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The Columbia University Libraries reserve the right to refuse to accept a copying order if, in its judgement, fulfillment of the order would involve violation of the copyright law. Author: Great Britian. Laws, statutes, etc. Title: Ministry of transport act, 1919... Place: [London] Date: [1919] MASTER NEGATIVE # COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DIVISION BIBLIOGRAPHIC MICROFORM TARGET ORIGINAL MATERIAL AS FILMED • EXISTING BIBLIOGRAPHIC RECORD ^— *■"■"— in \ nrTTT^n-n 1 ■5(1 f f 'Tl#t.n;.» ^630.2 . Gt* Brit. Ministry of transport. jG792 Ot. Brit. Laws, atatutas, oto. Ministry of transport act, 1919 <9 & 10 Geo. 6. Ch.50> ^London, Eyre and Spottiswoode, 1919^ [31] p. 27 cm. i 1 i Caption title. o- I. RESTRICTIONS ON USE: TECHNICAL MICROFORM DATA FILM SIZE: 3'^*> SiL. DATE FILMED: REDUCTION RATIO: I2x IMAGE PLACEMENT: lA W IB MB 'oUij^^ INITIALS: W-va/ TRACKING # : ^S// HfiitJIS^^ 0/3 fg FILMED BY PRESERVATION RESOURCES. BETHLEHEM. PA. > O a o o no O c/) X -< (Ji 3 3 > DD 0,0 o m Q.T1 ^ =" ^ >sj o o CO ^ cz X N X M ^ .o?^ o: yP^ ^ A \ (II o 3 3 i^^ o o 3 3 ro O ff^i^iPi^KiiT M^ CO c> 00 ro b N3 00 In 1.0 mm 1.5 mm 2.0 mm ABCDEFGHUKLMNOPORSTUVVVXYZ abcdefghi|klmnopqrstuuwxyz 1234567890 ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyzl234567890 ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 1234567890 2.5 mm ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 1234567890 V .<^ mcr feTo :0 ^f^ l^c, .,<^^ ^^ 'b fc? f^ m O O ■o m -o I z 2 o ni I H ^ S o>o > C Cd I ^ ^ ^ O 00 0 aOD "5.0 3i is << ^ NO) c»rM 8 /^* '- "^^. O -^ « O 3 X 3 J— o 5^ *< 33 M C/) •-—I ■^< cnx OOM VO O ■«►. ■^ 'A c^P. I ':s • " 1 n I N I STRX o F rn •R« N "i^po srr ATI { \ h II A.D. 1919 i fj II II ii Power to grant through- runnings on tramways. Power to retain lands, Provisions as to officers and servants. 11 1 [Ch. 50.] Ministry of TranspcyH Act, 1919. [9 & 10 Geo. 5.] within thirty days of receiving notice of such requirements from the Minister, appeal, in the case of an undertaking situate in England or Wales, to the Lord Chief Justice of England, or m the case of an undertaking situate in Scotland, to the Lord President of the Court of Session, or, in the case of an under- taking situate in Ireland, to the Lord Chief Justice of Ireland and, if it appears to such Lord Chief Justice or Lord President that a prima facie case is made out that the requirements of the Minister would be so injurious as aforesaid, he shaU forth- with appoint an arbitrator to hold an immediate inquiry, and, if the arbitrator reports that the carrying out of the require^ ments of the Minister will be so injurious as aforesaid, the Minister shall revoke his requirements, without prejudice to the power of the Minister to issue a new order. 5. The Minister shall have the power to require through- runnings on adjoining tramways belonging to different owners, whether local authorities or not, and in default of agreement between such owners to settle the terms of such through-running after hearing the said owners, in such manner as he thinks fit. 6. Where in pursuance of any direction given by the Mimster under this Act the owners of any undertaking shall acqmre any lands or easement, or construct any works, or carry out any alteration or improvement of or addition to their undertaking, the owners may, after the expiration of the period of possession, continue to hold and use such lands or easement and maintain and use such works, alteration, improvement, or ' addition for \he purposes of their undertaking, and such land, easement, works, alteration, improvement, and addition shall for all purposes be deemed to form part of their undertaking. 7.— (1) The following provi^ons shall apply with respect to ofiicers or servants of any undertaking of which, or of any part or plant of which possession has been retained or taken under this Act (aU of which officers and servants are in this Act hereinafter referred to as " existing officers and servants ") :— (i) Where the Minister requires the services of any existing officer or servant, that officer or servant may be trans- ferred to the Minister— (a) either permanently with the consent of the officer or servant; or (6) temporarily with the consent (which shall not unreasonably be withheld) of the officer or servant, and of the owners of the undertaking; [9 & 10 Geo. 5.] Ministry of Transport Act, 1919. [Ch. 50.] (ii) No existing officer or servant so transferred, whether A.D. 1919. temporarily or permanently, shall without his con- sent be, by reason of such transfer or anything done under this Act, in any worse position in respect to the conditions of his service (including tenure of ^ office, remuneration, gratuities, pension, superannua- tion, sick fund or any benefits or allowances, whether obtaining legally or by customary practice), as com- pared Avith the conditions of service obtaining mth respect to him at the passing of tliis Act, and, if any question arises as to whether the provisions of this paragraph have