos and Walter

Alexander, Junior, two Directors, and Hugh Cecil McCrostie, Secretary,

all of Scottish Omnibuses Limited; by the said James Amos and the

said Walter Alexander, Junior, two Directors and John McLaren

Barbour, Secretary, all of

W.

Alexander and Sons Limited; by the said

James Amos and William Letham Sword, two Directors, and Robert

Watt McWhirter, Secretary, all of Western S.M.T. Company Limited;

by the said James Amos and Robert Brownlee Dick, Junior, two

Directors, and William Malcolm Ritchie, Secretary, all of Central

S.M.T. Company Limited; and by the said James Amos and the said

Walter Alexander, Junior, two Directors, and the said John McLaren

Barbour, Secretary, all of David Lawson Limited; and they are sealed

with the common seal of the British Transport Commission and

subscribed for them and on their behalf by the Right Honourable

Robert Alexander Palmer, Lord Rusholme, a Member of the Commis-

sion, and Sidney Berald Taylor, their Chief Secretary, all at London

on the Twenty-ninth day of said month and year last mentioned,

CH.

xliii Glasgow Corporation Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

before these witnesses, Harold Leslie Brazier, Assistant Secretary, and

William Henry Mann, Clerk, both in the Office of the said Chief

Secretary, at Two hundred and Twenty Two Marylebone Road,

London, N.W.I.

James Amos "

W. Alexander, Jr." (L.S.)

H. C. McCrostie "

(L.S.)

; James Amos "

R. B. Dick, Jr."

; W. M. Ritchie,

Secretary "

' Alexander T. Goodman,"

Witness (L.S.)

' P. M. Howitt," Witness

' H. L. Brazier," Witness (L.S.)

1 W. H. Mann," Witness

" James Amos "

" W. Alexander, Jr." (L.S.)

" J. Barbour,

Secretary "

" James Amos "

"W. L. Sword" (L.S.)

" R. McWhirter,

Secretary " " James Amos "

" W. Alexander, Jr." (L.S.)

" J. Barbour,

Secretary "

"Thos.

C.Henderson"

"W.P.Robertson"

"William Kerr"

"Rusholme"

"S.B.Taylor"

FIRST

SCHEDULE

SERVICES, SECTIONS OF ROUTE AND DISTANCES REFERRED TO IN

PROVISO (a) (i) TO ARTICLE FIRST

*Corpora-

tion

Service

Number

T.l, 9, 26

B.ll

B.19

B.9,20

...

T.25,32

...

T.15,23

...

T.29

B.30

T.9

T.17

Sections of Route Outside City Boundary

From

City Boundary

at

Yoker Burn

YokerBurn

Great Western Road

Colston Road

Glen Ogle Street ...

Killin Street

London Road east of

Braidfauld Street

Dalmarnock Bridge

To

Terminus at Scott Street

Dalmuir

Terminus at Cunard Street

Qydebank

Terminus at Qarence Street

Qydebank

City boundary at Drumry

Road

Terminus at Kenmure

Avenue Bishopbriggs

Terminus at Baillieston-

Edinburgh Road Junc-

tion

Terminus at Calderpark

Zoo

Terminus at Gardenside

Crescent, Carmyle

Terminus at Causewayside

Street

Terminus at Cambuslang

Road at Farme Bowling

Chib

Distance

outside

City

Bound-

ary.

Miles

2-43

0-76

0-63

0-12

0-63

1-88

2-3

1-16

018

0-52

Glasgow Corporation Consolidation (Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964

FIRST

SCHEDULE—continued

1

•Corpora-

tion

Service

Number

T.18,26

...

T.18A,

26A

B.2

(Rutherglen)

B.2

(King's Park)

B.22

B.46

B.7A

TB.101 ...

B.31

TB.105 ...

B.32

T.8

T.25

T.14

B.25

B.27

B.29

B.36

B.13,22

...

Sections of Route Outside City Boundary

From

City Boundary

at

Dalmarnock Bridge

Rutherglen Bridge

King's Park Avenue

Dalmarnock Bridge

Cathcart Road ...

Shawfield Park Glas-

gow Road

Carmunnock Road

Clarkston Road ...

Fernleigh Road ...

Thornliebank Rail-

way Station

Thornliebank Rail-

way Station

Hillington Road ...

