Liverpool Overhead Railway Act 1956

Publication Date:January 01, 1956


Liverpool Overhead Railway Act 1956

(4 & 5 Eliz. 2) c. lxxxii

An Act to provide for the closing of the Liverpool overhead railway and for the winding up and dissolution of the Liverpool Overhead Railway Company to confirm an agreement between the Company and the Mersey Docks and Harbour Board and for other purposes.

[2nd August 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.] -T7HEREAS 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 "): 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 subject to other agreements and enactments contained in or authorised by the Acts relating to the Company or its undertaking: 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 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: 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: 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: 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: It is expedient to make such other provisions as in this Act contained: 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 Sewerage Board; " the Liverpool Corporation " means the lord mayor aldermen 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 December 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 agreement as for the time being modified under the said subsection (1); " the tunnel" means the tunnel constructed by the Company at Dingle Toxteth Park in the city of Liverpool in pursuance of its powers under the Liverpool Overhead 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 reference 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 Ch. lxxxii Liverpool Overhead Railway Act, 1956 4 & 5 Euz. 2 Winding up of Company. Power to demolish undertaking. (b) exhibit a copy of such notice continuously and prominently at or near each entrance to each of the Company's railway stations. 4.(1) As from the appointed day the provisions of the Act of 1948 shall (subject as hereinafter mentioned) apply to the Company and in relation to its affairs as though it were a company within the meaning of that Act which had on the appointed day resolved by special resolution that it should be wound up voluntarily in accordance with the provisions of section 278 of that Act Provided that section 143 of that Act shall not apply. The Company shall within fourteen days after the appointed day give notice by advertisement in the London Gazette of the provisions of subsection (1) of this section as to the voluntary winding up of the Company and the publication of the said advertisement shall be deemed to be compliance with the requirements of section 279 of the Act of 1948. It shall not be necessary for the directors of the Company to make any such declaration as is referred to in section 283 of the Act of 1948 but subject to the provisions of this Act the Company shall be wound up under and in accordance with the provisions of the Act of 1948 applicable to a members' voluntary winding up. The provisions of section 287 of the Act of 1948 shall not apply. Section 288 of the Act of 1948 shall apply as if for the reference to the period therein mentioned there were substituted a reference to a period of twelve months from the completion of the demolition of the undertaking and removal of materials under paragraph (a) of subsection (1) of section 5 (Power to demolish undertaking) of this Act. 5.(1) (a) As soon as reasonably may be after the appointed day the Company shall subject to the provisions of this Act and of the scheduled agreement and notwithstanding anything contained in any previous enactment take such steps as it may find necessary for demolishing the undertaking and for removing the materials thereof other than (i) the tunnel; (ii) Dingle Station; (iii) so much of the undertaking as will be comprised in the new lease referred to in clause 10 of the scheduled agreement; (iv) the Stanley Bridge referred to in clause 9 of the scheduled agreement; 4 4 & 5 Eliz. 2 Liverpool Overhead Railway Gh. IxxxM Act, 1956 iv) the items referred to in clause 7 of the scheduled agreement; (vi) any other part of the undertaking erected on land belonging to the board the retention of which is approved by the board and (if such land is adjacent to a highway but not otherwise) by the highway authority; and (vii) any other part of the undertaking erected on or adjacent to any highway but not on land belonging to the board the retention of which is approved by the highway authority; and thereafter the demolition and removal of materials shall be carried out with all reasonable dispatch: Provided that any approval required under the provisions of this subsection may be given subject to terms and conditions but in the case of approval by a highway authority such approval shall not be unreasonably withheld nor shall it be given subject to unreasonable terms and conditions and any question which may arise between the Company and a highway authority as to whether or not such approval has been unreasonably withheld or as to whether any terms or conditions attached to any approval are or are not unreasonable shall be referred to and determined by an arbitrator. (b) For the purposes of demolishing and removing the undertaking the Company may after giving not less than seven days' notice to the highway authority break up...

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