been complied with, the question shall be referred to a standing arbitrator or board of arbitration appointed by the Ix)rd Chancellor for the purposes of this section, and, if the arbitrator or board consider that those provisions have not been complied with and that the officer or servant has thereby suffered loss or injury, they shall award him such sum as they think sufficient to compensate him for such Idss or injury : (iii) Where an existing officer or servant has been transferred either temporarily or permanently to the Minister under this section, then, so long as the Minister remains in possession of that undertaking or any part or plant thereof, that officer or servant may remain a full member of any pension or superannuation fund estabUshed in connexion with the undertaking with all the rights to which he would be entitled had he continued in the service of the owners of the under- taking, and any contributions payable under the rules of the pension or superannuation fund or by customary practice by the owners of the undertaking may be paid by the Treasury out of moneys provided by ParUament, and he shall be entitled to receive such reasonable allowances for temporary disturbance as the Minister with the consent of the Treasury may determine (including direct pecuniary loss sustained in consequence of the transfer) : (iv) Every existing officer or servant not transferred to the Minister in pursuance of this Act shall, notwith- standing the powers conferred upon the Minister by this Act, continue to hold his office or situation if It A.D. 1919. I [Ch. 50.] Ministry of Transpo)'t Act, 1919. [9 & 10 Geo. 5.] under the owners of the undertaking under the same tenure and upon the same terms and conditions (including all conditions regarding gratuities, pension, superannuation, sick fund, or any benefits or allow- ances), whether obtaining legally or by customary practice, as he held it on the date of the passing of this Act, and while performing the same duties shall receive not less salary, wages, or remuneration than under existing regulations, agreements, or established customs of the service he would have been entitled to if this Act had not been passed : (v) Tlie Minister may direct that the office or situation of any existing officer or servant which he deems unnecessary shall be abolished: Provided that the Minister shall not require the abolition of any such office which will, in the opinion of the owners of the undertaking, be essential to them in their conduct of the undertaking at the end of the period of possession : (vi) If by or in consequence of a direction of the Minister any existing officer or servant is, during the period of possession, required to perform duties such as are not analogous or which are an unreasonable addition to those which he has, prior to the date of the passing of this Act, been required to perform, such officer or servant may relinquish his office or service : (vii) Every such officer or servant who so relinquishes his office or service as aforesaid, and every such officer or serv^ant whose services by or in consequence of any such direction are dispensed with on the ground that his services are not required, or for any reason not being on account of any misconduct or incapacity, or whose salary, wages, or remuneration are reduced on the gi'ound that his duties have been diminished by or in consequence of any such direction, or who otherwise suffers any direct pecuniary loss in con- sequence of this Act (including any loss of prospective superannuation or other retiring or death allowances, whether obtaining legally or by customary practice), shall be entitled to be paid by the Minister compen- sation for such pecuniary loss, to be determined by the Treasury, subject to appeal to such standing 10 [9 & 10 Geo. 5.] Ministry of Transport Act, 1919. [Oh. 50.] arbitrator or board of arbitration as aforesaid, in A.D. 1919. accordance with the provisions contained in section one hundred and twenty of the Local Government 51&52Vict. Act, 1888, relating to compensation to existing officers, *'• and those provisions shall apply, accordingly as if they were herein re-enacted with the necessary modifications : Provided that, in the case of any officer or servant who was appointed to his office as a specially qualified person at an age exceeding that at which public service usually begins, or of any officer or servant who suffers any loss of prospective superannuation or other retiring or death allowances as aforesaid, such addition may be made to the amount of compensation authorised under the said provisions as may seem just, having regard to the particular circumstances of such case: Provided further that the expression in sub- section (1) of section one hundred and twenty of the Local Government Act, 1888, "the Acts and Rules " relating to Her Majesty's Civil Service " shall mean the Acts and Rules relating to His Majesty's Civil Service which were in operation at the date of the passing of the Local Government Act, 1888. (2) Any person formerly in the