Weekly Epidemiological Record, 1990, vol. 65, 15 [full issue]
Without prejudice to any powers conferred on them by any other enactment, the Railways Board shall have power to provide for the disposal, in such manner as they think fit, of—
any securities of one of their subsidiaries which are held by the Board or by another of their subsidiaries ; or
the whole or any part of the undertaking of, or of any property, rights or liabilities of, any of their subsidiaries.
The Board shall not exercise their powers under subsection (1)(a) above except with the consent of the Secretary of State.
For the purpose of facilitating the eventual disposal under this section of any part of their undertaking or of any property, rights or liabilities the Board may exercise their powers to establish subsidiaries and to transfer property, rights and liabilities to subsidiaries under section 7 of the Transport Act 1968, notwithstanding any provision of any enactment which may be taken to limit the circumstances in which, or the purposes for which, those powers may be exercised.
In exercising their powers under this section the Board may, with the consent of the Secretary of State, provide for employees' share schemes to be established in respect of any of their subsidiaries; and any such scheme may provide for the transfer of shares without consideration.
In this section " employees' share schemes" means schemes for encouraging or facilitating the holding of shares or debentures in a company by or for the benefit of—
the bona fide employees or former employees of the company or of a subsidiary of the company; or
the wives, husbands, widows, widowers or children or step-children under the age of 18 of such employees or former employees.
The Railways Board shall secure that—
a company (the "harbours company") limited by shares, the objects of which include the acquisition of property, rights and liabilities in accordance with the provisions of this Part, is formed by Sealink and registered under the Companies Act 1948 before the expiry of the initial period ; and
the harbours undertaking of Sealink is transferred to the harbours company.
For the purposes of this section the harbours undertaking of Sealink shall be taken to be—
all the property, rights and liabilities comprised in that part of Sealink's undertaking which consists of the following harbours— Folkestone, Harwich, Heysham, Holyhead, New-haven, Parkeston Quay, Stranraer, Gravesend West Station Pier, Tilbury Floating Landing Stage, Ryde Pier, Lymington Pier, New Holland Pier, Fishbourne and Portsmouth Harbour Railway Jetty ; and
the securities of the Fishguard and Rosslare Railways and Harbours Company held by Sealink.
In consideration of the transfer of property, rights and liabilities in accordance with this section the harbours company shall issue securities of the company to Sealink.
Sealink shall make, and before the expiry of the initial period send to the Secretary of State, a scheme for the transfer to the harbours company of all the property, rights and liabilities which are required by this section to be so transferred.
The scheme may contain such supplementary, incidental and consequential provision as may appear to Sealink to be necessary or expedient.
The scheme shall not come into force unless it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify ; and the Secretary of State may approve a scheme either without modifications or with such modifications as, after consultation with Sealink, he thinks fit.
On the coming into force of the scheme the property, rights and liabilities in question shall, subject to subsection (8) below, be transferred and vest in accordance with the scheme.
Schedule 4 to the Transport Act 1968 (supplementary provisions as to certain transfers of property, rights and liabilities) shall apply in relation to the scheme as it applies in relation to any scheme made under section 7 of that Act.
The Secretary of State may, after consultation with the Railways Board, give directions to the Board requiring them—
to exercise their powers under section 1 of this Act in a specified manner and in relation to a specified subsidiary;
to establish a subsidiary and exercise their powers under section 7 of the Transport Act 1968 (transfer of property, rights and liabilities to subsidiaries) in a specified manner.
It shall be the duty of the Board (notwithstanding any duty imposed on them by section 3(1) of the Transport Act 1962) to give effect to any directions given under this section.
In this section " specified " means specified in directions given by the Secretary of State under this section.
Any directions under this section shall be given in writing.
In section 4(5) of the Railways Act 1974 (duty of Board to include certain information in the annual report made under section 4), after the words " 1962 Act", in paragraph (b), there are inserted the words " section 3 of the Transport Act 1981 ".
Schedule 1 to this Act has effect for the purpose of making certain provisions supplementing sections 1 to 3 of this Act.
In this Part of this Act—
“the appointed day” has the meaning given by section 5(4);
" initial period " means the period of three months beginning with the commencement of this Part;
Sections 14(6) and 16(8) (which make all harbour revision and empowerment orders subject to special parliamentary procedure) are repealed; but Schedule 3 is amended as follows. In Part I of that Schedule (procedure for making orders on application to the Secretary of State), after paragraph 4 there is inserted—. In paragraph 5 (duties of applicant after making of order), at the end of sub-paragraph (a) (duty to publish notices) there is inserted “ and further stating, in the case of anorder to which paragraph 4B above does not apply, whether the order is affected by the provisions of paragraph 4A above and, where it is not so affected, the date on which it came or will come into operation ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
" Sealink " means Sealink U.K. Limited;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The preceding provisions of this paragraph do not apply to a harbour revision or empowerment order in relation to which the notices required by paragraph 3(a) or 7(a) of Schedule 3 have been published before this paragraph comes into force.
As from the appointed day, the British Transport Docks Board shall be known as Associated British Ports and the following provisions of this Part have effect with respect to the constitution, powers and duties of that body.
As from the appointed day, a company (referred to in this Part as “the Holding Company”) shall have the powers in relation to Associated British Ports conferred on it by the following provisions of this Part, being powers corresponding to the powers of a holding company over a wholly-owned subsidiary; and for the purposes of any enactment Associated British Ports shall be deemed to be such a subsidiary of the Holding Company.
The Secretary of State shall by order made by statutory instrument taking effect on the appointed day designate as the Holding Company a company limited by shares, formed and registered under the Companies Act 1948, in which all the issued shares are held by the Secretary of State or by nominees for him.
In this Part the “appointed day” means such day as the Secretary of State may, with the consent of the Treasury, appoint for the purposes of this section by order made by statutory instrument.
The commencing capital debt of Associated British Ports and any liability of Associated British Ports in respect of sums borrowed from the Secretary of State are extinguished as from the appointed day.
On the appointed day—
Associated British Ports shall issue to the Holding Company such securities, and pay to the Holding Company such sum of money, as the Secretary of State may direct; and
the Holding Company shall issue to the Secretary of State or, if he so directs, to nominees for him such shares and securities of the company, and shall pay to him such sum of money, as he may direct.
Shares issued in pursuance of subsection (2)(b) shall be of such nominal value and shall be deemed to have been issued for such consideration as the Secretary of State may direct.
The Secretary of State may give directions as to the manner in which the various matters provided for by the preceding provisions of this section are to be dealt with in the accounts of Associated British Ports and the Holding Company for the period beginning with or including the appointed day.
In ascertaining for the purposes of section 39 of the Companies Act 1980 the profits of the Holding Company which are available for distribution, any amount which by virtue of the Secretary of State’s direction is to be treated as a revenue reserve of the company shall be treated as accumulated, realised profits of the company.
In ascertaining for the purposes of section 56 of the Companies Act 1948 what amount falls to be treated as a premium received on the issues of shares by the Holding Company in pursuance of subsection (2)(b), the amount which in accordance with the Secretary of State’s direction is to be deemed to be the consideration for the issue shall be taken to be reduced by such amount as the Secretary of State may direct to be treated as a revenue reserve of the company.
The Secretary of State shall not give any directions for the purposes of this section without the consent of the Treasury, and shares or securities of the Holding Company held by the Secretary of State or by nominees for him shall not be disposed of except with the consent of the Treasury and in such manner and on such terms as the Treasury may direct.
There shall be paid into the Consolidated Fund—
any sum paid to the Secretary of State by the Holding Company under subsection (2)(b);
any dividends or other sums received by the Secretary of State or his nominees in right of, on the disposal of or otherwise in connection with any shares or securities of the Holding Company.
Directions given by the Secretary of State under this section to Associated British Ports or the Holding Company shall be in writing.
The first report prepared by the directors of the Holding Company under section 157 of the Companies Act 1948 after the appointed day shall contain a statement of every direction given by the Secretary of State under this section.
Associated British Ports continues to be a body corporate.
The members of Associated British Ports shall be known as directors.
The number of directors of Associated British Ports shall be determined by the Holding Company from time to time, but shall not be less than five or more than thirteen.
The directors of Associated British Ports shall be appointed by the Holding Company for such period as the Holding Company may determine but, without prejudice to any claim for damages for breach of contract, may be removed by the Holding Company at any time.
The provisions of Schedule 2 have effect with respect to the constitution and proceedings of Associated British Ports and related matters.
The provisions of Schedule 3 have effect with respect to the powers of Associated British Ports.
In favour of a person dealing in good faith with Associated British Ports, any transaction decided on by the directors of Associated British Ports shall be deemed to be one which it is within the capacity of Associated British Ports to enter into and the power of the directors shall be deemed to be free of any limitation imposed by or by virtue of any provision of this Part.
A person dealing with Associated British Ports is not bound to enquire as to the capacity of Associated British Ports to enter into a transaction or as to any such limitation on the powers of the directors as is mentioned in subsection (2), and shall be presumed to have acted in good faith unless the contrary is proved.
Associated British Ports shall exercise its control over its subsidiaries so as to ensure that they do not engage in activities which Associated British Ports itself has no power to engage in.
It is the duty of Associated British Ports to provide port facilities at its harbours to such extent as it may think expedient.
Associated British Ports shall have due regard to efficiency, economy and safety of operation as respects the services and facilities provided by it and its subsidiaries.
In the performance of its functions Associated British Ports shall have regard to the interests in general of its employees and the employees of its subsidiaries.
This section does not impose any form of duty or liability enforceable, either directly or indirectly, by proceedings before any court.
The provisions of The Companies Acts mentioned in subsection (2) apply to Associated British Ports, subject to the adaptations specified in subsection (3), as if Associated British Ports were a public company registered in England and Wales under the Companies Act 2006 and as if the directors of Associated British Ports were the directors of such a company; and the supplementary provisions of those Acts relating to the interpretation, operation and enforcement of those provisions apply accordingly.
The provisions of the Companies Acts referred to in subsection (1) are the following— Subject matter Provisions applied 1. Financial assistance for purchase of shares, &c. Chapter 2 of Part 18 of the Companies Act 2006. 2. Registration of charges. Chapter 1 of Part 25 of that Act. 3. Accounts and reports. Part 15 of that Act. 4. Audit. Part 16 of that Act. 5. Disclosure by directors of interests in contracts, &c. Chapter 3 of Part 10 of that Act. 6. Power of Court to give relief in certain cases. Section 1157 of that Act. 7. Restrictions on distributions. Part 23 of that Act.
The provisions mentioned in subsection (2) apply to Associated British Ports with the following adaptations—
any reference to the date of incorporation of Associated British Ports shall be construed as a reference to the appointed day;
any reference to the registered office of Associated British Ports shall be construed as a reference to its principal office;
any reference to the members of Associated British Ports shall be construed as a reference to the Holding Company and any reference to shares in Associated British Ports shall be disregarded;
documents required to be laid before Associated British Ports in general meeting shall instead be sent to the Holding Company, and any reference to documents so laid shall be construed accordingly.
