Bristol Transport Act 1937

Publication Date:January 01, 1937
 
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Bristol Transport Act 1937

(1 Edw. 8 & 1 Geo. 6) c. cxxv

An Act to confirm an agreement between the Bristol Corporation and the Bristol Tramways and Carriage Company Limited for the transfer to the said Corporation of the tramway and light railway undertaking of the said company and for the provision and joint working of stage carriages and express carriages by the said Corporation and the said company to confer powers upon the said Corporation in connection with the operating and abandonment of tramways and light railways and the running of stage carriages and express carriages to empower the said Corporation to borrow money and for other purposes.

[30th July 1937]

[1 Edw. 8. & Bristol Transport [Ch. CXXV ] 1 Geo. 6.] Act, 1937. CHAPTER cxxv. An Act to confirm an agreement between the a.d. 1931 Bristol Corporation and the Bristol Tramways and Carriage Company Limited for the transfer to the said Corporation of the tramway and light railway undertaking of the said company and for the provision and joint working of stage carriages and express carriages by the said Corporation and the said company to confer powers upon the said Corporation in connection with the operating and abandonment of tram ways and light railways and the running of stage carriages and express carriages to empower the said Corporation to borrow money and for other purposes. [30th July 1937.] W HEREAS the city and county of Bristol (hereinafter referred to as "the city") is a county borough under the government of the lord mayor aldermen and burgesses of the city (hereinafter referred to as "the Corporation") acting by the council of the city: And whereas the Bristol Tramways and Carriage Company Limited (hereinafter referred to as "the company") are possessed of and are now working a tramway and light railway undertaking authorised by the Bristol Tramways Acts 1872 to 1935 which undertaking comprises certain tramways of which the greater portion A 1 [Oh. CXXV.] Bristol Transport [1 Edw. 8. & Act, 1937. 1 Gio. 6.] A.D. 1937. is situate within the city and certain portions are situate outside the city and a light railway which is situate partly within and partly outside the city: And whereas the company under and in pursuance of the Road Traffic Acts 1930 to 1936 provide and run services of public service vehicles on routes certain of which are either wholly within or partly within and partly without the city: And whereas under and by virtue of the Bristol 4&5Geo. 5. Tramways Acts 1872 to 1935 and the Bristol Corporation c clxii. (Tramways) Act 1914 the Corporation are empowered to purchase the said tramway and light railway undertaking of the company at the times and upon the terms and conditions mentioned in those Acts : And whereas the company and the Corporation have entered into an agreement for (inter aha) the sale to and the purchase by the Corporation of the said undertaking of the company at the price of one million one hundred and twenty-five thousand pounds for the abandonment of the said tramways and light railway and for the provision and joint working by the parties thereto for a term of years of services of stage carriages and express carriages within or partly within and partly without the city : And whereas it is expedient that the said agreement should be confirmed and made binding upon the parties thereto as by this Act provided: And whereas it is expedient that the powers contained in this Act with respect to the operating and abandonment of tramways and light railways and the running of stage carriages and express carriages should be conferred upon the Corporation: And whereas the Corporation have entered into an agreement with the county council of the administrative county of Gloucester with respect to the removal of the rails and other equipment of such of the said tramways as are situate in the said county after the abandonment of those tramways and to the reinstatement of the roads affected by such removal and it is expedient that that agreement should be confirmed and made binding and that provision should be made for enabling the company to enforce such of the provisions of the 2 [1 Edw. 8. & Bristol Transport [Ch. CXXV.l 1 Geo. 6.] Act, 1937. said agreement as enure or purport to enure for their A.D. 1937. benefit: And whereas it is expedient that the other powers and provisions in this Act contained should be conferred and enacted: And whereas the purposes of this Act cannot be effected without the authority of Parliament: And whereas in relation to the promotion of the Bill for this Act the requirements of Part XIII of the Local Government Act 1933 have been observed : 23 & 24 May it therefore please Your Majesty that it may Gea 5- c 51 be enacted and be 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 as follows (that is to say): This Act may be cited as the Bristol Transport Short title. Act 