employment of the owners of an undertaking of which or of any part or plant of which possession is retained or taken under this Act, who on the date of the passing of this Act is, though not legally entitled thereto, in receipt of a pension or other superannuation allowance, shall continue to receive from the owners of such undertaking the same pension or allowance on the same terms and conditions as if this Act had not been passed. (3) Any person who, at the date of the passing of this Act, was in the employment of the owners of an undertaking of which or of any part or plant of which possession is retained or taken under this Act and who, during the period of such possession, would, though not legally entitled thereto, in accordance with customary practice, be granted a pension or superannuation allowance by the owners of such undertaking, shall not be in any worse position in regard thereto by reason of the passing of this Act. (4) Tliis section shall apply to persons who are, or have been members of the staff of the Railway Clearing House, or 11 w ^ A.D. 1919. 'li Claims against and by the Min- ister in re- spect of exercise of powers. I [Ch. 50.] Ministry of Transport Act, 1919. [9 & 10 Geo. 5.] the Irish Railway Qearing House, or any raUway conference, m like manner as if they were, or had been, officers or servants of an undertaking of which possession had been taken and the period of possession thereof had been the same as that of a railway undertaking, and to the Railway Clearing System Super- annuation Fund, as if it was a pension or superannuation fund established m connexion with an undertaking of which possession Has been taken, and as if payments and contributions heretofore made by railway companies thereto were contributions payable by the owners of the undertaking. .u ^'~^^^ ^^''''^ ^* *^^ ^"^^ ""^ ^^^ P^^^^^ «f possession by the Government of any undertaking or of any part or plant of an undertaking the value of the undertaking on a revenue- earning basis has been reduced or enhanced as compared with the value at the commencement of such period, or where during that period the income thereof has been reduced or enhanced after takmg into account in either case— (a) any capital expenditure by the owners of the under- taking on any works brought into use in the interval; and (h) the natural growth of traffic on the undertaking, then, if and so far as such reduction or enhancement is due to the exercise by the Minister during that period upon the under- taking m question of the powers under section three of this Act (including such powers as have been hitherto exercised by the Board of Trade as mentioned in paragraph (1) {a) of that section) the owners of the undertaking shaU, unless such reduction or enhancement is otherwise provided for by the compensation mentioned in paragraph (1) (a) of that section, be entitled to be recouped, or hable to pay, the amount by which that value has been so reduced or enhanced, and if any question arises as to such amount or the hability to pay the same or otherwise with respect to the financial relations between 'the Minister and any person affected by the exercise by the Mimster of any of his powers under the said section, the question shall be determined by the Railway and Canal Commission having regard to all the circumstances of the case : Provided that — (i) no claim in respect of any loss alleged to be due to any direction issued by the Minister shall be [9 & 10 Geo. 5.] Ministry of Transport Act, 1919. [Ch. 50.] entertained if the direction was issued with the A.D. 1919. concurrence of the owners of the undertaking; and (ii) if, whilst an undertaking of which or of any part or plant of which possession has been taken remains in the possession of the Government, the State is authorised by Parliament to acquire the under- taking, nothing in this subsection restricting claims for enhancement attributable to the exer- cise by the Minister of such powers as aforesaid to cases where the value of the undertaking has been enhanced as compared with the value thereof at the commencement of the period of possession shall be held to affect, one way or the other, any question as to the principle on which the price to be paid on such acquisition is to be based. (2) Without prejudice to any other form of payment or satisfaction, the Treasury, on the recommendation of the Minister, may, as or as part of the consideration for exercising any powers of control under the said section, guarantee the payment of any dividends or interest on any stock or other securities issued by the owners of an undertaking up to such amount as may be agreed, or the payment of any working expenses of the undertaking, and any sums required to fulfil any such guarantee shall be paid out of moneys provided by Parliament. (3) Wherever the Minister has expended any sum in the capital improvement of any undertaking, the owners of the undertaking shall be liable to pay to the Minister the unex- hausted value of such expenditure at the end of the before- mentioned period, if and