1. In the following provisions of the Cinematograph Film Extension of Production (Special Loans) Act, 1949 (in this Act referred to as period for the principal Act), as amended by the Cinematograph Film 12ai13gs0i4nS. Production (Special Loans) Act, 1950, that is to say- Geo. 6. c. 20. (a) paragraph (b) of subsection (1) of section one (Which 14Geo.6.c.18. authorises the making of loans by the National Film Finance Corporation during the I've years beginning with the passing of the principal Act), (lo) subsection (1) of section four (which authorises the Board of Trade, with the consent of the Treasury, to make advances to the Corporation within the said tive years, so, however, that the aggregate amount of the principal outstanding in respect of any such advances shall not at any time exceed six million pounds), and (c) sub-paragraph (1) of paragraph 8 of the Schedule (which empowers the Treasury in certain circumstances by order to dissolve the Corporation at any time after the expiration of the said live years), for the words live years there shall in each case be substituted the words eight years 1 2 & 3 ELIZ. 2 Cinematograph Film Production (Special Loans) Act, 1954 CH. 15 Power ro enter into arrangements with respect to certain loans. Short title, citation, etc. 2.-(l) If at any time the Corporation are satished with respect to any loan made by them which has fallen due for repayment that, except with harmful consequences to the production of films, the amount of the loan cannot be recovered in accordance with the terms thereof or by means of the remedies available, the Corporation may with the approval of the Board of Trade enter into any financial arrangements With respect to that loan Which, in the judgment of the Corporation, are calculated to lead to the eventual recovery Without such harmful consequences as aforesaid of the Whole or part of the amount of the loan, and any such arrangements may in particular provide for the waiving by the Corporation of payment of interest or for the acceptance by the Corporation of shares or debentures in any company in or towards repayment of the amount of the loan. (2) Where for the time being, under any such arrangements with respect to a loan, the Corporation are receiving no payment or are receiving smaller payments than they were to have received under the terms of the loan, the Board of Trade may with the approval of the Treasury postpone or remit in whole or in part any payments by the Corporation to the Board, being pay- ments of amounts in or towards repayment of any advance made by the Board under section four of the principal Act and used for the purposes of that loan or payments of interest on any sums for the time being outstanding in respect of any such advance. (3) The Board of Trade shall lay before each House of Par- liament a statement of any payment or part of a payment in respect of any advance made to the Corporation by the Board which is postponed or remitted by the Board under the last foregoing subsection, together with particulars of any arrange- ments entered into by the Corporation under subsection (1) of this section with respect to the loan for the purposes of which that advance was used. (4) In this section, the expressions shares, debentures and company have the same meanings as in the Companies Act, 1948. 3.-(1) This Act may be cited as the Cinematograph Film Production (Special Loans) Act, 1954, and shall be construed as one with the principal Act. (2) This Act and the Cinematograph Film Production (Special Loans) Acts, 1949 to 1952, may be cited together as the Cinematograph Film Production (Special Loans) Acts, 1949 to 1954. ### 1. In section four of the Statute of Frauds, 1677, the Words whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate, or the words or to charge any person upon any agreement made upon consideration of marriage and the words or upon any agreement that is not to be performed within the space of one year from the making thereof are hereby repealed in relation to any promise or agreement, whether made before or after the commencement of this Act. 2. Section four of the Sale of Goods Act, 1893, is hereby repealed in relation to any contract, whether made before or after the commencement of this Act. 3.--(1) This Act may be cited as the Law Reform (Enforce- ment of Contracts) Act, 1954. (2) This Act shall not extend to Northern Ireland. ### 1Issue and recall of bank notes by Bank of England. (1)The Bank of England may issue bank notes of such denominations as the Treasury may approve and shall not issue any other bank notes, and any bank notes issued under this section may be put into circulation in Scotland and Northern Ireland as well as in England and Wales. (2)All bank notes issued under this section shall be legal tender in England and Wales, and all such notes of denominations of less than five pounds shall be legal tender in Scotland and Northern Ireland. (3)Bank notes shall be payable only at the head office of the Bank of England unless expressly made payable also at some other place. (4)The holder of bank notes of any denominations shall be entitled, on a demand made by him during office hours at the head office of the Bank of England or, in the case of notes payable also at some place other than the head office, either at the head office or at that other place, to receive in exchange for the notes bank notes of such lower denominations, being bank notes which for the time being are legal tender in the United Kingdom or in England and Wales, as he may specify. (5)The Bank of England shall have power, on giving not less than one month's notice in the London, Edinburgh and Belfast Gazettes, to call in any bank notes on payment of the face value thereof, and any such notes with respect to which a notice has been given under this subsection shall on the expiration of the notice cease to be legal tender. (6)All bank notes which, immediately before the commencement of this Act, were legal tender in the United Kingdom, or were legal tender in England and Wales subject to the provisions of section six of the Bank of England Act, 1833 (under which five-pound notes were not legal tender by the Bank of England), shall be deemed to have been issued under this section and shall be legal tender accordingly in the United Kingdom or, as the case may be, in England and Wales. 2Amount of Bank of England note issue. (1)The Bank of England shall issue bank notes up to the amount representing the gold coin and gold bullion for the time being in the issue department of the Bank, and shall in addition issue bank notes to the amount of the fiduciary note issue as determined by or under the following provisions of this section. (2)Except as otherwise provided by a direction in force under this section, the amount of the fiduciary note issue shall be fifteen hundred and seventy-five million pounds. (3)If the Bank of England at any time represent to the Treasury that it is expedient that the fiduciary note issue, as for the time being determined by or under this section, should be altered, the Treasury may direct that the fiduciary note issue shall be such specified amount as may be agreed between them and the Bank, and thereupon, so long as the direction is in force, the fiduciary note issue shall be that amount, and any previous direction given under this subsection and still in force shall cease to have effect. (4)Subject to the following provisions of this section, a direction given under the last preceding subsection shall expire at the end of such period not exceeding six months as may be specified therein. (5)Any such direction may at any time be revoked by a direction of the Treasury made on the request of the Bank of England. (6)Any such direction may, subject to the next following subsection, from time to time be continued in force, by a direction of the Treasury made on the request of the Bank of England, for such period not exceeding six months as may be specified in the direction. (7)No direction under this section, being a direction whereby the fiduciary note issue stands at an amount greater than that specified in subsection (2) of this section, shall continue in force after the end of the period of two years beginning with the date on which the fiduciary note issue last stood at or below the amount so specified:Provided that the Treasury may by order direct that the said period, or as the case may be that period as for the time being extended under this proviso, shall be extended or further extended by two years. (8)The power to make an order under the last preceding subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (9)A direction under this section shall be given by a minute of the Treasury which shall be laid before Parliament. (10)The reference in section three of the Currency and Bank Notes Act, 1928, to the fiduciary note issue shall be construed as a reference to the fiduciary note issue as determined by or under this section. Interpretation. 3In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say:— " bank notes " means notes of the Bank of England payable to bearer on demand; " bullion " includes any coin which is not current and legal tender in the United Kingdom; " coin " means coin which is current and legal tender in the United Kingdom. 4Short title, repeals and commencement. (1)This Act may be cited as the Currency and Bank Notes Act, 1954. (2)Section six of the Bank of England Act, 1833, section six of the Bankers (Ireland) Act, 1845, section fifteen of the Bank Notes (Scotland) Act, 1845, sections one, two and eight of the Currency and Bank Notes Act, 1928 and sections one and four of the Currency and Bank Notes Act, 1939 are hereby repealed, and Regulations seven AA and seven AB of the Defence (Finance) Regulations, 1939, are hereby revoked. (3)This Act shall come into operation on such date as the Treasury may by statutory instrument appoint. ### 1Supplementary allowances and pensions. (1)The Secretary of State may with the consent of the Treasury make regulations for the payment out of moneys provided by Parliament, at such rates as may be prescribed by the regulations,— (a)of supplementary allowances to widows of former members of the Royal Irish Constabulary who are entitled to pensions payable under the enactments (other than this Act) relating to the pensions of that force; and (b)of pensions to such widows who are not so entitled,in such cases as he thinks fit, being cases which satisfy such conditions as may be prescribed by the regulations. (2)The said conditions shall include the following, that is to say:— (a)that the widow in question had married her husband before he ceased to be a member of the Royal Irish Constabulary; and (b)that she has attained the age of sixty or is incapable of self-support or, in such cases as may be prescribed by the regulations, that she has a dependent child; and (c)that she is ordinarily resident in the United Kingdom, any of the Channel Islands, the Isle of Man or the Republic of Ireland; and (d)as respects a pension, that her husband ceased to be a member of the Royal Irish Constabulary before the first day of September, nineteen hundred and eighteen or, if his rank was higher than that of head constable major, before the first day of April, nineteen hundred and nineteen. (3)Regulations under this Act may contain such consequential or incidental provisions as appear to the Secretary of State to be necessary or expedient, including, in particular— (a)provision as to the cases in which pensions or supplementary allowances under the regulations are to be varied, suspended or terminated or are to be applied otherwise than by being paid to the person to whom they were awarded; (b)provision for invalidating assignments of or charges on any such pensions or supplementary allowances and for preventing the passing of any such pension or allowance to any other person on the bankruptcy of the person to whom it was awarded. (4)Regulations under this Act may make provision for securing, in such cases as may be prescribed by the regulations, that where the widow of a former member of the Royal Irish Constabulary has remarried and again become a widow the same payments may be made to her under the regulations as if she had not remarried. (5)The power to make regulations under this Act shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 2Short title and interpretation. (1)This Act may be cited as the Royal Irish Constabulary (Widows' Pensions) Act, 1954. (2)References in this Act to pensions payable under the enactments relating to the pensions of the Royal Irish Constabulary do not include gratuities payable under those enactments. (3)For the purposes of this Act a woman shall be deemed to be incapable of self support if, but only if, she is incapable of supporting herself by reason of physical or mental infirmity and is likely to remain so incapable for a prolonged period. (4)In this Act " child " includes a stepchild and an adopted child; and " adopted " means adopted in pursuance of an order of a court of law. ### 1Restriction on exercise of rights of entry. (1)No right of entry to which this Act applies shall be exercisable in respect of any premises except— (a)with consent given by or on behalf of the occupier of the premises, or (b)under the authority of a warrant granted under the next following section:Provided that this subsection shall not apply where entry is required in a case of emergency. (2)This Act applies to all rights of entry conferred by the enactments relating to gas, by the enactments relating to electricity, or by any local enactment, in so far as those rights are exercisable for the purposes of a Gas Board or Electricity Board. (3)No person shall be liable to a penalty, under any enactment relating to obstruction of the exercise of a right of entry to which this Act applies, by reason only of his refusing admission to a person who seeks to exercise the right of entry without a warrant granted under the next following section. 2Warrant to authorise entry. (1)Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing,— (a)that admission to premises specified in the information is reasonably required by a Gas Board or Electricity Board, or by an employee of such a Board, for a purpose so specified; (b)that the Board or their employee, as the case may be, would, apart from the preceding section, be entitled for that purpose to exercise in respect of the premises a right of entry to which this Act applies; and (c)that the requirements (if any) of the relevant enactment have been complied with,then subject to the provisions of this section the justice may by warrant under his hand authorise the. Board or their employee, as the case may be, to enter the premises, if need be by force. (2)If, in a case to which the preceding subsection applies, the relevant enactment does not require notice of an intended entry to be given to the occupier of the premises, the justice shall not grant a warrant under this section in respect of the right of entry in question unless he is satisfied— (a)that admission to the premises for the purpose specified in the information was sought by a person lawfully requiring entry in the exercise of that right, and was so sought after not less than twenty-four hours' notice of the intended entry had been given to the occupier; or (b)that admission to the premises for that purpose was sought in a case of emergency and was refused by or on behalf of the occupier; or (c)that the premises are unoccupied; or (d)that an application for admission to the premises would defeat the object of the entry. (3)Where paragraph (a) of the last preceding subsection applies, section seventy of the Gas Act, 1948 (if entry is required for the purposes of a Gas Board) or section sixty-three of the Electricity Act, 1947 (if entry is required for the purposes of an Electricity Board) shall apply to the service of the notice required by that paragraph. (4)Every warrant granted under this section shall continue in force until the purpose for which the entry is required has been satisfied. (5)Any person who, in the exercise of a right of entry under the authority of a warrant granted under this section, enters any premises which are unoccupied, or premises of which the occupier is temporarily absent, shall leave the premises as effectually secured against trespassers as he found them. (6)Where a warrant is granted under this section in respect of a right of entry, then for the purposes of any enactment whereby— (a)an obligation is imposed to make good damage, or to pay compensation, or to take any other step, in consequence of the exercise of the right of entry, or (b)a penalty is imposed for obstructing the exercise of that right,any entry effected, or sought to be effected, under the authority of the warrant shall be treated as an entry effected, or sought to be effected, in the exercise of that right of entry. (7)This section shall, in its application to Scotland, have effect as if for any reference to a justice of the peace there were substituted a reference to the sheriff and to a magistrate or justice of the peace having jurisdiction in the place where the premises entry to which is sought are situated. 3Interrelation. (1)In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say,— " Electricity Board" has the same meaning as in the Electricity Act, 1947; " employee ", in relation to a Gas Board or an Electricity Board, means an officer, servant or agent of the Board; " enactment" includes a local enactment; " Gas Board " means an Area Board within the meaning of the Gas Act, 1948; " local enactment" means a local or private Act, or an order made under, or confirmed by, an Act (whether a public general Act or a local or private Act); " premises " means a building or a part of a building; " right of entry " includes a power of entry. (2)In this Act— (a)references to a person lawfully requiring entry to premises in the exercise of a right of entry to which this Act applies are references to a person seeking admission to those premises by virtue of that right and in accordance with the requirements (if any) of the relevant enactment; and (b)references to the relevant enactment, in relation to a right of entry, are references to the enactment conferring that right, and references to the requirements of the relevant enactment are references to any requirements of that enactment as to the giving of notices or the taking of any other step before, or at the time of, the exercise of the right. (3)References in this Act to a case of emergency are references to a case in which a person lawfully requiring entry to the premises in question, in the exercise of a right of entry to which this Act applies, has reasonable cause to believe that circumstances exist which are likely to endanger life or property, and that immediate entry to the premises is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy. 4Short title, extent and commencement. (1)This Act may be cited as the Rights of Entry (Gas and Electricity Boards) Act, 1954. (2)This Act shall not extend to Northern Ireland. (3)This Act shall come into operation at the expiration of the period of one month beginning with the day on which it is passed. ### 1Amendments of s.10 of Hill Farming Act, 1946. (1)Section ten of the Hill Farming Act, 1946 (which requires regulations to be made by the appropriate Minister for attaching conditions as to the occupation and maintenance of cottages in respect of which improvement grants are made under that Act, as amended by subsequent enactments, and for the recovery of such grants in the event of a breach of those conditions) shall have effect subject to the following provisions of this section. (2)So much of paragraph (a) of subsection (1) of the said section ten as requires that the conditions to be applied to a cottage by regulations made thereunder shall include a condition prohibiting the occupation of the cottage otherwise than by the owner or a tenant thereof shall cease to have effect; but in relation to a cottage which is for the time being occupied in pursuance of a contract of service by a person who is not a tenant of the cottage, the said conditions shall include a condition corresponding— (a)in the case of regulations for England and Wales or Northern Ireland, with the condition set out in subsection (4) of section two of the Housing Act, 1952 (which secures the possession of the occupier for four weeks if the contract of service is determined by the employer or by death); (b)in the case of regulations for Scotland, with the condition set out in subsection (2) of section six of the Housing (Scotland) Act, 1952 (which makes corresponding provision in Scotland). (3)Regulations made for the purposes of paragraph (b) of the said subsection (1) (which provides for the recovery of sums paid on account of grant in the event of a breach of conditions) shall provide— (a)for enabling the appropriate Minister to suspend the operation of the regulations in respect of any such breach which appears to that Minister to be capable of being remedied, and to except therefrom any such breach which is remedied to the satisfaction of that Minister within such period as he may allow or which appears to that Minister not to have been due to any act, default or connivance on the part of the person from whom any sums would be recoverable thereunder; (b)for limiting the amount recoverable under the regulations in the case of any other breach of conditions in respect of a cottage by reference to the extent to which the period for which those conditions were applied to the cottage remains unexpired at the date of the breach. (4)In any case where sums on account of an improvement grant in respect of a cottage are paid to a person not being the owner of the cottage, regulations made for the purposes of the said paragraph (b) may provide for recovery from that person, or his successors in title, instead of from the owner; and the said paragraph shall have effect as if for the words " payable to him " there were substituted the words “payable on account of the grant”. (5)Regulations made under the said section ten may be made so as to apply (subject to such modifications, if any, as may be specified therein) to cottages in respect of which improvement grants have been made before the date on which the regulations come into force, and shall be so made so far as necessary for giving effect to subsections (2) and (3) of this section. 2Registration of conditions applied to cottages under s.10 of the Hill Farming Act, 1946. (1)Any conditions applied to a cottage in England or Wales by virtue of regulations made after the passing of this Act under the said section ten shall be registered in the prescribed manner in the register of local land charges by the proper officer of the council of the county borough or county district in which the cottage is situated; and it shall be the duty of the appropriate Minister to notify the proper officer of the council in whose area the cottage is situated of any conditions to be registered under this subsection, and to furnish him with all necessary information relating thereto. (2)The power conferred by subsection (6) of section fifteen of the Land Charges Act, 1925, to make rules for giving effect to the provisions of that section shall be exercisable for giving effect to the foregoing subsection, and in that subsection the expression " prescribed " means prescribed by rules made in the exercise of that power. (3)Where any conditions apply to a cottage in Scotland by virtue of regulations made as aforesaid the appropriate Minister shall cause to be recorded in the appropriate Register of Sasines a notice in such form as may be prescribed by the said regulations specifying the conditions which by virtue of the said regulations apply to the cottage; and where the aforesaid conditions cease to apply to a cottage the appropriate Minister shall cause to be recorded in the appropriate Register of Sasines a notice in a form prescribed as aforesaid stating that the conditions no longer apply to the cottage. (4)Any conditions applied to a cottage in Northern Ireland by virtue of regulations made as aforesaid shall be included amongst the matters which are required to be registered in the Statutory Charges Register; and accordingly the following paragraph shall be added to subsection (1) of section two of the Statutory Charges Register Act (Northern Ireland), 1951:— “(l)Any conditions applied to a cottage by virtue of regulations under section ten of the Hill Farming Act, 1946.” (5)For the purposes of section six of the Government of Ireland Act, 1920 (which relates to the powers of the Parliament of Northern Ireland to make laws) subsection (4) of this section shall be deemed to have been passed before the date appointed for the purposes of the said section six. 3Short title, citation, construction and commencement. (1)This Act may be cited as the Hill Farming Act, 1954; and the Hill Farming Act, 1946, the Livestock Rearing Act, 1951, and this Act may be cited together as the Hill Farming and Livestock Rearing Acts, 1946 to 1954. (2)This Act shall be construed as one with section ten of the Hill Farming Act, 1946. (3)This Act shall come into operation at the expiration of a period of two months beginning with the date on which it is passed. ### 1Protection of wild birds, their nests and eggs If, save as permitted by or under this Act, any person wilfully— (a)kills, injures or takes, or attempts to kill, injure or take, any wild bird; or (b)takes, damages or destroys the nest of any wild bird while that nest is in use; or (c)takes of destroys an egg of any wild bird,or if any person has in his possession or control any wild bird recently killed or taken which is not shown to have been killed or taken otherwise than in contravention of this Act or any order made thereunder, he shall be guilty of an offence against this Act and, if that offence is committed in respect of a bird included in the First Schedule to this Act or in respect of the nest or egg of such a bird, shall be liable to a special penalty. 2Exceptions to s.1 with respect to certain wild birds, nests and eggs (1)Except in Scotland on Sundays and on Christmas Day or in a prescribed area on 'Sundays, an authorised person shall not be guilty of an offence under section one of this Act by reason of the killing or taking of, or an attempt to kill or take, a wild bird included in the Second Schedule to this Act, or by reason of the injuring of such a bird in the course of an attempt to kill it. (2)Except in Scotland on Sundays and on Christmas Day or in a prescribed area on Sundays, a person shall not be guilty of an offence under section one of this Act by reason of the killing or taking of, or an attempt to kill or take, a wild bird included in the Third Schedule to this Act outside the close season for that bird, or by reason of the injuring of such a bird outside that season in the course of an attempt to kill it. (3)Except in Scotland on Sundays and on Christmas Day, an authorised person shall not be guilty of an offence under section one of this Act by reason of the taking, damaging or destruction of a nest if that nest is in use by a wild bird included in the Second Schedule to this Act, or by reason of the taking of an egg of a wild duck, wild goose or swan if it is shown that the egg was taken for the purpose of causing it to be hatched. (4)Except in Scotland on Sundays and on Christmas Day, a person shall not be guilty of an offence under section one of this Act— (a)by reason of the taking or destruction of an egg of a wild bird included in the Second Schedule to this Act or of any other common wild bird which the Secretary of State may by order made with respect to the whole or any specified part of Great Britain prescribe for the purposes of this paragraph; or (b)by reason of the taking for the purpose of human consumption or of use as food for poultry, ornamental ducks, ornamental geese or swans, otherwise than from any area which the Secretary of State may by order specify for the purposes of this paragraph, of an egg of a black-headed gull or common gull; or (c)by reason of the taking or destruction of an egg of a lapwing before the fifteenth day of April in any year. (5)In subsections (1) and (2) of this section, the expression " prescribed area " means any administrative area in England or Wales which the Secretary of State may by order prescribe for the purposes of those subsections respectively. (6)In subsection (2) of this section, the expression " close season " means— (a)in the case of capercaillie and (except in Scotland) woodcock, the period in any year commencing with the first day of February and ending with the thirtieth day of September; (b)in the case of snipe, the period in any year commencing with the first day of February and ending with the eleventh day of August; (c)in the case of wild duck and wild geese in or over any area below high water mark of ordinary spring tides, the period in any year commencing with the twenty-first day of February and ending with the thirty-first day of August; (d)in any other case, subject to the provisions of section nine of this Act, the period in any year commencing with the first day of February and ending with the thirty-first day of August:Provided that the Secretary of State may by order made with respect to the whole or any specified part of Great Britain vary the close season for any wild bird specified in the order, so, however, that no such order shall prescribe a close season for any bird in any area commencing on a date later or ending on a date earlier than that which would have been applicable in the case of that bird in that area if this proviso had not been passed. 3Power to establish bird sanctuaries (1)With a view to the creation of bird sanctuaries, the Secretary of State may by order make provision with respect to any area specified in the order providing for all or any of the following matters, that is to say— (a)that any person who, within that area, at any time wilfully kills, injures or takes, or attempts to kill, injure or take, any wild bird shall be guilty of an offence against this Act; (b)that any person who, within that area, wilfully takes or destroys an egg of any wild bird shall be guilty of an offence against this Act; (c)that any person who, save as may be provided in the order, enters into that area during any period specified in the order shall be guilty of an offence against this Act; (d)that where any offence against this Act, or any such offence against this Act as may be specified in the order, is committed within that area, the offender shall be liable to a special penalty:Provided that an authorised person shall not by virtue of any such order be guilty of an offence— (i)by reason of the killing or taking of, or an attempt to kill or take, a wild bird included in the Second Schedule to this Act, or by reason of the injuring of such a bird in the course of an attempt to kill it; or (ii)by reason of the taking or destruction of an egg of such a bird; or (iii)by reason of the taking of an egg of a wild duck, wild goose or swan if it is shown that the egg was taken for the purpose of causing it to be hatched ; or (iv)by reason of the taking or destruction of an egg of a lapwing before the fifteenth day of April in any year;and the making of an order under this section with respect to any area shall not affect the exercise by any person of any right vested in him, whether as owner, lessee or occupier of any land in that area or by virtue of a licence or agreement. (2)Before making any order under this section the Secretary of State shall consult with any local authority within whose area the area with respect to which the order is to be made or any part thereof is situated and shall give particulars of the intended order either by notice in writing to every owner and every occupier of any land included in the area with respect to which the order is to be made or, where the giving of such notice is in his opinion impracticable, by advertisement in a newspaper circulating in the district in which that area is situated, and he shall not make the order unless either— (a)all the owners and occupiers aforesaid have consented thereto; or (b)at the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement, none of those owners or occupiers has objected thereto. (3)So much of any order made by the Secretary of State under the Wild Birds Protection Acts, 1880 to 1939, and in force immediately before the commencement of this Act as prohibits the taking or killing in any particular area of all wild birds or the taking or destruction in any particular area of the eggs of all wild birds shall be deemed to be an order duly made under this section, and subject to the provisions of this Act any person who contravenes that prohibition shall be guilty of an offence against this Act. 4General exceptions (1)Nothing in section one or in any order made under section three of this Act shall make unlawful— (a)anything done in pursuance of a requirement by the Minister of Agriculture and Fisheries under section ninety-eight of the Agriculture Act, 1947, or by the Secretary of State under section thirty-nine of the Agriculture (Scotland) Act, 1948; (b)except in the case of a wild bird included in the First Schedule to this Act or the nest or egg of such a bird, anything done by virtue of any power conferred on the Minister of Agriculture and Fisheries by or under the Diseases of Animals Act, 1950; (c)the taking of, or an attempt to take, any wild bird if the bird is taken or to be taken solely for the purpose of ringing or marking, or examining any ring or mark on, that or some other bird and then releasing it; (d)the killing, injuring or taking of, or an attempt to kill or take, any wild bird for the purposes of an experiment duly authorised under the Cruelty to Animals Act, 1876. (2)Notwithstanding any of the provisions of section one or of any order made under section three of this Act, a person shall not be found guilty of an offence against this Act— (a)by reason of the killing or injuring of, or an attempt to kill, a wild bird other than a bird included in the First Schedule to this Act if he satisfies the court before whom he is charged that his action was necessary for the purpose of preventing serious damage to crops, vegetables, fruit, growing timber or any other form of property or to fisheries ; (b)by reason of the taking of, or an attempt to take, any wild bird if he satisfies the court before whom he is charged that the bird had been disabled otherwise than by his act and was taken or to be taken solely for the purpose of tending it and releasing it when no longer disabled; (c)by reason of the killing of any wild bird if he satisfies the court before whom he is charged that the bird had been so seriously disabled otherwise than by his act that there was no reasonable chance of its recovering ; (d)by reason of any act made unlawful by any of the provisions aforesaid if he satisfies the court before whom he is charged that the act was the incidental result of a lawful operation and could not reasonably have been avoided. 5Prohibition of certain methods of killing or taking wild birds (1)If, save as may be authorised by a licence granted under section ten of this Act, any person— (a)sets in position any of the following articles, being an article which is of such a nature and is so placed as to be calculated to cause bodily injury to any wild bird coming in contact therewith, that is to say, any springe, trap, gin, snare, hook and line, poisoned or stupefying bait, or floating container holding explosives ; or (b)uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to birdlime; or (c)for the purpose of killing or taking any wild bird uses as a decoy any live bird whatsoever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured ; or (d)uses for the purpose of killing any wild bird a shot-gun of which the barrel has an internal diameter at the muzzle of more than one and three-quarter inches; or (e)except in order to find a bird already killed or injured, uses any form of artificial light for the purpose of killing or taking any wild bird other than a bird included in the Second Schedule to this Act, he shall be guilty of an offence against this Act and be liable to a special penalty:Provided that in any proceedings under paragraph (a) of this subsection it shall be a defence that the article was set in position by the accused for the purpose of killing or taking animals in the interests of public health, agriculture or the preservation of other creatures and that he took all reasonable precautions to prevent injury thereby to wild birds. (2)The Secretary of State may by order prohibit or restrict the use of any form of decoy specified in the order within any area so specified for the purpose of killing or taking wild geese, and any person who contravenes any such order shall be guilty of an offence against this Act and be liable to a special penalty. (3)If any person uses any mechanically-propelled vehicle or boat or any aircraft in immediate pursuit of a wild bird for the purpose of driving, killing or taking that bird, he shall be guilty of an offence against this Act and be liable to a special penalty:Provided that nothing in this subsection shall make unlawful the use (in Scotland only) of a mechanically-propelled boat for the purpose of killing or taking rock-doves. (4)Nothing in subsection (1) of this section shall make unlawful— (a)the use of a cage-trap or net by an authorised person for the purpose of taking a wild bird included in the Second Schedule to this Act; (b)the use of nets for the purpose of taking wild duck in a duck decoy which is shown to have been in use immediately before the passing of this Act; (c)the use of a cage-trap or net for the purpose of taking a wild bird if it is shown that the taking of the bird is solely for the purpose of ringing or marking, or examining any ring or mark on, that or some other bird and then releasing it or for the purpose of an experiment duly authorised under the Cruelty to Animals Act, 1876:Provided that nothing in this subsection shall make lawful the use of a rocket-propelled net. 6Restrictions on sale of live and dead wild birds, eggs, etc. (1)If, save as may be authorised by a licence granted under section ten of this Act, any person sells, offers for sale or has in his possession for sale— (a)any live wild bird, being a bird included in the Fourth Schedule to this Act of a species which is resident in or visits the British Isles in a wild state, other than a close-ringed specimen bred in captivity; (b)an egg (including a blown egg) of a wild bird of any species, if any bird of that species has nested in the British Isles in a wild state ; (c)during the period in any year commencing with the twenty-eighth day of February and ending with the thirty-first day of August, any dead wild bird, being a bird included in the Third Schedule to this Act or a wild duck or wild goose, whether or not so included; (d)a dead wild bird other than such a bird as is mentioned in paragraph (c) of this subsection, unless it is shown that the bird was killed otherwise than in contravention of this Act or any order made thereunder, or was lawfully imported; (e)the skin or plumage of a wild bird other than such a bird as is mentioned in paragraph (c) of this subsection, unless it is shown that the skin or plumage came from a bird which was killed otherwise than in contravention of this Act or any order made thereunder, or that the skin or plumage was lawfully imported, he shall be guilty of an offence against this Act and, if the offence was committed in respect of a bird included in the First Schedule to this Act or in respect of the egg, skin or plumage of such a bird, shall be liable to a special penalty :Provided that a person shall not be guilty of an offence by virtue of paragraph (b) of this subsection if the egg is shown to have been sold, offered for sale or in his possession for sate— (i)in the case of an egg of a black-headed gull, greater black-backed gull, lesser black-backed gull, herring gull or common gull, for the purpose of human consumption or for use as food for poultry, ornamental ducks, ornamental geese or swans; (ii)in the case of an egg of a wild duck, wild goose or swan, for the purpose of causing the egg to be hatched; (iii)in the case of an egg of a lapwing, at any time before the fifteenth day of April in any year. In this subsection any reference to sale shall be construed as including references to. barter and exchange. (2)If a justice of the peace is satisfied by information on oath that there is reasonable ground to suspect that an offence has been committed under this section and that evidence thereof may be found on any premises, he may grant a warrant to any constable to enter upon and search those premises for the purpose of obtaining that evidence. In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff. 7Restrictions on importation of certain wild birds and eggs (1)Save as may be authorised by a licence granted under section ten of this Act, the importation of any of the following is hereby prohibited, that is to say— (a)any common quail, whether five or dead ; (b)during the period in any year commencing with the first day of February and ending with the thirty-first day of August, any dead wild bird, being a bird included in the Third Schedule to this Act or a wild duck or wild goose, whether or not so included ; (c)any dead lapwing or, on or after the fifteenth day of April in any year, the eggs of any lapwing. (2)The Secretary of State may by order— (a)extend the period referred to in paragraph (b) of the foregoing subsection with respect to, or prohibit entirely, save as may be authorised by such a licence as aforesaid, the importation of, all or any of the birds to which that paragraph applies ; (b)prohibit, save as may be authorised by such a licence as aforesaid, the importation of all or any other dead wild birds, or of all or any other live wild birds, or of the eggs (including the blown eggs) of any other wild bird, for the whole or any specified part of the year. (3)Where by virtue of this section or any order made thereunder any live bird has been seized as liable to forfeiture under the Customs and Excise Act, 1952, the Seventh Schedule to that Act (which relates to proceedings for forfeiture) shall not apply, but, if the Commissioners of Customs and Excise are satisfied that the bird has been imported in contravention of this section or of any order made thereunder, the bird shall be deemed to have been duly condemned as forfeited and no claim for compensation shall lie against the said Commissioners or any officer of customs and excise in respect thereof. 8Protection of captive birds (1)If any person keeps or confines any bird whatsoever in any cage or other receptacle which is not sufficient in height, length and breadth to permit the bird to stretch its wings freely, he shall be guilty of an offence against this Act and be liable to a special penalty:Provided that this subsection shall not apply to poultry, or to the keeping or confining of any bird— (a)while that bird is in the course of conveyance, whether by land, air or water; or (b)while that bird is being shown for the purposes of any public exhibition or competition if the time during which the bird is kept or confined for those purposes does not in the aggregate exceed seventy-itwo hours ; or (c)while that bird is undergoing treatment by a veterinary surgeon or veterinary practitioner. (2)Every person who promotes, arranges, conducts, assists in, receives money for, or takes part in, any event whatsoever at or in the course of which captive birds are liberated by hand or by any other means whatsoever for the purpose of being shot immediately after their liberation, or who, being the owner or occupier of any land, permits that land to be used for the purposes of such an event, shall be guilty of an offence against this Act and be liable to a special penalty. 9Power to vary Act by order (1)The Secretary of State may by order made either generally or with respect to any specified part of Great Britain add any wild bird to, or remove any wild bird from, any of the First, Second, Third or Fourth Schedules to this Act or either of the Parts of the said First Schedule. (2)Any order made under this section adding any wild bird to Part II of the First Schedule or to the Third Schedule to this Act may prescribe a close season in the case of that bird for the purposes of subsection (2) of section two of this Act:Provided that any close season so prescribed shall commence on a date not later than the twenty-first day of February and end on a date not earlier than the thirty-first day of August. (3)In the application of this Act to any area, any reference in this Act to birds included in any of the said Schedules or Parts of a Schedule shall be construed as a reference to birds for the time being included in that Schedule or Part of a Schedule as amended with respect to that area by any order made under this section. (4)The Secretary of State may by order declare that as from such date as may be specified in the order the following provisions of this Act shall cease to have effect, that is to say— (a)paragraph (c) of subsection (4) of section two ; (b)paragraph (iv) of the proviso to subsection (1) of section three; (c)paragraph (iii) of the proviso to subsection (1) of section six; and (d)in paragraph (c) of subsection (1) of section seven, the words " on or after the fifteenth day of April in any year ". 10Power to grant licences (1)A licence may be granted to any person by the appropriate authority specified in the next following subsection authorising that person, notwithstanding anything in, or in any order made under, the foregoing provisions of this Act and notwithstanding anything in section eight of the Protection of Animals Act, 1911, or section seven of the Protection of Animals (Scotland) Act, 1912 (which relate to the placing on land of poisonous matter), but subject to compliance with any conditions specified in the licence— (a)for scientific or educational purposes, to kill or take within any area specified in the licence by any means so specified, or to sell or import alive or dead, any number so specified of wild birds of any description so specified or of the nests or eggs (including blown eggs) of such wild birds ; (b)for the purposes of falconry, to take by any means specified in the licence, or to sell or import alive, any number so specified of birds of prey of any description so specified; (c)for the purposes of the protection of any collection of birds maintained at any place by any person, or for the purposes of transfers between such collections, to kill or take at that place by any means specified in the licence wild birds of any description so specified; (d)for the purposes of killing or taking such wild birds included in the Second Schedule to this Act as may be specified in the licence, to use poisoned or stupefying bait of any description so specified ; (e)for the purpose of taking wild birds in order to ring or mark, or examine any ring or mark on, all or any of the birds taken and then release them, to use within any area specified in the licence any form of artificial light or a rocket-propelled net. (2)The appropriate authority for the grant of a licence under the foregoing subsection shall be— (a)in the case of a licence under paragraph (a), (b) or (e) of that subsection, the Secretary of State after consultation with the appropriate advisory committee ; (b)in the case of a licence under paragraph (a) or (e) of that subsection which is required for the purposes of scientific or educational work carried out by, or on behalf of, or with the aid of grants from, the Nature Conservancy, the Nature Conservancy ; (c)in the case of a licence under paragraph (c) of that subsection, the Secretary of State ; (d)in the case of a licence under paragraph (d) of that subsection, the Minister of Agriculture and Fisheries or, in Scotland, the Secretary of State. (3)A licence granted under this section may be revoked at any time by the authority by whom it was granted ; and, without prejudice to any other liability to a penalty which he may have incurred under this or any other Act, any person who contravenes or fails to comply with any condition imposed on the grant of a licence under this section shall be guilty of an offence against this Act. (4)The Minister of Agriculture and Fisheries and the Secretary of State shall from time to time consult the appropriate advisory committee with respect to the exercise of the powers conferred on them by this section to grant and revoke licences under paragraph (d) of subsection (1) thereof; and those powers shall for the purposes of section seventy-two of the Agriculture Act, 1947, or, as the case may be, section sixty-nine of the Agriculture (Scotland) Act, 1948 (which relate to the delegation of functions to Agricultural Executive Committees) be deemed to be functions relating to agriculture. (5)For the purposes of the application of this section to Northern Ireland with respect to importation— (a)for the reference in paragraph (a) of subsection (2) thereof to the Secretary of State there shall be substituted a reference to the Minister of Home Affairs for Northern Ireland; (b)the expression " appropriate advisory committee " means the Wild Birds Advisory Committee for Northern Ireland established under section eleven of the Wild Birds Protection Act (Northern Ireland), 1931. 11Advisory Committees on Birds (1)There shall be established an Advisory Committee on the. Protection of Birds for England and Wales and an Advisory Committee on the Protection of Birds for Scotland, consisting in each case of such members as the Secretary of State may from time to time appoint. (2)It shall be the duty of each of the said Committees to advise the Secretary of State upon any question which he may refer to that Committee in connection with the administration of this Act or otherwise in connection with the protection of birds. 12Enforcement, penalties, etc. (1)A constable may without warrant stop and search any person found committing an offence against this Act and any vehicle, boat or animal which that person may then be using, and may— (a)arrest that person if he fails to give his name and address to the constable's satisfaction; and (b)seize and detain for the purposes of proceedings under this Act any wild bird, whether alive or dead, or any egg or nest of a wild bird, or any weapon or other article capable of being used to kill or take wild birds, which may be in that person's possession. (2)Any person guilty of an offence against this Act— (a)in a case where this Act or any order made thereunder provides that he shall be liable to a special penalty, shall be liable on summary conviction to a fine not exceeding twenty-five pounds, or to a term of imprisonment not exceeding, for a first offence against this Act, one month or, for a second or subsequent offence against this Act, three months, or to both such a fine and such imprisonment; (b)in any other case shall be liable on summary conviction to a fine not exceeding five pounds:Provided that where the offence was committed in respect of more than one bird, nest, egg, skin or other article, the maximum fine which may be imposed under this subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, skin or article. (3)The court before whom any person is convicted of an offence against this Act shall order the forfeiture of any bird, nest, egg or skin in respect of which the offence was committed and may, if they think fit, order the forfeiture of any weapon, decoy bird or other article in respect of or by means of which the offence was committed. (4)In England or Wales, the council of a county or county borough shall have power to institute proceedings for any offence against this Act committed within the area of that county or county borough, and where an order has been made under section three of this Act, any local authority shall have power to institute proceedings for an offence under that order committed within the area of that authority. (5)Where any offence against this Act is committed at some place on the water or in the air outside the area of any commission of the peace, the place of the commission of the offence shall, for the purposes of the jurisdiction of any court, be deemed to be any place where the offender is found or to which he is first brought after the commission of the offence. 13Orders, notices, etc. (1)Any order made under this Act shall be made by statutory instrument and may be varied or revoked by a subsequent order made in the like manner. (2)Before making any order under this Act, the Secretary of State— (a)shall consult the appropriate advisory committee ; (b)shall, by such means as he may think appropriate, give to the council of any administrative area or other person affected an opportunity to submit objections or representations with respect to the subject matter of the order; (c)may, if he thinks fit, cause a public inquiry to be held. (3)Notice of the making of any order under this Act shall be published by the Secretary of State, if the order relates in whole or in part to England or Wales, in the London Gazette and, if the order relates in whole or in part to Scotland, in the Edinburgh Gazette and, in the case of an order under section seven of this Act, in the Belfast Gazette. (4)The Secretary of State shall give consideration to any proposals for the making by him of an order under this Act with respect to any administrative area which may be submitted to him by the council of that area. (5)Where any order has been made under this Act with respect to any administrative area, the council of that area shall take such steps, if any, as may appear to them expedient or as the Secretary of State may direct to bring the effect of the order to the notice of the public within that area. 14Interpretation (1)In this Act, the following expressions have the following meanings respectively— " administrative area " means a county or county borough or, in Scotland, a county or large burgh ; " appropriate advisory committee " means, in relation to any matter wholly or partly affecting England or Wales, the Advisory Committee on the Protection of Birds for England and Wales established under section eleven of this Act and, in relation to any matter wholly or partly affecting Scotland, the Advisory Committee on the Protection of Birds for Scotland established as aforesaid; " authorised person " means— (a)the owner or occupier, or any person shown to have been authorised by the owner or occupier, of any land on which the action authorised is taken; (b)any person authorised in writing by the local authority for the area within which the action authorised is taken; (c)any person authorised in writing by any of the following bodies, that is to say, the Nature Conservancy, a river board constituted under the River Boards Act, 1948, a local fisheries committee constituted under the Sea Fisheries Regulation Act, 1888, the Conservators of the River Thames, the Lee Conservancy Catehment Board, any statutory waiter undertakers within the meaning of the Water Act, 1945, any local water authority within the meaning of the Water (Scotland) Act, 1946, the Commissioners appointed under the Tweed Fisheries Act, 1857, and the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act, 1862; so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land ; "importation" and cognate expressions have the same meanings as for the purposes of the Customs and Excise Act, 1952; " local authority " means the council of a county, county borough, metropolitan borough, non-county borough, urban district or rural district, the Common Council of the City of London and, in Scotland, a county council and a town council; " occupier ", in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish; "poultry" means domestic fowls, ducks, geese, guinea-fowls, pigeons and turkeys ; " wild bird " in sections five, ten and twelve of this Act means any wild bird, but in any other provision of this Act does not include pheasant, partridge, grouse (or moor game), black (or heath) game, or, in Scotland, ptarmigan. (2)Any reference in this Act to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act. 15Amendments, repeals, etc. (1)The enactments specified in the Fifth Schedule to this Act shall have effect subject to the amendments respectively specified in that Schedule. (2)The enactments specified in the Sixth Schedule to this Act are hereby repealed to the extent respectively specified in the third column of that Schedule. (3)Save as provided in the foregoing provisions of this section, nothing in this Act shall prejudice or affect the provisions of any other enactment (including any enactment of the Parliament of Northern Ireland) relating to birds. 16Short title, extent and commencement (1)This Act may be cited as the Protection of Birds Act, 1954. (2)This Act shall apply to the Isles of Scilly as if the Isles were a county and as if the council of the Isles were a county council. (3)The following provisions of this Act, that is to say, sections one to six, eight and eleven, and subsections (2), (4) and (5) of section thirteen, shall not extend to Northern Ireland. (4)This Act shall come into force on the first day of December, nineteen hundred and fifty-four. ### 1The United Kingdom Atomic Energy Authority (1)There shall be an Authority, to be called the United Kingdom Atomic Energy Authority (hereafter in this Act referred to as " the Authority "), who shall, as from the appointed day, exercise and perform the functions assigned to them by this Act. (2)The Authority shall consist of a chairman and not less than seven nor more than ten other members. (3)All the members of the Authority shall be appointed by the Lord President of the Council and of those members— (a)three shall be appointed from amongst persons appearing to the Lord President of the Council to be persons who have had wide experience of, and shown capacity in dealing with, problems associated with atomic energy; and (b)one shall be appointed from amongst persons appearing to the Lord President of the Council to have had wide experience of, and shown capacity in, administration and finance; and (c)one shall be appointed from amongst persons appearing to the Lord President of the Council to have had wide experience of, and shown capacity in, the organisation of workers. (4)Every member of the Authority shall hold and vacate his office in accordance with the terms of his appointment, and shall, on ceasing to be a member, be eligible for re-appointment; but any member may at any time by notice in writing to the Lord President of the Council resign his office. (5)A person shall be disqualified for being appointed or being a member of the Authority so long as he is a member of the Commons House of Parliament. (6)The Authority— (a)shall pay to each of their members, in respect of his office as such, such remuneration (whether by way of salary or fees) and such allowances as the Lord President of the Council may, with the approval of the Treasury, determine in the case of those members respectively; and (b)in the case of such members as the Lord President of the Council may, with the approval of the Treasury, determine, shall pay such pensions or make such payments towards the provision of pensions to or in respect of those members as he may, with the approval of the Treasury, determine in the case of those members respectively. (7)If any member of the Authority, other than the chairman thereof, is employed about the affairs of the Authority otherwise than as a member thereof, the Authority shall pay to that member such remuneration, if any, (in addition to any remuneration to which he may be entitled in respect of his office as a member) as the Lord President of the Council may, with the approval of the Treasury, determine. (8)The Lord President of the Council shall, as soon as possible after the passing of this Act, lay before each House of Parliament a statement of the remuneration and allowances that are or will be payable to the members of the Authority under this section; and, if any subsequent determination by him under this section involves any departure from the terms of the said statement or if a determination by him under this section relates to the payment of, or to payments towards the provision of, a pension to or in respect of any member of the Authority, the Lord President of the Council shall, as soon as possible after the determination, lay a statement thereof before each House of Parliament. (9)The provisions of the First Schedule to this Act (which relate to the procedure of and other similar matters concerning the Authority) shall have effect with respect to the Authority. 2Functions of the Authority (1)On the appointed day, the Authority shall take over from the Lord President of the Council the carrying on of the activities then being carried on by him under subsection (1) of section two of the Atomic Energy Act, 1946, and subsection (1) of section one of the Radioactive Substances Act, 1948, and the provisions of the Second Schedule to this Act shall have effect in relation to the property, rights and liabilities held or enjoyed by, or incumbent on, the Lord President of the Council for the purposes of or in connection with those activities. (2)Subject to the provisions of this Act, the Authority shall, as from the appointed day, have power (whether within the United Kingdom or elsewhere)— (a)to produce, use and dispose of atomic energy and carry out research into any matters connected therewith; (b)to manufacture or otherwise produce, buy or otherwise acquire, store and transport any articles which in the opinion of the Authority are, or are likely to be, required for or in connection with the production or use of atomic energy or such research as aforesaid, and to dispose of any articles manufactured, produced, bought or acquired by them; (c)to manufacture or otherwise produce, buy or otherwise acquire, treat, store, transport and dispose of any radioactive substances; (d)to do all such things (including the erection of buildings, and the execution of works and the searching for and working of minerals) as appear to the Authority necessary or expedient for the exercise of the foregoing powers; (e)to make arrangements with universities and other institutions or persons for the conduct of research into matters connected with atomic energy or radioactive substances and, with the approval of the Lord President of the Council and the Treasury, to make grants or loans to universities and other institutions or persons engaged in the production or use of atomic energy or radioactive substances or in research into matters connected with atomic energy or radioactive substances; (f)to distribute information relating to, and educate arid train persons in matters connected with, atomic energy or radioactive substances :Provided that— (i)the Authority shall not, save in accordance with arrangements made with the Minister of Supply, develop or produce any weapon or part of a weapon, except that nothing in this proviso shall limit the power of the Authority to conduct experimental work which may lead to improved types of explosive nuclear assemblies for atomic weapons; (ii)the Authority shall not search for minerals in the United Kingdom otherwise than under the authority of the Lord President of the Council and shall not work minerals in the United Kingdom otherwise than in the exercise of rights vested in them under section seven of the Atomic Energy Act, 1946, as amended by this Act. (3)As from the appointed day, subsection (1) of section two of the Atomic Energy Act, 1946, section three of that Act and section one of the Radioactive Substances Act, 1948, are hereby repealed:Provided that, notwithstanding the repeal by this section of subsection (1) of section two of the Atomic Energy Act, 1946, the Lord President of the Council shall have power— (a)to exercise any rights vested in him under section seven of that Act; and (b)to store, transport and dispose of any articles acquired by him in the exercise of those rights or in or by reason of any exercise of the powers conferred on him by sections six, eight and nine of that Act; and (c)to do all such things (including the erection of buildings and the execution of works) as appear to him to be necessary or expedient for the exercise of the powers reserved to him by the preceding provisions of this proviso. 3Power and duties of the Lord President of the Council in relation to the Authority. (1)The general duty of the Lord President of the Council under section one of the Atomic Energy Act, 1946, to promote and control the development of atomic energy shall include, in particular, the duty of securing that, in the conduct of the affairs of the Authority, the proper degrees of importance are attached to the various applications of atomic energy. (2)The Lord President of the Council shall have power to give the Authority such directions as he may think fit and the Authority shall comply with any directions so given. (3)The said directions may be general or particular in character, but no such direction shall be given except after consultation with the Authority, and the Lord President of the Council shall not regard it as his duty to intervene in detail in the conduct by the Authority of their affairs unless in his opinion overriding national interests so require. (4)The Authority shall furnish the Lord President of the Council with such returns, accounts and other information with respect to their property and activities as he may from time to time require and shall prepare programmes and estimates of expenditure in such form and at such times as he may require. (5)The Authority shall as soon as possible after the end of each financial year make to the Lord President of the Council a report on the exercise and performance by the Authority of their functions during that year, indicating what parts thereof ought in their opinion to be withheld from publication in the interests of national security," and the Lord President of the Council shall lay a copy of the report, with the omission of such parts thereof as ought in his opinion to be withheld from publication in the interests of national security, before each House of Parliament, together with such comments as he may think fit to make. 4Financial provisions as to the Authority (1)The Lord President of the Council may, out of moneys provided by Parliament, pay to the Authority such sums in respect of the expenses of the Authority as he may, with the consent of the Treasury, determine. (2)Any revenues of the Authority for any financial year, whether from Government departments or other persons and whether in respect of articles or property sold or services rendered or otherwise, shall be applied by the Authority in such manner as the Lord President of the Council may, with the approval of the Treasury, direct, and any such direction may require the whole or any part of those revenues to be paid into the Exchequer. (3)The Authority shall keep proper accounts and other records and shall prepare in respect of each financial year statements of account in such form as the Treasury may direct, and those statements shall, on or before the thirtieth day of November next following the expiration of the financial year in question, be transmitted to the Comptroller and Auditor General, who shall examine and certify the statements and lay copies thereof, together with his report thereon, before each House of Parliament. 5Powers as to purchase of land, carrying out works, etc. (1)The Lord President of the Council may authorise the Authority to purchase compulsorily any land required for the exercise and performance of their functions, and the Acquisition of Land (Authorisation Procedure) Act, 1946, and the Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947, shall apply as if the Authority were a local authority within the meaning of those Acts and as if this Act had been in force immediately before the commencement thereof:Provided that the Authority may be authorised under this subsection to purchase compulsorily a right to place any pipe across land, whether above or below ground, and to use, repair and maintain that pipe, without purchasing any other interest in the land, and, in relation to the compulsory purchase of any such right, the said Acts and the enactments incorporated therewith shall have effect as if references (whatever the terms used) to the land comprised in the compulsory purchase order were construed, where the context so requires, as references to the land across which the pipe is to be placed, and references to the obtaining or taking possession of the first-mentioned land were construed as references to the exercise of the right. (2)The Authority may, if it appears to them necessary or expedient for the due exercise and performance of their functions, place any pipe in any highway and repair and maintain any pipe so placed, and for those purposes open and break up the highway. (3)It shall be the duty of the Authority to secure that no ionising radiations from anything on any premises occupied by them, or from any waste discharged (in whatever form) on or from any premises occupied by them, cause any hurt to any person or any damage to any property, whether he or it is on any such premises or elsewhere. (4)The following provisions shall, for the period of seven years beginning with the day of the passing of this Act, have effect as respects waste discharged (in whatever form) on or from any premises occupied by the Authority— (a)no radioactive waste shall be discharged otherwise than in accordance with authorisations to be given by the Minister of Housing and Local Government and the Minister of Agriculture and Fisheries, after consultation, in each case, with such local authorities, river boards, local fisheries committees or other public or local authorities as appear to the Minister in question to be proper to be consulted by him; (b)the said authorisations may be given subject to compliance with such conditions and requirements as the Minister in question thinks fit; (c)any person authorised in that behalf by either of the said Ministers may enter and inspect such parts of any premises occupied by the Authority and take or cause to be taken such samples of waste which is being discharged or awaiting discharge thereon or therefrom as may appear necessary for ascertaining whether any breach of any such condition or requirement is or is likely to be committed; (d)for the purposes of any statutory provision conferring or imposing powers or duties on any local authority, river board, local fisheries committee or other public or local authority (and, in particular, for the purposes of the Public Health Acts, 1936 and 1937, the Rivers (Prevention of Pollution) Act, 1951, the Salmon and Fresh Water Fisheries Act, 1923, the Sea Fisheries Regulation Act, 1888, and any corresponding enactment in force in Scotland) all waste discharged on or from any premises occupied by the Authority shall be conclusively presumed not to be radioactive to any significant extent:Provided that Her Majesty may by Order in Council (which shall be subject to annulment in pursuance of a resolution of either House of Parliament) abridge or from time to time extend the said period of seven years, and the preceding provisions of this subsection shall have effect accordingly. For the avoidance of doubt, it is hereby declared that the restrictions imposed by this subsection on the Authority are in addition to and not in derogation of their duty under the last preceding subsection, and that the presumption required to be made by paragraph (d) of this subsection operates only for the particular purposes mentioned in that paragraph. In the application of this subsection to Scotland, references to the Secretary of State shall be substituted for references to the Minister of Housing and Local Government and the Minister of Agriculture and Fisheries. (5)Section seventy-one of the Public Health Act, 1936, (which exempts from building byelaws buildings of statutory undertakers other than houses, offices and showrooms) shall apply in relation to the Authority as it applies in relation to statutory undertakers. (6)No requirements or restrictions imposed by or under the provisions of sections one hundred and sixty-six to two hundred and nine of the Burgh Police (Scotland) Act, 1892, section ninety-three of the Burgh Police (Scotland) Act. 1903, or section one hundred and eighty-one of the Public Health (Scotland) Act. 1897, or by or under the corresponding provisions of any local Act, as to the erection, placing or making of buildings, erections or excavations, or the reconstruction of or alterations to buildings, and no requirement imposed by or under any enactment or by virtue of the common law as to the submission of plans and specifications and the giving of notices to a local authority or the presentation of a petition to a dean of guild court or any body exercising the functions of a dean of guild court, shall apply in relation to any building in Scotland belonging to or in the occupation of the Authority:Provided that the exemption conferred by this subsection shall not extend to dwelling-houses. 6Miscellaneous provisions as to the Authority (1)Any land occupied by the Authority shall be deemed, for the purposes of any rate on property, to be property occupied by or on behalf of the Crown for public purposes. (2)Exemption shall be granted— (a)from income tax chargeable under Schedule A in respect of lands, tenements, hereditaments and heritages owned and occupied by the Authority; (b)from income tax chargeable under Schedule B in respect of lands occupied by the Authority; (c)from income tax chargeable under Schedule A or, by virtue of section one hundred and seventy-seven or section one hundred and eighty-two of the Income Tax Act, 1952, under Schedule D, in respect of the rents and profits of any lands, tenements, hereditaments or heritages belonging to the Authority; (d)from income tax chargeable under Schedule C in respect of any interest, annuities, dividends or shares of annuities, or under Schedule D in respect of any yearly interest or other annual payment, forming part of the income of the Authority:Provided that— (i)the exemption granted by paragraphs (a) and (b) of this subsection shall not extend to tax in respect of any rent payable or other annual payment to be made by the Authority in respect of the lands, tenements, hereditaments and heritages; and (ii)notwithstanding anything in paragraph (c) of this subsection, any assessment upon the respective properties falling within that paragraph shall not be vacated or altered but shall be in force and levied notwithstanding the allowance of any such exemption as/is mentioned therein. Income arising from investments or deposits held for the purposes of any pension scheme provided and maintained by the Authority shall be treated for the purposes of this subsection as if that income and the source thereof belonged to the Authority. (3)Any place belonging to or used for the purposes of the Authority shall, for the purposes of paragraph (c) of section three of the Official Secrets Act, 1911 (which provides that places belonging to or used for the purposes of Her Majesty may be declared by order of the Secretary of State to be prohibited places for the purposes of that Act), be deemed to be a place belonging to or used for the purposes of Her Majesty, and no person other than— (a)a constable acting in the execution of his duty as such; or (b)an officer of customs and excise or inland revenue, acting in the execution of his duty as such; or (c)an officer of any government department specially authorised in that behalf by or on behalf of a Minister of the Crown,shall be entitled to exercise any right of entry (whether arising by virtue of any statutory provision or otherwise) upon any place belonging to or used for the purposes of the Authority which is such a prohibited place as aforesaid except with the consent of the Authority and in accordance with any conditions imposed by them: Provided that any person aggrieved by a refusal by the Authority to consent to, or by conditions imposed on, the exercise of any such right of entry may apply to the Lord President of the Council who may, if he thinks fit, himself authorise the exercise of the right subject to such conditions, if any, as he may think fit to impose. (4)The enactments specified in the Third Schedule to this Act shall have effect subject to the provisions set out in that Schedule for modifying or adapting those enactments consequentially on the establishment of the Authority. (5)It is hereby declared that, save as otherwise expressly provided in this Act, the Authority are not to be treated for the purposes of the enactments and rules of law relating to the privileges of the Crown as a body exercising functions on behalf of the Crown, and the Public Authorities Protection Act, 1893, and section twenty-one of the Limitation Act, 1939, shall not apply to any action, prosecution or proceeding against the Authority or for or in respect of any act, neglect or default done or committed by a servant or agent of the Authority in his capacity as a servant or agent of theirs. 7Machinery for settling terms and conditions of employment of staff, etc. (1)Except so far as the Authority are satisfied that adequate machinery exists for achieving the purposes of this section, it shall be the duty of the Authority to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the Authority and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for— (a)the settlement by negotiation of terms and conditions of employment of persons employed by the Authority with provision for reference to arbitration in default of such settlement of such cases as may be determined by or under the agreements; and (b)the promotion and encouragement of measures affecting the safety, health and welfare of persons employed by the Authority and (so far as in the opinion of the Authority considerations of national security permit) the discussion of other matters of mutual interest to the Authority and such persons, including efficiency in the Authority's work. (2)The Authority shall send to the Lord President of the Council and the Minister of Labour and National Service copies of any such agreement as aforesaid and of any instrument varying the terms of any such agreement. 8Interpretation (1)Section eighteen of the Atomic Energy Act, 1946, and section twelve of the Radioactive Substances Act, 1948, shall apply for the interpretation of this Act as they apply for the interpretation of those Acts respectively. (2)In this Act, except so far as the context otherwise requires.— " the appointed day " means such day as Her Majesty may by Order in Council appoint; " financial year " means the twelve, months ending with the thirty-first day of March; " instrument " (without prejudice to the generality of that expression) includes in particular Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, byelaws, awards, contracts, certificates and other documents; " pension", in relation to a person, means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of him, and includes a gratuity so payable" and a return of contributions, with or without interest thereon or any other addition thereto; " statutory provision" means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or a special nature. 9Application to Northern Ireland. 10. Short title and citation (1)This Act shall apply to Northern Ireland subject to the modifications specified in the following provisions of this section. (2)So much of this Act as amends section seven of the Atomic Energy Act, 1946, shall not extend to Northern Ireland, but— (a)the reference in subsection (1) of section twenty of that Act to section seven of that Act shall be construed as a reference to the said section seven as amended by this Act; and (b)any reference in this Act to rights vested in the Authority under the said section seven shall be construed as including a reference to rights vested in the Authority under so much of any law made by the Parliament of Northern Ireland in pursuance of the said subsection (1) as corresponds to the said section seven. (3)For the purpose of the compulsory purchase by the Authority, on the authorisation of the Lord President of the Council under subsection (1) of section five, of land in Northern Ireland, Her Majesty may by Order in Council provide for extending the Acquisition of Land (Authorisation Procedure) Act, 1946, to Northern Ireland subject to any adaptations, modifications and exceptions which may be provided for by the Order. (4)Subsection (2) of section five shall not apply. (5)In subsection (4) of section five— (a)references to the Minister of Housing and Local Government shall be construed as references to the Minister of Health and Local Government for Northern Ireland; (b)references to the Minister of Agriculture and Fisheries shall be construed as references to the Ministers of Commerce and Agriculture for Northern Ireland; (c)for paragraph (d) the following paragraph shall be substituted— “(d)for the purposes of the Fisheries Acts (Northern Ireland) 1842 to 1949, the Rivers Pollution and Prevention Acts, 1876 and 1893, and the Public Health Acts (Northern Ireland) 1878 to 1949, all waste discharged on or from any premises occupied by the Authority shall be conclusively presumed not to be radioactive to any significant extent.” (6)For subsections (5) and (6) of section five, there shall be substituted the following subsection— “(5)Section thirty-two of the Public, Health (Ireland) Act, 1896 (which exempts Crown property from the provisions of the enactments in force in Northern Ireland relating to public health) shall apply in relation to the Authority, in like manner as it applies in relation to the Crown.” (7)The reference in subsection (2) of section seven of this Act to the Minister of Labour and National Service shall, in relation to any agreement affecting employment in Northern Ireland, be construed as including a reference to the Minister of Labour and National Insurance for Northern Ireland. (8)For the references in the Third Schedule to this Act to section three of the Special Constables Act, 1923, as extended by paragraph 1 of the Second Schedule to the Emergency Laws (Miscellaneous Provisions) Act, 1947, there shall be substituted references to sub-paragraph (2) of paragraph 1 of the Second Schedule to the Emergency Laws (Miscellaneous Provisions) Act, 1947. (9)For the reference in the Third Schedule to the Factories Acts, 1937 and 1948, there shall be substituted a reference to the Factories Acts (Northern Ireland), 1938 and 1949. 10This Act may be cited as the Atomic Energy Authority Act, 1954, and this Act, the Atomic Energy Act, 1946, and the Radioactive Substances Act, 1948, may be cited together as the Atomic Energy and Radioactive Substances Acts, 1946 to 1954. ### 1Continuation of grants for drainage and water supply Section ninety-six of the Agriculture Act, 1947, shall cease to have effect in so far as it limits the period during which application must be made for the approval of a scheme under section fifteen of the Agriculture (Miscellaneous War Provisions) Act, 1940 (under which grants may' be made by the Minister of Agriculture and Fisheries towards the cost of approved schemes for field drainage or the improvement of ditches or for the supply of water to agricultural land). 2Continuation of contributions for liming (1)The period during which any cost must have been incurred in order that contributions may be payable in respect of it under section one of the Agriculture Act, 1937 (which, as amended by section ninety-seven of the Agriculture Act, 1947, provides for contributions out of moneys provided by Parliament to be made in accordance with a scheme known as the Agricultural Lime Scheme towards the cost of liming agricultural land),— (a)is hereby extended until the end of July, nineteen hundred and fifty-nine ; and (b)may from time to time be extended by a further five years by order made with the approval of the Treasury by the Minister of Agriculture and Fisheries and the two Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland. (2)The power to make orders under this section shall be exercisable by statutory instrument, of which a draft shall be laid before Parliament, and no such order shall be made unless the draft has been approved by resolution of each House of Parliament. 3Amendments as to smallholdings in England and Wales (1)The expression " smallholding " in Part IV of the Agriculture Act, 1947 (which relates to the provision of smallholdings in England and Wales by local authorities and the Minister of Agriculture and Fisheries), shall cease to include holdings of which the area exceeds fifty acres; but (if it is used or intended to be used for agriculture within the meaning of the said Act) any holding which before the commencement of this Act was provided as a smallholding for the purposes of the Smallholdings and Allotments Acts, 1908 to 1931, or the said Part IV, whether or not it was or continues to be a smallholding as defined for those purposes, and any holding provided by virtue of the next following subsection, shall be treated as a smallholding for the purposes of the said Part IV. (2)A holding of any area exceeding fifty acres may be provided as a smallholding under Part IV of the Agriculture Act, 1947, if, in the case of a holding provided by a smallholdings authority, the authority and the Minister of Agriculture and Fisheries are satisfied that in the circumstances of the case a holding of a smaller area would either— (a)not provide a full time occupation and a reasonable livelihood for the occupier; or (b)not be in the interests of good estate management; ,or if, in the case of a holding provided by the Minister under section fifty-six of the Act, he is satisfied as aforesaid; and, where the Minister gives a smallholdings authority directions under subsection (4) of section fifty of the Act requiring the authority to alter the size or layout of any existing smallholdings provided by the authority, the directions may provide for a holding of any area exceeding fifty acres if the Minister is satisfied as aforesaid. (3)In determining the contribution which, under section fifty-eight of the Agriculture Act, 1947, the Minister of Agriculture and Fisheries may make for any year to a smallholdings authority in respect of a loss incurred by the authority in carrying out proposals formulated by them, the authority's expenditure referred to in subsection (3) of that section, in so far as it consists of the payment of interest or sinking fund charges on borrowed moneys, shall be calculated by reference to such rate of interest as may be prescribed by regulations under subsection (7) of the section, instead of by reference to the rate allowed for in the estimates approved by the Minister in relation to the proposals. (4)There shall be paid out of moneys provided by Parliament any increase attributable to this section in the expenses of the Minister of Agriculture and Fisheries under Part IV of the Agriculture Act, 1947, and there shall be paid into the Exchequer any increase attributable to subsection (1) or (2) of this section in the sums received by or on behalf of the Minister under the said Part IV. 4Appointment of nominated members of Agricultural Land Tribunal (1)There shall be substituted for paragraph 15 of the Ninth Schedule to the Agriculture Act, 1947 (which provides for the appointment of the nominated members of an Agricultural Land Tribunal by the Minister of Agriculture and Fisheries), the paragraph set out in the First Schedule to this Act:Provided that this section shall not have effect in relation to any reference to an Agricultural Land Tribunal for which the nominated members of the Tribunal have, before this section comes into force, been appointed in accordance with the said Ninth Schedule as originally enacted. (2)This section shall come into force on such date as the Minister of Agriculture and Fisheries may appoint by order made by statutory instrument. 5Power of Agricultural Land Tribunal to award costs (1)An Agricultural Land Tribunal, where it appears to them that any person concerned in a reference to them (including any Minister of the Crown or Government department so concerned) has acted frivolously, vexatiously or oppressively in applying for or in connection with the reference, may order that person to pay to any other person either a specified sum in respect of the costs incurred by him at or with a view to the hearing or the taxed amount of those costs ; and an order may be made under this subsection whether or not the reference proceeds to a hearing. (2)Any costs required by an order under this section to be taxed may be taxed in the county court according to such of the scales prescribed by county court rules for proceedings in the county court as may be directed by the order or, if the order gives no direction, by the county court. (3)Any sum payable by virtue of an order of an Agricultural Land Tribunal under this section shall, if the county court so orders, be recoverable by execution issued from the county court or otherwise as if payable under an order of that court; and, subject to county court rules, an application for an order of the county court under this subsection may be made ex parte. (4)The powers of the county court under this section may be exercised by the registrar. 6Power of Agricultural Land Tribunal to refer questions of law to High Court (1)Any question of law arising in the course of proceedings before an Agricultural Land Tribunal may, at the request of any party to the proceedings, be referred by the Tribunal to the High Court for decision, whether before or after the Tribunal have given their decision in the proceedings. (2)Subject to the following provisions of this section, if an Agricultural Land Tribunal, after giving their decision in any proceedings, refuse any such request to refer a question to the High Court under this section, any person aggrieved by the refusal may apply to the High Court for an order directing them to do so. (3)The Minister of Agriculture and Fisheries shall be entitled to appear and be heard on any reference to the High Court under this section and on any application to the High Court thereunder, whether made by him or not. (4)Provision shall be made by order under subsection (3) of section seventy-three of the Agriculture Act, 1947 (which relates to the procedure of Agricultural Land Tribunals), for limiting the time for requesting a Tribunal to refer a question to the High Court under this section, and for requiring notice to be given to a Tribunal within a time limited by the order of any intended application to the High Court under this section; and provision shall be made toy rules of court for limiting the time for instituting proceedings in the High Court under subsection (2) of this section. (5)Where, after an Agricultural Land Tribunal have given their decision in any proceedings, they refer a question to the High Court under this section, or receive notice of an intended application to the High Court for an order directing them to do so, effect shall not toe given to the Tribunal's decision unless and until the Tribunal otherwise order after the proceedings in the High Court and any proceedings arising therefrom have been concluded (or the right to take or continue any such proceedings has lapsed); and any such order of the Tribunal shall, where necessary, modify their decision so as to give effect to the decision on any reference to the High Court and, in a case relating to a notice to quit, may postpone (or further postpone) the date at which the tenancy is to be terminated by the notice, if it has effect. (6)The Minister of Agriculture and Fisheries may, by order under subsection (3) of section seventy-three of the Agriculture Act, 1947, make such provision as he thinks necessary or expedient for enabling the chairman of an Agricultural Land Tribunal to exercise all or any of the Tribunal's powers under the last foregoing subsection, and for regulating any proceedings before an Agricultural Land Tribunal which are consequent on the reference of any question to the High Court under this section or on the decision on such a reference, and enabling any such proceedings to be dealt with by an Agricultural Land Tribunal constituted for the purpose, where they cannot conveniently be dealt with by the Tribunal originally constituted for the purpose of the proceedings in the course of which the question arose. (7)This section shall come into force on such date as the Minister of Agriculture and Fisheries may appoint by order made by statutory instrument. 7Amendment as to operation of notice to quit agricultural holding (1)The Agricultural Holdings Act, 1948, shall have effect as if in paragraph (g) of subsection (2) of section twenty-four (by virtue of which the consent of the Minister of Agriculture and Fisheries to a notice to quit cannot be required under subsection (1) of the section if the notice is given within three months after, and by reason of, the death of the tenant with whom the contract of tenancy was made), the reference to the tenant with whom the contract of tenancy was made were, in a case where the contract was made with two or more tenants jointly, a reference to the survivor or last survivor of them. (2)This section shall apply to any notice to quit given after the commencement of this Act. 8Cost of programmes of research and education in sugar beet growing (1)As respects the year beginning with the first day of April next after the passing of this Act or any subsequent year, the maximum contribution to be made by any grower of sugar beet in Great Britain or by the British Sugar Corporation Limited towards expenditure incurred in carrying out a programme of research and education under section six of the Sugar Industry Act, 1942, shall be— (a)in the case of a grower, threepence or such larger sum as may be prescribed for every ton of sugar beet grown in Great Britain sold by him for delivery to the Corporation in that year (instead of one penny for every ton so sold); and (b)in the case of the Corporation, threepence or such larger sum as may be prescribed for every ton of sugar beet grown in Great Britain sold for delivery to them in that year (instead of a sum based on the quantity of sugar manufactured or refined by them). (2)In the foregoing subsection " prescribed" means prescribed by order of the Minister of Agriculture and Fisheries and the Secretary of State. (3)Any order of the Minister of Agriculture and Fisheries and the Secretary of State under this section may be varied or revoked by a subsequent order made by them. (4)The power to make orders under this section shall be exercisable by statutory instrument, of which a draft shall be laid before Parliament, and no such order shall be made unless the draft has been approved by resolution of each House of Parliament. 9Collection of kitchen waste etc. for animal feeding stuffs in England and Wales (1)A local authority in England or Wales may, whether in the discharge of their functions as to the removal of house or trade refuse or otherwise, collect kitchen or other waste in their area for use as animal feeding stuffs, with or without processing. (2)An authority collecting waste under this section may agree to pay for waste saved for collection -by them, may process the waste they collect, and may sell it processed or unprocessed; and, if they process it, they may acquire other materials for processing with it, including kitchen or other waste collected by any other local authority or person. (3)Without prejudice to any other power of combination, any two or more local authorities may by agreement combine for the purpose of collecting waste under this section or processing waste so collected; and a local authority collecting waste under this section in their area may, with the agreement of any other local authority, do it also in the area of that other authority. (4)A local authority collecting waste under this section may provide receptacles in which the waste may be deposited for collection, and may place any receptacles so provided in any street or public place. (5)If a person wilfully deposits in any receptacle provided under the last foregoing subsection, or otherwise used for the deposit of waste to be collected under this section, anything which he knows or has reasonable cause to believe to be unsuitable for use as animal feeding stuffs, he shall be liable on summary conviction to a fine not exceeding five pounds; and if any person (other than a person employed in connection with the local authority's collection of the waste) removes the whole or part of the contents of any such receptacle when placed in a street or public place or set out for the purpose of its contents being removed under this section, he shall be liable on summary conviction to a fine not exceeding ten pounds or, if he has been previously convicted of the like offence, to a fine not exceeding twenty pounds. (6)A local authority may make bye-laws regulating in their area or any part of it the collection of kitchen or other waste for use as animal feeding stuffs and the carriage of waste so collected (whether there or elsewhere), and in particular for securing the use of suitable times, routes, vehicles and receptacles ; and the fines which may be imposed by the bye-laws on persons offending against them may be of an amount not exceeding ten pounds, with, in the case of a continuing offence, a further sum not exceeding forty shillings for each day during which the offence continues after conviction therefor. Bye-laws made under this subsection shall require confirmation of the Minister of Housing and Local Government. (7)Proceedings in respect of an offence created by or under this section shall not be taken by any person other than the local authority in whose area the offence is alleged to have been committed, unless taken by or with the consent of the Director of Public Prosecutions:Provided that, where a local authority collects waste under this section outside their area, they may without the consent of the Director of Public Prosecutions take proceedings in respect of an offence under subsection (5) of this section alleged to have been committed at any place within the limits of their collection. (8)Nothing in this section shall be taken as authorising anything to be used unprocessed as animal feeding stuffs where processing is required by or under any other enactment. (9)In this section the expression "local authority" means the council of a borough, urban district or rural district or an authority which is a sanitary authority for the purposes of the Public Health (London) Act, 1936. (10)There shall be paid out of moneys provided by Parliament any increase attributable to this section in the sums so payable under Part I of the Local Government Act, 1948, or under the Local Government (Financial Provisions) (Scotland) Act, 1954. 