The Secretary of State may by regulations make such amendments of subsections (1) to (3) as appear to him necessary or expedient in consequence of changes in company law coming into force after the passing of this Act.
Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The directors of Associated British Ports shall from time to time pay to the Holding Company such sums as appear to them to be justified by the profits of Associated British Ports.
For the purpose of sections 830 and 831 of the Companies Act 2006 (restrictions on distributions) such payments by Associated British Ports are distributions.
For the purpose of section 831 of the Companies Act 2006 (restriction on extent to which distributions may reduce a company’s net assets) the undistributable reserves of Associated British Ports include—
any capital reserve arising from the capital debts extinguished by section 6(1);
any reserve arising from payments made by the Holding Company on terms that the amount paid form part of Associated British Ports’ undistributable reserves.
In section 416(3) of the Companies Act 2006 (directors’ report) as it applies to Associated British Ports the reference to the amount recommended by the directors to be paid by way of dividend shall be construed as a reference to the amount proposed by them to be paid to the Holding Company under subsection (1).
Associated British Ports shall keep at its principal office— and those documents shall, during normal business hours, be made available for inspection by any person on request.
a copy of any rules for the time being prescribed by the Holding Company under paragraph 4 of Schedule 2 with respect to the proceedings of the directors of Associated British Ports;
a statement of the limit for the time being set by the Holding Company under paragraph 21(5) of Schedule 3 on the aggregate amount of borrowing and guarantees by Associated British Ports and its subsidiaries; and
a statement of any restrictions for the time being imposed by the Holding Company under paragraph 22 of that Schedule on the financial arrangements which may be entered into by Associated British Ports and its subsidiaries;
It is an offence for Associated British Ports to fail to comply with a request under subsection (1).
An offence under subsection (2) is punishable on summary conviction with a fine not exceeding level 3 on the standard scale.
The Holding Company may nominate another company to be Holding Company in its place and, subject to subsection (2), the provisions of this Part thenceforth have effect as if references to the Holding Company were references to the nominated company.
A nomination under this section does not affect references to the Holding Company in section 6, this subsection and paragraphs 4, 7(1) and (4) and 8 of Schedule 4; and those references remain references to the company designated under section 5(3).
A nomination under this section does not affect the validity of anything done before the nomination takes effect by or in relation to the company making the nomination, and anything which when the nomination takes effect is in process of being done by or in relation to that company may, if it relates to any functions transferred by virtue of the nomination, be continued by or in relation to the company nominated.
Any appointment or rule made, limit set, restriction imposed, or other thing done by or on behalf of a company making a nomination under this section in connection with any functions transferred by virtue of the nomination shall, if in force when the nomination takes effect, have effect as if made, set, imposed or done by or on behalf of the nominated company so far as that is required for continuing its effect after the nomination takes effect.
A company may not be nominated under this section unless it is controlled by the company designated under section 5(3); and if a company so nominated ceases to be so controlled—
its functions as Holding Company cease to be exercisable except for the power conferred by this section; and
it shall forthwith nominate under this section the company designated under section 5(3) or a company controlled by that company.
In this section “company” means a company limited by shares which is formed and registered under the Companies Act 2006; and for the purposes of this section a company is controlled by another company if, and only if, all the issued voting shares in the company are held by that other company or by a company controlled by that other company.
The provisions of Part I of Schedule 4, being provisions supplementary to or consequential on the other provisions of this Part, have effect as from the appointed day.
The other provisions of this Part have effect subject to the transitional provisions and savings contained in Part II of that Schedule.
In this Part—
" the appointed day " has the meaning given by section 5(4);
“shares” includes stock;
the constructing, improving, maintaining, regulating, managing, marking or lighting of a harbour or any part thereof ;
“subsidiary” means a subsidiary as defined in section 1159 of the Companies Act 2006;
the loading or unloading of goods, or embarking or disembarking of passengers, in or from any such ship;
“the appointed day” means the day appointed by the Secretary of State under subsection (1);
the movement of goods within a harbour;
“the Holding Company”, subject to section 13(1), means the company designated by the Secretary of State under section 5(3);
the constructing, improving, maintaining, regulating, managing, marking or lighting of a harbour or any part thereof;
the berthing, towing, moving or dry-docking of a ship which is in, or is about to enter, or has recently left, a harbour;
the loading or unloading of goods, or embarking or disembarking of passengers, in or from any such ship;
the lighterage or the sorting, weighing, warehousing or handling of goods in a harbour; and
the movement of goods within a harbour;
“securities”, in relation to a body corporate, includes debentures, debenture stock, bonds and other securities of the body corporate, whether or not constituting a charge on the assets of that body;
“wholly-owned subsidiary” means a subsidiary all the issued shares of which are beneficially owned by the body of which it is a subsidiary, or by one or more other wholly-owned subsidiaries of that body, or partly by that body and partly by any wholly-owned subsidiary of that body.
References in this Part to Associated British Ports’ business or undertaking include any business or undertaking carried on by a subsidiary of Associated British Ports.
References in this Part to Associated British Ports’ harbours include any harbour for the time being owned or managed by Associated British Ports or by any of its subsidiaries.
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so much of any enactment as requires any person to consult, or do anything else in relation to, the Council, or makes consultation with, or the doing of anything else in relation to, the Council a condition precedent to the taking of any action by any person, shall cease to have effect; and
all the property, rights, liabilities and obligations which immediately before the appointed day were property, rights, liabilities and obligations of the Council shall, by virtue of this section, become property, rights, liabilities and obligations of the Secretary of State.
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In ... Part I of Schedule 5—
" the appointed day" means the day appointed by the Secretary of State under subsection (1);
The Secretary of State shall levy from harbour authorities such contributions as appear to him necessary to meet the expenses specified in subsection (2) ....
The expenses referred to in subsection (1) are—
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expenses incurred by him under paragraph ... 8(4)(b) or 9(5) of Schedule 5.
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all sums received by him by virtue of section 15(1)(b) or paragraph 4(2)(b) of Schedule 5, and
a further contribution of £1.5 million, made by such instalments as he may determine with the consent of the Treasury.
Sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.
In this section and section 17 “harbour authority” means a person engaged (whether or not in the exercise of statutory functions) in improving, maintaining or managing a harbour within the meaning of the Harbours Act 1964.
Contributions under section 16 shall be levied by means of one or more schemes made by the Secretary of State, referred to in this section as “charging schemes”.
A charging scheme shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A charging scheme may apply to all harbour authorities, subject to subsection (4), to harbour authorities of a particular class or to particular harbour authorities, and may make provision for levying different contributions from different harbour authorities to whom it applies.
No contribution shall be levied from a harbour authority under a charging scheme if the only harbour being improved, maintained or managed by them is a fishery harbour or marine work within the meaning of the Harbours Act 1964.
The provisions of Part II of Schedule 5 have effect with respect to charging schemes.
The Harbours Act 1964 is amended in accordance with Schedule 6.
With the exception of paragraph 10, the provisions of Schedule 6 come into force on the day appointed by the Secretary of State under section 15(1).
Paragraph 10 of Schedule 6 comes into force on such day as the Secretary of State may appoint by order made by statutory instrument.
So far as may be necessary for the purposes of any amendment by this Act of the Harbours Act 1964, references in that Act to the Minister shall be construed as references to the Secretary of State.
Where a person is convicted of an offence involving obligatory or discretionary disqualification and the court does not order him to be disqualified (whether on that or any other conviction) but orders particulars of the conviction to be endorsed under section 101 of the 1972 Act, the endorsement ordered shall include— but if a person is convicted of two or more such offences the number of penalty points to be endorsed in respect of those of them that were committed on the same occasion shall be the number or highest number that would be endorsed on a conviction of one of those offences.
particulars of the offence, including the date when it was committed; and
the number of penalty points shown in respect of the offence in Schedule 7 to this Act (or, where a range of numbers is so shown, a number falling within the range);
Where a person is convicted of an offence involving obligatory or discretionary disqualification and the penalty points to be taken into account under subsection (3) number twelve or more, the court shall order him to be disqualified for not less than the minimum period defined in subsection (4) unless the court is satisfied, having regard to all the circumstances not excluded by subsection (6), that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.
The penalty points to be taken into account on the occasion of a person's conviction are— but if any of the offences was committed more than three years before another the penalty points in respect of that offence shall not be added to those in respect of the other.
any that on that occasion will be ordered to be endorsed on any licence held by him or would be so ordered if he were not then ordered to be disqualified ; and
any that were on a previous occasion ordered to be so endorsed, unless the offender has since that occasion and before the conviction been disqualified, whether under subsection (2) or under section 93 of the 1972 Act;
The minimum period referred to in subsection (2) is— and a previous disqualification imposed on an offender is to be taken into account if it was imposed within the three years immediately preceding the commission of the latest offence in respect of which penalty points are taken into account under subsection (3).
six months if no previous disqualification imposed on the offender is to be taken into account; and
one year if one, and two years if more than one, such disqualification is to be taken into account;
Where an offender is convicted on the same occasion of more than one offence involving obligatory or discretionary disqualification—
not more than one disqualification shall be imposed on him under subsection (2); and
in determining the period of the disqualification the court shall take into account all the offences; and
for the purposes of any appeal any disqualification imposed under subsection (2) shall be treated as an order made on the conviction of each of the offences.
No account is to be taken under subsection (2) of—
any circumstances that are alleged to make the offence or any of the offences not a serious one;
hardship, other than exceptional hardship ; or
any circumstances which, within the three years immediately preceding the conviction, have been taken into account under that subsection in ordering the offender to be disqualified for a shorter period or not ordering him to be disqualified.
For the purposes of this section—
an order for endorsement which was made before the commencement of this section counts as an order made in pursuance of subsection (1) for the endorsement of 3 penalty points, unless a disqualification was imposed on the offender on that or any subsequent occasion; and
circumstances which have been taken into account under section 93(3) of the 1972 Act in ordering an offender to be disqualified for a shorter period or not ordering him to be disqualified shall be treated as having been so taken into account under subsection (2) of this section.
The Secretary of State may by order made by statutory instrument— but no such order shall be made unless a draft of it has been laid before Parliament and approved by resolution of each House of Parliament.
alter the number of penalty points shown in Schedule 7 in respect of an offence (or, where a range of numbers is shown, alter that range); and
provide for different numbers to be so shown in respect of the same offence committed in different circumstances ;
References in this section to disqualification do not include a disqualification imposed under section 103 of the 1972 Act (interim disqualification on committal to Crown Court) or section 44 of the Powers of Criminal Courts Act 1973 (disqualification by Crown Court where vehicle was used for commission of offence).