so far as such expenditure is not covered by the payments to be made by the owners imder the preceding provisions of this section, and that value shall, in default of agreement, be determined by the Railway and Canal Commission. (4) The owners of the undertaking may satisfy any payment due from them under this section by creating a charge in favour of the Treasury upon the undertaking to such amount and in such form and with such priority as may be agreed, or, in case of difference, may be settled by the Railway and Canal Commission, who shall have due regard to the rights and interests of all parties concerned, but the charge so created 13 A.D. 1919. Power to establish transport services. [Ch. 50J Ministry of Transport Act, 1919. [9 & 10 Geo. 5.] shall in no case take priority to any capital raised by loan or debenture stock issued by the owners of the undertaking. (5) Any claim by a railway company against the Govern- ment for compensation in respect of the exercise by the Board of Trade of any powers over or in respect of the undertaking in pursuance of section sixteen of the Regulation of the Forces Act, 1871, or with the consent of the railway company, or otherwise, may be determined by the Railway and Canal Com- mission in like manner as if it were a claim arising under this section, and the Minister was the person liable to satisfy the claim. (6) The Minister shall indemnify, and keep indemnified, the owners of any undertaking of which or of any part of which, or of any plant of which possession has been retained or taken,' and the owners of any harbour, dock or pier undertaking^ against all actions, claims, and demands made in respect of loss or injury alleged to be caused by the carrying out of any directions given by the Minister under section three of this Act, or, as the case may be, any requirements contained in any order made by the Minister under section four of this Act : Provided that, where the loss or injury is due to the breach of any contractual obligation, the Minister shall not be liable under this provision unless before carrying out the directions the owners of the undertaking have given written notice to the Minister of the existence of the obligation. 9.— (1) It shall be lawful for the Minister to establish, and either by himself or through any other person to work, transport services by land or water, and to acquire either by agreement or compulsorily such land or easements, to construct such works, and to do all such other things, as may be necessary for the purpose : Provided that — (i) no new transport service shall be established by the Minister until an estimate of the capital expendi- ture required to complete it, accompanied by details of the scheme for the establishment of the service, . has been approved by the Treasury; (ii) if in the case of any such service such estimate as aforesaid exceeds half a million pounds, or if the establishment of any such service involves the acquisition of land or easements compulsoril}^, or [9 & 10 Geo. 5.] Ministry of Transport Act, 1919. [Ch. 50.] the breaking up of any roads, the Minister shall A.D. 1919. not exercise his powers of establishing the service unless authorised to do so by Order in Council a ^ draft whereof has been approved by a resolution passed by both Houses of Parliament, and the Order may incorporate the provisions of the Lands Clauses Acts, subject to such modifications as may be speci- fied in the Order, being modifications of those Acts made or authorised to be made by the Develop- ment and Road Improvements Funds Act, 1909, or any other enactment, and the Order may also incorporate or apply any enactments relating to the construction and maintenance of the works in question ; (iii) where it appears to the Minister that the establisli- ment of any such service could properly be undertaken by the owners of any existing under- taking, the Minister shall not himself establisli the service without first giving to such owners an opportunity of establishing the service, and, where such an opportunity is given to the owners of an undertaking of which possession has been letained or taken under section three of this Act, and those owners prefer that the establishment of the service .should be undertaken by themselves rather than by the Minister, they may require the Minister to give them directions under that section to that effect, but shall not be deemed to have tliereby concurred in those directions; and (iv) the Minister shall not, after two years from the passing of this Act unless Parliament otherwise determines, connnence the construction of any new works, or provide equipment for any transport service not established before that date. (2) The Minister or other person vvorkhig a service estab lished under this section may charge such rates, fares, tolls, and charges in connexion therewith as may be prescribed b> the Minister, subject to reference to the Advisory Committee on Rates hereinafter established, and the expenses of working such services shall be paid out of the revenues derived there- from, and the Minister shall keep or cause to be kept such accounts of the receipts from and expenditure on tlie services B 15 Extra- • ordinary traffic. 