Railway Rates and Charges, No.25 (North British Railway, &c.) Order Confirmation Act 1892
| Jurisdiction | UK Non-devolved |
| Citation | 1892 c. lxiii |
| Year | 1892 |
[55 & 56
ViCf.]
Railway
Bates
and
Charges,
No.
25
[Oh. Ixiii j
(North
British
Railway,
8fc),
Order Confirmation
Act, 1892.
CHAPTER lxiii.
Ao.
Act to confirm a Provisional Order made by the Board
A.D.
1892,
of Trade under the Railway and Canal Traffic Act, 1888,
containing the Classification of Merchandise Traffic, and
the Schedule of Maximum Eates and Charges applicable
thereto, of the North British Eailway Company, and
certain other Eailway Companies. [20th June 1892.]
W
HEREAS under the Eailway and Canal Traffic Act, 1888,
51
&52 Vint.
the Board of Trade embodied in a Provisional Order the
c>
25-
s#
2-1,
classification of merchandise traffic and schedule of maximum
rates and charges, including all terminal charges which, in the
opinion of the Board of Trade, ought to he adopted by the
North British Railway Company, and the Railway Companies con-
nected therewith which are specified in the schedule to the said
Provisional Order:
And whereas it is expedient that the Provisional Order, as
set out in the schedule to this Act annexed, be confirmed by Act of
Parliament:
Be it therefore enacted by the Queen'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 :
1.
This Act may be cited as the Railway Rates and Charges,
Short
title.
No.
25 (North British Railway, &c), Order Confirmation Act, 1892.
2.
The Order, as set out in the schedule to this Act annexed, Confirmation
shall be and the same is hereby contirmed, and all the provisions "^eMe.
of the said Order in manner and form as they are set out in the
said schedule shall, from and after the passing of this Act, have
full validity and effect.
[Price
Bs.
3d.] A 1
[Ch.
Ixiii.]1
Railway Rates and
Charges,
No. 25
[55 & 56
VICT.]
(North
British Railway, fyc), Order
Confirmation
Act, 1892.
Short
title.
Commence-
ment.
A.D.
1892.
SCHEDULE.
North
British ^=^=^=
Railway,
fcc.
Order of the Board of Trade under the Railway and Canal Traffic Act, 1888,
embodying the Classification of Merchandise Traffic and the Schedule of
Maximum Rates and Charges, including all Terminal Charges applicable to
the said Classification of the North British Railway Company, and certain
other Railway Companies connected therewith.
1.
This Order may be cited as the Railway Rates and Charges, No. 25
(North British Railway, &c), Order, 1892.
2.
This Order shall come into force and have effect on the first day of January
one thousand eight hundred and ninety-three, or such later date as the Board
of Trade may by order direct, which date is in this Order referred to as the
commencement of this Order.
Interpretation. 3. This Order is to be read and construed subject in all respects to the
provisions of the Railway and Canal Traffic Acts, 1873 and 1888, and of any
other Acts or parts of Acts incorporated therewith.
4.
From and after the commencement of this Order the maximum rates and
charges which the North British Railway Company, and the railway companies
connected therewith specified in the appendix to the schedule to this Order
in respect of railways specified in the said appendix, shall be entitled to charge
and make in respect of merchandise traffic on the railways of the said com-
panies,
shall be the rates and charges specified in the schedule to this Order
annexed, and shall be subject to the classification, regulations, and provisions
set forth in the said schedule.
Schedule
of
maximum
rates
and
charges.
SCHEDULE
OF
MAXIMUM
KATES
AND
CHARGES,
AND
CLASSIFICA-
TION
or
MERCHANDISE
TRAPPIC
APPLICABLE
TO THE
NORTH
BRITISH
BAILWAY
COMPANY,
AND
CERTAIN
OTHER
RAILWAY
COMPANIES
CONNECTED
THEREWITH.
I.—MAXIMUM
RATES
AND
CHAEGES.
1.
This schedule of maximum rates and charges shall be divided
into"
six
parts
:
Part L, containing the maximum rates and charges authorised in respect
of the merchandise comprised in the several classes of merchandise specified in
the classification; Part II. and Part III., containing the maximum rates and
charges authorised in respect of animals and carriages as therein mentioned;
"2 ...
[55 & 56 VICT.] Bailway Bates and Charges, No. 25 [Ch. Ixiii.]
{North British Bailway, #•<>.), Order Confirmation Act, 1892.
Part IV., specifying the exceptional charges mentioned in such part, and the AD. 1892.
circumstances in which they may be made; Part V, containing the rates
and charges authorised in respect of perishable merchandise by passenger train, fi^J£
with the provisions and regulations which are to apply to such class of mer-
chandise
;
and Part VI, containing the rates and charges authorised in respect
of small parcels by merchandise train, with the provisions and regulations which
are to apply to such parcels.
2.
The maximum rate for conveyance is the maximum rate which the
Company may charge for the conveyance of merchandise by merchandise train,
and includes the provision of locomotive power and trucks by the Company, and
every other expense incidental to such conveyance not otherwise herein provided
for. Provided that where, for the conveyance of any
merchandise,
the Company
do not provide trucks, the rate authorised for conveyance shall be reduced by
a sum which shall, in case of difference between the Company and the person
liable to pay the charge, be determined by an arbitrator appointed by the Board
of Trade.
3.
The maximum station terminal is the maximum charge which the Company
may make to a trader for the use of the accommodation (exclusive of coa]
drops) provided, and for the duties undertaken by the Company for which no
other provision is made in this schedule, at the terminal station for or in dealing
with merchandise, as carriers
thereof,
before or after conveyance.
4.
The maximum service terminals are the maximum charges which the
Company may make to a trader for the following services, when rendered to
or for a trader, that is to say, loading, unloading, covering, and uncovering
merchandise, which charges shall, in respect of each service, be deemed to
include all charges for the provision by the Company of labour, machinery,
plant, stores, and sheets. Provided that—
Where merchandise conveyed in a separate truck is loaded or unloaded
elsewhere than in a shed or building of the Company, the Company may
not charge to a trader any service terminal for the performance by the
Company of any of the said services if the trader has requested the
Company to allow him to perform the service for himself and the Company
have unreasonably refused to allow him to do so. Any dispute between
a trader and the Company in reference to any service terminal charged to
a trader who is not allowed by the Company to perform for himself the
service shall be determined by the Board of Trade.
5.
The Company may charge for the services hereunder mentioned, or any
of them, when rendered to a trader at his request or for his convenience, a
reasonable sum, by way of addition to the tonnage rate. Any difference
arising under this section shall be determined by an arbitrator to be appointed
by the Board of Trade at the instance of either party. Provided that where
before any service is rendered to a trader he has given notice in writing to
the Company that he does not require it, the service shall not be deemed to
have been rendered at the trader's request or for his convenience.
(i.) Services rendered by the Company at or in connexion with sidings not
belonging to the Company. A 2 3
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