10Prevention of bee diseases (control of importation) (1)For the purpose of preventing the spread of pests or diseases among bees, provision may be made by an order under this section for prohibiting the importation of bees into Great Britain— (a)where they originate in or are consigned from a particular country or part of a country ; or (b)where they are not accompanied by a certificate, satisfying the requirements of the order, of freedom from infection or exposure to infection ; or (c)where the importation otherwise fails to comply with the requirements of the order, including in particular any requirements as to the type or construction of the hives or containers used for importing bees. (2)The Minister or any authorised person may license any importation which would otherwise be prohibited under this section, either unconditionally or subject to conditions imposed by the licence ; and a licence under this subsection may be given on, as well as before, importation. (3)Any authorised person may examine any bees imported into Great Britain and their combs, if any, and may take samples of them, in order to see if they are free from infection. (4)Where a consignment of bees imported into Great Britain, or any part of such a consignment, is found to be infected with any pest or disease specified in that behalf by an order under this section, any authorised person may destroy by such means as he thinks fit the consignment (including any combs and any hives or containers) or such part of it as he thinks necessary, or cause it to be so destroyed, and may disinfect or cause to be disinfected by such means as he thinks fit all or any of the hives or containers not so destroyed. (5)Without prejudice to the last foregoing subsection, where any bees are imported into Great Britain in contravention of this section, any authorised person may destroy the bees, together with their combs (if any) and hives or containers, by such means as he thinks fit, or cause them to be so destroyed, and may do so with or without first allowing an opportunity for them to be re-exported. (6)No compensation shall be payable in respect of any exercise of the powers conferred by the three last foregoing subsections. (7)Any person who imports bees into Great Britain in contravention of an order under this section, or who fails to observe any condition imposed by a licence under this section, shall be liable on summary conviction to a fine not exceeding twenty pounds. (8)An order under this section may be varied or revoked by a subsequent order thereunder. (9)Any expenses of the Minister under this section shall be defrayed out of moneys provided by Parliament. (10)The power to make orders under this section shall be exercisable by the Minister of Agriculture and Fisheries and the Secretary of State jointly, and shall be exercisable by statutory instrument which shall be subject to annulment by resolution of either House of Parliament. (11)In this section— (a)" the Minister" means, in relation to England and Wales, the Minister of Agriculture and Fisheries and, in relation to Scotland, the Secretary of State ; (b)" bees " means honey bees, and includes such bees in any stage of their life cycle; (c)" authorised person" means a person generally or specially authorised in writing by the Minister. (12)No limitation on the powers of the Parliament of Northern Ireland imposed by the Government of Ireland Act, 1920, shall apply to preclude that Parliament from enacting provisions corresponding to this section. 11Adaptation to air transport of Diseases of Animals Act, 1950 (1)The Diseases of Animals Act, 1950 (Which includes provision for regulating the import, export and movement of animals by sea or by inland waters, and similar matters), shall apply in relation to aircraft and aerodromes, and to shipment in or landing from aircraft, as it applies in relation to vessels and ports, and to shipment in and landing or disembarking from vessels, but with the adaptations provided for by the Second Schedule to this Act. (2)There shall be paid out of moneys provided by Parliament any increase attributable to this section in the sums so payable under Part I of the Local Government Act, 1948, or under the Local Government (Financial Provisions) (Scotland) Act, 1954. (3)In this section, and in the Second Schedule to this Act, the expression " aerodrome " means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft. (4)No limitation on the powers of the Parliament of Northern Ireland imposed by the Government of Ireland Act, 1920, shall apply to preclude that Parliament from enacting provisions corresponding to this section. 12Amendment of Seeds Act, 1920 (1)The validity of a contract for the sale of seeds or seed potatoes, or the right to enforce such a contract, shall not be affected by any contravention of or non-compliance with section one of the Seeds Act, 1920 (which requires certain particulars to be delivered on the sale of seeds and seed potatoes), or by any other illegality under that Act in the performance of the contract. (2)In subsection (1) of section one of the Seeds Act, 1920, for the words " on or before the sale, or if the goods are not delivered at the time of sale, on or before delivery thereof," there shall be substituted the words “not later than seven days after the sale, or if the goods are not delivered at the time of sale, not later than seven days after the delivery thereof,”. (3)In subsection (3) of section one of the Seeds Act, 1920, for the words " shall be contained in a sale note or invoice or," there shall be substituted the word “may”. (4)Section six of the said Act (which provides that, for the purpose of legal proceedings on a contract for the sale of seeds, the truth of the particulars delivered in pursuance of the said section one shall be questioned only on the result of a test under the said section six) shall apply only in the case of particulars relating to purity or germination and of such (if any) of the particulars required by regulations under the Act as may be prescribed for this purpose by regulations thereunder. (5)In subsection (2) of the said section six (under which a sample for the purpose of testing seeds under the section must be taken within ten days of the date of the delivery of the seeds to the purchaser) for the words " within ten days of the date of the delivery thereof to him " there shall be substituted the words “not later than ten days after the seeds and the statement have been delivered to him”. (6)Nothing in this section shall apply to a contract of sale entered into before the commencement of this Act or to a statement delivered in connection with a sale so entered into. (7)The foregoing provisions of this section shall apply to Northern Ireland, but for the purposes of section six of the Government of Ireland Act, 1920, shall be deemed to have been passed before the appointed day. 13Fixing of minimum rates of wages for certain classes of persons temporarily employed in agriculture in Scotland (1)Except as hereinafter provided, the Agricultural Wages (Scotland) Act, 1949, shall not apply to persons temporarily employed as workers in agriculture (including horticulture), being persons so employed under any scheme prepared by the Secretary of State for the employment in agriculture of persons of sixteen years of age or over during holiday periods:Provided that this section shall not have effect in relation to persons who, immediately before being employed under any such scheme, were in receipt of unemployment benefit under the National Insurance Acts, 1946 to 1953. (2)The Secretary of State shall have power by order to fix for persons temporarily employed as aforesaid such minimum rates of wages for time work as appear to him reasonable in all the circumstances of the case, and different rates may be fixed for different classes of such persons by reference to the nature or circumstances of their work or employment and their age and sex. (3)Any order under this section may vary any minimum rate of wages fixed therein according as the employment is for a day, week, month or other period, or according to the number of working hours or the conditions of the employment, or so as to provide for a differential rate in the case of overtime. (4)The Secretary of State shall, as soon as may be after he has made an order under this section, send notification thereof to the Scottish Agricultural Wages Board and to all agricultural wages committees, and shall give notice of the making of the order and the contents thereof in such manner as he may think fit. (5)The provisions of the Agricultural Wages (Scotland) Act, 1949, shall, so far as applicable, apply in relation to any minimum rate of wages fixed under this section as they apply in relation to any minimum rate of wages fixed under that Act. (6)The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument, which shall be subject to annulment by resolution of either House of Parliament; and the said power shall include a power, exercisable in the like manner and subject to the like conditions, to vary or revoke any such order. (7)This section shall continue in force for five years and no longer, unless Parliament otherwise determines. 14Extension of Corn Returns Act, 1882, to Scotland (1)The Corn Returns Act, 1882 (which provides for the making of returns of purchases of British corn and for the computation and publication of the average prices of each sort of British corn, and for purposes connected with the matters aforesaid), shall, subject to the modifications specified in the next following subsection, extend to Scotland. (2)The modifications referred to in the foregoing subsection are— (a)for any reference to the Board of Trade or to the Minister of Agriculture and Fisheries there shall be substituted a reference to the Secretary of State ; (b)for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette; (c)in section twelve for the words " shall be guilty of a misdemeanour " there shall be substituted the words “shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds”; and (d)sections sixteen and seventeen shall be omitted. (3)The expenses of the Secretary of State under the Corn Returns Act, 1882, as extended by this section shall be paid out of moneys provided by Parliament. 15Construction of references to enactments Any reference in this Act to any previous enactment shall, except in so far as the contrary intention appears, be construed as a reference to that enactment as amended, extended or applied by any subsequent enactment, including this Act. 16Application to Northern Ireland The provisions of this Act do not extend to Northern Ireland, except section two, sections ten and eleven in so far as they extend the powers of the Parliament of Northern Ireland, and section twelve. 17Short title and repeal (1)This Act may be cited as the Agriculture (Miscellaneous Provisions) Act, 1954. (2)The enactments specified in the Third Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.1Continuation of grants for drainage and water supply Section ninety-six of the Agriculture Act, 1947, shall cease to have effect in so far as it limits the period during which application must be made for the approval of a scheme under section fifteen of the Agriculture (Miscellaneous War Provisions) Act, 1940 (under which grants may' be made by the Minister of Agriculture and Fisheries towards the cost of approved schemes for field drainage or the improvement of ditches or for the supply of water to agricultural land). 2Continuation of contributions for liming (1)The period during which any cost must have been incurred in order that contributions may be payable in respect of it under section one of the Agriculture Act, 1937 (which, as amended by section ninety-seven of the Agriculture Act, 1947, provides for contributions out of moneys provided by Parliament to be made in accordance with a scheme known as the Agricultural Lime Scheme towards the cost of liming agricultural land),— (a)is hereby extended until the end of July, nineteen hundred and fifty-nine ; and (b)may from time to time be extended by a further five years by order made with the approval of the Treasury by the Minister of Agriculture and Fisheries and the two Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland. (2)The power to make orders under this section shall be exercisable by statutory instrument, of which a draft shall be laid before Parliament, and no such order shall be made unless the draft has been approved by resolution of each House of Parliament. 3Amendments as to smallholdings in England and Wales (1)The expression " smallholding " in Part IV of the Agriculture Act, 1947 (which relates to the provision of smallholdings in England and Wales by local authorities and the Minister of Agriculture and Fisheries), shall cease to include holdings of which the area exceeds fifty acres; but (if it is used or intended to be used for agriculture within the meaning of the said Act) any holding which before the commencement of this Act was provided as a smallholding for the purposes of the Smallholdings and Allotments Acts, 1908 to 1931, or the said Part IV, whether or not it was or continues to be a smallholding as defined for those purposes, and any holding provided by virtue of the next following subsection, shall be treated as a smallholding for the purposes of the said Part IV. (2)A holding of any area exceeding fifty acres may be provided as a smallholding under Part IV of the Agriculture Act, 1947, if, in the case of a holding provided by a smallholdings authority, the authority and the Minister of Agriculture and Fisheries are satisfied that in the circumstances of the case a holding of a smaller area would either— (a)not provide a full time occupation and a reasonable livelihood for the occupier; or (b)not be in the interests of good estate management; ,or if, in the case of a holding provided by the Minister under section fifty-six of the Act, he is satisfied as aforesaid; and, where the Minister gives a smallholdings authority directions under subsection (4) of section fifty of the Act requiring the authority to alter the size or layout of any existing smallholdings provided by the authority, the directions may provide for a holding of any area exceeding fifty acres if the Minister is satisfied as aforesaid. (3)In determining the contribution which, under section fifty-eight of the Agriculture Act, 1947, the Minister of Agriculture and Fisheries may make for any year to a smallholdings authority in respect of a loss incurred by the authority in carrying out proposals formulated by them, the authority's expenditure referred to in subsection (3) of that section, in so far as it consists of the payment of interest or sinking fund charges on borrowed moneys, shall be calculated by reference to such rate of interest as may be prescribed by regulations under subsection (7) of the section, instead of by reference to the rate allowed for in the estimates approved by the Minister in relation to the proposals. (4)There shall be paid out of moneys provided by Parliament any increase attributable to this section in the expenses of the Minister of Agriculture and Fisheries under Part IV of the Agriculture Act, 1947, and there shall be paid into the Exchequer any increase attributable to subsection (1) or (2) of this section in the sums received by or on behalf of the Minister under the said Part IV. 4Appointment of nominated members of Agricultural Land Tribunal (1)There shall be substituted for paragraph 15 of the Ninth Schedule to the Agriculture Act, 1947 (which provides for the appointment of the nominated members of an Agricultural Land Tribunal by the Minister of Agriculture and Fisheries), the paragraph set out in the First Schedule to this Act:Provided that this section shall not have effect in relation to any reference to an Agricultural Land Tribunal for which the nominated members of the Tribunal have, before this section comes into force, been appointed in accordance with the said Ninth Schedule as originally enacted. (2)This section shall come into force on such date as the Minister of Agriculture and Fisheries may appoint by order made by statutory instrument. 5Power of Agricultural Land Tribunal to award costs (1)An Agricultural Land Tribunal, where it appears to them that any person concerned in a reference to them (including any Minister of the Crown or Government department so concerned) has acted frivolously, vexatiously or oppressively in applying for or in connection with the reference, may order that person to pay to any other person either a specified sum in respect of the costs incurred by him at or with a view to the hearing or the taxed amount of those costs ; and an order may be made under this subsection whether or not the reference proceeds to a hearing. (2)Any costs required by an order under this section to be taxed may be taxed in the county court according to such of the scales prescribed by county court rules for proceedings in the county court as may be directed by the order or, if the order gives no direction, by the county court. (3)Any sum payable by virtue of an order of an Agricultural Land Tribunal under this section shall, if the county court so orders, be recoverable by execution issued from the county court or otherwise as if payable under an order of that court; and, subject to county court rules, an application for an order of the county court under this subsection may be made ex parte. (4)The powers of the county court under this section may be exercised by the registrar. 6Power of Agricultural Land Tribunal to refer questions of law to High Court (1)Any question of law arising in the course of proceedings before an Agricultural Land Tribunal may, at the request of any party to the proceedings, be referred by the Tribunal to the High Court for decision, whether before or after the Tribunal have given their decision in the proceedings. (2)Subject to the following provisions of this section, if an Agricultural Land Tribunal, after giving their decision in any proceedings, refuse any such request to refer a question to the High Court under this section, any person aggrieved by the refusal may apply to the High Court for an order directing them to do so. (3)The Minister of Agriculture and Fisheries shall be entitled to appear and be heard on any reference to the High Court under this section and on any application to the High Court thereunder, whether made by him or not. (4)Provision shall be made by order under subsection (3) of section seventy-three of the Agriculture Act, 1947 (which relates to the procedure of Agricultural Land Tribunals), for limiting the time for requesting a Tribunal to refer a question to the High Court under this section, and for requiring notice to be given to a Tribunal within a time limited by the order of any intended application to the High Court under this section; and provision shall be made toy rules of court for limiting the time for instituting proceedings in the High Court under subsection (2) of this section. (5)Where, after an Agricultural Land Tribunal have given their decision in any proceedings, they refer a question to the High Court under this section, or receive notice of an intended application to the High Court for an order directing them to do so, effect shall not toe given to the Tribunal's decision unless and until the Tribunal otherwise order after the proceedings in the High Court and any proceedings arising therefrom have been concluded (or the right to take or continue any such proceedings has lapsed); and any such order of the Tribunal shall, where necessary, modify their decision so as to give effect to the decision on any reference to the High Court and, in a case relating to a notice to quit, may postpone (or further postpone) the date at which the tenancy is to be terminated by the notice, if it has effect. (6)The Minister of Agriculture and Fisheries may, by order under subsection (3) of section seventy-three of the Agriculture Act, 1947, make such provision as he thinks necessary or expedient for enabling the chairman of an Agricultural Land Tribunal to exercise all or any of the Tribunal's powers under the last foregoing subsection, and for regulating any proceedings before an Agricultural Land Tribunal which are consequent on the reference of any question to the High Court under this section or on the decision on such a reference, and enabling any such proceedings to be dealt with by an Agricultural Land Tribunal constituted for the purpose, where they cannot conveniently be dealt with by the Tribunal originally constituted for the purpose of the proceedings in the course of which the question arose. (7)This section shall come into force on such date as the Minister of Agriculture and Fisheries may appoint by order made by statutory instrument. 7Amendment as to operation of notice to quit agricultural holding (1)The Agricultural Holdings Act, 1948, shall have effect as if in paragraph (g) of subsection (2) of section twenty-four (by virtue of which the consent of the Minister of Agriculture and Fisheries to a notice to quit cannot be required under subsection (1) of the section if the notice is given within three months after, and by reason of, the death of the tenant with whom the contract of tenancy was made), the reference to the tenant with whom the contract of tenancy was made were, in a case where the contract was made with two or more tenants jointly, a reference to the survivor or last survivor of them. (2)This section shall apply to any notice to quit given after the commencement of this Act. 8Cost of programmes of research and education in sugar beet growing (1)As respects the year beginning with the first day of April next after the passing of this Act or any subsequent year, the maximum contribution to be made by any grower of sugar beet in Great Britain or by the British Sugar Corporation Limited towards expenditure incurred in carrying out a programme of research and education under section six of the Sugar Industry Act, 1942, shall be— (a)in the case of a grower, threepence or such larger sum as may be prescribed for every ton of sugar beet grown in Great Britain sold by him for delivery to the Corporation in that year (instead of one penny for every ton so sold); and (b)in the case of the Corporation, threepence or such larger sum as may be prescribed for every ton of sugar beet grown in Great Britain sold for delivery to them in that year (instead of a sum based on the quantity of sugar manufactured or refined by them). (2)In the foregoing subsection " prescribed" means prescribed by order of the Minister of Agriculture and Fisheries and the Secretary of State. (3)Any order of the Minister of Agriculture and Fisheries and the Secretary of State under this section may be varied or revoked by a subsequent order made by them. (4)The power to make orders under this section shall be exercisable by statutory instrument, of which a draft shall be laid before Parliament, and no such order shall be made unless the draft has been approved by resolution of each House of Parliament. 9Collection of kitchen waste etc. for animal feeding stuffs in England and Wales (1)A local authority in England or Wales may, whether in the discharge of their functions as to the removal of house or trade refuse or otherwise, collect kitchen or other waste in their area for use as animal feeding stuffs, with or without processing. (2)An authority collecting waste under this section may agree to pay for waste saved for collection -by them, may process the waste they collect, and may sell it processed or unprocessed; and, if they process it, they may acquire other materials for processing with it, including kitchen or other waste collected by any other local authority or person. (3)Without prejudice to any other power of combination, any two or more local authorities may by agreement combine for the purpose of collecting waste under this section or processing waste so collected; and a local authority collecting waste under this section in their area may, with the agreement of any other local authority, do it also in the area of that other authority. (4)A local authority collecting waste under this section may provide receptacles in which the waste may be deposited for collection, and may place any receptacles so provided in any street or public place. (5)If a person wilfully deposits in any receptacle provided under the last foregoing subsection, or otherwise used for the deposit of waste to be collected under this section, anything which he knows or has reasonable cause to believe to be unsuitable for use as animal feeding stuffs, he shall be liable on summary conviction to a fine not exceeding five pounds; and if any person (other than a person employed in connection with the local authority's collection of the waste) removes the whole or part of the contents of any such receptacle when placed in a street or public place or set out for the purpose of its contents being removed under this section, he shall be liable on summary conviction to a fine not exceeding ten pounds or, if he has been previously convicted of the like offence, to a fine not exceeding twenty pounds. (6)A local authority may make bye-laws regulating in their area or any part of it the collection of kitchen or other waste for use as animal feeding stuffs and the carriage of waste so collected (whether there or elsewhere), and in particular for securing the use of suitable times, routes, vehicles and receptacles ; and the fines which may be imposed by the bye-laws on persons offending against them may be of an amount not exceeding ten pounds, with, in the case of a continuing offence, a further sum not exceeding forty shillings for each day during which the offence continues after conviction therefor. Bye-laws made under this subsection shall require confirmation of the Minister of Housing and Local Government. (7)Proceedings in respect of an offence created by or under this section shall not be taken by any person other than the local authority in whose area the offence is alleged to have been committed, unless taken by or with the consent of the Director of Public Prosecutions:Provided that, where a local authority collects waste under this section outside their area, they may without the consent of the Director of Public Prosecutions take proceedings in respect of an offence under subsection (5) of this section alleged to have been committed at any place within the limits of their collection. (8)Nothing in this section shall be taken as authorising anything to be used unprocessed as animal feeding stuffs where processing is required by or under any other enactment. (9)In this section the expression "local authority" means the council of a borough, urban district or rural district or an authority which is a sanitary authority for the purposes of the Public Health (London) Act, 1936. (10)There shall be paid out of moneys provided by Parliament any increase attributable to this section in the sums so payable under Part I of the Local Government Act, 1948, or under the Local Government (Financial Provisions) (Scotland) Act, 1954. 10Prevention of bee diseases (control of importation) (1)For the purpose of preventing the spread of pests or diseases among bees, provision may be made by an order under this section for prohibiting the importation of bees into Great Britain— (a)where they originate in or are consigned from a particular country or part of a country ; or (b)where they are not accompanied by a certificate, satisfying the requirements of the order, of freedom from infection or exposure to infection ; or (c)where the importation otherwise fails to comply with the requirements of the order, including in particular any requirements as to the type or construction of the hives or containers used for importing bees. (2)The Minister or any authorised person may license any importation which would otherwise be prohibited under this section, either unconditionally or subject to conditions imposed by the licence ; and a licence under this subsection may be given on, as well as before, importation. (3)Any authorised person may examine any bees imported into Great Britain and their combs, if any, and may take samples of them, in order to see if they are free from infection. (4)Where a consignment of bees imported into Great Britain, or any part of such a consignment, is found to be infected with any pest or disease specified in that behalf by an order under this section, any authorised person may destroy by such means as he thinks fit the consignment (including any combs and any hives or containers) or such part of it as he thinks necessary, or cause it to be so destroyed, and may disinfect or cause to be disinfected by such means as he thinks fit all or any of the hives or containers not so destroyed. (5)Without prejudice to the last foregoing subsection, where any bees are imported into Great Britain in contravention of this section, any authorised person may destroy the bees, together with their combs (if any) and hives or containers, by such means as he thinks fit, or cause them to be so destroyed, and may do so with or without first allowing an opportunity for them to be re-exported. (6)No compensation shall be payable in respect of any exercise of the powers conferred by the three last foregoing subsections. (7)Any person who imports bees into Great Britain in contravention of an order under this section, or who fails to observe any condition imposed by a licence under this section, shall be liable on summary conviction to a fine not exceeding twenty pounds. (8)An order under this section may be varied or revoked by a subsequent order thereunder. (9)Any expenses of the Minister under this section shall be defrayed out of moneys provided by Parliament. (10)The power to make orders under this section shall be exercisable by the Minister of Agriculture and Fisheries and the Secretary of State jointly, and shall be exercisable by statutory instrument which shall be subject to annulment by resolution of either House of Parliament. (11)In this section— (a)" the Minister" means, in relation to England and Wales, the Minister of Agriculture and Fisheries and, in relation to Scotland, the Secretary of State ; (b)" bees " means honey bees, and includes such bees in any stage of their life cycle; (c)" authorised person" means a person generally or specially authorised in writing by the Minister. (12)No limitation on the powers of the Parliament of Northern Ireland imposed by the Government of Ireland Act, 1920, shall apply to preclude that Parliament from enacting provisions corresponding to this section. 11Adaptation to air transport of Diseases of Animals Act, 1950 (1)The Diseases of Animals Act, 1950 (Which includes provision for regulating the import, export and movement of animals by sea or by inland waters, and similar matters), shall apply in relation to aircraft and aerodromes, and to shipment in or landing from aircraft, as it applies in relation to vessels and ports, and to shipment in and landing or disembarking from vessels, but with the adaptations provided for by the Second Schedule to this Act. (2)There shall be paid out of moneys provided by Parliament any increase attributable to this section in the sums so payable under Part I of the Local Government Act, 1948, or under the Local Government (Financial Provisions) (Scotland) Act, 1954. (3)In this section, and in the Second Schedule to this Act, the expression " aerodrome " means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft. (4)No limitation on the powers of the Parliament of Northern Ireland imposed by the Government of Ireland Act, 1920, shall apply to preclude that Parliament from enacting provisions corresponding to this section. 12Amendment of Seeds Act, 1920 (1)The validity of a contract for the sale of seeds or seed potatoes, or the right to enforce such a contract, shall not be affected by any contravention of or non-compliance with section one of the Seeds Act, 1920 (which requires certain particulars to be delivered on the sale of seeds and seed potatoes), or by any other illegality under that Act in the performance of the contract. (2)In subsection (1) of section one of the Seeds Act, 1920, for the words " on or before the sale, or if the goods are not delivered at the time of sale, on or before delivery thereof," there shall be substituted the words “not later than seven days after the sale, or if the goods are not delivered at the time of sale, not later than seven days after the delivery thereof,”. (3)In subsection (3) of section one of the Seeds Act, 1920, for the words " shall be contained in a sale note or invoice or," there shall be substituted the word “may”. (4)Section six of the said Act (which provides that, for the purpose of legal proceedings on a contract for the sale of seeds, the truth of the particulars delivered in pursuance of the said section one shall be questioned only on the result of a test under the said section six) shall apply only in the case of particulars relating to purity or germination and of such (if any) of the particulars required by regulations under the Act as may be prescribed for this purpose by regulations thereunder. (5)In subsection (2) of the said section six (under which a sample for the purpose of testing seeds under the section must be taken within ten days of the date of the delivery of the seeds to the purchaser) for the words " within ten days of the date of the delivery thereof to him " there shall be substituted the words “not later than ten days after the seeds and the statement have been delivered to him”. (6)Nothing in this section shall apply to a contract of sale entered into before the commencement of this Act or to a statement delivered in connection with a sale so entered into. (7)The foregoing provisions of this section shall apply to Northern Ireland, but for the purposes of section six of the Government of Ireland Act, 1920, shall be deemed to have been passed before the appointed day. 13Fixing of minimum rates of wages for certain classes of persons temporarily employed in agriculture in Scotland (1)Except as hereinafter provided, the Agricultural Wages (Scotland) Act, 1949, shall not apply to persons temporarily employed as workers in agriculture (including horticulture), being persons so employed under any scheme prepared by the Secretary of State for the employment in agriculture of persons of sixteen years of age or over during holiday periods:Provided that this section shall not have effect in relation to persons who, immediately before being employed under any such scheme, were in receipt of unemployment benefit under the National Insurance Acts, 1946 to 1953. (2)The Secretary of State shall have power by order to fix for persons temporarily employed as aforesaid such minimum rates of wages for time work as appear to him reasonable in all the circumstances of the case, and different rates may be fixed for different classes of such persons by reference to the nature or circumstances of their work or employment and their age and sex. (3)Any order under this section may vary any minimum rate of wages fixed therein according as the employment is for a day, week, month or other period, or according to the number of working hours or the conditions of the employment, or so as to provide for a differential rate in the case of overtime. (4)The Secretary of State shall, as soon as may be after he has made an order under this section, send notification thereof to the Scottish Agricultural Wages Board and to all agricultural wages committees, and shall give notice of the making of the order and the contents thereof in such manner as he may think fit. (5)The provisions of the Agricultural Wages (Scotland) Act, 1949, shall, so far as applicable, apply in relation to any minimum rate of wages fixed under this section as they apply in relation to any minimum rate of wages fixed under that Act. (6)The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument, which shall be subject to annulment by resolution of either House of Parliament; and the said power shall include a power, exercisable in the like manner and subject to the like conditions, to vary or revoke any such order. (7)This section shall continue in force for five years and no longer, unless Parliament otherwise determines. 14Extension of Corn Returns Act, 1882, to Scotland (1)The Corn Returns Act, 1882 (which provides for the making of returns of purchases of British corn and for the computation and publication of the average prices of each sort of British corn, and for purposes connected with the matters aforesaid), shall, subject to the modifications specified in the next following subsection, extend to Scotland. (2)The modifications referred to in the foregoing subsection are— (a)for any reference to the Board of Trade or to the Minister of Agriculture and Fisheries there shall be substituted a reference to the Secretary of State ; (b)for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette; (c)in section twelve for the words " shall be guilty of a misdemeanour " there shall be substituted the words “shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds”; and (d)sections sixteen and seventeen shall be omitted. (3)The expenses of the Secretary of State under the Corn Returns Act, 1882, as extended by this section shall be paid out of moneys provided by Parliament. 15Construction of references to enactments Any reference in this Act to any previous enactment shall, except in so far as the contrary intention appears, be construed as a reference to that enactment as amended, extended or applied by any subsequent enactment, including this Act. 16Application to Northern Ireland The provisions of this Act do not extend to Northern Ireland, except section two, sections ten and eleven in so far as they extend the powers of the Parliament of Northern Ireland, and section twelve. 17Short title and repeal (1)This Act may be cited as the Agriculture (Miscellaneous Provisions) Act, 1954. (2)The enactments specified in the Third Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. ### 1Power to disqualify persons convicted of cruelty to animals. (1)Where a person who has been convicted under the Protection of Animals Act, 1911, or the Protection of Animals (Scotland) Act, 1912, of an offence of cruelty to any animal is subsequently convicted under either of those Acts of such an offence, the court by which he is convicted on the subsequent occasion may, if it thinks fit, in addition to or in substitution for any other punishment, order him to be disqualified, for such period as it thinks fit, for having custody of any animal or any animal of a kind specified in the order. (2)A court which has ordered the disqualification of a person in pursuance of this section may, if it thinks fit, suspend the operation of the order— (a)for such period as the court thinks necessary for enabling arrangements to be made for the custody of any animal or animals to which the disqualification relates; or (b)pending an appeal. (3)A person who is disqualified by virtue of an order under this section may, at any time after the expiration of twelve months from the date of the order, and from time to time apply to the court by which the order was made to remove the disqualification, and on any such application the court may, as it thinks proper, having regard to the character of the applicant and his conduct subsequent to the order, the nature of the offence of which he was convicted, and any other circumstances of the case, either— (a)direct that, as from such date as may be specified in the direction, the disqualification be removed or the order be so varied as to apply only to animals of a kind specified in the direction; or (b)refuse the application:Provided that where on an application under this section the court directs the variation of the order or refuses the application, a further application thereunder shall not be entertained if made within twelve months after the date of the direction or, as the case may be, the refusal. Breach of disqualification order. 2If a person has custody of any animal in contravention of an order made under this Act, he shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to both such fine and imprisonment. Increase in amount of fines under certain provisions of Protection of Animals Acts. 3The maximum amount of the fine which may be imposed on a person convicted of an offence under any of the following enactments, that is to say, subsection (1) of section one of the Protection of Animals Act, 1911, subsection (1) of section one of the Protection of Animals (Scotland) Act, 1912, subsection (4) of section one of the Protection of Animals (Cruelty to Dogs) Act, 1933, and subsection (4) of section one of the Protection of Animals (Cruelty to Dogs) (Scotland) Act, 1934 (being respectively enactments which penalise certain offences of cruelty to animals and enactments which prohibit a person from keeping a dog or applying for or obtaining a dog licence while disqualified by an order of the court), shall, in the case of a person so convicted after the commencement of this Act, be increased from twenty-five pounds to fifty pounds. 4Interpretation, citation, extent and commencement. (1)In this Act— (a)expressions used have, in relation to England and Wales, the same meanings as in the Protection of Animals Act, 1911, and, in relation to Scotland, the same meanings as in the Protection of Animals (Scotland) Act, 1912; and (b)references to any enactment shall be construed as references to that enactment as amended by any other enactment, including this Act. (2)This Act may be cited as the Protection of Animals (Amendment) Act, 1954. (3)This Act shall not extend to Northern Ireland. (4)This Act shall come into operation on the first day of January, nineteen hundred and fifty-five. ### 1Reduction of entertainments duty (1)The three scales of entertainments duty provided for by section two of the Finance Act, 1952, shall be those set out in the First Schedule to this Act, the first, or lowest, scale in Part I of that Schedule, the second in Part II, and the third, or highest, in Part III. (2)This section shall apply, and shall be deemed to have applied, to payments for admission (whenever made) to entertainments held on or after the thirtieth day of May, nineteen hundred and fifty-four; and where entertainments duty has been charged on any payment made before that day and by virtue of this section a less amount of duty should have been charged than the amount which was in fact charged, the person by whom the duty was paid shall be entitled to repayment of the overcharge. 2Extension of certain exemptions to entertainments provided by local authorities or their committees (1)The expressions "society, institution or committee " and " society" in the enactments conferring the following exemptions from entertainments duty, that is to say— (a)the exemption for performances provided by a body whose aims, objects and activities are partly educational, (b)the exemption for certain amateur performances, (c)the exemption for certain amateur sports, (d)the exemptions for exhibitions, (e)the exemption for entertainments provided for partly scientific purposes,shall, for the purposes of those exemptions, include a local authority and any committee or sub-committee of a local authority. (2)On a claim made by a local authority (but not by a committee or sub-committee) in respect of the exemption for performances provided by a body whose aims, objects and activities are partly educational, or of the exemption for certain amateur performances, the Commissioners shall have regard to the entertainments provided by the local authority, being entertainments which are, or apart from either of those exemptions would be', chargeable on the first scale of duty, and shall treat the local authority as not established or conducted for profit if they are satisfied that those entertainments are not provided for profit; and in considering for the purposes of the first of those two exemptions whether the local authority's aims, objects and activities are partly educational, the Commissioners shall have regard to those entertainments, and not to any other activities of the local authority. (3)On a claim made as aforesaid in respect of the exemption for certain amateur sports, the Commissioners shall have regard to the entertainments provided by the local authority, being entertainments consisting of games, races or other sports which are, or apart from that exemption would be, chargeable on the second scale of duty, and shall treat the local authority as established and conducted for the promotion and furtherance of amateur games or sports, and as not established or conducted for profit, if they are satisfied that the local authority provides the entertainments to which they are to have regard under this subsection for the promotion and furtherance of amateur games and sports, and not for profit. (4)On a claim made as aforesaid in respect of any of the exemptions for exhibitions or the exemption for entertainments provided for partly scientific purposes, the Commissioners shall have regard to the entertainments provided by the local authority of a kind to which the exemption relates, and shall treat the local authority as not established or conducted for profit if they are satisfied that those entertainments are not provided for profit. (5)The provisions of this section shall not restrict the cases in which a reduced rate of duty is chargeable under section fifteen of the Finance Act, 1950 (which relates to entertainments consisting partly of a cinematograph film and partly of some entertainment which by itself would be chargeable on the first scale of duty). (6)This section shall apply, and shall be deemed to have applied, to payments for admission (whenever made) to any entertainment held on or after the first day of July, nineteen hundred and fifty-four, and to any previous entertainment as respects which a claim for exemption made before that date had not then been disposed of by the Commissioners. (7)In this section— (a)" the exemption for performances provided by a body whose aims, objects and activities are partly educational" means the exemption conferred by section eight of the Finance Act, 1946, in respect of entertainments consisting of one or more of the items mentioned in paragraphs (a), (b), (c), (e), (f) or (i) of subsection (1) of that section; (b)" the exemption for certain amateur performances" means the exemption conferred by section ten of the Finance Act, 1949; (c)" the exemption for certain amateur sports " means the exemption conferred by section seven of the Finance Act, 1953; (d)" the exemptions for exhibitions " means the exemptions conferred by section eight of the Finance Act, 1946, in respect of entertainments consisting of one or more of the items mentioned in paragraphs (g) or (h) of subsection (1) of that section and the exemption conferred by section eleven of the Finance Act, 1923; (e)" the exemption for entertainments provided for partly scientific purposes " means the exemption conferred by subsection (5) of section one of the Finance (New Duties) Act, 1916, in respect of entertainments provided for partly scientific purposes. 3Chicory (customs duties and drawbacks) (1)The enactments relating to the duties of customs and drawbacks on chicory and mixtures of coffee and chicory shall be amended as follows. (2)In subsection (1) of section three of the Finance Act, 1924 (which relates to the full rates of duty), rates of 19s. 0d. per cwt. and 3d. per lb. shall be substituted for the rates of 13s. 3d. per cwt. and 2d. per lb. respectively applicable to chicory (raw or kiln-dried) and chicory (roasted or ground). (3)Section eight of the Finance Act, 1919 (which relates to imperial preference), shall have effect as if the reduced rates specified in the Second Schedule to that Act were, in the case of chicory (raw or kiln-dried), 16s. 9 1/2 d. per cwt. and, in the case of chicory (roasted or ground), 2 2/3 d. per lb. (4)Mixtures of roasted coffee and roasted chicory shall be chargeable with duty at the like rates as roasted chicory. (5)In subsection (4) of section three of the Finance Act, 1924 (which relates to the drawbacks on roasted coffee, roasted chicory and mixtures of them),— (a)for the rate of 11s. 0d. per 100 lbs. applicable to chicory there shall be substituted a rate of 17s. 0d. per 100 lbs.; and (b)for the rate of 11s. 0d. per 100 lbs. applicable to mixtures there shall be substituted a rate of 14s. 0d. per 100 lbs.; (c)for the proviso there shall be substituted the following:— “Provided that, in the case of the drawback on chicory, the rate thereof shall, if the duty paid on the chicory was the customs duty at the reduced rate payable under section eight of the Finance Act, 1919, be 15s. 0d. instead of 17s. 0d. (6)This section shall have effect as from the seventh day of April, nineteen hundred and fifty-four. 4Five-year extension of key industry duty Part I of the Safeguarding of Industries Act, 1921, shall continue in force until the beginning of the nineteenth day of August, nineteen hundred and fifty-nine. 5Relief from silk duties on temporary importations (1)Section twelve of the Finance Act, 1951 (which authorises the Commissioners in the interests of the export trade to grant relief from duties chargeable under Part I of the Import Duties Act, 1932, or under the Safeguarding of Industries Act, 1921, on certain temporarily imported goods), shall apply in relation to the silk and artificial silk duties as it applies in relation to those duties. (2)In this section the expression " the silk and artificial silk duties " means any duty of customs chargeable under section four of the Finance Act, 1925, section five of the Finance Act, 1926, section five of the Finance Act, 1932, or section nine of the Finance Act, 1933. (3)This section shall have effect as respects goods of which entry under the customs Acts on importation is made after the commencement of this Act or which are delivered from bonded warehouse after that time. 6Exemption of works of art from import duties Section four of the Finance Act, 1937 (under which certain works of art may be exempted from import duties conditionally upon their certification as works of art), shall apply to works of art of any description and accordingly in that section, subsection (4) and in subsection (1) the words " to which this section applies", shall cease to have effect. Part II Purchase Tax 7Charge of tax on cessation of registration (1)Subject to the provisions of this section, when a person ceases to be required to be registered, purchase tax shall become chargeable in respect of any chargeable goods then in his ownership in respect of which tax has not become chargeable on any appropriation or application by him, and which he acquired under a purchase of goods as stock for his business or as materials or which were imported for him as stock for his business or as materials or which have been manufactured by him, as if they had been delivered by him under a chargeable purchase from him while he was required to be registered. (2)Payment of tax due by virtue of the foregoing subsection shall, subject to any conditions the Commissioners may impose for the purpose of protecting the revenue, be deferred for such period as the Commissioners may allow having regard to the said purpose and to the time when tax in respect of the goods might have been expected to become payable if the said person had continued to be required to be registered; and if he satisfies the Commissioners that any of the goods have been sold to a registered person as stock or as materials or exported by him within the period so allowed, or within any further period which they may allow, the tax chargeable under this section in respect of the goods so sold or exported shall be remitted or, if it has been paid, shall be repaid. (3)In this section— (a)the references to a purchase of goods as stock or as materials shall be construed in accordance with subsection (1) of section twenty-four of the Finance (No. 2) Act, 1940; (b)the reference to an importation of goods as stock or as materials shall be construed in accordance with subsection (2) of section ten of the Finance Act, 1944; and (c)the reference to manufacturing goods shall be construed as a reference to making goods or applying a process in the course of making goods. (4)While any tax for which any person is accountable by virtue of this section remains unpaid, any regulations for the time being in force under section thirty-three of the Finance (No. 2) Act, 1940 (under which the Commissioners may make provision for requiring registered persons to keep accounts and for applying to them any enactment relating to a duty of excise or customs), shall apply to him as if he were a registered person. (5)This section shall have effect as respects persons ceasing to be registered on or after the first day of May, nineteen hundred and fifty-four. 8Registration of manufacturers making goods to be let out on hire (1)The reference to manufacturers whose business includes the selling of chargeable goods in subsection (1) of section twenty-three of the Finance (No. 2) Act, 1940 (under which such manufacturers are required to be registered), and any other reference in the enactments relating to purchase tax to such manufacturers shall include references to manufacturers whose business includes the letting out on hire of goods manufactured by them. (2)For the purposes of the proviso to subsection (1) of the said section twenty-three (which exempts from registration persons whose annual gross takings from sales of chargeable goods do not exceed five hundred pounds) any appropriation by a manufacturer of goods manufactured by him to the purposes of any business of letting out chargeable goods on hire shall be deemed to be a sale at a price equal to the wholesale value of the goods. (3)In this section references to manufacturing goods shall be construed as references to making goods or applying a process in the course of making goods. 9Power to impose conditions as to use of a certificate of registration (1)At the end of subsection (1) of section fourteen of the Finance Act, 1944 (which authorises the Commissioners to impose, as a condition of the holding of a certificate of registration, a requirement that security is given for payment of tax), there shall be added the words “or that he shall make representations as being the holder of a certificate of registration only in such circumstances or as respects such classes of goods as the Commissioners may from time to time direct, or both of those requirements”. (2)The power conferred by the foregoing subsection shall not be exercisable as respects a person who is a registered person at the date of the passing of this Act, but if before that date the Commissioners entered into any arrangement or agreement with him as to the cases in which he should make representations as being the holder of a certificate of registration, or imposed any requirement to the like effect under any practice established for the granting of certificates of registration, and the arrangement, agreement or requirement is in force at that date, subsection (1) of the said section fourteen shall apply as if that arrangement, agreement or requirement were a requirement imposed in exercise of the said power. (3)In subsections (1) and (2) of section fifteen of the Finance Act, 1944 (which affords relief from double charge of purchase tax in cases where a person does not hold a certificate of registration), the references to those cases shall include references to cases where a person refrains from making a representation to obtain goods without payment of tax in pursuance of a requirement imposed on him by or under this section. 10Operations affecting tax classification to be treated as processes of manufacture Section twenty-three of the Finance Act, 1948 (which provides that any treatment of goods affecting their get-up which results in the goods becoming chargeable goods or becoming goods in respect of which tax is chargeable at a higher rate shall be regarded as a process of manufacture), shall apply in relation to any treatment of goods which affects the goods themselves as it applies in relation to a treatment which affects the get-up of the goods. 11Power to define the difference between processes of manufacture and repairs, maintenance or alterations (1)If it appears to the Treasury necessary for the protection of the revenue that for any class of goods the difference should be defined for the purposes of purchase tax between cases where the carrying out of an operation amounts to a process of manufacture and cases where it constitutes no more than the repair, maintenance or alteration of the goods to which it is applied, they may by order specify as respects any class of goods the cases in which specified kinds of operations are to be treated for those purposes as processes applied in the course of making goods. (2)Subsections (3) to (5) of section twenty-one of the Finance Act, 1948 (which contain supplementary provisions about orders under that section, including provision for their submission to the House of Commons), shall apply to orders under this section and any such order shall be treated as an order extending the incidence of tax for the purposes of subsection (5) of that section (which makes such an order subject to affirmative approval by resolution of the House of Commons). 12Tax in respect of unfinished or incomplete goods (1)Purchase tax in respect of any goods of a prescribed class shall be chargeable on the wholesale value thereof finished and complete, and for the purpose of section twenty-one of the Finance (No. 2) Act, 1940 (which relates to the determination of wholesale value), any goods of a prescribed class in respect of which tax is chargeable shall be assumed to be in that state. (2)It shall be for the Commissioners to determine for any goods of a prescribed class, or for any type of goods of a prescribed class, what processes those goods, or goods of that type, must have undergone if they are to be regarded for the purposes of this section as finished, what parts and accessories are for those purposes to be deemed to belong to such goods when complete and what type of any part or accessory deemed to belong to such goods when complete, goods lacking that part or accessory are to be treated for those purposes as having. (3)In exercising their powers under this section the Commissioners shall wherever practicable have regard to any standard specification for the type of goods in question and to the common practice of users of such goods. (4)In this section the expression " prescribed class " means mechanically propelled vehicles and such other classes of goods as the Treasury may by order direct, and the power of making orders under this section shall include power to direct that for the purposes of this section and any other enactment relating to purchase tax goods without a specified part or accessory shall fall within the same class as goods complete with that part or accessory, being a class which is a prescribed class or part of a prescribed class. (5)For the said purposes a vehicle designed to be mechanically propelled shall be deemed to be mechanically propelled, whether or not complete with an engine and other parts and accessories required for the purpose. (6)Subsections (3) to (6) of section twenty-one of the Finance Act, 1948 (which contain supplementary provisions about orders under that section, including power to vary and revoke and provision for their submission to the House of Commons), shall apply to orders under this section and any such order which has the effect of increasing the tax chargeable in respect of any goods shall be treated as an order increasing the rate of tax for the purposes of subsection (5) of that section (which makes such an order subject to affirmative approval by resolution of the House of Commons). (7)The provisions of subsection (5) of this section may be varied or revoked as if they were contained in an order under this section. (8)Section twenty-four of the Finance Act, 1948 (which relates to changes in the charge to tax in relation to pre-existing contracts), shall apply to any change made by or under this section in the amount of tax chargeable in respect of any goods as it applies to changes in the rate at which tax is chargeable in respect of any goods. 13Valuation of goods (1)Section twenty-one of the Finance (No. 2) Act, 1940 (which relates to the determination of wholesale value), shall have effect subject to the following provisions of this section. (2)Where the goods to be valued are goods bought by a retail trader under a chargeable purchase (whether from a wholesale merchant or from the manufacturer of the goods), or imported in pursuance of a purchase by such a trader, then, unless it appears to the Commissioners— (a)that by reason of the quantity of the goods comprised in the purchase, the price payable thereunder is lower than the price which would be paid by retail traders in general for goods of the like description; or (b)that the retail trader, in carrying on his business in respect of such goods, performs any of the functions usually performed by wholesale merchants, or otherwise enjoys any purchasing advantage over retail traders in general; or (c)that the seller mainly sells to persons whose purchases are substantially greater than those made by the majority of retail traders,the wholesale value of the goods as determined under the said section twenty-one shall not exceed a sum equal to the price payable under the purchase, exclusive of purchase tax and properly adjusted so as to take account of any circumstances differentiating the purchase from a sale made in the circumstances specified in the Eighth Schedule to the said Act of 1940 and of any difference between the actual state of the goods and the state in which they are to be assumed to be for the purposes of valuation. (3)Where the goods to be valued are not goods bought or imported as mentioned in subsection (2) of this section or, being such goods, are excluded from the operation of that subsection under paragraph (a), (b) or (c) thereof, the Commissioners shall, in determining the price which the goods would fetch on a sale made as mentioned in subsection (1) of the said section twenty-one, have regard to the extent to which goods of the like description are sold to retail traders in general by manufacturers as well as by wholesale merchants. (4)Any estimate of the amount of purchase tax chargeable in any circumstances to be made by the Commissioners for the purposes of any enactment relating to the registration of wholesale merchants and manufacturers shall be made by reference to the said section twenty-one without the amendments effected by this section. (5)This section shall come into force on the first day of January, nineteen hundred and fifty-five. Part III Income Tax and Profits Tax 14Charge of income tax for 1954-55 Income tax for the year 1954-55 shall be charged at the standard rate of nine shillings in the pound and, in the case of an individual whose total income exceeds two thousand pounds, at such higher rates in respect of the excess over two thousand pounds as Parliament may hereafter determine. 15Further provision for repayment of post-war credits (1)Where a man or woman who has died or become bankrupt would, but for that, be entitled on making the proper application under section twenty-six of the Finance Act, 1946 (which provides for the repayment of post-war credits to elderly persons), to payment of a post-war credit to which that section applies, then (subject to the provisions of this section) the person for the time being having the title to the credit shall be entitled to receive the payment. (2)Notwithstanding the proviso to subsection (4) of section seven of the Finance Act, 1941, an assignment of or charge on any such credit made by a deceased person's personal representatives acting in their capacity as such, and not made to a legatee or, where the deceased's estate is (or but for the credit would be) insolvent, to a creditor of the estate, and any agreement for such an assignment or charge, shall be void unless made before the commencement of this Act; and a person shall not be entitled to payment of a credit by virtue of this section if his title to the credit depends on such an assignment or charge made before that commencement but after the sixth day of April, nineteen hundred and fifty-four:Provided that for the purposes of this subsection an assignment or charge made to give effect to an agreement enforceable against the persons making the assignment or charge shall be treated as made at the time of the agreement. (3)A person shall not be entitled to payment of a credit by virtue of this section unless he makes a written application to the Commissioners of Inland Revenue in such form as they may require and they are satisfied of his right, at the time of the application, to payment (subject only to subsection (6) of this section); and the Commissioners may require such evidence as they think fit in support of applications under this section. (4)Subsections (6) to (8) of section twenty-six of the Finance Act, 1946 (which make supplementary provision for the purposes of that section), shall apply for the purposes of this section as they apply for the purposes of that section. (5)In this section— (a)any reference to the person having title to a credit is a reference to the person who, on the date being fixed by the Treasury under subsection (1) of section seven of the Finance Act, 1941, would be entitled to have it credited to him; and (b)" legatee " means, in relation to a deceased person, a person taking any property or interest in property, whether beneficially or not, under a will or other testamentary disposition of the deceased person or on his intestacy. (6)No payments shall be made by virtue of this section before the ninth day of August, nineteen hundred and fifty-four; but anything done before the commencement of this Act, and after the fourth day of July, nineteen hundred and fifty-four, with a view to obtaining or making payment on or as soon as may be after the said ninth day of August shall be and be deemed to have been of the same effect as if this section had been in force at the time. 16New provision for " investment allowances." (1)In the cases provided for by this section, an allowance (in this Act referred to as an " investment allowance ") shall be made in respect of capital expenditure on new assets incurred after the sixth day of April, nineteen hundred and fifty-four. (2)An investment allowance equal to one-tenth of the expenditure shall be made instead of an initial allowance under Chapter I of Part X of the Income Tax Act, 1952, in respect of expenditure on the construction of a building or structure which is to be an industrial building or structure, and any provision of the Income Tax Acts applicable to initial allowances under that Chapter shall apply instead to investment allowances under this subsection, except that— (a)the amount of an investment allowance shall not be written off under subsection (2) of section two hundred and sixty-eight of the Income Tax Act, 1952, in ascertaining the residue of the expenditure, nor taken into account under subsection (6) of section two hundred and sixty-seven of that Act in ascertaining the maximum amount on which a balancing charge may be made; and (b)the right to an investment allowance shall not be excluded by section two hundred and seventy-seven of that Act (which relates to cases where mills, factories etc. allowances continue to be allowable); and (c)paragraph (b) of subsection (1) of section two hundred and seventy-eight of that Act (by virtue of which the expenditure treated as incurred on a building or structure does not include expenditure on preparing, cutting, tunnelling or levelling land) shall not apply, but any investment allowance shall be disregarded for the purposes of subsection (3) of that section. (3)An investment allowance equal to one-fifth of the expenditure shall be made instead of an initial allowance under Chapter II of the said Part X in respect of expenditure on the provision of new machinery or plant, and any provision of the Income Tax Acts applicable to initial allowances under that Chapter, so far as it is applicable in relation to allowances for new assets, shall apply also to investment allowances under this subsection, except that— (a)references to initial allowances in sections two hundred and eighty-one to two hundred and ninety-seven of and in the Fourteenth Schedule to the Income Tax Act, 1952 (under which an initial allowance affects the right or liability to or amount of other allowances and charges), shall not apply; and (b)in the case of expenditure on the provision of a ship, the proviso to subsection (5) of section two hundred and seventy-nine of the said Act (which contains transitional provisions in connection with the suspension of initial allowances by the Finance Act, 1951) shall not affect the amount of any investment allowance, but where an initial allowance equal to two-fifths of the expenditure falls to be made by virtue of that proviso, either an investment allowance or an initial allowance shall be made at the option of the person entitled; and (c)where the expenditure on new machinery or plant is allowed to be deducted in computing profits or gains for the purposes of income tax, it shall nevertheless be treated as capital expenditure for the purposes of this subsection, if it would be so treated for the purposes of the said Chapter II bat for the deduction:Provided that no investment allowance shall be made under this subsection in respect of expenditure incurred on the provision of road vehicles unless they are of a type not commonly used as private vehicles and unsuitable to be so used or are provided wholly or mainly for hire to or for the carriage of members of the public in the ordinary course of a trade. (4)An investment allowance shall be made instead of an initial allowance under Chapter III of the said Part X in respect of expenditure to which that Chapter applies on the construction of works, and any provision of the Income Tax Acts applicable to initial allowances under that Chapter shall apply also to investment allowances under this subsection, except that— (a)the amount of an investment allowance shall be one-fifth of the expenditure in respect of which it is made; and (b)investment allowances shall not be taken into account under sections three hundred and seven and three hundred and eight of the Income Tax Act, 1952, in ascertaining the residue of the expenditure:Provided that an initial allowance may be made, at the option of the person entitled, and not an investment allowance. (5)An investment allowance equal to one-tenth of the expenditure shall be made in respect of expenditure on buildings or works in the case of which an allowance may be made under section three hundred and fourteen of the Income Tax Act, 1952 (which relates to farm and forestry buildings, and works), and any provision of the Income Tax Acts applicable to allowances under that section shall apply also to investment allowances under this subsection, except that— (a)so much of subsection (1) of that section as excludes any expenditure by reference to section one hundred and one of the said Act shall not apply; and (b)an investment allowance in respect of any expenditure shall be made only for the first year of assessment for which the allowance under section three hundred and fourteen falls to be made (or would fall to be made but for that exclusion). (6)An investment allowance equal to one-fifth of the expenditure shall be made in respect of scientific research expenditure on the construction of buildings or works or the provision of new machinery or plant, being expenditure in respect of which an allowance falls to be made under section three hundred and thirty-six of the Income Tax Act, 1952, and any provision of the Income Tax Acts applicable to allowances under that section, so far as it is applicable in relation to allowances for new assets, shall apply also to investment allowances under this subsection, except that— (a)an investment allowance in respect of any expenditure shall be made only for the first year of assessment for which the allowance under section three hundred and thirty-six falls to be made; and (b)an investment allowance shall not be taken into account for any purpose under section three hundred and thirty-seven of that Act (which relates to the making of an additional allowance or of a charge on the termination of user etc. of assets provided for scientific research purposes) nor shall references to a scientific research allowance in Chapters I and II of Part X of that Act apply. (7)A claim for an investment allowance shall have annexed to it a certificate stating that the expenditure was incurred on new assets and giving such particulars of the purposes for which they are to be used as show that an investment allowance falls to be made; and the certificate shall be signed by the claimant and shall be deemed to form part of the claim. (8)The Second Schedule to this Act shall have effect to provide for the withholding or withdrawal of investment allowances or the withholding of initial allowances in certain cases, and matters incidental thereto, and to amend sections two hundred and ninety-two and two hundred and ninety-six of the Income Tax Act, 1952, in connection with cases where no initial allowance is made in respect of machinery or plant, whether or not by virtue of this section. (9)Subject to that Schedule, where it is provided by this section that an investment allowance shall be made instead of an initial allowance, no initial allowance shall be made notwithstanding that an investment allowance is for any reason not made, except where the person entitled has and exercises an option in favour of an initial allowance. (10)In this section, "new" in relation to machinery and plant means unused and not secondhand. (11)Notwithstanding anything in the foregoing provisions of this section, expenditure to which it does not otherwise apply shall not be treated for the purposes of it as incurred after the sixth day of April, nineteen hundred and fifty-four, by virtue of any of the following provisions of the Income Tax Act, 1952, that is to say, subsection (6) of section two hundred and sixty-five, subsection (2) of section two hundred and seventy-seven (as it operates on subsection (4) of section two hundred and sixty-five), subsection (2) of section two hundred and seventy-nine and subsection (1) of section three hundred and nine (which relate partly to cases where expenditure is incurred by a person for the purposes of a trade before he begins carrying it on, and partly to cases where mills, factories etc. allowances cease to be allowable). (12)Where this section provides for an investment allowance to be made for the purposes of income tax in respect of any expenditure to a person carrying on a trade or business in respect of which he is chargeable to the profits tax, the amount of the allowance shall be deducted in computing the profits of the trade or business for the purposes of the profits tax for the accounting period in which the expenditure is incurred; and paragraph 1 of the Second Schedule to this Act shall apply to the withdrawal of an allowance for the purposes of the profits tax as it applies to its withdrawal for the purposes of income tax. 17Company reconstructions etc. without change of ownership (1)A trade carried on by a company, whether alone or in partnership, shall not be treated for any of the purposes of the Income Tax Acts as permanently discontinued, nor a new trade as set up and commenced, by reason of a change in the year 1954-55 or any subsequent year of assessment in the persons engaged in carrying on the trade, if the company is the person or one of the persons so engaged immediately before the change and on or at any time within two years after the change the trade or an interest amounting to not less than a three-fourths share in it belongs to the same persons as the trade or such an interest belonged to at some time within a year before the change. (2)The conditions for the foregoing subsection to apply to a change may be satisfied notwithstanding that some other change, prior or subsequent to the first-mentioned change, intervenes between the times taken for the comparison under that subsection, and if they are (or continue to be) satisfied by reference to a time after some subsequent change (but still within two years after the first-mentioned change) the trade shall not be treated for any of the purposes of the Income Tax Acts as permanently discontinued, nor a new trade as set up and commenced, by reason of that subsequent change. (3)If a trade is permanently discontinued, but on the discontinuance the activities of the trade or part of them are carried on by some person as his trade or as part of his trade,— (a)the foregoing subsections shall apply in relation to any change in the persons engaged in carrying on the first-mentioned trade as if the two trades were the same trade, and (b)the two trades shall be treated for all the purposes of the Income Tax Acts as if they were the same trade and as if, instead of the discontinuance, there had been a change in the persons engaged in carrying on that trade, where the effect of so treating them is that either of the foregoing subsections applies to prevent the change being treated as a discontinuance:Provided that where the activities so carried on are part only of the activities of either of the trades in question they shall so far as necessary be treated for the purposes of this subsection as a separate trade from the other activities of that trade, and for that purpose there shall be made such apportionments as may be just of any profits or gains, losses, allowances or charges. (4)For the purposes of this section— (a)a trade carried on by two or more persons shall be treated as belonging to them in the shares in which they are entitled to the profits of the trade; (b)a trade or interest therein belonging to any person as trustee (otherwise than for charitable or public purposes) shall be treated as belonging to the persons for the time being entitled to the income under the trust; (c)a trade or interest therein belonging to a company shall, where the result of so doing is that the conditions for subsection (1) or subsection (2) of this section to apply to a change are satisfied, be treated in any of the ways permitted by the next following subsection. (5)For the purposes of this section, a trade or interest therein which belongs to a company engaged in carrying it on may be regarded— (a)as belonging to the persons owning the ordinary share capital of the company and as belonging to them in proportion to the amount of their holdings of that capital, or (b)in the case of a company which is a subsidiary company, as belonging to a company which is its parent company, or as belonging to the persons owning the ordinary share capital of that parent company, and as belonging to them in proportion to the amount of their holdings of that capital,and any ordinary share capital owned by a company may, if any person or body of persons has the power to secure by means of the holding of shares or the possession of voting power in or in relation to any company, or by virtue of any power conferred by the articles of association or other document regulating any company, that the affairs of the company owning the share capital are conducted in accordance with his or their wishes, be regarded as owned by the person or body of persons having that power. (6)For the purposes of the last foregoing subsection— (a)references to ownership shall be construed as references to beneficial ownership, and the expression " ordinary share capital" in relation to a company means all the issued share capital (by whatever name called) of the company, other than capital the holders whereof have a right to a dividend at a fixed rate or at a rate fluctuating in accordance with the standard rate of income tax, but have no other right to share in the profits of the company; (b)a company shall be deemed to be a subsidiary of another company if and so long as not less than three-quarters of its ordinary share capital is owned by that other company, whether directly or through another company or other companies, or partly directly and partly through another company or other companies; (c)the amount of ordinary share capital of one company owned by a second company through another company or other companies, or partly directly and partly through another company or other companies, shall be determined in accordance with the provisions of Part I of the Fourth Schedule to the Finance Act, 1938; (d)where any company is a subsidiary of another company that other company shall be considered as its parent company unless both are subsidiaries of a third company. (7)In determining, for the purposes of this section, whether or to what extent a trade belongs at different times to the same persons, persons who are relatives of one another and the persons from time to time entitled to the income under any trust shall respectively be treated as a single person, and for this purpose " relative" means husband, wife, ancestor, lineal descendant, brother or sister. (8)For the purposes of this section "company " includes any body corporate. (9)The Third Schedule to this Act shall have effect for the purpose of supplementing and giving effect to this section. 18Right to carry back loss sustained in last year of business (1)Where a trade, profession or vocation is permanently discontinued, and any person then carrying it on, either solely or in partnership, has sustained therein a loss to which this section applies (hereinafter referred to as a " terminal loss"), then subject to the provisions of this section he may claim that the amount of the terminal loss shall, as far as may be, be deducted from or set off against the amount of profits or gains on which he has been charged to tax under Schedule D in respect of the trade, profession or vocation for the three years of assessment last preceding that in which the discontinuance occurs, and there shall be made all such reductions of assessments or repayments of tax as may be necessary to give effect to the claim:Provided that relief shall not be given in respect of the same matter both under this section and under some other provision of the Income Tax Acts. (2)Any relief under this section shall be given as far as possible from the assessment for a later rather than for an earlier year. (3)Where a claim is made under this section in respect of a terminal loss sustained in a trade, and relief cannot be given, or cannot be wholly given, against the profits or gains of the trade charged to tax under Schedule D for any year because the amount of those profits or gains is insufficient, then any interest or dividends on investments arising in that year, being interest or dividends which would fall to be taken into account as trading receipts in computing the profits or gains of the trade for the purpose of assessment under Case I of Schedule D but for the fact that they have been subjected to tax under other provisions of the Income Tax Acts, shall be treated for the purposes of the application of this section as if they were profits or gains on which the person carrying on the trade was assessed under the said Case I in respect of that trade for that year of assessment, and relief shall be given accordingly by repayment or otherwise. (4)The profits or gains on which a person or partnership has been charged to tax for any year of assessment shall be treated, for the purposes of any relief under this section from the assessment for that year, as reduced by the amount of those profits or gains applied in making any payment, where tax was deducted from the payment and was not accounted for because the payment was made out of profits or gains brought into charge, and in the case of a body of persons by the amount of those profits or gains applied in payment of dividends; and where those profits or gains are so treated as reduced by an amount applied in making any payment other than a payment of dividends, then the like reduction shall be made in the amount of the terminal loss for which relief may be given under this section from the assessments for earlier years, unless the payment was one which, if not made out of profits or gains brought into charge, could have been assessed to tax under section one hundred and seventy of the Income Tax Act, 1952, and, if so assessed, could have been treated as a loss by virtue of section three hundred and forty-five of that Act. (5)The question whether a person has sustained any, and if so what, terminal loss in a trade, profession or vocation shall for the purposes of this section be determined by taking the amounts, if any, of the following (in so far as they have not been otherwise taken into account so as to reduce or relieve any charge to tax), that is to say— (a)the loss sustained by him in the trade, profession or vocation in the year of assessment in which it is permanently discontinued; (b)the relevant capital allowances for that year of assessment; (c)the loss sustained by him in the trade, profession or vocation in the part of the preceding year of assessment beginning twelve months before the date of the discontinuance; (d)the same fraction of the relevant capital allowances for that preceding year of assessment as the part beginning as aforesaid is of a year. (6)In the last foregoing subsection " the relevant capital allowances " means, in relation to any year of assessment, any allowances falling to be made in charging the profits or gains of the trade, profession or vocation for that year under Parts X and XI of the Income Tax Act, 1952, excluding amounts carried forward from an earlier year, and for the purposes of paragraphs (a) and (c) of that subsection the amount of a loss shall, subject to the provisions of this section, be computed in like manner as profits or gains under the provisions of the Income Tax Acts applicable to Cases I and II of Schedule D. (7)Where a person claiming relief under this section on a discontinuance has, since the beginning of the third year of assessment preceding that in which the discontinuance occurs, carried on the trade, profession or vocation in partnership,— (a)" the amount of profits or gains on which he has been charged to tax " shall be taken to mean, in respect of any year or part of a year for which the partnership was assessed in respect of the trade, profession or vocation, such portion of the amount of the profits or gains on which the partnership has been, or is treated by virtue of subsection (4) of this section as having been, charged to tax in respect of it for that year or part of a year as would be required by the Income Tax Acts to be included in a return of his total income for that year; and (b)any reduction in the amount of his terminal loss which falls to be made under the said subsection (4) by reason of profits or gains having been applied by the partnership in any such year or part of a year in making any payment shall be limited to the same proportion of the profits or gains brought into charge which were so applied; and (c)if he was carrying on the trade, profession or vocation in partnership immediately before the discontinuance, the amounts to be included in his terminal loss by virtue of paragraph (b) or (d) of subsection (5) of this section shall be such part only of the amounts therein mentioned (in so far as they have not been otherwise taken into account so as to reduce or relieve any charge to tax) as would fall to his share on a division made according to the shares in which the partners were then entitled to the profits of the trade, profession or vocation. (8)For all the purposes of this section a trade, profession or vocation shall be treated as permanently discontinued, and a new trade, profession or vocation as set up and commenced, when it is so treated for the purposes of section nineteen of the Finance Act, 1953; but— (a)a person who continues to be engaged in carrying it on immediately after such a discontinuance shall not be entitled to relief in respect of any terminal loss on that discontinuance; and (b)on any discontinuance, a person not continuing to be so engaged may be given relief in respect of a terminal loss against profits or gains on which he was charged in respect of the same trade, profession or vocation for a period before a previous discontinuance, if he has been continuously engaged in carrying it on between the two discontinuances, and, in his case, if the previous discontinuance occurred within twelve months before the other.— (i)it shall be disregarded for the purposes of paragraphs (a) and (c) of subsection (5) of this section, except that those paragraphs shall be taken to include any amount on which relief could have been allowed to him as for a loss sustained before the previous discontinuance by virtue of paragraph (c) of subsection (2) of the said section nineteen, so far as it is referable to a period within those twelve months; and (ii)paragraph (d) of the said subsection (5) shall be taken to include the whole amount of the allowances in question, instead of the fraction there mentioned. (9)A claim for relief under this section may require that, in so far as they have not been otherwise taken into account so as to reduce or relieve any charge to tax, allowances under Part X of the Income Tax Act, 1952, in respect of the trade, profession or vocation, being allowances which fall to be made to the claimant by way of discharge or repayment of tax and to be so made for the year of assessment in which the discontinuance occurs or the preceding year of assessment, shall be added to the terminal loss sustained by him (or, if he has not sustained a terminal loss computed in accordance with the foregoing subsections, shall be treated as a terminal loss so sustained), and the allowances to be taken into account for this purpose may include allowances arising before a previous discontinuance:Provided that— (a)there shall be taken into account such fraction only of the allowances for the said preceding year of assessment as the part of that year beginning twelve months before the discontinuance giving rise to the claim is of a year; and (b)the allowances for any year shall not be treated as including any amounts carried forward from an earlier year. (10)The Fourth Schedule to this Act shall have effect to adapt and apply to the purposes of this section the provisions of the Income Tax Acts referred to in the Schedule. (11)Where a person occupying woodlands has elected to be charged to tax in respect thereof under Schedule D, this section shall apply to a terminal loss sustained by him in the occupation thereof as it applies to a terminal loss sustained in a trade. (12)This section shall apply where a trade, profession or vocation is permanently discontinued in the year 1954-55 or any subsequent year of assessment, and where relief falls to be given for the year 1951-52 shall apply with the necessary adaptations of references to the Income Tax Act, 1952. 19Carry forward of management expenses by life assurance and other companies The Income Tax Act, 1952, shall have effect as if in section four hundred and twenty-five (which enables life assurance and other companies to claim repayment of tax on an amount equal to the sums disbursed by the company as expenses of management) there were inserted after subsection (1) the following subsection:— “(1A)If, in the case of the year 1954-55 or any subsequent year of assessment, effect cannot be given, or cannot be fully given, to the foregoing subsection because the company has not been charged to tax for that year by deduction or otherwise, or because the sums disbursed for that year exceed the amount on which the company has been charged to tax for the year, an amount equal to the sums so disbursed, less any amount on which the company has been so charged, may be carried forward and treated for the purposes of this section as if it had been disbursed for any subsequent year of assessment: Provided that relief in respect of an amount so carried forward shall be given for the first year of assessment next following, in so far as relief can be so given in accordance with the provisions of this section in respect of that amount as well as in respect of other sums disbursed or treated as disbursed for that year, and so far as it cannot be so given, then for the next year of assessment, and so on.” 20Capital allowances (right to set against general income) (1)Subject to the provisions of this section, any claim made under section three hundred and forty-one of the Income Tax Act, 1952, for relief in respect of a loss sustained by the claimant in any trade may require the amount of the loss to be determined as if an amount equal to the capital allowances falling to be made in charging the profits or gains of the trade for the relevant year of assessment, in so far as effect cannot be so given to those allowances because of an insufficiency of profits or gains, were to be deducted in computing the profits or gains or losses of the trade in that year, and a claim may be so made notwithstanding that apart from those allowances the claimant has not sustained a loss in the trade in that year:Provided that in the case of a claim made by virtue of subsection (3) of section fifteen of the Finance Act, 1953 (which enables a loss to be carried forward for one year for the purposes of the said section three hundred and forty-one), the deduction shall be of an amount equal to the said capital allowances in so far as, by reason of an insufficiency of profits or gains, effect cannot be given to them in charging the profits or gains of the trade for the relevant year of assessment or for the following year. (2)Where on any claim made by virtue of this section relief is not given under the said section three hundred and forty-one for the full amount of the loss determined as aforesaid, the relief shall be referred as far as may be to the loss sustained by the claimant in the trade rather than to the capital allowances in respect of the trade. (3)For the purposes of this section, the capital allowances falling to be made in charging the profits or gains of the trade for the relevant year of assessment shall be treated as not including any part of the allowances for an earlier year, notwithstanding that it is carried forward to the relevant year under subsection (2) of section three hundred and twenty-three of the Income Tax Act, 1952; but effect shall be deemed to be given in charging the profits or gains of the trade to allowances carried forward from an earlier year before it is given to allowances arising in a later year. (4)Subject to the next following subsection, where for any year of assessment relief is given under the said section three hundred and forty-one by reference to any capital allowances, then for all purposes of the Income Tax Acts effect shall be deemed to have been given to those allowances up to the amount in respect of which relief is given, as if a deduction in respect thereof had been allowed in charging the profits or gains of the trade for that year, and any relief previously given for a subsequent year on the basis that effect had not been given to the allowances as aforesaid shall be adjusted, where necessary, by an additional assessment. (5)Where in any year of assessment a trade is permanently discontinued, or is treated for the purposes of section nineteen of the Finance Act, 1953, as permanently discontinued, and immediately before the discontinuance the trade was being carried on in partnership, then, notwithstanding the last foregoing subsection, for the purposes of any claim for relief made by virtue of paragraph (c) of subsection (2) of the said section nineteen or by virtue of section eighteen of this Act, and relating to that discontinuance, effect shall not be deemed to have been given either— (a)to any part of the capital allowances falling to be made in charging the profits or gains of the trade for that year by reason of relief given under the said section three hundred and forty-one by reference to those allowances; or (b)to any part of the capital allowances falling to be made in charging the profits or gains of the trade for the preceding year by reason of relief so given by reference to them, in so far as that relief must be referred to the part of the allowances apportionable to the part of the year within twelve months of the discontinuance on an apportionment made by reference to the comparative lengths of the two parts of the year;but, where the same partner claims relief both under the said section three hundred and forty-one and under one or other of the said sections nineteen and eighteen in respect of the same allowances, the total amount for which relief is to be given to him by reference thereto shall not exceed the greater of the amounts for which, apart from any deficiency of income, relief might have been given under either section separately, and the total amount for which relief is to be given to all the partners under those sections in respect of any allowances shall not in any event exceed the amount of the allowances to which effect has not been given apart from those sections. (6)Where a person claiming relief under the said section three hundred and forty-one has, since the end of the year for which the claim is made, carried on the trade in question in partnership, effect shall not be given to this section in relation to that claim, except with the written consent of, or of the personal representatives of, every other person who has been engaged in carrying on the trade between the end of that year and the making of the claim:Provided that where the claim is for a loss sustained before an event treated as the permanent discontinuance of the trade, this subsection shall not require the consent of any person as having been so engaged since that discontinuance or as the personal representative of such a person. (7)In the foregoing subsections, " capital allowances " means allowances under Parts X and XI of the Income Tax Act, 1952, and " relevant year of assessment" means, in relation to any claim under the said section three hundred and forty-one, the year of assessment in which a loss is claimed to have been sustained. (8)An election under the proviso to subsection (1) of section three hundred and twenty-four of the Income Tax Act, 1952 (which enables an allowance under Part X of that Act of a kind given by way of discharge or repayment of tax and available primarily against a specified class of income to be set off against other income of the year in which the allowance arises), may be made for the year 1954-55 or any subsequent year of assessment with respect to an allowance for the last preceding year, so far as not previously allowed, as if the allowance Were or formed part of the allowance for the year for which the election is made; and in applying that subsection as amended by this provision to any allowances, relief shall be deemed to be given in respect of an allowance carried forward from an earlier year before it is given in respect of an allowance arising in a later year. (9)This section applies, with any necessary adaptations in relation to a profession, employment or vocation and in relation to the occupation of woodlands where the profits or gains thereof are assessable under Schedule D, as it applies in relation to a trade. 