Where, in pursuance of section 93(5) of the 1972 Act, a period of disqualification was imposed on an offender in addition to any other period or periods then, for the purpose of determining whether an application may be made under section 95 of that Act for the removal of either or any of the disqualifications the periods shall be treated as one continuous period of disqualification.
Where— then, if he is convicted of that offence, the court by or before which he is convicted shall have the same powers and duties regarding an order for disqualification as had the court which dealt with him for the endorseable offence but shall in dealing with him take into account any order made on his conviction of the endorseable offence.
in dealing with a person convicted of an endorseable offence a court was deceived regarding any circumstances that were or might have been taken into account in deciding whether or for how long to disqualify him ; and
the deception constituted or was due to an offence committed by that person;
In this section " endorseable offence " means an offence involving obligatory or discretionary disqualification.
The following subsection is inserted after subsection (3) of section 161 of the 1972 Act: —.
but regulations may authorise or require the Secretary of State to refuse a provisional licence authorising the driving of a motor cycle of a prescribed class if the applicant has held such a provisional licence and the licence applied for would come into force within the prescribed period beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor cycle or beginning at such other time as may be prescribed.
In section 88 of the 1972 Act the following is substituted for paragraph (c) of subsection (2) (provisional licence not to authorise driving of certain motor cycles): — and after that subsection there are inserted the following subsections : — .
In section 88(4) of the 1972 Act the following is substituted for paragraph (b) (full licence not to be available as provisional licence for certain motor cycles): —.
In subsection (1) of section 89 of the 1972 Act (duration of licences)—
at the end of the words preceding the paragraphs there are added the words " subject to subsection (1A) below ";
in paragraph (a) for the words " (b) or (c)" there are substituted the words " or (b) ";
in paragraph (aa) the words " or (c)" are omitted and the word " and " is added at the end ; and
paragraph (c) and the " and " preceding it are omitted.
After subsection (1) of section 89 of the 1972 Act there is inserted the following subsection: —.
If regulations under subsection (2) of section 85 of the 1972 Act make provision for a test of competence to drive to consist of separate parts—
they may make for each part any provision that could be made for a test not consisting of separate parts, and provision for the supply by the Secretary of State of forms for certificates evidencing the results and for charges to be made for the supply; and
subsection (3) of that section (appeals) shall apply in relation to each part as well as in relation to the whole of the test.
In section 85(2)(b) of the 1972 Act (fees for driving tests) after " such amount as may be specified in the regulations " there is inserted " or, in such cases as may be prescribed, specified by such person as may be prescribed ".
In section 193(1) of the 1972 Act and in section 103(1) of the Road Traffic Regulation Act 1967 (certain vehicles not to be treated as motor vehicles) the following is inserted at the end of paragraph (b):and.
An electrically assisted pedal cycle of a class specified in regulations made for the purposes of section 193 of the 1972 Act and section 103 of the Road Traffic Regulation Act 1967 shall not be driven on a road by a person under the age of fourteen; and if any person— in contravention of this subsection he shall be guilty of an offence.
drives such a pedal cycle ; or
knowing or suspecting that another person is under the age of fourteen, causes or permits him to drive such a pedal cycle;
An offence under subsection (2) above shall be punishable on summary conviction with a fine not exceeding £50.
but in determining whether there was such a likelihood the court may disregard any injury to him and any damage to the vehicle.
The following is substituted for subsection (5) of that section: —.
For sections 6 to 12 of the 1972 Act there are substituted the sections set out in Schedule 8.
An offence under section 7(4) set out in Schedule 8 shall be included among the offences involving discretionary disqualification (within the meaning of Part III of the 1972 Act).
In Schedule 4 to the 1972 Act, in the entry relating to section 25(4) (failure to stop, etc., after accident), for " £100 " there is substituted " £1,000 ".
Subsection (1) does not apply to offences committed before the commencement of this section.
After section 33 of the Road Traffic Act 1972 there shall be inserted the following section: —.
In section 169 of the Road Traffic Act 1972 (forgery of documents, etc.) in subsection (2) (documents to which that section applies) after paragraph (b) there shall be inserted the following paragraph: —.
In section 199 of the Road Traffic Act 1972 (exercise of regulation-making powers and Parliamentary control) the following subsection is inserted after subsection (2)—
33A. Driving or riding in a, motor vehicle in contravention of regulations requiring wearing of seat belts. Summarily £50 — — Sections 181 and 183 apply.
After section 33 of the 1972 Act there is inserted, after the section inserted by section 27, the following section—.
33B. Driving motor vehicle with, child in the front not wearing seat belt. Summarily £50 — — Sections 181 and 183 apply.
After section 84(4) of the 1972 Act (under which a person may drive a vehicle without a licence if he has previously held a licence to drive vehicles of that class and has applied for and is entitled to obtain such a licence) there is inserted—.
In the words in parenthesis in section 199(2) of that Act (exceptions from the duty to consult before making regulations) after " section " there is inserted " 84(4A) or ".
In this Part " the 1972 Act " means the Road Traffic Act 1972.
Sections 19 to 21 shall be construed as if they were contained in Part III of the 1972 Act.
The 1972 Act and section 56 of the Criminal Justice Act 1967 shall have effect subject to the consequential and minor amendments specified in Schedule 9.
With the exception of section 29, the provisions of this Part come into force on such day as the Secretary of State may appoint by order made by statutory instrument.
Different days may be appointed under this section for different purposes.
The provisions of Schedule 10 have effect with respect to road humps.
This section and Schedule 10 come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.
The duty payable under section 1 of the 1971 Act in respect of goods vehicles on licences taken out on or after such day as Parliament may hereafter determine shall be charged in accordance with the following provisions of this section.
The factors determining the rates of the duty to be charged in respect of goods vehicles of an unladen weight exceeding 30 hundredweight which fall within both— shall be those shown in those Tables and, if or to the extent that Parliament so determines, the additional factors set out in Part II of that Schedule.
a class to which the Plating and Testing Regulations apply; and
a description in the Tables set out in Part I of Schedule 11 to this Act,
The rate of duty to be charged in respect of goods vehicles of an unladen weight exceeding 30 hundredweight which do not fall within a class to which the Plating and Testing Regulations apply shall be the lowest rate which would be chargeable in accordance with Table 1 in Part I of Schedule 11 to this Act if duty were so chargeable.
The rates of duty to be charged in respect of goods vehicles of an unladen weight exceeding 30 hundredweight which do not comply with Construction and Use Regulations but are authorised by an order under section 42 of the 1972 Act to be used on roads shall be—
if they fall within a class specified by an order of the Secretary of State made for the purposes of this paragraph, the highest rate that would be chargeable in accordance with Table 2 in Part I of Schedule 11 to this Act if duty were so chargeable ; and
in any other case, the lowest rate which would be chargeable in accordance with Table 1 in that Part of that Schedule if duty were so chargeable.
The rates of duty chargeable in respect of showman's goods vehicles and farmer's goods vehicles (both as defined in Schedule 4 to the 1971 Act) of an unladen weight exceeding 30 hundredweight shall be percentages of a rate or rates chargeable in accordance with the Tables in Part I of Schedule 11 to this Act.
Duty in respect of vehicles of an unladen weight not exceeding 30 hundredweight shall be charged in accordance with Schedule 5 to the 1971 Act.
An order for the purposes of subsection (4)(a) above shall be made by statutory instrument, but no such order shall be made unless a draft of it has been laid before Parliament and approved by resolution of each House of Parliament.
In section 33 and Schedule 11—
“enactment” means any provision of a public general Act, of a local, private or personal Act, of a provisional order confirmed by an Act or any regulations, order, scheme, byelaws or similar instrument made under an Act;
For the purposes of this section, section 33 and Schedule 11— and the relevant plate is the plate with which the vehicle is required to be equipped by the Construction and Use Regulations and, if so required to be equipped with a plate showing particulars determined under the Plating and Testing Regulations, that plate.
the gross weight of any vehicle is the maximum laden weight for the vehicle as shown on the relevant plate; and
the train weight of an articulated vehicle is the maximum laden weight for the vehicle together with any trailer which may be drawn by it, as shown on the relevant plate;
The Secretary of State may by regulations—
substitute different definitions for those contained in subsection (2); and
require axles of such descriptions as may be specified in the regulations to be disregarded for all or any of the purposes of Schedule 11.
Regulations under subsection (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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Where section 70 of the Local Government (Miscellaneous Provisions) Act 1976 (fees for vehicle and operator’s licences) is not in force in the area of a district council, the sums to be paid for a licence granted by the council under section 37 of the Town Police Clauses Act 1847 (licensing of cabs outside London) shall be such as the council may determine, and different sums may be so determined with respect to different descriptions of vehicle ; and the sums so determined shall be such as appear to the council to be sufficient in the aggregate to cover in whole or in part—
the reasonable cost of the carrying out by or on behalf of the district council of inspections of hackney carriages for the purpose of determining whether any such licence should be granted or renewed ;
the reasonable cost of providing hackney carriage stands ; and
any reasonable adminstrative or other costs in connection with the foregoing and with the control and supervision of hackney carriages.
This section does not extend to Scotland.
In subsection (3) above, references to a district council shall be read, in relation to Wales, as references to a county council or a county borough council
This section comes into force on such day as the Secretary of State may by order made by statutory instrument, appoint, and different days be so appointed for different purposes.
Where it appears to the Secretary of State that it would be in the interests of any locality or of all or some of its inhabitants for facilities to be provided in that locality or elsewhere for or in connection with the carriage of freight by inland waterway or the loading or unloading of freight carried or intended to be carried by inland waterway, he may make grants in accordance with this section towards the provision of such facilities.
Grants under this section shall be made towards capital expenditure which is to be incurred in providing such facilities, and the facilities may, without prejudice to the generality of subsection (1) above, include cargo-carrying craft, inland waterway terminals, depots, access roads and equipment for use in connection with the carriage, loading or unloading of freight.
Grants under this section shall be made in pursuance of an application made to the Secretary of State by the person who intends to provide the facilities and shall be supported by evidence that the navigation authority have given that person their approval for the provision by him of the facilities to which the application relates.
The Secretary of State may, in making a grant under this section, impose such terms and conditions as he thinks fit.
In section 67 of the Transport Act 1962 (byelaws for railways and railway shipping services) for subsection (3) there is substituted the following subsection—.
In section 1 of the Railway Fires Act 1905 (liability of railway companies to make good damage to crops caused by their engines), in subsection (3) for the words “two hundred pounds there is substituted “ £3,000 or such greater sum as may for the time being be prescribed by order made by the Secretary of State ” ; and after that subsection there is inserted the following—
In section 2 of the Railway Fires Act (1905) Amendment Act 1923 the words “not exceeding the sum of two hundred pounds are hereby repealed.