1937. In this Act unless the subject or context other- Interpreta-wise requires tion. " the Corporation " means the lord mayor aldermen and burgesses of the city of Bristol; " the city" means the city and county of Bristol as constituted at the date of the passing of this Act; " the company " means the Bristol Tramways and Carriage Company Limited and includes their successors and assigns; " the transfer agreement" means the agreement dated the sixth day of May one thousand nine hundred and thirty-seven and made between the company of the one part and the Corporation of the other part of which a copy is set forth in the First Schedule to this Act and includes any modifications of that agreement which may be agreed in writing between the company and the Corporation under their respective common seals; " the tramways " means and includes the tramways constructed under the powers of the Bristol Tramways Acts 1872 to 1935 and the light A 2 3 [Ch. CXXV.] Bristol Transport [1 Edw. 8. & Act, 1937. 1 Geo. 6.] A.D. 1937. railway constructed under the powers of the St. George and Hanham Light Railway Order 1898 and "tramway" means any of the tramways; " equipment" in relation to the tramways means rails posts standards brackets cables wires ducts manholes works and apparatus forming part of or provided and used in connection with the tramways or any particular part thereof as the context may require but does not include the surfacing of the roads wherein the tramways are laid; " surfacing " includes paving paving setts macadam asphalt wood blocks or other surfacing or constituent material of that portion of any road wherein any of the tramways is laid which the Company are under the Bristol Tramways Acts 1872 to 1935 liable to keep in repair; " the appointed day " means the first day of October one thousand nine hundred and thirty-seven or the first Saturday after the expiration of six weeks from the date of the passing of this Act whichever is the later or (in the event referred to in proviso (2) or promo (3) to clause 9 of the transfer agreement) the date of completion of the purchase of the tramway undertaking by the Corporation; " the tramway undertaking " means and includes (i) the undertaking authorised by the Bristol Tramways Acts 1872 to 1935 including the light railway undertaking authorised by the St. George and Hanham Light Railway Order 1898; and (ii) all rights powers and authorities of the company in respect of the said undertakings; and (iii) the generating stations offices depots and freehold and leasehold lands specified in the First and Second Parts of the First Schedule to the transfer agreement and all buildings fixed machinery and plant on or in the said respective lands on the appointed 4 [1 Edw. 8. & Bristol Transport [Ch. CXXV.l 1 Geo. 6.] Act, 1937. day subject to all such exceptions reserva- A.D. 1937. tions rights rentcharges redemption annuities restrictive and other covenants and agreements as affect the said lands respectively whether or not specified in the said First Schedule to the transfer agreement; and (iv) such property or rights as the undertakers for the time being under the Bristol Tramways Acts 1872 to 1935 have in the equipment and surfacing; and (v) all tramway and fight railway carriages and all loose plant machinery appliances furniture and equipment (but not stores) owned by the company on the appointed day and used in connection with the said undertakings; the expressions "road" "public service vehicle" " stage carriage " and " express carriage " have the same respective meanings as,, in the Road Traffic Acts 1930 to 1936; " the county" means the administrative county of Gloucester; " the county council" means the county council of the county; "the Minister" means the Minister of Transport; and " statutory security " means any security in which trustees are for the time being by or under any Act of Parliament passed or to be passed authorised to invest trust money and any mortgage bond debenture debenture stock stock or other security authorised by or under any Act of Parliament passed or to be passed of any county council or municipal corporation or local authority as defined by section 34 of the Local Loans Act 1875 but does not include 38&39 Vict. annuities rentcharges or securities transferable c. 83. by delivery or any securities of the Corporation. 3.(1) Subject to the provisions of this Act the Confirma- transfer agreement as modified by subsections (2) and (3) tion of of this section is hereby confirmed and made binding *rCT^nt upon the Corporation and the company and effect may ad trans. and shall be given thereto accordingly : fer of under- A 3 5 takinS- [Ch. CXXV.l Bristol Transport [1 Edw. 8. & Act, 1937. 1 Geo. 6.] A.D. 1937. Provided that subject as hereinafter provided any of the provisions of the transfer agreement may from time to time be modified by agreement in writing between the Corporation and the company...

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