21Treatment of demolition costs for purposes of capital allowances etc. (1)Where a building or structure is demolished, and the demolition gives rise, or might give rise, to a balancing allowance or charge under Chapter I of Part X to or on the person incurring the cost of demolition for a year of assessment not earlier than the year 1954-55, the net cost to him of the demolition shall be added for the purposes of that Chapter to the residue immediately before the demolition of the expenditure incurred on the construction of the property. (2)Where machinery or plant is demolished, and the demolition either gives rise, or might give rise, to a balancing allowance or charge under Chapter II of Part X for any such year to or on the person incurring the cost of demolition, or (by virtue of paragraph 2 of the Sixth Schedule to the Finance Act, 1952) affects or might affect such an allowance or charge on the permanent discontinuance of a trade, the net cost to him of the demolition shall be added for the purposes of that Chapter to the amount of the capital expenditure incurred on the provision of that machinery or plant still unallowed as at the time of the demolition or of the discontinuance, as the case may be. (3)The net cost to a person of the demolition of an asset representing expenditure of his to which Chapter III of Part X applies (if the cost is incurred in his basis period for any such year of assessment) shall be added for the purposes of that Chapter to the residue immediately before the demolition of the expenditure represented by the asset. (4)Where subsection (3) of section three hundred and thirty-seven of the Income Tax Act, 1952, has effect on the demolition of an asset representing scientific research expenditure, the cost of the demolition to the person carrying on the trade shall for the purposes of subsection (2) of section three hundred and thirty-seven of that Act (as applied by the said subsection (3)) be added to the scientific research expenditure represented by the asset. (5)The cost or net cost to a person of the demolition of any property shall not, if any of the foregoing subsections applies to it, be treated for the purposes of Part X or XI as expenditure incurred in respect of any other property by which that property is replaced. (6)Notwithstanding the last foregoing subsection, the cost of demolishing any machinery or plant which is replaced by other machinery or plant shall be treated, for the purposes of subsection (2) of section two hundred and ninety-six of the Income Tax Act, 1952 (which relates to the allowances on the replacement of obsolete machinery or plant, but applies only to machinery or plant provided before the appointed day), both as an amount expended in replacing the machinery or plant and as part of the cost of the machinery or plant replaced. (7)In this section, any reference to Part X or to Part XI is a reference to that Part of the Income Tax Act, 1952, and any reference to the net cost of the demolition of any property is a reference to the excess, if any, of the cost of the demolition over any moneys received for the remains of the property. (8)This section, so far as it relates to any Chapter of Part X or to Part XI, shall be construed as if contained in that Chapter or in Part XI, as the case may be. 22Provision for capital allowances in respect of certain land (1)In computing the profits and gains or losses for any period of a trade which consists of or includes the carrying on of a cemetery there shall be allowed as a deduction— (a)any capital expenditure incurred by the person engaged in carrying on the trade in providing any land in the cemetery sold during that period for the purpose of interments; and (b)the appropriate fraction of the residue at the end of that period of the capital expenditure defined in subsection (2) of this section. (2)The capital expenditure mentioned in paragraph (b) of the foregoing subsection is capital expenditure incurred for the purposes of the trade in question by the person engaged in carrying it on, being— (a)expenditure on any building or structure other than a dwelling-house, being a building or structure in the cemetery likely to have little or no value when the cemetery is full; and (b)expenditure incurred in providing land taken up by any such building or structure and any other land in the cemetery not suitable or adaptable for use for interments and likely to have little or no value when the cemetery is full:Provided that it does not include expenditure incurred on buildings or structures which have been destroyed before the beginning of the first period to which subsection (1) of this section applies in the case of the trade, and only includes that fraction of other expenditure incurred before that time which is equal to the number of grave-spaces which at that time were or could have been made available in the cemetery for sale divided by that number plus the number already sold. (3)For the purposes of this section— (a)the residue of any expenditure at the end of a period is the amount incurred before that time which remains after deducting— (i)any amount allowed in respect of that expenditure under paragraph (b) of subsection (1) of this section in computing the profits and gains or losses of the trade for any previous period, and (ii)if after the beginning of the first period to which subsection (1) of this section applies in the case of the trade and before the end of the period mentioned at the beginning of this subsection any asset representing that expenditure is sold or destroyed, the net proceeds of sale, or, as the case may be, any insurance money or other compensation of any description received by the person carrying on the trade in respect of the destruction and any money received by him for the remains of the asset; and (b)the appropriate fraction of the residue of any expenditure at the end of any period is that represented by the number of grave-spaces in the cemetery sold in the period divided by that number added to the number of grave-spaces which at the end of the period are or could be made available in the cemetery for sale. (4)Where in the year 1954-55 or any subsequent year of assessment there is a change in the persons engaged in carrying on a trade which consists of or includes the carrying on of a cemetery, any allowance to be made under this section to the persons carrying on the trade after the change shall, whether or not it is to be assumed for other purposes that the trade was discontinued and a new trade set up and commenced, be computed as if they had at all times been engaged in carrying on the trade, and as if everything done to or by any of their predecessors in carrying on the trade had been done to or by them, and without regard to the price paid on any sale on the occasion of any such change. (5)No expenditure shall be taken into account both under paragraph (a) and paragraph (b) of subsection (1) of this section, whether for the same or different periods. (6)This section shall apply in relation to a trade which consists of or includes the carrying on of a crematorium and in connection therewith the maintenance of memorial garden plots, as it applies in relation to a trade which consists of or includes the carrying on of a cemetery, but subject to the modifications that— (a)references to the cemetery or land in the cemetery shall be taken as references to the land which is devoted wholly to memorial garden plots; and (b)references to grave-spaces shall be taken as references to memorial garden plots; and (c)references to the sale or use of land for interments shall be taken as references to its sale or use for memorial garden plots. (7)In this section references to the sale of land include references to the sale of a right of interment in land and to the appropriation of part of a memorial garden in return for a dedication fee or similar payment, and references to capital expenditure incurred in providing land shall be taken as references to the cost of purchase and to any capital expenditure incurred in levelling or draining it or otherwise rendering it suitable for the purposes of a cemetery or memorial garden. (8)Section three hundred and thirty-two of the Income Tax Act, 1952 (which relates to expenditure which is reimbursed to a person carrying on a trade), shall apply for the purposes of this section as it applies for the purposes of Part X of that Act. 23Capital allowances etc. (amendment as to certain sales) As respects allowances and charges under Parts X and XI of the Income Tax Act, 1952, for the year 1954-55 and subsequent years of assessment, the following provisions shall have effect with respect to section three hundred and twenty-seven of and the Fourteenth Schedule to that Act (which make special provision as to the effect of sales between companies under common control and other cases):— (a)an election may not be made under paragraph 4 of the Schedule if— (i)any of the parties to the sale is not resident in the United Kingdom at the time of sale; and (ii)the circumstances are not at that time such that an allowance or charge under Part X or XI of that Act falls or might fall to be made to or on that party inconsequence of the sale;but except for that the Schedule shall have effect in relation to a sale notwithstanding that it is not fully applicable by reason of the non-residence of a party to the sale or otherwise; (b)the operation of paragraphs 3 and 4 of the Schedule shall not be restricted to cases where the property is sold at a price other than that which it would have fetched if sold in the open market (and accordingly those paragraphs shall have effect as if in paragraph (b) of sub-paragraph (1) of paragraph 3 and in paragraph (a) of sub-paragraph (1) of paragraph 4 for the words " the reference " there were substituted the words “each of the references”): Provided that paragraph (a) of this section shall not apply in the case of a sale made before the sixth day of April, nineteen hundred and fifty-four, where the property was sold at a price other than that which it would have fetched if sold in the open market. 24Consular officers and employees (1)Where a consular officer or employee in the United Kingdom of any foreign state to which this section applies— (a)is not a citizen of the United Kingdom and colonies; and (b)is not engaged in any trade, profession, vocation or employment in the United Kingdom, otherwise than as such a consular officer or employee; and (c)either is a permanent employee of that state or was not ordinarily resident in the United Kingdom immediately before he became a consular officer or employee in the United Kingdom of that state;then any income of his falling within Case IV or V of Schedule D (which relate to income from overseas property) shall be exempt from income tax, and he shall be treated as not resident in the United Kingdom for the purposes of sections one hundred and twenty and one hundred and ninety of the Income Tax Act, 1952 (which exempt certain dividends etc. of non-residents). (2)Without prejudice to section four hundred and sixty-two of the Income Tax Act, 1952 (which exempts from tax the emoluments of foreign consular officers and certain foreign consular employees), the income arising from a person's employment in the United Kingdom as a consular employee of any foreign state to which this section applies shall be exempt from income tax, except in the case of a person who is not a national of that state but is a citizen of the United Kingdom and colonies. (3)For the purposes of this section, "consular employee " includes any person employed, for the purposes of the official business of a consular officer, at any consulate or consular establishment or at any other premises used for those purposes. (4)This section shall apply to any foreign state to which Her Majesty by Order in Council directs that it shall apply for the purpose of giving effect to any consular convention or other arrangement with that state making similar provision in the case of Her Majesty's consular officers or employees in that state:Provided that any such Order in Council may limit the operation of this section in relation to any state in such manner as appears to Her Majesty to be necessary or expedient having regard to the arrangement with that state. (5)Any Order in Council under this section may be made so as to have effect from a date earlier than the making of the Order or the passing of this Act (but not earlier than the coming into force of the arrangement with regard to which it is made), may be varied or revoked by a subsequent Order in Council and may contain such transitional provisions as appear to Her Majesty to be necessary or expedient. (6)Any statutory instrument under this section shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament. 25Salaries of employees of International Wheat Council (1)So long as the seat of the International Wheat Council established by the International Wheat Agreement signed at Washington on the twenty-third day of March, nineteen hundred and forty-nine, is in the United Kingdom, an employee of the said Council who is not a citizen of the United Kingdom and colonies shall enjoy exemption from income tax in respect of any emoluments received by him as an officer or servant of the said Council. (2)This section shall be deemed to have applied to emoluments for any period since the thirty-first day of July, nineteen hundred and fifty-three (that is to say the date on which the Government of the United Kingdom ceased to be a member of the said Council). (3)This section shall be without prejudice to the powers conferred by the International Organisations (Immunities and Privileges) Act, 1950 (which relates to organisations of which the Government of the United Kingdom is a member). 26Form of Schedule A assessments etc. In the Income Tax Act, 1952, there shall be omitted— (a)subsections (2) and (3) of section thirty-four (which relate to the form of assessments under Schedules A and B and to the abstracts of particulars contained in returns made for the purposes of Schedule A); (b)in subsection (2) of section sixty-seven (which relates to the arrangements for securing the collection of tax after assessments have been made) the words " the clerk to the Commissioners shall transmit the books of assessment to the surveyor and ", and the proviso. 27Relief from first assessments on trades, etc., in Isles of Stilly Where a person is charged to income tax in the Isles of Scilly for the year 1954-55 under Case I or II of Schedule D in respect of a trade, profession or vocation not carried on by him elsewhere in the United Kingdom, and on a claim made for the purposes of this section within twelve months from the end of that year it is proved that the actual profits or gains of the trade, profession or vocation for that year are less than those by reference to which tax falls to be charged in respect of it for that year, then— (a)that person shall be entitled to such relief from income tax, other than surtax, as will reduce the amount of income tax, other than surtax, payable to the amount which would have been payable if the tax had fallen to be charged by reference to the actual profits or gains for that year; and (b)if that person is an individual or a partnership of or including individuals, any individual concerned shall be entitled to such relief from the surtax, if any, payable by him for that year as will reduce the amount of surtax so payable to the amount which would have been payable if the tax had fallen to be charged as aforesaid. Part IV Estate Duty 28Reduced rate of duty on certain business assets (1)Where a business or an interest in a business passes on a death, any estate duty chargeable on the death in respect of industrial hereditaments used in and occupied for the purposes of the business or in respect of machinery or plant so used shall (except as hereinafter provided) be charged in accordance with a scale of rates of duty representing the usual scale for the time being in force with a reduction of forty-five per cent. in each of the rates. (2)Where any shares in or debentures of a company in respect of which estate duty is chargeable on a death fall to be valued by reference to the value of the company's assets in accordance with section fifty-five of the Finance Act, 1940,— (a)the duty shall be charged in accordance with subsection (1) of this section on the relevant proportion of the net value of the shares or debentures; and (b)if the company is engaged in husbandry or forestry, the duty shall be charged at the reduced rates for the time being in force for the purposes of section twenty-three of the Finance Act, 1925, on such proportion of that net value as is attributable to the agricultural value (within the meaning of the said section twenty-three) of agricultural property occupied by the company for the purposes of that husbandry or forestry or, where the occupation is partly for those and partly for other purposes, the part of that agricultural value which ought justly to be apportioned to the occupation for those purposes. (3)The reference in paragraph (a) of subsection (2) of this section to the relevant proportion of the net value of shares or debentures refers to such part of that value as is attributable to the value of any of the following, namely:— (a)industrial hereditaments used in and occupied for the purposes of the company's business and machinery and plant so used; (b)shares in or debentures of a subsidiary of the company in so far as their value is attributable— (i)to the value of industrial hereditaments used in and occupied for the purposes of the business of that or any other subsidiary of the company, or of machinery or plant so used; or (ii)to the value of any interest a subsidiary of the company has as lessor in property let to the company by the subsidiary and consisting either of industrial hereditaments used in and occupied for the purposes of the company's business or of machinery or plant so used; (c)any interest the company has as lessor in any property let by the company to a subsidiary of it and consisting either of industrial hereditaments used in and occupied for the purposes of that subsidiary's business or of machinery or plant so used. (4)Where subsection (2) of this section applies to shares in or debentures of a company passing on a death, any interest of the deceased as lessor in industrial hereditaments used in and occupied for the purposes of the company's business or in machinery or plant so used shall, if chargeable with duty on his death, be charged in accordance with subsection (1) of this section; but save as aforesaid the said subsection (1) shall apply only to the interest of the person carrying on the business in question. (5)In the case of a company's business treated as passing on a death by virtue of section forty-six of the Finance Act, 1940, duty shall be charged in accordance with subsection (1) of this section in respect of the company's assets in so far as they fall within paragraphs (b) and (c) of subsection (3) of this section (as well as assets falling within subsection (1)). (6)The relief from estate duty conferred by this section in respect of, or by reference to the value of, machinery or plant used in any business shall, in the case of machinery or plant not used exclusively in that business, be such part only of the relief conferred apart from this subsection as appears to the Commissioners of Inland Revenue to be just and reasonable having regard to all the relevant circumstances of the case and, in particular, to the extent of any other use (whether for business purposes or not). (7)Land or premises used in a business shall be treated for the purposes of this section as an industrial hereditament if it falls to be treated as an industrial hereditament (or industrial lands and heritages) for purposes of valuation for rating or, in the case of land or premises outside Great Britain, would fall to be so treated if situated in England:Provided that, in the case of land or premises occupied and used partly for industrial purposes and partly for other purposes, the value shall be apportioned between those purposes and the land or premises shall be treated according to that apportionment as partly being and partly not being an industrial hereditament. (8)The value to be apportioned under the proviso to the last foregoing subsection is the net annual value for rating (or, in the case of land or premises outside Great Britain, a corresponding value), and subsection (2) of section four of the Rating and Valuation (Apportionment) Act, 1928, shall apply for the purposes of that proviso, but with the substitution for the reference to the net annual value not exceeding fifty pounds of a reference to the principal value not exceeding one thousand pounds and with the necessary adaptation in relation to land or premises outside Great Britain of other references to net annual value. (9)In this section, " business " does not include a business carried on in the exercise of a profession or vocation, or carried on otherwise than for gain. (10)Nothing in this section shall apply— (a)to a business for the sale of which a binding contract has been entered into, other than a sale to a company formed for the purpose of carrying it on made in consideration wholly or mainly of shares in that company; or (b)to the business of a company with respect to which a winding-up order has been made, or which has passed a resolution for voluntary winding-up (unless only with a view to a reconstruction or amalgamation), or which is otherwise in process of liquidation (unless only with that view);nor to assets used in any such business, or shares in or debentures of any such company. 29Amendments restricting Finance Act, 1940, s. 55, where deceased did not have voting control of company (1)In section fifty-five of the Finance Act, 1940 (under which snares in or debentures of a company are in certain cases to be valued for estate duty by reference to the value of the company's assets), the following provisions shall be omitted, that is to say— (a)in subsection (1), paragraphs (b) and (c), with the word " or " at the end of paragraph (a); and (b)in subsection (3), paragraph (b), with the word " or " at the end of paragraph (a) and the words " or capacity ";but in the cases dealt with by subsections (2) to (4) of this section, the said section fifty-five shall apply as if the deceased had, within five years of his death, had control of the company otherwise than in a fiduciary capacity, but shall apply only to the valuation of shares in or debentures of the company as respects which the conditions of subsection (5) of this section are satisfied. (2)The said section fifty-five shall apply as aforesaid if, during a continuous period of two years falling wholly within the five years ending with his death, the deceased had powers equivalent to control of the company. (3)The said section fifty-five shall apply as aforesaid, if during any such period as aforesaid the dividends declared by the company and the interest accruing due on debentures of the company are, as to amounts forming in the aggregate more than one-half of the total amount of the dividends and interest, to be treated by virtue of any of the provisions of sections forty-seven and forty-eight of the Finance Act, 1940, as benefits accruing to the deceased from the company, or would have fallen to be so treated if the deceased had made a transfer of property to the company. For this purpose the expression " debenture " shall have the same meaning as in subsection (4) of this section. (4)The said section fifty-five shall apply as aforesaid, if at any time during the five years ending with the death of the deceased (not being a time when some other person had control or powers equivalent to control of the company) the deceased had a beneficial interest in possession in shares in or debentures of the company, or in both, of an aggregate nominal amount representing one-half or more of the aggregate nominal amount of the shares in and debentures of the company then outstanding; but for this purpose— (a)at any time when both the deceased and another person had such an interest in the same share or debenture, the deceased's interest in it shall be treated as extending only to the same fraction of it as that interest would have been deemed for purposes of estate duty to extend to if the share or debenture had passed on his death at that time; and (b)the expression " debenture " shall not include an obligation of the company in respect of a debt incurred by it for money borrowed by way of temporary loan, if the loan was not one of a series of temporary loans by the same person and either was repaid within two years of being made or was made less than two years before the deceased's death. (5)The said section fifty-five shall apply by virtue of the foregoing subsections only to the valuation of shares in or debentures of the company as respects which one or other of the following conditions is satisfied:— (a)that immediately after the deceased's death a person having control or powers equivalent to control of the company, either alone or in conjunction with his relatives, has a beneficial interest in possession in the shares or debentures; (b)that immediately before and after the death the shares or debentures are held by the trustees of some trust who then have control of the company by virtue of shares in or debentures of the company held by them as such trustees:Provided that, in the case of shares or debentures falling to be valued on the death by virtue of a gift inter vivos made by the deceased, or by virtue of a disposition or determination (in relation to which section forty-three of the Finance Act, 1940, has effect) of an interest limited to cease on the death, the above conditions shall not apply, and the condition shall be that immediately after the death or at any previous time since the gift or since the disposition or determination, as the case may be, the donee or person becoming entitled by virtue of or upon the disposition or determination has or had control or powers equivalent to control of the company, either alone or in conjunction with his relatives. (6)Notwithstanding anything in this section, the reference in subsection (4) of section fifty-eight of the Finance Act, 1940, to a person having control of a company within the meaning of subsection (3) of section fifty-five of that Act shall continue to include a reference to a person having powers equivalent to control. 30Other amendments of, or affecting Finance Act, 1940, s. 55 (1)Where any shares or debentures falling to be valued in accordance with section fifty-five of the Finance Act, 1940, are sold within three years after the death by the persons accountable for the duty payable on the death or by the persons to whom they pass on the death, and the Commissioners of Inland Revenue are satisfied— (a)that no person concerned either as vendor or as having an interest in the proceeds of sale was a relative of any person concerned either as purchaser or as having an interest in the purchase; and (b)that the sale was made at arm's length for a price freely negotiated at the time of sale; and (c)that the price obtained for the shares or debentures on the sale, with any adjustment needed to take account of any difference in circumstances at the date of the sale and at the date of the death, was less than the value as ascertained under the said section fifty-five of the shares or debentures sold;then for the purposes of estate duty on the death that price, as so adjusted, shall be substituted for the value so ascertained as the value of the shares or debentures sold. (2)The said section fifty-five shall not apply to the valuation on a person's death of any shares or debentures comprised in a gift inter vivos made by the deceased, if it is shown to the satisfaction of the Commissioners of Inland Revenue— (a)that the shares or debentures were given absolutely to a person who was or had been in the employment of the company, or to the widow or orphan of such a person, and the donee was not a relative of the deceased; and (b)that bona fide possession of the shares or debentures was assumed by the donee immediately upon the gift and thenceforward retained to the entire exclusion of the deceased and of any benefit to him by contract or otherwise; and (c)that the donee did not have control or powers equivalent to control of the company either alone or in conjunction with his relatives immediately after the death or at any previous time since the making of the gift. (3)For the purposes of subsection (1) of section fifty of the Finance Act, 1940 (by virtue of which an allowance for a company's liabilities is to be made in valuing its assets for the purposes of section forty-six or section fifty-five of that Act), any liability of the company arising, or which may arise, after the death for taxation on income or profits shall be taken into account as if it were an actual but contingent liability at the date of the death, in so far as the liability or its amount is referable to income or profits accruing before the death, whether then realised or not; and in their estimation of any such liability for taxation charged on income or profits arising after the death the Commissioners of Inland Revenue shall take into account the extent (if any) to which the last-mentioned income or profits are likely to be insufficient to meet the liability. (4)Where any shares or debentures which fall to be valued in accordance with the said section fifty-five have also fallen to be so valued on a previous death within five years, then for the purposes of section fifteen of the Finance Act, 1914 (which provides relief from estate duty on lands and businesses in respect of quick succession), those shares and debentures shall, in relation to those deaths, be treated in the same way as an interest in land or in a business not carried on by a company, if on both deaths their value is wholly or partly attributable to the value of land of the company or any subsidiary of it or to the value of assets used by the company or any subsidiary of it in a business not consisting mainly in the holding of or dealing in investments other than land:Provided that the amount on which the reduction under the said section fifteen is to be calculated shall be limited (where necessary) to the duty on the part so attributable of the value, on which duty is payable, of the shares or debentures, and references to that part of the value shall, in the proviso to the said section fifteen, be substituted for the references to the whole value (whether in relation to the first or the second death). (5)Where a company alters its share capital by sub-dividing any shares into shares of smaller amount, or by consolidating and dividing any shares into shares of larger amount, subsections (1) and (4) of this section shall apply to shares derived by those means from shares of the same class which have fallen to be valued in accordance with the said section fifty-five on a death occurring before the alteration of share capital, as if those shares and the equivalent amount of the shares from which they were so derived were the same shares; and if a company has issued to holders of any shares other shares as fully paid bonus shares, those subsections shall apply both to the shares in respect of which the issue was made and to the shares so issued as if they were derived from the former by subdivision. 31Interpretation of and provisions supplementary to ss. 28 to 30 (1)For the purposes of this Part of this Act, except in so far as the context otherwise requires,— (a)" company " includes any body corporate, wheresoever incorporated; (b)" debenture " has the meaning assigned to it by section fifty-nine of the Finance Act, 1940; (c)" subsidiary " has the meaning assigned to it by section one hundred and fifty-four of the Companies Act, 1948; (d)" relative" means husband, wife, ancestor, lineal descendant, brother or sister; (e)a person shall be deemed to have powers equivalent to control of a company if he either has the capacity, or could by an exercise of a power exercisable by him or with his consent obtain the capacity, to exercise or to control the exercise of any of the following powers, that is to say, the powers of a board of directors or of a governing director of the company, power to nominate a majority of directors or a governing director thereof, power to veto the appointment of a director thereof, or powers of a like nature. (2)The two last foregoing sections, and this section so far as it relates thereto, shall be construed as one with section fifty-five of the Finance Act, 1940, except that subsection (5) of that section (which provides for disregarding control had by any person in a fiduciary capacity) shall not affect paragraph (b) of subsection (5) of section twenty-nine of this Act. (3)In determining, for the purposes of subsection (5) of the said section twenty-nine, or of subsection (2) of section thirty of this Act, whether a person at any time has or had control of a company, either alone or in conjunction with his relatives, or a beneficial interest in possession in any shares in or debentures of a company,— (a)where that person or a relative of his is or was at any time entitled under a trust, either alone or in conjunction with that person's relatives, to not less than nine-tenths of the income arising from any such shares or debentures, that person or the relative in question, as the case may be, shall be treated as being or having been able at that time to control the exercise by the trustees of the trust or other persons in whom those shares or debentures are or were vested of any powers attached to those shares or debentures; (b)any shares in or debentures of the company, or interests therein, which form part of a person's estate at his death shall be treated as vesting immediately on his death in the legatees or persons entitled on intestacy, without regard to the powers exercisable for the administration of the estate; (c)there shall, in so far as the Commissioners of Inland Revenue so direct, be disregarded— (i)any limited interest subsisting at the relevant time in any shares in or debentures of the company; and (ii)any voting rights exercisable by virtue of any preference shares in the company (being voting rights which the Commissioners are satisfied do not materially affect the effective control of the company's affairs). (4)References in subsection (2) of section twenty-eight and subsection (4) of section thirty of this Act to shares or debentures which fall to be valued in accordance with section fifty-five of the Finance Act, 1940, shall include shares or debentures of which the value falls ultimately to be ascertained under subsection (1) of section thirty of this Act. (5)In determining for the purposes of section twenty-eight or subsection (4) of section thirty of this Act what part of the value of any shares in or debentures of a company is attributable to the value of particular assets.— (a)the value of the shares or debentures shall be apportioned in proportion to the net value of the company's assets after allowing for liabilities other than liabilities in respect of shares in or debentures of the company; and (b)the value apportioned under this subsection to the value of any shares in or debentures of another company (being a subsidiary either of the first-mentioned company or of a company of which that company is a subsidiary) shall, where material, be similarly apportioned between the other company's assets;and subsection (1) of section fifty of the Finance Act, 1940, shall apply in relation to any allowance for liabilities to be made for the purposes of this subsection as it applies in relation to an allowance for the purposes of section fifty-five of that Act. (6)In arriving at the net value of any assets in respect of which, or by reference to the value of which, duty is to be charged at a reduced rate by virtue of the foregoing provisions of this Part of this Act, any allowance to be made for liabilities incurred for the purpose of the business which (or an interest in which) passes on the death, or of the business of the company whose assets they are, as the case may be, shall be made, as far as may be, from the value of assets used in the business other than such assets as aforesaid, except that any allowance for secured liabilities shall be made from the value of assets which are, rather than the value of assets which are not, included in the security. (7)The foregoing sections of this Part of this Act shall have effect in relation to any death occurring after the commencement of this Act. 32Extension of certain exemptions (1)The scale of rates of estate duty set out in the Seventh Schedule to the Finance Act, 1949, shall have effect, as respects deaths occurring after the commencement of this Act, with the substitution for the entries relating to estates of a principal value not exceeding five thousand pounds of the following entries:— " Principal value of estate Rate per cent. of duty Not exceeding £3,000 Nil Exceeding £3,000 and not exceeding £4,000 1 Exceeding £4,000 and not exceeding £5,000 2" " (2)For the purposes of the exemption from estate duty chargeable on property passing on the death of a surviving spouse, estate duty shall be deemed to have been paid on any property passing on the death of the other spouse, being property on which it was not payable, but would have been if the duty were payable on estates of however small a principal value; and in relation to that death the references in this subsection to estate duty shall include estate duty chargeable under the law in force in Northern Ireland. (3)Subsection (2) of this section shall apply where the second death occurs after the commencement of this Act, whether or not the first death occurred after that commencement. 33Aggregation (1)For subsection (3) of section sixteen of the Finance -Act, 1894, there shall be substituted the following subsection:— “(3)Where the property passing on the deceased's death includes any such settled property as is hereinafter mentioned, then— (a)if the other property passing on the death, exclusive of that settled property and exclusive also of any property in respect of which estate duty neither is payable on the death nor would be if the duty were payable on estates of however small a principal value, is of a net value not exceeding ten thousand pounds, it shall not be aggregated with that settled property, but shall be an estate by itself; and (b)if that other property is of a net value exceeding ten thousand pounds, the duty payable in respect of it shall not exceed the amount of the excess together with the duty which would have been so payable if the net value of the other property had been reduced rateably by the amount of the excess (but this shall not affect any reduction falling to be made under section thirteen of the Finance Act, 1914, in the duty payable on that settled property). The settled property above referred to is any settled property other than property comprised in a settlement made by the deceased or made, directly or indirectly, at his expense or out of funds provided by him, and other than property not so comprised of which he has been competent to dispose and has disposed by the exercise by his will or otherwise of a power conferred by the settlement, or which devolves on his personal representatives as assets for payment of his debts.” (2)Subject to the said subsection (3), where the property which passes on a death, but in which the deceased never had an interest, includes any policies of assurance on his life, or moneys received under such a policy, or interests in such a policy or moneys, then the rate of estate duty to be paid on any such policy, money or interest so included (hereinafter referred to as " a life insurance ") shall be determined as follows:— (a)in respect of the value of any life insurance or interest in a life insurance to which immediately after the death any one person is absolutely and indefeasibly entitled for his own benefit otherwise than by virtue of a purchase for consideration in money or money's worth (whether of that life insurance or interest or of the policy or otherwise), the rate shall be that appropriate to the value or aggregate value of that life insurance or interest and of any other life insurance or interest in a life insurance to which he is so entitled; (b)subject to the foregoing paragraph, the rate shall be that appropriate to the aggregate value of all the life insurances or, if there is only one, to the value of that life insurance:Provided that for the purposes of this subsection— (i)there shall be left out of account any life insurance in respect of which estate duty neither is payable on the death nor would be if the duty were payable on estates of however small a principal value; and (ii)where any life insurance or interest in a life insurance is immediately after the death subject to a mortgage or charge, the mortgage or charge shall be disregarded and the life insurance or interest shall be valued accordingly; and (iii)in relation to life insurances and interests therein which then form part of the unadministered estate of a deceased person this subsection shall have effect as if that person had been then living and entitled to those life insurances and interests. (3)For the purposes of paragraph (a) of the last foregoing subsection the value of any interest in a policy of assurance or moneys received under such a policy shall be arrived at by apportioning the total value of the policy or moneys according to the respective values of the interest in question and of the interest a person would have if, except for the interest in question, he were absolutely and indefeasibly entitled to the policy or moneys. (4)This section shall have effect in relation to any death occurring after the commencement of this Act. Part V Miscellaneous 34Amendments as to Sinking Funds, and as to manner of accounting for issues out of Consolidated Fund (1)No sum shall be issued under section twenty-three of the Finance Act, 1928, by way of permanent annual charge for the National Debt in the financial year ending on the thirty-first day of March, nineteen hundred and fifty-five, or any subsequent financial year. (2)Any amount applied out of revenue during any such year in redeeming or paying off any description of debt shall be deemed to be expenditure within the meaning of sections four and five of the Sinking Fund Act, 1875. (3)Any sum charged by any Act, whenever passed, on the Consolidated Fund shall be charged also on the growing produce of the Fund and shall be payable accordingly without being included in any quarterly account of the income and charge of the Fund under section twelve of the Exchequer and Audit Departments Act, 1866, and no account shall be prepared under that section for any quarter ending after the passing of this Act. (4)The Fifth Schedule to this Act shall have effect for the purpose of making amendments consequential on the abolition by subsection (1) of this section of the permanent annual charge for the National Debt. 35Short title, etc. (1)This Act may be cited as the Finance Act, 1954. (2)Part I of this Act shall be construed as one with the Customs and Excise Act, 1952. (3)Part II of this Act shall be construed as one with Part V of the Finance (No. 2) Act, 1940. (4)Part III of this Act— (a)so far as it relates to income tax, shall be construed as one with the Income Tax Acts; and (b)so far as it relates to the profits tax, shall be construed as one with Part III of the Finance Act, 1937, and the other enactments relating to the profits tax. (5)Part IV of this Act shall be construed as one with Part I of the Finance Act, 1894. (6)Nothing contained in this Act shall have effect for the purposes of the excess profits levy. (7)Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or applied by or under any other enactment, including this Act. (8)Such of the provisions of this Act as relate to matters in respect of which the Parliament of Northern Ireland has power to make laws shall not extend to Northern Ireland. (9)The enactments specified in the Sixth Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule. ### 1Use of anaesthetics in operations on animals. (1)If any operation to which this section applies is performed on any animal without the use of an anaesthetic so administered as to prevent any pain during the operation, that operation shall be deemed for the purposes of the principal Act to be an operation which is performed without due care and humanity. (2)This section applies to any operation with or without the use of instruments which involves interference with the sensitive tissues or the bone structure of an animal, other than— (a)the making of injections or extractions by means of a hollow needle; or (b)an operation included in the First Schedule to this Act. (3)The Minister of Agriculture and Fisheries and the Secretary of State, acting jointly, may, after consultation with the Royal College of Veterinary Surgeons and with such persons appearing to the Minister and Secretary of State to represent agricultural interests as may appear to the Minister and Secretary of State appropriate, by order amend any of the ages specified in paragraph 6 of the said First Schedule; and any order under this subsection— (a)shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and (b)may be varied or revoked by a subsequent order thereunder. (4)This Act shall be construed as one with the principal Act, so, however, that in this Act the expression " animal " shall not include a fowl or other bird, fish or reptile. (5)In this section, the expression " the principal Act " means— (a)in relation to England and Wales, the Protection of Animals Act, 1911; and (b)in relation to Scotland, the Protection of Animals (Scotland) Act, 1912; as amended by or under any other enactment. 2Citation, repeal, extent and commencement. (1)This Act may be cited as the Protection of Animals (Anaesthetics) Act, 1954. (2)This Act and the Acts specified in Part I of the Second Schedule to this Act may be cited together as the Protection of Animals Acts, 1911 to 1954. (3)This Act and the Acts specified in Part II of the said Second Schedule may be cited together as the Protection of Animals (Scotland) Acts, 1912 to 1954. (4)The Animals (Anaesthetics) Act, 1919, is hereby repealed. (5)This Act shall not extend to Northern Ireland; (6)This Act shall come into operation on the first day of September, nineteen hundred and fifty-four. ### 1Application of Act (1)This Act so far as relating to summary procedure shall apply to summary proceedings in respect of— (a)any offence which might prior to the passing of this Act, or which may under the provisions of this or any Act, whether passed before or after the passing of this Act, be tried in a summary manner; (b)any offence or the recovery of a penalty under any statute which does not exclude summary procedure; (c)any order ad factum pmstandum, or other order of court or warrant competent to a court of summary jurisdiction;and shall apply to procedure in all courts of summary jurisdiction in so far as they have jurisdiction in the matters aforesaid. (2)Where any statute provides for proceedings being taken under the Summary Procedure Act, 1864, the Summary Jurisdiction (Scotland) Acts, 1864 and 1881, or the Summary Jurisdiction (Scotland) Act, 1908, or under any general or local Police Act, or under any public general or local Act incorporating any section of any Act hereby repealed, or for appeal under the Summary Prosecutions Appeals (Scotland) Act, 1875, such proceedings or appeal shall be taken under this Act. (3)Nothing in this Act shall extend to any information or complaint or other proceeding under or by virtue of any statutory provision for the recovery of any rate, tax, or impost whatsoever, or shall affect any right to sue for a penalty, or to apply for an order of court or other warrant ad factum prcestandum in the Court of Session or sheriff court, but it shall not be competent to sue for penalties in the small debt court. 2Application of provisions of Criminal Procedure (Scotland) Act, 1887 The provisions of sections four to fifteen, sections fifty-eight to sixty-five and sections sixty-eight and sixty-nine of the Criminal Procedure (Scotland) Act, 1887, shall, as set out with modifications in the First Schedule to this Act, apply to proceedings under this Act. 3Jurisdiction of inferior courts of summary jurisdiction The jurisdiction and powers of all courts of summary jurisdiction, except in so far as the same may be altered or modified by any future Act shall remain as at the commencement of this Act and the justice of peace court and justices of the peace, and also any judge of police or burgh magistrate, shall, without prejudice to any other or wider powers conferred by statute, be entitled to exercise within their respective jurisdictions power on convicting of a common law offence— (a)to award imprisonment for any period not exceeding sixty days; (b)to impose a fine not exceeding ten pounds; (c)to ordain the accused (in lieu of or in addition to such imprisonment or fine) to find caution for good behaviour for any period not exceeding six months and to an amount not exceeding twenty pounds; (d)failing payment of such fine or on failure to find such caution, to award imprisonment in accordance with section forty-nine of this Act; provided always that in no case shall the total imprisonment exceed sixty days. 4Certain crimes not to be tried in inferior courts of summary jurisdiction A court of summary jurisdiction other than the sheriff court shall not have jurisdiction to try or to pronounce sentence in, but shall, to the extent and in the manner mentioned in the next succeeding section, be entitled to take cognizance of, (1)the case of any person found within the jurisdiction of such court, and brought before it accused or suspected of having committed at any place beyond the jurisdiction of such court any offence, or (2)the case of any person brought before such court accused or suspected of having committed within the jurisdiction thereof any of the following offences:— (a)murder, culpable homicide, robbery, rape, wilful fire-raising, or attempt at wilful fire-raising: (b)stouthrief, theft by housebreaking, or housebreaking with intent to steal: (c)theft, or reset of theft, to an amount exceeding: ten pounds; or theft, or reset of theft, aggravated by two previous convictions of any offence inferring, dishonest appropriation of property, or theft by opening lockfast places: (d)falsehood fraud and wilful imposition to an amount exceeding ten pounds, or falsehood fraud and wilful imposition aggravated by two previous, convictions of any offence inferring dishonest appropriation of property : (e)breach of trust and embezzlement to an-amount exceeding ten pounds, or breach of trust and embezzlement aggravated by two previous convictions of any offence inferring dishonest appropriation of property: (f)assault whereby any limb has been fractured, or assault with intent to ravish, or assault to the danger of life, or assault by stabbing: (g)uttering forged documents or uttering forged bank or banker's notes, or offences under the Acts relating to coinage:Provided that a, person who has been dismissed with an admonition or in whose case a probation order has been made without any sentence having been subsequently pronounced, shall for the purposes of (this section be deemed not to have been convicted. 5Remit to higher court or other jurisdiction If either in the preliminary investigation or in the course of the trial of any offence it shall appear that the offence is one which cannot competently be tried in the court before which an accused is brought, or is one which, in the opinion of the court in view of the circumstances of the case, should be dealt with by a higher court, it shall be lawful for the court to commit the accused to prison for examination for any period not exceeding four days, and the prosecutor shall forthwith give notice of such committal to the procurator fiscal of the district within which such offence was committed, or to such other official as may be entitled to take cognizance thereof, in order that the accused may be dealt with according to law. 6Boundaries of jurisdiction (1)An offence committed in any harbour, river, arm of the sea, or other water (tidal or other) which runs between, or forms the boundary of, the jurisdiction of two or more courts, may be tried by any one of such courts. (2)An offence committed on the boundary of the jurisdiction of two or more courts, or within the distance of five hundred yards of any such boundary, or partly within the jurisdiction of one court and partly within the jurisdiction of another court or courts, may be tried by any one of such courts. (3)Where an offence is committed on any person or in respect of any property in or upon any carriage, cart, or vehicle employed in a journey by road or railway, or on board any vessel employed in a river, lake, canal, or inland navigation, such offence may be tried by any court through whose jurisdiction such carriage, cart, vehicle, or vessel passed in the course of the journey or voyage during which the offence was committed, and, where the side, bank, centre, or other part of the road, railway, river, lake, canal, or inland navigation along which the carriage, cart, vehicle or vessel passed in the course of such journey or voyage is the boundary of the jurisdiction of two or more courts, such offence may be tried by any one of such courts. (4)Where several offences, which if committed in one county could be tried under one complaint, are alleged to have been committed in different counties, proceedings may be taken for all or any of those offences under one complaint before the sheriff of any one of such counties. (5)Where an offence is authorised by this section to be tried by any court, it may be dealt with, heard, tried, determined, 'adjudged, and punished as if the offence had been wholly committed within the jurisdiction of such court. 7Summary powers of sheriff (1)The sheriff shall, without prejudice to any other or wider powers conferred by statute, have power on summarily convicting any person of a common law offence— (a)to impose a fine not exceeding twenty-five pounds : (b)to ordain the accused to find caution for good behaviour for any period not exceeding twelve months and to an amount not exceeding twenty-five pounds, such caution being either in lieu of or in addition to a fine or in addition to imprisonment as hereafter in this section mentioned: (c)failing payment of such fine, or on failure to find such caution, to award imprisonment in accordance with section forty-nine of this Act: (d)to award imprisonment, for any period not exceeding three months. (2)The sheriff shall have a concurrent jurisdiction with every other court within his sheriffdom in regard to all offences competent for trial in such courts. 8In certain cases sentence of six months' imprisonment competent Where a person is summarily convicted by the sheriff of (a)any offence inferring dishonest appropriation of property, or attempt thereat, aggravated by at least two previous convictions of any such offence, or (b)any offence inferring personal violence aggravated by at least two previous convictions of any such offence,he may, without prejudice to any wider powers conferred by statute, be sentenced to imprisonment for any period not exceeding 'six months. 9Trial of certain offences (1)Any offence described in any statute as a "misdemeanour " or a " crime and offence " may be tried in the sheriff court either by indictment or summarily, and, if tried summarily, the imprisonment competent on conviction shall, without prejudice to any wider powers conferred by statute, not exceed three months. (2)For the removal of doubt it is hereby declared that it is competent to prosecute summarily in the sheriff court the crime of uttering a forged document. Procedure prior to Trial 10Chief constable may, in certain cases, accept bail (1)Upon the apprehension of any person charged with an offence which may be competently tried before a court of summary jurisdiction other than the sheriff court, it shall be" lawful for the chief constable, or other officer of police having charge in the absence of the chief constable at any police office or station, to accept bail or deposit, by a surety or by such person, that such person shall appear for trial before such court, or before the sheriff court, at some time and place to be specified, and at all subsequent diets of court, and to liberate the person so apprehended upon bail being found to an amount not exceeding twenty pounds or upon the deposit of any money or article of value to the amount of the bail fixed. (2)On acceptance of deposit under the last foregoing subsection the chief constable or other officer of police shall immediately enter the same in a book to be kept for the purpose, and grant an acknowledgment for the money or article so deposited, in which acknowledgment the time and place fixed for the accused's appearance shall be set forth. (3)The chief constable or other officer of police may refuse, in any such case as aforesaid, if he see cause, to accept bail or deposit; and such refusal, and the detention of the person so apprehended until his case is tried in the usual form, shall not subject the chief constable or other officer of police to any claim for damages, wrongous imprisonment, or claim of any other .kind whatsoever. (4)It shall be lawful to liberate any such person as aforesaid without bail, or to discharge him, if the chief constable or other officer deem it proper so to do. (5)If any person fails to appear in redemption of his bail or deposit under this section, it may be forfeited and warrant may be granted for his apprehension. 11Appeal to High Court against refusal of bail in summary cases (1)Where an application for bail by a person charged with an offence on complaint under this Act is refused or where the applicant is dissatisfied with the amount of bail fixed, he may appeal to the High Court and that Court may in its discretion order intimation to the prosecutor, and where an application for bail by any such person is granted, the prosecutor, if dissatisfied with the granting of bail or with the amount fixed, may appeal in like manner and, subject as hereinafter provided, the applicant shall in such case not be liberated before such appeal is disposed of. (2)Notice in writing shall be immediately given by the party appealing under this section to the other party. (3)An appeal under this section shall be disposed of by the High Court or any Lord Commisioner of Justiciary in court or in chambers after such inquiry and hearing of the parties as shall seem just. (4)When an appeal is taken by the prosecutor under this section either against the grant of bail or against the amount fixed, the applicant to whom bail has been granted, shall, if the bail fixed shall have been found by him, be liberated after seventy-two hours, or where the place of application is in the Outer Hebrides or in Orkney or Zetland, ninety-six hours, from the granting of the application, whether the appeal be disposed of or not, unless the High Court shall grant order for his further detention in custody. In computing the aforesaid periods, Sundays and public holidays whether general or court holidays shall be excluded. (5)Notice by telegraph to the governor of the prison of the issue under the last foregoing subsection of an order within the time aforesaid bearing to be sent by the Clerk of Justiciary or the Crown Agent or, if the complaint is brought in a court other than the sheriff court, by the prosecutor shall be sufficient warrant for the detention of the applicant pending the arrival of the order in due course of post. (6)Where an appeal under this section by the prosecutor is refused, the High Court may award expenses against him, but no court or other fees shall be exigible from, and no expenses shall be awarded against, an applicant in respect of his application or of any appeal therein. 12Intimation to solicitor In any proceedings under this Act the accused, if apprehended, shall immediately on apprehension be entitled, if he so desires, to have intimation sent to a solicitor, and to have a private interview with such solicitor prior to being brought before the court. 13Forms of procedure (1)The forms of procedure under this Act shall be in accordance as nearly as may be with the forms contained in the Second Schedule to this Act. (2)Warrants of apprehension and search shall be signed by the judge granting the same, but all other warrants, orders of court, and sentences may be signed either by the judge or by the clerk of court, and execution upon any warrant, order of court, or sentence may proceed either upon such warrant, order of court, or sentence itself or upon an extract thereof issued and signed by the clerk of court. (3)Where, as preliminary to any procedure, a sworn information is required, such information may be sworn to before any judge, whether the subsequent procedure be in his court or another court. 14Incidental applications Where prior to the presentation of a complaint it is necessary to apply to a court for any warrant or order of court as incidental to subsequent proceedings by complaint, or where a court has power to grant any warrant or order of court, although no subsequent proceedings by complaint may follow thereon, such application may be by petition at the instance of a prosecutor in the form, as nearly as may be, of the form contained in Part I of the Second Schedule to this Act, and, where necessary for the execution of any such warrant or order of court, warrant to break open lockfast places shall be implied. 15Complaint (1)All proceedings under this Act for the trial of offences or recovery of penalties shall be instituted by complaint in the form as nearly as may be of the form contained in Part II of the Second Schedule to this Act. (2)Such complaint shall be signed by the prosecutor or by any solicitor on behalf of a prosecutor other than the public prosecutor of a court. (3)A solicitor may appear for and conduct any prosecution on behalf of a prosecutor other than the public prosecutor of a court. (4)A complaint at the instance of a private prosecutor for an offence at common law or for a statutory offence where imprisonment without the option of a fine is competent shall, unless otherwise provided in any statute, require the concurrence of the public prosecutor of the court in which the complaint is brought. (5)Where a complaint includes any statutory charge a notice in the form, as nearly as may be, of Form No. 1 of Part III of the Second Schedule to this Act shall be served on the accused with the complaint when he is cited to a diet, and where he is in custody the complaint and such a notice shall be served on him before he is asked to plead, and a copy of any notice so served shall, where the judge is satisfied that the charge is proved, be laid before him by the prosecutor, and shall be entered in the record of the proceedings. 16Form of the charge in complaint The charge in a complaint under this Act shall be stated in the form, as nearly as may be, of the appropriate form contained in Part II of the Second Schedule to this Act. No further specification shall be required than a specification similar to that given in that form and— (a)the description of any offence in the words of the statute or order contravened, or in similar words, shall be sufficient; (b)the statement that an act was done contrary to a statute or order shall imply a statement that the statute or order applied to the circumstances existing at the time and place of the offence, that the accused was a person bound to observe the same, that any necessary preliminary procedure had been duly gone through, and that all the circumstances necessary to a contravention existed; in the case of the contravention of an order, such statement shall imply a statement that the order was duly made, confirmed;, published, and generally made effectual according to the law applicable, and was in force at the time and place in question ; (c)where the offence is created by more than one section of one or more statutes or orders, it shall be necessary to specify only the leading section or one of the leading sections; (d)any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany in the same section the description of the offence in the statute or order creating the offence, may be proved by the accused, but need not be specified or negatived in the complaint, and no proof in relation to such exception, exemption, proviso, excuse, or qualification shall be required on behalf of the prosecution; (e)it shall be competent to include in one complaint both common law and statutory charges ; (f)where an offence is alleged to be committed in any special capacity, as by the holder of a licence, master of a vessel, occupier of a house, or the like, the fact that the accused possesses the qualification necessary to the commission of the offence shall, unless challenged by preliminary objection before his plea is recorded, be held as admitted ; (g)in any proceedings under the Merchant Shipping Acts it shall not be necessary to produce the official register of the ship referred to in the proceedings in order to prove the nationality of the ship, but the nationality of the ship as stated in the complaint shall, in the absence of evidence to the contrary, be presumed ; (h)in offences inferring dishonest appropriation of property brought before a court whose power to deal with such offences is limited to cases in which the value of such property does not exceed ten pounds, it shall be assumed, and it shall not be necessary to state in the charge, that the value of the property does not exceed that sum. 17Orders of court on complaint (1)On any complaint under this Act being laid before a judge of the court in which the complaint is brought, he shall have power on the motion of the prosecutor— (a)to pronounce an order of court assigning a diet for the disposal of the case to which the accused may be cited as after mentioned : (b)to grant warrant to apprehend the accused where this appears to the judge expedient: (c)to grant warrant to search the person, dwelling-house, and repositories of the accused and any place where he may be found for any documents, articles, or property likely to afford evidence of his guilt of, or guilty participation in, any offence charged in the complaint, and to take possession of such documents, articles or property: (d)to grant any other order of court or warrant or interim order of court or warrant which may be competent in the circumstances. (2)The power under the last foregoing subsection to grant a warrant to apprehend the accused shall be exercisable notwithstanding that there is power whether at common law or under any Act to apprehend him without a warrant. (3) Where a diet has been fixed in a summary prosecution, it shall be competent for the court, on a joint application in writing by the parties or their solicitors, to discharge the diet so fixed and fix in lieu thereof an earlier or a later diet. 18Citation (1)This Act shall be a sufficient warrant for the citation of the accused and witnesses in a summary prosecution to any ordinary sitting of the court or to any special diet fixed by the court or any adjournment thereof. (2)Such citation shall be in the form, as nearly as may be, of the appropriate form contained in Part IV of the Second Schedule to this Act, and shall in the case of the accused proceed on an induciae of at least forty-eight hours unless in the special circumstances of the case the court fixes a shorter induciae. (3)It shall be deemed a legal citation of the accused or a witness— (a)if the citation be delivered to him personally or left for him at his dwelling-house or place of business with some person resident or employed therein, or where he has no known dwelling-house or place of business, at any other place in which he may, at the time being, be resident, or (b)where the accused or witness is the master of, or a seaman or person employed in, a vessel, if the citation is left with a person on board thereof and connected therewith, or (c)where the accused is a company, association or corporation, if the citation is left at their ordinary place of business with a partner, director, secretary or other official, or if the company, association or corporation is cited in the same manner as if the proceedings were in a civil court, or (d)where the accused is a body of trustees, if the citation is left with any one of them who is resident in Scotland or with their known solicitor in Scotland. (4)The foregoing provisions of this section as to the citation of witnesses shall apply to the citation of witnesses for precognition by the procurator fiscal or burgh prosecutor where a judge on the application of such procurator fiscal or burgh prosecutor shall deem it expedient to grant warrant to cite witnesses for precognition in regard to any offence which may be competently tried in the court of that judge, and whether or not any person has at the time of such application been charged with such offence. 19Apprehension of witness Where a witness after being duly cited fails to appear at the diet fixed for his attendance and no just excuse is offered on his behalf, the court may issue a warrant for his apprehension; or the court, if satisfied by evidence on oath that a witness is not likely to attend to give evidence without being compelled so to do, may issue a warrant for his apprehension in the first instance. 20Warrants of apprehension and search (1)A warrant of apprehension or search may be in the form, as nearly as may be, of the appropriate form contained in Part IV of the Second Schedule to this Act, and any such warrant shall, where it is necessary for its execution, imply warrant to officers of law to break open shut and lockfast places. (2)A warrant of apprehension of an accused person in such form as aforesaid shall imply warrant to officers of law to search for and to apprehend the accused, and to bring him before the court issuing the warrant, or before any other court competent to deal with the case, to answer to the charge on which such warrant is granted, and, in the meantime, until he can be so brought, to detain him in a police station house, police cell, or other convenient place. (3)A person apprehended under any such warrant as aforesaid or by virtue of the powers possessed at common law, or conferred by statute, shall wherever practicable be brought before a court competent to deal with the case either by way of trial or by way of remit to another court not later than in the course of the first lawful day after such person shall be taken into custody, such day not being a public or local holiday. (4)A warrant of apprehension or other warrant shall not be required for the purpose of bringing before the court an accused person who has been apprehended without a written warrant or who attends without apprehension in answer to any charge made against him. (5)A warrant of apprehension of a witness in the appropriate form shall imply warrant to officers of law to search for and apprehend the witness, and to detain him in a police station house, police cell, or other convenient place, until the date fixed for the hearing of the case, unless sufficient security be found to the amount fixed in the warrant for the appearance of such witness at all diets of court 21Adjournment for inquiry, etc. A court of summary jurisdiction, in order to allow time for inquiry into any case, or' for any other necessary cause, and without calling on the accused to plead to any charge against him, may from time to time continue the case for such reasonable time as may in the circumstances be necessary, not exceeding in all a period of seven days, or on special cause shown fourteen days, from the date of the apprehension of the accused, and may liberate him on bail or commit him to prison, either without bail or with bail to an amount fixed by the court: Provided that no judge shall be entitled to allow bail in a case which he is not competent to try. 22Service of complaints, etc., in and outwith Scotland Any complaint, warrant, or other proceeding under this Act may without endorsation be served or executed at any place within Scotland by any officer of law, and such service or execution may be proved either by the oath in court of such officer or by production of his written execution. Service or execution out of Scotland shall be regulated by the Indictable Offences Act, 1848, the Indictable Offences Act Amendment Act. 1868, and the Summary Jurisdiction (Process) Act. 1881, and any warrant, order of court, or process to which those Acts apply may, if duly endorsed with a view to service or execution in Scotland, be so served or executed by any officer of law. The Indictable Offences Act, 1848, and the Indictable Offences Act Amendment Act, 1868, shall, for the purposes of this Act, apply to all offences which may be tried by the court issuing any competent warrant, order of court, or other process. 23Limitation of time for proceedings in statutory offences (1)Proceedings under this Act in respect of the contravention of any statute or order shall, unless the statute or order under which the proceedings are brought fixes any other period, be commenced within six months after the contravention occurred, and, in the case of a continuous contravention, within six months after the last date of such contravention, and it shall be competent in such case in any prosecution to include the entire period during which the contravention has occurred.. (2)For the purposes of this section proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay. 24Public prosecutor's power to recover penalties (1)All penalties, for the recovery of which in Scotland no special provision has been made by statute or order, may be recovered by the public prosecutor in any court having jurisdiction. (2)Where a court has power to take cognisance of an offence the penalty attached to which is not defined, the punishment therefor shall be regulated by that applicable to common law offences in that court. 25Offences by companies, etc. With regard to the summary prosecution of offences committed by a company, association, incorporation, or body of trustees, the following provisions shall, without prejudice to any other or wider powers conferred by statute, apply:— (a)proceedings may be taken against the company, association, incorporation, or body of trustees, in their corporate capacity, and in that event any penalty imposed shall be recovered by civil diligence in manner hereinafter provided; or (b)proceedings may be taken against an individual representative of such company, association, or incorporation, as follows:— (i)in the case of an ordinary company or firm, any one of the partners thereof, or the manager or the person in charge or locally in charge of the affairs thereof, may be dealt with as if he was the person offending; (ii)in the case of an association, incorporation, or incorporated company, the managing director or the secretary, or other principal officer thereof, or the person in charge, or locally in charge, of the affairs thereof, may be dealt with as if he was the person offending; (iii)the offence shall be deemed to be the offence of such company, association, or incorporation, and a conviction thereof may be libelled as an aggravation of any subsequent offence of the same nature by the same company, association, or incorporation, although the individuals charged and convicted are different. Procedure at Trial 26First diet, objections to complaint and pleas in absence of accused (1)Where the accused is present at the first calling of the case in a summary prosecution, and (a)the complaint has been served on him, or (b)the complaint or the substance thereof has been read to him, or (c)he has legal assistance in his defence he shall be asked to plead in common form, and he may, prior to pleading, state objections to the competency or relevancy of the complaint or the proceedings and no such objections shall be allowed to be stated at any future diet in the case except with the leave of the court, which may be granted only on cause shown. (2)Objections to the competency or relevancy of a summary complaint or the proceedings thereon may, in the absence of the accused, be stated by counsel or by a solicitor on his behalf, and where such objections are so stated the provisions of this Act shall apply in like manner as if the accused had appeared and stated the objections. (3)Where the accused is not present at a calling of the case in a summary prosecution and either (a)the prosecutor produces to the court written intimation that the accused pleads not guilty or pleads guilty and the court is satisfied that such written intimation has been made or authorised by the accused, or (b)a solicitor, or a person not being a solicitor who satisfies the court that he is authorised by the accused, appears on behalf of the accused and tenders a plea of not guilty or a plea of guilty,then (i)in the case of a plea of not guilty, the provisions of this Act except paragraph (a) of section twenty-nine shall apply in like manner as if the accused had appeared and tendered the plea, and (ii)in the case of a plea of guilty, the court may, if the prosecutor accepts the plea, proceed to hear and dispose of the case in the absence of the accused in like manner as if he had appeared and pled guilty, or may, if it thinks fit, continue the case to another diet and require the attendance of the accused with a view to pronouncing sentence in his presence. (4)Where in pursuance of paragraph (ii) of the last foregoing subsection the court proceeds to hear and dispose of a case in the absence of the accused, it shall not pronounce a sentence of imprisonment or of Borstal training or of detention in a detention centre, remand centre, approved school or remand home. (5)In this section a reference to a plea of guilty shall include a reference to a plea of guilty to a part only of the charge:Provided that where such a plea is not accepted by the prosecutor it shall be deemed to be a plea of not guilty. (6)It shall not be competent for any person appearing to answer a complaint or for a solicitor appearing for the accused in his absence to plead want of due citation or informality therein or in the execution thereof. 27Amendment of complaint (1)It shall be competent at any time prior to the determination of a summary prosecution unless the court sees just cause to the contrary to amend the complaint or any notice of penalty or previous conviction relative thereto by deletion, alteration or addition, so as to cure any error or defect therein or to meet any objection thereto, or to cure any discrepancy or variance between the complaint or notice and the evidence. (2)Nothing in this section shall authorise an amendment which changes the character of the offence charged, and if the court shall be of opinion that the accused may in any way be prejudiced in his defence on the merits of the case by any amendment made under this section, the court shall grant such remedy to the accused by adjournment or otherwise as it shall think just. (3)An amendment made under this section shall be sufficiently authenticated by the initials of the clerk of court. 28Plea of guilty Where the accused in a summary prosecution pleads guilty to the charge or to any part thereof, and his plea is accepted by the prosecutor, the plea shall be recorded and signed by the judge or clerk of court, and the court shall thereafter dispose of the case at the same or any adjourned diet. The plea and sentence may be combined, in which case one signature shall be sufficient to authenticate both. 29Plea of not guilty Where the accused in a summary prosecution pleads not guilty to the charge or guilty to part only thereof, and the prosecutor does not accept such partial plea, the following provisions shall apply:— (a)the court may proceed to trial at once unless either party moves for an adjournment and the court shall adjudge it expedient to grant it; or (b)the court may adjourn the case for trial to as early a diet as is consistent with the just interests of both panties, in which case the prosecutor shall, if requested by the accused, furnish him with a copy of the complaint if he has not already got one ; (c)where the accused is brought before the court by apprehension he shall be entitled to an adjournment of the case for not less than forty-eight hours, if the request for such adjournment is made before the prosecutor has commenced his proof, and the court shall inform the accused of his right to such adjournment:Provided that the case may proceed to trial at once or on a shorter adjournment than forty-eight hours if the court considers this is necessary to secure the examination of witnesses who otherwise would not be available; (d)where the accused is in custody, he may be committed to prison or to legalised police cells or to any other place to which he may lawfully be committed pending trial either without bail or until he finds sufficient bail to appear at such adjourned diet and at all future diets of the case, and the amount of such bail shall be. fixed in the minute of adjournment; or (e)the court may in any case where it shall judge it expedient, and whether or not the accused is in custody, instead of fixing bail as aforesaid, appoint the accused to attend at such adjourned diet under a penalty, not exceeding ten pounds, in case he shall fail to appear; (f)the court may from time to time, and at any stage of the case, on the motion of either party, or ex proprio motu, grant such adjournments as may be necessary for the proper conduct of the case, and where from any cause a diet has to be continued from day to day it shall not be necessary to intimate such continuation to the accused: (g)it shall not be necessary for the prosecutor to establish a charge or part of a charge to which the accused pleads guilty: (h)the court may, in any case where it considers such a course expedient, permit any witness for the defence to be examined prior to evidence for the prosecution having been led or concluded, but in any such case the accused shall be entitled to lead additional evidence after the case for the prosecution is closed. 30Failure of accused to appear Where the accused in a summary prosecution fails to appear at any diet of which he has received intimation, or to which he has been cited, the following provisions shall apply:— (a)the court may adjourn the trial to another diet, and order the accused to attend at such diet, and appoint intimation thereof to be made to him, which intimation shall be sufficiently given by an officer of law, or by registered letter signed by the prosecutor and sent by post to the accused at his last known address, and the production in court of the written execution of such officer or of the post office receipt for such registered letter shall be sufficient evidence of such intimation having been duly given ; (b)where the accused is charged with any statutory offence for which a sentence of imprisonment cannot be imposed in the first instance, or where the statute founded on or conferring jurisdiction authorises procedure in the absence of the accused, the court may, on the motion of the prosecutor and upon proof that the accused has been duly cited, or has received due intimation of the diet where such intimation has been ordered, proceed to hear and dispose of the case in the absence of the accused. Unless the statute founded on authorises conviction in default of appearance, proof of the complaint must be led to the satisfaction of the court. The court in any case to which this paragraph applies may, if it shall judge it expedient, allow any solicitor who satisfies the court that he has authority from the accused so to do, to appear and plead for and defend him; (c)the court may grant warrant to apprehend the accused ; (d)the court may, on the motion of the prosecutor, forfeit any bail deposited or found for the appearance of the accused, or. where the accused has been ordered to attend under a penalty, may declare such penalty to be forfeited, and such bail or penalty may, where necessary, be recovered in the manner provided in section fifty-one of this Act, and in addition to such forfeiture the court may grant warrant to apprehend the accused. 31Previous convictions (1)Where the accused in a summary prosecution has been previously convicted of any offence forming an aggravation of any offence libelled in the complaint the following provisions shall have effect:— (a)a notice in the form, as nearly as may be, of Form No. 2 or Form No. 3 of Part III of the Second Schedule to this Act setting forth the previous conviction shall be served on the accused with the complaint where he is cited to a diet and where he is in custody, the complaint and such a notice shall be served on him before he is asked to plead; (b)the previous conviction shall not be laid before the judge until he is satisfied that the charge is proved; (c)if a plea of guilty is tendered or if, after a plea of not guilty, the accused is convicted the prosecutor shall lay the notice referred to in paragraph (d) of this subsection before the judge, and the judge or the clerk of court shall ask the accused whether he admits the previous conviction, and if such admission is made it shall be entered in the record of the proceedings; (d)it shall not be necessary for the prosecutor to produce extracts of any previous convictions so admitted; (e)where the accused does not admit any such previous conviction, the prosecutor unless he withdraws the conviction shall adduce evidence in proof thereof either then or at any other diet; (f)a copy of any notice served on the accused under this subsection shall be entered in the record of the proceedings. (2)A conviction, or an extract conviction of any offence committed in any part of the United Kingdom, bearing to be under the hand of the officer in use to give out such extract conviction, shall be received in evidence without being sworn to by witnesses. An official of any prison in which the accused may have been confined on such conviction shall be a competent and sufficient witness to prove the application thereof to the accused, although such official may not have been present in court at the trial to which such conviction relates. This provision shall be without prejudice to any other competent mode of proving a conviction and the application thereof to the accused. (3)Where in any court a book of record is kept of the convictions in the court containing the like particulars as are inserted in an extract conviction, and where at the end of each day's proceedings the entries in such book are certified as correct by the judge or clerk of court, such entries shall, in any proceeding in that court, be accepted as evidence of such convictions. (4)Where the accused in a summary prosecution is convicted of any offence and also of any aggravation by previous conviction, and is again accused of any offence in regard to which such conviction may be competently used as an aggravation, the production of the prior conviction, or an extract thereof, setting forth the particulars of the previous convictions therein libelled, shall be admissible and sufficient evidence to prove against the accused all the previous convictions and aggravations therein set forth. (5)A previous conviction of an offence under any statute or order may be libelled as an aggravation in any subsequent charge for the same kind of offence or any analogous offence, and a conviction in any part of the United Kingdom of any offence inferring dishonesty may be libelled as an aggravation of any offence inferring dishonest appropriation of property or attempt thereat, and a conviction of any offence inferring disorderly conduct or a ''breach of public order may be libelled as an aggravation of any other offence inferring disorderly conduct or a breach of public order. (6)Nothing in this section shall prevent evidence of previous convictions being led in causa where such evidence is competent in support of a substantive charge. 32Alibi It shall not be competent for the accused in a summary prosecution to found on a plea of alibi, unless he gives, prior to the examination of the first witness for the prosecution, notice to the prosecutor, of the plea with particulars as to time and place and of the witnesses by whom it is proposed to prove it. The prosecutor, on such notice being given, shall be entitled, if he so desires, to an adjournment of the case. 33Punishment of witnesses for contempt (1)If a witness in a summary prosecution shall wilfully fail to attend after being duly cited, or unlawfully refuse to be sworn, or after the oath has been administered to him refuse to answer any question which the court may allow, or to produce documents in his possession when required by the court, or shall prevaricate in his evidence, he shall be deemed guilty of contempt of court and be liable to be summarily punished forthwith for such contempt by a fine not exceeding three pounds or by imprisonment for any period not exceeding twenty days. (2)Where such punishment as aforesaid is summarily imposed, the clerk of court shall enter in the record of the proceedings the act or acts constituting the contempt or the statements forming the prevarication. (3)The foregoing provisions of this section shall be without prejudice to the prosecutor proceeding by way of formal complaint for any such contempt where such summary punishment, as above mentioned, is not imposed. (4)Any witness who, after being duly cited in accordance with section eighteen of this Act, (a)fails, without reasonable excuse, after receiving at least twenty-four hours' notice, to attend for precognition by a procurator fiscal or burgh prosecutor at the time and place mentioned in the citation served on him, or (b)refuses when so cited to give information within his knowledge regarding any matter relative to the commission of the offence in relation to which such precognition is taken,shall be liable to the like punishment as is provided in the foregoing provisions of this section. 34Administration of oath to same witness in cases at same diet Where a witness in a summary prosecution is examined on oath in a case in which the accused is charged with an offence under any statute, and where the same witness is examined at the same diet in subsequent cases against the same or different persons accused of offences under the same statute, it shall not be necessary for the judge to administer the oath to the witness in the subsequent cases, but it shall be sufficient that the judge shall remind him in each case that he is still on oath. 35Proof of official documents (1)Any letter, minute, or other official document issuing from the office or in the custody of any of the departments of state or government in the United Kingdom the production of which in evidence is required in any summary prosecution, and which according to the rules and regulations applicable to such departments may be competently produced, shall, when produced, be received as prima facie evidence of the matters contained in it without being produced or sworn to by any witness, and a copy thereof bearing to be certified by any person having authority to certify the same shall be treated as equivalent to the original, and no proof of the signature of the person certifying such copy, or of his authority to certify it, shall be necessary. (2)Any order by any of the departments of state or government or any local authority or public body made under powers conferred by any statute, or a print or copy of such order, shall when produced in a summary prosecution be received in evidence of the due making, confirmation, and existence of such order without being sworn to by any witness and without any further or other proof, but without prejudice to any right competent to the accused to challenge any such order as being ultra vires of the authority making it or on any other competent ground, and where any such order is referred to in the complaint it shall not be necessary to enter it in the record of the proceedings as a documentary production. (3)The provisions contained in this section shall be deemed to be in addition to, and not in derogation of, any powers of proving documents conferred by statute, or existing at common law. 36Admissions by parties (1)It shall not be necessary in any summary prosecution, for either party to lead proof of any fact which is admitted by the opposite party, or to prove any documents the terms and application of which are not in dispute, and copies of any documents may, by agreement of the parties, be accepted as equivalent to the originals:Provided that this subsection shall not apply unless the accused has legal assistance in his defence. (2)Admissions or agreements under the last foregoing subsection may be made by lodging with the clerk of court a minute signed by the person or persons making the same or by his or their counsel or solicitor, and any facts and documents so admitted or agreed shall be accepted as if they had been duly proved. 37Judges equally divided In a summary prosecution in a court consisting of more than one judge, if the judges are equally divided in opinion as to the guilt of the accused, the accused shall be found not guilty of the charge or part thereof on which such division of opinion exists. 38Record Proceedings in a summary prosecution shall be conducted summarily viva voce, and, except where otherwise provided, no record need be kept of the proceedings other than the complaint, the plea, a note of any documentary evidence produced, and the conviction and sentence or other finding of the court: Provided that any objections taken to the competency or relevancy of the complaint or proceedings, or to the competency or admissibility of evidence, shall, if either party desires it, be entered in the record of the proceedings. 39Proceedings written or printed Proceedings in a summary prosecution may be either in writing or printed, or may be partly written and partly printed, and all forms bearing reference to any antecedent form may be either on the same sheet of paper therewith or on a separate sheet attached to it. Conviction and Sentence Fines 40Power to mitigate penalties In a summary prosecution for the contravention of any statute or order, where such contravention involves any of the following punishments, viz., imprisonment, the imposition of a fine, the finding of caution for good behaviour or otherwise, either singly or in combination with imprisonment or fine, the court shall have in addition to any other powers conferred by Act of Parliament the following powers, viz.:— (a)to reduce the period of imprisonment: (b)to substitute a fine not exceeding twenty-five pounds for imprisonment, either with or without caution for good behaviour, not exceeding the amount and the period competent under this Act: (c)to substitute the finding of caution as provided for in this Act for a fine or imprisonment. (d)to reduce the amount of any fine: (e)to dispense with the finding of caution:Provided that, (i)where any Act carries into effect a treaty, convention, or agreement with a foreign state, and such treaty, convention, or agreement stipulates for a fine of minimum amount the court shall not be entitled by virtue of this section to reduce the amount of such fine below that minimum amount; (ii)this section shall not apply to proceedings taken under any Act relating to any of Her Majesty's regular or auxiliary forces. 41Provisions as to fines (1)A court of summary jurisdiction in determining the amount of any fine to be imposed on an offender shall take into consideration, amongst other things, the means of the offender so far as known to the court. (2)Where a court of summary jurisdiction imposes a fine on an offender, the court may order him to be searched, and any money found on him on apprehension or when so searched or when taken to prison or to a detention centre in default of payment of the fine, may, unless the court otherwise directs, be applied towards payment of the fine, and the surplus if any shall be returned to him:Provided that the money shall not be so applied if the court is satisfied that it does not belong to the person on whom it was found or that the loss of the money will be more injurious to his family than his imprisonment or detention. 42Time for payment of fine (1)A court of summary jurisdiction may allow time for the payment of any fine imposed by it on an offender or for the finding of caution by an offender, and shall allow time for payment of such fine, unless it is satisfied that the offender is possessed of sufficient means to enable him to pay the fine forthwith, or unless, on being asked by the court, whether he desires that time should be allowed for payment, he does not express any such desire or fails to satisfy the court that he has a fixed residence or unless the court is satisfied, for any other special reason, that no time should be allowed. (2)Where an offender on whom a fine has been imposed by a court of summary jurisdiction desires to be allowed time for payment, the court, in deciding what time shall be allowed shall consider any representation by the offender and the time allowed shall not be less than seven clear days:Provided that, if before the expiration of the time allowed the offender surrenders himself to the court and states that he prefers immediate imprisonment to awaiting the expiration of the time allowed, the court may authorise the clerk of court to issue forthwith an extract of the finding and sentence in the form, as nearly as may be, of the appropriate form contained in Part V of the Second Schedule to this Act. (3)Where an offender allowed time for payment as aforesaid appears to the court to be not less than sixteen and not more than twenty-one years of age, the court may, if it thinks fit and subject to any rules made under this Act, order that the offender be placed under the supervision of such person as may be appointed by the court until the fine is paid, and in any such case, the clerk of court, before issuing an extract of the finding and sentence, shall again lay the complaint before the court and the court shall consider any report as to the conduct and means of the offender which may be made by the person under whose supervision the offender has been placed. (4)Where time is not allowed for payment of a fine imposed by a court of summary jurisdiction the reasons of the court shall be stated in the finding and sentence. (5)Where time has been allowed for payment of a fine imposed by a court of summary jurisdiction, the court may, subject to any rules made under this Act, on an application by or on behalf of the offender, and after giving the prosecutor an opportunity of being heard, allow further time for payment. 43Payment of fine by instalments (1)Where a court of summary jurisdiction imposes a fine on a person convicted of an offence, the court may, either at the same or at any subsequent time, order payment of the fine by instalments of such amounts, and at such times, as it may think fit, and where any instalment is not paid by the time so ordered, the accused shall be liable to imprisonment for such period as bears to the period appropriate to the total amount of the fine the same proportion, as nearly as may be, as the sum of the unpaid instalments bears to that amount. In this subsection the expression "period appropriate to the total amount of the fine " means the period specified by the court in default of payment of the fine or if no such period is specified, the maximum period applicable to a fine of that amount in pursuance of section forty-nine of this Act. (2)In the application of section forty-five of this Act to any person imprisoned in default of payment of any instalment of a fine, the sum of the unpaid instalments shall be deemed to be the fine. 44Transfer of jurisdiction as to person fined (1)Where a court of summary jurisdiction has imposed a fine on a person convicted of an offence and it appears to the court that he is resident in a place outside the jurisdiction of the court and within the jurisdiction of some other court of summary jurisdiction, the first-mentioned court may, if it appears in the circumstances expedient to do so, make with respect to such fine an order for the purposes of this section (hereinafter referred to as a " transfer of fine order "). (2)A transfer of fine order shall specify the court within whose jurisdiction the accused is resident, and shall be in such form as may be prescribed by Act of Adjournal. (3)A transfer of fine order shall not be made except on the application of the person on whom the fine was imposed, and any such application may be made either in open court by that person or by a solicitor or a person, not being a solicitor, who satisfies the court that he is authorised by the accused so to do, or in writing addressed to the clerk of the court. (4)As from the date on which a transfer of fine order is made with respect to any fine, all functions in relation thereto which, if the order had not been made, would have been exercisable under any enactment (including this Act) by the court which imposed the fine or by the clerk of such court shall be exercisable by the court specified in the order or by the clerk thereof, as the case may be, and not otherwise:Provided that any payment received by virtue of a transfer of fine order by the clerk of the court specified therein shall be forthwith transmitted by him to the clerk of the court which imposed the fine. (5)Where it appears to the court specified in a transfer of fine order that the person on whom the fine was imposed is resident in a place outside the jurisdiction of such court and within the jurisdiction of some other court of summary jurisdiction, the court so specified may make a further transfer of fine order with respect to such fine and shall cause a copy thereof to be sent to the clerk of the court which imposed the fine. (6)The court to be specified in a transfer of fine order shall, in any case where the fine was imposed by the sheriff court, be a sheriff court. 45Payment of fine in part by prisoner (1)Where a person committed to prison for failure to pay a fine imposed by a court of summary jurisdiction pays to the governor of the prison under conditions prescribed by rules made under the Prisons (Scotland) Act. 1952, any sum in part satisfaction of the fine, the term of imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which the prisoner is sentenced as the sum so paid bears to the total amount of the fine. (2)In this section references to a prison and to the governor thereof shall include respectively references to legalised police cells, and to an officer in charge thereof. (3)Provision may be made by Act of Adjournal for the application of sums paid under this section and for any matter incidental thereto. Imprisonment, etc. 46Detention in precincts of court Where a court of summary jurisdiction has power to impose imprisonment on an offender it may, in lieu of so doing, order that the offender be detained within the precincts of the court or at any police station, till such hour, not later than eight in the evening on the day on which he is convicted, as the court may direct: Provided that before making an order under this section a court shall take into consideration the distance between the proposed place of detention and the offender's residence (if known to, or ascertainable by, the court), and shall not make any such order under this section as would deprive the offender of a reasonable opportunity of returning to his residence on the day on which the order is made. 47Police custody in lieu of imprisonment (1)No person shall be sentenced to imprisonment by a court of summary jurisdiction for a period of less than five days. (2)Where a court of summary jurisdiction has power to impose imprisonment on an offender, it may, if any suitable place provided and. certified as hereinafter mentioned is available for the purpose, sentence the offender to be detained therein, for such period not exceeding four days as the court thinks fit, and an extract of the finding and sentence shall be delivered with the offender to the person in charge of the place where the offender is to be detained and shall be a sufficient authority for his detention in that place in accordance with the sentence. (3)The expenses of the maintenance of offenders detained under this section shall be defrayed in like manner as the expenses of the maintenance of prisoners under the Prisons (Scotland) Act, 1952. (4)The Secretary of State may, on the application of any police authority, certify any police cells, or other similar places provided by the authority to be suitable places for the detention of persons sentenced to detention under this section, and may by statutory instrument make regulations for the inspection of places so provided, the treatment of persons detained therein and generally for carrying this section into effect. (5)No place certified under this section shall be used for the detention of females unless provision is made for their supervision by female officers. (6)In this section the expression " police authority " means the council of a county or of a burgh which maintains a separate police force or in the case of a county or burgh included in the area for which there is an amalgamation scheme under the Police (Scotland) Act, 1946, in force, the joint police committee. 48Imprisonment in default of payment of fine Where the accused in a summary prosecution is found liable in any fine the court may, whether the statute or order under which the fine is imposed does or does not provide any method for the recovery thereof, adjudge the accused to be imprisoned in the event of failure to pay the fine, but such imprisonment shall not exceed the maximum period applicable to the fine in pursuance of section forty-nine of this Act. 49Period of imprisonment for non-payment of fine (1)The maximum period of imprisonment that may be imposed in default of payment of any sum imposed by a court of summary jurisdiction as a fine or for failure to find caution shall be as follows:— Amount of sum imposed Period of imprisonment Not exceeding five shillings Five days Exceeding five shillings but not exceeding one pound Ten days Exceeding one but not exceeding three pounds Twenty days Exceeding three but not exceeding five pounds. Thirty days Exceeding five but not exceeding twenty pounds Sixty days Exceeding twenty pounds Three months (2)Where a court of summary jurisdiction in imposing any fine or sum for which caution is to be found does not specify the period of imprisonment in default of payment of such fine or on failure to find such caution, such period shall be the maximum period applicable to the non-payment of the amount imposed. (3)If in any sentence or extract sentence the period of imprisonment inserted in default of payment of a fine or on failure to find caution is in excess of that competent under this Act, such period of imprisonment shall be reduced to the maximum period under this Act applicable to such default or failure, and the judge who pronounced the sentence shall have power to order the sentence or extract to be corrected accordingly. (4)The periods of imprisonment set forth in subsection (1) of this section shall apply to the non-payment of any sum imposed as aforesaid by a court of summary jurisdiction under a statute or order passed or made before the first day of June nineteen hundred and nine, notwithstanding that that statute or order fixes any other period of imprisonment. (5)The provisions of this section shall be without prejudice to the operation of section forty-five of this Act. 50Recovery by civil diligence (1)Where any fine falls to be recovered by civil diligence in pursuance of this Act or in any case in which a court of summary jurisdiction may think it expedient to order a fine to be recovered by civil diligence, there shall be added to the finding of the court imposing the fine the words “and decerns and ordains instant execution by arrestment and also execution to pass hereon by poinding and sale, after a charge of ten free days,”and such diligence, whatever the amount of the fine imposed, may be executed in the same manner as if the proceedings were on an extract decree of the sheriff small debt court. (2)Where proceedings by civil diligence under this section are adopted imprisonment shall not thereafter be competent. 51Caution and bail (1)With regard to the finding, forfeiture, and recovery of caution in any proceedings under this Act the following provisions shall apply:— (a)caution may be found by consignation of the amount with the clerk of court, or by bond of caution, which bond may be signed by the mark of the cautioner; (b)where caution becomes liable to forfeiture, forfeiture may be granted by the court on the motion of the prosecutor, and, where necessary, warrant granted for the recovery thereof; (c)in the event of any cautioner failing to pay the amount due under his bond within six days after he has received a charge to that effect, the court may order him to be imprisoned for the maximum period applicable in pursuance of section forty-nine of this Act to that amount or until payment is made; or the court, if it shall adjudge it expedient, may, on the application of the cautioner, grant time for payment, or may, instead of imprisonment, order recovery by civil diligence in accordance with section fifty of this Act. (2)Bail may be found and forfeited, and the like procedure shall be competent in default of payment thereof as is hereinbefore provided with regard to caution; and any bail found shall continue in force until the final determination of the case or until the expiry of six months from the date when such bail is found, whichever shall first occur, notwithstanding that the diets may have been from time to time continued or deserted pro loco et tempore, or not called:Provided that the cautioner shall be entitled to withdraw his bond of caution at any diet of the court at which the accused appears personally. (3)Where, instead of being liberated on bail, the accused in a summary prosecution is liberated under a penalty in the event of his failure to appear at any future diet, and such penalty is declared to be forfeited, the amount thereof may be added to any other penalty subsequently imposed on him, or the court may pronounce a separate finding in respect of such penalty and may grant warrant for the imprisonment of the accused in the event of non-payment thereof. 52Payment of fines All fines and expenses imposed under this Act shall be paid to the clerk of court to be accounted for by him to the person entitled thereto, and it shall not be necessary to specify in any sentence the person entitled to payment of any such 'fine or expenses, unless where it is necessary to provide for the division of the penalty. 53Expenses The following provisions shall have effect with regard to the award of expenses in a summary prosecution:— (a)expenses may be awarded to or against a private prosecutor but shall not be awarded against any person prosecuting in the public interest unless the statute or order under which the prosecution is brought expressly or impliedly authorises such an award ; (b)the finding regarding expenses shall be stated in the sentence or judgment disposing of the case ; (c)expenses awarded to the prosecutor shall be restricted to the fees set forth in the Third Schedule to this Act; (d)the court may award expenses against the accused without imposing any fine or may direct the expenses incurred by the prosecutor, whether public or private, to be met wholly or partly out of any fine imposed; (e)expenses awarded against the accused, where the fine or fines imposed do not exceed twelve pounds, shall not exceed three pounds:Provided that if it appears to the court that the reasonable expenses of the prosecutor's witnesses together with the other expenses exceed the sum of three pounds, the court may direct the expenses of those witnesses to be paid wholly or partly out of the fine; (f)any expenses awarded shall be recoverable by civil diligence in accordance with section fifty of this Act. 54Forfeiture of implements Where a person is convicted of any offence by a court of summary jurisdiction or where a probation order is made by such a court in respect of any person, the court may order the forfeiture of any instruments or other articles found in his possession and used or calculated to be of use in the commission of the offence of which such person was convicted or on account of which the probation order was made and, save as otherwise expressly provided in any enactment with regard to the disposal of articles forfeited on conviction of an offence, may order such instruments or articles to be destroyed or otherwise disposed of. 55Admonition A court of summary jurisdiction may, if it appears to meet the justice of the case, dismiss with an admonition any person found guilty by the court of any offence. 56Forms of finding and sentence (1)The finding and sentence and any order of a court of summary jurisdiction, as regards both offences at common law and offences under any statute or order, shall be entered in the record of the proceedings in the form as nearly as may be of the appropriate form contained in Part V of the Second Schedule to this Act, which shall be sufficient warrant for all execution thereon and for the clerk of court to issue extracts containing such executive clauses as may be necessary for implement thereof; and, when imprisonment forms part of any sentence or other judgment, warrant for the apprehension and interim detention of the accused pending his being committed to prison shall, where necessary, be implied. (2)Where a fine imposed by a court of summary jurisdiction is paid at the bar it shall not be necessary for the court to refer to the period of imprisonment applicable to the nonpayment thereof. (3)Where several charges at common law or under any statute or order are embraced in one complaint, a cumulo fine may be imposed in respect of all or any of such charges of which the accused is convicted. (4)A sentence following on a conviction by a court of summary jurisdiction may be framed so as to take effect on the expiry of any previous sentence which at the date of such conviction the accused is undergoing. 57Further provision as to sentence (1)Every sentence imposed by a court of summary jurisdiction, shall, unless otherwise provided, be pronounced in open court in presence of the accused, but need not be written out or signed in his presence. (2)It shall be competent at any time before imprisonment has followed on such a sentence for the court to alter or modify it; but no higher sentence than that originally pronounced shall be competent. (3)The signature of the judge or clerk of court to any sentence shall be sufficient also to authenticate the findings on which such sentence proceeds. (4)The power conferred by subsection (2) of this section to alter or modify a sentence shall be exercisable without requiring the attendance of the accused and, without prejudice to the generality of the power, shall include power in the case where payment of a fine by instalments has been ordered, to reduce the amount, or allow further time for the payment, of any instalment (whether the time for payment thereof has or has not expired) or to order payment of the fine so far as unpaid, by instalments of smaller amounts or at longer intervals than originally allowed. 58Correction of errors It shall be competent to correct any error in the record of the proceedings in a summary prosecution or in the extract of any sentence or order of the court at any time prior to execution thereon, and such correction shall be authenticated by the initials of the clerk of court. 59Extract sufficient warrant for imprisonment Where imprisonment is authorised by the sentence of a court of summary jurisdiction an extract of the finding and sentence in the form as nearly as may be of the appropriate form contained in Part V of the Second Schedule to this Act shall be a sufficient warrant for the apprehension and commitment of the accused, and no such extract shall be void or liable to be set aside on account of any error or defect in point of form. 60Provision for court comprising more than one judge In any proceedings in a court of summary jurisdiction consisting of more than one judge the signature of one judge shall be sufficient in all warrants or other proceedings prior or subsequent to conviction, although the presence and signature of two or more judges may be necessary to conviction of the offence in respect of which such warrants are granted or proceedings take place, and it shall not be necessary that the judge so signing shall be one of the judges trying or dealing with the case otherwise. 61Conviction of part only of charge A conviction of a part or parts only of the charge or charges libelled in a complaint shall imply dismissal of the rest of the complaint. Review 62Appeal by stated case On the final determination of any summary prosecution, either party may, notwithstanding any provision in any statute excluding review, make application to the court to state a case for the opinion of the High Court, and on such application being made the court, subject to the conditions hereinafter mentioned, shall be bound to state a case for such opinion, and it shall thereupon be competent to appeal to, and to bring under the review of, the High Court by stated case— (a)the relevancy of the complaint; (b)any irregularity in procedure ; (c)any alleged error of the court in point of law ; and (d)generally any matter which might immediately before the commencement of this Act have been competently reviewed by suspension, advocation, or appeal under the Heritable Jurisdictions (Scotland) Act, 1746, or otherwise. 63Manner and time of appeal (1)Application to have a case stated shall be made at the time when judgment is given, or at any time within five days thereafter, and shall be signed by the appellant or his solicitor, and either written on the complaint or lodged with the clerk of court, and where the latter course is adopted the clerk of court shall enter in the record of the proceedings the date when the application was lodged, and shall thereupon intimate the appeal to the respondent. (2)Where such an application has been made by the person convicted, and the judge by whom he was convicted dies before signing the case or is precluded by illness or other cause from so doing, it shall be competent for the convicted person to present a bill of suspension to the High Court and to bring under the review of that Court any matter which might have been brought under review by stated case. 64Caution by appellant Immediately on an appeal under section sixty-two of this Act being taken the court shall fix a sum to be consigned by the appellant, or for which caution is to be found, to meet any fine and expenses imposed and the expenses of the appeal, and the appellant shall not be entitled to have a case stated unless within five days after the date of his appeal he has made consignation, or found such caution, to the satisfaction of the clerk of court and has also paid the clerk his fees for preparing the case: Provided that (i)the court shall have power in any case where it deems it expedient so to do to dispense with consignation or the finding of caution, and (ii)a person prosecuting in the public interest shall not be bound to make consignation or to find caution. 65Procedure where appellant in custody (1)If an appellant under section sixty-two of this Act is in custody the court may, on consignation being made or caution being found in accordance with the last foregoing section, grant interim liberation on such conditions as to caution or otherwise as the court may fix, and may grant a sist of execution, or may dispense with further consignation or caution, or may make any other interim order which the justice of the case may require, or may refuse to grant interim liberation. (2)An application for interim liberation shall be disposed of by the court within twenty-four hours after such application has been made. The appellant, if dissatisfied with the amount of caution fixed, or on refusal of liberation, may, within twenty-four hours after the judgment of the court, appeal there-against by a note of appeal written on the complaint and signed by himself or his solicitor, and the complaint and proceedings shall thereupon be transmitted to the clerk of justiciary, and the High Court or any judge thereof, either in court or in chambers, shall, after hearing parties, have power to review the decision of the inferior court and to grant interim liberation on such conditions as such Court or judge may think fit, or to refuse interim liberation. (3)If an appellant who has been granted interim liberation does not thereafter proceed with his appeal, the inferior court shall have power to grant warrant to apprehend and imprison him for such period of his sentence as at the date of his liberation remained unexpired, such period to run from the date of his imprisonment under such warrant. 66Draft stated case to be prepared (1)The clerk of court shall, within ten days from an application for a stated case under section sixty-two of this Act, or, when consignation or caution is ordered, within five days from the date when consignation has been made or caution found, prepare a draft stated case, and shall within the said period send the draft to the appellant or his solicitor, and a duplicate thereof to the respondent or his solicitor. (2)A stated case shall be in the form as nearly as may be of the form contained in Part VI of the Second Schedule to this Act, and shall set forth the particulars of any matters competent for review which the appellant desires to bring under the review of the High Court, and of the facts, if any, proved in the case, and any point of law decided, and the grounds of the decision. 67Adjustment, signature and transmission to High Court of case (1)Within one month after -receipt of the draft case under the last foregoing section each party shall cause to be transmitted to the judge against whose judgment the appeal is taken and to the other parties a note of any adjustments he desires to have made on the draft case or intimate that he has no such adjustments to suggest, and if the appellant fails so to do he shall be deemed to have abandoned his appeal, and in any such case the count shall have the like power to grant warrant for his apprehension and imprisonment as is conferred by section sixty-five of this Act. (2)Within fourteen days after the latest date on which any such adjustments or intimation as aforesaid are or is received the judge against whose judgment the appeal is taken shall (unless the appellant is deemed to have abandoned his appeal) after considering any such adjustments, state and sign the case. (3)As soon as the case shall be signed by the judge against whose judgment the appeal is taken the clerk of court shall send it to the appellant and transmit the complaint, productions and any other proceedings in the cause to the clerk of justiciary. (4)The appellant shall within five days after receiving the case send a copy of it to the respondent and cause it to be transmitted to or lodged with the clerk of justiciary together with a certificate by himself or his solicitor that a copy has been sent to the respondent in accordance with the requirement herein-'before contained. (5)If the appellant fails to comply with the last foregoing subsection he shall be deemed to have abandoned his appeal, and the court shall have the like power to grant warrant for his apprehension and imprisonment as is conferred by section sixty-five of this Act. 68Abandonment of appeal (1)An appellant under section sixty-two of this Act may at any time prior to lodging the case with the clerk of justiciary abandon, his appeal by minute signed by himself or his solicitor, written on the complaint, or lodged with the clerk of court, and intimated to the respondent, but such abandonment shall be without prejudice to any other mode of appeal, review, advocation, or suspension competent. (2)On the case being lodged with the clerk of justiciary, the appellant shall be held, to have abandoned any other mode of appeal which might otherwise have been open to him. 69Record of procedure in appeal On an appeal being taken under section sixty-two of this Act the clerk of court shall record on the complaint the different steps of procedure in the appeal, and such record shall be evidence of the dates on which the various steps of procedure took place. The forms of procedure in appeals shall be as nearly as may be in accordance with the forms contained in Part VI of the Second Schedule to this Act. 70Computation of time In computing any number of days for the purpose of the provisions of this Act relating to appeals Sundays and public holidays shall be excluded. 71Hearing of appeal (1)A stated case under this Act shall be heard by the: High Court on such date as it may fix, and the High Court shall have power to affirm, reverse, or amend the determination of the inferior court, or to impose a fine instead of imprisonment where imprisonment has been awarded, or to reduce the period of imprisonment, or to reduce any fine imposed by the inferior court, or to remit the case back to the inferior court to be amended, and thereafter, on the case being amended and returned, to deliver judgment thereon, or to remit the case to the inferior court with their opinion thereon. (2)Where in any such case an appeal against an acquittal is sustained, the High Court may either convict and sentence the accused or may remit the case to the inferior court with instructions to convict and sentence the accused, who shall be bound to attend any diet fixed by such court for this purpose. (3)The High Court shall have power in appeals under this Act to award such expenses both in the High and inferior courts as it may think fit. (4)The High Court may remit to any fit person to inquire and report in regard to the facts and circumstances of any appeal, and on considering such report may pronounce judgment. (5)Where an appellant has been granted interim liberation, whether his appeal is under this Act or otherwise, he shall appear personally in court on the day or days fixed for the hearing of his appeal, failing which, unless the court shall on cause shown permit the appeal to be heard, he shall be held to have abandoned, it. (6)Where an appeal is dismissed or refused in whole or in part, the High Court shall have power to grant warrant to apprehend and imprison the appellant for any term, to run from the date of his imprisonment, not longer than that part of the term of imprisonment specified in the sentence brought under review which remained unexpired at the date of liberation. 72Consent by prosecutor to setting aside conviction (1)Where an appeal has been taken under section sixty-two of this Act or by suspension or otherwise, and the prosecutor, on the appeal being intimated to him, is not prepared to maintain the judgment appealed against, he may by a minute signed by him and written on the complaint or lodged with the clerk of court consent to the conviction and sentence being set aside, either in whole or in part. Such minute shall set forth the grounds on which the prosecutor is of opinion that the judgment cannot be maintained. (2)A copy of any minute under the last foregoing subsection shall be sent by the prosecutor to the appellant, and the clerk of court shall thereupon ascertain from the appellant or his solicitor whether he desires to be heard by the High Court before the appeal is disposed of, and shall note on the record whether or not the appellant so desires, and shall thereafter transmit the complaint and relative proceedings to the clerk of justiciary. (3)The clerk of justiciary on receipt of a complaint and relative proceedings under the last foregoing subsection shall lay them before any judge of the High Court, either in court or in chambers, and such judge, after hearing parties if they desire to be heard, or without hearing parties, may set aside the conviction either in whole or in part and award expenses to the appellant not exceeding five guineas, or may refuse to set aside the conviction, in which case the proceedings shall be returned to the clerk of the inferior court, and the appellant shall then be entitled to proceed with his appeal in the same way as if it had been marked on the date when the complaint and proceedings are returned to the clerk of the inferior court. (4)Where proceedings are taken under this section, the preparation of the draft stated case shall be delayed pending the decision of the High Court. (5)The power conferred by this section to consent to a conviction and sentence being set aside shall be exercisable (a)where the appeal is by stated case, at any time within ten days after the receipt by the prosecutor of the draft stated case; and (b)where the appeal is by suspension at any time within ten days after the service on the prosecutor of the bill of suspension. 73Convictions not to be quashed on certain grounds (1)No conviction, sentence, judgment, order of court, or other proceeding whatsoever under this Act shall be quashed for want of form, or, where the accused had legal assistance in his defence, shall be suspended or set aside in respect of any objections to the relevancy of the complaint, or to the want of specification therein, or to the competency or admission or rejection of evidence at the trial in the inferior court, unless such objections shall have been timeously stated at the trial by the solicitor of the accused. (2)Save as provided in sections sixty-two and seventy-one of this Act no conviction, sentence, judgment, order of court, or other proceeding whatsoever shall be quashed except on the ground of incompetency, or corruption, or malice, or oppression, or unless the High Court shall be of opinion that the accused has been misled as to the true nature of the charge against him or been prejudiced in his defence on the merits, and that a miscarriage of justice has resulted thereby:Provided that the High Court may amend any conviction, sentence, judgment, order of court, or other proceeding, or may pronounce such other sentence, judgment, or order as they shall judge expedient. 74Other modes of appeal (1)The provisions regulating appeals shall, subject to the provisions of this Act, be without prejudice to any other mode of appeal competent. Where it is competent to appeal against a sentence of imprisonment to the High Court under the Heritable Jurisdictions (Scotland) Act, 1746, or under any Act amending that Act, or applying or incorporating any of the provisions of that Act with regard to appeals, such appeal shall, if otherwise well taken, be held to be timeously made if lodged with the clerk of the court in which the sentence appealed against was pronounced and intimated to the respondent at any time during the appellant's imprisonment under the sentence appealed against, or within ten days from the date of the appellant's liberation from imprisonment under the said sentence:Provided that this subsection shall not apply to any appeal against a sentence of imprisonment, unless the imprisonment under such sentence commenced within ten days after it was pronounced. (2)Any officer of law may serve any bill of suspension or other writ relating to an appeal. 75Actions of damages in respect of proceedings under this Act (1)No judge, clerk of court, or prosecutor in the public interest shall be found liable by any court in damages for or in respect of any proceedings taken, act done, or judgment, decree, or sentence pronounced under this Act, unless (a)the person suing has suffered imprisonment in consequence thereof; and (b)such proceeding, act, judgment, decree, or sentence has been quashed ; and (c)the person suing shall specifically aver and prove that such proceeding, act, judgment, decree, or sentence was taken, done, or pronounced maliciously and without probable cause. (2)No such liability as aforesaid shall be incurred or found where such judge, clerk of court, or prosecutor shall establish that the person suing was guilty of the offence in respect whereof he had been convicted, or on account of which he had been apprehended or had otherwise suffered, and that he had undergone no greater punishment than was assigned by law to such offence. (3)No action to enforce such liability as aforesaid shall lie unless it is commenced within two months after the proceeding, act, judgment, decree, or sentence founded on, or in the case where the Act under which the action is brought fixes a shorter period, within that shorter period. (4)In this section " judge " shall not include " sheriff," and the provisions of this section shall be without prejudice to the privileges and immunities possessed by sheriffs. 76Acts of Adjournal making rules, etc. (1)It shall be lawful for the High Court, by Act of Adjournal— (a)to make rules to give effect to any of the provisions of this Act; (b)to make rules regulating the procedure under this Act; (c)to cancel or amend any of the forms of procedure under this Act or to provide additional forms ; (d)to fix and regulate the fees payable in the High Court and the inferior courts in proceedings under this Act. (2)Until regulated under the foregoing provisions of this section the fees payable in the High Court shall be those payable at the commencement of this Act and the fees payable in the inferior courts shall be those set forth in the Third Schedule to this Act. (3)Nothing in this section shall affect the regulations enacted by the Courts of Law Fees (Scotland) Act, 1895. (4)Any power conferred on the High Court by this Act to make rules shall be exercisable by statutory instrument, and the Statutory Instruments Act, 1946, shall apply to a statutory instrument containing rules made by the High Court in the exercise of such power in like manner as if the rules had been made by a Minister of the Crown. 77Interpretation In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them— " Bail" includes any pledge lodged by or on behalf of an accused person as security for his appearance at any diet of court: " Borstal training " and " Detention centre " have the like meanings as in the Prisons (Scotland) Act, 1952: " County " extends to the limits within which a sheriff has jurisdiction in criminal matters, whether by statute or at common law, and includes district of a county: " Court " and " Court of summary jurisdiction " mean any court of summary criminal jurisdiction, and include sheriff court, justice of peace court, burgh court, police court, and the court of the bailie of the river and firth of Clyde: " District of a county " means any part of a county in which a separate sheriff court is held and for which a separate procurator fiscal is appointed: " Extract conviction " and." extract of previous conviction " include certified copy conviction, certificate of conviction, and any other document under the hand of the proper officer in use to be issued from any court of justice of the United Kingdom as evidence of a conviction or convictions: " High Court" means the High Court of Justiciary; " Judge " means any sheriff, justice of the peace, and any magistrate or other judge of a court of summary criminal jurisdiction : " Justice of the peace " means any of Her Majesty's justices of the peace for any county or county of a city in Scotland acting within such county or county of a city: " Legalised police cells" has the like meaning as in the Prisons (Scotland) Act, 1952: " Offence " means any act, attempt or omission punishable by law: " Officer of law" includes chief constable, deputy chief constable, constable, sheriff officer, prison officer, and any person having authority to execute a warrant of court : " Order" means any order, byelaw, rule, or regulation having statutory authority: " Probation order " has the like meaning as in the Criminal Justice (Scotland) Act, 1949 : " Prosecutor " includes procurator-fiscal, assistant procurator-fiscal, procurator-fiscal depute, justice of the peace fiscal, burgh prosecutor, and any other person prosecuting in the public interest, private prosecutor, and. complainer, and any person duly authorised to represent or act for any public prosecutor: " Remand centre," has the like meaning as in the Prisons (Scotland) Act, 1952; " Remand home " means premises established or used by a county or town council under the provisions of section eighty-one of the Children and Young Persons (Scotland) Act, 1937: " Statute " includes a Provisional Order confirmed by Act of Parliament: " Witness " includes haver. 78Repeals and savings (1)The enactments set forth in the Fourth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. (2)Nothing in this repeal shall affect any Act of Adjournal, rule, order, regulation passed or made, fee fixed or thing done under any enactment repealed by this Act and every such Act of Adjournal, rule, order, regulation, fee or thing shall, if in force at the commencement of this Act, continue in force and be deemed to have been passed, made, fixed or done under the corresponding provision of this Act. (3)Nothing in this Act shall make it unlawful to detain an accused person in custody pending trial otherwise than in prison if such detention would have been lawful prior to the commencement of this Act. (4)Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or to the corresponding enactment in this Act. (5)The mention of particular matters in this section shall not be taken to affect the general application to this Act of section thirty-eight of the Interpretation Act, 1889 (which relates to the effect of repeals). 79Short title, commencement and extent (1)This Act may be cited as the Summary Jurisdiction (Scotland) Act, 1954. (2)This Act shall come into operation on the first day of January, nineteen hundred and fifty-five. (3)Save as otherwise expressly provided this Act shall extend to Scotland only. ### 1Lessee or sub-lessee under certain long leases may require landlord to grant feu right (1)Subject to the (provisions of this Part of this Act, where any property is let under a lease granted before the tenth day of August, nineteen hundred and fourteen, for a period of not less than fifty years, and such property or a part thereof is occupied as a private dwelling-house forming his usual residence by the lessee under such lease or by the sub-lessee under a sublease granted for a period of not less than fifty years, such lessee or sub-lessee so occupying (hereafter in this Part of this Act referred to as the " occupying lessee ") may give notice to the landlord under the lease requiring him to grant a feu right of the property or, where the occupying lessee is so occupying a part only of the property, of such part. (2)Any notice under this section shall be given within five years after the commencement of this Act. (3)In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively:— " landlord " means any person for the time being holding the interest of landlord under a lease ; " lease " means such a lease as is mentioned in subsection (1) of this section and does not include a sub-lease; " lessee " means any person for the time being holding the interest of lessee under a lease ; " sub-lease " means such a sub-lease as is mentioned in subsection (1) of this section of the property let under a lease or of a part of such .property ; and " sub-lessee " means any person for the time being holding the interest of lessee under a sub-lease. (4)For the purposes of this Part of this Act,— (a)where a lease or a sub-lease has been assigned by ex facie absolute assignation, the person for the time being having the right of reversion in such lease or sub-lease shall be deemed to hold the interest of lessee thereunder; (b)any garden, yard, garage, outhouse or pertinent belonging to and occupied along with any dwelling-house shall be deemed to form part of such dwelling-house ; (c)a dwelling-house shall be deemed to be occupied as a private dwelling-house notwithstanding that a part thereof is used as a shop or office or for business, tirade or professional purposes other than the sale of excise-able liquor for consumption on the premises. 2Lessee or sub-lessee deemed to be occupying lessee in certain circumstances Where any property let under a lease or a sublease is occupied in whole or in part by any person as a private dwelling-house forming his usual residence and— (a)the interest of lessee under such lease or sub-lease is held by the trustees of a trust in which the said person is beneficially interested ; or (b)the said interest is held by the trustees of any religious denomination and the said person occupies the property or such part thereof by virtue of his office as a minister or full-time lay missionary of that denomination ; or (c)the said interest is held by a person who acquired it by inheritance and the person so occupying the property or such part thereof is a member of the family of the lessee or sub-lessee from whom the said interest was so acquired and was residing with him in the property or such part thereof at the time of his death ;the trustees or the person who acquired the said interest by inheritance, as the case may be, shall, for the purposes of this Part of this Act, be deemed to occupy the property or such part thereof as a private dwelling-house forming their usual residence and to be the occupying lessee. 3Occupying lessee acquiring right on or after 10th May, 1951, not entitled to require grant of feu right An occupying lessee under any lease or sub-lease who acquired his interest thereunder, otherwise than by inheritance, on or after the tenth day of May, nineteen hundred and fifty-one, shall not be entitled under this Part of this Act to require the grant of a feu right of any subjects let under such lease or sublease. 4Refusal of grant of feu right on ground of public interest (1)Where the interest of landlord under a lease belongs to or is held for the purposes of a Government department and a notice requiring the grant of a feu right of any subjects let under such lease is given under section one of this Act by an occupying lessee, then if the Minister or Board in charge of any Government department certifies that it is not in the public interest that a feu right of the said subjects should be granted under this Part of this Act and the landlord, within three months after the date of the said notice, sends to the occupying lessee a copy of such certificate, the occupying lessee shall not be entitled to the grant of such feu right. (2)Where the landlord under a lease is a local authority or a development corporation and a notice requiring the grant of a feu right of any subjects let under such lease is given under section one of this Act by an occupying lessee, the landlord may apply to the Secretary of State for a certificate that it is not in the public interest that a feu right of the said subjects should be granted under this Part of this Act, and, if the Secretary of State so certifies and the landlord, within three months after the date of the said notice, sends to the occupying lessee a copy of such certificate, the occupying lessee shall not be entitled to the grant of such feu right. (3)In this section— " development corporation " has the same meaning as in the New Towns Act, 1946 ; " Government department " does not include the Commissioners of Crown Lands ; and " local authority" means a county council or a town council. 5Power to certain landlords who have acquired property for occupation as residence, etc., to apply to sheriff for declarator refusing grant of feu right (1)Where the landlord under a lease acquired his interest thereunder during the period beginning with the first day of January, nineteen hundred and thirty-nine, and ending with the ninth day of May, nineteen hundred and fifty-one, and a notice requiring the grant of a feu right of any subjects let under such lease is given under section one of this Act by an occupying lessee, the provisions of this section shall have effect. (2)Such landlord may, within two months after the date of the notice referred to in the foregoing subsection, apply to the sheriff for a declarator that the occupying lessee is not entitled under this Part of this Act to the grant of a feu right of the said subjects and the sheriff shall pronounce such declarator if he is satisfied— (a)that the landlord acquired his interest under the lease— (i)for the purpose of occupying the subjects as a residence for himself ; or (ii)for the purpose of development involving demolition, alteration or reconstruction of the subjects or a substantial part thereof, being development for which permission under the enactments relating to town and country planning has been granted, or is deemed to have been granted, or is not required; and (b)that, having regard to ail the circumstances of the case, greater hardship would be caused to the landlord if a feu right of the subjects were granted than would be caused to the occupying lessee if it were not granted. (3)In determining whether greater hardship would be caused if a feu right of the said subjects were granted than if it were not granted, the sheriff shall (without prejudice to the generality of paragraph (b) of the last foregoing subsection)— (a)have regard to the considerations that, if he pronounces a declarator under this section, the occupying lessee will not be entitled under this Part of this Act to the grant of a feu right of the subjects, and that no provision is made in this Act for payment to the occupying lessee of compensation in that event; and (b)disregard the fact that, if he refuses to pronounce such declarator and a feu right of the subjects is granted under this Part of this Act, such feu right will be granted on the financial terms set out in sections seven to nine of this Act. Notice requiring grant of feu right 6Notice requiring grant of feu right (1)Any notice under section one of this Act shall be in writing, shall be in, or as nearly as may be in, the form set out in the First Schedule to this Act, and shall be signed by the occupying lessee or his solicitor. (2)Where an occupying lessee who is a sub-lessee gives such a notice to the landlord, he shall at the same time send a copy thereof to each intermediate landlord. (3)In this Part of this Act, the expression " intermediate landlord " means, where an occupying lessee is a sub-lessee, any person for the time being holding the interest of landlord under a sub-lease which comprises the property of which the occupying lessee is sub-lessee. Payments to be made where feu right granted 7Sums payable to landlord by occupying lessee in respect of feu right of subjects let under lease with one hundred years or less unexpired (1)Where a feu right of any subjects is to be granted under this Part of this Act by the landlord under a lease the unexpired period of which at the date of the notice given under section one of this Act by the occupying lessee does not exceed one hundred years, there shall be payable to the landlord by the occupying lessee in respect of the feu right— (a)an amount calculated in accordance with the provisions of the next following subsection and payable— (i)wholly by way of a lump sum ; or (ii)wholly by way of an annual sum which shall be equal to one-twentieth of the said amount and shall form part of the feu-duty hereinafter mentioned; or (iii)as to a part thereof, by way of a lump sum, and as to the remaining part thereof, by way of an annual sum which shall be equal to one-twentieth of such remaining part and shall form part of the feu-duty hereinafter mentioned;as may be determined by agreement between the parties and, in default of such agreement, one half of the said amount shall be payable by way of a lump sum and one half by way of an annual sum; (b)a feu-duty equal to the aggregate of the following sums:— (i)a sum equal to the rent payable under the lease or the proportion of such rent attributable to the subjects to be comprised in the feu right, as the case may be ; and (ii)a sum in respect of the casualties (if any) payable under the lease equal to one-twentieth of the appropriate amount determined in accordance with the provisions of the Second Schedule to this Act; and (iii)any annual sum payable as provided in paragraph (a) of this subsection. (2)The amount referred to in paragraph (a) of the foregoing subsection shall be such amount as would, with compound interest at five per centum per annum with yearly rests for the period of the lease which is unexpired at the date of the notice referred to in the said subsection, produce at the end of the said period a sum equal to the value, as determined in accordance with the provisions of the next following subsection, of the, subjects to be comprised in the feu right. Where the unexpired period of any lease is less than thirty years at the commencement of this Act, then for the purposes of this subsection such lease shall be deemed to expire on a date thirty years after such commencement. (3)For the purposes of the last foregoing subsection, the value of the subjects shall be determined by agreement between the parties or, in default of such agreement, by a valuer agreed by the parties or, in case of dispute, appointed by the sheriff, and— (a)such value shall be estimated as if the lease had expired at the commencement of this Act and the subjects were being sold in the open market at such commencement with vacant possession and subject to a feu-duty equal to the rent payable under the lease or the proportion of such rent attributable to the subjects, as the case may be; and (b)if the lease contains a stipulation for payment of compensation by the landlord on the termination thereof, then in estimating such value account shall be taken of such compensation as if the lease had expired at the commencement of this Act. (4)Any lump sum payable under subsection (1) of this section shall bear interest at the rate of five per centum per annum from the date of entry under the feu right until paid. 8Feu-duty payable in respect of feu right of subjects let under lease with over one hundred years unexpired Where a feu right of any subjects is to be granted under this Part of this Act by the landlord under a lease the unexpired period of which at the date of the notice given under section one of this Act by the occupying lessee exceeds one hundred years, there shall be payable in respect of the feu right a feu-duty equal to the aggregate of the following two sums:— (a)a sum equal to the rent payable under the lease or the proportion of such rent attributable to the subjects to be comprised in the feu right, as the case may be ; and (b)a sum in respect of the casualties (if any) payable under the lease equal to one-twentieth of the appropriate amount determined in accordance with the provisions of the Second Schedule to this Act. 9Payment to be made to intermediate landlord by occupying lessee on grant of feu right (1)Where a feu right of any subjects is to be granted under this Part of this Act on the requirement of an occupying lessee who is a sub-lessee, there shall be paid to each intermediate landlord by the occupying lessee— (a)a sum equal to the capital value, at the date of the notice given under section one of this Act by the occupying lessee, of any amount by which the rent payable to the intermediate landlord or the proportion of such rent attributable to the subjects to be comprised, in the feu right, as the case may be, exceeds the rent payable by him or the proportion of such rent attributable to the said subjects, as the case may be, receivable annually for the unexpired period, at the date of the said notice, of the sub-lease under which the intermediate landlord holds the interest of landlord, such capital value being calculated in accordance with the table set out in the Third Schedule to this Act ; and (b)any sum by which the appropriate amount determined in accordance with the provisions of the Second Schedule to this Act in respect of the casualties (if any) payable to the intermediate landlord exceeds the appropriate amount determined in accordance with the provisions of the said Schedule in respect of the casualties (if any) payable by him. (2)Any sums payable under this section shall bear interest at the rate of five per centum per annum from the date of entry under the feu right until paid. 10Payments to creditors (1)Any lump sum received under subsection (1) of section seven of this Act by a landlord shall be paid by him to the creditors in right of any heritable securities burdening his interest in the subjects comprised in the feu right according to the rights and preferences of such creditors, and shall be applied in extinction or reduction of the debts secured by the said securities :Provided that the landlord and the creditor in right of any such security may agree that any amount which the landlord is liable to pay to the said creditor under this subsection shall not be so paid, or that a part only of such amount shall be so paid. (2)Any sums received under the last foregoing section by an intermediate landlord shall be paid by him to the creditors in right of any securities which immediately before the grant of the feu right burdened his interest as intermediate landlord according to the rights and preferences of such creditors, and shall be applied in extinction or reduction of the debts secured by the said securities:Provided that the intermediate landlord and the creditor in right of any such security may agree that any amount which the intermediate landlord is liable to pay to the said creditor under this subsection shall not be so paid, or that a part only of such amount shall be so paid. Conveyancing provisions 11Feu contract to be entered into on grant of feu right Where a feu right is to be granted under this Part of this Act of any subjects let under a lease, a feu contract shall be entered into which shall be in, or as nearly as may be in, the form set out in the Fourth Schedule to this Act, and in particular— (a)shall dispone the subjects subject to the conditions and restrictions specified in the lease in so far as they affect the subjects, are still subsisting and applicable and have not been implemented, departed from or discharged, and to such other conditions and restrictions, being reasonable and appropriate in the circumstances, as may be determined by agreement between the parties or, in default of such agreement, by the sheriff:Provided that where the trustees of any religious denomination are the occupying lessee, there shall not without their consent be included in the feu contract a condition restricting the use of the subjects to use as a dwelling-house by a minister or full-time lay missionary of a religious denomination ; (b)shall contain a renunciation by the occupying lessee of the lease or sub-lease, as the case may be, under which he holds the interest of lessee, to the extent that such lease or sub-lease relates to the subjects ; and (c)where the occupying lessee is a sub-lessee, shall contain a renunciation by each intermediate landlord of the lease or sub-lease, as the case may be, under which such intermediate landlord holds the interest of lessee, to the extent that such lease or sub-lease relates to the subjects. 12Rights to minerals, 13. Execution of feu contract Where a feu right is to be granted under this Part of this Act of any subjects let under a lease, then unless the parties otherwise agree— (a)if the minerals in the subjects are included in the lease, the said minerals shall be included in the feu right; (b)if the said minerals are in terms of the lease expressly reserved to the landlord, they shall be reserved to the superior with such right to work the same, and subject to payment to the vassal of such compensation for surface damage, as is provided in the lease ; (c)if the said minerals are not in terms of the lease expressly reserved to the landlord, they shall be reserved to the superior with right to work the same (but without entering on the surface of the ground) subject to payment to the vassal of such compensation for surface damage as in default of agreement may be determined by arbitration;and the feu contract disponing the subjects shall contain an appropriate clause relating to minerals: Provided that this section shall not have effect in relation to coal or other minerals vested in the National Coal Board by virtue of the provisions of the Coal Industry Nationalisation Act, 1946. 13(1)The feu contract to be entered into on the grant of a feu right under this Part of this Act shall be signed by the landlord, the occupying lessee and, where the occupying lessee is a sub-lessee, each intermediate landlord. (2)Where the landlord or any intermediate landlord fails to sign a feu contract as provided in the foregoing subsection within two months after he has been called upon to do so, the occupying lessee may present an application to the sheriff craving him to ordain such landlord or intermediate landlord, as the case may be, to sign the feu contract within such period as to the sheriff shall seem reasonable, and, if the landlord or intermediate landlord fails to sign the feu contract as so ordained, the sheriff may make an order dispensing with the signature to the feu contract of such landlord or intermediate landlord and directing the sheriff clerk to sign the feu contract on behalf of such landlord or intermediate landlord. (3)Where an intermediate landlord is unknown or cannot be found, the occupying lessee may apply to the sheriff for an order dispensing with the signature to the feu contract of such intermediate landlord and directing the sheriff clerk to sign the feu contract on behalf of such intermediate landlord, and on making such an order the sheriff may, if he thinks fit, require the occupying lessee to consign in court any sums payable under section nine of this Act by him to such intermediate landlord. (4)Where in pursuance of an order made by the sheriff under this section a feu contract is signed by the sheriff clerk on behalf of a landlord or an intermediate landlord, such feu contract shall have the like force and effect as if it had been signed by such landlord or intermediate landlord, as the case may be. 14Provisions where lease or sub-lease assigned by ex facie absolute assignation Where a feu right of any subjects is to be granted under this part of this Act and the lease or sub-lease under which the occupying lessee holds the interest of lessee has been assigned by ex facie absolute assignation— (a)the feu contract to be entered into in accordance with the provisions of section eleven of this Act shall dispone the subjects to the occupying lessee ; (b)the renunciation referred to in paragraph (b) of the said section eleven shall be granted by the occupying lessee and the person for the time being in right of the said assignation (hereafter in this section referred to as " the assignee ") for their respective interests in the lease or sub-lease to the extent that the lease or sub-lease relates to the subjects; (c)the feu contract shall be signed also by the assignee and, where the assignee fails to sign the feu contract within two months after he has been called upon to do so, the provisions of subsections (2) and (4) of the last foregoing section shall apply as if the assignee were the landlord or an intermediate landlord ; (d)the occupying lessee shall forthwith dispone the subjects to the assignee by an ex facie absolute disposition which shall be recorded in the Register of Sasines along with the feu contract. Continuation of certain leases and sub-leases 15Continuation of leases and sub-leases expiring within five years after commencement of Act (1)Subject to the provisions of the next following section, where the ish of any lease or sub-lease falls within the period of five years beginning with the commencement of this Act and immediately before the ish the interest of lessee under such lease or sub-lease is held by an occupying lessee, not being an occupying lessee who acquired the said interest (otherwise than by inheritance) on or after the tenth day of May, nineteen hundred and fifty-one, the lease or sub-lease, as the case may be, shall, to the extent that it relates to the subjects occupied by the occupying lessee as a private dwelling-house forming his usual residence, have effect as if for the ish there were substituted the term of Whitsunday, nineteen hundred and sixty. (2)In this and the next following section any reference to an ish shall, in relation to a lease or a sub-lease continued by virtue of the Long Leases (Temporary Provisions) (Scotland) Act, 1951, as extended by the Leasehold Property Act and Long Leases (Scotland) Act Extension Act, 1953, be construed as a reference to the date to which such lease or sub-lease has at the commencement of this Act been so continued. 16Power to occupying lessee to exclude operation of s. 15 (1)Where the occupying lessee under any lease or sublease gives to the person holding the interest of landlord under such lease or sub-lease, not later than forty days before the ish, notice in writing that he does not desire that the lease or sublease, as the case may be, shall be continued under the last foregoing section, that section shall not have effect regarding the lease or sub-lease. (2)Where any lease or sub-lease has been continued under the last foregoing section and the occupying lessee gives to the person holding the interest of landlord under such lease or sublease notice in writing that he desires that the said section shall no longer apply to the lease or sub-lease, as the case may be, the lease or sub-lease shall come to an end on such date, not earlier than forty days after the date of the said notice, as may be specified therein. 17Restriction on exercise of option to terminate lease or sub-lease Where the person holding the interest of landlord under any lease or sub-lease has an option thereunder to terminate such lease or sub-lease on a date falling within the period of five years beginning with the commencement of this Act and immediately before the said date the interest of lessee under the lease or sub-lease is held by an occupying lessee, not being an occupying lessee who acquired the said interest (otherwise than by inheritance) on or after the tenth day of May, nineteen hundred and fifty-one, the lease or sub-lease, as the case may be, shall, to the extent that it relates to the subjects occupied by the occupying lessee as a private dwelling-house forming his usual residence, have effect as if the said option were an option to terminate the lease or sub-lease at the term of Whitsunday, nineteen hundred and sixty. Supplementary provisions 18Rules for determining duration of lease or sub-lease (1)For the purposes of this Part of this Act, the following rules shall apply in determining the duration of any lease or sub-lease:— (a)where the lease or sub-lease contains an obligation upon the person holding the interest of landlord thereunder to renew the same from time to time at fixed periods or upon the termination of a life or lives, the lease or sub-lease, as the case may be, shall be deemed to endure for the full period to which the obligation to renew applies; (b)where the duration of the lease or sub-lease is wholly or partly dependent upon the endurance of a life or lives, then— (i)in the case of the life of a person no longer in existence, regard shall be had to the period for which such life existed or, if such period cannot be ascertained, the endurance of such life shall be deemed to be thirty-five years ; (ii)in the case of the life of an identifiable person in existence, the expectancy of life of such person shall be determined in accordance with the table set out in the Fifth Schedule to this Act; (iii)in the case of the life of a person not yet in existence or not identifiable, the endurance of such life shall be deemed to be thirty-five years ; (c)where the person holding the interest of landlord under the lease or sub-lease has an option thereunder to terminate such lease or sub-lease on a date falling after the commencement of this Act, the lease or sub-lease, as the case may be, shall be deemed to expire on such date or, where there is more than one such date, on the first such date. (2)For the purposes of section one of this Act, in determining the duration of any lease or sub-lease, regard shall not be had to the application (if any) to the lease or sub-lease of the Long Leases (Temporary Provisions) (Scotland) Act, 1951, as extended by the Leasehold Property Act and Long Leases (Scotland) Act Extension Act, 1953, or of sections fifteen or seventeen of this Act. 19Rules for determining rent payable under lease or sub-lease For the purposes of this Part of this Act, the following rules shall apply in determining the rent payable under any lease or sub-lease:— (a)where the rent or a proportion thereof is payable in grain or other fungible or falls to be ascertained by reference to the price or value of grain or other fungible or otherwise than from the expression of the amount thereof in sterling money, the amount of such rent or of such proportion, as the case may be, shall be deemed to be equal to a sum in sterling money representing the average value, during the period of ten years immediately preceding the date of the notice given under section one of this Act by the occupying lessee, of the grain or other fungible delivered or deliverable or of the sum paid or payable in respect of such grain or other fungible; (b)where lawful services or other duties of an annually recurring nature are stipulated for in the lease or sub-lease, the annual value of such services or duties in sterling money as the same shall be determined by agreement between the parties or, in default of such agreement, by the sheriff, shall be deemed to be the rent payable under the lease or sub-lease, or shall be added to any rent payable otherwise under the lease or sublease, as the case may be :Provided that where such services or duties have not been exacted or insisted on within the period of ten years immediately preceding the seventeenth day of December, nineteen hundred and fifty-three, no account shall be taken thereof. 20Apportionment of rent Where for the purposes of this Part of this Act it is necessary to apportion the rent payable under any lease or sublease between two or more parts of the property let under such lease or sub-lease, the apportionment shall be made by agreement amongst the parties concerned or, in default of such agreement, by the sheriff. 21Provisions regarding securities (1)Where a feu right of any subjects is granted under this Part of this Act, any bond and assignation in security or other security (not being a security constituted by ex facie absolute assignation) which immediately prior to such grant burdened the interest of the occupying lessee shall, as from the appropriate date determined in accordance with the provisions of the next following subsection, have effect in relation to the said subjects as if it had been duly completed in accordance with the appropriate form usually employed in such cases for burdening property held in feu farm of a superior and shall burden the dominium utile of the subjects accordingly. (2)The appropriate date for the purposes of the foregoing subsection shall be— (a)where the bond and assignation in security or other security has been recorded in the Register of Sasines before the date of the feu contract disponing the subjects, the date of the said feu contract; (b)where the bond and assignation in security or other security has not been so recorded before the date of the said feu contract, the date of recording such bond and assignation in security or other security in the Register of Sasines. (3)Any securities which by virtue of this section burden the dominium utile of any subjects and any ex facie absolute disposition of those subjects granted in accordance with the provisions of paragraph (d) of section fourteen of this Act shall be entitled to the same preferences inter se as if a feu right of those subjects had not been granted, and the creditors in right of securities which by virtue of this section burden the dominium utile of any subjects shall, in regard to the said subjects, be entitled to all the remedies competent to creditors holding corresponding securities over property held in feu farm for recovery of the sums due to them. (4)Where a feu right of any subjects is granted under this Part of this Act, any bond and disposition in security or other heritable security which immediately prior to such grant burdened the interest of the landlord in the said subjects shall, as from the date of the feu contract disponing the subjects, burden only the superiority and not the dominium utile thereof, and the creditors in right of such securities shall, in regard to the said subjects, be entitled to all the remedies competent to creditors holding corresponding securities over an estate of superiority for recovery of the sums due to them. (5)Where a feu right of any subjects is granted under this Part of this Act, any securities which immediately prior to such grant burdened the interest of an intermediate landlord shall, on the date of the feu contract disponing the said subjects, cease to burden such interest to the extent that such interest relates to the subjects and shall not burden or affect those subjects, but save as aforesaid such securities shall continue in full force and effect. (6)Any reference in this section to the date of a feu contract shall, in relation to a feu contract executed, on more than one date, be construed as a reference to the date on which such feu contract was last executed. 22Expenses to be borne by occupying lessee The expenses of any valuation carried out under subsection (3) of section seven of this Act and the expenses of the preparation and execution of a feu contract or an ex facie absolute disposition under this Part of this Act, including the stamp duty payable thereon and the dues of recording the same, shall be borne by the occupying lessee. 23Provisions regarding notices, etc. (1)Any notice or other document required or authorised by this Part of this Act to be given or sent to any person shall be sent by post in a registered letter addressed— (a)to the said person ; or (b)where the said person is a landlord or an intermediate landlord, either to him or to the person to whom the rent under the lease or sub-lease, as the case may be, is in use to be paid; or (c)where the said person, being an intermediate landlord, is unknown or cannot be found and no rent is being paid under the sub-lease, to the Extractor of the Court of Session ; or (d)where the said person is a local authority, development corporation; or an incorporated company or body, to the clerk, secretary or other proper officer of such authority, corporation, company or body. (2)For the purposes of this section, the proper address of any person to whom any such notice or document is to be given or sent shall, in the case of the clerk, secretary or other proper officer of a local authority, development corporation, or an incorporated company or body, be that of the principal or registered office of such authority, corporation, company or body, and in any other case shall be the last known address of the person in question. (3)A copy of any such notice or document bearing a certificate of the due posting thereof signed by the person giving the notice or sending the document or by his solicitor, together with a post office receipt for the registered letter containing the notice or document, shall be sufficient evidence that the notice was duly given or that the document was duly sent, as the case may be, to the person to whom such registered, letter was addressed at the address specified therein on the date mentioned in such receipt, which date shall be deemed to be the date of the notice or of the sending of the document, as the case may be. (4)Any such notice or document shall be effectually given or sent notwithstanding that the person to whom it is required or authorised to be given or sent is in pupilarity or minority or otherwise subject to any legal incapacity at the date of the notice or at the date of the sending of the document, as the case may be. 24Provisions regarding heirs of entail, etc. It shall be lawful for all heirs of entail, trustees, judicial factors, tutors and curators, notwithstanding any limitations in their titles, to exercise all powers conferred by this Part of this Act and to execute, register and carry into effect all deeds required to render such powers fully operative, and such deeds shall be binding upon all persons whomsoever interested in the property to which such deeds relate. Interpretation of Part I 25Interpretation of Part I In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively:— " by inheritance " means as a beneficiary under a will or intestacy or as donee under a mortis causa donation ; " casualty" means any grassum, duplicand or other periodical or casual payment stipulated in a lease or a sub-lease to be payable in addition to the annual rent; " heritable securities" and " securities" have the same meaning as in the Conveyancing (Scotland) Act, 1924, except that they include securities constituted by ex facie absolute disposition or assignation ; " intermediate landlord " has the meaning assigned to it by section six of this Act; " landlord " has the meaning assigned to it by section one of this Act; " lease " has the meaning assigned to it by section one of this Act; " lessee " has the meaning assigned to it by section one of this Act; " occupying lessee" has the meaning assigned to it by section one of this Act; " rent " includes rent, tack duty, or other services or prestations to be made under a lease or a sub-lease to the person holding the interest of landlord thereunder; " sub-lease " has the meaning assigned to it by section one of this Act; and " sub-lessee " has the meaning assigned to it by section one of this Act. Part II Extension and Amendment of Registration of Leases (Scotland) Act, 1857 26Extension of 20 and 21 Vict. c. 26 (1)Where a lease registrable under the Registration of Leases (Scotland) Act, 1857, has not been recorded in the Register of Sasines and cannot be found, it shall be lawful to record a copy of such lease in the Register of Sasines under the said Act as if it were the lease if there is endorsed on such copy and recorded therewith a probative declaration signed by the landlord and lessee for the time being and containing— (a)a statement that the lease cannot be found and that the copy is a true copy of the lease ; and (b)the names and designations of the said landlord and lessee (unless such names and designations are set forth in the copy). (2)Where the landlord fails to sign a declaration as provided in the foregoing subsection within two months after he has been called upon to do so, the lessee may present an application to the sheriff craving him to ordain the landlord to sign the declaration within such period as to the sheriff shall seem reasonable; and, if the landlord fails to sign the declaration as so ordained, the sheriff may make an order dispensing with the signature to the declaration of the landlord and directing the sheriff clerk to sign the declaration on behalf of the landlord. (3)Where in pursuance of an order made by the sheriff under this section a declaration is signed by the sheriff clerk on behalf of a landlord, such declaration shall have the like force and effect as if it had been signed by such landlord. (4)Where in pursuance of this section a copy of any lease has been recorded in the Register of Sasines, such lease shall be deemed to have been so recorded on the date of the recording of the said copy. 27Amendment of s. 18 of 20 and 21 Vict. c. 26 (1)Notwithstanding the provisions of section eighteen of the Registration of Leases (Scotland) Act, 1857, (which provides that except as mentioned therein, no lease of lands and heritages shall be held to be registrable under that Act unless the name of the lands of which the subjects let consist or form a part is set forth in such lease and unless the extent of the land let is set forth in such lease and does not exceed fifty acres), no lease shall be held not to be registrable under the said Act by reason only that the name of the lands of which the subjects let consist or form a part is not set forth in such lease or by reason only that the extent of the land let is not set forth in such lease, if there is set forth in such lease a particular description of the subjects let under the lease or a description by reference of the said subjects in accordance with the provisions of the Conveyancing (Scotland) Act, 1874, and the Conveyancing (Scotland) Act, 1924, and there is endorsed on such lease and recorded therewith a probative declaration signed by the landlord and lessee for the time being stating that the extent of the land let does not exceed fifty acres. (2)A lease recorded in the Register of Sasines under the said Act of 1857 before the commencement of this Act shall not be held to have been invalidly recorded by reason only that the name of the lands of which the subjects let consist or form a part is not set forth in such lease or by reason only that the extent of the land let is not set forth in such lease, if there is set forth in such lease a particular description of the subjects let under the lease or a description by reference of the said subjects in accordance with the provisions of the Conveyancing (Scotland) Act, 1874, and the Conveyancing (Scotland) Act, 1924, but any deed relating to the land let under the lease or to any part of such land may be recorded in the Register of Sasines after the commencement of this Act if and only if— (a)such deed contains a declaration that the extent of the land let under the lease does not exceed fifty acres ; or (b)a deed relating to the land let under the lease or to such part thereof, as the case may be, has been recorded in the Register of Sasines after the commencement of this Act in pursuance of this subsection. Part III General 28Applications to sheriff (1)Any dispute arising out of the provisions of this Act shall be referred to the sheriff and determined by him. (2)The decision of the sheriff in any application made to him under this or any other section of this Act shall be final and not subject to review. (3)The sheriff may in any such application make such award of expenses as he thinks proper, or may make no award of expenses. (4)Any such application shall be conducted and disposed of in a summary manner. (5)In this Act any reference to the sheriff shall, in relation to any lease or sub-lease, be construed as a reference to the sheriff within whose jurisdiction the property let under such lease or sub-lease, or any part of such property, is situated. 29Application to Crown This Act shall, subject to the provisions of section four thereof, apply where there is an interest belonging to Her Majesty in right of the Crown or to a Government department or held on behalf of Her Majesty for the purposes of a Government department in like manner as where no such interest subsists. 30Construction of references to enactments Any reference in this Act to any previous enactment shall, except in so far as the contrary intention appears, be construed as a reference to that enactment as amended, extended or applied by any subsequent enactment, including this Act. 31Citation, commencement and extent (1)This Act may be cited as the Long Leases (Scotland) Act, 1954. (2)This Act shall come into operation on the first day of September, nineteen hundred and fifty-four. (3)This Act shall apply to Scotland only. ### 1Proposals for exercise of functions of local authorities as to clearance areas, etc. (1)Subject to the provisions of this section, every local authority shall, within one year after the commencement of this Act, submit to the Minister in such form as the Minister may require proposals for dealing, under Parts II and III of the principal Act or under the following provisions of this Part of this Act, with houses within the district of the authority which appear to the authority to be unfit for human habitation, and with any other houses within that district which are or in the opinion of the authority ought to be included in clearance areas. (2)If in the case of any local authority it appears to the Minister that in view of the high proportion of houses within their district which are unfit for human habitation, or of other exceptional circumstances, it is not reasonably practicable for that authority to submit proposals under the foregoing subsection within the period therein mentioned, he may authorise that authority to submit such proposals within such extended period as he considers appropriate. (3)The Minister may approve proposals submitted by a local authority under this section with or without modifications, and thereafter it shall be the duty of the authority in carrying out their functions under the said provisions of the principal Act and this Part of this Act to have regard to the proposals as so approved, subject to any modifications made by subsequent proposals so approved. (4)A local authority may at any time, and if directed by the Minister shall within the period specified in the direction, submit further proposals for amplifying or modifying any proposals previously submitted by that authority and approved under this section; and subsection (3) of this section shall apply to any such further proposals. (5)A copy of any proposals approved under this section shall be deposited at the offices of the local authority concerned, and shall be open to inspection without charge during ordinary office hours. 2Power to retain for temporary accommodation certain houses in clearance areas (1)Notwithstanding anything in subsection (3) of section twenty-five of the principal Act or in section thirty of that Act, a local authority by whom an area has been declared (whether before or after the commencement of this Act) to be a clearance area under the said section twenty-five may postpone, for such period as may be determined by the authority, the demolition of any houses on land purchased by or belonging to the authority within that area, being houses which in the opinion of the authority are or can be rendered capable of providing accommodation of a standard which is adequate for the time being, and may carry out such works as may from time to time be required for rendering or keeping such houses capable of providing such accommodation as aforesaid pending their demolition. (2)Where the demolition of any houses in a clearance area is postponed under the foregoing subsection, the local authority may also postpone the taking of any proceedings under the said subsection (3) in respect of any buildings (other than houses) within that area; and subsection (2) of section twenty-nine of the principal Act (which limits the period within which compulsory purchase orders may be submitted in respect of land comprised in or surrounded by or adjoining a clearance area) shall not apply to the purchase of any land in the area, other than houses, or to the purchase of any land surrounded by or adjoining the area. (3)Where a local authority are satisfied, in the case of a house on land purchased by or belonging to them within a clearance area, not being a house retained by them for temporary use for housing purposes, that— (a)it is required for the support of a house which is so retained, or (b)there is some other special reason why it should not be demolished for the time being, and the reason is connected with the exercise of the authority's powers under subsection (1) of this section in relation to the clearance area,then, notwithstanding anything in Part III of the principal Act, the authority may retain the house for the time being and shall not be required to demolish it so long as, in the case mentioned in paragraph (a) of this subsection, it is required for the purpose therein referred to, or, in any other case, the said powers are being exercised by the authority in relation to that area; but a house which is retained by virtue of this subsection shall not be included among those referred to in paragraph (a) of subsection (1) of section seven of this Act. (4)The power of a local authority under Part III of the principal Act to purchase land within a clearance area may be exercised, for the purpose of acquiring any house within that area which in the opinion of the authority is or can be rendered capable of providing such accommodation as is mentioned in subsection (1) of this section, or in the case of which it appears to them desirable that it should be retained for either of the purposes mentioned in paragraphs (a) and (b) of the last foregoing subsection, notwithstanding that a clearance order has been made in respect of the house before the commencement of this Act or that any proceedings have been taken in pursuance of such an order; and on the completion of the purchase of any such house, the clearance order shall cease to have effect so far as it relates thereto. (5)An order under section twenty-nine of the principal Act authorising the compulsory purchase by a local authority of any houses within an area declared as a clearance area before the commencement of this Act may, notwithstanding anything in subsection (2) of that section, be submitted to the Minister at any time not later than six months after the approval under section one of this Act of proposals submitted by that authority under subsection (1) of the said section one. 3Power to purchase for temporary accommodation in lieu of making demolition orders (1)In any case where a local authority would be required, apart from this section, to make a demolition order in respect of a house in pursuance of a notice served under subsection (1) of section eleven of the principal Act (which requires local authorities to order the demolition of certain houses unfit for human habitation in the absence of certain undertakings by the owners, or in default of compliance with such undertakings) the authority may, if it appears to them that the house is or can be rendered capable of providing accommodation of a standard which is adequate for the time being, purchase the house in lieu of making such an order. (2)A local authority by whom a house is purchased under this section may carry out such works as may from time to time be required for rendering and keeping it capable of providing such accommodation as aforesaid pending its demolition by the authority. (3)Where a local authority determine to purchase a house under this section, they shall serve notice of the determination on every person upon whom they would be required to serve a copy of a demolition order made in respect of the house under section eleven of the principal Act; and section fifteen of that Act (which provides for an appeal against certain notices and orders under Part II of that Act) shall apply in relation to any such notice as if it were a demolition order. (4)At any time after a notice served under subsection (3) of this section in respect of a house has become operative under subsection (5) of the said section fifteen, the authority may purchase the house by agreement or may be authorised by the Minister to purchase it compulsorily; and the Acquisition of Land (Authorisation Procedure) Act, 1946, shall apply to a compulsory purchase under this section as if this section had been in force immediately before the commencement of that Act. (5)The compensation to be paid for a house purchased compulsorily under this section shall be calculated in accordance with subsection (4) of section sixteen of the principal Act (which regulates the compensation payable for the compulsory purchase under that section of a house unfit for human habitation which cannot be rendered so fit at reasonable expense). 4Postponement of demolition under clearance order in the case of houses let to local authority (1)The following provisions of this section shall have effect, in the case of a house on land in a clearance area which does not belong to the local authority, where the authority are of opinion that the house is or can be rendered capable of providing accommodation of a standard which is adequate for the time being, and that the house ought not to be demolished for the time being but ought to be retained for temporary use for housing purposes. (2)Subject to the next following subsection, the local authority may include in any clearance order made by them under Part III of the principal Act and applying to the house a provision that the demolition of the house in pursuance of the order is to be postponed until the authority determine that the house is no longer required for use for housing purposes; and if such a provision is included, the order shall not fix a period for the vacation of the house as required by paragraph 1 of the Third Schedule to the principal Act (which relates to the form and content of clearance orders). (3)A local authority shall not include in a clearance order such a provision as is mentioned in the last foregoing subsection unless they have acquired, or are satisfied that by the time the clearance order becomes operative they will have acquired, such rights under a tenancy of the house as will enable them to retain the house for use for housing purposes until they determine that it is no longer required for such use and to deal with it in all respects as if it were a house on land in a clearance area belonging to them. (4)In relation to a house to which a clearance order applies with such a provision as is mentioned in subsection (2) of this section— (a)subsection (3) of section twenty-six of the principal Act (which requires a house to be demolished by its owner or owners after a clearance order applying to it has become operative) shall have effect with the substitution for the period therein referred to of such a period not less than six weeks as may, in a notice served by the local authority on the owner or owners of the house as soon as they determine that the house is no longer required for use for housing purposes, be specified as the period within which the authority require the house to be demolished; and (b)section one hundred and fifty-five of the said Act (which contains provisions for the vacation of houses subject to demolition and clearance orders) shall not apply until the local authority determine that the house is no longer required for such use as aforesaid and shall then have effect with the substitution for references to the date by which the order requires the house to be vacated of references to the date of the authority's notice under the foregoing paragraph. 5Power to permit reconstruction of condemned house (1)If an owner of a house in respect of which a demolition order has become operative submits proposals to the local authority for the execution by him of works designed to secure the reconstruction, enlargement or improvement of the house, or of any buildings of which the house is one, and the local authority are satisfied that the result of the works will be the provision of one or more houses fit for human habitation, the authority shall have power to extend for such period as they may specify the time within which the owner or owners of the house are required under subsection (1) of section thirteen of the principal Act to demolish it, in order that the said owner may have an opportunity of carrying out the works. (2)The said time may be further extended by the local authority once or more often as occasion may require, if the works have been begun and appear to the authority to be making satisfactory progress or, though they have not been begun, the authority think there has been no unreasonable delay ; and if the works are completed to the satisfaction of the authority they shall revoke the demolition order without prejudice to any subsequent proceedings under Part II of the principal Act. (3)Where in relation to a house a local authority determine to extend or further extend the time mentioned in subsection (1) of this section, notice of the determination shall be served by the authority on every person having an interest in the house, whether as freeholder, mortgagee, lessee or otherwise. 