41 & 42 Vict. c. 77. 41 &42Vict. e. 51. 1 & 2 Geo. 5. e. 45. Ap|>eal as to bridges. [Ch. 50J Ministry of TranspoH Act, 1919. [9 & 10 Geo. 5.] A.B^19. and in such form, and those accounts shaU be audited in such manner as the Treasury may prescribe. 10. Any transport service on roads established by the Mmistry shall be subject to the provisions relating to extra- ordinary traffic contained in the Highways and Locomotives (Amendment) Act, 1878, or in Scotland the Roads and Bridges (Scotland) Act, 1878, or in Ireland the PubUc Roads (Ireland) Act, 1911 (as amended by any subsequent enactment). 11. An appeal shall lie to the Minister in respect of any restriction upon any traffic passing over or seeking to cross any bridge or culvert, and the Minister shaU have power, notwith- standing any provision in any other statute, to make such order as he may think fit concerning the strengthening, standard of maintenance, and maintenance of any bridge or culvert, the traffic using it or seeking to use it, and apportiomnent of any expenditure involved, but no order made by the Minister under this section shall enlarge the pecuniary Habihty of any railway or canal company or impose any new habihty upon anv such company. Provisions 12. Section twenty of the Local Government (Emergency rouTesTr ^^^^^i^^^) ^ct, 1916 (which relates to the estabhshment of new omnibuses, ^o^t^s for omnibuses), shall continue in force until the expiration 6&7Geo.5. of two years after the passing of this Act, and shaU have effect ^*^^- as if — {a) the following provision was substituted for subsection (2) of the section (that is to say) : — (2) Except as provided in subsection (4), this section shall not be deemed to detract from any existing powers of highway authorities in regard to omnibuses. (l>) the foUowing subsection was added to the section (that is to say) : — (4) Where, upon application for a licence to ply for hire w\th an omnibus, the hcensing authority either refuses to grant a licence or grants a Ucence subject to conditions, in either case the apphcant shall have a right of appeal to the Minister of Transport from the decision of the licensing authority, and the Minister shall 16 [9 & 10 Geo. 5.] Ministry of Transport Act, 1919. [Ch. 50.] have power to make such order thereon as he may A.D. 1919. think fit, and such order shall be binding upon the licensing authority. 13. — (1) It shall be lawful for the Minister to purchase Powers as privately-owned railway wagons required for use on any railway ^^J^^^^ on such terms and conditions as may be authorised by or under '^^^ons. an Order in Council, a draft whereof has been approved by a Resolution passed by both Houses of Parhament, and to work or lease any such wagons when so purchased, or to apportion them among the several railway undertakings in such manner, on such terms, and subject to such conditions as may be provided by or under the Order : Provided that the Minister shall not be entitled to purchase in England and Wales, or Scotland, or Ireland, respectively, wagons used for the conveyance of any particular class of traffic unless he purchases all privately-owned wagons so used which belong to or are used by persons carrying on business therein, and which comply with the regulations with respect to such wagons in force at the date of such purchase. (2) Where, in the case of any wagon which has been in use on or before the fifteenth day of May, nineteen hundred and nineteen, the wagon has since that date been the subject of a purchase agreement, the price paid on such pm-chase shall not be evidence of the value of the wagon in determining the price to be paid by the Minister. (3) Where the Minister has, in pursuance of his powers under this section, purchased any wagon, any contract then in force for the repair of the wagon shall upon the purchase be determined, unless otherwise agreed with the Mnister. (4) Where the Minister exercises his powers of purchasing wagons under this section, or of prohibiting or restricting the use of privately-owned wagons, or of limiting the number of wagons to be so used, the following provisions shall have effect : — (a) The reasonable facilities which every railway company is required to afford under section two of the Railway and Canal Traffic Act, 1854, as amended or explained 17 & ISVict. by any other Act, shall, where the railway wagons of ^' ^^• traders of any class have been purchased, include the provision of suitable railway wagons for the use of traders of that class, and it shall be the duty of the C 17 • ♦ HI A.D. 1919 7 & 8 Vict. C.20. 