In the Public Passenger Vehicles Act 1981—
in Schedule 7 (consequential amendments), paragraph 24 is omitted;
in Schedule 8 (repeals)—
in the entry relating to the Transport Act 1968 the words “in section 145, subsection (2) are omitted, and
in the entry relating to the Transport Act 1980 after the words “In Schedule 5, Part I there are inserted the words “ (except paragraph 13) ” and for the words “the Minibus Act 1977 and the Transport Act 1978 there are substituted the words “ and the Minibus Act 1977 and paragraphs 2 to 4 of the entry relating to the Transport Act 1978. ”.
The enactments mentioned in Schedule 12 are repealed to the extent specified in the third column of that Schedule.
Part I of that Schedule has effect as from the day appointed by the Secretary of State for the purposes of section 5.
Part II of that Schedule has effect as from the day appointed by the Secretary of State under section 15(1), except for the repeal of the entry for the National Ports Council in Part II of Schedule 1 to the House of Commons Disqualification Act 1975 which comes into force on the Council ceasing to exist.
Part III of that Schedule so far as relates to— comes into force on the passing of this Act and otherwise comes into force on such day as the Secretary of State may appoint by order made by statutory instrument and different days may be so appointed for different purposes.
the Railway Fires Act (1905) Amendment Act 1923; and
the Public Passenger Vehicles Act 1981,
The following provisions of this Act extend to Northern Ireland—
Part I;
Part II, except—
in Schedule 3, paragraphs 7 and 19;
in Schedule 4, paragraphs 1, 5 to 9 and 15;
Section 38;
Part I of Schedule 12, and section 40 so far as relates to that Part;
the repeal by Part II of Schedule 12 of the entry for the National Ports Council in Part II of Schedule 1 to the House of Commons Disqualification Act 1975, and section 40 so far as it relates to that repeal ;
Part III of Schedule 12 and section 40 so far as relating to the Railway Fires Act (1905) Amendment Act 1923;
this section and sections 42 and 43.
The other provisions of this Act do not extend to Northern Ireland.
An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 which contains a statement that its purposes correspond to those of sections 27 and 28 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament instead of the order or a draft of the order being subject to the procedure set out in paragraph 1(4) or (5) of that Schedule.
Expenses incurred by any government department in consequence of the provisions of this Act shall be defrayed out of money provided by Parliament.
This Act may be cited as the Transport Act 1981.
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Section 7.
In this Schedule “director” means a director of Associated British Ports.
The remuneration and allowances payable to directors by Associated British Ports shall be determined by the Holding Company. The payment by Associated British Ports to or in respect of a former director of any pension or compensation for loss of office shall be subject to the approval of the Holding Company.
A director may resign his office by notice in writing to Associated British Ports. The office of director is vacated if the director—
Subject to any rules which may be prescribed by the Holding Company, the directors may regulate their own procedure. Unless the directors determine otherwise, the quorum necessary for the transaction of business by them is three.
The directors may elect a chairman of their meetings and determine the period for which he is to hold office. If the directors elect a chairman they may also elect a deputy chairman and determine the period for which he is to hold office.
The directors may delegate any of their powers to a committee consisting of one or more directors. Subject to any rules which may be prescribed by the directors, such a committee may regulate its own procedure and may elect a chairman of its meetings.
The directors may appoint one or more of their number as executive directors. Such an appointment shall be for such period and on such terms as the directors think fit, but shall determine automatically if the person appointed ceases to be a director. The directors may delegate any of their powers to an executive director on such terms and subject to such restrictions as they think fit. An appointment as executive director may be revoked at any time by the directors, but without prejudice to any claim for damages for breach of contract.
The directors shall appoint a secretary of Associated British Ports on such terms as to remuneration and otherwise as the directors think fit. A secretary so appointed may be removed by the directors at any time, but without prejudice to any claim for damages for breach of contract.
The fixing of the common seal of Associated British Ports shall be authenticated by the signature of the secretary or some other person authorised by the directors to act for that purpose.
The auditors of Associated British Ports shall be appointed by the Holding Company for such period as the Holding Company may determine but, without prejudice to any claim for damages for breach of contract, may be removed by the Holding Company at any time. The amounts payable by Associated British Ports to its auditors in respect of remuneration and expenses shall be determined by the Holding Company.
The validity of proceedings of the directors is not affected by any vacancy among the directors. Acts done by the directors, by a committee of directors or by any person acting as director are valid notwithstanding that it is afterwards discovered—
Each of the powers conferred on Associated British Ports by this Schedule is in addition to, and not in derogation of, any other power conferred on Associated British Ports by this Schedule or by any other enactment.
Associated British Ports has power to operate its harbours and to provide port facilities at them.
Associated British Ports may consign goods on behalf of other persons to or from or on routes through its harbours. Associated British Ports may carry goods by road on behalf of other persons to or from its harbours.
Associated British Ports may carry on at its harbours the activities of a ship’s agent.
Associated British Ports may provide facilities for the storage of goods.
Associated British Ports may develop in such manner as it thinks fit land belonging to it or to any of its subsidiaries. Associated British Ports may in particular— with a view to the disposal of any right or interest in the land or, as the case may be, the buildings or any part of the buildings, after the development is carried out. Where Associated British Ports proposes under this paragraph to develop any land as mentioned in sub-paragraph (2), it may acquire by agreement adjoining land for the purpose of developing it together with the other land. Except as provided by sub-paragraph (3), Associated British Ports does not have power to acquire land solely for the purpose of developing it as mentioned in sub-paragraph (2).
Associated British Ports may construct and operate pipelines in Great Britain. The power conferred by sub-paragraph (1) includes power to construct and operate any works provided in connection with the operation of a pipeline. Associated British Ports does not have power to acquire land for the purpose of constructing pipelines except—
In places where those using the services and facilities provided by Associated British Ports or any of its subsidiaries may require them, Associated British Ports may provide both for them and for other persons facilities for the purchase and consumption of food and drink and such other amenities and facilities as appear to Associated British Ports appropriate. Associated British Ports may, at any place where, in the exercise of the power conferred by sub-paragraph (1), it or any of its subsidiaries provides a car park, repair motor vehicles, both for persons using the car park and others, and sell to any such persons petrol, oil, spare parts and accessories for motor vehicles.
Associated British Ports may carry on any business which in its opinion can advantageously be carried on by reason of the fact that the business—
involves the use of machinery, plant or equipment of a kind used by Associated British Ports or any of its subsidiaries in connection with the operation of its harbours; or
requires skills which employees of Associated British Ports or any of its subsidiaries have in connection with the operation of its harbours.
Associated British Ports may manufacture for sale to any person and repair for any person anything which it considers can advantageously be so manufactured or repaired by reason of the fact that Associated British Ports or any of its subsidiaries has materials or facilities for, or skill in, the manufacture or repair of that thing in connection with its existing activities. Associated British Ports may sell to any person, and for that purpose purchase, anything which is of a kind which Associated British Ports or any of its subsidiaries purchases in the course of its existing activities. In this paragraph “existing activities” includes existing activities carried on by virtue of this paragraph.
Associated British Ports may provide for any person technical advice or assistance including research services as respects any matter in which it or any of its subsidiaries has skill or experience.
Associated British Ports may, either alone or together with any other person, provide, maintain or operate harbours additional to those which it or any of its subsidiaries owns or manages by virtue of Part II of the Transport Act 1962 (which provided for the division of the undertaking of the British Transport Commission) or by virtue of a harbour reorganisation scheme under the Harbours Act 1964. For the purposes of sub-paragraph (1) Associated British Ports may acquire by agreement any harbour undertaking, or any part of such an undertaking. Associated British Ports may subscribe for or acquire shares or securities of a body corporate which is wholly or mainly engaged, or which it is proposed should become wholly or mainly engaged, in the provision, maintenance or operation of a harbour.
Associated British Ports may dispose of any part of its undertaking, or any property, which in its opinion is not required by it for the purposes of its business. Associated British Ports may dispose of or discontinue any part of its undertaking carried on by virtue of paragraph 9 or 10. Associated British Ports may dispose of or discontinue any part of its undertaking acquired under paragraph 12, and may dispose of any shares or securities subscribed for or acquired under that paragraph. The powers of disposal conferred by this paragraph include power—
Associated British Ports may promote Bills in Parliament and may oppose any Bill in Parliament. The power conferred by sub-paragraph (1) is in lieu of any power to promote or oppose Bills which Associated British Ports might otherwise possess as successor to the persons carrying on any undertaking, and, in particular, the persons carrying on any undertaking transferred to the British Transport Commission by the Transport Act 1947, but nothing in this sub-paragraph affects any power exercisable by Associated British Ports as successor to apply for orders and schemes, and oppose applications for orders and schemes, including orders and schemes subject to special parliamentary procedure. In the application of this paragraph to Scotland, “Bill in Parliament” includes an order under the Private Legislation Procedure (Scotland) Act 1936.
Associated British Ports may do anything it thinks fit for the purpose of advancing— including making, or assisting the making, of provision for training and education. Associated British Ports may do anything which appears to it practicable or desirable for the purpose of—
Associated British Ports may provide houses, hostels and other like accommodation for its employees and those of its subsidiaries. Associated British Ports may make housing loans to such employees to assist them to acquire housing accommodation and may guarantee loans made for housing purposes to such employees by building societies and other bodies.
Associated British Ports may pay pensions and enter into obligations under pension schemes. Associated British Ports may lend money to be applied for the purposes of a pension scheme under which it, or any of its subsidiaries, pays employer’s contributions or is subject to any other obligations.
Associated British Ports has power to acquire land for the purposes of its business. Sub-paragraph (1) is subject to paragraphs 6(4) and 7(3). Where it is proposed to dispose of any land belonging to Associated British Ports or any of its subsidiaries, Associated British Ports may acquire by agreement adjoining land for the purpose of disposing of it together with that land.
Subject to sub-paragraph (2), the Secretary of State may authorise Associated British Ports to purchase compulsorily any land in Great Britain which it requires for the purposes of its business; and the Acquisition of Land (Authorisation Procedure) Act 1946 shall apply as if Associated British Ports were a local authority within the meaning of that Act and as if this Act had been in force immediately before the commencement of that Act. This paragraph does not authorise Associated British Ports to purchase compulsorily— Subject to sub-paragraph (4), the power of purchasing land compulsorily in this paragraph includes power to acquire an easement or other right over land by the creation of a new right. Sub-paragraph (3) does not apply to an easement or other right over any land which forms part of a common, open space or fuel or field garden allotment within the meaning of the Acquisition of Land (Authorisation Procedure) Act 1946. In the application of this paragraph to Scotland—
Subject to sub-paragraph (2), Associated British Ports may make such reasonable charges as it thinks fit for services and facilities provided by it or by its subsidiaries. This paragraph does not authorise— The provisions of sections 27 to 48 of the Harbours, Docks and Piers Clauses Act 1847 (which provide for various matters connected with liability for and collection of the rates to be taken by the undertakers) as incorporated with or applied by any enactment relating to any of Associated British Ports’ harbours apply to charges under this paragraph as if they were rates payable under that enactment.