6Licences for temporary occupation of houses subject to existing demolition or clearance orders (1)If it appears to a local authority that any house in respect of which a demolition order or clearance order had been made by that authority under Part II or Part I11 of the principal Act before the commencement of this Act is capable of providing accommodation of a standard which is adequate for the time being, they may grant to the person who, but for the said order, would be entitled to authorise the occupation of the house a licence permitting the occupation of the house during such period as may be specified in the licence by such number of persons and on such terms as to the rent, repairs and other conditions on which the house may be occupied as may be so specified. (2)While a licence granted under this section is in force in respect of a house, section one hundred and fifty-five of the principal Act (which contains provisions for the vacation of houses subject to demolition and clearance orders) shall not apply thereto. (3)Where a licence in force under this section specifies a maximum rent in respect of a house, then, notwithstanding any order or direction for the time being in force under section seven of the Agricultural Wages Act, 1948, the value at which the house may be reckoned for the purposes of a minimum rate of wages fixed under that Act shall not exceed the maximum rent so specified. (4)Any licence granted by a local authority under this section may be revoked by that authority at any time, and shall be so revoked if it appears to the authority that the house is no longer capable of providing such accommodation as aforesaid; and every such licence shall, unless previously revoked, cease to have effect at the expiration of the period of three years beginning with the commencement of this Act, or of such extended period as the Minister may in any particular case allow in pursuance of an application made by the local authority within the said period of three years. (5)On the revocation or determination of a licence granted under this section in respect of a house subject to a demolition order, the local authority may, if they think fit, revoke the demolition order and purchase the house under section three of this Act as if that order had not been made ; and in relation to such a purchase, the said section three shall apply as if subsection (3), and in subsection (4) the words from the beginning to " section fifteen ", were omitted. (6)Subsection (4) of section two of this Act shall not apply to any house subject to a clearance order so long as a licence in respect of the house is in force under this section ; and in calculating the period during which a compulsory purchase order for the purchase of such a house may be submitted under subsection (5) of the said section two, any time during which such a licence was in force in respect of the house shall be disregarded. (7)Regulations 68A and 68AA of the Defence (General) Regulations, 1939, are hereby revoked ; but any licence in force under those regulations in respect of a house immediately before the commencement of this Act shall continue in force and have effect as if granted under this section, and may be revoked thereunder accordingly. Exchequer contributions, etc. 7Exchequer contributions towards expenses of local authorities in buying houses for temporary occupation (1)The Minister may out of moneys provided by Parliament make such contributions as are authorised by this section towards expenditure incurred by local authorities in respect of houses approved by the Minister for the purposes of this section, being— (a)houses of which the demolition is postponed under section two of this Act or in relation to which a clearance order has been made with such a provision as is mentioned in section four of this Act; or (b)houses purchased under section three of this Act or under that section as applied by section six of this Act. (2)Subject to the following provisions of this section, the contributions payable by the Minister in respect of any house shall be as follows, that is to say:— (a)in the case of a house purchased by the local authority, an annual payment equal to one-half of the annual loan charges referable to the cost of the purchase, payable for each financial year during the whole or part of which the house or any part of the house is used for housing purposes with the approval of the Minister; and (b)in any case an annual payment of three pounds or, in the case of a house containing at the date on which the house is approved for the purposes of this section more than one separate dwelling, of the said sum for each such dwelling, payable for fifteen years from the said date:Provided that the Minister may from time to time by order direct that paragraph (b) of this subsection shall have effect, in relation to houses approved after the date on which the order comes into force, as if for the sum therein specified there were substituted such higher or lower sum as may be specified in the order. (3)If it appears to the Minister that the expenditure incurred as a whole by a local authority in the repair, improvement and maintenance of houses approved by the Minister for the purposes of this section is unduly low having regard to the amount of the contributions for the time being payable in respect of those houses under paragraph (b) of subsection (2) of this section, he may withhold the whole or any part of the contributions payable under that paragraph to that authority. (4)An order of the Minister under subsection (2) of this section shall be of no effect until it is approved by a resolution of the Commons House of Parliament. (5)For the purposes of the principal Act the expression " Exchequer contribution " shall include any contribution payable by the Minister to a local authority under this section. (6)For the purposes of this section the annual loan charges referable to the cost of a purchase shall (whatever may be the manner in which the local authority have provided or intend to provide the money required for the purchase) be the annual sum which, in the opinion of the Minister, would fall to be provided by the local authority for the payment of interest on, and the repayment of, an amount of borrowed money equal to the said cost, being money the period for the repayment of which is sixty years. 8Local authorities' contributions (1)A local authority to whom contributions are payable by the Minister in respect of a house under section seven of this Act shall make out of the general rate fund for each financial year a contribution of an amount equal to the contributions so payable by the Minister for that year in respect of the house. (2)The Minister may from time to time by order direct that the foregoing subsection shall have effect, in relation to houses approved by him for the purposes of the said section seven after the date on which the order comes into force, as if for the reference to an amount equal to the contributions so payable by the Minister as aforesaid there were substituted a reference to an amount bearing such proportion to the said contributions as may be specified in the order. An order of the Minister under this subsection shall be of no effect until it is approved by a resolution of the Commons House of Parliament. (3)Subsection (1) of section one hundred and twenty-nine of the principal Act (which relates to credits and debits in the housing revenue account) and subsection (2) of section one hundred and thirty of that Act (which relates to the disposal of balances in that account) shall have effect as if any reference to the contributions referred to in the Eighth Schedule to that Act included a reference to contributions payable under this section. Standard of fitness for human habitation, and provisions connected therewith 9Standard of fitness for human habitation (1)In determining for any of the purposes of the principal Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say— (a)repair; (b)stability; (c)freedom from damp ; (d)natural lighting; (e)ventilation; (f)water supply; (g)drainage and sanitary conveniences ; and (h)facilities for storage, preparation and cooking of food and for the disposal of waste water ;and the house shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition. (2)The provisions of the foregoing subsection shall be without prejudice to section twenty-two of the principal Act (which provides that certain back-to-back houses are to be deemed for the purpose of that Act to be unfit for human habitation). (3)The following enactments shall cease to have effect, that is to say:— (a)subsection (4) of section one hundred and eighty-eight of the principal Act (which requires account to be taken of local byelaws in determining whether a house is fit for human habitation); and (b)so much of any local enactment as specifies defects by reason of which a house is to be deemed for the purposes of section nine of that Act not to be in all respects fit for human habitation, or regulates the matters to be taken into consideration on an appeal under section fifteen of that Act in respect of a notice requiring the execution of works to remedy any defects so specified. 10Recovery by lessees of proportion of expenses incurred in rendering houses fit for human habitation (1)Where any person who incurs expenditure in complying with a notice under section nine of the principal Act requiring the execution of works for rendering a house fit for human habitation, or in defraying expenses incurred by a local authority under section ten of that Act in carrying out such works, is a lessee of the house or the agent of such a lessee, the lessee may recover from the lessor under the lease such part (if any) of that expenditure as may, in default of agreement between the parties, be determined by the county court to be just having regard— (a)to the obligations of the lessor and the lessee under the lease with respect to the repair of the house, (b)to the length of the unexpired term of the lease, (c)to the rent payable under the lease, and (d)to all other relevant circumstances. (2)Where a person from whom any sum is recoverable under the foregoing subsection is himself a lessee of the house, the provisions of that subsection shall apply as if any sum so recoverable from him were expenditure incurred as mentioned in that subsection. (3)The foregoing provisions of this section shall not apply in relation to any expenditure in respect of which a charging order is in force under section twenty of the principal Act, or in respect of which an application for such an order is for the time being pending. (4)In this section " lease " includes an under-lease and any tenancy or agreement for a lease, under-lease or tenancy, and the expressions " lessee" and " lessor" shall be construed accordingly. 11Houses let in lodgings : securing fitness for occupation by number of families accommodated (1)Where it appears to a local authority, in the case of a house within their district, or of part of such a house, which is let in lodgings or occupied by members of more than one family, that with respect to any such matters as are specified in paragraphs (d) to (h) of subsection (1) of section nine of this Act the premises are so far defective, having regard to the number of individuals or households, or both, accommodated for the time being on the premises, as not to be reasonably suitable for occupation by those individuals or households, the authority may, without prejudice to any other powers exercisable in relation to the house under the principal Act or this Part of this Act, serve on the person having control of the house (as defined for the purposes of Part II of the principal Act) a notice— (a)specifying the works which in the opinion of the authority are required for rendering the premises reasonably suitable for such occupation as aforesaid; and (b)requiring that person, in default of the execution of those works within a period specified in the notice, to take such steps as are reasonably open to him (including if necessary the taking of legal proceedings) for securing that the number of individuals accommodated on the premises, or the number of households accommodated there, or both, is limited in any manner so specified. (2)Nothing in the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939, shall prevent possession being obtained of any house or part of a house possession of which is required for the purpose of complying with a requirement under paragraph (b) of the foregoing subsection. (3)A person who fails to comply with any requirement of a notice under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five pounds; and if the failure continues after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding two pounds for every day on which the failure so continues. (4)Section fifteen of the principal Act (which provides for an appeal against certain notices and orders under Part I1 of that Act) shall apply in relation to a notice under this section as it applies in relation to a notice under the said Part II requiring the execution of works. (5)The following enactments shall cease to have effect, that is to say:— (a)section six of the principal Act (which enables local authorities to make byelaws with respect to working class houses, including byelaws restricting the letting of such houses for occupation by members of more than one family); (b)section one hundred and fifty-five of the Public Health (London) Act, 1936 (which provides for the making of byelaws for fixing the number of persons who may occupy a house in London which is occupied by members of more than one family, and for other purposes therein mentioned); and (c)so much of any local enactment as amends, extends or applies the said section six or section ninety of the Public Health Act, 1875, section twenty-six of the Housing, Town Planning, &c. Act, 1919, or section six of the Housing Act, 1925, or confers powers to make byelaws for purposes specified in those sections respectively. 12Houses let in lodgings : prevention of overcrowding (1)If it appears to a local authority, in the case of a house within their district, or of part of such a house, which is let in lodgings or occupied by members of more than one family, that excessive numbers of persons are being accommodated on the premises having regard to the rooms available, the authority may serve on the occupier of the premises or on any person having the control and management thereof, or on both, a notice— (a)stating, in relation to any room on the premises, what is in the authority's opinion the maximum number of persons by whom it is suitable to be occupied as sleeping accommodation at any one time, or, as the case may be, that it is in their opinion unsuitable to be occupied as aforesaid; and (b)informing him of the effect of subsection (3) of this section. (2)For the purposes of paragraph (a) of the foregoing subsection a notice may, in relation to any room, prescribe special maxima applicable in any case where some or all of the persons occupying the room are under such age as may be specified in the notice. (3)Any person who has been served with a notice under this section shall be guilty of an offence if, after the notice has become operative,— (a)he causes or knowingly permits any room to which the notice relates to be occupied as sleeping accommodation otherwise than in accordance with the notice; or (b)he causes or knowingly permits to be accommodated on the premises such a number of persons that it is not possible, without contravention of the foregoing paragraph or the occupation as sleeping accommodation of some part of the premises for which a maximum is not specified under paragraph (a) of subsection (1) of this section, to avoid persons of opposite sexes and over the age of twelve years (other than persons living together as husband and wife) occupying sleeping accommodation in the same room. (4)Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding five pounds and, where the offence of which he was convicted continues after conviction, to a further fine not exceeding two pounds for every day for which the offence so continues. (5)Section fifteen of the principal Act (which provides for an appeal against certain notices and orders under Part II of that Act and determines the date on which a notice or order is to become operative) shall apply in relation to a notice under this section as it applies in relation to a notice under the said Part II requiring the execution of works; and in section one hundred and fifty-seven of that Act (which confers powers of entry for purposes connected with housing) the reference in paragraph (d) to Part IV of the Act shall include a reference to this section. (6)Where a local authority has served a notice under this section in respect of any premises, they may at any time withdraw the notice, without prejudice to anything done in pursuance thereof or to the service of another notice, or, if there is any material change of circumstances, they may substitute for the notice a further notice under this section ; and, where a notice is withdrawn, subsection (3) of this section shall cease to apply in relation to the premises, without prejudice to its further application if a subsequent notice is served in respect of the same premises. (7)The powers exercisable by a local authority under this section shall be without prejudice to those conferred by the last foregoing section, and nothing in this section shall be taken as prejudicing the provisions of Part IV of the principal Act (which relates to overcrowding in separate dwelling-houses). 13Powers of local authorities for enforcement of notices under s. 9 of principal Act The power of a local authority under subsection (6) of section ten of the principal Act to appoint a receiver to enforce the payment of expenses incurred under that section by the authority in carrying out works for rendering a house fit for human habitation on the default of the person having control of the house, and interest thereon, shall be exercisable at any time after the expiration of one month from the date of the service under subsection (3) of that section of a demand for those expenses. Miscellaneous amendments of Housing Acts 14Amendments as to clearance orders and compulsory purchase orders under principal Act (1)The provisions of the First Schedule to this Act shall have effect with respect to the procedure for making clearance orders and certain compulsory purchase orders under the principal Act. (2)The powers of acquiring land comprised in or surrounded by or adjoining a clearance area conferred by Part III of the principal Act shall not be restricted by the fact that buildings within that area have been demolished since the area was declared to be a clearance area. (3)Where a local authority are authorised to purchase compulsorily any house to be used for housing purposes under this Part of this Act or under Part V of the principal Act, and have acquired the right to enter on and take possession of the house by virtue of having served notice under paragraph 3 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) Act, 1946, or section one hundred and forty-five of the principal Act, as the case may be, the authority may, instead of exercising that right by taking actual possession of the house, proceed by serving notice on any person then in occupation of the house or any part thereof authorising him to continue in occupation upon terms specified in the notice, or on such other terms as may be agreed ; and accordingly, where the authority proceed in the manner authorised by this subsection,— (a)the like consequences shall then ensue, with respect to the determination of the rights and liabilities of any person arising out of any interest of his in the house or any part thereof, as would have ensued if the authority had taken actual possession on the date of the notice, and the authority may deal with the premises in all respects as if they had done so; and (b)for the purposes of section one hundred and twenty-one of the Lands Clauses Consolidation Act, 1845 (which provides for payment of compensation to persons entitled to possession under short tenancies who are required to give up possession), any person who by virtue of this subsection ceases to be entitled to receive rent in respect of any premises shall be deemed to have been required to give up possession thereof. 15Provisions relating to Housing Revenue Accounts (1)Section one hundred and twenty-eight of the principal Act (which requires local authorities to keep a housing revenue account in respect of certain houses, buildings, land and dwellings therein mentioned) shall have effect as if the houses therein mentioned included any house purchased by a local authority under section sixteen of that Act and any house approved by the Minister for the purposes of section seven of this Act; and any reference in section one hundred and twenty-nine of that Act (which relates to credits and debits in housing revenue accounts) to such houses, buildings, land and dwellings as are mentioned in the said section one hundred and twenty-eight shall be construed accordingly. (2)A local authority shall in any financial year debit to their housing revenue account amounts equal to the loan charges which they are liable to pay for that year in respect of moneys borrowed for the purpose of purchasing any houses to which the foregoing subsection applies, or in respect of moneys borrowed for the purpose of carrying out works on such houses. 16Amendments of Housing Act, 1949 (1)Notwithstanding anything in paragraph (a) of subsection (2) of section fifteen of the Housing Act, 1949, or in paragraph (a) of subsection (3) of section twenty of that Act (which preclude the approval by the Minister of improvement proposals, or the approval by a local authority of an application for an improvement grant, unless the period for which the dwellings concerned are likely to provide satisfactory housing accommodation is not less than thirty years), the Minister or a local authority, as the case may be, may approve any such proposals or application if satisfied that the said period is likely to be more than fifteen years and that it is expedient in all the circumstances that the proposals or application should be approved. (2)Paragraph (c) of subsection (3) of the said section twenty (which precludes the approval by a local authority of an application for an improvement grant unless the applicant has an absolute interest in the land or a leasehold interest with not less than thirty years to run) shall have effect as if for the reference to a period of not less than thirty years there were substituted a reference to whichever is the shorter of the following two periods, that is to say— (a)thirty years; or (b)a period equal to that for which the dwellings concerned will provide satisfactory housing accommodation. (3)Where an application for an improvement grant is approved under the said section twenty in respect of a dwelling which in the opinion of the local authority is not likely to provide satisfactory housing accommodation for a period exceeding twenty years from the completion of the works, the authority may by order direct that in relation to that dwelling subsection (1) of section twenty-three of the said Act (which applies to dwellings in respect of which such grants are made certain conditions specified therein for a period of twenty years) shall have effect as if for the period of twenty years therein mentioned there were substituted such shorter period as may be specified in the order. (4)So much of subsection (4) of the said section twenty as prohibits the entertaining of an application for an improvement grant under that section where the estimated expenses of the works, or the relevant proportion of those expenses, exceeds the maximum amount therein specified shall cease to have effect; but without prejudice to subsection (1) of section twenty-one of the said Act (which limits the amount of an improvement grant to a sum not exceeding one-half of the approved expenses of executing the works) the amount which may be paid by way of an improvement grant under the said section twenty in respect of expenses incurred for the purposes of the execution of any improvement works shall not exceed four hundred pounds, or such other amount as may for the time being be prescribed by regulations under Part II of the Housing Act, 1949, for each dwelling provided or improved by the works:Provided that if the local authority, with the concurrence of the Minister, are satisfied in the case of any particular application that in all the circumstances of the case there is good reason for the payment of a higher amount than the amount authorised under this subsection, the amount of the grant to be made in pursuance of the application may be increased (notwithstanding anything in subsection (1) of the said section twenty-one) by such amount as may be determined by the authority with the consent of the Minister when they approve the application. (5)It is hereby declared that estimates under subsection (2) of the said section twenty of expenses to be incurred for the purposes of the execution of improvement works may include the cost of the employment in connection with the works of an architect, engineer, surveyor, land agent or other person in an advisory or supervisory capacity. (6)A local authority in fixing under section twenty-two of the said Act the rent for a dwelling in respect of which an improvement grant is to be made under that Act shall have regard to the age of the building, to the character and condition of the dwelling after the carrying out of the proposed improvement works, and to the cost of those works. (7)In paragraph (b) of subsection (1) of section twenty-three of the said Act (under which a dwelling, in respect of whose provision or improvement a grant has been made under section twenty of that Act, must for twenty years remain let or available for letting at a maximum rent specified in that subsection except when occupied by the applicant for the grant or his devisee) for the reference to the person to whom the interest of the applicant in the dwelling has been devised by him there shall be substituted a reference to a person who on the death of the applicant with or without having disposed of that interest by will has become beneficially entitled to, or to an interest in, that interest or the proceeds of sale thereof. This subsection shall have effect in relation to any dwelling, whether the improvement grant in respect of it was made before or after the commencement of this Act. (8)Sub-paragraph (ii) of paragraph (c) of subsection (1) of section twenty-three of the said Act (under which the maximum rent payable for a dwelling in respect of which an improvement grant has been made under that Act is in certain cases determined by reference to a percentage of so much of the cost of improvement as is not set off by the grant) shall have effect, in relation to improvement works completed after the eleventh day of November, nineteen hundred and fifty-three, as if for the words "six per cent." there were substituted the words “eight per cent.”. 17Powers of local authorities in connection with lending money for housing purposes A local authority by whom money has been advanced (whether before or after the commencement of this Act) on the mortgage of a house in pursuance of any enactment shall have power, and shall be deemed always to have had power, to accept the deposit by the mortgagor of sums estimated to be required for the maintenance or repair of the mortgaged premises, and to pay interest on sums so deposited. 18Default powers of county councils (1)An order made under subsection (1) of section one hundred and sixty-nine of the principal Act (which enables the council of a county in certain circumstances to make an order declaring the council of a rural district within the county to be in default and transferring to themselves powers of such a council) shall not come into force— (a)in any case, until the expiration of a period of twenty eight days beginning with the date on which the order is made; (b)in a case where an appeal is brought under this section, unless and until the order is confirmed on the appeal. (2)The council of a rural district may, at any time within the period mentioned in paragraph (a) of the foregoing subsection, by notice in writing appeal to the Minister against any order made with respect to that council under the said section one hundred and sixty-nine ; and in any such case the Minister shall give to the councils of the rural district and of the county, and to any other authority or person appearing to him to be interested, an opportunity to appear before and be heard by a person appointed by the Minister for the purpose, and may either confirm the order with or without modification or quash the order. 19Extension of period for use of open spaces for temporary housing accommodation (1)Subject to the provisions of this section, an authorisation in force at the commencement of this Act under section one of the Housing (Temporary Accommodation) Act, 1945 ;(which enables the Minister to authorise the use of open spaces during a limited period for temporary housing accommodation), may, notwithstanding anything in subsection (3) of that section, be extended by order of the Minister so as to determine (unless previously revoked) on any date not later than the end of the year nineteen hundred and sixty-five. (2)Not more than one order shall be made under this section in respect of any one authorisation; and before making an order under this section for extending any authorisation for a period exceeding five years, the Minister shall cause a local enquiry to be held. (3)Every local authority who at the commencement of this Act are using land for providing housing accommodation in pursuance of such an authorisation as aforesaid shall within six months after the commencement of this Act submit to the Minister in such form as the Minister may require proposals for the exercise of the functions of the authority under Part V of the principal Act with a view to the re-housing elsewhere of persons occupying housing accommodation on that land. (4)The Minister may approve the proposals submitted by a local authority under subsection (3) of this section with or without modifications, and thereafter it shall be the duty of the authority to exercise their said functions in accordance with the proposals as so approved. Supplemental 20Management of houses retained by local authorities for temporary occupation (1)In respect of any houses purchased or retained by a local authority under section two, section three or section four of this Act for temporary use for housing purposes, the authority shall have the like powers as they have in respect of houses provided under Part V of the principal Act. (2)Section two of the principal Act (which implies in certain contracts for the letting of houses for human habitation a condition that the house is and will be kept by the landlord reasonably fit for human habitation) shall not apply to a contract for the letting by a local authority of any house purchased or retained by the authority as mentioned in subsection (1) of this section. 21Application of Part I to London (1)The proposals to be submitted under section one of this Act in respect of any metropolitan borough shall be submitted jointly by the London County Council and the council of the borough. (2)Paragraph (a) of the proviso to section thirty-three of the principal Act (which restricts the power of the council of a metropolitan borough to declare an area a clearance area pending the decision of the London County Council) shall cease to have effect. (3)In the application of section eight of this Act to the London County Council, the reference in subsection (1) of that section to the general rate fund shall be construed as a reference to the county fund. 22Interpretation and construction of Part I (1)In this Part of this Act (including the First Schedule thereto) the expression " the principal Act" means the Housing Act, 1936. (2)Any reference in this Part of this Act (except in section five) to a demolition order under Part II of the principal Act shall be construed as including a reference to a closing order made in lieu of or in substitution for a demolition order by virtue of section ten or section eleven of the Local Government (Miscellaneous Provisions) Act, 1953. (3)This Part of this Act shall be construed as one with the principal Act; and without prejudice to the foregoing provision— (a)any reference in the principal Act to an enactment contained in that Act shall be construed as a reference to that enactment as amended by this Part of this Act; (b)any reference in that Act to Part II or Part III of that Act shall be construed as including a reference to section three of this Act, or to section two of this Act, as the case may be. Part II Repairs Increase in respect of Controlled Dwelling-houses and other Amendments of the Rent Acts, etc. Repairs Increase 23Repairs increase for dwelling-house in good repair (1)Where a dwelling-house is let under a controlled tenancy or occupied by a statutory tenant, and the landlord is responsible, wholly or in part, for the repair of the dwelling-house, then, subject to the provisions of this Part of this Act.— (a)if and so long as the following conditions (hereinafter referred to as " the conditions justifying an increase of rent ") are fulfilled, that is to say— (i)that the dwelling-house is in good repair; and (ii)that it is reasonably suitable for occupation having regard to the matters specified in paragraphs (b) to (h) of subsection (1) of section nine of this Act; and (b)if in accordance with the Second Schedule to this Act the landlord has produced satisfactory evidence that work of repair to the value specified in that Schedule has been carried out on the dwelling-house during the period so specified,the rent recoverable from the tenant shall be increased by virtue of this subsection so as to exceed by the amount hereinafter mentioned the rent which apart from this subsection would be recoverable from the tenant under the terms of the tenancy or statutory tenancy and having regard to the provisions of any enactment. (2)The amount of any increase payable by virtue of the last foregoing subsection (which increase is hereinafter referred to as a " repairs increase ") shall be at the annual rate of twice the statutory repairs deduction for the dwelling-house in respect of which the rent is payable:Provided that where the landlord is responsible in part only for the repair of the dwelling-house, the amount of the repairs increase shall be reduced proportionately. (3)The foregoing provisions of this section shall not apply if— (a)the standard rent of the dwelling-house is such as is mentioned in paragraph (a) or (b) of subsection (1) of section one of the Act of 1949 (which relates to standard rents fixed by reference to lettings beginning after the first day of September, nineteen hundred and thirty-nine); or (b)the rent for the dwelling-house, or a property comprising the dwelling-house, has at any time been fixed under section twenty-two of the Housing Act, 1949 (which section requires local authorities to fix rents for dwellings provided or improved with the aid of grants made by such authorities under that Act); or (c)on the sale of the dwelling-house or any such property as aforesaid by a local authority a condition was imposed by the authority under section three of the Housing Act, 1952, limiting the rent at which the house might be let during a period from the completion of the sale; or (d)the standard rent of the dwelling-house is a rent determined under section thirty-four of this Act. (4)In this Part of this Act the expression " statutory repairs deduction ", in relation to a dwelling-house of any gross value specified in the first column of Part I of the Third Schedule to this Act (if the dwelling-house is in the administrative county of London) or of Part II of that Schedule (if the dwelling-house is elsewhere), means the corresponding amount specified in the second column of the said Part I or Part II. (5)Any question arising under the foregoing provisions of this section whether the landlord is responsible for repairs or as to the amount of any reduction under the proviso to subsection (2) of this section shall be determined by agreement in writing between the landlord and the tenant or, on the application of either of them, by the county court. 24Rent not to be increased above twice gross value (1)If the rent recoverable in respect of any period, apart from any repairs increase and excluding the amounts mentioned in subsection (3) of this section, equals or exceeds twice the gross value of the dwelling-house, no sum shall be recoverable in respect of that period by way of repairs increase. (2)Where apart from this subsection the amount recoverable by way of repairs increase in respect of any period would be such as to bring the rent recoverable in respect of that period, including the increase but excluding the amounts mentioned in the next following subsection, above twice the gross value of the dwelling-house, the amount recoverable as aforesaid shall be reduced so that the said rent recoverable by the landlord in respect of that period is equal to twice the gross value. (3)The amounts to be excluded as aforesaid are the following:— (a)any amount payable by the landlord in respect of the period in question for rates (including water rents and charges) chargeable on, or which but for the provisions of any Act would be chargeable on, the occupier; (b)any part of the rent recoverable for the period in question which may have been agreed in writing between the landlord and the tenant or a former tenant of the dwelling-house (whether the agreement was made before or after the beginning of the tenancy or former tenancy), or at any time determined by the tribunal constituted under the Act of 1946 for the district in which the dwelling-house is situated, to represent payment for furniture or services used or provided under the terms of the tenancy or statutory tenancy current during the period in question; (c)any amount recoverable for the period in question by virtue of paragraph (a) of subsection (1) of section two of the Act of 1920 (which allows increases of rent in respect of improvements, structural alterations, and additional or improved fixtures or fittings). (4)Subsection (2) of section seven of the Act of 1938 (which relates to the ascertainment of the amount payable by the landlord for rates) shall apply for the purposes of this section as it applies for the purpose of computing the increase of rent permissible under paragraph (b) of subsection (1) of section two of the Act of 1920. (5)In this section references to the gross value of a dwelling-house shall be construed, in relation to any period longer or shorter than a year, as references to the gross value thereof increased or reduced, as the case may require, in the proportion which the period bears to a year. 25Notice and declarations preliminary to recovery of repairs increase (1)No sum shall be recoverable by way of repairs increase unless the landlord has served on the tenant or a former tenant of the dwelling-house a notice in the prescribed form of his intention to increase the rent (hereinafter referred to as a " notice of increase "), accompanied by— (a)a declaration in the prescribed form that at the date of service of the notice the conditions justifying an increase of rent were fulfilled ; and (b)a declaration in the prescribed form such as is mentioned in the Second Schedule to this Act;and no such sum shall be recoverable before, or in respect of any period before, such date as may be specified in the notice. (2)The date specified in a notice of increase shall not be earlier than six clear weeks after the service of the notice. (3)The forms prescribed for the purposes of this section shall be such as, taken together, to contain such information as appears to the Minister expedient for informing the tenant of the effect of this Act and in particular of the circumstances in which the repairs increase is recoverable from or may be withheld by the tenant, and of the way in which the amount of the increase is calculated. (4)The county court, if satisfied that any error or omission in a notice of increase or a declaration accompanying such a notice is due to a bona fide mistake on the part of the landlord, shall have power to amend the notice or declaration by correcting any errors or supplying any omissions therein which, if not corrected or supplied, would render the notice or declaration invalid, and may exercise the said power on such terms and conditions as respects arrears of rent or otherwise as appear to the court to be just and reasonable ; and a notice or declaration amended by virtue of this subsection shall have effect as a valid notice or declaration served on such date, not earlier than the date on which the original notice was served nor later than the date of amendment, as the court may direct. 26Determination whether conditions fulfilled to justify increase of rent (1)On the service of a notice of increase under the last foregoing section or at any subsequent time, the tenant of the dwelling-house to which the notice relates may apply to the local authority for a certificate that either or both of the conditions justifying an increase of rent are not fulfilled; and the local authority, if satisfied that the dwelling-house fails to fulfil either or both of the conditions, shall certify accordingly in the prescribed form and the certificate shall be deemed to have been in force as from the application therefor. (2)Where the local authority have granted a certificate under the last foregoing subsection and the tenant has served a copy of the certificate on the landlord, then during or in respect of any period during which the certificate is in force no sum shall be recoverable by way of repairs increase in respect of the dwelling-house ; but if the landlord, in proceedings for the recovery of such a sum, satisfies the court that at the time when the certificate was given the conditions justifying an increase of rent were fulfilled, the court shall order that the certificate shall cease to be in force. (3)Where an order is made under the last foregoing subsection as respects a certificate, it shall be deemed never to have been in force:Provided that the court may, if it appears just so to do by reason of undue delay by the landlord in bringing the proceedings, order that it shall be deemed to have been in force until such date as may be specified in the order. (4)Where after the giving of a certificate under subsection (1) of this section the landlord has executed to the satisfaction of the local authority such work as requires to be executed in order that the dwelling-house shall fulfil both the conditions justifying an increase of rent, the local authority shall on the application of the landlord revoke the certificate. (5)Where on an application under the last foregoing subsection the local authority have refused to revoke a certificate, then if in proceedings for the recovery of any sum by way of repairs increase the landlord satisfies the court that at the time of the application both the conditions justifying an increase of rent were fulfilled the court shall order that the certificate shall cease to be in force and may order that it shall be deemed not to have been in force after such date, not earlier than the date of the application, as the court may specify. (6)On any application under subsection (1) or subsection (4) of this section there shall be paid to the local authority such fee not exceeding one shilling as the local authority may determine ; but where on an application under the said subsection (1) the local authority grant a certificate the applicant shall be entitled to deduct the fee from any subsequent payment of rent to the landlord. 27Application of last foregoing section to certain increases under Rent Acts (1)The provisions of the last foregoing section shall apply to increases of rent permitted by paragraph (c) or (d) of subsection (1) of section two of the Act of 1920 (which allow additions of fifteen and twenty-five per cent. respectively of the net rent) and, as so applied, shall have effect in substitution for the provisions of the Rent Acts preventing the recovery of such increases, but subject to the modifications that— (a)for the reference to a repairs increase there shall be substituted a reference to any such increase as aforesaid ; and (b)for the reference to the service of a notice of increase under section twenty-five of this Act there shall be substituted a reference to the service of a notice of increase in accordance with the provisions in that behalf of the Rent Acts. (2)Notwithstanding the repeals effected by this Act— (a)any certificate of a sanitary authority under the Rent Acts that a dwelling-house is not in a reasonable state of repair shall, if in force immediately before the commencement of this Act, continue in force and have effect as if it were a certificate of the local authority given under this Part of this Act that the dwelling-house fails to fulfil both the conditions justifying an increase of rent; and (b)any order of the court under the Rent Acts suspending an increase under paragraph (c) or paragraph (d) of subsection (1) of section two of the Act of 1920 until the court is satisfied that the necessary repairs have been executed shall, if in force immediately before the commencement of this Act, continue in force. 28Passing on of repairs increase to sub-tenant (1)Where— (a)the landlord of a dwelling-house is entitled to recover from the tenant of the dwelling-house in respect of any period any sum by way of repairs increase or under the following provisions of this section, and (b)the tenant had or will have during that period a subtenant of premises (hereinafter referred to as " the subtenant's dwelling-house ") being or comprised in the dwelling-house mentioned in paragraph (a) of this subsection, and the sub-tenant is either sub-tenant under a controlled tenancy or a statutory tenant,the rent recoverable from the sub-tenant in respect of that period shall be increased by virtue of this section so as to exceed by the amount set out in the next following subsection the rent which apart from this section would be recoverable from the sub-tenant under the terms of his tenancy or statutory tenancy and having regard to the provisions of any enactment. (2)The said amount is— (a)where the sub-tenant's dwelling-house is the whole of the dwelling-house mentioned in paragraph (a) of the last foregoing subsection, an amount equal to the sum mentioned in the said paragraph (a); (b)where the sub-tenant's dwelling-house is part only of the dwelling-house mentioned in the said paragraph (a), an amount equal to the just proportion of the said sum;and for the purposes of this subsection the just proportion of any sum shall be determined by agreement in writing between the tenant and the sub-tenant or, on the application of either of them, by the county court. (3)The foregoing provisions of this section shall be without prejudice to any right of the tenant to recover from the sub-tenant any sum by way of repairs increase under section twenty-three of this Act; but— (a)any sum recoverable from the sub-tenant under this section shall be limited so as to secure that the annual amount thereof, together with the annual amount of any sum recoverable from the sub-tenant by way of repairs increase under section twenty-three of this Act, shall not exceed twice the statutory repairs deduction for the sub-tenant's dwelling-house ; (b)section twenty-four of this Act shall apply as between the tenant and the sub-tenant as if the references in that section to any repairs increase or amount recoverable by way of repairs increase included respectively references to any increase under this section and any sum recoverable from the sub-tenant under this section. (4)Section twenty-six of this Act shall with the necessary modifications apply to sums recoverable under this section as it applies to sums recoverable by way of repairs increase. (5)Where, at the time at which a notice was served on the tenant under subsection (1) of section twenty-five of this Act, the tenant had a sub-tenant of the sub-tenant's dwelling-house, no sum shall be recoverable from the sub-tenant under this section unless the tenant has served on the sub-tenant or a former subtenant of that dwelling-house a notice in the prescribed form of the tenant's intention to increase the rent. Any form prescribed for the purposes of this subsection shall contain such information as appears to the Minister expedient for informing the sub-tenant of the effect of the notice ; and subsection (4) of the said section twenty-five shall apply to the form of any such notice. (6)Any notice under the last foregoing subsection shall specify a date, not earlier than two clear weeks after the service of the notice, and not earlier than the beginning of the earliest period in respect of which the repairs increase is recoverable from the tenant, as the date on which the increase under this section is to begin; and no sum shall be recoverable on account of the increase under this section before, or in respect of any period before, that date. 29Repairs increase not to be payable twice over Where apart from this section a tenant would by virtue of any covenant or agreement (however expressed) affecting a controlled tenancy be under an obligation to pay any increase of rent in consequence of the foregoing provisions of this Part of this Act, then without prejudice to the recovery from him of any increase under this Act he shall be relieved from that obligation. 30Responsibility of landlord for repairs (1)For the purposes of this Part of this Act and the Second Schedule thereto and of paragraph (d) of subsection (1) of section two of the Act of 1920 the landlord shall be deemed, as between himself and the tenant, to be wholly responsible for the repair of a dwelling-house in any case where the tenant is under no express liability to carry out any repairs. (2)Subject to the provisions of the last foregoing subsection,— (a)the landlord shall be deemed for the purposes aforesaid to be responsible, as between himself and the tenant, for any repairs which he is under an express liability to carry out, and for any other repairs (whether of the dwelling-house or of other premises) from time to time required for securing that the dwelling-house is in good repair, not being repairs which the tenant is under an express liability to carry out; and (b)the extent to which the landlord is to be deemed responsible as aforesaid for the repair of the dwelling-house shall be determined by the proportion which the burden of carrying out the repairs for which the landlord is deemed to be responsible bears to the burden of carrying out all the repairs required for securing that the dwelling-house is in good repair, together with any other repairs which either the landlord or the tenant is under an express liability to carry out. (3)Where neither the landlord nor the tenant is under an express liability to carry out internal decorative repairs, then if not later than the service as respects the dwelling-house of a notice of increase under section twenty-five of this Act the landlord serves on the tenant a notice in the prescribed form electing that this subsection shall apply to the dwelling-house— (a)the amount of any repairs increase recoverable by the landlord in respect of the dwelling-house shall be reduced by one-third; (b)the value of work required by the Second Schedule to this Act shall be reduced in like manner; (c)in determining for the purposes of this Part of this Act whether the dwelling-house is or was at any time in good repair, the state of internal decorative repair of the dwelling-house and any other premises shall be disregarded unless it is or was at the time in question such as to make the dwelling-house not reasonably suitable for occupation. (4)Any form prescribed for the purposes of the last foregoing subsection may contain such information as appears to the Minister expedient for informing the tenant of the effect of the notice. 31Supplementary provisions as to repair (1)For the purposes of this Part of this Act there shall be disregarded, in determining whether a dwelling-house is in good repair, any defect due to any act, neglect or default by the tenant or any person claiming under him or to any breach by the tenant or such a person of an express agreement:Provided that this subsection shall not have effect in determining under subsection (1) or (4) of section twenty-six of this Act whether a certificate should be granted or revoked. (2)Subject to subsection (3) of the last foregoing section and to the last foregoing subsection, for the purposes aforesaid a dwelling-house which is a part only of a building shall not be treated as in good repair unless any entrance, staircase or other part of the building which a tenant of the dwelling-house requires to use in connection with his occupation of the dwelling-house is also in good repair. 32Apportionments by county court to be conclusive A determination of the county court under subsection (5) of section twenty-three of this Act, under subsection (2) of section twenty-eight thereof or under subsection (3) of section forty-nine thereof shall be final and conclusive. Other amendments of Rent Acts 33Exclusion from Rent Acts of lettings by local authorities, development corporations, and housing associations and trusts (1)A tenancy where— (a)the interest of the landlord belongs to the council of a county, county borough, county district or metropolitan borough or the Common Council of the City of London ; or (b)the said interest belongs to a development corporation established under the New Towns Act, 1946; or (c)the said interest belongs to any housing association (as defined by the Housing Act, 1936) and the condition specified in the next following subsection is fulfilled; or (d)the said interest belongs to any housing trust which is subject to the jurisdiction of the Charity Commissioners,shall not be a controlled tenancy, and shall not for the purposes of subsection (3) of section fifteen of the Act of 1920 (which protects a sub-tenant where an interest of a mesne tenant comes to an end) be deemed to be the interest of a tenant of a dwelling-house to which the Act of 1920 applies: Provided that where a tenancy was a controlled tenancy immediately before the commencement of this Act, and the interest of the landlord then belonged to such a council, corporation, association or trust as aforesaid, the foregoing provisions of this subsection shall not have effect as respects that tenancy before the expiration of six months from the commencement of this Act. (2)The condition mentioned in paragraph (c) of the last foregoing subsection is that either— (a)the premises comprised in the tenancy were provided by the housing association in pursuance of an arrangement under section ninety-four of the Housing Act, 1936, section twenty-seven of the Housing Act, 1935, or section twenty-nine of the Housing Act, 1930, or with the assistance of a local authority under section two of the Housing, &c. Act, 1923 ; or (b)the housing association is registered under the Industrial and Provident Societies Act, 1893, and the provision of the premises comprised in the tenancy forms part of the purposes for which its business is mainly conducted. (3)Without prejudice to the provisions of subsection (1) of this section, after the expiration of six months from the commencement of this Act a person shall not by virtue of the Rent Acts be entitled, against any such council, corporation or trust as aforesaid or, if the condition specified in the last foregoing subsection is fulfilled, any such association as aforesaid, to retain possession as a statutory tenant. (4)Section sixteen of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951 (which confers on a service man during his period of service with the armed forces security of tenure in respect of a rented family residence in respect of which he would otherwise have no statutory protection) shall have effect with the substitution, for paragraph (b) of subsection (2) thereof, of the following paragraph:— “(b)that the reversion immediately expectant on the tenancy qualifying for protection belongs to such a council, corporation, association or trust as is mentioned in subsection (1) of section thirty-three of the Housing Repairs and Rents Act, 1954, and, where it belongs to such an association, that the condition specified in subsection (2) of that section is fulfilled”. (5)Where, at a time when the application of the Act of 1920 to a tenancy (hereinafter referred to as " the superior tenancy ") of any premises is excluded by reason only of subsection (1) of this section, a sub-tenancy is created of those premises or any part thereof, then in ascertaining, in relation to the sub-tenancy, what rent is recoverable from the sub-tenant, the Rent Acts and the Act of 1949 shall apply as if the superior tenancy were a controlled tenancy and neither the premises nor any part thereof had ever been let before the beginning of the superior tenancy. (6)Paragraph (c) of subsection (2) of section three of the Act of 1939 (which excludes from the Rent Acts certain dwelling-houses belonging to local authorities) shall cease to have effect; and— (a)where any order or judgment has been made or given by a court before the commencement of this Act, but has not been executed, and in the opinion of the court the order or judgment would not have been made or given if this section had been in operation at the time when the order or judgment was made or given, the court may upon application by the tenant rescind or vary the order or judgment in such manner as the court thinks fit for the purposes of giving effect to this section; (b)in relation to a tenancy not falling within subsection (1) of this section, being a tenancy to which the Act of 1920 applies as from the commencement of this Act by virtue of the repeal of the said paragraph (c), the Rent Acts shall apply subject to the modifications set out in the Fourth Schedule to this Act. (7)Subsection (3) of section three of the Housing Act, 1952 (which provides for the imposition by local authorities of conditions as to rent and other matters on the sale by them of houses) shall not apply to the sale of a house to any such council, corporation, association or trust as is mentioned in subsection (1) of this section. (8)Where it appears to the Minister that the terms of any arrangements entered into before the commencement of this Act under section ninety-four of the Housing Act, 1936, or entered into under section twenty-seven of the Housing Act, 1935, or section twenty-nine of the Housing Act, 1930, should be varied in consequence of the foregoing provisions of this section, the Minister may approve any variation of those terms agreed between the local authority and housing association who are parties to the arrangements or, if no agreement has been reached between the parties at the expiration of three months after the commencement of this Act, may on the application of either party determine that the arrangements shall have effect subject to such variation as he may specify. (9)In this section the expression " housing trust" means a housing trust as defined by the Housing Act, 1936, or a corporation or body of persons which, being required by the terms of its constituent instrument to devote the whole or substantially the whole of its funds to charitable purposes, would be a housing trust as so defined if the purposes to which it is so required to devote its funds were restricted to those to which it in fact devotes the whole or substantially the whole thereof. 34Provisions taking effect on cesser of exemption under foregoing section (1)The following provisions of this section shall apply to cases where— (a)by virtue of the provisions of subsection (1) of the last foregoing section the operation of the Rent Acts is excluded as respects a tenancy of any premises as respects which the interest in reversion immediately expectant on the termination of the tenancy belongs to an exempted authority ; (b)that interest ceases to belong to an exempted authority otherwise than on such a sale as is mentioned in subsection (3) of section three of the Housing Act, 1952; and (c)at the time when it ceases to belong to such an authority there is no controlled tenancy or statutory tenancy subsisting in the whole of the premises. (2)If an application is made to the local authority (whether before or after the interest ceases to belong to an exempted authority) to fix the standard rent for the said premises,— (a)the local authority shall determine what rent is reasonable for the premises on a letting thereof on such terms and conditions, if any, other than terms and conditions fixing the amount of rent, as may be specified in the application ; and (b)as from the date of the application or the date on which the said interest ceases to belong to an exempted authority, whichever is the later, the Rent Acts shall apply to the premises as if the standard rent thereof had been fixed by a letting from the date of the application at the rent so determined and on any terms or conditions specified as aforesaid, but on no other terms or conditions. (3)An application under this section may be made by any person having an interest in the premises to which the application relates or any part of those premises, or any person who satisfies the local authority that he proposes to acquire such an interest:Provided that where an application under this section is made by a person who has not acquired such an interest at the time of the application, then notwithstanding anything in paragraph (b) of the last foregoing subsection any determination of the local authority made on the application shall not have effect unless and until the said person acquires such an interest. (4)As from the time at which the interest mentioned in subsection (1) of this section ceases to belong to an exempted authority, the Rent Acts shall, subject to the foregoing provisions of this section, have effect in relation to the premises as they have effect in relation to a dwelling-house to which they were applied by the Act of 1939. (5)Nothing in paragraph (b) of subsection (2) of this section, or in the last foregoing subsection, shall affect any sub-tenancy of a part of the premises which was subsisting before the said interest ceased to belong to an exempted authority, or any statutory tenancy arising on the coming to an end of any such sub-tenancy. (6)In this section the expression " exempted authority " means any such council, corporation, association or trust as is mentioned in subsection (1) of the last foregoing section. 35Exclusion from Rent Acts of houses converted or erected after commencement of Act (1)The Act of 1920 shall not apply to a dwelling-house which consists, and consists only, of premises falling within either of the following paragraphs, that is to say,— (a)separate and self-contained premises produced by conversion, after the commencement of this Act, of other premises, with or without the addition of premises erected after the commencement of this Act; (b)premises erected after the commencement of this Act:Provided that this subsection shall not have effect where the premises consist of a dwelling provided by works in respect of which a grant has become payable under the Housing Act, 1949. (2)For the purposes of this section premises shall be treated as converted or erected after the commencement of this Act if the conversion or erection was completed thereafter, notwithstanding that it may have been begun before the commencement of this Act. (3)Section sixteen of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951, shall have effect with the addition, after paragraph (b) of subsection (2) thereof, of the following paragraph:— “(bb)that those premises are excluded from the operation of the Rent Act of 1920 by section thirty-five of the Housing Repairs and Rents Act, 1954.” 36Amendments of s. 1 of Act of 1949 (1)In section one of the Act of 1949 (which empowers the tribunal to determine the reasonable rent of a dwelling-house on the application of the landlord or the tenant, and provides that if the reasonable rent, or the reasonable rent less permitted increases, is less than the standard rent it shall become the standard rent) for the words " is less than " in subsection (2) and in subsection (3) there shall be substituted the words “differs from”. (2)The last foregoing subsection shall apply in relation to a determination whether it was made before or after the commencement of this Act:Provided that notwithstanding anything in subsections (2) and (3) of the said section one— (a)an increase of standard rent effected by a determination made before the commencement of this Act shall not come into operation until a date specified in a notice of increase in the prescribed form served by the landlord on the tenant; and (b)that date shall not be earlier than four clear weeks after the service of the notice. (3)Without prejudice to the provisions of section four of the Act of 1949 (which among other things provides for the variation of apportionments made before the making of a determination under section one of that Act) where a determination made as respects any dwelling-house before the commencement of this Act has effect by virtue of the foregoing provisions of this section, any apportionment which is necessary for determining the standard rent of a dwelling-house comprised in the first-mentioned dwelling-house, being an apportionment made before the coming into operation of the increase of rent effected by the determination, may be varied so as to accord with the determination:Provided that nothing in this subsection shall affect rent in respect of any period before the said increase comes into operation. (4)Paragraph (a) of subsection (7) of section one of the Act of 1949 (which excludes from the jurisdiction of the tribunal under that section cases where the dwelling-house is under the management of a housing association or development corporation) shall cease to have effect. (5)No application shall be made to the tribunal under section one of the Act of 1949 as respects any dwelling-house— (a)for which (whether before or after the commencement of this Act) a maximum rent has been fixed under section twenty-two of the Housing Act, 1949, or (b)as respects which under section three of the Housing Act, 1952, a condition has been imposed (whether before or after the commencement of this Act) limiting the rent at which it may be let, or (c)an interest in which has ceased to belong to an exempted authority as mentioned in paragraph (b) of subsection (1) of section thirty-four of this Act, and has so ceased in the circumstances mentioned in paragraph (c) of that subsection,and paragraph (b) of subsection (7) of the said section one (which excludes from the jurisdiction of the said tribunal cases where a limitation of rent is in force under any enactment) is hereby repealed. 37Application of Rent Acts to dwellings provided or improved with assistance under Part II of Housing Act, 1949 (1)Subject to the provisions of this section the duty of the local authority, under section twenty-two of the Housing Act, 1949, where application is made for a grant under that Act to fix a maximum rent for dwellings provided or improved by works in respect of which such a grant will be payable shall as respects applications approved after the commencement of this Act extend to every dwelling so provided or improved which is, or on a letting thereof would become, a dwelling-house to which the Act of 1920 applies. (2)Where on an application approved after the commencement of this Act the local authority fix a maximum rent under the said section twenty-two as respects any such dwelling as aforesaid, then as from the date specified in the next following subsection or the date on which the Rent Acts become applicable to the dwelling in question, whichever is the later,— (a)those Acts shall apply to the dwelling as if the standard rent thereof had been fixed by a letting from the date specified in the next following subsection at a rent equal to the maximum so fixed and on any terms or conditions specified in the application, but on no other terms or conditions; and (b)without prejudice to the generality of the last foregoing paragraph paragraphs (c) and (d) of subsection (1) of section two of the Act of 1920 (which permit increases of fifteen and twenty-five per cent. respectively of the net rent) shall not apply. (3)The date hereinbefore referred to is the date on which the local authority certify that the improvement works to which the application in question related have been completed to their satisfaction:Provided that no increase of rent shall be recoverable by virtue of the last foregoing subsection until, or in respect of any period prior to, the expiry of one clear week after the landlord has served on the tenant a notice in the prescribed form stating the amount of the standard rent fixed by the local authority and that the local authority have certified as aforesaid, but subject as aforesaid any such increase shall be recoverable notwithstanding anything in the terms of the tenancy or statutory tenancy or any enactment. (4)The said section twenty-two shall not apply where before the approval of the application for a grant the tribunal under section one of the Act of 1949 has determined what is a reasonable rent for the dwelling. (5)Paragraph (c) of subsection (1) of section twenty-three of the Housing Act, 1949 (which contains provisions for limiting rents) shall not apply to a controlled tenancy ; and the condition required to be observed by paragraph (b) of that subsection (which makes it a condition of any letting that the dwelling shall, subject to certain exceptions, be let or kept available for letting at a rent not exceeding the maximum rent payable under the said paragraph (c)) shall be deemed to be observed so long as the dwelling is let on a controlled tenancy or kept available for being so let. (6)Where the standard rent of a dwelling is ascertained in accordance with subsection (2) of this section, and the standard rent of any part thereof falls to be ascertained by apportionment, it shall be ascertained by apportionment of the standard rent of the dwelling notwithstanding that the dwelling forms part of other premises which have previously been let. (7)The proviso to paragraph (a) of subsection (1) of section two of the Act of 1920 (under which a permitted increase of rent in respect of an improvement may be suspended or reduced on the ground of unnecessary expenditure) shall not apply to any increase authorised by that paragraph in respect of so much of the approved expense of executing works in respect of which an improvement grant is made under section twenty of the Housing Act, 1949 (or, as the case may be, of the approved proportion of that expense) as falls to be borne by the applicant for the improvement grant. 38Exemption from s. 2 (2) of Act of 1949 for long leases (1)Subsection (2) of section two of the Act of 1949 shall not prevent the requiring of a premium as a condition of the assignment of a tenancy granted for a term of years certain exceeding twenty-one years. (2)Where on the coming to an end of a tenancy the person who was tenant thereunder immediately before the coming to an end thereof becomes (whether by grant or by implication of law) tenant of the whole or any part of the property comprised therein under another tenancy, then if the first tenancy was, or is deemed by virtue of this subsection to have been, granted for a term of years certain exceeding twenty-one years the second tenancy shall be deemed for the purposes of this section to be a tenancy granted for such a term. 39Payments for outgoings, improvements or goodwill on grant or assignment of controlled tenancies (1)Where a premium was paid on the grant, continuance, renewal or assignment of a tenancy, then— (a)if the premium consisted only of any such outgoings, sum or amount as are specified in subsection (4) of section two of the Act of 1949 (which allows an assignor to charge an assignee the outgoings properly payable by the assignee, the cost of reasonable expenditure on alterations and improvements, or a reasonable amount for goodwill), it shall be treated for the purposes of Part II of the First Schedule to the Act of 1949 as not having been paid ; (b)if the premium included any such outgoings, sum or amount as aforesaid, it shall be treated for the said purposes as if only the residue thereof had been paid. (2)A person shall not be guilty of an offence under section two of the Act of 1949 by reason only of the foregoing provisions of this section, or by reason only that— (a)any payment of outgoings required by him on an assignment was a payment of outgoings referable to a period before the assignment took effect; or (b)any expenditure incurred by him in carrying out structural alterations of a dwelling-house, or in providing or improving fixtures therein, being expenditure in respect of which he required the payment of any sum on the assignment of a tenancy of the dwelling-house, was not reasonably incurred; or (c)any amount paid by him as mentioned in paragraph (c) of subsection (4) of section two of the Act of 1949 was not a reasonable amount; or (d)any amount required by him to be paid on an assignment in respect of goodwill was not a reasonable amount,but nothing in this subsection shall prejudice any right of recovery under subsection (5) of the said section two. 40Increase for rise in cost of services provided under pre-1939 lettings (1)The following provisions of this section shall have effect where a dwelling-house is let under a controlled tenancy or is occupied by a statutory tenant, and— (a)the standard rent of the dwelling-house is the rent at which it was let on a letting beginning on or before the first day of September, nineteen hundred and thirty-nine, or an amount ascertainable by apportionment of a rent at which a property comprising the dwelling-house was let on such a letting as aforesaid (whether such an apportionment has been made or not), and (b)services for the tenant are under the terms and conditions of the letting to be provided, or are provided, by the landlord. (2)If— (a)by an agreement in writing relating to the services mentioned in paragraph (b) of the last foregoing subsection and made after the commencement of this Act between the landlord and the tenant or a former tenant of the dwelling-house it has been agreed that the landlord shall be entitled to an increase of rent, of an amount specified in the agreement, in respect of any rise, over the period beginning with the third day of September, nineteen hundred and thirty-nine and ending with the commencement of this Act, in the cost of the provision of the services, or (b)on an application by the landlord the tribunal constituted under the Act of 1946 for the district in which the dwelling-house is situated has at any time after the commencement of this Act determined as respects the said services that in all the circumstances it is just that the landlord should be entitled to an increase of rent, of an amount specified in the determination, in respect of any such rise as aforesaid,the landlord shall be entitled to recover the amount of the increase agreed or determined as aforesaid notwithstanding anything in the terms of the tenancy or statutory tenancy or any enactment, subject, however, to the provisions of the next following subsection. (3)Where any such agreement or determination as is mentioned in the last foregoing subsection has been made in respect of services which the landlord is not under the terms and conditions of the letting liable to provide, any withholding or restoration of those services (whether in whole or in part) shall be treated for the purposes of subsection (3) of section two of the Act of 1920 (which relates to the effect on recoverable rent of the transfer of burdens and liabilities between landlord and tenant) as a transfer from the landlord or the tenant, as the case may be, of a burden previously borne by him. (4)Any increase under this section recoverable by virtue of an agreement shall run from such date as may be specified in the agreement; and any increase thereunder recoverable by virtue of a determination of the tribunal shall run from the date of the determination. (5)Before determining any application under paragraph (b) of subsection (2) of this section the tribunal shall make such inquiries (if any) as they think fit and shall give the landlord and the tenant an opportunity of being heard or, at the option of the party, of submitting representations in writing. 41Protection of sub-tenants of parts of premises Where a dwelling-house to which the Act of 1920 applies (hereinafter referred to as " the sub-let part") forms part of premises, not being such a dwelling-house, which have been let as a whole on a superior letting, then from the coming to an end of the superior letting the operation of the Rent Acts in relation to the sub-let part shall be the same as if in lieu of the superior letting there had been separate lettings of the sub-let part and the remainder of the premises, for the like purposes as under the superior letting, and at rents equal to the just proportion of the rent under the superior letting. 42Amendment of meaning of expression " tenant" in Act of 1920 (1)The rights conferred on a member of a deceased tenant's family by, and in the circumstances stated in, paragraph (g) of subsection (1) of section twelve of the Act of 1920 shall extend to such a member, if the tenant left a widow not residing with him at the time of his death. (2)In accordance with the last foregoing subsection, the said paragraph (g) (which declares the expression " tenant'' to include in certain circumstances the widow of a tenant or a member of the tenant's family) shall be amended by inserting after the word “no”the word " such." 43Possession without alternative accommodation not to be ordered on production of agricultural certificate Sub-paragraph (ii) of paragraph (g) of the First Schedule to the Act of 1933 (under which the court has power to give the landlord possession of a dwelling-house, without alternative accommodation being provided, where the landlord requires the house for an agricultural worker) shall cease to have effect. 44Date for permitted increases for increases in rates (1)Subsection (2) of section three of the Act of 1920 (which relates to the time as from which permitted increases of rent are recoverable from a tenant) shall have effect, in relation to increases permitted by paragraph (b) of subsection (1) of section two of the Act of 1920 (which provides for increases of rent in respect of increases in the amounts payable by the landlord for rates), subject to the following provisions:— (a)any such permitted increase shall be recoverable from, and in respect of the period beginning with, the day specified in the next following subsection ; (b)where at the time when the notice of increase is served he tenant is a statutory tenant, the amount of any such permitted increase may include an amount in respect of a period immediately preceding that mentioned in the last foregoing paragraph and beginning not earlier than six weeks before the date of service of the notice of increase nor earlier than the beginning of the statutory tenancy, and any amount so included shall be deemed to be rent due on the day specified in the next following subsection. (2)The day referred to in the last foregoing subsection— (a)where at the time of service of the notice of increase the tenant is a statutory tenant, is the next day after the service of the notice on which an instalment of rent is payable under the terms of the statutory tenancy, (b)in any other case, is the day after the date on which by virtue of subsection (1) of section one of the Rent Restrictions (Notices of Increase) Act, 1923, the notice of increase operates to terminate the tenancy. (3)Where under any tenancy the amount of any such permitted increase for rates as is mentioned in subsection (1) of this section is recoverable without a notice to terminate the tenancy being necessary in order to make the increase effective, the foregoing provisions of this section shall apply as they apply where at the time when the notice of increase is served the tenant is a statutory tenant, but with the substitution of references to the tenancy for references to the statutory tenancy. (4)In this section the expression " notice of increase " means the notice of intention to increase rent served in conformity with subsection (2) of section three of the Act of 1920. (5)In accordance with the foregoing provisions of this section the said subsection (2) shall be amended as follows:— (a)after the words " no such increase shall " there shall be inserted the words “save as provided by section forty-four of the Housing Repairs and Rents Act, 1954”; (b)the words " or, where such increase is on account of an increase in rates, one clear week " shall cease to have effect. (6)Where for any period for which a rate is demanded (hereinafter referred to as " the rating period ") the amount of the rate is increased, and by virtue of paragraph (b) of subsection (1) of this section the amount of any consequent permitted increase for rates includes an amount in respect of a period preceding that mentioned in paragraph (a) of that subsection, paragraph (d) of subsection (1) of section twelve of the Act of 1920 (which provides that any increase in rates payable by a landlord shall be deemed to be payable by him until the rate is next demanded) shall not so extend the period for which the increase is recoverable as to make it longer than the rating period. 45Modification of Rent Acts and Act of 1946 as to accommodation registered under Defence Regulation 68 CB (1)In determining for the purposes of the Rent Acts the standard rent of any dwelling-house, no account shall be taken of any letting of accommodation which at the material time was registered for the purposes of Regulation 68CB of the Defence (General) Regulations, 1939, and was let in accordance with terms and conditions so registered; and if that regulation is revoked, any such accommodation which is let as aforesaid immediately before the revocation shall not, as respects that letting, be treated as a dwelling-house to which those Acts apply, (2)For the purposes of subsection (4) of section twelve of the Act of 1946 (which provides that that Act shall not apply to accommodation registered for the purposes of the said regulation 68CB which is let in accordance with the terms and conditions so registered) accommodation shall be treated as let as aforesaid, notwithstanding the revocation of that regulation, so long as any letting continues under which the accommodation was let as aforesaid immediately before the revocation. 46Service of notices on prospective tenants (1)Any notice of increase for the purposes of this Part of this Act and any notice under subsection (3) of section thirty of this Act, being a notice which apart from this section would be required to be served on a tenant of any premises, may be served on a prospective tenant of the premises, and references in this Part of this Act and the Second Schedule thereto to the landlord or the tenant shall be construed accordingly:Provided that if the prospective tenant does not become tenant of the premises the notice shall have no effect. (2)Subsection (2) of section twenty-five of this Act and paragraph (b) of the proviso to subsection (2) of section thirty-six thereof shall not have effect in the case of notices of increase served by virtue of this section. (3)The power conferred by this Part of this Act to prescribe the form of notices shall include power to prescribe different forms according as a notice is to be served on a tenant or a prospective tenant. 47General provisions as to service of notices (1)Any notice for the purposes of this Part of this Act, and any copy of a certificate of the local authority under section twenty-six thereof, may be served by post. (2)So much of subsection (5) of section seven of the Act of 1938 as enables documents to be served on agents or persons receiving rent shall apply for the purposes of this Part of this Act as if references therein to the principal Acts included references to this Part of this Act. 48Procedure of county court and tribunal (1)Subsection (1) of section seventeen of the Act of 1920 (which empowers the Lord Chancellor to make rules and give directions for the purpose of giving effect to that Act) shall apply in relation to this Part of this Act as it applies in relation to that Act. (2)The power of the Minister under section eight of the Act of 1946 to make regulations with regard to proceedings before tribunals under that Act shall include power to make regulations with regard to such proceedings under this Act. 49Interpretation of Part II (1)In this Part of this Act (including the Second and Fourth Schedules thereto) the following expressions have the meanings hereby assigned to them respectively, that is to say:— " Act of 1920 " means the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920; "Act of 1923 " means the Rent and Mortgage Interest Restrictions Act, 1923 ; "Act of 1933" means the Rent and Mortgage Interest Restrictions (Amendment) Act, 1933 ; " Act of 1938 " means the Increase of Rent and Mortgage Interest (Restrictions) Act, 1938 ; "Act of 1939" means the Rent and Mortgage Interest Restrictions Act, 1939; " Act of 1946 " means the Furnished Houses (Rent Control) Act, 1946; "Act of 1949" means the Landlord and Tenant (Rent Control) Act, 1949; " controlled tenancy" means a tenancy to which the Act of 1920 applies ; " dwelling-house " means the aggregate of the land comprised in a controlled tenancy or prospective controlled tenancy, or the aggregate of the land of which a tenant retains possession as statutory tenant; "good repair", in relation to any premises, means that having regard to the age, character and locality of the premises they are in good repair both as respects structure and as respects decoration ; " landlord ", " tenant " and " tenancy " have the same meanings respectively as in the Act of 1920 ; "local authority", in relation to any premises, means the council of the county borough, county district or metropolitan borough in which the premises are situated or, if the premises are situated in the City of London, the Common Council of the City of London ; " mortgage" includes any lien or charge, and the expression " mortgagee" shall be construed accordingly ; " premium " includes any fine or like sum or any other pecuniary consideration in addition to rent; " prescribed " means prescribed by regulations made by the Minister; " the Rent Acts " means the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939 ; " repair" includes maintenance, but does not include improvement or structural alteration or the provision of additional or improved fixtures or fittings, and " repairs " shall be construed accordingly ; "repairs increase" has the meaning assigned to it by subsection (2) of section twenty-three of this Act; " statutory repairs deduction" has the meaning assigned to it by subsection (4) of section twenty-three of this Act; " statutory tenant" means a tenant (as defined in paragraph (g) of subsection (1) of section twelve of the Act of 1920) who retains possession by virtue of the Rent Acts and not as being entitled to a tenancy, and " statutory tenancy " shall be construed accordingly ; " tenant", in relation to a landlord, and " sub-tenant ", in relation to a tenant, mean respectively immediate tenant and immediate sub-tenant. (2)In the application of this Part of this Act to the Isles of Scilly, for the references to the council of a county district there shall be substituted references to the Council of the said Isles. (3)References in this Part of this Act to the gross value of a dwelling-house shall be construed as follows:— (a)where on the appropriate day a value was shown with respect to that dwelling-house in the valuation list then in force, the gross value shall be taken to be the value shown on that day in that list as the gross value of the dwelling-house; (b)where on the appropriate day the value of any hereditament comprising the dwelling-house was shown in the valuation list then in force, the gross value of the dwelling-house shall be taken to be the just proportion of the value shown on that day in that list as the gross value of the said hereditament;and for the purposes of this subsection the just proportion of any value shall be determined by agreement in writing between the landlord and the tenant or, on the application of either of them, by the county court in like manner as that court apportions rateable values under subsection (3) of section twelve of the Act of 1920. In this subsection the expression " the appropriate day" means— (i)the day of the commencement of this Act, if on that day a value was shown in the valuation list then in force as the gross value of the dwelling-house or of any hereditament comprising the dwelling-house; (ii)in any other case, the first day after the commencement of this Act on which a value was shown in the valuation list in force on that day as the gross value of the dwelling-house or any such hereditament as aforesaid. Part III Miscellaneous and General Provisions 50Exclusion of statutory tenants from receipt of certain notices (1)For the purposes of head (b) of sub-paragraph (1) of paragraph 3 of the First Schedule to the Acquisition of Land (Authorisation Procedure) Act, 1946 (which provides for the service of notice of a compulsory purchase order on every owner, lessee or occupier of the land except tenants for a month or less) and of any corresponding enactment regulating the service of notices in connection with the compulsory purchase of land (including any such enactment contained in a local Act), an occupier being a statutory tenant within the meaning of Part II of this Act shall be deemed to be a tenant for a period less than a month. (2)The foregoing subsection shall apply in relation to the following enactments, that is to say:— (a)paragraph (b) of subsection (3) of section thirty-five of the Housing Act, 1936 (which relates to redevelopment plans); (b)sub-paragraph (b) of paragraph 3 of the Third Schedule to that Act (which relates to clearance orders); (c)sub-paragraph (b) of paragraph 3 of the First Schedule to the National Parks and Access to the Countryside Act, 1949 (which relates to orders designating national parks and other orders under that Act); (d)any local enactment regulating the service of notices in respect of the proposed exercise of any powers in relation to land,as it applies in relation to the enactments therein referred to. 51Application of Statutory Instruments Act Any power of the Minister to make regulations or orders under this Act shall be exercisable by statutory instrument. 52Interpretation (1)In this Act " the Minister " means the Minister of Housing and Local Government. (2)Any reference in this Act to any enactment is a reference thereto as amended, extended or applied by any subsequent enactment including any local enactment and including, unless the context otherwise requires, this Act. 53Financial provisions There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of such moneys under section one hundred and seventy-three of the Housing Act, 1936, paragraph 5 of the Schedule to the Furnished Houses (Rent Control) Act, 1946, section fifteen, nineteen or twenty-five of the Housing Act, 1949, or Part I of the Local Government Act, 1948. 54Short title, commencement, extent and repeals (1)This Act may be cited as the Housing Repairs and Rents Act, 1954. (2)This Act shall come into operation on the expiration of the period of one month beginning with the date on which it is passed. (3)This Act shall not extend to Scotland or Northern Ireland. (4)The enactments and regulations mentioned in the Fifth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule:Provided that this subsection has effect subject to subsection (7) of section six of this Act and to subsection (2) of section twenty-seven thereof. ### 1Protection of residential tenants on termination of long tenancies at low rents On the termination in accordance with the provisions of this Part of this Act of a tenancy to which this section applies the tenant shall be entitled to the protection of the Rent Acts subject to and in accordance with those provisions. 2Tenancies to which s. 1 applies (1)The foregoing section applies to any long tenancy at a low, rent, being a tenancy as respects which for the time being the following condition (hereinafter referred to as " the qualifying condition") is fulfilled, that is to say that the circumstances (as respects the property comprised in the tenancy, the use of that property, and all other relevant matters) are such that on the coming to an end of the tenancy at that time the tenant would, if the tenancy had not been one at a low rent, be entitled by virtue of the Rent Acts to retain possession of the whole or part of the property comprised in the tenancy. (2)At any time before, but not more than twelve months before, the term date application may be made to the court as respects any long tenancy at a low rent, not being at the time of the application a tenancy as respects which the qualifying condition is fulfilled, for an order declaring that the tenancy is not to be treated for the purposes of this Part of this Act as a tenancy to which the foregoing section applies; and where such an application is made— (a)the court, if satisfied that the tenancy is not likely, immediately before the term date, to be a tenancy to which the foregoing section applies, but not otherwise, shall make the order; (b)if the court makes the order, then notwithstanding any thing in subsection (1) of this section the tenancy shall not thereafter be treated as a tenancy to which the foregoing section applies. (3)Anything authorised or required to be done under the following provisions of this Part of this Act in relation to tenancies to which the foregoing section applies shall, if done before the term date in relation to a long tenancy at a low rent, not be treated as invalid by reason only that at the time at which it was done the qualifying condition was not fulfilled as respects the tenancy. (4)In this Part of this Act the expression "long tenancy " means a tenancy granted for a term of years certain exceeding twenty-one years, whether or not subsequently extended by act of the parties or by any enactment. (5)In this Part of this Act the expression " tenancy at a low rent" means a tenancy the rent payable in respect whereof (or where that rent is a progressive rent, the maximum rent payable in respect whereof) is less than two-thirds of the rateable value of the property comprised in the tenancy; and— (a)if that property is a dwelling-house to which the Act of 1920 applies apart from the Act of 1939, the expression " rateable value " has in relation to it the same meaning in this subsection as it has in the Act of 1920 in relation to such a dwelling-house ; (b)if that property is not such a dwelling-house, the said expression has in relation to it the same meaning in this subsection as it has in the Act of 1920 in relation to a dwelling-house to which that Act applies by virtue of the Act of 1939. (6)In this Part of this Act the expression "term date", in relation to a tenancy granted for a term of years certain, means the date of expiry of the term. Continuation and termination of tenancies to which s. 1 applies 3Continuation of tenancies to which s. 1 applies (1)A tenancy which is current immediately before the term date and is then a tenancy to which section one of this Act applies shall not come to an end on that date except by being terminated under the provisions of this Part of this Act, and if not then so terminated shall subject to those provisions continue until so terminated and shall, while continuing by virtue of this section, be deemed (notwithstanding any change in circumstances) to be a tenancy to which section one of this Act applies. (2)Where by virtue of the last foregoing subsection a tenancy is continued after the term date, then— (a)if the premises qualifying for protection are the whole of the property comprised in the tenancy, the tenancy shall continue at the same rent and in other respects on the same terms as before the term date ; (b)if the premises qualifying for protection are only part of the property comprised in the tenancy, the tenancy while continuing after the term date shall have effect as a tenancy of those premises to the exclusion of the remainder of the property, and at a rent to be ascertained by apportioning the rent payable before the term date as between those premises and the remainder of the property, and in other respects on the same terms (subject to any necessary modifications) as before the term date. (3)In this Part of this Act the expression " the premises qualifying for protection " means the aggregate of the premises of which, if the tenancy in question were not one at a low rent, the tenant would be entitled lo retain possession by virtue of the Rent Acts after the coming to an end of the tenancy at the term date. (4)Any question arising under paragraph (b) of subsection (2) of this section as to the premises comprised in a tenancy continuing as mentioned in that paragraph, as to the rent payable in respect of a tenancy so continuing, or as to any of the terms of such a tenancy, shall be determined by agreement between the landlord and the tenant or, on the application of either of them, by the court. 