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TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 67

Supplemental provisions as to the railway undertaking.

67.(1) The railway undertaking shall not be subject to the provisions of
section 76 of the Railways Clauses Consolidation Act 1845 or of section 7 of
the Railway and Canal Traffic Act 1854 (which

(a)impose a duty to afford facilities for the connection of private sidings;
and

(b)regulate liability for negligence in the carriage of goods).

(2) The railway undertaking shall not be regarded as a common carrier.

(2) Subject to the following provisions of this section, all property which
immediately before the appointed day was the property of the Authority shall
vest in the Holding Company and, as from the appointed day,
the Holding Company shall, to the exclusion of the Authority, have all rights
and be subject to all liabilities which the Authority had or to which
the Authority were subject immediately before the appointed day (not being
rights or liabilities arising under any enactment repealed by this Act).

(3) Subject to the provisions of this section, every agreement to which
the Authority were a party, whether in writing or not and whether or not of
such nature that rights and liabilities thereunder could be assigned by
the Authority, shall, unless its terms or subject-matter make it impossible
that it should have effect as modified in the manner provided by this
subsection have effect as from the appointed day as if

(a)the Holding Company had been a party to the agreement; and

(b)for any reference (however worded and whether express or implied) to
the Authority there were substituted, as respects anything falling to be done
on or after the appointed day, a reference to the Holding Company; and

(c)any reference (however worded and whether express or implied) to any
officer or any servant of the Authority were, as respects anything falling to
be done on or after the appointed day, a reference to such person as
the Holding Company may appoint, or, in default of appointment, to the officer
or servant of the Holding Company who corresponds as nearly as may be to the
first mentioned officer or servant; and

(d)in the case of an agreement for the rendering of personal services to
the Authority, the services to which the agreement relates were, on and after
the appointed day, any reasonably comparable services under
the Holding Company, to be selected, by the Company; and

(e)save as provided by paragraphs (c) and (d), any reference (however worded
and whether express or implied) to the undertaking of the Authority were as
respects the period begining with the appointed day a reference to so much of
the undertaking of the Holding Company as corresponds to the undertaking of
the Authority.

(4) The provisions of subsection (3) (except paragraphs (a) and (d) thereof)
shall apply in relation to any statutory provision, any provision of any
agreement to which the Authority were not a party, and any provision of any
other document not being an agreement, as they apply in relation to an
agreement to which the Authority were a party.

The statutory or other provisions to which this subsection applies include
statutory or other provisions passed or made after the passing of this Act but
before the appointed day.

(5) Without prejudice to the generality of the preceding provisions of this
section, where, by the operation of any of the said provisions, any right or
liability becomes a right or liability of the Holding Company, the Company and
all other persons shall, as from the appointed day, have the same rights,
powers and remedies (and in particular the same rights and powers as to the
taking or resisting of legal proceedings or the making or resisting of
applications to any authority) for ascertaining, perfecting or enforcing that
right or liability as they would have had if it had at all times been a right
or liability of the Company, and any legal proceedings or applications to any
authority pending on the appointed day by or against the Authority, in so far
as they relate to any property, right or liability transferred to the Company
under this section, or to any agreement, statutory provision or document which
has effect in accordance with subsection (3) or subsection (4) of this
section, shall be continued by or against the Company to the exclusion of
the Authority.

© 1967 Crown Copyright

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