CAB129-53 — Page 46

15 & 16 GEO. 6

& 1 ELIZ, 2

Transport

25%

of that Act on the Commission to prepare and submit drafts of charges schemes shall be limited accordingly:

Provided that no fares for any service or part of a service which is the subject of a road service licence shall be made the 5 subject of any charges scheme after the passing of this Act and any fares which are the subject of a charges scheme in force at the passing of this Act shall cease to be subject thereto on the service or part of a service to which they relate becoming the subject of a road service licence.

10

15

20

25

30

(2) Any charges scheme submitted after the passing of this Act (including any such scheme revoking or amending a previous scheme) shall, as respects the services and facilities to which it relates, comply with the following requirements, that is to say-

(a) it shall not provide for fixed charges or standard

charges;

(b) it shall fix maximum charges in all cases in which it

appears practicable to fix maximum charges;

(c) in cases in which no maximum charge is fixed, it shall authorise the Commission to make such charges as may be reasonable and provide for any question as to the reasonableness of any such charge being determined by the Transport Tribunal, to the exclusion of any other court;

(d) it shall, whether by fixing or providing for the fixing of minimum charges or otherwise, provide for preventing the making by the Commission of unduly low charges; (e) it shall, save as aforesaid, leave the charges to be made to the Commission's discretion without imposing con- ditions or limitations thereon, other than conditions as to the publication of charges; and

(f) the provision which it makes for through charges shall be such as may be appropriate having regard to the preceding paragraphs of this subsection;

35 and the said section seventy-seven shall be limited accordingly.

(3) Any charges scheme relating to the carriage of merchan- dise shall have effect subject to the provisions of section thirty- seven of the Road and Rail Traffic Act, 1933 (which relates, amongst other things, to agreed charges for the carriage of 40 merchandise)..

·

(4) The provisions as to rights of objection and other similar rights set out in the Third Schedule to this Act shall have effect with respect to the submission of charges schemes, applications for the alterations of charges schemes and the review of charges 45 schemes.

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163

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D2

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A.D. 1952

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