Subject to sub-paragraph (5), Associated British Ports may borrow money for any of the purposes of its business, whether of a capital or revenue nature and including any proposed exercise of the powers conferred by paragraph 12, and may do so in such a manner and on such terms as it considers expedient. Without prejudice to the generality of sub-paragraph (1), the power conferred by that sub-paragraph may be exercised— Subject to sub-paragraph (5), Associated British Ports may, for the purposes of its business, give a guarantee for the benefit of any person for the purposes of an undertaking carried on by him or, where that person is a body corporate, any undertaking carried on by a subsidiary of that body corporate. Associated British Ports may, by way of security for any of its borrowing or any guarantee given by it, mortgage or charge all or any part of its undertaking, revenues, property or assets (present or future). The aggregate amount outstanding at any time of— shall not exceed the limit for the time being set by the Holding Company.
The Holding Company may from time to time impose restrictions on the descriptions of financial arrangement which may be entered into by Associated British Ports and its subsidiaries. The Holding Company may, in particular, prohibit Associated British Ports and its subsidiaries from entering into specified descriptions of financial arrangement— and may set a limit on the aggregate amount of the liabilities which Associated British Ports and its subsidiaries may incur in respect of arrangements of any specified description. Restrictions imposed under this paragraph may be varied or revoked by the Holding Company from time to time.
Associated British Ports may purchase, manufacture or repair anything required for the purposes of its business.
Associated British Ports may acquire any undertaking of part of an undertaking if the assets of the undertaking or part are wholly or mainly assets which it requires for the purposes of its business.
Associated British Ports may, for the purposes of its business, subscribe for or acquire shares or securities of any body corporate.
Associated British Ports may, for the purpose of its business, lend money to any person for the purposes of an undertaking carried on by him or, where that person is a body corporate, any undertaking carried on by a subsidiary of that body corporate.
Associated British Ports may—
invest any sums not immediately required for the purposes of its business; and
turn its resources to account so far as not required for those purposes.
Associated British Ports may do all other things which in its opinion are necessary or expedient to facilitate the proper carrying on of its business.
Associated British Ports may form and promote, or join with any other person in forming and promoting, a company for carrying on any activities which Associated British Ports has power to carry on. Associated British Ports may enter into arrangements with a company formed in exercise of the powers conferred by sub-paragraph (1) for the transfer to that company from Associated British Ports or any of its subsidiaries, in such manner and on such terms (including payments by any of the parties to the arrangements to any other of them) as may be provided for by the arrangements, of any property, rights, liabilities or obligations of Associated British Ports or any of its subsidiaries relevant to the carrying on of the activities to be carried on by the company.
Associated British Ports may enter into an agreement with any person for the carrying on by that person, whether as agent of Associated British Ports or otherwise, of any of the activities which Associated British Ports may itself carry on. Associated British Ports may enter into arrangements with a person with whom an agreement is made under sub-paragraph (1) for the transfer to that person from Associated British Ports or any of its subsidiaries, in such manner and on such terms (including payments by any of the parties to the arrangements to any other of them) as may be provided for by the arrangements, of any property, rights, liabilities or obligations of Associated British Ports or any of its subsidiaries relevant to the carrying on of the activities to be carried on by that person.
Associated British Ports may purchase, manufacture or repair anything required for the purposes of the business of any public transport authority or any subsidiary of such an authority. Without prejudice to paragraph 30(1), Associated British Ports may enter into an agreement with a public transport authority or with a subsidiary of such an authority for the management, working and use by one party to the agreement of works, land or other property belonging to the other party, and with respect to the rendering of services and pooling of receipts or expenses. An agreement under sub-paragraph (2) may be entered into notwithstanding that it involves a delegation of functions under any enactment relating to any part of the undertaking of a party to the agreement. In this paragraph “public transport authority means the British Railways Board, the British Waterways Board, Canal & River Trust, andTransport for Londonand, the Scottish Transport Group and the National Bus Company.
In this Schedule—
references to selling and purchasing include references to supplying or obtaining by exchange, hire or hire-purchase;
references to manufacture include references to construction and production;
references to repair include references to maintenance; and
references to goods include references to fish, livestock and animals of all descriptions.
In the definition of “the Boards” in section 57(1) of the Harbours Act 1964 the words “the British Transport Docks Board” are repealed. In consequence of sub-paragraph (1) the following provisions apply to Associated British Ports as they apply to harbour authorities generally— In section 47 of the Docks and Harbours Act 1966 (policing of harbour premises by British Transport Police), in subsection (3) after “section 69 of the Transport Act 1962 there is inserted “and “the Boards” has the same meaning as in that section.
Except as provided by the following provisions of this paragraph, the provisions of the Transport Act 1962 and the Transport Act 1968 relating to the Boards established by the said Act of 1962 no longer apply to Associated British Ports. The following provisions of the Transport Act 1962 continue to apply to Associated British Ports— The following provisions of the Transport Act 1968 continue to apply to Associated British Ports—
In this paragraph “pensions order” means an order made under section 74 of the Transport Act 1962 (which confers on the Secretary of State power to make orders about pensions in the nationalised transport industry). A person who on or after the appointed day leaves or enters the employment of the group consisting of Associated British Ports and its subsidiaries (in this paragraph referred to as “the Ports group”) is not eligible by virtue of any provision of a pensions order made before that day— For the purposes of this paragraph the following are Ports pension schemes—
In this paragraph “pensions order” has the same meaning as in paragraph 3. Subject to the following provisions of this paragraph, the power to make pensions orders is exercisable on and after the appointed day as if the Holding Company were a Board within the meaning of the Transport Act 1962. Except on the application of the Holding Company, no pensions order shall be made on or after the appointed day which has the effect of placing in any worse position the Holding Company or any subsidiary of that company. For the purposes of sub-paragraph (3), the Holding Company or a subsidiary shall not be regarded as being placed in a worse position because a pensions order provides that any changes in a pension scheme are not to be effected without the consent of the Secretary of State. A pensions order such as is mentioned in sub-paragraphs (3) which is made without the application of the Holding Company is not invalid because in fact it does not have the effect of securing that the Holding Company and its subsidiaries are not placed in any worse position, but except in so far as the Holding Company approves the effect of the order the Secretary of State shall as soon as may be make the necessary amending order.
As from the appointed day the members of the Humber Local Board and the Southampton Local Board shall be appointed by Associated British Ports; and the Humber and Southampton Orders are accordingly amended as follows. In Article 11 of each Order (appointment of members)— In Article 16(1) of the Humber Order and Article 16(2) of the Southampton Order (notice of resignation) for the reference to the Secretary of State there is substituted a reference to Associated British Ports. In this paragraph “the Humber Order” means the Humber Harbour Reorganisation Scheme 1966 Confirmation Order 1967 and “the Southampton Order” means the Southampton Harbour Reorganisation Scheme 1967 Confirmation Order 1968. Sub-paragraph (3) applies to any notice of resignation given on or after the appointed day, but subject to that this paragraph does not affect appointments made before the appointed day.
In section 219 of the Highways Act 1980 (payments to be made by owners of new buildings in respect of street works), in subsection (4)(i) (exemption for certain public authorities), the words “the British Transport Docks Board are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 92(9)(b) of the Finance Act 1972 (restriction on surrender of surplus advance corporation tax) and section 28(2) of the Finance Act 1973 (restriction of group relief) shall not apply to the Holding Company as the parent company of Associated British Ports. Payments by Associated British Ports under section 11(1) of this Act shall be treated as dividends for the purposes of the enactments relating to corporation tax. The vesting on the appointed day in the Holding Company of powers in relation to Associated British Ports shall not be regarded as constituting a change in the ownership of Associated British Ports for the purposes of section 483 of the Income and Corporation Taxes Act 1970 (restriction on carry forward of loss relief) or section 101 of the Finance Act 1972 (restriction on carry forward of relief for advance corporation tax).
For the purposes of paragraph 3(b) of Part IV of Schedule 1 to the Trustee Investments Act 1961 (which excludes securities of a company from trustee status unless the company has paid a dividend in each of the preceding five calendar years) the Holding Company shall be deemed to have paid such a dividend as is mentioned in that provision in the calendar year in which the appointed day falls and in each of the preceding four calendar years.
So far as the activities of any wholly-owned subsidiary of Associated British Ports consist of the carrying on of any such undertaking as is mentioned in the definition of “statutory undertakers” in section 262(1) of the Town and Country Planning Act 1990 or section 214 of the Town and Country Planning (Scotland) Act 1997, that subsidiary shall be deemed for the purposes of any enactment relating to statutory undertakers or statutory undertakings to be such an undertaker carrying on such an undertaking.
The persons who immediately before the appointed day were members of the British Transport Docks Board shall continue to hold office on and after that day as directors of Associated British Ports as if appointed by the Holding Company on that day for a period corresponding to the unexpired period of their existing appointments and on the same terms, as to remuneration and otherwise, as applied to those appointments, but subject to paragraph 3 of Schedule 2 and to the Holding Company’s power of removal. The repeal by this Act of the entries for the British Transport Docks Board in Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 does not affect the operation of those provisions in relation to directors of Associated British Ports holding office by virtue of appointments made before the appointed day.
The persons who immediately before the appointed day were chairman and vice-chairman of the British Transport Docks Board hold office on and after that day, so long as they remain directors, as chairman and deputy chairman, respectively, of the directors of Associated British Ports as if elected by the directors under paragraph 5 of Schedule 2 for a period corresponding to the unexpired period of their appointments.
For the purposes of sections 24 and 27(8) of the Transport Act 1962 (accounts and annual report) the accounting year of the British Transport Docks Board then current shall be taken to end with the day before the appointed day. No amendment or repeal made by this Act affects the operation of those sections in relation to periods before the appointed day.
The profits of Associated British Ports out of which payments may be made under section 11(1) include accumulated profits attributable to periods before the appointed day. Dividends paid by subsidiaries of Associated British Ports on or after the appointed day shall be taken into account in ascertaining the profits of Associated British Ports out of which payments may be made under section 11(1), notwithstanding that they are paid wholly or partly out of profits of the subsidiary attributable to periods before the appointed day. For the purposes of section 39 of the Companies Act 1980 (profits available for distribution) sums received by the Holding Company under section 11(1) shall be regarded as profits of the period in which they are received notwithstanding that they are paid by Associated British Ports out of accumulated profits attributable to periods before the appointed day.
Any charges in force immediately before the appointed day in respect of services or facilities provided by the British Transport Docks Board shall as from that day be deemed—
in the case of ship, passenger and goods dues within the meaning of the Harbours Act 1964, to have been imposed under section 26 of that Act;
in the case of other charges, to have been imposed under paragraph 20 of Schedule 3.
This Act does not affect any liability of a harbour authority in respect of a debt owed by them to the Secretary of State by virtue of section 41 of the Docks and Harbours Act 1966 (power to transfer part of commencing capital debt and other debts by harbour revision order or harbour reorganisation scheme) or by virtue of any local Act.
Nothing in this Act affects the operation of paragraph 5 of Schedule 1 to the Transport Act 1962 as respects any document issued before the appointed day and purporting to be an instrument issued by the British Transport Docks Board.
This Act does not affect the operation of local or private enactments relating to Associated British Ports or any of its harbours, except where—
express provision is made to that effect; or
an amendment or repeal is made of a provision of a public general Act which is incorporated with or applied by such an enactment.
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Every agreement, other than a contract of employment, to which the Council are a party immediately before the appointed day, whether in writing or not and whether or not of such a nature that rights and liabilities thereunder could be assigned by the Council, has effect as from that date as if— Other documents, not being enactments, which refer to the Council shall be construed in accordance with sub-paragraph (1) so far as applicable.
Where any right, liability or obligation is transferred to the Secretary of State by virtue of section 15(1)(b) or paragraph 4(2)(b), he and all other persons have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Council shall, if they have not done so before the passing of this Act, make a scheme (referred to in this paragraph as the “compensation scheme”) for the payment of compensation, whether by way of a lump sum or periodic payments or by a combination of those methods, to or in respect of persons employed by them who suffer loss of employment which is properly attributable to the winding up of the Council. The compensation scheme must— For the avoidance of doubt, it is declared that the expenses of the Council in making payments under the compensation scheme are administrative expenses of the Council within section 4 of the Harbours Act 1964 (under which such expenses may be funded by charges imposed on harbour authorities); and that the Council’s borrowing powers under section 5 of that Act are exercisable for the purpose of making such payments. As from the appointed day— The Secretary of State may direct that the compensation scheme be administered by such person as may be specified in the direction; and a direction under this sub-paragraph may be revoked or varied by the Secretary of State by a further direction under this sub-paragraph. The Secretary of State may make such amendments to the compensation scheme as appear to him necessary or expedient in consequence of the winding up of the Council or of the transfer of the administration of the scheme under or by virtue of this paragraph.
In this paragraph— Subject to any direction under sub-paragraph (3), the administration of the pension scheme is the responsibility of the Secretary of State as from the appointed day and on that day the pension fund shall vest in him to be held by him for the purposes of the scheme on the same trusts as subsisted immediately before that day. The Secretary of State may direct— and a direction under this sub-paragraph may be revoked or varied by the Secretary of State by a further direction under this sub-paragraph. The Secretary of State may make such amendments to the pension scheme as appear to him necessary or expedient in consequence of the winding up of the Council or of the transfer of the administration of the scheme under or by virtue of this paragraph; but no such amendment shall prejudice any pension rights existing under the scheme immediately before the amendment takes effect. There shall be defrayed by the Secretary of State—
In section 30(4) of the Harbours Act 1964 (duty of authority to supply copy of list of charges) for “the Council” there is substituted as from the appointed day “the Secretary of State”. In section 31 of the Harbours Act 1964 (right of objection to certain charges) as from the appointed day— Sections 30(4) and 31 of the Harbours Act 1964, and any enactment applying in relation to inquiries under the said section 31, have effect as from the appointed day as if anything previously done by or in relation to the Council (including any direction given by the Council and in force immediately before that day) had been done by or in relation to the Secretary of State.
In section 41 of the Harbours Act 1964 (power to obtain information and forecasts), and in section 2 of the Harbours (Loans) Act 1972 (which extends that power), as from the appointed day— and any notice served by the Council under the said section 41 and not complied with before the appointed day has effect on and after that day as if it had been served by the Secretary of State and as if the information or forecasts required by it were required to be furnished to him.
for “the Council”, wherever occurring, there is substituted “the Secretary of State”; and
for “their functions”, wherever occurring, there is substituted “his functions”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as if it were one proposed to be made by the Secretary of State under that section and Schedule as amended by paragraph 6 of Schedule 6 to this Act; and
as if anything done under and in accordance with the provisions applicable to schemes submitted by the Council had been the corresponding thing to be done under and in accordance with the provisions applicable to schemes proposed to be made by the Secretary of State.
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The following amendments (which do not alter the effect but facilitate express repeals in passages referring to the Council) have effect as from the appointed day. In section 17(1)(a), (b) and (g) of the Harbours Act 1964 and in Parts I, II, and VII of Schedule 3 to that Act for “the Minister”, wherever occurring, there is substituted “ the Secretary of State ”. and the said Parts I, II and VII shall have effect with respect to the procedure for the making of orders by the Minister of Agriculture, Fisheries and Food with the substitution, except in paragraph 6(2), of references to him for references to Secretary of State. After considering the objections (if any) made and not withdrawn, and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector, the Secretary of State In pararaph 2(d) of Schedule 4 to the Harbours Act 1964 for such a local lighthouse authority as aforesaid there is substituted “ a local lighthouse authority who are not a harbour authority, ” and for the like documents as would be required to be served in compliance with sub-paragraph (c) above had the scheme been submitted by the Council there is substituted “ a copy of the scheme, together, (if copies of a map or maps wre deposited with it) with a copy of that map, or copies of those maps were deposited with it) with a copy of that map, or copies of those maps, and, in any event, with a notice stating that the scheme has been submitted to the Secretary of State and that, if the authority served desire to make to the Secretary of State objection to the scheme, they should do so in writing (stating the grounds of their objection) before the expiration of the period of forty-two days from the date on which the notice is served on them ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If it appears to the Secretary of State that the operation of section 15(1)(a) or of any of the preceding paragraphs of this Schedule in relation to any enactment of local application (including any provision of a public general Act as applied by such an enactment) is uncertain or produces a result which is anomalous or confusing, he may by order direct that the enactment shall have effect as may be specified in the order, or not have effect, as may appear to him requisite in consequence of section 15 and this Schedule. An order under this paragraph shall have effect from such date as may be specified in the order, which may be a date before the making of the order but not earlier than the appointed day. An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In the following provisions of this Schedule “charging scheme” and “harbour authority” have the same meaning as in section 17.
Before he makes a charging scheme the Secretary of State shall publish in such manner as he thinks fit a notice— and shall send a copy of the scheme to each harbour authority known to him whom he believes to be affected by the scheme. The Secretary of State shall consider any objections duly made to him with respect to the draft scheme and may, if he thinks fit to do so, make the scheme either without modification or with such modifications as he thinks fit (but not including any that in any way increase the charges proposed in the draft scheme). A charging scheme shall come into operation on such date as may be specified in the scheme.
A charging scheme may include such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient.
Without prejudice to the generality of paragraph 18, a charging scheme may provide for requiring a harbour authority to whom the scheme relates to furnish to the Secretary of State, and if so required to verify, such information as he may require for the purposes of the scheme, being information relating to— and may provide that failure to comply with any such requirement is an offence punishable on summary conviction with a fine not exceeding such sum (not greater than £500) as may be specified in the scheme. No person shall disclose any information furnished to him in pursuance of a requirement imposed under sub-paragraph (1) except— It is an offence for a person— An offence under sub-paragraph (3) is punishable—
If it appears to the Secretary of State that the contributions paid or to be paid under charging schemes made by him exceed or are likely to exceed the amount necessary for the purpose mentioned in section 16(1), he shall by order made by statutory instrument make such provision as appears to him necessary or expedient for— and such an order may contain such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient, including provision for modifying so much of any of those schemes as relates to the manner of payment of contributions payable under the scheme.
terminating or reducing liabilities imposed by virtue of those schemes; or
entitling authorities who have paid contributions imposed by virtue of those schemes to repayment of such proportion of those charges as may be determined by the Secretary of State;
Section 18.
Section 12 (power to give assistance to harbour authorities by way of grant for harbour works, etc.) is repealed.
In section 14 (harbour revision orders) after subsection (2) there is inserted—.
In section 14(3), 16(6) and 18(2)(i) (ancillary provisions which may be included in a harbour revision or empowerment order or in a harbour reorganisation scheme) for consequential or incidental there is substituted “ supplementary, consequential or incidental ”.
The following section is inserted after section 15—. In section 44 (which provides for a statutory application for review of certain orders within a six week time limit)— In section 54(2) (which provides for negative resolution procedure for certain orders) after “9(1),” there is inserted “ 15A, ”.
In section 18 (harbour reorganisation schemes) the following subsection is inserted after subsection (1) (submission of scheme to Secretary of State by relevant authorities)—. For subsection (4) of section 18 (which introduces Schedule 4 and provides for special parliamentary procedure) there is substituted—. In subsections (5) and (6) of section 18 (restrictions on orders containing certain provisions) after “confirm” there is inserted “ or make ”. In section 44 (statutory application for review of orders within six week time limit), in subsection (4) which extends the foregoing provisions of the section to harbour reorganisation schemes)— In section 47(3) (inquiries into schemes relating to Scotland) after “confirmation” there is inserted “ or making ”. For the heading before paragraph 1 of Schedule 4 there is substituted—PROCEDURE FOR CONFIRMING AND MAKING HARBOUR REORGANISATION SCHEMES . After paragraph 4 of Schedule 4 there is inserted—. In section 42(2) of the Docks and Harbours Act 1966 (further provision as to harbour reorganisation schemes)—
Sections 20 to 25 and Schedule 5 (control of movement orders) are repealed.
After section 27 there is inserted—. In section 30 (duties with respect to keeping of lists of charges, etc.) after subsection (4) there is inserted—. In section 31 (right of objection to ship, passenger and goods dues), at the end of subsection (1) (charges to which the section applies) there is inserted “ other than combined charges within the meaning of section 27A of this ACt ; and references in this section to the rate at which any such charge is imposed are to the amount where no composition agreement applies and no specially agreed rebate is allowed ”.
Sections 32 to 34 (powers of Ministers to revise ship, passenger and goods dues) are repealed. Section 35 (local light dues) is repealed so far as it applies sections 32 and 34.
For section 42 (accounts relating to harbour undertakings) there is substituted—.
In section 47(1) (which as amended by section 272(2) of the Local Government Act 1972 applies certain provisions of section 250 of that Act to inquiries and hearings under the Harbour Act 1964), paragraph (a)(i) and the words “(i) and (which are ineffective as a result of that amendment) are repealed. In section 47(3) (power to direct that inquiries in Scotland be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936) for “or paragraph 3(3) of Schedule 4 there is substituted “ or paragraph 3(5) of Schedule 4 ”.
Paragraph 2 of Schedule 3 (Secretary of State’s preliminary consideration of applications for harbour revision or empowerment orders) is repealed; and accordingly in paragraph 3 of that Schedule—
for the words from the beginning to “allowed to proceed there is substituted “ Where an application for a harbour revision order has been duly made to the Secretary of State ”;
for “further steps there is substituted “ any steps (otherwise than under this paragraph) ”; and
in paragraph (d) for “be contemporaneously there is substituted “ and within such time as may be so specified, be ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 31(8) (failure by authority to comply with direction) for “£100 there is substituted “ £500 ”. In section 41(3) (failure to comply with notice to furnish information or forecasts) for the words from “£50 to the end there is substituted “ £500 ”. The amendments made by this paragraph do not apply in relation to offences committed before this paragraph comes into force.