Renfrew Road

Inveresk Street

To

Terminus at Dukes Road

Burnside

Terminus at Glasgow Road

Terminus at Penman

Avenue

Terminus at junction of

Croftfoot Road and Mill

Street

City boundary at Curtis

Avenue

Junction of Croftfoot Road

and Mill Street

City boundary at Kingsacre

Road

Terminus at junction of

King's Road and Cale-

donia

Avenue,

Rutherglen

Terminus at Gallowhill

Road

Terminus at junction of

Benview Road and

Mearns Road

Terminus at junction of

Benview Road and

Mearns Road

Terminus at Rouken Glen

Park

Terminus at Rouken Glen

Park

Nitshill Road at Thornlie-

bank Road

Terminus at Rolls Royce

Bus

Stance

North Hilling-

ton Industrial Estate

Terminus at Rolls Royce

Bus

Stance

North Hilling-

ton Industrial Estate

Terminus at Rolls Royce

Bus Stance South Hilling-

ton Industrial Estate

Terminus at Rolls Royce

Bus Stance South Hilling-

ton Industrial Estate

Terminus at Torphin

Crescent

Distance

outside

City

Bound-

ary.

Mites

1-56

015

1.69

0-76

1-68

2-06

0-48

1-27

015

1-54

2-41

1-94

104

100

1-18

0-93

1-27

0-10

•Corporation Service Numbers

T — Service of tramcars B — Service of public service vehicles

TB — Service of trolley vehicles

84

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

Sea.

6

—cont.

SECOND SCHEDULE

SERVICES OF TRAMCARS PLACES AND DISTANCES REFERRED TO

IN

PROVISO

(b)

TO ARTICLE FIRST

Corporation

Service

Number

4 and 27

14

15

and Coatbridge

local Services

17

21

and

Paisley

local services

-

29

From

City Boundary at Hilling-

ton Road

Darnley

at

Nitshill Road

junction with Park-

house Road

Baillieston-Edinburgh

Road junction

Cambuslang Road

at

Farme Bowling Club

Paisley Road West

at

Crookston Road

Terminus

at

Renfrew

Ferry

Maryhill Road

at

Mary-

hill Park

To Terminus

at

Paisley North

Cross Stobs

...

Airdrie

Cambuslang

...

Elderslie Depot

Glenfield

Milngavie

Distance.

Miles

2-662

3107

5-703

1-694

4-213

5-425

3-064

THIRD SCHEDULE

RAILWAY ROUTES REFERRED TO

IN

ARTICLE THIRD

North of the Clyde

Glasgow Queen Street Low Level to:—

Helensburgh and Balloch via both Clydebank Central and

Drumchapel

Milngavie

Airdrie

Bridgeton Central.

South of the Clyde

Glasgow Central to:—

Kirkhill

Neilston High

Cathcart Circle lines.

Glasgow Corporation Consolidation (Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964

SCHEDULE 7 Section 139.

CONFIRMING AUTHORITY FOR BYELAWS

85

Number and marginal note of section Confirming authority

Section 56 (Byelaws by Corporation as to trolley

vehicles, etc.)

Section 75 (Power to reserve omnibuses and

trolley vehicles for special purposes)

Section 76 (Power to require intending passengers

to wait in lines or queues)

Section 99 (Power to make byelaws as to

number of passengers on subway carriages)

Section 110 (Incorporation of Markets and Fairs

Clauses Act)

Section 117 (Power to make byelaws as to

markets)

Section 118 (Power to make byelaws as to

slaughterhouses)

The

Sheriff.

The Minister.

The

Sheriff.

The

Sheriff.

The Secretary of State.

SCHEDULE 8

PROVISIONS OF ACTS AND ORDERS REPEALED Section 142.

Session and

chapter or

number of

statutory

instrument

18 & 19 Vict.

c. cxviii

22 Viet. c. ix

23 & 24 Vict.

c. xxxiii

28 & 29 Vict.

c. lxiii

28 & 29 Vict.

c. lxix

29 & 30 Vict.

c. cclxxiii

Title of Act or Order or

statutory instrument

The Glasgow Corporation

Waterworks Act, 1855

The Glasgow Corporation

Waterworks Amendment

Act, 1859

The Glasgow Corporation

Waterworks Amendment

Act, 1860

The Glasgow Markets and

Slaughterhouses Act,

1865

The Glasgow Corporation

Waterworks Amendment

Act, 1865

The Glasgow Police Act,

1866

Extent of repeal

Sections 3,5,6,7,9,11 to 13,

15,

16, 20 to 22, 38,42 to

45,

47 to 111, 119, 120

and Schedule C.

