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27

466

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15 & 16 GEO. 6

& 1 ELIZ. 2

Transport

but the exclusion by this provision of the said agreed charges and charges so fixed shall not affect any provision of the relevant agreement or determination of the Tribunal, being a provision by virtue of which the charge is increased in the event of an 5 increase in other charges.

The references in this section to charges for the carriage of passengers by rail do not include references to charges at rates agreed under section six of the Cheap Trains Act, 1883, or determined by the Transport Tribunal under the last preceding 10 section, but the exclusion by this provision of charges at rates agreed or determined as aforesaid shall not affect any provision of the relevant agreement or determination of the Tribunal, being a provision by virtue of which the charge is increased in the event of an increase in other charges.

15

The reference in this section to charges for the carriage of passengers by rail otherwise than on the railways operated through the London Transport Executive shall, if the London Transport Executive is abolished, be construed as references to charges for the carriage of passengers by rail other than such 20 charges as may be specified by regulations of the Minister, which shall be a statutory instrument subject to annulment in pursu- ance of a resolution of either House of Parliament.

(2) Where the Commission make an increase under subsection (1) of this section, the percentage fixed in the case of that 25 increase-

30

35

(a) shall not exceed ten per cent. ; and

(b) shall-

(i) where the increase affects only the charges mentioned in paragraph (a) of subsection (1) of this section or only the charges mentioned in paragraph (b) of that subsection, be the same for all the charges. affected by the increase;

(ii) where the increase affects both the charges mentioned in the said paragraph (a) and the charges mentioned in the said paragraph (b), be either the same for all the charges or the same for the charges mentioned in the said paragraphs (a) and (b) respectively,

and those charges, as increased by the percentage so fixed, shall 40 be made accordingly:

Provided that where the increase, as arrived at by applying the percentage, consists of or includes a fraction of a penny, that fraction of a penny shall, if it is less than one farthing, be left out of account, if it is not less than one farthing but less than 45 three-farthings, be deemed to be a half-penny and, if it is not

less than three-farthings, be deemed to be a penny.

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A.D. 1952

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