Section 14(3) and 16(6) (penalties which may be provided for by harbour revision or empowerment orders or harbour reorganisation schemes) are amended as follows— In paragraph (a) (penalties on summary conviction), for “the infliction on him of a fine exceeding £100 there is substituted—— . In paragraph (b) (penalties on conviction on indictment) for the words from “imprisonment to the end there is substituted “ a penalty other than a fine ”.
In sections 45(i) and 46(2)(a) (penalties on summary conviction for, respectively, furnishing false information and improperly disclosing information or forecasts) for “three months there is substituted “ six months ”. The amendments made by this paragraph do not apply in relation to offences committed before this paragraph comes into force.
Description of offence Number of penalty points Any offence involving obligatory disqualification (within the meaning of Part III of Road Traffic Act 1972). 4
Section of 1972 Act creating offence Description Number of penalty points 2 Reckless driving 10 3 Careless or inconsiderate driving 2—5 5(2) Being in charge of motor vehicle when unfit through drink or drugs. 10 6(1)(b) Being in charge of motor vehicle with alcohol above prescribed limit. 10 7(4) Failing to provide specimen for breath test 4 8(7) Failing to provide specimen for analysis 10 16 Carrying passenger on motor cycle contrary to section 16. 1 22 Failing to comply with traffic directions 3 24 Leaving vehicle in dangerous position 3 25(4) Failing to stop after accident 5—9 25(4) Failing to give particulars or report accident 4—9 40(5) Contravention of construction and use regulations. 3 84(1) Driving without licence 2 88(6) Failing to comply with conditions of licence 2 91(1) Driving with uncorrected defective eyesight 2 91(2) Refusing to submit to test of eyesight 2 99(6) Driving while disqualified as under age 2 99(6) Driving while disqualified by order of court 6 143 Using, or causing or permitting use of, motor vehicle uninsured and unsecured against third-party risks. 4—8 175 Taking in Scotland a motor vehicle without consent or lawful authority or driving, or allowing oneself to be carried in, a motor vehicle so taken. 8 Act and section creating offence or providing for its punishment Description Number of penalty points Road Traffic Regulation Act 1967 s. 13(4). Contravention of traffic regulations on special roads. 3 Road Traffic Regulation Act 1967 s. 23(5). Contravention of pedestrian crossing regulations. 3 Road Traffic Regulation Act 1967 s. 25(2). Failure to obey sign exhibited by school crossing patrol. 3 Road Traffic Regulation Act 1967 s. 26(6), s. 26A(5). Contravention of order prohibiting or restricting use of street playground by vehicles. 2 Road Traffic Regulation Act 1967 s. 78A. Exceeding a speed limit 3 Theft Act 1968 s. 12 ... Taking or attempting to take conveyance without consent or lawful authority or driving or attempting to drive a motor vehicle so taken or allowing oneself to be carried in a motor vehicle so taken. 8 Theft Act 1968 s. 25 ... Going equipped for stealing with reference to theft or taking of motor vehicle. 8 Description of offence Number of penalty points Stealing or attempting to steal motor vehicle ... 8 Note: The descriptions of offences under A and B above indicate only their general nature.
Section 30.
In section 13 for " 9 " there is substituted " 8 ".
Sections 93(3) and (5) are omitted.
In section 93(4) for " 9(3)" there is substituted " 8(7) ".
In section 93(7) after the words " under the foregoing provisions of this section " there are inserted the words " or under section 19 of the Transport Act 1981 ".
In section 94(1) for the words " section 93(1) or (3) of this Act" there are substituted the words " section 93 of this Act or section 19 of the Transport Act 1981 ".
In section 101(1) for the words from " the court shall order " to the end there are substituted the words " the court shall order that there shall be endorsed on any licence held by him particulars of the conviction and, if the court orders him to be disqualified, particulars of the disqualification, and, if the court does not order him to be disqualified, the particulars and penalty points required by section 19(1) of the Transport Act 1981 ; and the endorsement may be produced as prima facie evidence of the matters endorsed. ".
In section 101(2) for the words from " need not" to " as aforesaid " there are substituted the words " need not make an order under subsection (1) above ".
In section 101(3) for the words from the beginning to " by him " there are substituted the words " An order that any particulars or penalty points are to be endorsed on any licence held by the convicted person " and at the end there are added the words " or penalty points ".
In section 101(4A) at the end there are added the words " and any penalty points endorsed on it which are to be taken into account under section 19(3) of the Transport Act 1981 ".
In section 101(5) after the word " particulars", in both places, there are added the words " or penalty points ".
In section 101(6) after the word " particulars ", in the first and second places where it occurs, there are added the words " or penalty points ".
For section 101(7) there are substituted the following subsections : —.
The words " or section 19 of the Transport Act 1981 " are inserted—
at the end of section 102(1);
in section 103(1) after the words " section 93 of this Act" ;
in section 103(3) after the words " section 93 of this Act" ;and
in section 105(1) after the words " section 93 or 101 of this Act".
For section 105(2) there is substituted the following:.
In section 182(2A)—
in paragraph (b), after the words " any such offence " there are inserted the words " or any order made on the conviction ";
in paragraph (c) and in the words following paragraph (d), after the words " the previous conviction " there are inserted the words " or order ".
In section 188(6) for the words from " motor cycles whereof " to "cubic centimetres" there are substituted the words "certain motor cycles
In subsection (1) of section 189 (application of sections 6 to 11 to persons subject to service discipline)—
in paragraph (f) for " section 8(1)" there is substituted " section 7(1) ";
paragraph (g) is omitted ; and
in paragraph (h) for "subsection (4) " there is substituted " subsection (7) ".
In section 199 (exercise of regulation making powers etc.)—
in subsection (2) the words " 12(1) or" are omitted ;
in subsection (3) for "12(1)" there is substituted " 8(9), 12(2), 33A "; and
in subsection (4) for " 12(1) " there is substituted " 8(9), 12(2) or 33A ".
6(1)(a) Driving or attempting to drive with excess alcohol in breath, blood or urine. and 6(1)(b) Being in charge of a motor vehicle with excess alcohol in breath, blood or urine.
In Part I of Schedule 4, in the first coloumn of the entry relating to section 8(3), for " 8(3)" there is substituted " 7(4) " and in the fifth and sixth columns of the entry there are inserted respectively " Discretionary " and " Obligatory ".
8(7) Failing to provide specimen for analysis or laboratory test. Summarily Where the specimen was required to ascertain ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, six months or £1,000 or both. In any other case three months or £500 or both. Obligatory in case mentioned in paragraph (a) of column 4. Discretionary in any other case.
In Part I of Schedule 4, in the fifth column of the entry relating to section 22, after the word " constable" there are inserted the words " or traffic warden ".
In Part V of Schedule 4, paragraph 1 is omitted.
In Schedule 10, in paragraph 5 for "9(3)" (in both places) there is substituted " 8(7) ".
The words “ or section 19 of the Transport Act 1981 ” are inserted after the words “the Road Traffic Act 1972 in subsections 1(b), (6) and (13).
Section 32.
In section 62(3) of the Highways Act (descriptions of works for which specific powers are given and in relation to which the general power in that section does not apply), the following paragraph is inserted after paragraph (f)—.
The following provisions are inserted after section 90 of the Highways Act 1980—.
In section 329(1) of the Highways Act 1980 (interpretation) the following is inserted at the appropriate place— “road hump” has the meaning provided by section 90F(1); ”.
A highway authority may construct road humps in a highway for which they are the highway authority if— and may remove any road humps so constructed by them.
the highway is subject to a statutory speed limit for motor vehicles of 30 miles per hour or less; or
the road humps are especialy authorised by the Secretary of State,
The Secretary of State may, with the consent of the local highway authority for the highway concerned, construct road humps in a highway for which he is not the highway authority if— and may maintain and remove any road humps so constructed by him. The Secretary of State and the local highway authority may enter into an agreement for the carrying out by the local highway authority of any works which the Secretary of State has power to carry out under this paragraph. Subject to sub-paragraph (4), the consent of the Secretary of State is required before the local highway authority may remove or otherwise interfere with a road hump constructed under this paragraph. If the Secretary of State so directs with the consent of the local highway authority, the local highway authority shall have the same powers in relation to a road hump constructed under this paragraph as they have in relation to a road hump constructed by them under paragraph 4. Where a road hump has been constructed under this paragraph, the local highway authority may reimburse the Secretary of State the whole or part of his expenses in relation to the road hump.
Where the Secretary of State or a local highway authority propose to construct a road hump under paragraph 4 or 5, he or they shall consult with— The Secretary of State or local highway authority shall also— a notice of the proposal stating the nature, dimensions and location of the proposed road hump and the address to which and the period within which any objections to the proposal may be sent. The period stated in a notice under sub-paragraph (2) shall not be less than 21 days beginning with the date on which the notice is first published in accordance with paragraph (a) of that sub-paragraph. The Secretary of State or local highway authority shall consider any objection sent to hiim or them in accordance with a notice under sub-paragraph (2) and may, if he or they think fit, cause a local inquiry to be held. Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (provisions as to inquiries) have effect in relation to an inquiry held under sub-paragraph (4) as they have in effect in relation to an inquiry held under that section, but with such modifications as mey be prescribed by regulations made by the Secretary of State. Before making regulations under this paragraph the Secretary of State shall consult such representative organisations as he thinks fit.
The Secretary of State may by regulations make such provision in relation to the construction and maintenance of road humps as appears to him to be necessary or expedient in the interests of safety and the free movement of traffic, and may in particular— Regulations under this paragraph may make different provision for different cases, as for example for road humps and highways of different descriptions. Before making any regulations under this paragraph the Secretary of State shall consult with such representative organisations as he thinks fit. Regulations under this paragraph do not apply where a road hump is specially authorised by the Secretary of State, but conditions attached by him to the authorisation may, in particular, relate to any of the matters with respect to which regulations may be made under this paragraph. In this paragraph and in paragraph 8 and 9(1) below, and without prejudice to paragraph 9(2) below, the expression “highway” includes any road over which the public have a right of way.