Sections 4, 5, 6, 16, 17 and

19.

Sections 4 to 6 and 11.

The whole Act so far as not

already repealed.

Sections

3

to

13

and

20

to 24.

Section 414.

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

Session and

chapter or

number of

statutory

instrument

Title of Act or Order or

statutory instrument Extent of repeal

29 & 30 Vict.

c. cccxxviii

34Vict.c.xxxvi

34 & 35 Vict.

c. cviii

35 & 36 Vict.

c. xli

36 & 37 Vict.

c. xxxvi

39 & 40 Vict.

c. lxv

40 & 41 Vict.

c. xiv

40 & 41 Vict.

c. cxxviii

40 & 41 Vict.

c. clxv

41 & 42 Vict.

c. c

42 & 43 Vict.

c. xl

45 & 46 Vict.

c. xix

45 & 46 Vict.

c. Ixxxvii

47 & 48 Vict.

C.

XXV

48 & 49 Vict.

c. cxxxvi

51 & 52 Vict.

c. xxiii

51 & 52 Vict.

c. clxiv

53 & 54 Vict.

c. clxii

54 & 55 Vict.

c. cxxx

55 & 56 Vict.

c. cxi

The Glasgow Corporation

Waterworks Amendment

Act, 1866

The Glasgow Markets and

Slaughter-houses Act,

1871

The Vale of Clyde Tram-

ways Act, 1871

The Glasgow Municipal

Act, 1872

The Glasgow Corporation

Waterworks Amendment

Act, 1873

The Vale of Clyde Tram-

ways Act, 1876

The Glasgow Markets

and Slaughterhouses Act,

1877

The General Police and

Improvement (Scotland)

Act, 1862, Order Con-

firmation (Glasgow) Act,

1877

The Glasgow Corporation

Waterworks Amendment

Act, 1877

Glasgow Municipal Act,

1878

Glasgow Corporation

Waterworks Amendment

Act, 1879

Glasgow Corporation and

Police Act, 1882

Glasgow Corporation

Waterworks Amend-

ment Act, 1882

Glasgow Corporation Act,

1884

Glasgow Corporation

Waterworks Act, 1885

Glasgow Corporation Act,

1888

The Vale of Clyde Tram-

ways Act, 1888

Glasgow District Subway

Act, 1890

City of Glasgow Act, 1891

Glasgow Corporation

Waterworks Act. 1892

Sections 3, 5 to 7, 28, 30

and 32.

The whole Act.

The whole Act so far as

not already repealed.

Section 28.

Sections 8 to 14 and

section 16.

The whole Act so far as

not already repeated.

The whole Act so far as not

already repealed.

In the scheduled Order.

article (17).

Sections 3, 5, 6, 8, 9 and 14

to 25.

Section 19.

The whole Act so far as not

already repealed.

Sections 25 to 28 and

section 41.

Sections 2, 4 to 18 and

section 23.

The whole Act so far as not

already repealed.

Sections 2,4 to 19, 21 to 27,

31 to 42, 45, 48, 49 and

Schedules D, E and F.

Section 24.

The whole Act so far as

not already repealed.

The whole Act so far as not

already repealed.

Section 34 and subsections

(1) to (5) of section 39.

Sections 2, 4 to 22, 25

and 26 and Schedules 1,

2 and 3

Glasgow

Corporation

Consolidation

(Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964

Session and

chapter or

number of

statutory

instrument

Title of Act or Order or

statutory instrument Extent of repeal

56 & 57 Vict.

c. lxix

57 & 58 Vict.

c. clxxiv

62 & 63 Vict.

c. clxii

lEdw. 7

c. clxvi

lEdw. 7

c. clxxix

lEdw.7

c. cclxxxi

2Edw. 7

c. cclxi

3Edw.7

c. ccxxviii

4Edw. 7

c. cxl

4Edw.7

c. clxxxiii

5Edw.7

c. cxxvii

5Edw.7

ccxxviii

5Edw.7

ccxxx

7Edw.7

c. cxlvi

Govan Burgh (Tramways)

