Liverpool Overhead Railway Act 1956
| Jurisdiction | UK Non-devolved |
| Citation | 1956 c. lxxxii |
| Year | 1956 |
4 & 5 ELIZ. 2
Liverpool Overhead Railway
Qu lxxxii
Act, 1956
CHAPTER lxxxii
An Act to provide for the closing of the Liverpool over-
head railway and for the winding up and dissolution
of the Liverpool Overhead Railway Company to con-
firm an agreement between the Company and the
Mersey Docks and Harbour Board and for other
purposes. [2nd August 1956.]
-T¥7HEREAS—
(1) Under or by virtue of the Liverpool Overhead Railway
Company Act 1888 and other Acts the Liverpool Overhead
Railway Company (hereinafter called " the Company") has
constructed and is working by electric traction an overhead
railway which for the greater portion of its length is situate on
the Liverpool Estate of the Mersey Docks and Harbour Board
(hereinafter called " the board "):
(2) The Company holds and works its undertaking under
an agreement for a lease from the board and subject to the
terms and conditions set forth in the agreements scheduled
to and confirmed by the Liverpool Overhead Railway Company
Act 1888 the Mersey Docks and Harbour Board Act 1889 and
the Liverpool Overhead Railway Act 1911 and under and sub-
ject to other agreements and enactments contained in or
authorised by the Acts relating to the Company or its under-
taking:
(3) The issued capital of the Company consists of twelve
thousand five pounds per centum preference shares of ten pounds
each three thousand eight hundred and sixty-two five pounds
per centum preference shares (1900 issue) of ten pounds each and
fifty thousand ordinary shares of ten pounds each:
A2 1
Ch.
lxxxii
Liverpool Overhead Railway
4 & 5 ELIZ. 2
Act, 1956
(4) The Company was empowered by the Liverpool Overhead
Railway Act 1911 subject to the provisions of the agreement
between the Company and the board scheduled to that Act
to borrow any sum not exceeding in the whole two hundred
and twenty-six thousand five hundred pounds by the creation
and issue of debenture stock and in exercise of those powers the
Company created and issued debenture stock to the amount of
one hundred and sixty-eight thousand pounds:
(5) The said debenture stock was redeemable with the consent
of the board on the Company giving not less than six calendar
months' previous notice in writing to the holders of the said
stock expiring on the first day of January or the first day of
July in any year and the Company with the consent of the board
redeemed the said debenture stock on the first day of July
nineteen hundred and fifty-six:
(6) Much of the structure of the undertaking of the Company
requires renewal or repair but the cost thereof would be beyond
the resources of the Company:
(7) It is expedient to provide for the closing of the said
railway and for the winding up and dissolution of the Company
and to confirm the agreement between the board and the
Company which is set forth in the First Schedule to this Act:
(8) It is expedient to make such other provisions as in this
Act contained:
(9) The purposes of this Act cannot be effected without the
authority of Parliament:
May it therefore please Your Majesty that it may be enacted
and be it enacted by the Queen's most Excellent Majesty by
and with the advice and consent of the Lords Spiritual and
Temporal and Commons in this present Parliament assembled
and by the authority of the same as follows (that is to say):—
Short
title.
1. This Act may be cited as the Liverpool Overhead Railway
Act 1956.
Interpretation. 2.—(1) In this Act unless the subject or context otherwise
requires the following expressions have the meanings hereby
assigned to
them:
—
" the Act of 1948 " means the Companies Act 1948;
" the appointed day " means the thirtieth day of September
nineteen hundred and fifty-seven;
" the board " means the Mersey Docks and Harbour Board;
" the Bootle Corporation " means the mayor aldermen and
burgesses of the county borough of Bootle;
2
4 & 5 ELIZ. 2
Liverpool Overhead Railway
Ch. lxxxH
Act, 1956
" the Company " means the Liverpool Overhead Railway
Company;
" the Crosby Corporation " means the mayor aldermen and
burgesses of the borough of Crosby;
" the joint board " means the Rimrose Brook Joint Sewer-
age Board;
" the Liverpool Corporation " means the lord mayor alder-
men and citizens of the city of Liverpool;
" the Minister " means the Minister of Transport and Civil
Aviation;
" the relevant date " means the twenty-ninth day of Decem-
ber nineteen hundred and fifty^six or (if the Company
operates railway services for the use of the public
until the thirtieth day of June nineteen hundred and
fifty-seven) the twenty-ninth day of June nineteen
hundred and fifty-seven;
"the scheduled agreement" means the agreement dated
the sixteenth day of November nineteen hundred and
fifty-five made between the board of the one part and
the Company of the other part and set forth in the
First Schedule to this Act and (except for the purpose
of subsection (1) of section 7 (Confirmation of
scheduled agreement) of this Act) includes that agree-
ment as for the time being modified under the said
subsection (1);
" the tunnel" means the tunnel constructed by the Com-
pany at Dingle Toxteth Park in the city of Liverpool
in pursuance of its powers under the Liverpool Over-
head Railway Act 1892;
"the undertaking" means the railway of the Company
and includes the railway stations and all works and
conveniences connected with the said railway.
(2) Except where the context otherwise requires any refer-
ence in this Act to any enactment shall be construed as a
reference to that enactment as applied extended amended or
varied by or by virtue of any subsequent enactment including
this Act.
3.—(1)
As from the commencement of the appointed day Cessation
of
the Company shall cease to operate railway services for the services.
use of the public.
(2) During the period of four weeks ending on the relevant
date the Company shall—
(a) publish once in each of such weeks in one or more local
newspapers circulating in the city of Liverpool notice
of the impending discontinuance of its railway services;
and 3
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