4Termination of tenancy by the landlord (1)The landlord may terminate a tenancy to which section one of this Act applies by notice given to the tenant in the prescribed form specifying the date at which the tenancy is to come to an end (hereinafter referred to as " the date of termination "), being either the term date of the tenancy or a later date:Provided that this subsection has effect subject to the provisions of this Part of this Act as to the annulment of notices in certain cases and subject to the provisions of Part IV of this Act as to the interim continuation of tenancies pending the disposal of applications to the court. (2)A notice under the last foregoing subsection shall not have effect unless it is given not more than twelve nor less than six months before the date of termination specified therein. (3)A notice under subsection (1) of this section shall not have effect unless it specifies the premises which the landlord believes to be, or to be likely to be, the premises qualifying for protection and either— (a)it contains proposals for a statutory tenancy, as defined by subsection (3) of section seven of this Act, or (b)it contains notice that, if the tenant is not willing to give up possession at the date of termination of the tenancy, of all the property then comprised in the tenancy, the landlord proposes to apply to the court, on one or more of the grounds mentioned in section twelve of this Act, for possession of the property comprised in the tenancy, and states the ground or grounds on which he proposes to apply. (4)A notice under subsection (1) of this section shall invite the tenant, within two months after the giving of the notice, to notify the landlord in writing whether he is willing to give up possession as mentioned in paragraph (b) of the last foregoing subsection. (5)A notice under subsection (1) of this section containing proposals such as are mentioned in paragraph (a) of subsection (3) of this section is hereinafter referred to as a " landlord's notice proposing a statutory tenancy ", and a notice under subsection (1) of this section not containing such proposals is hereinafter referred to as a " landlord's notice to resume possession ". (6)References in this Part of this Act to an election by the tenant to retain possession are references to his notifying the landlord, in accordance with subsection (4) of this section, that he will not be willing to give up possession. 5Termination of tenancy by the tenant (1)A tenancy to which section one of this Act applies may be brought to an end at the term date thereof by not less than one month's notice in writing given by the tenant to the immediate landlord. (2)A tenancy continuing after the term date thereof by virtue of section three of this Act may be brought to an end at any time by not less than one month's notice in writing given by the tenant to the immediate landlord, whether the notice is given after or before the term date of the tenancy. (3)The fact that the landlord has given a notice under subsection (1) of the last foregoing section, or that the tenant has elected to retain possession, shall not prevent the tenant from giving a notice terminating the tenancy at a date earlier than the date of termination specified in the landlord's notice. Statutory tenancies arising under Part I 6Application of Rent Acts where tenant retains possession (1)Where a tenancy is terminated by a landlord's notice proposing a statutory tenancy the Rent Acts shall apply, subject as hereinafter provided, as if the tenancy (hereinafter referred to as " the former tenancy ")— (a)had been a tenancy of the dwelling-house, as hereinafter defined, and (b)had been a tenancy at a rent equal to the standard rent agreed or determined in accordance with the next following section, and otherwise on the terms so agreed or determined and no other terms. (2)The said Acts shall not apply as aforesaid, if at the end of the period of two months after the service of the landlord's notice the qualifying condition was not fulfilled as respects the tenancy, unless the tenant has elected to retain possession. (3)In this Part of this Act the expression " the dwelling-house " means the premises agreed between the landlord and the tenant or determined by the court.— (a)if the agreement or determination is made on or after the term date of the former tenancy, to be the premises which as respects that tenancy are the premises qualifying for protection, (b)if the agreement or determination is made before the term date of the former tenancy, to be the premises which are likely to be the premises qualifying for protection. (4)The Acts of 1920 to 1938, as applied by subsection (1) of this section, shall have effect in relation to the dwelling-house as they have effect in relation to premises to which they were applied by the Act of 1939, but subject to the following adaptations, that is to say,— (a)paragraph (h) of the First Schedule to the Act of 1933 (under which a landlord who purchased after the date therein mentioned is excepted from the provisions of that paragraph as to obtaining possession for occupation for himself or certain relatives of his) shall have effect with the substitution, for the reference to the date therein mentioned, of a reference to the twenty-first day of November, nineteen hundred and fifty; and (b)subject to the last foregoing paragraph, the said Acts shall have effect as aforesaid with the substitution, for references to the passing or the commencement of the Act of 1939, of references to the coming to an end of the former tenancy. (5)Subsections (1) and (2) of section twenty-three of the Housing Repairs and Rents Act, 1954, shall not apply where the standard rent of the dwelling-house (within the meaning of that section) is a rent agreed or determined in accordance with the next following section. 7Settlement of terms of statutory tenancy (1)The standard rent of the dwelling-house during the period of the statutory tenancy, and the other terms on which the tenant and any successor to his statutory tenancy may retain possession of the dwelling-house during that period, shall be such as may be agreed between the landlord and the tenant or determined by the court; and for the avoidance of doubt it is hereby declared that section one of the Act of 1949 (which enables standard rents to be varied by a tribunal in certain circumstances) does not apply to the standard rent of the dwelling-house during the period of the statutory tenancy. (2)A landlord's notice proposing a statutory tenancy and anything done in pursuance thereof shall cease to have effect if by the beginning of the period of two months ending with the date of termination specified in the notice any of the following matters, that is to say,— (a)what premises are to constitute the dwelling-house ; (b)what rent is to be the standard rent of the dwelling house during the period of the statutory tenancy, the intervals at which instalments of that rent are to be payable, and whether they are to be payable in advance or in arrear; (c)whether any, and if so what, initial repairs (as defined in the next following section) are to be carried out on the dwelling-house; (d)whether initial repairs to be so carried out are to be carried out by the landlord or by the tenant, or which of them are to be carried out by the landlord and which by the tenant; and (e)the matters required by the next following section to be agreed or determined in relation to repairs before the beginning of the period of the statutory tenancy,has not been agreed between the landlord and the tenant and no application has been made by the beginning of the said period of two months for the determination by the court of such of those matters as have not been agreed: Provided that this subsection shall not have effect if at the end of the period of two months after the service of the landlord's notice the qualifying condition was not fulfilled as respects the tenancy unless the tenant has elected to retain possession. (3)In paragraph (a) of subsection (3) of section four of this Act, the expression " proposals for a statutory tenancy " means proposals as to the matters specified in paragraphs (b) to (e) of the last foregoing subsection, and such other proposals (if any) as to the terms mentioned in subsection (1) of this section as the landlord may include in his notice. (4)Any such proposals— (a)shall be made, and be expressed to be made, on the assumption that the dwelling-house will be the premises specified in the landlord's notice in accordance with subsection (3) of section four of this Act; (b)shall not be-treated as failing to satisfy the requirements of the said subsection (3) by reason only of a difference between the premises to which the proposals relate and the premises subsequently agreed or determined to be the dwelling-house,and in the event of any such difference the landlord shall not be bound by his proposals notwithstanding that they may have been accepted by the tenant. (5)An application for securing a determination by the court in accordance with the foregoing provisions of this section shall be made by the landlord, and— (a)shall be made during the currency of the landlord's notice proposing a statutory tenancy and not earlier than two months after the giving thereof, so however that if the tenant has elected to retain possession it may be made at a time not earlier than one month after the giving of the notice ; (b)subject to the provisions of the last foregoing subsection, shall not be made for the determination of any matter as to which agreement has already been reached between the landlord and the tenant. (6)In this Part of this Act the expression " the period of the statutory tenancy " means the period beginning with the coming to an end of the former tenancy and ending with the earliest date by which the tenant, and any successor to his statutory tenancy, have ceased to retain possession of the dwelling-house by virtue of the Rent Acts. 8Provisions as to repairs during period of statutory tenancy (1)Where it is agreed between the landlord and the tenant, or determined by the court, that the terms mentioned in subsection (1) of the last foregoing section shall include the carrying out of specified repairs (hereinafter referred to as " initial repairs"), and any of the initial repairs are required in consequence of failure by the tenant to fulfil his obligations under the former tenancy, the landlord shall be entitled to a payment (hereinafter referred to as a " payment for accrued tenant's repairs") of an amount equal to the cost reasonably incurred by the landlord in ascertaining what repairs are required as aforesaid and in carrying out such of the initial repairs as are so required and as respects which it has been agreed or determined as aforesaid that they are to be carried out by the landlord, excluding any part of that cost which is recoverable by the landlord otherwise than from the tenant or his predecessor in title. (2)A payment for accrued tenant's repairs may be made either by instalments or otherwise, as may be agreed or determined as aforesaid; and the provisions of the First Schedule to this Act shall have effect as to the time for, and method of, recovery of such payments, the persons from whom they are to be recoverable, and otherwise in relation thereto. (3)The obligations of the landlord and the tenant as respects the repair of the dwelling-house during the period of the statutory tenancy, shall, subject to the foregoing provisions of this section, be such as may be agreed between them or as may be determined by the court. (4)The matters referred to in paragraph (e) of subsection (2) of the last foregoing section are: (a)which of the initial repairs (if any) are required in consequence of failure by the tenant to fulfil his obligations under the former tenancy and, where there are any initial repairs so required, the amount to be included in the payment for accrued tenant's repairs in respect of the cost incurred by the landlord in ascertaining what initial repairs are so required ; (b)the estimated cost of the repairs so required, in so far as they are to be carried out by the landlord; (c)whether any payment for accrued tenant's repairs is to be payable by instalments or otherwise, and if by instalments the amount of each instalment (subject to any necessary reduction of the last), the time at which the first is to be payable and the frequency of the instalments; (d)whether there are to be any, and if so what, obligations as respects the repair of the dwelling-house during the period of the statutory tenancy, other than the execution of initial repairs. (5)The provisions of the Second Schedule to this Act shall have effect as respects cases where the landlord or the tenant fails to carry out initial repairs, as to the cost of carrying out such repairs in certain cases and as to the making of a record, where required by the landlord or by the tenant, of the state of repair of the dwelling-house. 9Principles to be observed in determining terms of statutory tenancy as to repairs and rent (1)Where it falls to the court to determine what initial repairs (if any) should be carried out by the landlord, the court shall not, except with the consent of the landlord and the tenant, require the carrying out of initial repairs in excess of what is required to bring the dwelling-house into good repair or the carrying out of any repairs not specified by the landlord in his application as repairs which he is willing to carry out. (2)In the last foregoing subsection the expression " good repair " means good repair as respects both structure and decoration, having regard to the age, character and locality of the dwelling-house. (3)Notwithstanding anything in subsection (1) of section seven of this Act, the court shall not have power to determine that any initial repairs shall be carried out by the tenant except with his consent. (4)Any obligations imposed by the court under this Part of this Act as to keeping the dwelling-house in repair during the period of the statutory tenancy shall not be such as to require the dwelling-house to be kept in a better state of repair than the state which may be expected to subsist after the completion of any initial repairs to be carried out or, in the absence of any agreement or determination requiring the carrying out of initial repairs, in a better state of repair than the state subsisting at the time of the court's determination of what obligations are to be imposed. (5)Where it falls to the court to determine the rent which should be the standard rent of the dwelling-house during the period of the statutory tenancy, the court shall have regard in particular— (a)to the state of repair of the dwelling-house which may be expected to subsist after the completion of the initial repairs (if any) to be carried out or, in the absence of any agreement or determination requiring the carrying out of initial repairs, to the state of repair at the time of the court's determination, and (b)to the terms (other than terms as to rent, as to initial repairs and as to any payment for accrued tenant's repairs) which will have effect as respects the dwelling-house during the period of the statutory tenancy,and the rent determined by the court shall be the rent which, irrespective of the personal circumstances of the parties, in its opinion would be a reasonable rent for the dwelling-house on a letting in that state of repair and on those terms. 10Provisions as to liabilities under tenant's covenants in former lease (1)If on the termination of the former tenancy the tenant retains possession of the dwelling-house by virtue of section six of this Act, any liability, whether of the tenant or of any predecessor in title of his, arising under the terms of the former tenancy shall be extinguished :Provided that this subsection shall not affect any liability— (a)for failure to pay rent or rates or to insure or keep insured, or (b)in respect of the use of any premises for immoral or illegal purposes,or any liability under the terms of the former tenancy in so far as those terms related to property other than the dwelling-house. (2)During the period of the statutory tenancy no order shall be made for the recovery of possession of the dwelling-house from the tenant on any of the grounds specified in paragraphs (a) and (b) of the First Schedule to the Act of 1933 (which relate to the recovery of possession where an obligation of the tenancy has been broken or where certain specified acts or defaults have been committed) by reason only of any act or default which occurred before the date of termination of the former tenancy. 11Operation of Rent Acts after end of period of statutory tenancy As from the end of the period of the statutory tenancy, the operation of the Rent Acts in relation to any premises which during that period were, or formed part of, the dwelling-house shall be the same as if neither the premises which were during that period the dwelling-house nor any part of those premises had ever been let before the end of that period: Provided that nothing in the foregoing provisions of this section shall affect any part of the premises so long as a person retains possession of that part by virtue of the Rent Acts in consequence of a letting effected during the period of the statutory tenancy. Provisions as to possession on termination of long tenancy 12Grounds for resumption of possession by landlord (1)The grounds on which a landlord may apply to the court for possession of the property comprised in a tenancy to which section one of this Act applies are the following:— (a)that for purposes of redevelopment after the termination of the tenancy the landlord proposes to demolish or reconstruct the whole or a substantial part of the relevant premises ; (b)the grounds specified in the Third Schedule to this Act (which correspond, subject to the necessary modifications, to the grounds on which a court may make an order for possession under the Rent Acts). (2)In this section the expression "the relevant premises" means— (a)as respects any time after the term date, the premises of which, if the tenancy were not one at a low rent, the tenant would have been entitled to retain possession by virtue of the Rent Acts after the coming to an end of the tenancy at the term date ; (b)as respects any time before the term date, the premises agreed between the landlord and the tenant or determined by the court to be likely to be the premises of which, if the tenancy were not one at a low rent, the tenant would be entitled to retain possession as aforesaid. 13Landlord's application for possession (1)Where a landlord's notice to resume possession has been served and either— (a)the tenant elects to retain possession, or (b)at the end of the period of two months after the service of the landlord's notice the qualifying condition is fulfilled as respects the tenancy,the landlord may apply to the court for an order under this section on such of the grounds mentioned in the last foregoing section as may be specified in the notice : Provided that the application shall not be made later than two months after the tenant elects to retain possession, or, if he has not elected to retain possession, later than four months after the service of the notice. (2)Where the ground or one of the grounds for claiming possession specified in the landlord's notice was that mentioned in paragraph (a) of subsection (1) of the last foregoing section, then if on such an application the court is satisfied that the landlord has established that ground as respects premises specified in the application, and is further satisfied.— (a)that on the said ground possession of the specified premises will be required by the landlord on the termination of the tenancy; and (b)that the landlord has made such preparations (including the obtaining, or, if that is not reasonably practicable in the circumstances, preparations relating to the obtaining, of any requisite permission or consent, whether from any authority whose permission or consent is required under any enactment or from the owner of any interest in any property) for proceeding with the redevelopment as are reasonable in the circumstances,the court shall order that the tenant shall, on the termination of the tenancy, give up possession of all the property then comprised in the tenancy. (3)Where in a case falling within the last foregoing subsection the court is not satisfied as therein mentioned, but would be satisfied if the date of termination of the tenancy had been such date (in this subsection referred to as " the postponed date ") as the court may determine, being a date later, but not more than one year later, than the date of termination specified in the landlord's notice, the court shall, if the landlord so requires, make an order specifying the postponed date and otherwise to the following effect, that is to say:— (a)that the tenancy shall not come to an end on the date of termination specified in the landlord's notice but shall continue thereafter, as respects the whole of the property comprised therein, at the same rent and in other respects on the same terms as before that date ; (b)that unless the tenancy comes to an end before the postponed date, the tenant shall on that date give up possession of all the property then comprised in the tenancy. (4)Where the ground or one of the grounds for claiming possession specified in the landlord's notice was one mentioned in the Third Schedule to this Act, then if on an application made in accordance with subsection (1) of this section the court is satisfied that the landlord has established that ground and that it is reasonable that the landlord should be granted possession, the court shall order that the tenant shall, on the termination of the tenancy, give up possession of all the property then comprised in the tenancy. (5)Nothing in the foregoing provisions of this section shall prejudice any power of the tenant under section five of this Act to terminate the tenancy ; and subsection (2) of that section shall apply where the tenancy is continued by an order under subsection (3) of this section as it applies where the tenancy is continued by virtue of section three of this Act. 14Provisions where tenant not ordered to give up possession (1)The provisions of this section shall have effect where in a case falling within paragraph (a) or (b) of subsection (1) of the last foregoing section the landlord does not obtain an order under the last foregoing section. (2)If at the expiration of the period within which an application under the last foregoing section may be made the landlord has not made such an application, the landlord's notice, and anything done in pursuance thereof, shall thereupon cease to have effect. (3)If before the expiration of the said period the landlord has made an application under the last foregoing section, but the result of the application, at the time when it is finally disposed of, is that no order is made, the landlord's notice shall cease to have effect; but if within one month after the application to the court is finally disposed of the landlord gives a landlord's notice proposing a statutory tenancy, the earliest date which may be specified therein as the date of termination shall, notwithstanding anything in subsection (2) of section four of this Act. be the expiration of three months from the giving of the subsequent notice. (4)The reference in the last foregoing subsection to the time at which an application is finally disposed of shall be construed as a reference to the earliest time at which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the time of withdrawal or abandonment. (5)A landlord's notice to resume possession may be withdrawn at any time by notice in writing served on the tenant (without prejudice, however, to the power of the court to make an order as to costs if the notice is withdrawn after the landlord has made an application under the last foregoing section); and if within one month of the withdrawal of a landlord's notice to resume possession the landlord gives a landlord's notice proposing a statutory tenancy, the earliest date which may be specified therein as the date of termination shall, notwithstanding anything in subsection (2) of section four of this Act, be the expiration of three months from the giving of the subsequent notice or six months from the giving of the withdrawn notice, whichever is the later. (6)Where by virtue of subsection (3) or (5) of this section the landlord gives a landlord's notice proposing a statutory tenancy which specifies as the date of termination a date earlier than six months after the giving of the notice, subsection (2) of section seven of this Act shall apply in relation", to the notice with the substitution, for references to the period of two months ending with the date of termination specified in the notice and the beginning of that period, of references to the period of three months beginning with the giving of the notice and the end of that period. Protection of sub-tenants on corning to end of superior long tenancy at low rent 15Protection of Rent Acts not to be lost on coming to an end of superior long tenancy at a low rent (1)For the purposes of subsection (3) of section fifteen of the Act of 1920 (which provides that, where the interest of a tenant comes to an end for any reason, a sub-tenant to whom the premises or any part have been lawfully sublet shall be deemed to become the tenant of the superior landlord), the interest of a tenant under a long tenancy shall, notwithstanding the provisions of subsection (7) of section twelve of that Act, not be disregarded by reason only that the rent payable in respect of the tenancy is one falling within the said subsection (7):Provided that this section shall not have effect where the sub-tenancy in question was created (whether immediately or derivatively) after the commencement of this Act out of a long tenancy in respect of which either of the following conditions were fulfilled at the time of the creation of the sub-tenancy, that is to say— (a)that a notice to terminate the long tenancy had been given under subsection (1) of section four of this Act, or (b)that the long tenancy was being continued by subsection (1) of section three, of this Act,unless the sub-tenancy was created with the consent in writing of the person who at the time when it was created was the landlord. (2)The last foregoing subsection shall not prejudice paragraph (d) of the First Schedule to the Act of 1933 (which gives the court power in certain cases to make an order for possession where the tenant has sublet the dwelling-house). General and supplementary provisions 16Relief for tenant where landlord proceeding to enforce covenants (1)The provisions of the next following subsection shall have effect where, in the case of a tenancy to which section one of this Act applies,— (a)the immediate landlord has brought proceedings to enforce a right of re-entry or forfeiture or a right to damages in respect of a failure to comply with any terms of the tenancy, (b)the tenant has made application in the proceedings for relief under this section, and (c)the court makes an order for the recovery from the tenant of possession of the property comprised in the tenancy or for the payment by the tenant of such damages as aforesaid, and the order is made at a time earlier than seven months before the term date of the tenancy. (2)The operation of the order shall be suspended for a period of fourteen days from the making thereof, and if before the end of that period the tenant gives notice in writing to the immediate landlord that he desires that the provisions of the two following paragraphs shall have effect, and lodges a copy of the notice in the court,— (a)the order shall not have effect except if and in so far as it provides for the payment of costs, and (b)the tenancy shall thereafter have effect, and this Part of this Act shall have effect in relation thereto, as if it had been granted for a term expiring at the expiration of seven months from the making of the order. (3)In any case falling within paragraphs (a) and (b) of subsection (1) of this section, the court shall not make any such order as is mentioned in paragraph (c) thereof unless the time of the making of the order falls earlier than seven months before the term date of the tenancy:Provided that (without prejudice to section ten of this Act) this subsection shall not prevent the making of an order for the payment of damages in respect of a failure, as respects any premises, to comply with the terms of a tenancy if, at the time when the order is made, the tenancy has come to an end as respects those premises. (4)The foregoing provisions of this section shall not have effect in relation to a failure to comply with— (a)any term of a tenancy as to payment of rent or rates or as to insuring or keeping insured any premises, or (b)any term restricting the use of any premises for immoral or illegal purposes. (5)References in this section to proceedings to enforce a right to damages in respect of a failure to comply with any terms of a tenancy shall be construed as including references to proceedings for recovery from the tenant of expenditure incurred by or recovered from the immediate landlord in consequence of such a failure on the part of the tenant. (6)Nothing in the foregoing provisions of this section shall prejudice any right to apply for relief under any other enactment. (7)Subsection (3) of section two of this Act shall not have effect in relation to this section. 17Prohibition of agreements excluding Part I The provisions of this Part of this Act shall have effect notwithstanding any agreement to the contrary: Provided that nothing in this Part of this Act shall be construed as preventing the surrender of a tenancy. 18Duty of tenants of residential property to give information to landlords or superior landlords (1)Where the property comprised in a long tenancy at a low rent is or includes residential premises, then at any time during the last two years of the term of the tenancy, or (if the tenancy is being continued after the term date by subsection (1) of section three of this Act) at any time while the tenancy is being so continued, the immediate landlord or any superior landlord may give to the tenant or any sub-tenant of premises comprised in the long tenancy a notice in the prescribed form requiring him to notify the landlord or superior landlord, as the case may be,— (a)whether the interest of the person to whom the notice is given has effect subject to any sub-tenancy on which that interest is immediately expectant and, if so, (b)what premises are comprised in the sub-tenancy, for what term it has effect (or, if it is terminable by notice, by what notice it can be terminated), what is the rent payable thereunder, who is the sub-tenant and (to the best of the knowledge and belief of the person to whom the notice is given) whether the sub-tenant is in occupation of the premises comprised in the sub-tenancy or any part of those premises and, if not, what is the sub-tenant's address,and it shall be the duty of the person to whom such a notice is given to comply therewith within one month of the giving of the notice. (2)In this section the expression " residential premises" means premises normally used, or adapted for use, as one or more dwellings, the expression " sub-tenant" in relation to a long tenancy means the owner of a tenancy created (whether immediately or derivatively) out of the long tenancy and includes a person retaining possession of any premises by virtue of the Rent Acts after the coming to an end of a sub-tenancy, and the expression " sub-tenancy " includes a right so to retain possession. 19Application of Part I to tenancies granted in continuation of long tenancies (1)Where on the coming to an end of a tenancy at a low rent the person who was tenant thereunder immediately before the coming to an end thereof becomes (whether by grant or by implication of law) tenant of the whole or any part of the property comprised therein under another tenancy at a low rent, then if the first tenancy was a long tenancy or is deemed by virtue of this subsection to have been a long tenancy the second tenancy shall be deemed for the purposes of this Part of this Act to be a long tenancy irrespective of its terms. (2)In relation to a tenancy from year to year or other tenancy not granted for a term of years certain, being a tenancy which by virtue of the last foregoing subsection is to be deemed to be a long tenancy, this Part of this Act shall have effect subject to the modifications set out in the Fourth Schedule to this Act. 20Assumptions on which court to determine future questions Where under this Part of this Act any question falls to be determined by the court by reference to the circumstances at a future date, the court shall have regard to all rights, interests and obligations under or relating to the tenancy as they subsist at the time of the determination and to all relevant circumstances as they then subsist and shall assume, except in so far as the contrary is shown, that those rights, interests, obligations and circumstances will continue to subsist unchanged until the said future date. 21Meaning of "the landlord" in Part I and provisions as to mesne landlords, etc. (1)Subject to the provisions of this section, in this Part of this Act the expression " the landlord ", in relation to a tenancy (in this section referred as to " the relevant tenancy"), means the person (whether or not he is the immediate landlord) who is the owner of that interest in the property comprised in the relevant tenancy which for the time being fulfils the following conditions, that is to say— (a)that it is an interest in reversion expectant (whether immediately or not) on the termination of the relevant tenancy, and (b)that it is either the fee simple or a tenancy the duration of which is at least five years longer than that of the relevant tenancy,and is not itself in reversion expectant (whether immediately or not) on an interest which fulfils those conditions. (2)References in this Part of this Act to a notice to quit given by the landlord are references to a notice to quit given by the immediate landlord. (3)For the purposes of subsection (1) of this section the question whether a tenancy (hereinafter referred to as " the superior tenancy ") is to be treated as having a duration at least five years longer than that of the relevant tenancy shall be determined as follows:— (a)if the term date of the relevant tenancy has not passed, the superior tenancy shall be so treated unless it is due to expire at a time earlier than five years after the term date or can be. brought to an end at such a time by notice to quit given by the landlord ; (b)if the term date of the relevant tenancy has passed, the superior tenancy shall be so treated unless it is due to expire within five years or can be brought to an end within five years by notice to quit given by the landlord. (4)In relation to the premises constituting the dwelling-house where the Rent Acts apply by virtue of subsection (1) of section six of this Act, the expression " the landlord ", as respects any time falling within the period of the statutory tenancy, means the person who as respects those premises is the landlord of the tenant for the purposes of the Rent Acts:Provided that in relation to the carrying out of initial repairs, and to any payment for accrued tenant's repairs, the said expression, as respects any time falling within that period, means the person whose interest in the dwelling-house fulfils the following conditions, that is to say:— (a)that it is not due to expire within five years and is not capable of being brought to an end within five years by notice to quit given by the landlord, and (b)that it is not itself in reversion expectant on an interest which is not due to expire or capable of being brought to an end as aforesaid. (5)The provisions of the Fifth Schedule to this Act shall have effect for the application of this Part of this Act to cases where the immediate landlord of the tenant is not the owner of the fee simple in respect of the premises in question. (6)Notwithstanding anything in subsection (1) of this section, if at any time the interest which apart from this subsection would be the interest of the landlord is an interest not bound by this Part of this Act and is not the interest of the immediate landlord, then as respects that time the expression " the landlord " means in this Part of this Act (subject to the provisions of subsection (2) of this section) the person (whether or not he is the immediate landlord) who has the interest in the property comprised in the relevant tenancy immediately derived out of the interest not bound by this Part of this Act. In this subsection the expression " interest not bound by this Part of this Act" means an interest belonging to Her Majesty in right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, or belonging to a Government department or held on behalf of Her Majesty for the purposes of a Government department. 22Interpretation of Part I (1)In this Part of this Act :— " Act of 1920 ", " Act of 1933 "," Act of 1938 "," Act of 1939 " and "Act of 1949 " mean respectively the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920, the Rent and Mortgage Interest Restrictions (Amendment) Act, 1933, the Increase of Rent and Mortgage Interest (Restrictions) Act, 1938, the Rent and Mortgage Interest Restrictions Act, 1939, and the Landlord and Tenant (Rent Control) Act, 1949, and " Acts of 1920 to 1938 " means the Rent and Mortgage Interest Restrictions Acts, 1920 to 1938; " date of termination " has the meaning assigned to it by subsection (1) of section four of this Act; " the dwelling-house " has the meaning assigned to it by subsection (3) of section six of this Act; " election to retain possession " has the meaning assigned to it by subsection (6) of section four of this Act; "former tenancy" has the meaning assigned to it by subsection (1) of section six of this Act; " initial repairs " has the meaning assigned to it by subsection (1) of section eight of this Act; '' the landlord " has the meaning assigned to it by the last foregoing section ; " landlord's notice proposing a statutory tenancy" and " landlord's notice to resume possession" have the meanings assigned to them respectively by subsection (5) of section four of this Act; " long tenancy " has the meaning assigned to it by subsection (4) of section two of this Act; " order " includes judgment; " payment for accrued tenant's repairs " has the meaning assigned to it by subsection (1) of section eight of this Act; " the period of the statutory tenancy" has the meaning assigned to it by subsection (6) of section seven of this Act; " premises qualifying for protection" has the meaning assigned to it by subsection (3) of section three of this Act; " qualifiying condition " has the meaning assigned to it by subsection (1) of section two of this Act; " the Rent Acts " means the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939 and the Act of 1949 ; " tenancy at a low rent" has the meaning assigned to it by subsection (5) of section two of this Act; " term date " has the meaning assigned to it by subsection (6) of section two of this Act. (2)In relation to the premises constituting the dwelling-house the expression " the tenant" in this Part of this Act means the tenant under the former tenancy and, except as respects any payment for accrued tenant's repairs not payable by instalments, includes any successor to his statutory tenancy, and the expression " successor to his statutory tenancy ", in relation to that tenant, means a person who after that tenant's death retains possession of the dwelling-house by virtue of the Rent Acts. (3)In determining, for the purposes of any provision of this Part of this Act, whether the property comprised in a tenancy, or any part of that property, was let as a separate dwelling, the nature of the property or part at the time of the creation of the tenancy shall be deemed to have been the same as its nature at the time in relation to which the question arises, and the purpose for which it was let under the tenancy shall be deemed to have been the same as the purpose for which it is or was used at the last-mentioned time. Part II Security of Tenure for Business, Professional and other Tenants Tenancies to which Part II applies 23Tenancies to which Part II applies (1)Subject to the provisions of this Act, this Part of this Act applies to any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes. (2)In this Part of this Act the expression " business " includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporate. (3)In the following provisions of this Part of this Act the expression " the holding", in relation to a tenancy to which this Part of this Act applies, means the property comprised in the tenancy, there being excluded any part thereof which is occupied neither by the- tenant nor by a person employed by the tenant and so employed for the purposes of a business by reason of which the tenancy is one to which this Part of this Act applies. (4)Where the tenant is carrying on a business, in all or any part of the property comprised in a tenancy, in breach of a prohibition (however expressed) of use for business purposes which subsists under the terms of the tenancy and extends to the whole of that property, this Part of this Act shall not apply to the tenancy unless the immediate landlord or his predecessor in title has consented to the breach or the immediate landlord has acquiesced therein. In this subsection the reference to a prohibition of use for business purposes does not include a prohibition of use for the purposes of a specified business, or of use for purposes of any but a specified business, but save as aforesaid includes a prohibition of use for the purposes of some one or more only of the classes of business specified in the definition of that expression in subsection (2) of this section. Continuation and renewal of tenancies 24Continuation of tenancies to which Part II applies and grant of new tenancies (1)A tenancy to which this Part of this Act applies shall not come to an end unless terminated in accordance with the provisions of this Part of this Act; and, subject to the provisions of section twenty-nine of this Act, the tenant under such a tenancy may apply to the court for a new tenancy— (a)if the landlord has given notice under the next following section to terminate the tenancy, or (b)if the tenant has made a request for a new tenancy in accordance with section twenty-six of this Act. (2)The last foregoing subsection shall not prevent the coming to an end of a tenancy by notice to quit given by the tenant, by surrender or forfeiture, or by the forfeiture of a superior tenancy. (3)Notwithstanding anything in subsection (1) of this section,— (a)where a tenancy to which this Part of this Act applies ceases to be such a tenancy, it shall not come to an end by reason only of the cesser, but if it was granted for a term of years certain and has been continued by subsection (1) of this section then (without prejudice to the termination thereof in accordance with any terms of the tenancy) it may be terminated by not less than three nor more than six months' notice in writing given by the landlord to the tenant; (b)where, at a time when a tenancy is not one to which this Part of this Act applies, the landlord gives notice to quit, the operation of the notice shall not be affected by reason that the tenancy becomes one to which this Part of this Act applies after the giving of the notice. 25Termination of tenancy by the landlord (1)The landlord may terminate a tenancy to which this Part of this Act applies by a notice given to the tenant in the prescribed form specifying the date at which the tenancy is to come to an end (hereinafter referred to as "the date of termination "):Provided that this subsection has effect subject to the provisions of Part IV of this Act as to the interim continuation of tenancies pending the disposal of applications to the court. (2)Subject to the provisions of the next following subsection, a notice under this section shall not have effect unless it is given not more than twelve nor less than six months before the date of termination specified therein. (3)In the case of a tenancy which apart from this Act could have been brought to an end by notice to quit given by the landlord— (a)the date of termination specified in a notice under this section shall not be earlier than the earliest date on which apart from this Part of this Act the tenancy could have been brought to an end by notice to quit given by the landlord on the date of the giving of the notice under this section; and (b)where apart from this Part of this Act more than six months' notice to quit would have been required to bring the tenancy to an end, the last foregoing subsection shall have effect with the substitution for twelve months of a period six months longer than the length of notice to quit which would have been required as aforesaid. (4)In the case of any other tenancy, a notice under this section shall not specify a date of termination earlier than the date on which apart from this Part of this Act the tenancy would have come to an end by effluxion of time. (5)A notice under this section shall not have effect unless it requires the tenant, within two months after the giving of the notice, to notify the landlord in writing whether or not, at the date of termination, the tenant will be willing to give up possession of the property comprised in the tenancy. (6)A notice under this section shall not have effect unless it states whether the landlord would oppose an application to the court under this Part of this Act for the grant of a new tenancy and, if so, also states on which of the grounds mentioned in section thirty of this Act he would do so. 26Tenant's request for a new tenancy (1)A tenant's request for a new tenancy may be made where the tenancy under which he holds for the time being (hereinafter referred to as " the current tenancy ") is a tenancy granted for a term of years certain exceeding one year, whether or not continued by section twenty-four of this Act, or granted for a term of years certain and thereafter from year to year. (2)A tenant's request for a new tenancy shall be for a tenancy beginning with such date, not more than twelve nor less than six months after the making of the request, as may be specified therein:Provided that the said date shall not be earlier than the date on which apart from this Act the current tenancy would come to an end by effluxion of time or could be brought to an end by notice to quit given by the tenant. (3)A tenant's request for a new tenancy shall not have effect unless it is made by notice in the prescribed form given to the landlord and sets out the tenant's proposals as to the property to be comprised in the new tenancy (being either the whole or part of the property comprised in the current tenancy), as to the rent to be payable under the new tenancy and as to the other terms of the new tenancy. (4)A tenant's request for a new tenancy shall not be made if the landlord has already given notice under the last foregoing section to terminate the current tenancy, or if the tenant has already given notice to quit or notice under the next following section ; and not such notice shall by given by the landlord or the tenant after the making by the tenant of a request for a new tenancy. (5)Where the tenant makes a request for a new tenancy in accordance with the foregoing provisions of this section, the current tenancy shall, subject to the provisions of subsection (2) of section thirty-six of this Act and the provisions of Part IV of this Act as to the interim continuation of tenancies, terminate immediately before the date specified in the request for the beginning of the new tenancy. (6)Within two months of the making of a tenant's request for a new tenancy the landlord may give notice to the tenant that he will oppose an application to the court for the grant of a new tenancy, and any such notice shall state on which of the grounds mentioned in section thirty of this Act the landlord will oppose the application. 27Termination by tenant of tenancy for fixed term (1)Where the tenant under a tenancy to which this Part of this Act applies, being a tenancy granted for a term of years certain, gives to the immediate landlord, not later than three months before the date on which apart from this Act the tenancy would come to an end by effluxion of time, a notice in writing that the tenant does not desire the tenancy to be continued, section twenty-four of this Act shall not have effect in relation to the tenancy. (2)A tenancy granted for a term of years certain which is continuing by virtue of section twenty-four of this Act may -be brought to an end on any quarter day by not less than three months' notice in writing given by the tenant to the immediate landlord, whether the notice is given before or after the date on which apart from this Act the tenancy would have come to an end. 28Renewal of tenancies by agreement Where the landlord and tenant agree for the grant to the tenant of a future tenancy of the holding, or of the holding with other land, on terms and from a date specified in the agreement, the current tenancy shall continue until that date but no longer, and shall not be a tenancy to which this Part of this Act applies. Application to court for new tenancies 29Order by court for grant of a new tenancy (1)Subject to the provisions of this Act, on an application under subsection (1) of section twenty-four of this Act for a new tenancy the court shall make an order for the grant of a tenancy comprising such property, at such rent and on such other terms, as are hereinafter provided. (2)Where such an application is made in consequence of a notice given by the landlord under section twenty-five of this Act, it shall not be entertained unless the tenant has duly notified the landlord that he will not be willing at the date of termination to give up possession of the property comprised in the tenancy. (3)No application under subsection (1) of section twenty-four of this Act shall be entertained unless it is made not less than two nor more than four months after the giving of the landlord's notice under section twenty-five of this Act or, as the case may be, after the making of the tenant's request for a new tenancy. 30Opposition by landlord to application for new tenancy (1)The grounds on which a landlord may oppose an application under subsection (1) of section twenty-four of this Act are such of the following grounds as may be stated in the landlord's notice under section twenty-five of this Act or as the case may be, under subsection (6) of section twenty-six thereof, that is to say:— (a)where under the current tenancy the tenant has any obligations as respects the repair and maintenance of the holding, that the tenant ought not to be granted a new tenancy in view of the state of repair of the holding, being a state resulting from the tenant's failure to comply with the said obligations; (b)that the tenant ought not to be granted a new tenancy in view of his persistent delay in paying rent which has become due; (c)that the tenant ought not to be granted a new tenancy in view of other substantial breaches by him of his obligations under the current tenancy, or for any other reason connected with the tenant's use or management of the holding; (d)that the landlord has offered and is willing to provide or secure the provision of alternative accommodation for the tenant, that the terms on which the alternative accommodation is available are reasonable having regard to the terms of the current tenancy and to all other relevant circumstances, and that the accommodation and the time at which it will be available are suitable for the tenant's requirements (including the requirement to preserve goodwill) having regard to the nature and class of his business and to the situation and extent of and facilities afforded by the holding; (e)where the current tenancy was created by the sub-letting of part only of the property comprised in a superior tenancy and the landlord is the owner of an interest in reversion expectant on the termination of that superior tenancy, that the aggregate of the rents reasonably obtainable on separate lettings of the holding and the remainder of that property would be substantially less than the rent reasonably obtainable on a letting of that property as a whole, that on the termination of the current tenancy the landlord requires possession of the holding for the purpose of letting or otherwise disposing of the said property as a whole, and that in view thereof the tenant ought not to be granted a new tenancy; (f)that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work of construction on the holding or part thereof and that he could not reasonably do so without obtaining possession of the holding ; (g)subject as hereinafter provided, that on the termination of the current tenancy the landlord intends to occupy the holding for the purposes, or partly for the purposes, of a business to be carried on by him therein, or as his residence. (2)The landlord shall not be entitled to oppose an application on the ground specified in paragraph (g) of the last foregoing subsection if the interest of the landlord, or an interest which has merged in that interest and but for the merger would be the interest of the landlord, was purchased or created after the beginning of the period of five years which ends with the termination of the current tenancy, and at all times since the purchase or creation thereof the holding has been comprised in a tenancy or successive tenancies of the description specified in subsection (1) of section twenty-three of this Act. 31Dismissal of application for new tenancy where landlord successfully opposes (1)If the landlord opposes an application under subsection (1) of section twenty-four of this Act on grounds on which he is entitled to oppose it in accordance with the last foregoing section and establishes any of those grounds to the satisfaction of the court, the court shall not make an order for the grant of a new tenancy. (2)Where in a case not falling within the last foregoing subsection the landlord opposes an application under the said subsection (1) on one or more of the grounds specified in paragraphs (d), (e) and (f) of subsection (1) of the last foregoing section but establishes none of those grounds to the satisfaction of the court, then if the court would have been satisfied of any of those grounds if the date of termination specified in the landlord's notice or, as the case may be, the date specified in the tenant's request for a new tenancy as the date from which the new tenancy is to begin, had been such later date as the court may determine, being a date not more than one year later than the date so specified.— (a)the court shall make a declaration to that effect, stating of which of the said grounds the court would have been satisfied as aforesaid and specifying the date determined by the court as aforesaid, but shall not make an order for the grant of a new tenancy; (b)if, within fourteen days after the making of the declaration, the tenant so requires the court shall make an order substituting the said date for the date specified in the said landlord's notice or tenant's request, and thereupon that notice or request shall have effect accordingly. 32Property to be comprised in new tenancy (1)Subject to the next following subsection, an order under section twenty-nine of this Act for the grant of a new tenancy shall be an order for the grant of a new tenancy of the holding; and in the absence of agreement between the landlord and the tenant as to the property which constitutes the holding the court shall in the order designate that property by reference to the circumstances existing at the date of the order. (2)The foregoing provisions of this section shall not apply in a case where the property comprised in the current tenancy includes other property besides the holding and the landlord requires any new tenancy ordered to be granted under section twenty-nine of this Act to be a tenancy of the whole of the property comprised in the current tenancy; but in any such case— (a)any order under the said section twenty-nine for the grant of a new tenancy shall be an order for the grant of a new tenancy of the whole of the property comprised in the current tenancy, and (b)references in the following provisions of this Part of this Act to the holding shall be construed as references to the whole of that property. (3)Where the current tenancy includes rights enjoyed by the tenant in connection with the holding, those rights shall be included in a tenancy ordered to be granted under section twenty-nine of this Act. 33Duration of new tenancy Where on an application under this Part of this Act the court makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant, or, in default of such an agreement, shall be such a tenancy as may be determined by the court to be reasonable in all the circumstances, being, if it is a tenancy for a term of years certain, a tenancy for a term not exceeding fourteen years, and shall begin on the coming to an end of the current tenancy. 34Rent under new tenancy The rent payable under a tenancy granted by order of the court under this Part of this Act shall be such as may be agreed between the landlord and the tenant or as. in default of such agreement, may be determined by the court to be that at which, having regard to the terms of the tenancy (other than those relating to rent), the holding might reasonably be expected to be let in the open market by a willing lessor, there being disregarded— (a)any effect on rent of the fact that the tenant has or his predecessors in title have been in occupation of the holding, (b)any goodwill attached to the holding by reason of the carrying on thereat of the business of the tenant (whether by him or by a predecessor of his in that business), (c)any effect on rent of any improvement carried out by the tenant or a predecessor in title of his otherwise than in pursuance of an obligation to his immediate landlord, (d)in the case of a holding comprising licensed premises, any addition to its value attributable to the licence, if it appears to the court that having regard to the terms of the current tenancy and any other relevant circumstances the benefit of the licence belongs to the tenant. 35Other terms of new tenancy The terms of a tenancy granted by order of the court under this Part of this Act (other than terms as to the duration thereof and as to the rent payable thereunder) shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the court; and in determining those terms the court shall have regard to the terms of the current tenancy and to all relevant circumstances. 36Carrying out of order for new tenancy (1)Where under this Part of this Act the court makes an order for the grant of a new tenancy, then, unless the order is revoked under the next following subsection or the landlord and the tenant agree not to act upon the order, the landlord shall be bound to execute or make in favour of the tenant, and the tenant shall be bound to accept, a lease or agreement for a tenancy of the holding embodying the terms agreed between the landlord and the tenant or determined by the court in accordance with the foregoing provisions of this Part of this Act; and where the landlord executes or makes such a lease or agreement the tenant shall be bound, if so required by the landlord, to execute a counterpart or duplicate thereof. (2)If the tenant, within fourteen days after the making of an order under this Part of this Act for the grant of a new tenancy, applies to the court for the revocation of the order the court shall revoke the order; and where the order is so revoked, then, if it is so agreed between the landlord and the tenant or determined by the court, the current tenancy shall continue, beyond the date at which it would have come to an end apart from this subsection, for such period as may be so agreed or determined to be necessary to afford to the landlord a reasonable opportunity for reletting or otherwise disposing of the premises which would have been comprised in the new tenancy; and while the current tenancy continues by virtue of this subsection it shall not be a tenancy to which this Part of this Act applies. (3)Where an order is revoked under the last foregoing subsection any provision thereof as to payment of costs shall not cease to have effect by reason only of the revocation ; but the court may, if it thinks fit, revoke or vary any such provision or, where no costs have been awarded in the proceedings for the revoked order, award such costs. (4)A lease executed or agreement made under this section, in a case where the interest of the lessor is subject to a mortgage, shall be deemed to be one authorised by section ninety-nine of the Law of Property Act, 1925 (which confers certain powers of leasing on mortgagors in possession), and subsection (13) of that section (which allows those powers to be restricted or excluded by agreement) shall not have effect in relation to such a lease or agreement. 37Compensation where order for new tenancy precluded on certain grounds (1)Where on the making of an application under section twenty-four of this Act the court is precluded (whether by subsection (1) or subsection (2) of section thirty-one of this Act) from making an order for the grant of a new tenancy by reason of any of the grounds specified in paragraphs (e), (f) and (g) of subsection (1) of section thirty of this Act and not of any grounds specified in any other paragraph of that subsection, then, subject to the provisions of this Act, the tenant shall be entitled on quitting the holding to recover from the landlord by way of compensation an amount determined in accordance with the following provisions of this section. (2)The said amount shall be as follows, that is to say,— (a)where the conditions specified in the next following subsection are satisfied it shall be twice the rateable value of the holding, (b)in any other case it shall be the rateable value of the holding. (3)The said conditions are— (a)that, during the whole of the fourteen years immediately preceding the termination of the current tenancy, premises being or comprised in the holding have been occupied for the purposes of a business carried on by the occupier or for those and other purposes; (b)that, if during those fourteen years there was a change in the occupier of the premises, the person who was the occupier immediately after the change was the successor to the business carried on by the person who was the occupier immediately before the change. (4)Where the court is precluded from making an order for the grant of a new tenancy under this Part of this Act in the circumstances mentioned in subsection (1) of this section, the court shall on the application of the tenant certify that fact. (5)For the purposes of subsection (2) of this section the rateable value of the holding shall be determined as follows:— (a)where in the valuation list in force at the date on which the landlord's notice under section twenty-five or, as the case may be, subsection (6) of section twenty-six of this Act is given a value is then shown as the annual value (as hereinafter defined) of the holding, the rateable value of the holding shall be taken to be that value ; (b)where no such value is so shown with respect to the holding but such a value or such values is or are so shown with respect to premises comprised in or comprising the holding or part of it, the rateable value of the holding shall be taken to be such value as is found by a proper apportionment or aggregation of the value or values so shown ; (c)where the rateable value of the holding cannot be ascertained in accordance with the foregoing paragraphs of this subsection, it shall be taken to be the value which, apart from any exemption from assessment to rates, would on a proper assesment be the value to be entered in the said valuation list as the annual value of the holding ;and any dispute arising, whether in proceedings before the court or otherwise, as to the determination for those purposes of the rateable value of the holding shall be referred to the Commissioners of Inland Revenue for decision by a valuation officer. An appeal shall lie to the Lands Tribunal from any decision of a valuation officer under this subsection, but subject thereto any such decision shall be final. (6)The Commissioners of Inland Revenue may by statutory instrument make rules prescribing the procedure in connection with references under this section. (7)In this section—the reference to the termination of the current tenancy is a reference to the date of termination specified in the landlord's notice under section twenty-five of this Act or, as the case may be, the date specified in the tenant's request for a new tenancy as the date from which the new tenancy is to begin ; the expression " annual value " means rateable value except that where the rateable value differs from the net annual value the said expression means net annual value; the expression " valuation officer " means any officer of the Commissioners of Inland Revenue for the time being authorised by a certificate of the Commissioners to act in relation to a valuation list. 38Restriction on agreements excluding provisions of Part II (1)Any agreement relating to a tenancy to which this Part of this Act applies (whether contained in the instrument creating the tenancy or not) shall be void in so far as it purports to preclude the tenant from making an application or request under this Part of this Act or provides for the termination or the surrender of the tenancy in the event of his making such an application or request or for the imposition of any penalty or disability on the tenant in that event. (2)Where— (a)during the whole of the five years immediately preceding the date on which the tenant under a tenancy to which this Part of this Act applies is to quit the holding, premises being or comprised in the holding have been occupied for the purposes of a business carried on by the occupier or for those and other purposes, and (b)if during those five years there was a change in the occupier of the premises, the person who was the occupier immediately after the change was the successor to the business carried on by the person who was the occupier immediately before the change,any agreement (whether contained in the instrument creating the tenancy or not and whether made before or after the termination of that tenancy) which purports to exclude or reduce compensation under the last foregoing section shall to that extent be void, so however that this subsection shall not affect any agreement as to the amount of any such compensation which is made after the right to compensation has accrued. (3)In a case not falling within the last foregoing subsection the right to compensation conferred by the last foregoing section may be excluded or modified by agreement. General and supplementary provisions 39Saving for compulsory acquisitions (1)The amount of any compensation payable under section one hundred and twenty-one of the Lands Clauses Consolidation Act, 1845 (which relates to the payment of compensation and the obtaining of possession by an acquiring authority in the case of tenancies from year to year or less interests) shall, in the case of a tenancy to which this Part of this Act applies, be assessed without regard to the right of tenants to apply under this Part of this Act for the grant of new tenancies. (2)If the amount of the compensation which would have been payable under section thirty-seven of this Act if the tenancy had come to an end in circumstances giving rise to compensation under that section and the date at which the acquiring authority obtained possession had been the termination of the current tenancy exceeds the amount of the compensation assessed in accordance with the last foregoing subsection, that compensation shall be increased by the amount of the excess. (3)Nothing in section twenty-four of this Act shall affect the operation of the said section one hundred and twenty-one. 40Duty of tenants and landlords of business premises to give information to each other (1)Where any person having an interest in any business premises, being an interest in reversion expectant (whether immediately or not) on a tenancy of those premises, serves on the tenant a notice in the prescribed form requiring him to do so, it shall be the duty of the tenant to notify that person in writing within one month of the service of the notice— (a)whether he occupies the premises of any part thereof wholly or partly for the purposes of a business carried on by him, and (b)whether his tenancy has effect subject to any sub-tenancy on which his tenancy is immediately expectant and, if so, what premises are comprised in the sub-tenancy, for what term it has effect (or, if it is terminable by notice, by what notice it can be terminated), what is the rent payable thereunder, who is the sub-tenant, and (to the best of his knowledge and belief) whether the sub-tenant is in occupation of the premises or of part of the premises comprised in the sub-tenancy and, if not, what is the sub-tenant's address. (2)Where the tenant of any business premises, being a tenant under such tenancy as is mentioned in subsection (1) of section twenty-six of this Act, serves on any of the persons mentioned in the next following subsection a notice in the prescribed form requiring him to do so, it shall be the duty of that person to notify the tenant in writing within one month after the service of the notice— (a)Whether he is the owner of the fee simple in respect of those premises or any part thereof or the mortgagee in possession of such an owner and, if not, (b)(to the best of his knowledge and belief) the name and address of the person who is his or, as the case may be, his mortgagor's immediate landlord in respect of those premises or of the part in respect of which he or his mortgagor is not the owner in fee simple, for what term his or his mortgagor's tenancy thereof has effect and what is the earliest date (if any) at which that tenancy is terminable by notice to quit given by the landlord. (3)The persons referred to in the last foregoing subsection are, in relation to the tenant of any business premises,— (a)any person having an interest in the premises, being an interest in reversion expectant (whether immediately or not) on the tenant's, and (b)any person being a mortgagee in possession in respect of such an interest in reversion as is mentioned in paragraph (a) of this subsection ;and the information which any such person as is mentioned in paragraph (a) of this subsection is required to give under the last foregoing subsection shall include information whether there is a mortgagee in possession of his interest in the premises and, if so, what is the name and address of the mortgagee. (4)The foregoing provisions of this section shall not apply to a notice served by or on the tenant more than two years before the date on which apart from this Act his tenancy would come to an end by effluxion of time or could be brought to an end by notice to quit given by the landlord. (5)In this section—the expression " business premises" means premises used wholly or partly for the purposes of a business; the expression mortgagee in possession" includes a receiver appointed by the mortgagee or by the court who is in receipt of the rents and profits, and the expression " his mortgagor " shall be construed accordingly ; the expression " sub-tenant" includes a person retaining possession of any premises by virtue of the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939 after the coming to an end of a sub-tenancy, and the expression " sub4enancy " includes a right so to retain possession. 41Trusts (1)Where a tenancy is held on trust, occupation by all or any of the beneficiaries under the trust, and the carrying on of a business by all or any of the beneficiaries, shall be treated for the purposes of section twenty-three of this Act as equivalent to occupation or the carrying on of a business by the tenant; and in relation to a tenancy to which this Part of this Act applies by virtue of the foregoing provisions of this subsection— (a)references (however expressed) in this Part of this Act and in the Ninth Schedule to this Act to the business of, or to carrying on of business, use, occupation or enjoyment by, the tenant shall be construed as including references to the business of, or to carrying on of business, use, occupation or enjoyment by, the beneficiaries or beneficiary; (b)the reference in paragraph (d) of section thirty-four of this Act to the tenant shall be construed as including the beneficiaries or beneficiary ; and (c)a change in the persons of the trustees shall not be treated as a change in the person of the tenant. (2)Where the landlord's interest is held on trust the references in paragraph (g) of subsection (1) of section thirty of this Act to the landlord shall be construed as including references to the beneficiaries under the trust or any of them; but, except in the case of a trust arising under a will or on the intestacy of any person, the reference in subsection (2) of that section to the creation of the interest therein mentioned shall be construed as including the creation of the trust. 42Group of companies (1)For the purposes of this section two bodies corporate shall be taken to be members of a group if and only if one is a subsidiary of the other or both are subsidiaries of a third body corporate. In this subsection " subsidiary " has the same meaning as is assigned to it for the purposes of the Companies Act, 1948, by section one hundred and fifty-four of that Act. (2)Where a tenancy is held by a member of a group, occupation by another member of the group, and the carrying on of a business by another member of the group, shall be treated for the purposes of section twenty-three of this Act as equivalent to occupation or the carrying on of a business by the member of the group holding the tenancy; and in relation to a tenancy to which this Part of this Act applies by virtue of the foregoing provisions of this subsection— (a)references (however expressed) in this Part of this Act and in the Ninth Schedule to this Act to the business of or to use occupation or enjoyment by the tenant shall be construed as including references to the business of or to use occupation or enjoyment by the said other member; (b)the reference in paragraph (d) of section thirty-four of this Act to the tenant shall be construed as including the said other member; and (c)an assignment of the tenancy from one member of the group to another shall not be treated as a change in the person of the tenant. (3)Where the landlord's interest is held by a member of a group the reference in paragraph (g) of subsection (1) of section thirty of this Act to intended occupation by the landlord for the purposes of a business to be carried on by him shall be construed as including intended occupation by any member of the group for the purposes of a business to be carried on by that member. 43Tenancies excluded from Part II (1)This Part of this Act does not apply— (a)to a tenancy of an agricultural holding; (b)to a tenancy created by a mining lease ; (c)to a tenancy where the property comprised therein is let under a letting to which the restrictions on the obtaining of possession by the landlord imposed by section three of the Rent and Mortgage Restrictions (Amendment) Act, 1933, apply in relation to the tenant, or would apply but for subsection (7) of section twelve of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920; or (d)to a tenancy of premises licensed for the sale of intoxicating liquor for consumption on the premises, other than premises where— (i)the excise licence for the time being in force is a licence the duty in respect of which is the reduced duty payable under paragraph 3, 5, 6, 10, 11 or 12 of the Fourth Schedule to the Customs and Excise Act, 1952, or a licence granted on the provisional payment of reduced duty with a view to subsequent adjustment to the duty payable under the said paragraph 3 or the said paragraph 6 ; or (ii)the Commissioners of Customs and Excise certify that no application under any of the said paragraphs has been made in respect of the period for which the excise licence for the time being in force was granted, but that if such an application had been made such a licence as is mentioned in sub-paragraph (i) of this paragraph could properly have been granted. (2)This Part of this Act does not apply to a tenancy granted by reason that the tenant was the holder of an office, appointment or employment from the grantor thereof and continuing only so long as the tenant holds the office, appointment or employment, or terminable by the grantor on the tenant's ceasing to hold it, or coming to an end at a time fixed by reference to the time at which the tenant ceases to hold it:Provided that this subsection shall not have effect in relation to a tenancy granted after the commencement of this Act unless the tenancy was granted by an instrument in writing which expressed the purpose for which the tenancy was granted. (3)This Part of this Act does not apply to a tenancy granted for a term certain not exceeding three months unless— (a)the tenancy contains provision for renewing the term or for extending it beyond three months from its beginning; or (b)the tenant has been in occupation for a period which, together with any period during which any predecessor in the carrying on of the business carried on by the tenant was in occupation, exceeds six months. 44Meaning of "the landlord " in Part II, and provisions as to mesne landlords, etc. (1)Subject to the next following subsection, in this Part of this Act the expression " the landlord", in relation to a tenancy (in this section referred to as "the relevant tenancy"), means the person (whether or not he is the immediate landlord) who is the owner of that interest in the property comprised in the relevant tenancy which for the time being fulfils the following conditions, that is to say— (a)that it is an interest in reversion expectant (whether immediately or not) on the termination of the relevant tenancy, and (b)that it is either the fee simple or a tenancy which will not come to an end within fourteen months or less by effluxion of time or by virtue of a notice to quit already given by the landlord,and is not itself in reversion expectant (whether immediately or not) on an interest which fulfils those conditions. (2)References in this Part of this Act to a notice to quit given by the landlord are references to a notice to quit given by the immediate landlord. (3)The provisions of the Sixth Schedule to this Act shall have effect for the application of this Part of this Act to cases where the immediate landlord of the tenant is not the owner of the fee simple in respect of the holding. 45Repeal of certain provisions of Landlord and Tenant Act, 1927 In so far as the Landlord and Tenant Act, 1927, provides for compensation for goodwill where a tenancy is not renewed and for a right to the renewal of tenancies in certain cases, it shall cease to have effect; and accordingly that Act is hereby repealed to the extent specified in the third column of Part I of the Seventh Schedule tc this Act. 46Interpretation of Part II In this Part of this Act:— " business" has the meaning assigned to it by subsection (2) of section twenty-three of this Act; "current tenancy" has the meaning assigned to it by subsection (1) of section twenty six of this Act; " date of termination " has the meaning assigned to it by subsection (1) of section twenty-five of this Act; subject to the provisions of section thirty-two of this Act, " the holding " has the meaning assigned to it by subsection (3) of section twenty-three of this Act; " mining lease " has the same meaning as in the Landlord and Tenant Act, 1927. Part III Compensation for Improvements 47Time for making claims for compensation for improvements (1)Where a tenancy is terminated by notice to quit, whether given by the landlord or by the tenant, or by a notice given by any person under Part I or Part II of this Act, the time for making a claim for compensation at the termination of the tenancy shall be a time falling within the period of three months beginning on the date on which the notice is given:Provided that where the tenancy is terminated by a tenant's request for a new tenancy under section twenty-six of this Act, the said time shall be a time falling within the period of three months beginning on the date on which the landlord gives notice, or (if he has not given such a notice) the latest date on which he could have given notice, under subsection (6) of the said section twenty-six or, as the case may be, paragraph (a) of subsection (4) of section fifty-seven or paragraph (b) of subsection (1) of section fifty-eight of this Act. (2)Where a tenancy comes to an end by effluxion of time, the time for making such a claim shall be a time not earlier than six nor later than three months before the coming to an end of the tenancy. (3)Where a tenancy is terminated by forfeiture or re-entry, the time for making such a claim shall be a time falling within the period of three months beginning with the effective date of the order of the court for the recovery of possession of the land comprised in the tenancy or, if the tenancy is terminated by re-entry without such an order, the period of three months beginning with the date of the re-entry. (4)In the last foregoing subsection the reference to the effective date of an order is a reference to the date on which the order is to take effect according to the terms thereof or the date on which it ceases to be subject to appeal, whichever is the later. (5)In subsection (1) of section one of the Act of 1927, for paragraphs (a) and (b) (which specify the time for making claims for compensation) there shall be substituted the words “and within the time limited by section forty-seven of the Landlord and Tenant Act, 1954”. 48Amendments as to limitations on tenant's right to compensation (1)So much of paragraph (b) of subsection (1) of section two of the Act of 1927 as provides that a tenant shall not be entitled to compensation in respect of any improvement made in pursuance of a statutory obligation shall not apply to any improvement begun after the commencement of this Act, but section three of the Act of 1927 (which enables a landlord to object to a proposed improvement) shall not have effect in relation to an improvement made in pursuance of a statutory obligation except so much thereof as— (a)requires the tenant to serve on the landlord notice of his intention to make the improvement together with such a plan and specification as are mentioned in that section and to supply copies of the plan and specification at the request of any superior landlord ; and (b)enables the tenant to obtain at his expense a certificate from the landlord or the tribunal that the improvement has been duly executed. (2)Paragraph (c) of the said subsection (1) (which provides that a tenant shall not be entitled to compensation in respect of any improvement made less than three years before the termination of the tenancy) shall not apply to any improvement begun after the commencement of this Act. (3)No notice shall be served after the commencement of this Act under paragraph (d) of the said subsection (1) (which excludes rights to compensation where the landlord serves on the tenant notice offering a renewal of the tenancy on reasonable terms). 49Restrictions on contracting out In section nine of the Act of 1927 (which provides that Part I of that Act shall apply notwithstanding any contract to the contrary made after the date specified in that section) the proviso (which requires effect to be given to such a contract where it appears to the tribunal that the contract was made for adequate consideration) shall cease to have effect except as respects a contract made before the tenth day of December, nineteen hundred and fifty-three. 50Interpretation of Part III In this Part of this Act the expression "Act of 1927 " means the Landlord and Tenant Act, 1927, the expression " compensation " means compensation under Part I of that Act in respect of an improvement, and other expressions used in this Part of this Act and in the Act of 1927 have the same meanings in this Part of this Act as in that Act. Part IV Miscellaneous and Supplementary 51Extension of Leasehold Property (Repairs) Act, 1938 (1)The Leasehold Property (Repairs) Act, 1938 (which restricts the enforcement of repairing covenants in long leases of small houses) shall extend to every tenancy (whether of a house or of other property, and without regard to rateable value) where the following conditions are fulfilled, that is to say,— (a)that the tenancy was granted for a term of years certain of not less than seven years; (b)that three years or more of the term remain unexpired at the date of the service of the notice of dilapidations or, as the case may be, at the date of commencement of the action for damages; and (c)that the property comprised in the tenancy is not an agricultural holding. (2)In accordance with the last foregoing subsection the said Act of 1938 shall be amended as follows:— (a)in subsection (1).of section one, for the words " a house of a rateable value of one hundred pounds or less" there shall be substituted the words “all or any of the property comprised in the lease”, and for the word " five " there shall be substituted the word “three”; (b)in subsection (2) of section one, for the word " five " there shall be substituted the word “three”; (c)in paragraph (b) of subsection (5) of section one, for the word " house" there shall be substituted the word “premises” and for the words from " relating" to the end of the paragraph there shall be substituted the words “or for giving effect to any order of a court or requirement of any authority under any enactment or any such byelaw or other provision as aforesaid”; (d)in paragraph (c) of subsection (5) of section one, for the word " house ", where it first occurs, there shall be substituted the words “premises as respects which the covenant or agreement is proposed to be enforced”, and for the words " the house " in the second place in which they occur there shall be substituted the words “those premises”; (e)in section three, for the words " a house " there shall be substituted the word “premises”; (f)section four shall be omitted ; (g)in subsection (1) of section seven, in the definition of the expression " lease ", for the words " twenty-one years or more " there shall be substituted the words “seven years or more, not being a lease of an agricultural holding within the meaning of the Agricultural Holdings Act, 1948”. (3)The said Act of 1938 shall apply where there is an interest belonging to Her Majesty in right of the Crown or to a Government department, or held on behalf of Her Majesty for the purposes of a Government department, in like manner as if that interest were an interest not so belonging or held. (4)Subsection (2) of section twenty-three of the Landlord and Tenant Act, 1927 (which authorises a tenant to serve documents on the person to whom he has been paying rent) shall apply in relation to any counter-notice to be served under the said Act of 1938. (5)This section shall apply to tenancies granted, and to breaches occurring, before or after the commencement of this Act, except that it shall not apply where the notice of dilapidations was served, or the action for damages begun, before the commencement of this Act. (6)In this section the expression "notice of dilapidations " means a notice under subsection (1) of section one hundred and forty-six of the Law of Property Act, 1925. 52Amendment of Law of Property Act, 1925, s. 84 (1)Subsection (12) of section eighty-four of the Law of Property Act, 1925 (which provides that the procedure under that section for discharging or modifying covenants affecting freeholds shall extend to leaseholds held under a term of more than seventy years of which at least fifty years have expired) shall have effect as if for the word " seventy " there were substituted the word “forty” and for the word " fifty " there were substituted the word “twenty-five”. (2)This section shall have effect whether the term in question was created before or after the commencement of this Act. 53Jurisdiction of county court where lessor refuses licence or consent (1)Where a landlord withholds his licence or consent— (a)to an assignment of the tenancy or a subletting, charging or parting with the possession of the demised property or any part thereof, or (b)to the making of an improvement on the demised property or any part thereof, or (c)to a change in the use of the demised property or any part thereof, or to the making of a specified use of that property,and the High Court has jurisdiction to make a declaration that the licence or consent was unreasonably withheld, then without prejudice to the jurisdiction of the High Court the county court shall have the like jurisdiction whatever the value of the demised property or the rent payable under the tenancy and notwithstanding that the tenant does not seek any relief other than the declaration. (2)Where on the making of an application to the county court for such a declaration the court is satisfied that the licence or consent was unreasonably withheld, the court shall make a declaration accordingly. (3)The foregoing provisions of this section shall have effect whether the tenancy in question was created before or after the commencement of this Act and whether the refusal of the licence or consent occurred before or after the commencement of this Act. (4)Nothing in this section shall be construed as conferring jurisdiction on the county court to grant any relief other than such a declaration as aforesaid. 54Determination of tenancies of derelict land Where a landlord, having power to serve a notice to quit, on an application to the county court satisfies the court— (a)that he has taken all reasonable steps to communicate with the person last known to him to be the tenant, and has failed to do so. (b)that during the period of six months ending with the date of the application neither the tenant nor any person claiming under him has been in occupation of the property comprised in the tenancy or any part thereof, and (c)that during the said period either no rent was payable by the tenant or the rent payable has not been paid,the court may if it thinks fit by order determine the tenancy as from the date of the order. 55Compensation for possession obtained by misrepresentation (1)Where under Part I of this Act an order is made for possession of the property comprised in a tenancy, or under Part II of this Act the court refuses an order for the grant of a new tenancy, and it is subsequently made to appear to the court that the order was obtained, or the court induced to refuse the grant, by misrepresentation or the concealment of material facts, the court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by the tenant as the result of the order or refusal. (2)In this section the expression " the landlord " means the person applying for possession or opposing an application for the grant of a new tenancy, and the expression " the tenant" means the person against whom the order for possession was made or to whom the grant of a new tenancy was refused. 56Application to Crown (1)Subject to the provisions of this and the four next following sections, Part II of this Act shall apply where there is an interest belonging to Her Majesty in right of the Crown or the Duchy of Lancaster or belonging to the Duchy of Cornwall, or belonging to a Government department or held on behalf of Her Majesty for the purposes of a Government department, in like manner as if that interest were an interest not so belonging or held. (2)The provisions of the Eighth Schedule to this Act shall have effect as respects the application of Part II of this Act to cases where the interest of the landlord belongs to Her Majesty in right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall. (3)Where a tenancy is held by or on behalf of a Government department and the property comprised therein is or includes premises occupied for any purposes of a Government department, the tenancy shall be one to which Part II of this Act applies; and for the purposes of any provision of the said Part II or the Ninth Schedule to this Act which is applicable only if either or both of the following conditions are satisfied, that is to say— (a)that any premises have during any period been occupied for the purposes of the tenant's business; (b)that on any change of occupier of any premises the new occupier succeeded to the business of the former occupier,the said conditions shall be deemed to be satisfied respectively, in relation to such a tenancy, if during that period or, as the case may be, immediately before and immediately after the change, the premises were occupied for the purposes of a Government department. (4)The last foregoing subsection shall apply in relation to any premises provided by a Government department without any rent being payable to the department therefor as if the premises were occupied for the purposes of a Government department. (5)The provisions of Parts III and IV of this Act amending any other enactment which binds the Crown or applies to land belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, or land belonging to the Duchy of Cornwall, or to land belonging to any Government department, shall bind the Crown or apply to such land. (6)Sections fifty-three and fifty-four of this Act shall apply where the interest of the landlord, or any other interest in the land in question, belongs to Her Majesty in right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, or belongs to a Government department or is held on behalf of Her Majesty for the purposes of a Government department, in like manner as if that interest were an interest not so belonging or held. 57Modification on grounds of public interest of rights under Part II (1)Where the interest of the landlord or any superior landlord in the property comprised in any tenancy belongs to or is held for the purposes of a Government department or is held by a local authority, statutory undertakers or a development corporation, the Minister or Board in charge of any Government department may certify that it is requisite for the purposes of the first-mentioned department, or, as the case may be, of the authority, undertakers or corporation, that the use or occupation of the property or a part thereof shall be changed by a specified date. (2)A certificate under the last foregoing subsection shall not be given unless the owner of the interest belonging or held as mentioned in the last foregoing subsection has given to the tenant a notice stating— (a)that the question of the giving of such a certificate is under consideration by the Minister or Board specified in the notice, and (b)that if within twenty-one days of the giving of the notice the tenant makes to that Minister or Board representations in writing with respect to that question, they will be considered before the question is determined,and if the tenant makes any such representations within the said twenty-one days the Minister or Board shall consider them before determining whether to give the certificate. (3)Where a certificate has been given under subsection (1) of this section in relation to any tenancy, then,— (a)if a notice given under subsection (1) of section twenty-five of this Act specifies as the date of termination a date not earlier than the date specified in the certificate and contains a copy of the certificate subsections (5) and (6) of that section shall not apply to the notice and no application for a new tenancy shall be made by the tenant under section twenty-four of this Act; (b)if such a notice specifies an earlier date as the date of termination and contains a copy of the certificate, then if the court makes an order under Part II of this Act for the grant of a new tenancy the new tenancy shall be for a term expiring not later than the date specified in the certificate and shall not be a tenancy to which Part II of this Act applies. (4)Where a tenant makes a request for a new tenancy under section twenty-six of this Act, and the interest of the landlord or any superior landlord in the property comprised in the current tenancy belongs or is held as mentioned in subsection (1) of this section, the following provisions shall have effect:— (a)if a certificate has been given under the said subsection (1) in relation to the current tenancy, and within two months after the making of the request (he landlord gives notice to the tenant that the certificate has been given and the notice contains a copy of the certificate, then,— (i)if the date specified in the certificate is not later than that specified in the tenant's request for a new tenancy, the tenant shall not make an application under section twenty-four of this Act for the grant of a new tenancy ; (ii)if, in any other case, the court makes an order under Part II of this Act for the grant of a new tenancy the new tenancy shall be for a term expiring not later than the date specified in the certificate and shall not be a tenancy to which Part II of this Act applies; (b)if no such certificate has been given but notice under subsection (2) of this section has been given before the making of the request or within two months thereafter, the request shall not have effect, without prejudice however to the making of a new request when the Minister or Board has determined whether to give a certificate. (5)Where application is made to the court under Part II of this Act for the grant of a new tenancy and the landlord's interest in the property comprised in the tenancy belongs or is held as mentioned in subsection (1) of this section, the Minister or Board in charge of any Government department may certify that it is necessary in the public interest that if the landlord makes an application in that behalf the court shall determine as a tern) of the new tenancy that it shall be terminable by six months' notice to quit given by the landlord. Subsection (2) of this section shall apply in relation to a certificate under this subsection, and if notice under the said subsection (2) has been given to the tenant— (a)the court shall not determine the application for the grant of a new tenancy until the Minister or Board has determined whether to give a certificate, (b)if a certificate is given, the court shall on the application of the landlord determine as a term of the new tenancy that it shall be terminable as aforesaid, and section twenty-five of this Act shall apply accordingly. (6)The foregoing provisions of this section shall apply to an interest held by a Board of Governors, Regional Hospital Board or Hospital Management Committee constituted under the National Health Service Act, 1946, as they apply to an interest held by a local authority but with the substitution, for the reference to the purposes of the authority, of a reference to the purposes of that Act. (7)Where the interest of the landlord or any superior landlord in the property comprised in any tenancy belongs to the National Trust the Minister of Works may certify that it is requisite, for the purpose of securing that the property will as from a specified date be used or occupied in a manner better suited to the nature thereof, that the use or occupation of the property should be changed; and subsections (2) to (4) of this section shall apply in relation to certificates under this subsection, and to cases where the interest of the landlord or any superior landlord belongs to the National Trust, as those subsections apply in relation to certificates under subsection (1) of this section and to cases where the interest of the landlord or any superior landlord belongs or is held as mentioned in that subsection. (8)In this and the next following section the expression " Government department" does not include the Commissioners of Crown Lands and the expression " landlord " has the same meaning as in Part II of this Act; and in the last foregoing subsection the expression "National Trust" means the National Trust for Places of Historic Interest or Natural Beauty. 