A

BILL

ΤΟ

Make provision for enabling local authorities to A.D. 1928. provide and run omnibuses within and without their districts.

BE

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

1.-(1) A local authority if authorised by an Order Power to of the Minister under this Act, may provide and maintain run omni(but shall not manufacture) omnibuses and may run the buses. same within their district and may also run the same 10 without their district along any road which is an extension of or in connection with any tramway, trolley vehicle route or omnibus route, for the time being owned, run over or worked by the local authority:

Provided that a local authority shall not under the 15 powers of this Act run omnibuses along any road without their district unless either—

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(a) the road is specified in the Order as a road along
which omnibuses may be run thereunder; or

(b) the consent of the Minister is given to the
running of omnibuses along such road;

and the running of omnibuses along such road shall not
be authorised except with the consent of the council of
the borough or district in which the road is situate, but

A.D. 1928. the consent of such council shall not be withheld un-
reasonably and shall not be necessary if in the opinion
of the Minister it is withheld unreasonably.

(2) In the case of any application by a local authority
under the provisions of this Act for an Order authorising 5
the running of omnibuses along a road specified in the
Order or for the consent of the Minister to the running
of omnibuses along a road without the district of such
authority, such authority shall give notice in writing of
their proposals to the road authority and shall publish 10
notice of such proposals in the London Gazette or in the
Edinburgh Gazette (as the case may require) and in
such other manner as the Minister shall direct stating the
manner in which and the time within which any persons
affected by such proposals may object thereto in accord- 15
ance with any directions given by the Minister.

(3) Before making an Order under this Act or giving
a consent thereunder for the running of omnibuses by
a local authority without their district the Minister may,
if he thinks fit, direct a local inquiry to be held in accord- 20
ance with the provisions of Part I. of the Board of Trade
Arbitrations, &c., Act, 1874, and that Act shall apply as
if—

(a) this Act were a special Act;

(b) the Minister of Transport were referred to in the 25
said Act of 1874 in lieu of the Board of Trade;
and

(c) for the words "by writing under the hand of
"the President or of one of the Secretaries of

the Board" in section four of the said Act 30
of 1874 there were substituted the words
"under the seal of the Minister of Transport."

(4) The Minister may make an Order under this Act
on the application of the local authority and any such
Order may contain-

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(a) Provisions requiring the local authority to con-
tribute to the cost of adapting, altering or
reconstructing any road outside the district of
the local authority, or strengthening any bridge
outside that district, which shall be necessary 40
in order to provide for the running under the
powers of the Order for an omnibus service over

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10

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such road or bridge, and in that event modi- A.D. 1928.
fying or excluding the provisions of section
twenty-three of the Highways and Locomotives
(Amendment) Act, 1878, and section twelve of
the Locomotives Act, 1898, which relate to
extraordinary traffic;

(b) Provisions authorising the local authority to
borrow money in such manner and upon such
security as may be prescribed by the Order;
(c) Provisions as to the formation of reserve funds,
the application of revenue, the payment of
expenses and the keeping of accounts;

(d) Provisions enabling the Minister to determine
the powers of the Order;

(e) Such supplemental and incidental provisions as
the Minister may deem necessary.

(5) An Order made under this Act may be amended by a subsequent Order of the Minister made on the application of the local authority authorised by the Order 20 to provide and maintain omnibuses.

(6) An Order made by the Minister under this Act shall (except as provided by subsections (8) and (9) of this section) have effect as if enacted by Parliament, and shall be conclusive evidence that all the requirements 25 of this Act in respect of proceedings required to be taken before the making of the Order have been complied with.

(7) The Minister may make such rules as he thinks necessary for regulating the procedure under this Act, 30 the payments in respect thereof and any other matters which he may think expedient to regulate by rule for the purpose of carrying this Act into effect.

(8) If the Minister on consideration of an application for an Order under this section is of opinion that by 35 reason of the magnitude of the proposed undertaking or for any other special reason relating thereto the proposals ought to be submitted to Parliament he may, if he thinks fit, submit them to Parliament by bringing in a Bill for the confirmation of the Order.

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(9) If, while a Bill confirming any such Order is pending in either House of Parliament, a petition is presented against the Order, the Bill, so far as it relates

A.D. 1928. to the Order, may be referred to a select committee, or, if the two Houses of Parliament think fit so to order, to a joint committee of both Houses, and the petitioner shall be allowed to appear and oppose as in the case of private Bills.

Further

as to omnibuses.

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2. (1) Any local authority authorised to run omniprovisions buses under this Act may purchase by agreement, take on lease and hold lands and buildings and may erect on any lands acquired by them omnibus, carriage and motor houses, buildings and sheds and may provide such 10 plant, appliances and conveniences as may be requisite or expedient for the establishment, running, equipment, maintenance and repair of such omnibuses.

Fares and charges.

(2) Every omnibus provided under this Act which is moved by electrical power shall be so equipped and 15 worked as to prevent any interference with telegraphic communication by means of any telegraphs of the Postmaster-General.

(3) Every local authority authorised to run omnibuses under this Act shall perform in respect thereof 20 such services in regard to the conveyance of mails as are prescribed by the Conveyance of Mails Act, 1893, in the case of a tramway to which that Act applies.

(4) The provisions of section fifty-one (Penalty on passengers practising frauds on the promoters) 25 and section fifty-six (Recovery of tolls, penalties, &c.) of the Tramways Act, 1870, shall apply to and in relation to the omnibuses provided under this Act as if they were carriages used on tramways.

(5) Any local authority authorised to run omnibuses 30 under this Act may make byelaws for regulating the travelling and for the prevention of nuisances in or upon such omnibuses or in or against any premises held by the local authority in connection therewith. Any such byelaws shall be made subject to and in 35 accordance with the provisions of the Tramways Act, 1870, with respect to the making of byelaws and those provisions shall apply accordingly.

3.-(1) A local authority authorised to run omnibuses under this Act may demand and take for passengers and 40 parcels carried on the omnibuses such fares and charges as they may think fit: