Transport Act 1962
| Jurisdiction | UK Non-devolved |
| Citation | 1962 c. 46 |
| Year | 1962 |
Transport Act, 1962
(10 & 11 Eliz. 2) CHAPTER 46
An Act to provide for the re-organisation of the nationalised transport undertakings now carried on under the Transport Act, 1947, and for that purpose to provide for the establishment of public authorities as successors to the British Transport Commission, and for the transfer to them of undertakings, parts of undertakings, property, rights, obligations and liabilities; to repeal certain enactments relating to transport charges and facilities and to amend in other respects the law relating to transport, inland waterways, harbours and port facilities; and for purposes connected with the matters aforesaid.
B e 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:—
Part I
The Boards and the Holding Company
Preliminary
1 The four Boards.
(1) For the purposes of this Act there shall be four public authorities to be called—
the British Railways Board (in this Act referred to as the ‘Railways Board’);
the London Transport Board (in this Act referred to as the ‘London Board’);
the British Transport Docks Board (in this Act referred to as the ‘Docks Board’); and
the British Waterways Board,
among whom the functions and (subject to the provisions of this Act relating to the Holding Company) the property of the British Transport Commission (hereinafter referred to as ‘the Commission’) shall be divided in accordance with this Act.
(2) The chairman of each Board shall be appointed by the Minister, and the other members of each Board (including any vice chairman) shall be appointed by the Minister after consultation with the chairman of that Board.
(3) The British Railways Board shall consist of a chairman a vice chairman, or two vice chairmen, and not more than sixteen nor less than ten other members; the chairmen and other members of the Board shall be appointed from among persons who appear to the Minister to have had wide experience of, and to have shown capacity in, transport, industrial, commercial or financial matters, administration, applied science, or the organisation of workers, and the Minister in appointing them shall have regard to the desirability of having members who are familiar with the special requirements and circumstances of particular regions and areas served by the Board.
(4) The London Transport Board shall consist of a chairman a vice chairman and not more than nine nor less than four other members; the chairmen and other members of the Board shall be appointed from among persons who appear to the Minister to have had wide experience of, and to have shown capacity in, urban transport, industrial, commercial or financial matters, administration, applied science, or the organisation of workers.
(5) The British Transport Docks Board shall consist of a chairman, a vice chairman and not more than nine nor less than four other members; the chairmen and other members of the Board shall be appointed from among persons who appear to the Minister to have had wide experience of, and to have shown capacity in, the operation, management or administration of docks, or transport, industrial, commercial or financial matters, administration, applied science, or the organisation of workers, and the Minister in appointing them shall have regard to the desirability of having members who are familiar with the special requirements and circumstances of particular regions and areas served by the Board.
(6) The British Waterways Board shall consist of a chairman, a vice chairman and not more than nine nor less than four other members; the chairmen and other members of the Board shall be appointed from among persons who appear to the Minister to have had wide experience of, and to have shown capacity in, the operation, management or administration of inland navigations or related matters or who appear to him to have special knowledge relating to some important aspect of the Board's work or to have had wide experience of, and to have shown capacity in, transport, industrial, commercial or financial matters, administration, applied science or the organisation of workers, and the Minister in appointing them shall have regard to the desirability of having members who are familiar with the special requirements and circumstances of particular regions and areas served by the Board.
(7) Part I of the First Schedule to this Act shall have effect as regards the constitution and proceedings of the Boards, and as regards their members.
2 The Regional Railway Boards.
(1) The Railways Board shall set up Boards (hereafter in this Act referred to as ‘Regional Railway Boards’) which shall, in accordance with the provisions of this section, share between them responsibility for all parts of the national railway system.
(2) In the first instance there shall be six Regional Railway Boards to be known as—
the Eastern Railway Board,
the London Midland Railway Board,
the North Eastern Railway Board,
the Scottish Railway Board,
the Southern Railway Board,
the Western Railway Board,
but the Minister may, after consulting the Railways Board, by order alter the number of Regional Railway Boards or give them names or new names.
An order made under this subsection may vary a previous order so made and shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Part II of the First Schedule to this Act shall have effect as regards the constitution and proceedings of Regional Railway Boards, and as regards their members.
(4) Each Regional Railway Board shall, on behalf of the Railways Board, exercise such functions of the Railways Board as respects the part of the national railway system for the management of which that Regional Railway Board is to be responsible as are for the time being delegated to them by the Railways Board; and the Railways Board shall, in determining what functions are to be so delegated by them, act on lines settled from time to time with the approval of the Minister.
(5) The Railways Board shall from time to time determine the parts of the national railway system for the management of which the Regional Railway Boards are to be responsible.
The Railways Board shall publish in the London and Edinburgh Gazettes notice of any determination made by them under this subsection, stating the places at which copies of the maps, plans and other documents which implement the determination may be inspected by the public, and shall at all times afford reasonable facilities in appropriate places for inspection by the public of such maps, plans and other documents authenticated by a certificate in writing by the Railways Board.
The Railways Board
3 Duty and powers of Railways Board.
(1) It shall be the duty of the Railways Board in the exercise of their powers under this Act to provide railway services in Great Britain and, in connection with the provision of railway services, to provide such other services and facilities as appear to the Board to be expedient, and to have due regard, as respects all those railway and other services and facilities, to efficiency, economy and safety of operation.
(2) The Railways Board shall co-operate with the London Board for the purpose of ensuring that the railway services provided by the Railways Board in the London Passenger Transport Area are properly co-ordinated with the services provided by the London Board, and shall afford to the London Board such information of proposed changes in their railway services in the said Area, and such opportunities for consultation, as the London Board may reasonably require for that purpose.
(3) Subject to this Act, the Railways Board shall have power—
( a ) to carry goods and passengers by rail within Great Britain,
( b ) in the circumstances specified in the next following section, to carry goods and passengers by road,
( c ) to operate the harbours owned or managed by the Railways Board, and to provide port facilities at those harbours,
( d ) to consign goods on behalf of other persons from any place in Great Britain, or from any place to which the Railways Board have themselves carried the goods in question to any other place, whether in Great Britain or elsewhere,
( e ) to store within Great Britain goods which have been or are to be carried by the Railways Board, and, so far as any premises provided for the purposes of that or any other part of their business are not required for those purposes, to use them to provide facilities for the storage of other goods,
( f ) to enter into and carry out agreements—
(i) with carriers outside Great Britain for the through carriage of goods and passengers under one contract or at a through charge or in the same vehicles or containers, and
(ii) with any person engaged in coastal shipping for co-ordinating the activities of that person with those of the Board, and in particular for facilitating the through carriage of goods, for the quoting of through rates and for the pooling of receipts or expenses.
(4) Subsections (1) and (2) of this section shall not be construed as imposing, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject.
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