7 & 8 Vict. c. 33. Power to discharge capital lia- bilities by issue of Stock. [Ch. 50.] Ministry of Transport Act, 1919. [9 & 10 Geo. 5.] Minister so to exercise his powers of working or disposing of the wagons purchased by him as to enable the railway companies to fulfil their obligations under this provision as fully as may be practicable : (6) Where the provision of wagons is not included in the authorised maximum rates of conveyance, a railway company may charge for the use of such wagons such sums as may be du-ected by the Minister under section three of this Act, and, if and so far as no such directions are in force, any sums not exceeding those prescribed for the use of such wagons by any Railway Rates and Charges Order apphcable thereto : (c) Notwithstanding the provisions of any other Act or any decision thereunder, in determining what sum may be charged under the provisions of any Railway Rates and Charges Order for the detention of wagons at the premises of any trader, regard shaU be had to the requirements and reasonable usages of the trade carried on at those premises in connexion with which such wagons are used. (5) Notwithstanding any statutoiy or other provi.sion to the contrary, it shaU be lawful for the Minister to make regulations prohibitmg or restricting the use on railways of privately-owned wagons or limiting the number of wagons to be so used and prescribing the type and capacity thereof : Provided that nothing in this Act shall authorise the pro- hibition of the use on railways of such wagons as comply with regulations for the time being in force made in pursuance of the Railways Clauses Consohdation Act, 1845, the Railways Clauses Consohdation (Scotland) Act, 1845, or any other enactment in force at the date of the passing of this Act, and as are in use under repair, or in course of construction at that date. 14.— (1) Any capital sum payable under this Act for reduc- tion in the value of an undertaking, or for the purchase of pnvately-owned railway wagons, or any interest therein, may be discharged in whole or in part, if the Treasury so direct, by the issue of securities, and the amount of such securities equivalent to such capital sum shall, in default of agreement, be determined by the Railway and Canal Commission. For that purpose the Treasury may create and issue securities which shall bear interest at such rate and shall be subject to [9 & 10 Geo. 5.] Ministry of Transport Act, 1919. [Ch. 50.] such conditions and regulations as to repayment, redemption, A.D. 1919. or otherwise as the Treasury may direct or prescribe, and the regulations may apply with the necessary modifications any of the enactments relating to local loans stock; the interest on any such securities as aforesaid shall — (a) in the case of securities issued for the purchase of railway wagons, be charged on the revenues derived from the wagons so acquired after payment thereout of working expenses, and, if and so far as such revenues are insufiicient, on the Consolidated Fund of the United Kingdom or the growing produce thereof; and (6) in the case of other securities, be charged on the Con- sohdated Fund of the United Kingdom or the growing produce thereof. (2) Where the whole or any part of the purchase money for the interest in railway wagons belonging to a wagon finance company is discharged by the issue to the company of such securities as aforesaid, and the company in consequence of the exercise by the Minister of his powers under this Act of purchasing railway wagons is wound up voluntarily, the hquidator may present to the court having jurisdiction to wind up the company a scheme for the discharge in whole or in part of the liabilities of the company to the holders of deben- tures or debenture stock of the company by means of the transfer to them of an amount of the securities so issued to the company, and, if the court sanctions the scheme, those HabiUties may be discharged accordingly. For the purpose of this subsection, " wagon finance com- pany " means a company whose principal business is the advance ot money to coUiery companies and other persons for the purpose of the acquisition by them of railway wagons. 15. An order made by the Minister authorising the owners Incoipora- of any railway undertaking to acquire any land (including ease- *^?^ ^^ ^^ ments), and to construct any works, or an Order in Council tions. authorising the Minister to acquire land compulsorily for the purpose of a railway, shall incorporate sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1845, or, in Scotland, sections seventy to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845 (which relate to the C 2 19 [Ch. 50.] Ministry of Transport Act, 1919. [9 & 10 Geo. 5.] A.D^19. working of mines), subject to any statutory modifications thereof then m force. Amendment of Special Acts (Ex- tension of Time) Act, 1915. 5 & 6 Greo. 5. c. 72. Power to make advances for certain purposes. 16. The penod of three years and six months from the passmg of this Act shall be substituted for the period specified m section two, subsection (3), of the Special Acts (Extension ot lime) Act, 1915, with respect to all undertakings of Avhich possession is retained or taken under this Act. 17.