Act, 1893

Glasgow District Subway

(Further Powers) Act,

1894

Glasgow Corporation (Gas

& Water) Act, 1899

Clydebank Burgh Tram-

ways Order Confirmation

Act, 1901

Glasgow Corporation

(Tramways and General)

Order Confirmation Act,

1901

Paisley District Tramways

Order Confirmation Act,

1901

Glasgow Corporation

(Water & General) Order

Confirmation Act, 1902

Glasgow Corporation

Tramways Order Con-

firmation Act, 1903

Govan Corporation Order

Confirmation Act, 1904

Glasgow Corporation

(Tramways &c.) Order

Confirmation Act, 1904

Glasgow Corporation

Order Confirmation Act,

1905

Glasgow Corporation

(Tramways Consolida-

tion) Order Confirmation

Act, 1905

Paisley District Tramways

Order Confirmation Act,

1905

Glasgow Corporation Act,

1907

The whole Act so far as

not already repealed.

The whole Act so far as not

already repealed.

The whole Act so far as not

already repealed.

The whole Act and the

scheduled Order.

In the scheduled Order,

section 23.

The whole Act and the

scheduled Order so far as

not already repealed.

In the scheduled Order,

sections 3 and 5 to 27 and

section 30.

In the scheduled Order,

sections 22 to 25.

In the scheduled Order,

section 8.

The whole Act and the

scheduled Order so far as

not already repealed.

In the scheduled Order—in

section 3 the definitions of

" The Markets Acts",

" The bazaar ", " The

cheese market", " The

clothes market", "The

bird and dog market"

and " The transferred

markets" ; sections 44

to 56 and section 84.

The whole Act and the

scheduled Order so far as

not already repealed.

The whole Act and the

scheduled Order so far as

not already repealed.

Sections 5 to

11,

subsections

(1) and (2) of section 70

and in Schedule 1 the

references to The Glasgow

Corporation Waterworks

Act, 1855, The Glasgow

Corporation Waterworks

CH.

xliii Glasgow Corporation Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

Session and

chapter or

number of

statutory

instrument

8Edw.7

c. cxx

9Edw.7

c. cxxxvii

1 & 2 Geo. 5

c. cxxviii

2 & 3 Geo. 5

c. xcv

2 & 3 Geo. 5

c. xcvi

2 & 3 Geo. 5

c. cxlix

4&5Geo.5

c. clxviii

4 & 5 Geo. 5

c. clxxviii

Title of Act or Order or

statutory instrument

Paisley District Tramways

Order Confirmation Act,

1908

Glasgow Corporation Act,

1909

Paisley District Tramways

Order Confirmation Act,

1911

Glasgow Boundaries Act,

1912

Glasgow Water

Act,

1912

GlasgowCorporationOrder

Confirmation

Act,

1912

Glasgow (Tramways

Bridges, &c.) Act, 1914

Glasgow Corporation Order

Confirmation

Act,

1914

Extent of repeal

Amendment Act, 1859,

The Glasgow Markets and

Slaughterhouses

Act,

1865,

The Clydebank Burgh

Tramways Order, 1901,

The Glasgow Corporation

(Tramways, &c.) Order,

1904 and The Glasgow

Corporation (Tramways

Consolidation) Order,

1905.

The whole Act and the

scheduled Order so far as

not already repealed.

In section 5 (2) paragraphs

(1),

(2) and (6); in section

16 (4) the words "The

Waterworks Clauses Act

1847;"

sections 19 to 31

and section 43; in

Schedule 2 the entries

relating to Water, Markets

and Tjamways; and

Schedules 5 and 6.

The whole Act and the

scheduled Order.

Sections 22 and 50; in

subsection

(3)

of section

55

the words "

(A)

the Water

Acts;

and (B)"; in

section 58 the word

" water " and the words

" water commissioners

and".

Sections 4 to 23 and 25 to

30;

and Schedules 1, 2,

3 and 4.

In the scheduled Order,

sections

6

to 11.

Sections 6, 7, 10 to 20 and

section 22; in section 53

the words " the Tramway

No.

15 the Street Work

No.

8 and" and the

words " the said Tramway

No.

15 the said Street

Work No. 8 and";

sections 54 and 55 and so

much of the Schedule as

relates to Street Works.

In the scheduled Order,

section 31.