58Termination on special grounds of tenancies to which Part II applies (1)Where the landlord's interest in the property comprised in any tenancy belongs to or is held for the purposes of a Government department, and the Minister or Board in charge of any Government department certifies that for reasons of national security it is necessary that the use or occupation of the property should be discontinued or changed, then— (a)if the landlord gives a notice under subsection (1) of section twenty-five of this Act containing a copy of the certificate, subsections (5) and (6) of that section shall not apply to the notice and no application for a new tenancy shall be made by the tenant under section twenty-four of this Act; (b)if (whether before or after the giving of the certificate) the tenant makes a request for a new tenancy under section twenty-six of this Act, and within two months after the making of the request the landlord gives notice to the tenant that the certificate has been given and the notice contains a copy of the certificate,— (i)the tenant shall not make an application under section twenty-four of this Act for the grant of a new tenancy, and (ii)if the notice specifies as the date on which the tenancy is to terminate a date earlier than that specified in the tenant's request as the date on which the new tenancy is to begin but neither earlier than six months from the giving of the notice nor earlier than the earliest date at which apart from this Act the tenancy would come to an end or could be brought to an end, the tenancy shall terminate on the date specified in the notice instead of that specified in the request. (2)Where the landlord's interest in the property comprised in any tenancy belongs to or is held for the purposes of a Government department, nothing in this Act shall invalidate an agreement to the effect— (a)that on the giving of such a certificate as is mentioned in the last foregoing subsection the tenancy may be terminated by notice to quit given by the landlord of such length as may be specified in the agreement, if the notice contains a copy of the certificate ; and (b)that after the giving of such a notice containing such a copy the tenancy shall not be one to which Part II of this Act applies. (3)Where the landlord's interest in the property comprised in any tenancy is held by statutory undertakers, nothing in this Act shall invalidate an agreement to the effect— (a)that where the Minister or Board in charge of a Government department certifies that possession of the property comprised in the tenancy or a part thereof is urgently required for carrying out repairs (whether on that property or elsewhere) which are needed for the proper operation of the landlord's undertaking, the tenancy may be terminated by notice to quit given by the landlord of such length as may be specified in the agreement, if the notice contains a copy of the certificate ; and (b)that after the giving of such a notice containing such a copy, the tenancy shall not be one to which Part II of this Act applies. (4)Where the court makes an order under Part II of this Act for the grant of a new tenancy and the Minister or Board in charge of any Government department certifies that the public interest requires the tenancy to be subject to such a term as is mentioned in paragraph (a) or (b) of this subsection, as the case may be, then— (a)if the landlord's interest in the property comprised in the tenancy belongs to or is held for the purposes of a Government department, the court shall on the application of the landlord determine as a term of the new tenancy that such an agreement as is mentioned in subsection (2) of this section and specifying such length of notice as is mentioned in the certificate shall be embodied in the new tenancy; (b)if the landlord's interest in that property is held by statutory undertakers, the court shall on the application of the landlord determine as a term of the new tenancy that such an agreement as is mentioned in subsection (3) of this section and specifying such length of notice as is mentioned in the certificate shall be embodied in the new tenancy. 59Compensation for exercise of powers under ss. 57 and 58 (1)Where by virtue of any certificate given for the purposes of either of the two last foregoing sections the tenant is precluded from obtaining an order for the grant of a new tenancy, or of a new tenancy for a term expiring later than a specified date, the tenant shall be entitled on quitting the premises to recover from the owner of the interest by virtue of which the certificate was given an amount by way of compensation, and subsections (2), (3) and (5) to (7) of section thirty-seven of this Act shall with the necessary modifications apply for the purposes of ascertaining the amount. (2)Subsections (2) and (3) of section thirty-eight of this Act shall apply to compensation under this section as they apply to compensation under section thirty-seven of this Act. 60Special provisions as to premises provided under Distribution of Industry Acts, 1945 and 1950, etc. (1)Where the property comprised in a tenancy consists of premises provided by the Board of Trade under the Distribution of Industry Acts, 1945 and 1950, or provided by a trading or industrial estate company as defined in the Distribution of Industry Act, 1945, and the Board of Trade certify that it is necessary or expedient for achieving the objects of the said Acts that the use or occupation of the property should be changed, paragraphs (a) and (b) of subsection (1) of section fifty-eight of this Act shall apply as they apply where such a certificate is given as is mentioned in that subsection. (2)Where the court makes an order under Part II of this Act for the grant of a new tenancy of premises provided as aforesaid, and the Board of Trade certify that it is necessary or expedient as aforesaid that the tenancy should be subject to a term, specified in the certificate, prohibiting or restricting the tenant from assigning the tenancy or sub-letting, charging or parting with possession of the premises or any part thereof or changing the use of the premises or any part thereof, the court shall determine that the terms of the tenancy shall include the terms specified in the certificate. 61Modification of Parts I and II in relation to tenancies of ecclesiastical property (1)Where, as respects a tenancy to which section one or Part II of this Act applies, the landlord or a superior landlord is the incumbent of a benefice— (a)the consent of the Church Commissioners but of no other person shall be required to any such agreement as is mentioned in Part I or Part II of this Act entered into by the incumbent, and to anything done by the incumbent in pursuance of any such agreement or of any of the provisions of the said Part I or the said Part II, or to the granting by him of any tenancy in pursuance of a tenant's request made under the said Part II; (b)any payment required for the carrying out of initial repairs under the said Part I and any payment of compensation under section thirty-seven of this Act may, if the Church Commissioners think fit, be made by them, on behalf of the incumbent, out of any moneys in their hands, and any payment for accrued tenant's repairs under the said Part I shall be made to the Commissioners instead of to the incumbent and shall be applied by them in repayment of any sum paid by them under this paragraph for the carrying out of initial repairs; (c)the Church Commissioners shall be entitled to appear and be heard in any proceedings under the said Part I or the said Part II to which the incumbent is a party, and any order made in any such proceedings against the incumbent shall be binding on the Commissioners so far as it relates to the grant or the terms of any tenancy or any of the matters mentioned in section seven or section eight of this Act; (d)for the purposes of the said Part I and the said Part II the incumbent's interest shall be treated as vesting in the Church Commissioners during any vacancy of the benefice; (e)the revenues and possessions of the benefice shall stand charged with the repayment of any sum expended by the Church Commissioners in pursuance of paragraph (b) or paragraph (d) of this subsection. (2)This section shall apply to benefices the patronage of which belongings to Her Majesty in right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall as it applies to other benefices. 62Exercise of powers of Board of Trade (1)Anything required or authorised by or under this Act to be done by, to or before the Board of Trade may be done by, to or before the President of the Board, any Minister of State with duties concerning the affairs of the Board, any secretary, under-secretary or assistant secretary of the Board, or any person authorised in that behalf by the President. (2)In this section the expression " Minister of State " means such a Minister of the Crown as is referred to in section two ol the Re-election of Ministers Act, 1919, as explained by the House of Commons Disqualification (Declaration of Law) Act, 1935. 63Jurisdiction of court for purposes of Parts I and II and of Part I of Landlord and Tenant Act, 1927 (1)Any jurisdiction conferred on the court by any provision of Part I of this Act shall be exercised by the county court. (2)Any jurisdiction conferred on the court by any provision of Part II of this Act or conferred on the tribunal by Part I of the Landlord and Tenant Act, 1927, shall, subject to the provisions of this section, be exercised.— (a)where the rateable value of the holding does not exceed five hundred pounds, by the county court; (b)where it exceeds five hundred pounds, by the High Court. (3)Any jurisdiction exercisable under the last foregoing subsection may by agreement in writing between the parties be transferred from the county court to the High Court or from the High Court to a county court specified in the agreement. (4)The following provisions shall have effect as respects transfer of proceedings from or to the High Court or the county court, that is to say— (a)where an application is made to the one but by virtue of subsection (2) of this section cannot be entertained except by the other, the application shall not be treated as improperly made but any proceedings thereon shall be transferred to the other court; (b)any proceedings under the provisions of Part II of this Act or of Part I of the Landlord and Tenant Act, 1927, which are pending before one of those courts may by order of that court made on the application of any person interested be transferred to the other court, if it appears to the court making the order that it is desirable that the proceedings and any proceedings before the other court should both be entertained by the other court. (5)In any proceedings where in accordance with the foregoing provisions of this section the county court exercises jurisdiction the powers of the judge of summoning one or more assessors under subsection (1) of section eighty-eight of the County Courts Act, 1934, may be exercised notwithstanding that no application is made in that behalf by any party to the proceedings. (6)Where in any such proceedings an assessor is summoned by a judge under the said subsection (1).— (a)he may, if so directed by the judge, inspect the land to which the proceedings relate without the judge and report to the judge in writing thereon ; (b)the judge may on consideration of the report and any observations of the parties thereon give such judgment or make such order in the proceedings as may be just; (c)the remuneration of the assessor shall be at such rate as may be determined by the Lord Chancellor with the approval of the Treasury and shall be defrayed out of moneys provided by Parliament. (7)In this section the expression " the holding "— (a)in relation to proceedings under Part II of this Act, has the meaning assigned to it by subsection (3) of section twenty-three of this Act. (b)in relation to proceedings under Part I of the Landlord and Tenant Act, 1927, has the same meaning as in the said Part I. (8)Subsections (5) to (7) of section thirty-seven of this Act shall apply for determining the rateable value of the holding for the purposes of this section as they apply for the purposes of subsection (2) of the said section thirty-seven, but with the substitution in paragraph (a) of the said subsection (5) of a reference to the time at which application is made to the court for the reference to the date mentioned in that subsection. (9)Nothing in this section shall prejudice the operation of section one hundred and eleven of the County Courts Act, 1934 (which relates to the removal into the High Court of Proceedings commenced in a county court). (10)In accordance with the foregoing provisions of this section, for section twenty-one of the Landlord and Tenant Act, 1927, there shall be substituted the following section— “The tribunal. 21The tribunal for the purposes of Part I of this Act shall be the court exercising jurisdiction in accordance with the provisions of section sixty-three of the Landlord and Tenant Act, 1954.” 64Interim continuation of tenancies pending determination by court (1)In any case where— (a)a notice to terminate a tenancy has been given under Part I or Part II of this Act or a request for a new tenancy has been made under Part II thereof, and (b)an application to the court has been made under the said Part I or the said Part II, as the case may be, and (c)apart from this section the effect of the notice or request would be to terminate the tenancy before the expiration of the period of three months beginning with the date on which the application is finally disposed of,the effect of the notice or request shall be to terminate the tenancy at the expiration of the said period of three months and not at any other time. (2)The reference in paragraph (c) of subsection (1) of this section to the date on which an application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment. 65Provisions as to reversions (1)Where by virtue of any provision of this Act a tenancy (in this subsection referred to as " the inferior tenancy ") is continued for a period such as to extend to or beyond the end of the term of a superior tenancy, the superior tenancy shall, for the purposes of this Act and of any other enactment and of any rule of law, be deemed so long as it subsists to be an interest in reversion expectant upon the termination of the inferior tenancy and, if there is no intermediate tenancy, to be the interest in reversion immediately expectant upon the termination thereof. (2)In the case of a tenancy continuing by virtue of any provision of this Act after the coming to an end of the interest in reversion immediately expectant upon the termination thereof, subsection (1) of section one hundred and thirty-nine of the Law of Property Act, 1925 (which relates to the effect of the extinguishment of a reversion) shall apply as if references in the said subsection (1) to the surrender or merger of the reversion included references to the coming to an end of the reversion for any reason other than surrender or merger. (3)Where by virtue of any provision of this Act a tenancy (in this subsection referred to as " the continuing tenancy ") is continued beyond the beginning of a reversionary tenancy which was granted (whether before or after the commencement of this Act) so as to begin on or after the date on which apart from this Act the continuing tenancy would have come to an end, the reversionary tenancy shall have effect as if it had been granted subject to the continuing tenancy. (4)Where by virtue of any provision of this Act a tenancy (in this subsection referred to as " the new tenancy ") is granted for a period beginning on the same date as a reversionary tenancy or for a period such as to extend beyond the beginning of the term of a reversionary tenancy, whether the reversionary tenancy in question was granted before or after the commencement of this Act, the reversionary tenancy shall have effect as if it had been granted subject to the new tenancy. 66Provisions as to notices (1)Any form of notice required by this Act to be prescribed shall be prescribed by regulations made by the Lord Chancellor by statutory instrument. (2)Where the form of a notice to be served on persons of any description is to be prescribed for any of the purposes of this Act, the form to be prescribed shall include such an explanation of the relevant provisions of this Act as appears to the Lord Chancellor requisite for informing persons of that description of their rights and obligations under those provisions. (3)Different, forms of notice may be prescribed for the purposes of the operation of any provision of this Act in relation to different cases. (4)Section twenty-three of the Landlord and Tenant Act, 1927 (which relates to the service of notices) shall apply for the purposes of this Act. (5)Any statutory instrument under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. 67Provisions as to mortgagees in possession Anything authorised or required by the provisions -of this Act, other than subsection (2) or (3) of section forty, to be done at any time by, to or with the landlord, or a landlord of a specified description, shall, if at that time the interest of the landlord in question is subject to a mortgage and the mortgagee is in possession or a receiver appointed by the mortgagee or by the court is in receipt of the rents and profits, be deemed to be authorised or required to be done by, to or with the mortgagee instead of that landlord. 68Repeal of enactments and transitional provisions (1)The enactments specified in Part II of the Seventh Schedule to this Act are hereby repealed to the extent specified in the third column of that Part of that Schedule. (2)The transitional provisions set out in the Ninth Schedule to this Act shall have effect. 69Interpretation (1)In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say:— " agricultural holding" has the same meaning as in the Agricultural Holdings Act, 1948 ; " development corporation " has the same meaning as in the New Towns Act, 1946; " local authority " has the same meaning as in the Town and Country Planning Act, 1947 ; " mortgage " includes a charge or lien and " mortgagor " and " mortgagee " shall be construed accordingly ; " notice to quit" means a notice to terminate a tenancy (whether a periodical tenancy or a tenancy for a term of years certain) given in accordance with the provisions (whether express or implied) of that tenancy ; " repairs" includes any work of maintenance, decoration or restoration, and references to repairing, to keeping or yielding up in repair and to state of repair shall be construed accordingly; "statutory undertakers" has the same meaning as in the Town and Country Planning Act, 1947, except that it includes the National Coal Board; " tenancy " means a tenancy created either immediately or derivatively out of the freehold, whether by a lease or underlease, by an agreement for a lease or underlease or by a tenancy agreement or in pursuance of any enactment (including this Act), but does not include a mortgage term or any interest arising in favour of a mortgagor by his attorning tenant to his mortgagee, and references to the granting of a tenancy and to demised property shall be construed accordingly ; " terms", in relation to a tenancy, includes conditions. (2)References in this Act to an agreement between the landlord and the tenant (except in section seventeen and subsections (1) and (2) of section thirty-eight thereof) shall be construed as references to an agreement in writing between them. (3)References in this Act to an action for any relief shall be construed as including references to a claim for that relief by way of counterclaim in any proceedings. 70Short title and citation, commencement and extent (1)This Act may be cited as the Landlord and Tenant-Act, 1954, and the Landlord and Tenant Act, 1927, and this Act may be cited together as the Landlord and Tenant Acts, 1927 and 1954. (2)This Act shall come into operation on the first day of October, nineteen hundred and fifty-four. (3)This Act shall not extend to Scotland or to Northern Ireland. ### 1Validation and modification of imperfect trust instruments. (1)In this Act, " imperfect trust provision " means any provision declaring the objects for which property is to be held or applied, and so describing those objects that, consistently with the terms of the provision, the property could be used exclusively for charitable purposes, but could nevertheless be used for purposes which are not charitable. (2)Subject to the following provisions of this Act, any imperfect trust provision contained in an instrument taking effect before the sixteenth day of December, nineteen hundred and fifty-two, shall have, and be deemed to have had, effect in relation to any disposition or covenant to which this Act applies— (a)as respects the period before the commencement of this Act, as if the whole of the declared objects were charitable; and (b)as respects the period after that commencement as if the provision had required the property to be held or applied for the declared objects in so far only as they authorise use for charitable purposes. (3)A document inviting gifts of property to be held or applied for objects declared by the document shall be treated for the purposes of this section as an instrument taking effect when it is first issued. (4)In this Act, " covenant " includes any agreement, whether under seal or not, and " covenantor" is to be construed accordingly. 2Dispositions and covenants to which the Act applies. (1)Subject to the next following subsection, this Act applies to any disposition of property to be held or applied for objects declared by an imperfect trust provision, and to any covenant to make such a disposition, where apart from this Act the disposition or covenant is invalid under the law of England and Wales, but would be valid if the objects were exclusively charitable. (2)This Act does not apply to a disposition if before the sixteenth day of December, nineteen hundred and fifty-two, property comprised in, or representing that comprised in, the disposition in question or another disposition made for the objects declared by the same imperfect trust provision, or income arising from any such property, has been paid or conveyed to, or applied for the benefit of, the persons entitled by reason of the invalidity of the disposition in question or of such other disposition as aforesaid, as the case may be. (3)A disposition in settlement or other disposition creating more than one interest in the same property shall be treated for the purposes of this Act as a separate disposition in relation to each of the interests created. 3Savings for adverse claims, etc. (1)Subject to the next following subsection, where a disposition to which this Act applies was made before, and is not confirmed after, the commencement of this Act, the foregoing sections shall not prejudice a person's right, by reason of the invalidity of the disposition, to property comprised in, or representing that comprised in, the disposition as against the persons administering the imperfect trust provision or the persons on whose behalf they do so, unless the right accrued to him or some person through whom he claims more than six years before the sixteenth day of December, nineteen hundred and fifty-two; but the persons administering the imperfect trust provision, and any trustee for them or for the persons on whose behalf they do so, shall be entitled, as against a person whose right to the property is saved by this subsection, to deal with the property as if this subsection had not been passed, unless they have express notice of a claim by him to enforce his right to the property. (2)No proceedings shall be begun by any person to enforce his right to any property by virtue of the foregoing subsection after the expiration of one year beginning with the date of the passing of this Act or the date when the right first accrues to him or to some person through whom he claims, whichever is the later, unless the right (before or after its accrual) either— (a)has been concealed by the fraud of some person administering the imperfect trust provision or his agent; or (b)has been acknowledged by some such person or his agent by means of a written acknowledgment given to the person having the right or his agent and signed by the person making it, or by means of a payment or transfer of property in respect of the right; and if the period prescribed by this subsection for any person to bring proceedings to recover any property expires without his having recovered the property or begun proceedings to do so, his title to the property shall be extinguished. This subsection shall not be taken as extending the time for bringing any proceedings beyond the period of limitation prescribed by any other enactment. (3)For the purposes of the foregoing subsections, a right by reason of the invalidity of a disposition to property comprised in, or representing that comprised in, the disposition shall not be deemed to accrue to anyone so long as he is under a disability or has a future interest only, or so long as the disposition is subject to another disposition made by the same person, and the whole of the property or the income arising from it is held or applied for the purposes of that other disposition. (4)Subsections (2) to (4) of section thirty-one of the Limitation Act, 1939 (which define the circumstances in which, for the purposes of that Act, a person is to be deemed to be under a disability or to claim through another person), shall apply for the purposes of the foregoing subsections as they apply for the purposes of that Act. (5)Where subsection (1) of this section applies to save a person's right to property comprised in, or representing that comprised in, a disposition, or would have so applied but for some dealing with the property by persons administering the imperfect trust provision, or by any trustee for them or for the persons on whose behalf they do so, the foregoing sections shall not prejudice the first-mentioned person's right by virtue of his interest in the property to damages or other relief in respect of any dealing with the property by any person administering the imperfect trust provision or by any such trustee as aforesaid, if the person dealing with the property had at the time express notice of a claim by him to enforce his right to the property. (6)A covenant entered into before the commencement of this Act shall not be enforceable by virtue of this Act unless confirmed by the covenantor after that commencement, but a disposition made in accordance with such a covenant shall be treated for the purposes of this Act as confirming the covenant and any previous disposition made in accordance with it. 4Provisions as to pending proceedings and past decisions and tax payments. (1)Subject to the next following subsection, effect shall be given to the provisions of this Act in legal proceedings begun before its commencement, as well as in those begun afterwards. (2)This Act shall not affect any order or judgment made or given before its commencement in legal proceedings begun before the sixteenth day of December, nineteen hundred and fifty-two, or any appeal or other proceedings consequent on any such order or judgment. (3)Where in legal proceedings begun on or after the said sixteenth day of December, any order or judgment has been made or given before the commencement of this Act which would not have been made or given after that commencement, the court by which the order or judgment was made or given shall, on the application of any person aggrieved thereby, set it aside in whole or in part and make such further order as the court thinks equitable with a view to placing those concerned as nearly as may be in the position they ought to be in having regard to this Act:Provided that proceedings to have an order or judgment set aside under this subsection shall not be instituted more than six months after the commencement of this Act. (4)This Act shall not, by its operation on any instrument as respects the period before the commencement of the Act, impose or increase any liability to tax nor entitle any person to reclaim any tax paid or borne before that commencement, nor (save as respects taxation) require the objects declared by the instrument to be treated for the purposes of any enactment as having been charitable so as to invalidate anything done or any determination given before that commencement. Provisions as to Northern Ireland. 5Notwithstanding anything in the Government of Ireland Act, 1920, the Parliament of Northern Ireland shall have power to make laws for purposes similar to the purposes of this Act: Provided that no such law shall, by its operation as respects any period before its commencement, impose or increase any liability to a reserved tax or entitle any person to reclaim any reserved tax paid or borne before that commencement. Application to Crown. 6This Act, and (except in so far as the contrary intention appears) any enactment of the Parliament of Northern Ireland passed for purposes similar to the purposes of this Act, shall bind the Crown. Short title. 7This Act may be cited as the Charitable Trusts (Validation) Act, 1954. ### 1Appointment of registrar and other officers (1)The Council of the Pharmaceutical Society of Great Britain shall keep a fit and proper person appointed as registrar for the purposes of this Act, and may, for those purposes, appoint a deputy registrar and such clerks and other subordinate officers as the Council think fit. (2)The Council may pay a suitable salary to any person appointed in pursuance of this section. (3)The Council may terminate the appointment of any person so appointed. 2The registers and registration (1)It shall be the duty of the registrar— (a)to maintain, in accordance with byelaws and the provisions of this Act, the Register of Pharmaceutical Chemists established in pursuance of the Pharmacy Act, 1852, which shall contain the names and addresses, and such other particulars (if any) as are (prescribed, of all persons who in accordance with those provisions are entitled to have their names registered ;(b) to cause to be prepared, in such form as is for the time being prescribed, and to be printed, published and put on sale in every year, a list (to be known as " The Annual Register of Pharmaceutical Chemists ") of all names which were on the register on the last day of the preceding year. (2)Subject to the provisions of this Act, a person shall be entitled to have his name registered if he— (a)satisfies the registrar, or on appeal the Council, that, in accordance with provisions of the next following section or of any 'byelaw made under section four of this Act, he is qualified to have his name registered; and (b)pays to the Society such fee in respect of the registration as is prescribed;and different fees may be prescribed in relation to registrations in pursuance of different provisions mentioned in paragraph (a) of this subsection. (3)Every registered pharmaceutical chemist shall pay to the Society such fee as is prescribed in respect of the retention of his name on the register in any year or, in the case of a person whose name is first registered in or after the year in which this Act comes into operation (other than a person whose name has at any time been registered under the Pharmacy Act, 1868) in respect of such retention in any year subsequent to the year in which his name is first registered ; and different fees may be prescribed for different classes of registered pharmaceutical chemists, and provision may be made by byelaws for exempting any class of registered pharmaceutical chemists from liability to pay any such fee. 3Qualification by examination for registration (1)It shall be the duty of the Council to appoint examiners to hold examinations for the purposes of this Act (including separate examiners for Scotland to hold examinations at such place or places in Scotland as the Council determine); but the appointment of any person as such an examiner shall not— (a)take effect until it is approved by the Privy Council; (b)continue in force for more than five years from the date on which it is made. (2)Such examination fee as is prescribed shall be payable to the Society by every candidate at any such examination. (3)It shall be the duty of the Society to permit any person appointed in that behalf by the Privy Council to be present throughout any such examination. (4)The subjects at any such examination shall be the latin language, botany, materia medica, pharmaceutical and general chemistry and such other subjects (excluding the theory and practice of medicine, surgery and midwifery) as are prescribed; and byelaws may provide— (a)for periods of time and courses of study in connection with such examinations and for dividing such examinations into two or more parts ; (b)that no person may be a candidate at any such examination unless he satisfies the Council that he has received such a general education as the Council consider adequate for a registered pharmaceutical chemist; (c)that no such certificate as is mentioned in the next following subsection shall be granted to any person in consequence of any such examination unless he satisfies the Council that he has received such practical training in the subjects of the examination as the Council consider adequate. (5)Subject to the foregoing provisions of this section, the examiners may grant a certificate of competence to practise as a pharmaceutical chemist to any person who satisfies them at any such examination that he is competent so to practise; and a person to whom such a certificate is granted shall be qualified to have his name registered. 4Qualification by degree, diploma, etc. for registration (1)Byelaws may provide that any person who satisfies such conditions as to character and otherwise as are prescribed by the byelaws and either holds or has held a degree granted in respect of pharmacy by any university in the United Kingdom or a diploma granted in respect of pharmacy in any place outside the United Kingdom or has passed the examinations necessary for obtaining such a diploma shall be qualified to have his name registered— (a)without his qualifying to have his name registered in accordance with the requirements of the last foregoing section and of byelaws made thereunder; or (b)upon his so qualifying in accordance with those requirements relaxed to the prescribed extent. (2)Byelaws may provide that any person who is— (a)a qualified military dispenser ; or (b)a certified assistant to an apothecary under the Apothecaries Act, 1815; or (c)registered as a pharmaceutical chemist in Northern Ireland,and who satisfies the Council that he has sufficient skill and knowledge to practise as a pharmaceutical chemist shall be qualified to have his name registered without his qualifying as mentioned in paragraph (a) of the last foregoing subsection. 5Certificates of registration (1)Subject to the provisions of the next following subsection, it shall be the duty of the Council, on the demand of any registered pharmaceutical chemist, to issue to him without fee a certificate of registration signed by the registrar and countersigned by either the President of the Society or two members of the Council. (2)There shall be no obligation on the Council to issue a further such certificate as aforesaid to a person to whom such a certificate has already been issued, unless the person— (a)satisfies the registrar that the original certificate, and any further certificate already issued to him, has been lost or destroyed ; and (b)pays to the Society such fee (if any) in respect of the further certificate as is prescribed. 6Evidence of registration (1)Any document purporting to be a print of the Annual Register of Pharmaceutical Chemists printed and published by authority of the registrar in any year shall, at any time before the publication of the said Annual Register for the succeeding year, be admissible in any proceedings as evidence that any person named therein is, and that any person not named therein is not, a registered pharmaceutical chemist. (2)Any such certificate as is mentioned in the last foregoing section shall be admissible in any proceedings as evidence that the person named therein as a registered pharmaceutical chemist is a registered pharmaceutical chemist. Removal from and restoration to the register, etc. 7The Statutory Committee For the purposes of this Act there shall be appointed a committee of the Society (to be known as " the Statutory Committee "), and the provisions of the First Schedule to this Act shall have effect in relation to the Statutory Committee. 8Control of registrations by Statutory Committee (1)Where— (a)a person applying to have his name registered, or (b)a registered pharmaceutical chemist or any person employed by him in the carrying on of his business, or (c)a person whose name has been removed from the register under section twelve of this Act or any person employed by him as aforesaid,has been convicted of any such criminal offence or been guilty of such misconduct (being in a case falling within paragraph (c) of this subsection a conviction or misconduct which took place either before or after the removal of the name) as in the opinion of the Statutory Committee renders the convicted or guilty person unfit to have his name on the register, the Committee may, after enquiring into the matter— (i)in a case falling within paragraph (a) of this subsection, direct that the applicant's name shall not be registered, or shall not be registered until the Committee otherwise directs; (ii)in a case falling within paragraph (b) thereof, direct the registrar to remove the name of the registered pharmaceutical chemist from the register; (iii)in a case falling within paragraph (c) thereof, direct that the name removed from the register shall not be restored thereto, or shall not be restored thereto until the Committee otherwise directs;and, where the Committee directs that a name shall be removed from the register or shall not until the Committee otherwise directs be registered or restored to the register, the Committee may also direct that no application to the Committee in respect of its registration, or as the case may be its restoration to the register, shall be entertained thereafter until the expiration of such period as is specified in the direction or the fulfilment of such conditions as are so specified. (2)Where the name of any person has been removed from the register in pursuance of a direction under paragraph (ii) of the last foregoing subsection, the Committee may, either of its own motion or on the application of that person, direct the registrar to restore the name to the register, either without fee or on the payment to the (Society of such fee as is prescribed in that behalf, not exceeding the fee prescribed for registration in pursuance of section three of this Act. (3)It shall be the duty of the Statutory Committee— (a)to give notice of any direction under this section to the person to whom the direction relates; (b)to give notice of any refusal of an application made under the last foregoing subsection to the applicant;and any notice required by this subsection to be given to any person shall be given by being sent to him in a registered letter which, in the case of a registered pharmaceutical chemist, shall be addressed to his address on the register. 9Restrictions on directions by Statutory Committee (1)No direction (other than a direction authorising the registration or restoration to the register of a name) shall be given by the Statutory Committee under subsection (1) of the last foregoing section without the assent of the chairman of the Committee. (2)Where an act or omission which, under the last foregoing section, may be made the ground of a direction by the Statutory Committee involving the cesser or restriction of the right of a person to have his name registered is an act or omission on the part of an employee of that person, the Committee shall not give any such direction unless proof is given to its satisfaction of some one or more of the facts specified in the next following subsection and the Committee is of opinion that, having regard to the facts so proved, the said person ought to be regarded as responsible for the act or omission. (3)The facts as to some one or more of which the Committee must be satisfied before giving any such direction as is mentioned in subsection (2) of this section are— (a)that the act or omission in question was instigated or connived at by the said person ; (b)that the said person or any employee of his had been guilty at some time within twelve months before the date on which the act or omission in question took place of a similar act or omission and that the said person had, or reasonably ought to have had, knowledge of that previous act or omission; (c)if the act or omission in question was a continuing act or omission, that the said person had, or reasonably ought to have had, knowledge of the continuance thereof; (d)in the case of a criminal offence being an offence under the Pharmacy Acts, that the said person had not used due diligence to enforce the execution of those Acts. 10Appeals against directions, etc. (1)A person aggrieved by a direction of the Statutory Committee under section eight of this Act or the refusal of an application made under subsection (2) of that section may at any time within three months from the date on which notice of the direction or, as the case may be, of the refusal is given to him appeal to the High Court against the direction or refusal; and the Society may appear as respondent on any such appeal. (2)The High Court may on any such appeal make such order as the court thinks fit in the matter including an order as to the costs of the appeal and in particular as to the payment of any such costs by the Society, whether or not the Society appear on the hearing of the appeal; and the order of the High Court on any such appeal shall be final. (3)It shall be the duty of the registrar to make such alterations in the register as are necessary to give effect to any such order as aforesaid. 11Time of operation etc. of certain directions (1)A direction under paragraph (ii) of subsection (1) of section eight of this Act shall not take effect until the expiration of three months from the giving of notice of the direction as required by subsection (3) of that section or, where an appeal to the High Court is brought against the direction, until the appeal is determined or withdrawn. (2)If the High Court has dismissed an appeal against a direction under the said subsection (1) that a name shall be removed from the register or shall not, until the Committee otherwise directs, be registered or restored to the register, a direction by the Committee authorising the registration or restoration of the name shall not take effect unless it is approved by the Privy Council. (3)When any direction under the said section eight takes effect it shall be the duty of the registrar to make such alterations in the register as are necessary to give effect to the direction. 12Removal from register for non-payment of retention fee, etc. (1)If any registered pharmaceutical chemist on whom a demand has been made in the prescribed manner for the payment of any fee payable by him under subsection (3) of section two of this Act fails to pay the fee within two months from the date of the demand, the Council may direct the registrar to remove the chemist's name from the register. (2)If any person whose name has been removed from the register under the last foregoing subsection for non-payment of any fee pays to the Society, before the expiration of the year in respect of which the fee is payable or of such longer period as the Council allow, the fee and such additional sum (if any) by way of penalty as is prescribed, it shall be the duty of the registrar, subject to the provisions of any direction in force under paragraph (iii) of subsection (1) of section eight of this Act, to restore that person's name to the register. (3)Where a name removed from the register under subsection (1) of this section is restored thereto under the last foregoing subsection, the restoration shall, if the Council so direct, have effect from the date of the removal of the name. 13Corrections of the register (1)It shall be the duty of the registrar— (a)to remove from the register the name of any registered pharmaceutical chemist who has died ; (b)to remove from the register any entry which the Council, by an order in writing, direct him to remove therefrom as being in their opinion an entry which was procured by fraud ; (c)to correct in accordance with the Council's directions any entry in the register which the Council, by an order in writing, direct him to correct as being in their opinion an entry which was incorrectly made; and (d)to make from time to time any necessary alterations in the registered particulars of registered pharmaceutical chemists. (2)The registrar may remove from the register any name to which this subsection applies by virtue of subsection (4) of this section, and the Council may direct the registrar to restore to the register any name removed therefrom under this subsection. (3)Every registrar of births and deaths shall, on registering the death of a pharmaceutical chemist, send forthwith by post to the registrar under this Act a copy certified under his hand of the entry relating to the death in the register of deaths; and the cost of the certificate and of sending it by post shall be payable by the registrar under this Act to the registrar of births and deaths from whom it is received. (4)If the registrar— (a)sends by post to any registered pharmaceutical chemist a registered letter addressed to him at his address on the register enquiring whether he has ceased to practise as a pharmaceutical chemist or has changed his address and receives no reply to the letter within the period of six months from the date of posting it; and (b)upon the expiration of that period sends in like manner to the pharmaceutical chemist in question a second similar letter and receives no reply to that letter within three months from the date of posting it,subsection (2) of this section shall apply to the name of the registered pharmaceutical chemist in question. Miscellaneous provisions relating to the Pharmaceutical Society 14Membership of the Society Every person whose name is registered shall, by virtue of the registration, be a member of the Society, and shall, on his name ceasing to be registered, cease to be a member of the Society. 15Appointment of additional members of Council (1)The Privy Council may appoint three persons to be members of the Council of the Society in addition to the persons elected as members of the Council under the Society's Charter, and the persons appointed by the Privy Council under this section shall hold office as members of the Council for such period as the Privy Council determine. (2)A person may be appointed under this section as a member of the Council whether he is or is not a member of the Society. 16Byelaws The Council may make such byelaws as they think necessary for the purposes of any provision of this Act referring to byelaws ; but no byelaw made by virtue of this Act shall come into operation until it is approved by the Privy Council. 17The benevolent fund The Council may, out of the property of the Society and out of any property for the time being comprised in the benevolent fund established in pursuance of the Society's Charter of Incorporation, make provision for such purposes relating to the relief of distressed persons, being— (a)members of the Society; (b)persons who at any time have been such members or have been registered as pharmaceutical chemists or chemists and druggists under this Act or any enactment repealed by, or by an enactment repealed by, this Act; (c)widows, orphans and other dependants of deceased persons who were at any time members of the Society or registered as aforesaid ; or (d)students of the Society,as the Council may, subject to byelaws, determine. Offences 18Falsifications by the registrar If the registrar wilfully makes or causes to be made any falsification in any matter relating to the register or the Annual Register of Pharmaceutical Chemists or any such certificate as is mentioned in subsection (5) of section three of this Act, he shall be guilty of a misdemeanour and, in the case of a falsification relating to the said Annual Register, liable to imprisonment for a term not exceeding twelve months. 19Restrictions on use of certain titles, etc. (1)Subject to the provisions of subsection (2) of section nine and subsection (1) of section ten of the Act of 1933 (which authorise the use of certain titles and descriptions by bodies corporate and by representatives of pharmaceutical chemists who have died or are under certain disabilities) it shall not be lawful for any person, unless he is a registered pharmaceutical chemist— (a)to take or use any of the following titles, that is to say, pharmaceutical chemist, pharmaceutist, pharmacist, chemist and druggist, druggist, or member of the Pharmaceutical Society; (b)to take or use, in connection with the sale of goods by retail, the title of chemist. (2)Subject as aforesaid, it shall not be lawful for any person to use, in connection with any business, any title, emblem or description reasonably calculated to suggest that he or any person employed in the business possesses any qualification with respect to the selling, dispensing or compounding of drugs or poisons other than the qualification which he in fact possesses. For the purposes of this subsection— (a)the use of the description " pharmacy " in connection with a business carried on any premises shall be deemed to be reasonably calculated to suggest that the owner of the business and the person having the control of the business on those premises are registered pharmaceutical chemists; and (b)the expression " dispensing " in relation to a poison has the same meaning as in the Act of 1933. (3)If any person acts in contravention of the foregoing provisions of this section, he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding twenty pounds and in the case of a continuing offence to a further fine not exceeding five pounds for every day subsequent to the day on which he is convicted of the offence during which the contravention continues. 20Offences relating to certificates (1)If any person fraudulently exhibits any certificate purporting to be a certificate of membership of the Society, he shall be guilty of a misdemeanour. (2)If, with intent to deceive, any person— (a)forges, or uses, or lends to or allows to be used by any other person any certificate issued under the Pharmacy Acts; or (b)makes or has in his possession any document so closely resembling such a certificate as to be calculated to deceive,he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding twenty pounds and, in the case of a continuing offence, to a (further fine not exceeding five pounds for every day subsequent to the day on which he is convicted of the offence during which the contravention continues. In the application of this subsection to England or Wales, the expression " forges " has the same meaning as in the Forgery Act, 1913. (3)If any person to whom a certificate of registration has been issued in pursuance of section five of this Act ceases to be a registered pharmaceutical chemist he shall, before the expiration of fourteen days from so ceasing, transmit the certificate to the registrar for cancellation, and, if he fails to do so, he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding five pounds and to a further fine not exceeding one pound for every day subsequent to the day on which he is convicted of the offence during which the default continues. 21Extension of time for certain prosecutions Notwithstanding anything in the Magistrates' Courts Act, 1952 or the Summary Jurisdiction (Scotland) Act, 1908, proceedings for an offence under section nineteen of this Act or subsection (2) or subsection (3) of the last foregoing section may be commenced at any time within the period of twelve months next after the date of the commission of the offence. Supplemental 22Exercise of powers conferred on Privy Council (1)For the purpose of exercising any powers conferred by this Act on the Privy Council, the quorum of the Privy Council shall be three. (2)Any document purporting to be— (a)an instrument of appointment or approval made by the Privy Council under this Act or any other instrument so made; and (b)signed by the Clerk of the Privy Council or by any other person authorised by the Privy Council in that behalf,shall be evidence of the fact that the instrument was so made and of the terms of the instrument. 23Application of fees, etc. Any sum received by the Society by way of fee or penalty in pursuance of any provision of this Act shall be applicable for the purposes of the Society. 24Interpretation (1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say— " the Act of 1933 " means the Pharmacy and Poisons Act, 1933 ; " byelaws " means byelaws made by the Council; " the Council " means the Council of the Society ; " the Pharmacy Acts " has the same meaning as in the Act of 1933 ; " prescribed " means prescribed by byelaws; " the register" means the Register of Pharmaceutical Chemists established in pursuance of the Pharmacy Act, 1852 and maintained in pursuance of subsection (1) of section two of this Act; " registered" means registered in the register, and " to register" and " registration" shall be construed accordingly; " registered pharmaceutical chemist " means a person whose name is registered; " registrar " means the registrar appointed in pursuance of section one of this Act; " the Society " means the Pharmaceutical Society of Great Britain; " year ", in subsection (3) of section two and subsection (2) of section twelve, means a period of twelve months beginning on such date as is for the time being determined by the Council. (2)In the application of this Act to Scotland any reference to the High Court shall be construed as a reference to the Court of Session. (3)Any reference in this Act to any enactment is a reference to that enactment as amended by any subsequent enactment. 25Transitional and consequential provisions, and repeals (1)Without prejudice to the operation of section thirty-eight of the Interpretation Act, 1889 (which relates to repeals).— (a)the provisions of the Second Schedule to this Act shall have effect; and (b)the enactments specified in the Third Schedule to this Act shall have effect subject to the amendments specified in the said Third Schedule, being amendments consequential upon the provisions of this Act. (2)Subject to the provisions of the said Second Schedule, the enactments specified in the Fourth Schedule to this Act are hereby repealed to the extent specified in the third column of the said Fourth Schedule. 26Short title, commencement and extent (1)This Act may be cited as the Pharmacy Act, 1954, and. shall come into operation at the expiration of one month beginning with the date of its passing. (2)This Act shall not extend to Northern Ireland. ### 1Charges on certain independent public service vehicles (1)This section shall apply to services by public service vehicles provided by any independent statutory undertaking. (2)The fares chargeable on any service to which this section applies provided under a road service licence shall be those fixed by the licensing authority for public service vehicles by means of conditions attached to the licence under, and in accordance with the provisions of, section seventy-two of the Road Traffic Act, 1930, or, in the case of any fares not so fixed, such fares as the undertakers may think fit; and for the purposes of any application for the grant of, or for the variation of the conditions attached to, such a licence the undertakers shall have power to propose such fares as they may think fit. (3)The charges to be made for passengers on any other service to which this section applies shall be such as the undertakers may think fit. (4)Subject, in the case of any service provided under a road service licence, to any conditions attached to the licence as aforesaid by the said licensing authority, the charges to be made for the carriage on any service to which this section applies of dogs or other animals, luggage, parcels, or other goods or articles (where and to the extent that such carriage is authorised) shall be such, if any, as the undertakers may think fit. (5)Where any independent undertaking providing services by public service vehicles is not a statutory undertaking but the fares chargeable on any particular services provided by that undertaking are regulated by an agreement confirmed or authorised by an Act of Parliament, this section shall apply to those particular services as if the undertaking were a statutory undertaking. 2Charges on independent tramways, trolley vehicles and railways of the nature of a tramway (1)This section shall have effect with respect to services by tramway, trolley vehicles or a railway of the nature of a tramway provided by any independent undertaking, other than services by a tramway laid wholly along a pier. (2)A licensing authority for public service vehicles shall have such powers and duties as are conferred or imposed by the First Schedule to this Act with respect to the charges to be made on any service to which that Schedule applies. (3)In the case of an undertaking providing services to which Part II of the said First Schedule applies, being an undertaking in existence at the date of the passing of this Act, the undertakers— (a)shall continue to have the same powers with respect to the fares chargeable on regular services to which that Part of that Schedule applies as they would have had if this Act had not been passed unless and until fare-tables for such services provided by that undertaking (have been approved by such a licensing authority as aforesaid under that Part of that Schedule and have come into effect; (b)for the purposes of any application to such a licensing authority as aforesaid under that Part of that Schedule with respect to any service to which that Part of that Schedule applies, shall have power to propose such fares as they may think fit (4)Subject to the provisions of Part III of the said First Schedule, the charges to be made for passengers on any service with respect to which this section has effect but to which Part II of that Schedule does not apply shall be such as the undertakers may think fit. (5)Subject, in the case of any service to which the said First Schedule applies, to any authorisation or direction given by the said licensing authority under that Schedule, the charges to be made for the carriage on any service with respect to which this section has effect of dogs or other animals, luggage, parcels, or other goods or articles (where and to the extent that such carriage is authorised) shall be such, if any, as the undertakers may think fit. (6)The following provisions of the Railways Act, 1921, that is to say, Part III (so far as it applies to light railways) and section seventy-two, shall cease to apply to any independent light railway which is a railway of the nature of a tramway. 3Application of charges schemes to independent railway and inland waterway undertakings (1)This section shall apply to— (a)any independent railway undertaking, being a statutory undertaking and not being an undertaking carrying on only— (i)a railway of the nature of a tramway ; or (ii)a railway laid wholly or mainly over a beach or wholly along a pier; or (iii)a railway of the nature of a lift providing communication between the top and bottom of a cliff; (b)any independent inland waterway undertaking any of the charges of which are 1888 Act charges:Provided that this section or any order made thereunder shall not apply— (i)to any inland waterway undertaking in relation to charges other than 1888 Act charges; or (ii)to any inland waterway undertaking forming part of a harbour undertaking if the inland waterway is situated wholly within the limits of the harbour ; or (iii)to any undertaking in relation to any charge if the statutory provisions relating to that undertaking confer a power of revising that charge on the Minister of Transport and Civil Aviation and some other Minister acting together. (2)Subject to the provisions of the next following section, as from the expiration of a period of one month beginning with the date of the passing of this Act the British Transport Commission (Passenger) Charges Scheme, 1954, as generally in force shall apply in relation to the passenger services by rail provided by any independent railway undertaking to which this section applies as it applies in relation to passenger services by rail provided by the Commission otherwise than upon the London Lines within the meaning of that scheme. (3)When any charges scheme under Part V of the Transport Act, 1947, is confirmed after the passing of this Act, being a charges scheme for determining charges of the following descriptions to be made by the Commission, that is to say— (a)charges for the carriage of passengers by railway; or (b)charges for the carriage of merchandise by railway; or (c)railway tolls, that is to say, charges for the use of the railways of the Commission by traffic drawn by engines not belonging to the Commission ; or (d)tolls for the use of inland waterways as defined in subsection (7) of section twenty of the Transport Act, 1953; or (e)any other charges which, by reason of their connection with any of the charges aforesaid, have been dealt with by the scheme by Virtue of paragraph (f) of subsection (1) of the said section twenty,the Minister shall consider that scheme and, if he is satisfied that the scheme or any part thereof can properly be applied to all or any class of railway or, as the case may require, inland waterway undertakings to which this section applies, shall by order made by statutory instrument provide that, as from the date when that scheme is to come into force in relation to the Commission or as from the expiration of a period of one month beginning with the date of the making of the order, whichever is the later, that scheme as generally in force, or any specified part of that scheme as generally in force, shall apply to each of those undertakings or to each of that class of undertakings, subject to any modifications or alterations made by or under the next following section, as it applies to the Commission. (4)Where, by subsection (2) of this section or by an order made under subsection (3) of this section, a charges scheme has been applied to an undertaking to which this section applies, then— (a)that scheme as specially in force shall have effect in relation to that undertaking notwithstanding anything in any statutory provision relating to the subject matter of the scheme ; and (b)notwithstanding the revocation of that scheme as generally in force, that scheme as specially in force immediately before that revocation shall continue to have effect in relation to that undertaking as if no such revocation had taken place until, and except to the extent that, the scheme as specially in force is revoked by an order of the Minister under subsection (3) of this section applying to that undertaking a new scheme or part of a new scheme with respect to all or any of the matters dealt with therein. (5)In this and the next following section— (a)the expression " as generally in force" in relation to a charges scheme means that scheme as for the time being in force in relation to the Commission, whether as originally confirmed or as altered, amended or deemed to be amended under section seventy-nine or section eighty of the Transport Act, 1947, or section twenty-three of the Transport Act, 1953 ; (b)the expression " as specially in force " in relation to a charges scheme applied to an undertaking by or under this section means that scheme as generally in force subject to any modifications or alterations made by or under the next following section for the time being in force in relation to that undertaking. 4Modification and alteration of charges schemes in application to independent railway and inland waterway undertakings (1)Without prejudice to the powers of the Transport Tribunal under the next following subsection, any charges scheme applied to an independent undertaking by or under the last foregoing section shall apply to that undertaking subject to the following modifications, that is to say— (a)for any reference in the scheme to the Commission there shall be substituted a reference to the undertakers ; and (b)in the case of a light railway connecting (whether by means of a junction or of adjacent sidings) with any railway forming part of the undertaking of the Commission, for the purpose of the calculation of charges under the scheme by mileage each mile of the light railway shall be treated as if it were a mile and a quarter;and an order made under subsection (3) of the last foregoing section applying a scheme to any undertaking may provide for any other modifications which are in the opinion of the Minister necessary in order to make that scheme apply to that undertaking as it applies to the Commission. (2)Where a charges scheme has been applied to any undertaking by or under the last foregoing section, section seventy-nine of the Transport Act, 1947 (which relates to applications to the Transport Tribunal for the alteration of charges schemes) shall apply also for the purposes of the alteration of that scheme as specially in force in relation to that undertaking, subject, however, to the following modifications, that is to say— (a)any reference in that section to a charges scheme shall be construed as a reference to a charges scheme as specially in force in relation to that undertaking; (b)for any reference in that section to the Commission there shall be substituted a reference to the undertakers ; (c)the proviso to subsection (1) of that section shall be omitted; (d)the Tribunal may, if they think fit, make such order, if any, with respect to the matter of the application as they think fit without holding a public inquiry as provided by subsection (4) of that section; and subsection (5) of that section shall apply to any order so made as it applies to an order made under the said subsection (4);and the Tribunal may make under the said section seventy-nine as modified by this subsection any alteration in the scheme as specially in force which they might have made under section seventy-eight of the said Act of 1947 if the scheme as specially in force had been a draft of a charges scheme submitted by the Commission for confirmation by the Tribunal. (3)An application may be made to the Transport Tribunal under section seventy-nine of the Transport Act, 1947, as modified by the last foregoing subsection, for the alteration of a charges scheme as applied to any independent undertaking by subsection (2) or an order made under subsection (3) of the last foregoing section notwithstanding that the application is made before the date as from which that scheme is to apply to that undertaking; and where such an application is made before that date, then, notwithstanding anything in that subsection or order, the scheme shall not apply to that undertaking until such date as the Tribunal may determine. (4)With respect to so much of the remuneration of the members, officers and servants and other expenses of, and of the remuneration and expenses of persons appointed from any panel of, the Transport Tribunal (so far as not met out of the amount recovered by way of fees) as may be apportioned by the Tribunal to the performance of any functions with respect to an independent undertaking by virtue of this section, subsection (2) of section twenty-one of the Railways Act, 1921, and sub-paragraph (2) of paragraph 7 of the Tenth Schedule to the Transport Act, 1947, shall have effect as if the obligation to repay or pay to the Minister the remuneration and expenses aforesaid (so far as not met as aforesaid) had been imposed thereby on that undertaking instead of on the Commission. 5Extension to independent railway and inland waterway undertakings of provisions applying to Commission (1)The enactments referred to in subsection (1) of section twenty-one of the Transport Act, 1953 (which provides that the said enactments, being enactments relating to equality of charges, undue preference and certain other matters connected with charges, shall not apply to the Commission) shall not apply to any independent railway undertaking or to any independent inland waterway undertaking in relation to 1888 Act charges. (2)The following provisions (which relate to the protection of competitors and traders and certain other matters), that is to say, subsections (2) to (5) and (7) of the said section twenty-one, section twenty-two of, and the Fourth Schedule to, the said Act of 1953, and subsection (5) of section eighty-three of the Transport Act, 1947, shall apply to any independent railway undertaking to which section three of this Act applies as they apply to the Commission. (3)Subsection (6) of the said section twenty-one (which provides for the removal of restrictions on the charges which may be made for carriage by water) shall apply to any independent inland waterway undertaking in relation to 1888 Act charges as it applies to the Commission. (4)Subsection (1) of section eighty-two of the Transport Act, 1947 (which makes transitional provisions as to charges) shall apply to any independent undertaking to which section three of this Act applies in relation to charges to which the said section three relates as it applies to the Commission:Provided that the said subsection (1) and any regulations made thereunder shall not apply in relation to any charge which is the subject of a charges scheme for the time being in force with respect to that undertaking by virtue of, or of any order made under, the said section three. (5)In the application of the provisions of the said Acts of 1947 and 1953 referred to in subsection (2), (3) or (4) of this section to any independent undertaking— (a)for any reference in those provisions to the Commission there shall be substituted a reference to the undertakers ; and (b)in subsection (3) of section twenty-one of the said Act of 1953, the reference to the coming into force of a charges scheme shall be construed as a reference to the coming into force with respect to the undertaking of a charges scheme as applied to the undertaking by an order made under subsection (3) of section three of this Act. 6Revision of charges by independent harbour undertakings, etc. (1)This section shall apply to any independent statutory undertaking, being— (a)a harbour undertaking, other than an excepted undertaking ; or (b)an inland waterway undertaking, so, however, that this section shall not apply in relation to any 1888 Act charges unless the undertaking forms part of a harbour undertaking and the inland waterway is situated wholly within the limits of the harbour; or (c)a ferry undertaking, other than an undertaking acquired under the Ferries (Acquisition by Local Authorities) Act, 1919, or an undertaking which is a marine work within the meaning of the Harbours, Piers and Ferries (Scotland) Act, 1937, to which Part III of the said Act of 1937 for the time being applies; or (d)an undertaking engaged in the maintenance of a bridge ; or (e)a local lighthouse authority within the meaning of the Merchant Shipping Act, 1894, so, however, that this section shall not apply in relation to any charges which are the subject of an Order in Council made, whether before or after the passing of this Act, under section six hundred and fifty-five of the said Act of 1894; or (f)one of any other class of undertakings connected with transport which the Minister may from time to time by order declare to be a class of undertakings to which this section applies:Provided that this section shall not apply to any undertaking in relation to any charge if the statutory provisions relating to that undertaking confer a power of revising that charge on the Minister of Transport and Civil Aviation and some other Minister acting together. (2)An application may be made to the Minister at any time— (a)by the undertakers ; or (b)by any person, or any body representative of persons, appearing to the Minister to have a substantial interest,for the revision of any of the charges which the undertakers are for the time being authorised to demand and take in pursuance of any statutory provision ; and if on any such application the Minister is satisfied that under the circumstances then existing it is proper so to do, he may, subject to the provisions of this section, make an order revising in such manner as he may think fit, with effect from such date as may be specified in the order, all or any of the said charges, whether or not the subject matter of the application, including any classification by reference to which the amount of any of those charges is to be determined ; and any such order shall have effect notwithstanding anything in any statutory provision relating to the subject matter of the order: Provided that— (i)the Minister shall not vary any charge other than those to which the application relates except after consultation with the undertakers and such other persons, or such bodies representative of other persons, appearing to him to have a substantial interest as may appear to him appropriate; (ii)where on any application under this section for an increase or a decrease in any charge the Minister has made an order or has decided that it is not proper to make an order, the Minister shall not entertain an application for a further increase or, as the case may be, a further decrease in that charge, or for a further revision of any other charge revised by the order, if any, so made, if that application is made before the expiration of a period of twelve months from the date of the making of the order or, as the case may be, from the date when the Minister gave notice of his decision not to make an order; (iii)where the statutory provisions in force with respect to any particular undertaking on the third day of September, nineteen hundred and thirty-nine, authorised a maximum for any charge and made no provision for its revision, an order under this subsection shall not revise that charge so as to make it lower than the maximum so authorised; (iv)where immediately before the commencement of this Act, or, in the case of an undertaking such as is referred to in paragraph (f) of subsection (1) of this section, immediately before the coming into force of the order therein mentioned, the undertakers were required by any statutory provision then in force to keep charges levied according to classes of voyages or otherwise in definite proportions, the Minister shall not make an order revising any of those charges which does not maintain the same proportions. (3)In making any order on an application under this section, the Minister shall have regard to the financial position and future prospects of the undertaking and shall not make any revision of charges which in his opinion would be likely to result in the undertaking receiving an annual revenue either substantially less or substantially more than adequate to meet such expenditure on the working, management and maintenance of the undertaking and such other costs, charges and expenses of the undertaking as are properly chargeable to revenue, including reasonable contributions to any reserve, contingency or other fund and, where appropriate, a reasonable return upon the paid up share capital of the undertaking:Provided that where the Minister is satisfied that, in view of the financial position of the undertaking during such period immediately preceding the application as may appear to him appropriate, there are special circumstances affecting the undertaking, the Minister may make such revision of charges as he may consider just and reasonable in the light of those special circumstances, notwithstanding that it is in his opinion likely to result in the undertaking receiving an annual revenue substantially less than adequate for the purposes aforesaid. (4)Where an application is made under this section, the applicant and, where the application is made otherwise than by the undertakers, the undertakers shall furnish the Minister with such information and particulars, certified in such manner, as the Minister may require, and the applicant shall publish in such newspapers as the Minister may require a notice stating— (a)the general effect of the application ; and (b)that within a period of forty-two days from the date of the first publication of the notice any person having a substantial interest may object to the application by giving notice to the Minister accompanied by the grounds of his objection with a copy to the applicant. (5)Before making an order on an application under this section, the Minister shall, if required by the applicant or by any person who has objected to the application and has not withdrawn his objection or, where the order would vary any charge other than those to which the application relates, by any person or body with whom he has consulted in pursuance of paragraph (i) of the proviso to subsection (2) of this section, and in any other case may if he thinks fit, cause a local inquiry to be held by such person as he may appoint for the purpose; and where such an inquiry is held subsections (2) to (5) of section two hundred and ninety of the Local Government Act, 1933, or, where the inquiry is held in Scotland, subsections (2) to (9) of section three hundred and fifty-five of the Local Government (Scotland) Act, 1947, shall apply to that inquiry as if it were an inquiry held in pursuance of subsection (1) of that section and the undertakers were a local authority. (6)Any order under subsection (1) or subsection (2) of this section shall be made by statutory instrument, and an order made under the said subsection (2) may vary or revoke any previous order made under that subsection. (7)Nothing in this section shall apply to any charge which, by the statutory provisions authorising the charge, is left to the discretion of the undertakers without any restriction or subject only to a requirement that the charge shall be reasonable; and for the purposes of the promotion by any undertaking of a Bill, or of the making with respect to any undertaking of a Provisional Order, being a Bill or Order containing a provision revising any of the charges authorised to be demanded and taken by that undertaking, it shall be deemed, notwithstanding the passing of this section, that the objects of that provision cannot be attained except with new authority from Parliament. 7Power of independent harbour undertaking to make charges in respect of seaplanes, etc. (1)Subject to the provisions of the Civil Aviation Act, 1949, any independent harbour undertaking to which the last foregoing section applies may demand and take charges in respect of any aircraft designed to float or manoeuvre on water which makes use of the undertaking. (2)Any charges imposed by virtue of this section shall in the first instance require the approval of the Minister and shall thereafter be liable to revision under the last foregoing section. (3)Any provision relating to charges in respect of such an aircraft as aforesaid contained in any statutory provision passed or made with respect to any particular independent harbour undertaking to which the last foregoing section applies shall cease to have effect:Provided that any charges imposed by virtue of that provision and in force immediately before the passing of this Act shall be deemed to have been imposed by virtue of this section and to have been approved by the Minister. (4)In section twenty-eight of the Harbours, Docks and Piers Clauses Act, 1847 (which relates to the exemption of certain vessels from harbour rates) as incorporated with any statutory provision, the expression " vessel" shall be deemed to include any such aircraft as aforesaid on the surface of the water. 8Revocation in part (with savings) of Defence Regulation 56 (1)Regulation 56 of the Defence (General) Regulations, 1939, as amended by any statutory provision, shall cease to have effect so far as it relates to any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour or pier undertaking, and sub-paragraph (a) of paragraph (4) of that Regulation is hereby revoked:Provided that— (a)this section shall not affect any power with respect to charges possessed by any undertaking immediately before the commencement of this section which is attributable in whole or in part to any order made by the Minister under the said Regulation authorising the undertaking to make charges in excess of, or in addition to, those which they would otherwise have been authorised to make; (b)any other order made by the Minister under the said Regulation before the sixteenth day of February, nineteen hundred and fifty-four, if and so far as it is in force immediately before the commencement of this section, shall continue in force notwithstanding the foregoing provisions of this section, but may be revoked at any time by the Minister by order made by statutory instrument; and the provisions of subsection (2) of section thirty-eight of the Interpretation Act, 1889, shall apply to any such revocation as they apply to the repeal of an Act of Parliament. (2)This section shall come into force at the expiration of a period of one month beginning with the date of the passing of this Act. 9Control of number of passengers on public service vehicles, tramcars and trolley vehicles (1)The Minister may make regulations with respect to public service vehicles, tramcars and trolley vehicles providing for— (a)the determination by or under the regulations of the number of the seated passengers and standing passengers respectively whom any vehicle is constructed or adapted and fit to carry : (b)the determination by or under the regulations of the number of such passengers respectively who may be carried in any vehicle ; (c)the marks to be carried on any vehicle showing the numbers aforesaid and the manner in which those marks are to be carried :and different regulations may be made for different cases or different circumstances. (2)If any person contravenes or fails to comply with any such regulation he shall for each offence be liable on summary conviction to a fine not exceeding twenty pounds. (3)Before making any such regulations, the Minister shall consult with such representative organisations as he thinks fit (4)Any such regulations shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament. 10Yearly accounts and returns by independent railway undertakings (1)In subsection (1) of section one of the Railway Companies (Accounts and Returns) Act, 1911 (which provides that every independent railway undertaking shall annually prepare accounts and returns in accordance with the form set out in the First Schedule to that Act) for the words " in accordance with the form set out in the First Schedule to this Act" there shall be substituted the words “in such form and containing such particulars as the Minister of Transport and Civil Aviation may from time to time either generally or in any particular case direct”, and subsection (1) of section seventy-seven of the Railways Act, 1921 (which makes provision as to the manner of compiling the accounts aforesaid) shall cease to have effect. (2)In subsection (2) of the said section one (which requires accounts and returns to be made up for the year ending the thirty-first day of December or such other day as the Minister may fix after the word " may " there shall be inserted the words “from time to time”. (3)Section two of the said Act of 1911 (which provides for the filing of certain accounts by the registrar of companies) shall apply to all accounts prepared under that Act, and accordingly in subsection (1) of the said section two the words from "numbered " to " Act, as " shall be omitted. (4)Subsection (2) of the said section seventy-seven (which requires independent railway undertakings to compile and render to the Minister certain additional statistics and returns) shall cease to have effect. (5)This section shall come into force on the first day of January, nineteen hundred and fifty-five. 11Repeal of requirement to transmit benefit of rate-relief The Railway Freight Rebates Enactments, 1929 to 1943 (which relate to the transmission of the benefit of rate-relief in respect of freight-transport hereditaments, lands and heritages) shall cease to have effect, without prejudice, however, to any relief from rates provided for by any Act. 12Expenses, etc. (1)Any administrative expenses incurred by the Minister in the execution of this Act (including any charges and expenses of licensing authorities for public service vehicles attributable to the provisions of this Act) shall be paid out of moneys provided by Parliament. (2)Any fees received by a licensing authority for public service vehicles by virtue of regulations made under the First Schedule to this Act shall be paid into the Exchequer. (3)Any increase attributable to the provisions of this Act in the sums required under any other enactment to be paid out of moneys provided by Parliament or to be paid into the Exchequer shall be paid out of moneys so provided or, as the case may be, into the Exchequer. 13Interpretation (1)In this Act, unless the context otherwise requires, the following expressions have the following meanings respectively— " charges " includes fares, rates, tolls, fees and dues of every description ; and " 1888 Act charges ", in relation to any inland waterway undertaking, means charges with respect to which a Provisional Order was made, and confirmed by Parliament, in pursuance of sections twenty-four and thirty-six of the Railway and Canal Traffic Act, 1888; " the Commission" means the British Transport Commission; "fares" includes sums payable in respect of a contract ticket or season ticket; " harbour " means any harbour, whether natural or artificial, any port, haven, estuary, tidal or other river or inland waterway navigated by seagoing ships, and any dock, pier, wharf, quay, jetty, or other place at which ships can ship or unship goods or passengers; " harbour undertaking " means an undertaking engaged in improving, maintaining, working, managing or regulating a harbour; and, in relation to any such undertaking, the expression " excepted undertaking" means— (a)an undertaking carrying on a fishery harbour within the meaning of the Fishery Harbours Act, 1915, in the case of which, by or under section twenty-one of the Sea Fish Industry Act, 1951, the Minister of Agriculture and Fisheries is for the time being the appropriate Minister for the purposes of section fourteen of the General Pier and Harbour Act, 1861, Amendment Act; (b)an undertaking or part of an undertaking which is a marine work within the meaning of the Harbours, Piers and Ferries (Scotland) Act, 1937, to which Part III of that Act for the time being applies; " independent " means not forming part of the undertaking of the Commission; " inland waterway undertaking" means an undertaking engaged in conserving, maintaining, improving or working a canal or other inland navigation or the navigation of a tidal water ; " the Minister " means the Minister of Transport and Civil Aviation; " railway of the nature of a tramway " means— (a)a light railway laid wholly or mainly along a public carriageway and used wholly or mainly for the carriage of passengers ; or (b)a railway which, under the statutory provisions relating thereto, is to be treated as forming part of a tramway undertaking; " ship" includes every description of vessel used in navigation; " statutory provision " means a provision whether of a general or a special nature contained in, or in any document made or issued under, any Act other than this Act, whether of a general or a special nature ; " statutory undertaking " means an undertaking the carrying on of which is authorised by, or by an order made under, an Act of Parliament; " tramcar " includes a railway vehicle used on a railway of the nature of a tramway ;and " public service vehicle ", " road service licence ", " traffic area " and " trolley vehicle " have the same meanings as in the Road Traffic Acts, 1930 to 1947. (2)A provision of this Act which applies to an undertaking carrying on particular activities shall apply in respect of those activities to any undertaking (including an undertaking carried on by a local authority) engaged therein, whether or not that undertaking is also engaged in other activities, but shall not apply in respect of any such other activities:Provided that, for the purposes of section six of this Act— (a)where the activities carried on by any undertaking cause that undertaking to fall into two or more classes of undertakings to which that section applies, nothing in this subsection shall cause that section to apply to the undertaking at any time as an undertaking of any one such class only unless the Minister is satisfied that the activities of the undertaking appertaining to that class are carried on separately from the other activities of the undertaking to which that section relates and that the undertaking should properly be treated as if it were a separate undertaking for the purposes of the activities appertaining to that class; (b)where, in the case of an undertaking which falls into any of the classes aforesaid, the Minister is satisfied that particular activities of that undertaking appertaining to any one of the classes aforesaid are carried on separately from other activities of that undertaking appertaining to the same class and that it is proper that this paragraph should have effect in relation to that undertaking, the undertaking shall be treated as if those particular activities and those other activities respectively were carried on by separate undertakings. (3)For the avoidance of doubt, it is hereby declared that in this Act, the Transport Act, 1947, and the Transport Act, 1953, the expression " statutory provision " includes a document made or issued in pursuance of a power conferred by an instrument made under an Act as well as a document made or issued in pursuance of a power conferred by an Act. (4)Save in so far as the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act. 14Repeals, adaptations and savings (1)The enactments specified in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule— (a)in the case of the enactments specified in Parts I and II of that Schedule, as from the passing of this Act; (b)in the case of the enactments specified in Part III of that Schedule, as from the first day of January, nineteen hundred and fifty-five; (c)in the case of the enactments specified in Part IV of that Schedule, as from the date when the first regulations made under section nine of this Act come into force. (2)So much of any statutory provision (including any local Act passed at any time in the present session of Parliament) passed or made with respect to any particular undertaking providing services to which section one of this Act applies or with respect to which section two of this Act has effect, or applied to any such undertaking by any statutory provision so passed or made, as has the effect of— (a)fixing or regulating, or providing for the fixing or approval of, or prescribing a procedure for the revision of, or conferring any discretion upon the undertakers as to, the charges to be made for passengers on any of those services or any category of those services or any stage of any of those services ; or (b)restricting the discretion of the undertakers as to the stages which may be appointed on any route or service ; or (c)restricting the discretion of the undertakers as to the making of charges, and the amount of any charges to be made, for the carriage on any of those services of dogs or other animals, luggage, parcels, or other goods or articles (where and to the extent that such carriage is authorised),and so much of any agreement such as is mentioned in subsection (5) of section one of this Act as has such an effect shall cease to have effect with respect to that undertaking : Provided that— (i)without prejudice to the provisions of section eight of this Act, in this subsection the expression " statutory provision" does not include an order such as is referred to in the said section eight; and (ii)nothing in this subsection shall affect any condition attached to a road service licence granted to any undertaking providing services to which section one of this Act applies. (3)So much of any statutory provision (including any local Act passed at any time in the present session of Parliament) passed or made with respect to any particular undertaking to which section six of this Act for the time being applies as prescribes a procedure for the revision of any charges to which that section relates, or as confers upon the undertakers any power of revising any such charges with the approval or sanction of the Minister, or within defined limits, shall cease to have effect:Provided that any such provision conferring upon the undertakers a power of revising any such charge within defined limits shall not cease to have effect by virtue of this subsection unless and until that charge is first revised by the Minister under the said section six. (4)Except in relation to any charges of an independent inland waterway undertaking which are not 1888 Act charges, so much of any statutory provision (including any local Act passed at any time in the present session of Parliament) passed or made with respect to any particular railway or inland waterway undertaking as makes provision corresponding to any of the enactments specified in Part I of the Second Schedule to this Act, or as otherwise prohibits undue preference, or an undue or unreasonable prejudice or disadvantage in any respect, in favour of or against any person or particular class of persons or any particular description of traffic, shall cease to have effect. (5)In addition to the enactments specified in Part IV of the Second Schedule to this Act, so much of any statutory provision (including any local Act passed at any time in the present session of Parliament) passed or made with respect to any particular undertaking as makes provision with respect to any of the matters with respect to which the Minister is empowered to make regulations by section nine of this Act shall cease to have effect as from the date when the first regulations made under that section come into force. (6)Any reference (however expressed) in any statutory provision passed, made or applied as mentioned in subsection (2), (3) or (4) of this section to charges authorised by or in pursuance of the Act or other instrument containing that provision shall be construed as including a reference to charges for the time being authorised by or in pursuance of this Act. (7)Notwithstanding anything in the foregoing provisions of this section, nothing in this Act shall affect the operation of section forty-four of the Post Office Act, 1953 (which relates to the conveyance of mails) or of that section as applied by any other statutory provision. 