— (1) The Minister may, subject to the approval of the Ireasury, make advances out of the moneys provided by Parha- ment to any authority, company or person, either by way of grant or by way of loan, or partly in one way and partly in another, and upon such terms and conditions as he thinks fit for any of the following purposes : (a) The construction, improvement or maintenance of rail- ways, light railways, or tramways : (6) The construction, improvement or maintenance of roads, bridges, or ferries : (c) The construction, improvement or maintenance of harbours, docks or piers : {d) The construction, improvement or maintenance of canals or inland navigations : (e) The promotion and improvement of transport services by land or water: And the power of the Treasury on the recommendation of the Development Commissioners to make advances for any of the purposes aforesaid shall cease and determine, except as respects advances for the construction, improvement, or maintenance of harboura m connexion with the improvement and development of fisheries, in which case the Development Commissioners shall consult with the Minister before reporting on any application referred to them : Provided that the Minister shall not make an advance exceedmg one miUion pounds at any one time for the purpose of any work, unless specially authorised to do so by a Resolution of the House of Commons. (2) For the purpose of advances for the construction improvement, or maintenance of roads, the Minister may after consultation with the Roads Committee hereinafter referred to and the local authorities affected, classify roads in such manner as he thinks fit, and may, by agreement with the local authority 20 •^' [9 & 10 Geo. 5.] Ministry of Transport Act, 1919. * [Ch. 50.] defray half the salary and establishment charges of the engineer or surveyor to a local authority responsible for the maintenance of such roads, subject to the condition that the appointment, retention, and dismissal of such engineer or surveyor, and the amount of such estabHshment charges, shall be subject to the approval of the Minister. 18. For the period of two years after the passing of this Act it shall be the duty of the owners of any railway, light railway, tramway, canal, inland navigation, dock, harbour, or pier undertaking, and the authority or person Hable to maintain any pubHc highway or bridge, to furnish to the Minister in such manner and form as he may direct, such accounts, statistics, and returns as he may require for the purpose of his powers and duties under this Act. 19. The provisions of the Railway and Canal Traffic Act, 1888, as amended by any subsequent enactment, relating to the procedure for the determination of questions by the Commission under that Act, including the provisions relating to appeals, shall apply to the determination of questions referred to the Commission under this Act, as if they were herein re-enacted and in terms made applicable to this Act : Provided that — (a) the Commission may, in any case in which they think it expedient to do so, call in the aid of one or more assessors, specially qualified, and hear the case wholly or partially with the assistance of such assessors; (6) the Commission may hold a local inquiry for the purposes of this section by any one of their members, or by any officer of the Commission or other person whom they may direct to hold the same, and the said provisions of the Railway and Canal Traffic Act, 1888, except the provisions relating to appeals, shall, so far as applicable, apply to such inquiries, and any officer or person directed to hold an inquiry shall have power to administer oaths and shall report the result of the inquiry to the Commission; (c) the discretion of the Commission with respect to costs shall not be limited in the manner provided by section two of the Railway and Canal Traffic Act, 1894. C 3 21 A.D. 1919. Accounts, statistics, and returns. Provisions as to the Railway and Canal Commission. 51 & 52 Vict c. 25. A.D. 1919. Power to hold in- quiries. Bates advisory committee. [Ch. 50.] Ministry of Transport Act, 1919. [9 & 10 Geo. 5.] 20.— {1) The Minister may hold such inquiries as he considers necessary or desirable for the purposes of this Act, and the Mimster, and, if authorised by the Minister, the person appointed to hold any such inquiry, may by order require any person subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce any documents in his possession or power which relate to any matter in question at the inquiry, and are such as would be subject to production in a court of law, and, if any person tails without reasonable excuse to comply with any of the provi- sions of any such order, he shall be hable, on summary conviction to a fine not exceeding five pounds, and the person holding the mquiry shall have power to take evidence on oath and for that purpose to administer oaths. (2) Notices of inquiries may be given and published in accordance with such general or special directions as the Minister may give. (3) The powers of the Minister under this section shall be m addition to and not in derogation of any powers of holding inquiries transferred to him from any other Government l>epartment under this Act. .1. ?