Transport Act 1978

JurisdictionUK Non-devolved
Citation1978 c. 55
Year1978
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • In section 96 of the 1968 Act (restrictions on drivers’ hours) , after subsection (11A) (added by the
  • he proves the matters specified in paragraph (i) of subsection (11) ; orbeing charged as the offender’s employer or a person to whose orders the offender was subject, he proves the matters specified in paragraph (ii) of that subsection.
  • It shall be the duty of the Secretary of State to promote a national policy for the use of inland waterways for commercial transport.
  • (1) On the appointed day there shall be transferred to, and vested in, the British Railways Board all those securities (within the meaning of the 1968 Act) of Freightliners Limited which immediately before that day are vested in the National Freight Corporation.any liabilities of N.F.C. under guarantees given by them in respect of obligations of Freightliners Limited shall be transferred to, and become liabilities of, that Board; andthe rights and liabilities of N.F.C. under contracts of employment with persons employed by them wholly or mainly in connection with the undertaking of Freightliners Limited shall be transferred to, and become rights and liabilities of, the Board.section 135(1) (regulations as to compensation of employees) ; andSchedule 4 (supplementary provisions about transfers of property etc.) ,(4) Section 136(2) and (4) of the 1968 Act (transfers in connection with pension schemes and preservation of pension rights) apply in the same way; and for the purposes of section 136(4) (c) , Freightliners Limited is to be treated (despite section 51(5) of that Act, which made it a joint subsidiary both of the British Railways Board and N.F.C.) as having become a subsidiary of the British Railways Board only on the appointed day.in section 7(4) (b) (restriction on alteration of proportion of interests in Freightliners Limited by means of a scheme) , for the words from the beginning to “entitled in” substitute “for transferring any intreest in securities of”;in section 42(3) (power of Secretary of State to vary amount of commencing capital debt of British Railways Board) , for the words “specified in subsection (2) (b) of this section” onwards substitute “of the commencing capital debt of the Board as determined by or under any enactment for the time being in force, where that appears to him expedient to take account of any transfer of property, rights or liabilities under section 7(5) or (6) or 8(4) of this Act”; andin paragraph 3 of Schedule 2 (power of Secretary of State to vary commencing capital debt of N.F.C. etc.) , for the words from “where that appears” to “of this Act; or” substitute “or, in the case of the Freight Corporation, its commencing capital debt as determined by or under any enactment for the time being in force, where that appears to him expedient to take account”.where it appears to them expedient with a view only to achieving the more productive use of road vehicles predominantly used for the carriage of containers which have been or are to be carried by rail, to use such vehicles for any carriage of containers; andwhere they have entered into a contract for the carriage of containers or goods in containers (with or without provisions in the contract specifying whether the carriage is to be by road or by rail) , and the contract is to be performed predominantly by rail carriage, to use any road vehicles in partial discharge of their obligations under the contract;(7) The annual report made by the Board under section 4 of the (8) In this section “the appointed day” means the day appointed under section 24(1) below for the coming into force of this section.

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