A.D. 1952
Payments to Commission
out of Trans-
port Fund
in respect of
revenue due to·
transfer of traffic from rail to road.
18
Transport
Page 141
15 & 16 GEO. 6
& 1 ELIZ. 2
13.—(1) As soon as may be after the end of each of the following periods, that is to say-
(a) the period of two years beginning with the first day of January, nineteen hundred and fifty-three; and (b) each subsequent period of three years,
5
loss of railway the Minister shall obtain from the permanent members of the Transport Tribunal, acting as a consultative committee, an estimate of the average annual loss of net railway revenue. for that period caused to the Commission by users of the services provided by the Commission for the carriage of goods 10 by rail having, since the first day of January, nineteen hundred and fifty-three, discontinued or curtailed their use of those services and instead availed themselves of services for the carriage of goods by road.
(2) In making any such estimate the permanent members 15 of the Transport Tribunal shall—
(a) have regard to any evidence produced to them as to the extent to which persons have discontinued or curtailed their use of services provided by the Commission for the carriage of goods by rail and instead availed them- 20 selves of services for the carriage of goods by road, and, the extent to which that discontinuance or curtailment has led to a loss of net railway revenue and, in particu- lar, to any changes in the number of vehicles authorised under A, B and C licences, and in the volume of the 25 traffic carried by rail, due allowance being made for variations in the general level of production and trade in Great Britain; and
(b) disregard any loss of net railway revenue which the
Commission could have avoided by economies which 30 they could reasonably have effected in consequence of the discontinuance or curtailment:
Provided that, in the case of any period other than the first period, the members of the Tribunal shall not enter again into any matters considered by them in making their estimate for any 35 previous period and, save as provided by subsection (4) of this section, shall proceed upon the basis that their conclusions as to those matters, in so far as they are still relevant and applic- able, were correct.
(3) For the purpose of enabling the permanent members of 40 the Transport Tribunal to make any such estimate as aforesaid, the president or acting president of the Tribunal shall have the same powers as respects the attendance and examination of witnesses and the production and inspection of documents as the Tribunal have for the purposes of the exercise of their 45 functions as such, and when the permanent members of the
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Page 141
140
3
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