}'^^^ ^""'^ *^^ purpose of giving advice and assistance to the Minister with respect to and for safeguarding any interests affected by any directions as to rates, fares, tolls, dues and other charges or special services, a committee shall be app<^inted consisting of five persons, one being a person of experience in the law (who shall be chairman) nominated by the Lord Chan- cellor, two being representatives of the trading and agricultural interests nominated by the Board of Trade, after consultation with the Associated Chambers of Commerce, the Central Chamber of Agriculture, and other interests concerned, one being a representative of transportation interests nominated by the Mimster, one being a representative of labour interests nomi- nated by the Minister of Labour, after consultation with the ParUamentary Committee of the Trades Union Congress and other interests concerned, together with, if deemed advisable one additional member who may at the discretion of the Minister be nominated from time to time by him. (2) Before directing any revision of any rates, fares, tolls dues, or other charges, or of any special services, the Minister shall refer the matter to the committee for their advice and they shall report thereon to him, and, where such revision is for [9 & 10 Geo. 5.] Ministry of Transport Act, 1919. [Ch. 50.] the purpose of an increase in the net revenue of any under- takings which the IVIinister determines to be necessary, the committee shall also advise as to the best methods of obtaining such increase from the different classes of traffic, having due regard to existing contracts and the fairness and adequacy of the methods proposed to be adopted. Before prescribing the limits of rates, tolls, or charges in connexion with a new transport service established imder section nine of this Act, the Minister shall refer the matter to the Committee for their advice. (3) The committee, before reporting or advising on any matters referred to them under this section, shall, unless in their discretion they consider it unnecessary or undesirable to do so, give such pubUc notice as they think best adapted for informing persons affected of the date when and the place where they will inquire into the matter, and any persons affected may make representations to the committee, and, unless in their discretion the committee consider it unnecessary, shall be heard at such inquiry, and, if the committee in their discretion think fit, the whole or any part of the proceedings at such inquiry may be open to the i)ublic : Provided that, for the purpose of this provision, the council of any city, borough, burgh, county, or district shaU be deemed to be persons affected in any case where such council or any persons represented by them may be affected *by any such proposed revision as aforesaid. (4) The committee shall hear such witnesses and call for such documents and accounts as they think fit, and shall have power to take evidence on oath, and for that purpose any member of the committee may administer oaths. (5) There shall be paid out of moneys provided by Parlia- ment to all or any of the members of the committee such salaries or other remuneration as the Minister, with the consent of the Treasury, may determine. (6) For the purposes of this section, " special services " means the services mentioned in section five of the schedule to the orders relating to railway rates and charges, and in the corre- sponding sections of the schedules to the orders relating to canal tolls, rates and charges, confirmed by various Acts passed in the years eighteen hundred and ninety-one to eighteen hundred and ninety-four. C 4 23 A.D. 1919. ' A.D. 1919. Boads advisory committee. [Ch. 50.] Ministry of Transport Act, 1919. [9 & 10 Geo. 5.] +1 ^'~}^'' ^T *^^ P"''P*'^*' °^ S^^'"g ^d^'^e and assistance to the Minister with respect to and for safeguarding any interests attected by the exercise of the powers and the performance of his duties under this Act in relation to roads, bridges and vehicles and traffic thereon, a committee (hereinafter referred to as the Roads Committee) shaU be appointed. (2) The Roads Committee shall consist of not less than eleven members, of whom five shaU be representative of highway authorities, appointed after consultation with such authorities, and five shall be representative of the users of horse and mechamcal road trafiic, appointed after consultation with the interests concerned, and one shall be a representative of labour appointed after consultation with the interests concerned. (3) The chairman shall be elected by the members of the lx)mmittee from among their own number and the secretary of the Roads Committee shall be appointed by the Minister. (4) The Roads Committee may make regulations as to their procedure and method of voting, and may at their discretion consider and report to the Minister upon any matters affecting the construction, improvement, or maintenance of roads or bridges or the regulation of traffic thereon. AAviaary eommittees. f. +1, ;7^ 1 P"^'''^ ""^ S^^^^g ^