Glasgow Corporation

Consolidation

{Water,

CH.

xliii

Transport and Markets) Order Confirmation Act 1964

Session and

chapter or

number of

statutory

instrument

Title of Act or Order or

statutory instrument Extent of repeal

5 & 6 Geo. 5

c. cv

8 & 9 Geo. 5

c. xxv

9 & 10 Geo. 5

c. xcvi

9 & 10 Geo. 5

c. cxiii

10

&

11

Geo. 5

c. xl

11 & 12

Geo. 5

C.

XV

12

&

13

Geo. 5

c. xlviii

13 Geo. 5 c. ii

13 & 14

Geo.

5

c. lii

15 Geo. 5 c. iv

15

&

16

Geo.

5

c. lxvii

15

&

16

Geo.

5

c. cxxxi

17

&

18

Geo.

5

c. lix

19 & 20

Geo.

5

c. ix

20&21Geo.5

c. xxxvii

20

& 21

Geo. 5

c. clxxvii

22

& 23

Geo. 5

c. xxiv

24

& 25

Geo.

5

c. lxix

25

& 26

Geo.

5

C.

XXXV

Glasgow Water Order

Confirmation Act, 1915

Glasgow Corporation Order

Confirmation Act, 1918

Glasgow Corporation Order

Confirmation Act, 1919

Glasgow Water Order Con-

firmation Act, 1919

Glasgow Corporation Order

Confirmation Act, 1920

Glasgow Corporation Order

Confirmation Act, 1921

Glasgow Corporation Order

Confirmation Act, 1922

Glasgow (Tramways &c.)

Order Confirmation Act,

1922 (Session 2)

Glasgow Corporation Order

Confirmation Act, 1923

Glasgow Corporation Order

Confirmation Act, 1924

Glasgow Corporation Order

Confirmation Act, 1925

Glasgow Boundaries Act,

1925

Glasgow Corporation Order

Confirmation Act, 1927

Glasgow Corporation Order

Confirmation Act, 1929

Glasgow Corporation Act,

1929

Glasgow Corporation Act,

1930

Glasgow Corporation Order

Confirmation Act, 1932

Glasgow Corporation Order

Confirmation Act, 1934

Glasgow Corporation Order

Confirmation Act, 1935

The whole Act and the

scheduled Order.

The whole Act and the

scheduled Order.

In the scheduled Order,

sections 5, 18 to 33 and

section 36 and the

schedule.

The whole Act and the

scheduled Order.

In the scheduled Order,

sections 11, 19,20,21,23

and 24 and the schedule.

In the scheduled Order

sections 16 to 18.

In the scheduled Order,

sections 5 to 39 and the

schedule.

The whole Act and the

scheduled Order so far as

not already repealed.

In the scheduled Order

sections 4 to 42 and

Schedules 1 to 4.

In the scheduled Order,

sections 4 to 24 and

Schedule 1.

In the scheduled Order,

sections 4 to 22,24,25,27

28 and 30 and the

schedule.

Sections 7, 26, 32 to 34 and

41.

In the scheduled Order,

sections 4, 31 to 58, 64 to

67 and section 72 and

Schedules 2, 3, 4 and 5.

In the scheduled Order,

sections 4, 20 to 32 and

section 39 and the

schedule.

Sections 16, 17, 27 and 28.

Sections

5

to

19

and

28

to 30.

In the scheduled Order,

sections 5, 6, 7 and 10.

In the scheduled Order,

sections 5 to 26 and

section 41.

In the scheduled Order,

section 4.

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport and Markets) Order Confirmation Act 1964

Session and

chapter or

number of

statutory

instrument

Title of Act or Order or

statutory instrument Extent of repeal

26 Geo. 5 & 1

Edw.

8

c.

xxi

1 Edw. 8 and 1

Geo.

6c.xxvi

& 2 Geo. 6

c. vi

& 3 Geo. 6

c. 1

& 4 Geo. 6

c.

ii

9 & 10 Geo. 6

c. xxvi

9 & 10 Geo. 6

c. lxi

ll&12Geo.6

c. vi

12 &

13

Geo.

6

c. xix

S.I. 1950 No.

2126 (g) 142

15

&

16

Geo.

6

&

1

Eliz. 2

c. i

1 & 2 Eliz. 2

c. ii

2 Eliz. 2 c. i

S.I. 1953 No.