Where a road hump conforms to regulations under paragraph 7 and, in the case of a road hump constructed under paragraph 4 or 5 above, the condition mentioned in sub-paragraph (2) is satisfied, the road hump shall nit be treated as constituting an obstruction to the highway but as part of the highway, so that in particular— extend to maintaining or, as the case may be, to making good any damage to or otherwise reinstating the raod hump. The further condition applicable in the case of a road hump constructed under paragraph 4 or 5 above is that either— In relation to a road hump specially authorised by the Secretary of State the reference in sub-paragraph (1) to conformity with regulations shall be construed as a reference to conformity with the conditions attached to the authorisation. In so far as it does not apply apart from this sub-paragraph, Part II of the Public Utilities Street Works Act 1950 (code regulating relations between persons carrying out alterations to roads and statutory undertakers having apparatus in those roads) applies in relation to the construction, maintenance and removal of a road hump as if the works were executed for road purposes and were mentioned in section 21(1)(a) of that Act and as if the person executing them were the promoting authority within the meaning of that Part.
In this Part— “motor vehicle” has the same meaning as in the Road Traffic Regulation Act 1984; “road hump” means an artificial hump in or on the surface of the highway which is designed to control the speed of vehicles, and references to a road hump include references to any other works (including signs or lighting) required in connection with such a hump; “statutory” means having effect by virtue of an enactment. This Part shall be construed as one with the Roads (Scotland) Act 1970.
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Description of vehicle Factors determining rate of duty Rigid goods vehicle not drawing trailer or drawing unladen trailer. Gross weight of vehicle. Rigid goods vehicle drawing laden trailer. Gross weight of vehicle and gross weight of trailer. Articulated goods vehicle. Train weight of vehicle. Description of vehicle Factors determining rate of duty Rigid goods vehicle not drawing trailer or drawing unladen trailer. Gross weight of vehicle and number of axles on vehicle. Rigid goods vehicle drawing laden trailer. Gross weight of vehicle, gross weight of trailer and number of axles on vehicle. Articulated goods vehicle. Train weight of vehicle, number of axles on drawing vehicle and minimum number of axles on drawn vehicle.
The equality or disparity of the weight transmitted through each of the two rear-most axles of the vehicle (or, if it is an articulated vehicle, of the drawing vehicle).
The number of axles on the laden trailer drawn by a rigid goods vehicle.
Section 40.
Chapter Short title Extent of repeal 1962 c. 46. Transport Act 1962. Section 1(5). Section 9. Section 19(3)(iii). In Schedule 9— (a)paragraph 1; (b) the lists in paragraphs 2(1) and 3(1) of the harbours vesting in the Docks Board. 1964 c. 40. Harbours Act 1964. In section 30(1)(b), the words “the British Transport Docks Board”. In section 36(a), the words “the British Transport Docks Board”. In section 57(1), in the definition of “the Boards”, the words “the British Transport Docks Board,”. 1968 c. 73. Transport Act 1968. Section 41(7). In section 50(1), the words “Docks Board”. In Schedule 16, in paragraph 8(2), the words “the Docks Board”. 1975 c. 24. House of Commons Disqualification Act 1975. In Part II of Schedule 1, the entry for the British Transport Docks Board. 1975 c. 25. Northern Ireland Assembly Disqualification Act 1975. In Part II of Schedule 1, the entry for the British Transport Docks Board. 1980 c. 66. Highways Act 1980. In section 219(4)(i)(i), the words “the British Transport Docks Board”.
Chapter Short Title Extent of Repeal 1964 c. 40. Harbours Act 1964. Sections 1 to 8. Section 9(6). In section 11(1), the words “and after consulting the Council”. Section 12. Section 14(6). In section 15, in subsection (1) the words “on a representation made to him by the Council”, and subsection (2). Section 16(8). In section 17(1), paragraphs (c) to (f), (h) and (i). In section 18(1), the words “by the Council or”. Sections 20 to 25. In section 31(2), the words from the first “and” to “sections”. In section 31(13), the words from “and in relation” to the end. Sections 32 to 34, both as originally enacted and as applied by any enactment. In section 35, the words “32 and 34”, the words from “and of securing” to “with the like consequences)”, and the paragraphs from (h) onwards. In section 36, the words “and 32”. In section 37, the words “to 33”. Section 41(2). In section 43— (a) in subsection (1), the words “6 or”; (b) in subsection (2), the words “6 or”; In section 44— (a) in subsection (1), the words from “or who desires to “parcel of land” and the words from “under the said Act of 1945” to “it is made)”; (b) in subsection (1A), the words “relating to a harbour revision or empowerment order”; (c) subsection (2); (d) in subsection (3), the words from “and an order” to the end; (e) in subsection (5), the words “and (2)(a)”. In section 45(a), the words “4 or”. In section 46(1)— (a) the words “4 or”; (b) in paragraph (c) the words “the Council or” and “their or”. In section 47(1)— (a) paragraph (a)(i); (b) the word “and” at the end of paragraph (a); (c) paragraph (b); (d) the words “(i) and”. In section 47(2) the words from “and shall” to “Act” where next occurring, and paragraph (a). In section 49(2) the words “and an order under section 20 of this Act”. In section 54(2), the words “4,”, “20,” and “23”. In section 57(1), the definitions of “accounting period”, “control of movement order” and “the Council. In section 62(1), the words “or an order under section 20 of this Act”. Schedule 1. In Schedule 3— (a) paragraph 2; (b) in paragraph 4 and in paragraph 8, sub-paragraph (2) and sub-paragraph (3) from “and after onwards; (c) in the heading to Part I, the words from “TO THE MINISTER OF AGRICULTURE” to “PART IV)” and the words from “BY THE MINISTER OF AGRICULTURE” to the end; (d) in the heading to Part II, the words from “(AS SET OUT)” to the end; (e) Parts III to VI, VIII and IX. In Schedule 4— (a) paragraph 2(c); (b) in paragraph 2(d) the words from “if” to “Council”; (c) paragraph 3(2), (3) and (4); (d) in paragraph 3(5) the words “the scheme was submitted otherwise than by the Council and” and the words from “and after” onwards; (e) in paragraph 4 the words “(c) or and the words from “according” onwards. Schedule 5. 1966 c. 28. Docks and Harbours Act 1966. In section 6— (a) in subsection (1) the words “the Council”; (b) in subsection (3) the words “the Council and”. In section7— (a) in subsection (2) the words “and the Council”; (b) subsections (3) to (5); (c) in subsection (6) the words “or making an objection or representation”s; (d) in subsection (7) the words from “or a copy” to “such appeal” and the words “objection or representations”; (e) in subsection (8) the words from “or a copy” to “such appeal” and the words “objection or representations”; (f) subsection (9); (g) in subsection (10) the words “or an objection is made thereunder to” and the words “or objection to” in both places; (h) subsection (11); (i) subsection (12) except paragraph (c), and in that paragraph the words from the first “and” to “subsection” and the final “and”. In section 8— (a) in subsection (1) the words “or an objection is made thereunder to”; (b) in subsection (2) the words “or objection”, in both places, the owrds “or objected to” and the words “or the objection is made to”; (c) in subsections (3) and (5) the words “or an objection made to”; (d) in subsection (4) the words “or objection to”; (e) in subsection (6) the words “or objection” and the words “the Council”. In section 9— (a) in subsection (2) the words “or objecting to”, “or an objection is made to, “or objection” and “or objections to”; (b) in subsection (3) the words “the Council and”; (c) in subsection (4) the words “or an objection made to” and the words “or objection” in both places; (d) in subsection (5) the words “or objection”. In section 10(3)— (a) in paragraph (b), the words “or objecting to”, “or an objection is made to” and “or objection”; (b) in paragraph (c), the words “or an objection is made to” and “or objection”. In section 11— (a) in subsection (4) the words “the Council”; (b) in subsection (5) the words “or an objection made to” and “or objection”; (c) in subsection (8) the words “the Council”, and in paragraph (b) the words from “(if” to “thereto)”; (d) in subsection (9) the words from “and the Council” to “that decision” and the words “or objection”, in both places; (e) in subsection (10) the words from “and if an objection” onwards. In section 12(3) the words “the Council”. In section 15(1)— (a) in paragraph (b), the words “or objection to”, “or objection” and “or objecting”; (b) in paragraph (c), the words “or objection” in both places. Section 40(1) to (4). In section 42(2)(a) the words “(3) or”, where first occurring, and the words from “the said” onwards. Section 44(4). Sections 48 and 49. In section 52(2)(a), the words “or objection”. In section 58, in subsection (1) the definition of “the Council”, and in subsection (5) the words “or an objection is made” and the words “or objection”. 1967 c. 80. Criminal Justice Act 1967. In Schedule 3, in Part II the amendment of the Harbours Act 1964. 1968 c. 13. National Loans Act 1968. In Schedule 1, the entry for section 6(1)(b) of the Harbours Act 1964. 1969 c. 48. Post Office Act 1969. In Schedule 4, in paragraph 93, in sub-paragraphs (1)(xxii) and (2)(k), the words “and 5”. 1971 c. 75. Civil Aviation Act 1971. In Schedule 5, in paragraph 5(t), the words “and 5”. 1972 c. 11. Superannuation Act 1972. In Schedule 4, the entry relating to the National Ports Council. 1972 c. 16. Harbours (Loans) Act 1972. In Schedule 6, paragraph 45. In section 1(1), the words “after consulting the National Ports Council”. In section 1(4), the words “6 or”. 1975 c. 24. House of Commons Disqualification Act 1975. In Part II of Schedule 1, the entry relating to the National Ports Council. 1976 c. 79. Dock Work Regulation Act 1976. In section 2(5), the words “with the National Ports Council and”. In section 7(8), paragraph (a). In section 8(6), paragraph (a).
Chapter Short title Extent of repeal 10 & 11 Vict. c. 89. The Town Police Clauses Act 1847. Section 39. 33 & 34 Vict. c. 115. The Metropolitan Public Carriage Act 1869. In section 6 the words “at such price”. In section 8 the words “at such price”. 1923 c. 27. The Railway Fires Act (1905) Amendment Act 1923. Section 1. In section 2, the words “not exceeding the said sum of two hundred pounds”. 1972 c. 20. The Road Traffic Act 1972. In section 89, in subsection (1), in paragraph (aa) the words “or (c), and paragraph (c) and the word “and” preceding it. In section 90, in subsection (1), paragraph (bb). In section 93, subsections (3) and (5). In section 177(2)(c) the words from “(whether or not” to “section 93(3) of this Act)”. In section 189, in subsection (1), paragraph (g). In Schedule 4, in Part V, paragraph 1. 1974 c. 50. The Road Traffic Act 1974. Section 17. In Schedule 3, in the paragraph set out in paragraph 6, paragraph (bb). 1975 c. xxix. The British Railways (No. 2) Act 1975. Section 21. 1977 c. xii. The London Transport Act 1977. Section 13(1). 1977 c. xvii. The British Railways Act 1977. Section 14(1). 1980 c. 62. The Criminal Justice (Scotland) Act 1980. In Schedule 7, paragraph 22. 1981 c. 14. The Public Passenger Vehicles Act 1981. In Schedule 7, paragraph 24. In Schedule 8, in the entry relating to the Transport Act 1968, the words “In section 145, subsection (2)”.