666 (S. 59)

S.I. 1953 No.

1355

(S.

106)

2 & 3 Eliz. 2

c.

xi

S.I. 1954 No.

891 (S. 93)

S.I. 1955 No.

1431

(S.

132)

S.I. 1956 No.

1858 (S. 86)

4 & 5 Eliz. 2

c. lviii

Glasgow Corporation Order

Confirmation Act, 1936

Glasgow Corporation Order

Confirmation Act, 1937

Glasgow Boundaries Order

Confirmation Act, 1937

Glasgow Corporation Order

Confirmation Act, 1938

Glasgow Water and Tram-

ways Order Confirmation

Act, 1940

Glasgow Corporation Order

Confirmation Act, 1946

Glasgow Corporation Act,

1946

Glasgow Corporation Order

Confirmation Act, 1948

Glasgow Corporation Order

Confirmation Act, 1949

Glasgow Water Order, 1950

Glasgow Corporation Order

Confirmation Act, 1952

Glasgow Corporation Order

Confirmation Act, 1953

Glasgow Corporation

(Water &c.) Order Con-

firmation Act, 1953

Glasgow Water Order, 1953

Glasgow Water (West Main

Tunnel) Order, 1953

Glasgow Corporation Order

Confirmation Act, 1954

Glasgow Water (Glen

Finglas Works) Order,

1954

Glasgow and Paisley Water

Order, 1955

The Glasgow Water Bye-

laws (Extension of

Operation) Order, 1956.

Glasgow Corporation Order

Confirmation Act, 1956

In the scheduled Order,

sections 6 and 9.

In the scheduled Order,

sections 3 and 4.

In the scheduled Order,

sections 32, 35, 36 and

53.

In the scheduled Order,

section 3.

The whole Act and the

scheduled Order.

In the scheduled Order,

sections 4, 5, 8 and 11.

Section 7.

In the scheduled Order,

sections 44, 52 to 62, 64

and 68.

In the scheduled Order,

sections 16 and 17.

The whole Order.

In the scheduled Order,

sections 4 to 10 and

sections 14 and 15.

In the scheduled Order,

subsections (2) and (3) of

section 16 and section 21.

In the scheduled Order,

sections 4 to 9 and

Schedule 1.

The whole Order.

In the scheduled Order,

sections 3 to 6 and

section 8.

The whole Order.

Subsections (2) and (3) of

section 1; in section 2 the

definitions of " the

Corporation" and "the

added Glasgow areas";

section 3 and Part of the

schedule

The whole Order.

In the scheduled Order,

sections 6 and 7.

Glasgow Corporation Consolidation

(Water,

CH.

xliii 91

Transport and Markets) Order Confirmation Act 1964

Session and

chapter or

number of

statutory

instrument

5 & 6 Eliz. 2

C.

XIV

7 & 8 Eliz. 2

c. iv

7 & 8 Eliz. 2

C.

XX

8 & 9 Eliz. 2

C.

XX

Title of Act or Order or

statutory instrument

Glasgow Corporation Order

Confirmation Act, 1957

Glasgow Corporation

(Trolley Vehicles) Order,

1957

Glasgow Corporation Order

Confirmation Act, 1958

Glasgow Corporation Order

Confirmation Act, 1959

Glasgow Corporation Order

Confirmation Act, 1960

Glasgow Corporation

(Trolley Vehicles) Order,

1963

Extent of repeal

In the scheduled Order,

sections 3, 4 and 10 and

Schedules 1, 2 and 3.

The whole Order.

In the scheduled Order,

sections 3 and 4.

In the scheduled Order,

section 4.

In the scheduled Order,

sections 15 and 16.

The whole Order.

PRINTED BY THE SOLICITORS' LAW STATIONERY SOCIETY, LTD., FOR

SIR PERCY FAULKNER, K.B.E., C.B.

Controller of Her Majesty's Stationery Office and Queen's Printer of

Acts

of Parliament

92

CH.

xliii Glasgow Corporation

Consolidation

(Water,

Transport

and Markets) Order

Confirmation

Act 1964

LONDON: PUBLISHED BY HER MAJESTY'S STATIONERY OFFICE

Price

7J.

(ML net

nUNIXD IN ENGLAND

Glasgow Corporation Consolidation (Water, Transport and Markets) Order Confirmation Act 1964

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