15Short title and extent (1)This Act may be cited as the Transport Charges &c. (Miscellaneous Provisions) Act, 1954. (2)This Act shall not extend to Northern Ireland. ### 1Transfer from National Gallery Trustees to Tate Gallery Trustees of responsibility for Tate Gallery collection (1)The responsibility for the collection at the Tate Gallery shall on the date of the coming into operation of this Act pass from the National Gallery Trustees to the Tate Gallery Trustees and the Tate Gallery Trustees shall thereafter be independent of the National Gallery Trustees. (2)There shall vest in the Tate Gallery Trustees all the pictures and other works of art which on the said date form part of the collection at the Tate Gallery and which immediately before that date were vested in the National Gallery Trustees. (3)The Tate Gallery Trustees shall have the like powers and duties in relation to the pictures and other works of art vested in them by the foregoing provisions of this section as apart from those provisions would have been exercisable by and incumbent upon the National Gallery Trustees. 2Powers of transfer between the National Gallery and Tate Gallery collections (1)Either of the said two bodies of Trustees may lend or transfer any picture or other work of art to the other. (2)The said two bodies of Trustees shall from time to time consult together to consider whether any loans or transfers should be made under this section; and in exercising their powers under this section the said two bodies of Trustees shall have regard to the desirability— (a)of maintaining in the National Gallery a collection of pictures of established merit or significance, (b)of maintaining in the Tate Gallery a collection of British pictures and a collection of modern pictures, and (c)of securing that each picture is in that collection where it will be available and on view in the best context. (3)Any dispute between the said two bodies of Trustees as to how their powers under this section should be exercised shall be referred to a committee constituted in accordance with the next following subsection who, in deciding the dispute, shall have regard to the principles laid down in subsection (2) of this section; and it shall be the duty of the said two bodies of Trustees to give effect to any decision of the committee on the reference of a dispute. (4)The committee shall consist of— (a)a chairman appointed by the Treasury after consultation with both bodies of Trustees, (b)the director of the National Gallery and the director of the Tate Gallery, and (c)two persons to be nominated by each of the said two bodies of Trustees from among themselves;and neither of those directors nor any of those Trustees shall be qualified to be appointed, or to act as, chairman of the Committee. 3Allocation of gifts and bequests (1)Where any picture or other work of art would, apart from this section, have vested under section three of the National Gallery Act, 1856 (which relates to gifts or bequests where the donor or testator has made no special provision) in the National Gallery Trustees (subject, in the case of a bequest, to the Trustees' power of selection under the proviso to that section), the Treasury may direct that that picture or other work of art shall instead vest iii the Tate Gallery Trustees or in one of the institutions listed in the First Schedule to this Act; and thereupon the said power of selection shall be exercisable by the Tate Gallery Trustees or, as the case may be, the institution so nominated by the Treasury. (2)In the proviso to the said section three the references to the director of the National Gallery shall be omitted. (3)The Treasury may by order contained in a statutory instrument add any institution in the United Kingdom to those listed in the First Schedule to this Act and the reference in the foregoing subsection to that Schedule shall be construed accordingly. (4)A draft of any order under this section shall be laid before Parliament and the Treasury shall not make the order unless the draft has been approved by a resolution of each House of Parliament. 4Powers of lending exercisable by National Gallery Trustees and Tate Gallery Trustees (1)Subject to the provisions of this section, the National Gallery Trustees and the Tate Gallery Trustees shall respectively have power to lend pictures or other works of art vested in them— (a)for public exhibition, whether in the United Kingdom or elsewhere; or (b)for display— (i)in a public building or official residence in the United Kingdom or elsewhere for the furnishing of which the Minister of Works is responsible; or (ii)in the official residence of the Governor of a colony. (2)The said Trustees shall not lend for exhibition or display outside the United Kingdom a picture or other work of art which appears to them to have been executed by a foreign artist before the year seventeen hundred unless the loan has been approved by an order of the Treasury contained in a statutory instrument; and a draft of any such statutory instrument shall be laid before Parliament. (3)The number of paintings or other works of art which are at any time on loan under paragraph (b) of subsection (1) of this section shall not exceed— (a)in the case of the National Gallery, one-twentieth of the total number of works of art then vested in the Trustees of that Gallery, and (b)in the case of the Tate Gallery, one-tenth of the total number of works of art then vested in the Trustees of that Gallery,but the Treasury may from time to time by order increase or reduce either of the fractions mentioned in the foregoing paragraphs. An order under this subsection shall be made by statutory instrument a draft of which has been laid before Parliament, and an order increasing either of the said fractions shall not be made unless the draft has been approved by a resolution of each House of Parliament. (4)A loan under paragraph (b) of subsection (1) of this section shall require the consent of the Treasury and shall be effected through the Minister of Works. (5)Before lending a picture or other work of art under this section, the Trustees shall satisfy themselves— (a)that, taking account of its age and material, and, in the case of a picture, of the atmospheric conditions under which it has been kept, it is proper to expose it to the atmospheric changes, vibration and other ordinary incidents attending its removal, and (b)that it will not be exposed to any unnecessary or exceptional hazards,and the Trustees shall have particular regard to those considerations in determining the time for which, and conditions subject to which, the loan is made. (6)It shall be the duty of the authority responsible for any picture or other work of art while it is displayed under this section in any public building or official residence to afford reasonable opportunities of viewing the picture or other work of art to any applicant who satisfies them that he is a student or engaged in research and that the application is made for the purpose of his studies or researches. (7)In the case of a picture or other work of art which has been given or bequeathed, the powers conferred by this section shall not be exercisable— (a)until fifteen years have elapsed since the date on which the property passed to the nation, unless the donor or his personal representatives or the personal representatives of the testator, as the case may be, have consented to the exercise of those powers; or (b)in any manner inconsistent with any condition attached to the gift or bequest unless either twenty-five years have elapsed since the said date, or the donor or his personal representatives or the personal representatives of the testator, as the case may be, have consented to the exercise of those powers in that manner. (8)In this section the expression " colony " includes a protectorate or protected State within the meaning of the British Nationality Act, 1948, and a United Kingdom trust territory as defined in that Act, and the expression " Governor " has the same meaning as in that Act. (9)The provisions of this section shall be in substitution for the provisions of the National Gallery (Loan) Act, 1883, and the National Gallery (Overseas Loans) Act, 1935; but nothing in this subsection shall affect the terms of any loan made before the coming into operation of this Act. 5Powers to transfer works of art from Tate Gallery for display elsewhere (1)The Tate Gallery Trustees shall have power to transfer a picture or other work of art vested in them to any institution listed in the First Schedule to this Act. (2)In the case of a picture or other work of art which has been given or bequeathed, the powers conferred by this section shall not be exercisable in any manner inconsistent with the gift or bequest unless, in the case of a gift, the donor has consented to the exercise of those powers in that manner; and where a picture or other work of art transferred under this section was subject to any trust or condition in the hands of the Tate Gallery Trustees, it shall be subject to the like trust or condition in the hands of the transferees. (3)The reference in this section to an institution listed in the First Schedule to this Act includes a reference to any institution added to that Schedule under section three of this Act. 6Abrogation of power to sell works of art in National Gallery The power conferred on the National Gallery Trustees by section one of the National Gallery Act, 1856, to sell pictures and other works of art shall cease to have effect. 7National Gallery collection to be vested in the Trustees without their director References to the National Gallery Trustees in section one of this Act shall be taken as references to those Trustees together with the director of the National Gallery but, subject to the provisions of that section, any pictures or other works of art which, immediately before the date of the coming into operation of this Act, were vested in the National Gallery Trustees together with the said director shall on the said date vest in those Trustees alone. 8Short title, repeals and commencement (1)This Act may be cited as the National Gallery and Tate Gallery Act, 1954. (2)The enactments set out in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. (3)This Act shall come into operation on such date as the Treasury may by order contained in a statutory instrument appoint. ### 1Civil defence training for part-time National Servicemen, etc. (1)The Civil Defence Act, 1948, shall have effect as if the functions of the designated Minister which are specified in paragraphs (a) to (e) of subsection (1) of section one of that Act included the making of arrangements for the provision of training in civil defence for persons serving their term of part-time service under the National Service Act, 1948, or any class of such persons to whom the arrangements relate; and the training which such persons may under that Act be required to undergo shall include training provided in pursuance of the arrangements. (2)The arrangements referred to in the foregoing subsection may provide for the training in civil defence of members of the armed forces of the Crown other than such persons as aforesaid. (3)In section ten of the Crown Proceedings Act, 1947 (which relates to actions of tort in respect of injury to members of the armed forces of the Crown) the references to use for the purposes of the armed forces of the Crown shall include references to use for the purpose of training in civil defence in pursuance of such arrangements as aforesaid. (4)Any increase attributable to this section in the sums payable out of moneys provided by Parliament under section seven of the Civil Defence Act, 1948, shall be defrayed out of moneys so provided; and the said arrangements may provide for the reimbursement by the designated Minister, out of such moneys, of such amounts as the Treasury may determine in respect of the pay of, and other expenses incurred on account of, members of the naval, military or air forces receiving training under the arrangements referred to in subsection (1) of this section, being amounts which would otherwise fall to be met out of moneys provided by Parliament for navy, army or air force services. Duties of armed forces include civil defence and training therefor. 2It is hereby declared that the duties which members of the armed forces of the Crown may be called upon to undertake as members of those forces include civil defence and the undergoing of training therein, and nothing in the provisions of this Act shall be construed as limiting the generality of this section. 3Short title and interpretation. (1)This Act may be cited as the Civil Defence (Armed Forces) Act, 1954. (2)In this Act the expression " civil defence " includes any measures not amounting to actual combat for affording defence against any form of hostile attack by a foreign power or for depriving any form of hostile attack by a foreign power of the whole or part of its effect, whether the measures are taken before, at or after the time of the attack, and the expression " designated Minister " has the same meaning as in the Civil Defence Act, 1948. ### 1Rabbit clearance areas (1)The Minister of Agriculture and Fisheries may make orders (in this Act referred to as " rabbit clearance orders ") designating areas as rabbit clearance areas to be freed, so far as practicable, of wild rabbits, and providing for or regulating the steps to be taken for that purpose, and may by a subsequent order vary or revoke any such order. (2)The occupier of any land in a rabbit clearance area shall take such steps as may from time to time be necessary for the killing or taking of wild rabbits living on or resorting to the land and, where it is not reasonably practicable to destroy the wild rabbits living on any part of the land, for the prevention of damage by those rabbits, and shall in particular comply with any directions contained in the rabbit clearance order as to the steps to be so taken or as to the time for taking them. (3)Nothing in the foregoing provisions of this section, or in any order thereunder, shall confer on the occupier of land in a rabbit clearance area any additional right to authorise persons to kill rabbits on the land with firearms. (4)The Minister of Agriculture and Fisheries may, on the application of the occupier of any land in a rabbit clearance area, sanction the authorisation by the occupier of such number of persons as the Minister thinks reasonable to kill rabbits on the land with firearms, in addition to any person so authorised in pursuance of section one of the Ground Game Act, 1880, if the Minister is satisfied— (a)that the circumstances of the case make necessary a greater use of firearms than the occupier has the right to authorise; (b)that the occupier has attempted to obtain the sanction of the persons having, apart from the said Act, the right to kill and take rabbits on the land ; and (c)that their sanction has been unreasonably withheld;and the provisions of section one of the said Act with regard to the production by persons authorised by the occupier of the documents by which they are so authorised shall apply to any person authorised in pursuance of any such sanction as aforesaid as they apply to persons authorised in pursuance of that section. (5)For the purposes of the last foregoing subsection, persons having the right to kill or take rabbits on any land shall not be treated as having unreasonably withheld the sanction referred to, if, in so far as the use of firearms is required, they are themselves taking or proposing to take adequate steps for the destruction of the wild rabbits on the land. (6)The making of a rabbit clearance order shall not prevent the giving in relation to land in the rabbit clearance area of notices under section ninety-eight of the Agriculture Act, 1947 (under which the persons having the right to do so may be required to kill, take or destroy animals or birds to which the section applies and the eggs of such birds), and as respects rabbits a notice may be given under that section to the occupier of any such land, whether or not he has the right apart from the notice to take the steps required by it. (7)A person who is duly authorised by the occupier of land in a rabbit clearance area to kill or take rabbits on the land for the purpose of complying with any requirement imposed on the occupier under or by virtue of this section, and who acts in accordance with that authorisation, shall not thereby commit an offence under any enactment relating to the unlawful destruction or pursuit of game. (8)Any person authorised by the Minister of Agriculture and Fisheries in that behalf shall have power at all reasonable times to enter on and inspect any land for the purpose of determining whether, and if so in what manner, the powers conferred by this section are to be exercised in relation to the land, or whether, and if so in what manner, any requirement imposed under this section has been complied with. (9)Section one hundred and subsections (2) to (7) of section one hundred and six of the Agriculture Act, 1947 (which contain supplementary provisions relating to section ninety-eight of that Act and to the exercise of powers of entry conferred by that Act), shall apply in relation to the foregoing provisions of this section as they would apply if those provisions were contained in the said section ninety-eight; and a rabbit clearance order may, as respects rabbits, include any such directions as are authorised by subsection (3) of the said section one hundred (which relates to the keeping or disposal of animals killed or taken under the said section ninety-eight). (10)Any order under this section shall be published in such manner as the Minister of Agriculture and Fisheries thinks fit, and he shall take such steps as he thinks reasonable for the purpose of bringing the purport of it to the notice of persons likely to be affected by it and of enabling them to purchase copies of it. (11)Before making an order under this section with respect to any area, the Minister of Agriculture and Fisheries— (a)shall (unless he is satisfied that compliance with this requirement would be unreasonable in the circumstances of the case) consult such persons as appear to him to be representative of the interests in the area of farmers, owners of agricultural land, and workers employed in agriculture and of the forestry interests, if any, in the area; (b)shall give notice of the proposal to make the order in such a manner as he thinks reasonable for the purpose of informing the persons interested in any land in the area. (12)Any notice under paragraph (b) of the last foregoing subsection shall indicate the nature of any directions proposed to be included in the order with regard to the steps to be taken under it, and shall specify a time (not being less than fourteen days) within which persons interested in any land in the area in question may make representations in writing to the Minister with respect to the proposals ; and any order made in pursuance of the notice may give effect to the proposals either without modifications or with such modifications as appear to the Minister desirable having regard to any representations made to him. (13)In this section, and in section one hundred and six of the Agriculture Act, 1947, the expression " occupier " shall, in relation to unoccupied land, mean the person entitled to occupy the land. (14)In the application of this section to Scotland'— (a)for references to the Minister of Agriculture and Fisheries there shall be substituted references to the Secretary of State; (b)for references to sections ninety-eight, one hundred and one hundred and six of the Agriculture Act, 1947, there shall respectively be substituted references to sections thirty-nine, forty-one and eighty-two of the Agriculture (Scotland) Act, 1948, except that the first reference in subsection (9) of this section to section one hundred of the Agriculture Act, 1947, shall include a reference to section fifty-three, as well as to section forty-one, of the Agriculture (Scotland) Act, 1948. 2Extension of power to require or assist in preventive measures (1)At the end of section ninety-eight of the Agriculture Act, 1947, there shall be added a new subsection (7), as follows:— “(7)Where it appears to the Minister of Agriculture and Fisheries expedient for the purpose of preventing damage by rabbits to crops, pasture, trees, hedges, banks or any works on land, he may by notice in writing served on the occupier of any land (or, in the case of unoccupied land, the person entitled to occupy it) require him to take on the land, within the time specified in the notice, such steps as may be so specified to destroy or reduce the breeding places or cover for rabbits or to exclude rabbits therefrom, or to prevent the rabbits living in any place on the land from spreading to or doing damage in any other place; but every such notice shall specify a time within which the occupier or any person interested in the land may submit to the Minister written objections to the notice, and shall be provisional only and of no effect, unless confirmed after the expiration of that time by a further notice in writing served on the occupier of the land ; and, where the occupier holds the land under a contract of tenancy, a, copy of any notice under this subsection shall be served on any person to whom the occupier pays rent under the tenancy. A provisional notice under this subsection may be confirmed either without modifications or with such modifications as appear to the Minister desirable having regard to any objections submitted to him.and at the end of section thirty-nine of the Agriculture (Scotland) Act, 1948, there shall be added a new subsection (5) in the same terms, except that for any reference to the Minister of Agriculture and Fisheries there shall be substituted a reference to the Secretary of State.”; (2)The purposes for which the Minister of Agriculture and Fisheries or the Secretary of State may exercise his powers under section one hundred and one of the Agriculture Act, 1947, or section forty-two of the Agriculture (Scotland) Act, 1948 (under which he may provide services, equipment, etc. for the purpose of assisting in the destruction of pests), shall include the rendering of assistance in destroying or reducing breeding places or cover for rabbits or in excluding rabbits therefrom, or in preventing the rabbits living in any place from spreading to or doing damage in any other place. 3Extension of power to contribute to cost of destruction or preventive measures (1)The Minister of Agriculture and Fisheries may with the approval of the Treasury make contributions towards the expenses incurred or to be incurred by any person in killing, taking or destroying animals or birds to which section ninety-eight of the Agriculture Act, 1947, applies or the eggs of such birds, in destroying or reducing breeding places or cover for rabbits or in excluding rabbits therefrom, or in preventing the rabbits living in any place from spreading to or doing damage in any other place. (2)This section shall apply to Scotland with the substitution for the references to the Minister of Agriculture and Fisheries and to section ninety-eight of the Agriculture Act, 1947, of references to the Secretary of State and to section thirty-nine of the Agriculture (Scotland) Act, 1948. 4Provisions for facilitating giving of notices (1)The Minister of Agriculture and Fisheries or the Secretary of State, for the purpose of enabling him to perform his functions under section ninety-eight of the Agriculture Act, 1947, or section thirty-nine of the Agriculture (Scotland) Act, 1948, may require any person who is the occupier of any land, or who appears to the Minister or Secretary of State to have an interest in any land, or who directly or indirectly receives rent in respect of any land, to state in writing the nature of his own interest in the land, and the name and address of any other person known to him as having an interest in it, or as having the right to kill on the land any animals or birds to which that section applies. (2)Any person who, having been required under the foregoing subsection by the Minister of Agriculture and Fisheries or the Secretary of State to give him any information, fails to give that information, or knowingly makes any misstatement in respect of it, shall be liable on summary conviction to a fine not exceeding five pounds. (3)Subsection (5) of section forty-one of the Agriculture (Scotland) Act, 1948 (which provides that notices under section thirty-nine or forty of the said Act may in certain circumstances be served on the agent or servant of the owner or occupier of land), shall have effect as if for the words " control of the farming of the land " appearing therein there were substituted the words “control of the management or farming, as the case may be, of the land in question”. 5Penalty for obstruction of default powers (1)Subsection (7) of section one hundred and six of the Agriculture Act, 1947 (which makes it an offence to obstruct the exercise of any power of entry conferred by that Act, but not the exercise, after entry, of the default powers conferred by section one hundred of the Act), shall be amended by substituting for the words “obstructs any person authorised by the Minister or a smallholdings authority exercising any such power as aforesaid”the words " obstructs the exercise of any such power as aforesaid or of any other power conferred by subsection (2) of section one hundred of this Act". (2)Subsection (7) of section eighty-two of the Agriculture (Scotland) Act, 1948 (which makes it an offence to obstruct the exercise of any power of entry conferred by that Act, but not the exercise, after entry, of the default powers conferred by section forty-one of the Act), shall be amended by substituting for the words “obstructs any person authorised by the Secretary of State exercising any such power as aforesaid”the words " obstructs the exercise of any such power as aforesaid or of any other power conferred by subsection (2) of section forty-one of this Act". (3)Subsection (4) of section twenty-two of the Prevention of Damage by Pests Act, 1949 (which makes it an offence to Obstruct the exercise of the powers of entry conferred by that section, but not the exercise, after entry, of the default powers conferred by sections five, six and sixteen of that Act), shall be amended by substituting for the words “obstructs a person acting in the exercise of his powers under this section”the words " obstructs the exercise of (powers conferred by this section or by section five, subsection (1) of section six or subsection (1) of section sixteen of this Act". 6Charges for inspection of ships An Order in Council under section twenty-three of the Prevention of Damage by Pests Act, 1949 (which provides for the application of the Act to vessels or aircraft by Order in Council), may authorise a port health authority or, in Scotland, a local authority within the meaning of the Public Health (Scotland) Act, 1945, or a port local authority within the meaning of section one hundred and seventy-two of the Public Health (Scotland) Act, 1897, to make and recover charges for any inspection of a vessel made by an officer of the authority for the purposes of any such Order in Council. 7Expenses and receipts of Ministers (1)There shall be paid out of moneys provided by Parliament any expenses incurred by the Minister of Agriculture and Fisheries or the Secretary of State by virtue of this Part of this Act. (2)There shall be paid into the Exchequer any sums received by or on behalf of the Minister of Agriculture and Fisheries or the Secretary of State— (a)under subsection (2) of section one hundred of the Agriculture Act, 1947, or subsection (2) of section forty-one of the Agriculture (Scotland) Act, 1948, as applied or extended by section one or subsection (1) of section two of this Act; or (b)under section one hundred and one of the Agriculture Act, 1947, or section forty-two of the Agriculture (Scotland) Act, 1948, as extended by subsection (2) of section two of this Act. Part II Amendment of law as to use of spring traps and as to spreading myxomatosis 8Restriction on type of trap in England and Wales (1)Subject to the provisions of this section, a person shall be guilty of an offence under this subsection if, after the appointed day, either— (a)for the purpose of killing or taking animals, he uses, or knowingly permits the use of, any spring trap other than an approved trap, or uses, or knowingly permits the use of, an approved trap for animals or in circumstances for which it is not approved; or (b)he sells, or exposes or offers for sale, any spring trap other than an approved trap with a view to its being used for a purpose which is unlawful under the foregoing paragraph; or (c)he has any spring trap in his possession for a purpose which is unlawful under this subsection. (2)A person guilty of an offence under the foregoing subsection shall be liable on summary conviction to a fine not exceeding twenty pounds or, if he has been previously convicted of such an offence, a fine not exceeding fifty pounds. (3)In subsection (1) of this section any reference to an approved trap refers to a trap of a type and make for the time being specified by order of the Minister of Agriculture and Fisheries as approved by him either generally or subject to conditions as to the animals for which or the circumstances in which it may be used, and any reference to the animals or circumstances for which a trap is approved shall be construed accordingly. (4)Paragraph (a) of subsection (1) of this section shall not render unlawful the experimental use of a spring trap under and in accordance with a licence or authority given by the Minister of Agriculture and Fisheries to enable a trap to be developed or tested with a view to its being approved under the last foregoing subsection. (5)Subsection (1) of this section shall not apply to traps of any description specified by order of the Minister of Agriculture and Fisheries as being adapted solely for the destruction of rats, mice or other small ground vermin. (6)The appointed day for the purposes of subsection (1) of this section shall be the thirty-first day of July, nineteen hundred and fifty-eight :Provided that the Minister of Agriculture and Fisheries— (a)may by order appoint a day earlier than the said thirty-first day of July (but not earlier than two years after the date of the order); or (b)if no order has been made under the foregoing paragraph, may from time to time by order postpone the appointed day for a period (or further period) of one year;but no order shall be made under paragraph (b) of this proviso, unless a draft of it has been laid before Parliament two years or more before the day for the time being appointed and has been approved by resolution of each House of Parliament. (7)Any order under this section (other than an order made under the last foregoing subsection) may be varied or revoked by a subsequent order of the Minister of Agriculture and Fisheries. (8)The power of the Minister of Agriculture and Fisheries to make orders under this section shall be exercisable by statutory instrument which, in the case of an order made under subsection (5) or varying or revoking an order so made, shall be subject to annulment by resolution of either House of Parliament. (9)This section applies to England and Wales, but not to Scotland. 9Open trapping of hares and rabbits in England and Wales (1)Subject to the provisions of this section, a person shall be guilty of an offence under this subsection if, for the purpose of killing or taking hares or rabbits, he uses, or knowingly permits the use of, a spring trap elsewhere than in a rabbit hole. (2)A person guilty of an offence under the foregoing subsection shall be liable on summary conviction to a fine not exceeding twenty pounds or, if he has been previously convicted of such an offence or of an offence under section five of the Prevention of Damage by Rabbits Act, 1939, a fine not exceeding fifty pounds. (3)Subsection (1) of this section shall not render unlawful the use of spring traps in such circumstances and subject to such conditions as may be prescribed by regulations made by statutory instrument by the Minister of Agriculture and Fisheries, or their use under and in accordance with a licence given by him. (4)A licence under this section— (a)may be embodied in a rabbit clearance order under this Act, or in a notice given under section ninety-eight of the Agriculture Act, 1947 ; and (b)whether so embodied or not, may be revoked by the Minister (in whole or in part) by giving notice of the revocation in such manner as he thinks sufficient to inform the persons concerned. (5)This section applies to England and Wales, but not to Scotland. 10Amendment of Agriculture (Scotland) Act, 1948, as to spring traps The following sections shall be substituted for section fifty of the Agriculture (Scotland) Act, 1948 (which regulates the use of firearms and spring traps for the purpose of killing hares or rabbits):— “Prohibition of night shooting, and use of spring traps. 50(1)Subject to the (provisions of this section, a person shall be guilty of an offence under this subsection if— (a)between the expiration of the first hour after sunset and the commencement of the last hour before sunrise, he uses a firearm for the purpose of killing hares or rabbits; or (b)for the purpose of killing or taking animals, he uses, or knowingly permits the use of, any spring trap other than an approved trap, or uses, or knowingly permits the use of, an approved trap for animals or in circumstances for which it is not approved ; or (c)he sells, or exposes or offers for sale, any spring trap other than an approved trap with a view to its being used for a purpose which is unlawful under the last foregoing paragraph; or (d)he has any spring trap in his possession for a purpose which is unlawful under this subsection. (2)A person guilty of an offence under the foregoing subsection shall be liable on summary conviction to a fine not exceeding twenty pounds or, if he has been (previously convicted of such an offence, a tine not exceeding fifty pounds. (3)In this section any reference to an approved trap refers to a trap of a type and make for the time being specified by order of the Secretary of State as approved by him either generally or subject to conditions as to the animals for which or the circumstances in which it may be used, and any reference to the animals or circumstances for which a trap is approved shall be construed accordingly. (4)Subject to the provisions of the next following subsection, the Secretary of State may from time to time by order authorise the use, for the purpose of killing or taking animals, of spring traps other than approved traps, and such authority may be granted— (a)either generally or subject to such conditions as to the animals for which or the circumstances in which such traps may be used as may be specified in the order; (b)either as respects all land in Scotland, or as respects the land in any county or any part of a county, or as respects any particular land or class of land, as may be so specified;and paragraph (b) of subsection (1) of this section shall not render unlawful the use of a spring trap under such an authority. (5)The Secretary of State may.— (a)if he is satisfied, having regard to the quantities of approved traps available at reasonable prices and to such other considerations as seem to him relevant, that it is expedient to do so, by order withdraw any authority granted under the last foregoing subsection; (b)when he is satisfied that the power to grant authorities under the said subsection is no longer necessary, by regulation withdraw all subsisting authorities granted under that subsection;and after such regulation has been made it shall not be lawful for the Secretary of State, unless the regulation is revoked under subsection (1) of section five of the Statutory Instruments Act, 1946, to grant an authority under the last foregoing subsection. (6)Paragraph (b) of subsection (1) of this section shall not render unlawful the experimental use of a spring trap under and in accordance with a licence given by the Secretary of State to enable a trap to be developed or tested with a view to its being approved under subsection (3) of this section. (7)Subsection (1) of this section shall not apply to spring traps of any description specified by order of the Secretary of State as being adapted solely for the destruction of rats, mice or other small ground vermin. (8)The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument which, in the case of an order made under the last foregoing subsection, shall be subject to annulment by resolution of either House of Parliament. 50A(1)Subject to the provisions of this section, a person shall be guilty of an offence under this subsection if, for the purpose of killing or taking hares or rabbits, he uses, or knowingly permits the use of, a spring trap elsewhere than in a rabbit hole. (2)A person guilty of an offence under the foregoing subsection shall be liable on summary conviction to a fine not exceeding twenty pounds or, if he has been previously convicted of such an offence, a fine not exceeding fifty pounds. (3)Subsection (1) of this section shall not render unlawful the use of spring traps under and in accordance with a licence given by the Secretary of State. (4)A licence under this section— (a)may be embodied in a rabbit clearance order under the Pests Act, 1954, or in a notice given under subsection (1) of section thirty-nine of this Act; and (b)whether so embodied or not, may be revoked by the Secretary of State (in whole or in part) by giving notice of the revocation in such manner as he thinks sufficient to inform the persons concerned.” 11Amendment of s. 85 (3) of Agriculture (Scotland) Act, 1948 After subsection (3) of section eighty-five of the Agriculture (Scotland) Act, 1948 (which provides that any power conferred by that Act to make an order shall include a power to revoke or vary the order) there shall be inserted the following proviso:— “Provided that in relation to the power of the Secretary of State to make orders under subsection (4) of section fifty of this Act this subsection shall have effect subject to the provisions of subsection (5) of the said section fifty. 12Spreading of myxomatosis A person shall be guilty of an offence if he knowingly uses or permits the use of a rabbit infected with myxomatosis to spread the disease among uninfected rabbits and shall be liable on summary conviction to a fine not exceeding twenty pounds or, if he has been previously convicted of such an offence, a fine not exceeding fifty pounds: Provided that this section shall not render unlawful any experiment duly authorised under the Cruelty to Animals Act, 1876. Part III Supplementary 13Construction of references to enactments Any reference in this Act to any previous enactment shall, except in so far as the contrary intention appears, be construed as a reference to that enactment as amended, extended or applied by any subsequent enactment, including this Act. 14Extent Nothing in this Act extends to Northern Ireland. 15Short title and repeal (1)This Act may be cited as the Pests Act, 1954. (2)The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. ### 1General duties of mine and quarry owners (1)It shall be the duty of the owner of every mine and quarry to make such financial and other provision and take such other steps as may be necessary to secure— (a)that the mine or quarry is managed and worked in accordance with the provisions in that behalf of this Act, orders made thereunder and regulations and is so planned and laid out as to enable that (purpose to be readily secured; and (b)that all other provisions of this Act, orders made thereunder and regulations and all requirements imposed under this Act, orders made thereunder and regulations are, so far as applicable to the mine or quarry, duly complied with;and, in particular, but without prejudice to the generality of the foregoing words, to give, to any person appointed by him for the purpose of securing the fulfilment, in relation to the mine or quarry, of statutory responsibilities of his with respect to any matters, written instructions defining the matters with respect to which that person is charged with securing the fulfilment of those responsibilities. (2)Forthwith after the giving by the owner of a mine or quarry, to a person appointed by him for the purpose aforesaid, of such instructions as aforesaid, the owner shall send a copy of the instructions to the inspector for the district and to the manager of the mine or, as the case may be, the manager of the quarry or (where there is more than one manager thereof) each of them. Part II Management and Control (Mines) Managers and Under-managers 2Appointment, and general duties and powers, of mine managers (1)Subject to the following provisions of this Act, no mine shall be worked unless there is a sole manager of the mine, being an individual duly appointed and having such qualifications (if any) as are required by or by virtue of the said provisions. (2)The manager of a mine shall have the management and control of the mine, exercisable subject to any instructions given to him by or on behalf of the owner thereof, and shall also— (a)have the duty of securing the discharge by all others of obligations imposed on them with respect to the mine by or by virtue of the following provisions of this Act; and (b)have such duties with respect to the appointment of persons to carry out inspections of the mine and to be in charge of, or to supervise or conduct, operations thereat, and such other duties, and such powers, as are imposed or conferred on him by or by virtue of the following provisions of this Act. (3)The manager of a mine shall be appointed by the owner thereof who, if an individual, may appoint himself subject, in the case of a mine whereof the manager is by or by virtue of the following provisions of this Act required to hold qualifications for his office, to the possession by the owner of those qualifications. 3Rights of mine manager with respect to instructions given by or on behalf of owner (1)Any instructions given to the manager of a mine by or on behalf of the owner thereof, being instructions affecting the fulfilment, in relation to the mine, by the manager of statutory responsibilities of his, shall, so far as they are not written, be confirmed in writing by the person by whom they were given forthwith after the making of a request in that behalf by the manager. (2)Except in a case of emergency, neither the owner of a mine nor a person acting on his behalf shall, except with the consent of the manager of the mine, give, otherwise than through the manager, any instructions to a person employed at the mine who is responsible to the manager; and where the owner of a mine or a person acting on his behalf gives, in either of the said excepted cases, instructions which, apart from the exception, would be required to be given through the manager of the mine, the person who gave the instructions shall, forthwith after he has given them, inform the manager of the substance thereof and, if requested so to do by the manager, confirm them in writing forthwith after the making of the request. The foregoing provisions of this subsection shall not apply to any instructions given by an under-manager of a mine or a person appointed by the manager of a mine in pursuance of this Act or regulations. (3)Where, in the case of a mine whereof the manager is by or by virtue of the following provisions of this Act required to hold qualifications for his office, instructions are given by or on behalf of the owner of the mine to the manager of the mine, an under-manager thereof or a person appointed by the manager in pursuance of this Act or regulations, then, if the manager is of opinion that the execution of the instructions would or might be likely to prejudice the safety or health of the persons employed at the mine (or any of them) or to impede him in the discharge, in relation to the mine, of any duty imposed on him by or by virtue of this Act, he may,— (a)in a case where the instructions are given to him, decline to execute them until they are confirmed in writing by a person qualified for appointment as manager of the mine who is authorised in writing by the owner of the mine to confirm instructions given as aforesaid; (b)in any other case, direct that the instructions be not executed until they are so confirmed by such a person. The foregoing provisions of this subsection shall not apply to instructions given by an owner of a mine who is an individual or by such a person as is mentioned in paragraph (a) of this subsection. (4)Where, in the case of such a mine as is mentioned in the last foregoing subsection, instructions are given and confirmed as therein mentioned, the document by which they are confirmed shall be preserved by the manager of the mine, and a copy of that document shall be preserved by the owner of the mine, in each case for three years after the instructions cease to be operative. 4Qualifications of mine managers (1)No person shall be qualified to be appointed or to be the manager of a mine of coal, stratified ironstone, shale or fireclay at which more than thirty persons are employed below ground unless he is the holder of a first-class certificate of competency valid with respect to the mine, has attained the age of twenty-six years and satisfies such other conditions (if any) as may be prescribed. (2)No person shall be qualified to be appointed or to be the manager of a mine of coal, stratified ironstone, shale or fireclay at which more than fourteen but not more than thirty persons are employed below ground— (a)except in a case falling within paragraph (b) of this subsection, unless he is the holder of a first-class or second-class certificate of competency valid with respect to the mine, has attained the age of twenty-three years and satisfies such other conditions (if any) as may be prescribed; (b)in a case where there is for the time being in force a direction, given by an inspector by notice served on the owner of the mine, that this paragraph shall apply to the mine, unless he is the holder of a first-class certificate of competency valid with respect to the mine, has attained the age of twenty-six years and satisfies such other conditions (if any) as may be prescribed:Provided that an inspector may, by notice served on the owner of any such mine as aforesaid, exempt the mine from the provisions of this subsection. (3)In the case of a mine of coal, stratified ironstone, shale or fireclay at which not more than fourteen persons are employed below ground, an inspector may by notice served on the owner of the mine direct that this subsection shall apply to the mine and, while the direction remains in force, no person shall be qualified to be appointed or to be the manager of the mine unless he is the holder of a first-class or second-class certificate of competency valid with respect to the mine, has attained the age of twenty-three years and satisfies such other conditions (if any) as may be prescribed. (4)Regulations may direct, or empower an inspector to direct, that no person shall be qualified to be appointed or to be the manager of a mine other than of coal, stratified ironstone, shale or fireclay unless he satisfies such conditions as may be prescribed. 5Limitation on number of mines which a person may manage (1)No person shall, without the approval of an inspector, be manager of more than one mine unless— (a)the total number of persons employed at all the mines of which he is manager does not exceed one thousand ; and (b)the surface entrances to all the shafts and outlets for the time being in use at all such mines lie within a circle whose radius is two miles. (2)Where a person is manager of two or more mines and it appears to an inspector that by reason thereof the fulfilment, in relation to those mines or any of them, by that person of statutory responsibilities of his is prejudiced, the inspector may serve on the owner of each of the mines of which the first-mentioned person is manager a notice directing that the person who is the manager of such of those mines as may be specified in the notice shall not also be the manager of the others or of such of them as may be so specified. 6Under-managers (1)For any mine there may be one or more under-managers and (subject to the following provisions of this section and to the following provisions of this Act) in the case of— (a)a mine which, by virtue of the foregoing provisions of this Act, cannot lawfully be worked unless the manager thereof is none other than the holder of a first-class certificate of competency, being a mine whereof the manager is also the manager of another mine; and (b)a mine (other than one falling within the foregoing paragraph), being a mine with respect to which there is for the time being in force a direction, given by an inspector by notice served on the owner of the mine, that, on the ground of the size or condition of the mine or the system of working it being such as, in the opinion of the inspector, to render it inexpedient that it should be worked unless there is at least one under-manager, this paragraph shall apply to the mine;the mine shall not be worked unless there is at least one under-manager. (2)If an inspector is satisfied with respect to any such mine as is mentioned in paragraph (a) of the foregoing subsection that it is unnecessary to require the appointment of an under-manager for the mine, he may, by notice served on the owner of the mine, direct that so much of that subsection as prohibits the mine's being worked without there being at least one under-manager shall not have effect with respect to the mine. (3)The jurisdiction of an under-manager of a mine may be limited to part of the mine, but a mine file working whereof is unlawful unless there is at least one under-manager shall not be worked unless every part thereof below ground is within the jurisdiction of the under-manager or (where there are two or more under-managers) some one of them. (4)It shall be the duty of an under-manager of a mine, to the extent of his jurisdiction thereover, to supervise all operations carried on thereat and, to the best of his ability, to execute and enforce with respect to the mine the provisions of this Act, orders made thereunder and regulations. (5)No mine of coal, stratified ironstone, shale or fireclay (being a mine which, by virtue of the foregoing provisions of this Act, cannot lawfully be worked unless the manager thereof is none other than the holder of a first-class certificate of competency) shall be worked so long as a person is under-manager thereof who does not satisfy the following conditions, namely, that he is the holder of a first-class or second-class certificate of competency valid with respect to the mine, that he has attained the age of twenty-three years and that he satisfies such other conditions (if any) as may be prescribed ; and provision may be made by regulations for requiring that no mine (other than as aforesaid) shall be worked so long as a person is under-manager thereof who does not satisfy such conditions as may be prescribed. (6)An under-manager of a mine shall be appointed by the owner thereof. 7Temporary appointments during vacancy in office of mine manager or under-manager (1)Where, by reason of death, resignation or other cause, a vacancy occurs in the office of manager of a mine, nothing in section two of this Act shall prevent the mine being worked at any time during a period not exceeding seventy-two days (or such longer period as an inspector may allow) until the vacancy is filled, if at that time there is a person appointed by the owner of the mine to exercise the powers and perform the duties of manager of the mine during a vacancy in the office, being a person who, at that time, is or could be an under-manager of the mine without the working of the mine thereby being rendered unlawful by or by virtue of subsection (5) of the last foregoing section. (2)Where, in the case of a mine the working whereof is unlawful unless there is at least one under-manager, a sole or last surviving under-manager dies, resigns or otherwise ceases to hold office, nothing in the last foregoing section shall prevent the mine being worked at any time during a period not exceeding seventy-two days (or such longer period as an inspector may allow) until the vacancy is filled, if at that time there is a person appointed by the owner of the mine to perform the duties of under-manager thereof in the event of a sole or last surviving under-manager ceasing to hold office, being a person who at that time either could be an under-manager of the mine without the working of the mine thereby being rendered unlawful by or by virtue of subsection (5) of the last foregoing section or has such other qualifications as may be prescribed and has within his jurisdiction every part of the mine below ground. (3)A person appointed by the owner of a mine as mentioned in subsection (1) or (2) of this section shall, so far as regards any period during which he acts in exercise of his appointment, be treated for the purposes of this Act, orders made thereunder and regulations in all respects as if he were the manager of the mine to which the appointment relates or, as the case may be, an under-manager thereof. 8Daily supervision by mine managers and under-managers (1)No mine shall be worked unless daily personal supervision thereover is exercised by the manager thereof or, during any period during which he is absent on leave or is prevented from exercising such supervision by sickness or other cause beyond his control, by a person appointed by the owner of the mine to exercise such supervision during any such period, being a person who is or could be an under-manager of the mine without the working of the mine thereby being rendered unlawful by or by virtue of subsection (5) of section six of this Act:Provided that the foregoing provisions of this subsection shall not authorise the working of a mine by virtue of the exercise of daily personal supervision by a person other than the manager thereof for any period exceeding seventy-two days (or such longer period as an inspector may allow). (2)No such mine as is mentioned in paragraph (a) or (b) of subsection (1) of section six of this Act (not being a mine with respect to which a direction under subsection (2) of that section is in force) shall be worked unless daily personal supervision is exercised by each under-manager thereof or, during any period during which he is absent on leave or is prevented from exercising such supervision by sickness or other cause beyond his control, by a person appointed by the owner of the mine to exercise such supervision during any such period, being a person who either is or could be an under-manager of the mine without the working of the mine thereby being rendered unlawful by or by virtue of subsection (5) of section six of this Act or has such other qualifications as may be prescribed. (3)A person appointed as mentioned in subsection (1) or (2) of this section shall, so far as regards any period during which he acts in exercise of his appointment, be treated for the purposes of this Act, orders made thereunder and regulations in all respects as if he were the manager of the mine to which the appointment relates or, as the case may be, the under-manager thereof in whose place he is acting, so, however, that nothing in the foregoing provisions of this subsection shall be construed as divesting the manager or an under-manager of a mine of any power, or relieving him from any duty or liability, conferred or imposed on him by or by virtue of this Act. 9Charge of mine when neither manager nor under-manager nor substitute is present No mine shall be worked at a time when neither the manager of the mine, nor an under-manager thereof nor a person acting in exercise of an appointment made for the purpose of any of the provisions of the two last foregoing sections is present at the mine unless the mine is in the charge of a competent person appointed by the manager and having such qualifications (if any) as may be prescribed: Provided that nothing in the foregoing provisions of this section shall prevent the working of a mine at a time when no persons are employed thereat below ground. 10Duties of mine managers with respect to reading of reports, and c It shall be the duty of the manager of every mine, with respect to each report, record or other item of information which, in pursuance of this Act or regulations, is entered in a book which by or by virtue of this Act is required to be provided for that purpose by the owner of the mine, either to read it himself forthwith or to secure that it is read forthwith by some other competent person and that there is promptly brought to his notice any matter disclosed by the report, record or other item of information which either is of an abnormal or unusual nature as regards the mine or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the manager or any other person. Surveyors 11Surveyors (1)No mine shall be worked unless there is a surveyor for the mine appointed by the owner thereof and having such qualifications (if any) as may be prescribed:Provided that where by reason of death, resignation or other cause, a vacancy occurs in the office of surveyor for a mine, the foregoing provisions of this subsection shall not prevent the working of the mine for a period not exceeding twenty-eight days (or such longer period as an inspector may allow) until the vacancy is filled. (2)The surveyor for a mine shall have such responsibilities with respect to the preparation of, and otherwise in relation to, plans and other documents required by virtue of the following provisions of this Act to be kept in relation to the mine, and such other responsibilities, as may be imposed on him by virtue of those provisions. Officials and Technicians 12Deputies (1)Provision may be made by regulations— (a)for imposing, in relation to a mine, such requirements with respect to the carrying out, by competent persons appointed for the purpose by the manager of the mine and having such qualifications (if any) as may be prescribed, of inspections of the mine as it may appear to the Minister requisite or expedient to impose for the purpose of securing the safety and health of the workmen employed thereat; (b)for providing that, subject to any exceptions for which provision may be made by the regulations, the persons appointed to discharge at a mine the duties imposed by virtue of the foregoing paragraph shall have the immediate charge of the workmen employed at the mine and of the operations carried on by them thereat; (c)for prescribing any duties to be discharged by the persons so appointed in addition to those imposed on them by virtue of the foregoing paragraphs or by or by virtue of any of the following provisions of this Act, and for requiring that, subject to any exceptions for which provision may be made by the regulations, those persons shall devote the whole of their time to the discharge of the duties prescribed by virtue of this paragraph or imposed as aforesaid; and (d)for requiring or authorising the delimitation in a mine of districts for the purpose of the discharge by the persons so appointed of their duties, for requiring that where, in a mine, districts are delimited for that purpose no one of those persons shall have charge of more than one district and for relating to each district the duties of the person in charge of it;and it shall be the duty of the manager of a mine in relation to which requirements are imposed by virtue of paragraph (a) of this subsection to secure that the number of persons appointed for the purpose of fulfilling those requirements is sufficient to secure the efficient discharge of the duties imposed on those persons. (2)Regulations having effect by virtue of the foregoing subsection shall be so framed as, in the opinion of the Minister, to secure that, in the discharge, by persons appointed for the purpose of fulfilling, in relation to a mine, requirements imposed by virtue of paragraph (a) of that subsection, of duties prescribed by virtue of the other provisions of that subsection, those persons shall give preference to the securing of the safety and health of the workmen employed at the mine over the securing of any other matter. 13Other officials, engineers, technicians, and c (1)It shall be the duty of the manager of every mine to appoint (in addition to any persons appointed by him in pursuance of, or of regulations having effect by virtue of, any provision of this Act other than this subsection) such number of officials, engineers and technicians and other competent persons (if any) as is sufficient (taking into account activities in that behalf which are undertaken in person by the manager of the mine, by any under-manager thereof and by any persons appointed as aforesaid) to secure— (a)the adequate inspection of the mine and the equipment thereof; (b)the thorough supervision of all operations at the mine; and (c)the carrying on of the undertaking of the mine in conformity with the provisions of this Act, orders made thereunder and regulations. (2)Regulations may require the manager of a mine to appoint, for the purpose of supervising, inspecting or conducting at, or in relation to, the mine, such operations or matters as may be prescribed, such officials, engineers or technicians or other competent persons as may be prescribed, and regulations made by virtue of this subsection may prescribe the qualifications to be held and the duties to be discharged by the persons thereby required to be appointed. 14Duty of mine manager to ensure that persons appointed by him understand their duties It shall be the duty of the manager of every mine to ensure to the best of his ability that every person appointed by him in pursuance of the foregoing provisions of this Act or regulations having effect by virtue of any of those provisions understands the nature and scope of any duties which fall to be performed by that person, being either duties imposed by or by virtue of this Act or duties whose performance is undertaken for the purpose of attaining any of the objects mentioned in paragraphs (a) to (c) of subsection (1) of the last foregoing section. Provisions ancillary to foregoing Sections 15Notification to district inspector of appointments by mine owners Forthwith after the appointment by the owner of a mine of a person to be the manager or an under-manager of the mine, to exercise the powers and perform the duties of manager of the mine during a vacancy in the office, to perform the duties of under-manager of the mine in the event of a sole or last surviving under-manager ceasing to hold office, to exercise daily personal supervision during a period during which the manager or an under-manager is absent or unable to exercise such supervision, or to be the surveyor for the mine, the owner shall give to the inspector for the district notice, in such form as may be specified by the Minister, of the making of the appointment and of the name and address of the person appointed and giving such particulars with respect to his qualifications as may be so specified. 16Disqualification of contractors and their employees for appointment as managers, and c, of mines (1)Where a mine or any part thereof is worked, or any operations in a mine are carried on, by a contractor, and a person is by or by virtue of the foregoing provisions of this Act required to hold qualifications for appointment to any office in the mine mentioned in subsection (2) of this section, neither the contractor nor a person employed by him shall be capable of being appointed to that office notwithstanding that, apart from this section, he is qualified for appointment thereto. (2)The offices referred to in the foregoing subsection are those of manager of the mine, under-manager thereof and the office to which duties imposed by virtue of subsection (1) of section twelve of this Act are attached. Plans 17Keeping of plans (1)Provision may be made by regulations for requiring that, in the case of every mine, the manager thereof shall keep at the office at the mine or at such other place as may be approved by an inspector— (a)accurate plans of— (i)all the workings in the mine (whether abandoned or not) or such of them as may be prescribed; and (ii)all other workings (whether abandoned or not) within the boundaries of the mine or within the prescribed distance outside any boundary of the mine (measured from any point on the boundary in a straight line on any plane) or such of those workings as may be prescribed ; (b)accurate sections of the seams or veins for the time being worked in the mine and of all the strata overlying them;being plans or, as the case may be, sections complying with such requirements as are imposed by or by virtue of the next following subsection; and regulations made by virtue of this subsection may require the keeping of separate plans for different seams or veins or for the purpose of showing the system of ventilation in the workings or any other prescribed matter and require that plans be so kept as at any time to disclose the extent of workings delineated thereon both up to a day not earlier than such previous day as may be prescribed and up to a distance from their position at that time not greater than such as may be prescribed. (2)Plans and sections required to be kept by virtue of the foregoing subsection shall be of durable material and be prepared in such form and manner as may be specified by rules made by the Minister and on a scale not less than such as may be so specified, and any such plans (other than any whereof the main purpose is to show matters other than the extent of workings) shall show the position, in relation to objects on the surface, of the workings delineated on the plans and record such information as may be so specified with respect to orientation, contours, boundaries, faults, workings other than those delineated on the plans and any such other matters (whether similar to the matters aforesaid or not) as may be so specified. (3)If, in the case of any mine, it appears to an inspector that any information which, by virtue of the foregoing provisions of this section, is required to be recorded on a plan required to be kept by the manager of the mine cannot be recorded thereon fully and clearly, he may serve on the manager of the mine a notice requiring him to keep at the office at the mine or at such other place as may be approved by an inspector such supplementary plan or drawing specified in the notice as appears to the inspector by whom the notice is served to be requisite for the purpose of recording that information fully and clearly. (4)Regulations may provide— (a)for requiring that plans, sections and drawings which by virtue of this section are required to be kept in the case of a mine, or any prescribed class thereof, shall be prepared by, or under the supervision of, the surveyor for the mine; (b)for requiring, with respect to any such plan, section or drawing as aforesaid which has not been prepared by the surveyor for the mine, that the surveyor or such other person as may be prescribed shall take the prescribed steps for ensuring the accuracy thereof; (c)for imposing upon the surveyor for a mine such duties as may be prescribed with respect to— (i)the preservation and production of any prescribed documents, being documents prepared for the purpose of, or in connection with, the preparation or checking of any of the plans, sections and drawings which by virtue of this section are required to be kept in the case of the mine ; and (ii)the recording of the identity of the person who prepared any such document. 18Furnishing of documents and information requisite for preparation of plans (1)It shall be the duty both of the owner and of the manager of every mine, whether requested so to do or not, to furnish to the surveyor for the mine all such plans, sections, drawings and other documents and information in the possession or under the control of the owner or manager as may be requisite for the purpose of the preparation of any plan, section or drawing which, by virtue of the last foregoing section, is required to be kept in the case of that mine and to accord to the surveyor all such facilities as may be requisite for that purpose; and, in particular, but without prejudice to the generality of the foregoing provisions of this subsection, it shall be the duty of the manager of every mine, forthwith after it is determined to cease to maintain a working therein in an accessible condition, to give to the surveyor for the mine notice of that fact, specifying the working in question. (2)Each of the following persons, namely, the owner of a mine and the manager thereof, shall, if requested so to do by the owner of another mine, furnish to the owner of that other mine or the surveyor therefor any information in the possession of the person to whom the request is made, and permit the owner of that other mine or the surveyor therefor to inspect and take copies of, or extracts from, any plans, sections, drawings or other documents in the possession or under the control of the said person, being information or, as the case may be, documents requisite for the purpose of the preparation of any plan, section or drawing which, by virtue of the last foregoing section, is required to be kept in the case of that other mine. 19Faulty plans (1)If, in the case of any mine, the Minister is satisfied, upon a representation made to him by an inspector, that a plan, section or drawing which by virtue of the foregoing provisions of this Act is kept by the manager of that mine is inaccurate, incomplete, dilapidated or wholly or partly indecipherable and that, in the interests of safety, it is desirable for a new plan, section or drawing to be made, he may appoint a surveyor to make a new plan, section or drawing. (2)The following provisions shall have effect where a surveyor is appointed under the foregoing subsection to make a new plan, section or drawing in the case of a mine:— (a)the owner and the manager of the mine shall afford to the surveyor all necessary facilities and information for the purpose of making the new plan, section or drawing; (b)on the completion of the new plan, section or drawing, it shall be sent to the manager of the mine; and (c)the cost of making the new plan, section or drawing, or such part of that cost as the Minister thinks fit, shall be recoverable by him from the owner of the mine. 20Transmission to inspector, and preservation, of plans of abandoned or disused mines, seams and veins (1)Provision may be made by regulations— (a)for requiring that— (i)in the event of the abandonment of a mine or of the expiration of the period of twelve months from the time at which a mine was last worked for the purpose of getting minerals or products of minerals, the person who is the owner of the mine at the time of the happening of that event shall, within the prescribed period thereafter, send to the inspector for the district such plans of the workings in the mine at that time (being plans complying with such requirements as are imposed by or by virtue of the next following subsection), and such drawings supplementary to the plans, as may be prescribed and such sections of the seams or veins worked in the mine and of the strata overlying them (being sections complying with such requirements as aforesaid) as may be prescribed ; (ii)in the event of the abandonment of a seam or vein in a mine or the expiration of the period of twelve months from the time at which a seam or vein in a mine was last worked for the purpose of getting minerals or products of minerals, the person who is the owner of the mine at the time of the happening of that event shall, within the prescribed period thereafter, send to the inspector for the district such plans of the workings in that seam or vein at that time (being plans complying with such requirements as are imposed by or by virtue of the next following subsection), and such drawings supplementary to the plans, as may be prescribed and such sections of that seam or vein and of the strata overlying it (being sections complying with such requirements as aforesaid) as may be prescribed; (b)for imposing, with respect to plans, drawings and sections sent to an inspector in pursuance of such provisions of the regulations as have effect by virtue of the foregoing paragraph, such requirements (whether with respect to the persons by whom they are to be prepared, the giving of certificates with respect thereto or otherwise) as it may appear to the Minister requisite or expedient to impose for the purpose of ensuring the accuracy thereof. (2)Plans and sections required, by virtue of provisions of regulations having effect by virtue of the foregoing subsection, to be sent to an inspector shall be of durable material and be prepared in such form and manner as may be specified by rules made by the Minister and on a scale not less than such as may be so specified, and any such plans shall show the position, in relation to objects on the surface, of the workings delineated on the plans and record such information as may be so specified with respect to orientation, contours, boundaries, faults, workings other than those delineated on the plans and any such other matters (whether similar to the matters aforesaid or not) as may be so specified. (3)If the Minister is satisfied, on the representation of an inspector,— (a)that there has occurred, in the case of a mine, a contravention of provisions of regulations having effect by virtue of sub-paragraph (i) or (ii) of paragraph (a) of subsection (1) of this section consisting of a failure to send a plan, drawing or section to an inspector within the period limited, by those provisions or that, in the case of a mine, a plan, drawing or section sent to an inspector in pursuance of those provisions is inaccurate, incomplete, dilapidated or wholly or partly indecipherable ; and (b)that, in the interests of safety, it is desirable for a new plan, drawing or section to be made;the Minister may, within six months from the expiration of that period, appoint a surveyor to make a new plan, drawing or section, and the cost of making the new plan, drawing or section, or such part of that cost as the Minister thinks fit, shall be recoverable by him from the person who was the owner of the mine at the time of the happening of the event in consequence of the happening of which the said provisions fell to be complied with. (4)Subject to the provisions of the next following subsection, plans, drawings and sections sent to an inspector in pursuance of the said provisions or made by a surveyor appointed under the last foregoing subsection shall be preserved by the Minister or by some other person under arrangements made or approved by the Minister. (5)Where, at the time at which the working of a mine or a seam or vein therein is resumed, any plans, drawings or sections relating thereto are, by virtue of the last foregoing subsection, preserved by the Minister or by some other person (not being the owner of the mine), the owner shall, on giving not less than fourteen days notice to the person by whom the plans, drawings or sections are preserved and (where that person is not the Minister) to the Minister, be entitled to have delivered to him the plans, drawings or sections subject to affording to the Minister, if required so to do before the expiration of the notice, a reasonable opportunity of making copies of the plans, drawings or sections or of such part thereof as the Minister thinks fit. 21Geological map Regulations may require the manager of every mine to keep at the office at the mine or at such other place as may be approved by an inspector a geological map of the district in which the mine is situate, being a map conforming to such requirements' (if any) as may be prescribed. Part III Safety, Health and Welfare (Mines) Provisions for securing safe Ingress and Egress 22Provision of shafts and outlets in coal, and c, mines (1)Subject to the provisions of this section, it shall not be lawful for any persons to be employed below ground in a mine of coal, stratified ironstone, shale or fireclay unless there are available, for affording to them alternative, and ready, means of ingress and egress, two shafts or outlets (whether belonging exclusively to that mine or not) which, except where they were sunk before the first day of January, eighteen hundred and sixty-five, are at no point separated from each other by less than forty-five feet or (where the sinking thereof began before the first day of January, eighteen hundred and eighty-eight) ten feet. (2)Where the employment of persons in an area consisting of the whole or any part of a mine below ground would, apart from the following provisions of this subsection be, by virtue of the foregoing subsection, unlawful in consequence of a shaft or outlet having, as a result of an accident or breakdown, become unavailable for affording to persons employed in that area ready means of ingress and egress, but the manager of the mine is satisfied with respect to that area or any part thereof that persons employed in that area or, as the case may be, that part thereof will not for the time being be exposed to undue risk by reason of that shaft or outlet being unavailable as aforesaid, then if he— (a)posts in a conspicuous position at the mine a notice specifying the accident or breakdown and the said area and stating that he is satisfied as aforesaid with respect to that area or, as the case may be, that part thereof and the reason why he is so satisfied; and (b)sends, by the quickest means available, to the inspector for the district and the person, if any, for the time being nominated under the provisions of this Act relating to the notification of accidents to receive on behalf of the persons employed at the mine notices under the said provisions, a message to the like effect as the notice mentioned in the foregoing paragraph ;there shall be excepted from the operation of the foregoing subsection— (i)the employment in that area or, as the case may be, that part thereof, until the end of his period of work, of any person who was below ground in the mine at the time of the accident or breakdown ; (ii)the employment in that area or, as the case may be, that part thereof, until the expiration of the period of twenty-four hours beginning with the time at which the accident or breakdown occurred, of any person in work necessary for securing the safety of the mine or the welfare of animals employed therein or rendering that shaft or outlet again available for the purpose for which it was available immediately before the accident or breakdown:Provided that nothing in paragraph (i) or (ii) of this subsection shall authorise the employment of any person at any time after the receipt by the manager of the mine of notification from an inspector that, in his opinion, that person should be withdrawn from the area or part of the area in question. (3)The Minister or an inspector, upon an application in that behalf made to him with respect to a mine, may, by notice served on the manager of the mine, exempt from the operation of subsection (1) of this section the employment of persons below ground in the mine or in such part of the mine below ground as may be specified in the notice:Provided that no exemption shall be granted under this subsection by the Minister or an inspector unless the Minister or the inspector, as the case may be, is satisfied that no persons employed in the mine will be exposed to undue risk in consequence of the granting of the exemption. (4)Regulations made with respect to a particular mine of coal, stratified ironstone, shale or fireclay may provide that the employment below ground in the mine, in accordance with such conditions as may be prescribed, of such number of persons (not exceeding thirty) as may be prescribed, being persons to whom only one shaft or outlet is available for affording to them means of ingress and egress shall be excepted from the operation of subsection (1) of this section. (5)In any claim against the owner or manager of a mine for damages, being a claim arising out of an accident caused by a decision of the manager made for the purposes of subsection (2) of this section, the defendant shall, unless he proves that the manager was not negligent in making that decision, be liable in all respects as if the plaintiff had proved that the manager was negligent in making that decision. (6)For the purposes of this section a shaft or unwalkable outlet at a mine provided with apparatus for carrying persons through the shaft or outlet shall be deemed not to be available to a person employed below ground in the mine for affording to him means of ingress and egress if that apparatus is not available for use by him. (7)In the application of this section to Scotland, for references to a plaintiff and a defendant there shall respectively be substituted references to a pursuer and a defender. (8)Nothing in this section shall apply to the employment of persons in a shaft or outlet or in the insets of a shaft or outlet. 23Communications between shafts and outlets in coal, and c, mines (1)So long as, in a mine of coal, stratified ironstone, shale or fireclay, more than one shaft or outlet is available to any persons employed below ground in the mine for affording to them means of ingress and egress, there shall be provided and maintained between— (a)each entrance to each shaft or outlet that is available to those persons for that purpose, being an entrance whereby those persons gain access to the shaft or outlet from the workings ; and (b)some point or points on another shaft or outlet so available ;a communication following a reasonably short and reasonably convenient route. (2)The height of every communication provided in pursuance of the foregoing subsection shall be maintained throughout at not less than five feet and the width of every such communication shall be maintained throughout at not less than four feet:Provided that— (a)if the Minister is satisfied that, owing to special circumstances affecting mines of coal, stratified ironstone, shale or fireclay of any class, it is inadvisable for reasons of safety or unnecessary, in the case of the communications provided as aforesaid therein or any class of those communications, for the minimum height or width, or height and width, thereof to be as great as provided by the foregoing provisions of this subsection, regulations may provide that those provisions shall have effect, in their application to those communications or that class thereof, with the substitution, for the minimum specified in the said provisions in relation to height, that so specified in relation to width or both of those minima, as the case may be, of such less minimum or minima as may be prescribed; and (b)if an inspector is satisfied that, owing to special circumstances affecting a particular mine of coal, stratified ironstone, shale or fireclay, it is inadvisable for reasons of safety or unnecessary, in the case of all or any of the communications provided as aforesaid therein, for the minimum height or width, or height and width, thereof to be as great as provided by the foregoing provisions of this subsection, he may, by notice served on the manager of the mine, direct that those provisions shall have effect in their application to those communications or to such of them as may be specified in the notice, with the substitution, for the minimum specified in the said provisions in relation to height, that so specified in relation to width or both of those minima, as the case may be, of such less minimum or minima as may be specified in the notice. 24Limitation on number of persons to be employed at coal, and c, mines in places with single exits (1)Subject to the provisions of this section, it shall not be lawful for more than nine persons to be employed at any time below ground in a mine of coal, stratified ironstone, shale or fireclay in a place from which there are not two ways each of which— (a)leads to a different shaft or outlet, being a shaft or outlet provided for affording to persons employed at that place means of ingress and egress ; (b)is entirely separate from the other ; (c)is traversable with safety and reasonable convenience; (d)at each junction thereof with another way has clearly marked on it the shaft or outlet to which it leads ; and (e)if it is so prescribed, is of a height or width, or height and width, not less than such as may be prescribed ;or for more than nine persons in the aggregate to be so employed in two or more such places from none of Which can egress to the surface be had otherwise than by traversing a common junction. (2)As respects a particular mine of coal, stratified ironstone, shale or fireclay, provision may be made by regulations or by a notice served by the Minister or an inspector on the manager of the mine— (a)for exempting the mine or any specified place therein from all or any of the requirements of the foregoing subsection; (b)for directing that the foregoing subsection shall, in its application to the mine or to any specified place therein, have effect with the substitution, for references to nine persons, of references to such greater number of persons (not exceeding thirty) as may be specified in the regulations or notice:Provided that no such provision as aforesaid shall be made with respect to a mine by the Minister or an inspector unless the Minister or the inspector, as the case may be, is satisfied that no persons employed in the mine will be exposed to undue risk or inconvenience in consequence of the making of such provision. (3)Nothing in this section shall apply to the employment of persons in a shaft or outlet. 25Limitation on number of persons to be employed at coal, and c, mines in shafts and outlets and their insets (1)It shall not be lawful for a number of persons greater than the permitted number to be employed at any time at a mine of coal, stratified ironstone, shale or fireclay in a shaft or outlet:Provided that, in relation to an outlet toot being an unwalkable outlet), this subsection shall not apply to any part thereof lying between the surface entrance thereto and any point therein from which a communication leads to another outlet or to a shaft, being an outlet or shaft available to persons employed in the said part for affording to them means of ingress and egress. (2)For the purposes of this section— (a)the permitted number, in relation to a shaft or outlet, shall be twenty or such greater number (not exceeding thirty) as may be determined by an inspector by notice served on the manager of the mine ; (b)the insets of a shaft or outlet shall be deemed to form part of the shaft or outlet; and (c)subsection (6) of section twenty-two of this Act shall apply as it applies for the purposes of that section. (3)Nothing in this section shall be construed as prejudicing the operation of the last foregoing section in relation to the employment of persons in individual insets of a shaft or outlet. 26Power to apply foregoing provisions of Part III to other mines Regulations may provide that the foregoing provisions of this Part of this Act shall (subject to such exceptions, adaptations and modifications, if any, as may be prescribed) apply to mines other than of coal, stratified ironstone, shale or fireclay. 27Power of inspector to require provision of additional ways out from working faces in coal mines (1)If an inspector is of opinion, with respect to a working face in a mine of coal, that in the interests of safety it is necessary or expedient to provide thereat a greater number of ways out therefrom, he may serve on the manager of the mine a notice specifying that face and stating that he is of opinion as aforesaid with respect thereto and directing that, after the expiration of such period beginning with the day on Which the notice becomes operative as may be specified therein, the face shall not be worked unless there are provided thereat such additional roads affording means of egress therefrom as may be specified in the notice, being roads leading to such places as may be so specified. (2)The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under the foregoing subsection. 28Provision of winding and haulage apparatus (1)Every shaft and unwalkable outlet for the time being provided at a mine of coal, stratified ironstone, shale or fireclay for affording to persons employed below ground therein means of ingress and egress shall be provided with apparatus for carrying persons between the top of the shaft and the entrances therefrom to the workings and between those entrances themselves or, as the case may be, for carrying persons between the surface entrance to the outlet and the entrances therefrom to the workings and between those entrances themselves, being apparatus which complies with such requirements (if any) of regulations as it appears to the Minister requisite or expedient to impose for securing the safety of persons when being carried by means thereof and whose use is confined to the shaft or outlet, save where an inspector in any particular case, by notice served on the manager of the mine, consents to its use not being so confined. (2)Every shaft and unwalkable outlet for the time being provided at a mine other than of coal, stratified ironstone, shale or fireclay for affording to persons employed below ground therein means of ingress and egress, being a shaft or outlet in the case of which the relevant distance exceeds one hundred and fifty feet, shall be provided with apparatus for carrying persons between the top of the shaft and the entrances therefrom to the workings and between those entrances themselves or, as the case may be, for carrying persons between the surface entrance to the outlet and the entrances therefrom to the workings and between those entrances themselves, being apparatus which complies with such requirements (if any) of regulations as it appears to the Minister requisite or expedient to impose for securing the safety of persons when toeing carried by means thereof, and whose use is confined to the shaft or outlet, save where an inspector in any particular case, by notice served on the manager of the mine, consents to its use not being so confined:Provided that an inspector may by notice served on the manager of any such mine as is mentioned in the foregoing provisions of this subsection exempt from those provisions a shaft or outlet provided at that mine. For the purposes of this subsection the expression " relevant distance " means, in the case of a shaft, the distance between the top of the shaft and the bottom of the lowest entrance to the shaft provided for affording to persons access to the shaft and, in the case of an outlet, the distance between the point at which the outlet reaches the surface and the underground entrance provided for affording to persons access to the outlet which is furthest from that point. (3)All apparatus provided in pursuance of this section shall be properly maintained and, when not in use, kept constantly available for use. 29Power to require provision of machinery, and c, for use in case of failure of winding or haulage apparatus Regulations may impose upon owners of mines such requirements with respect to the provision and maintenance of the prescribed machinery, apparatus and parts of machinery or apparatus for the purpose of their being available for use in the event of apparatus provided at mines for carrying persons employed thereat through shafts or outlets thereat failing to function as it may appear to the Minister requisite or expedient to impose for the purpose of securing the safety of such persons. Safety Precautions in connection with Shafts, &c, and Entrances to disused Workings 30Securing of shafts and staple-pits (1)Every mine shaft and staple-pit shall, save in so far as the natural conditions of the strata through which it passes render it unnecessary (either as to the whole or as to any part thereof) so to make it, be made secure, and shall be kept secure:Provided that in any prosecution for a contravention of this subsection with respect to a shaft or staple-pit, it shall be a defence to prove that at the time of the alleged contravention no insecure part of that shaft or staple-pit was in use or was the site of any operations in progress by way of driving or extending the shaft or staple-pit. (2)Subsection (1) of this section shall apply to unwalkable outlets at a mine as it applies to mine shafts. 31Safety precautions with respect to entrances to shafts, staple-pits and outlets (1)The surface entrance to every mine shaft and every other entrance thereto (whether above or below ground), and every entrance to every staple-pit, shall be provided with an efficient enclosure or barrier so designed and constructed as to prevent any person from accidentally falling down the shaft or staple-pit or accidentally coming into contact with a moving part of any winding apparatus with which the shaft or staple-pit is provided. (2)Every enclosure or barrier provided in pursuance of the foregoing subsection shall be properly maintained and, where an enclosure or barrier so provided or any part thereof is removable or openable, the enclosure, barrier or part shall be kept securely in position or, as the case may be, securely closed save in so far as its removal or opening is necessary for the purpose of the use of the shaft or staple-pit in connection with which it is provided, the doing of work in the shaft or staple-pit or the inspection of, or of anything in, the shaft or staple-pit. (3)Provision may be made by regulations for requiring such steps as may be prescribed to be taken for the purpose of preventing persons from accidentally entering outlets at mines or from accidentally coming into contact with moving parts of any apparatus therein. (4)For the purposes of this section so much of any superstructure provided at the top of a shaft as forms an extension thereof shall be deemed to form part of the shaft. (5)This section shall not apply to a shaft or outlet of, or staple-pit in, an abandoned mine or a mine which has not been worked for a period of twelve months, but, save as aforesaid, shall apply as well to shafts, outlets and staple-pits which are not in use as to shafts, outlets and staple-pits which are in use. 32Prevention of fall of articles down shafts and staple-pits (1)Provision may be made by regulations for requiring such steps as may be prescribed to be taken at mines for the purpose of preventing persons from being injured by the accidental fall of articles down shafts or staple-pits thereat. (2)Subsection (4) of the last foregoing section shall apply for the purposes of this section as it applies for the purposes of that section. 33Safety precautions with respect to entrances to unfit parts of mines (1)Every entrance from a road in a mine to a part of the mine which for the time being is not maintained in a state fit for persons to work in or pass through shall be provided with an efficient enclosure or barrier so designed and constructed as to prevent any person from accidentally entering that part of the mine. (2)Every enclosure or barrier provided in a mine in pursuance of the foregoing subsection shall be properly maintained and, where an enclosure or barrier so provided or any part thereof is removable or openable, the enclosure, barrier or part shall be kept securely in position or, as the case may be, securely closed save in so far as its removal or opening is authorised by the manager of the mine, an under-manager thereof or the person for the time being in charge of the part of the mine in which it is provided. Roads 34General provisions with respect to construction and maintenance of roads (1)It shall be the duty of the manager of every mine to take, with respect to every length of road therein, being a length in which vehicles or conveyors run or which is used, at the beginning or end of a shift by not less than ten persons for the purpose of walking to or from their working places in the mine, such steps as may be necessary to secure that the following provisions are complied with, namely,— (a)every such length of road made after the commencement of this Act shall be so made and maintained as to avoid sudden changes of direction, height, width and gradient save in so far as either— (i)the system of working the mine or the natural conditions of the strata therein render it inadvisable for reasons of safety to do so ; or (ii)it is unnecessary to do so; (b)every such length of road (whether made before or after the commencement of this Act) shall be kept free from obstructions and the floor thereof shall be kept in good repair and in such a condition that any persons or animals who use that length of road can tread it with safety and reasonable convenience. (2)If, with respect to any such length of road as aforesaid in a mine (being a length made before the commencement of this Act) an inspector is of opinion that any sudden change therein of direction, height, width or gradient ought to be eliminated, he may serve on the manager of the mine a notice specifying that length of road and any such sudden change as aforesaid which he thinks ought to be eliminated and requiring the manager to execute, before the expiration of such period beginning with the date on which the notice becomes operative as may be specified therein, such works to that length of road as will eliminate that sudden change. The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under this subsection. (3)References in this section to changes of gradient shall be construed as including references to deviations (whether upwards or downwards) from the horizontal. 35Height and width of travelling roads (1)Every length of road in a mine which is used at the beginning or end of a shift by not less than ten persons for the purpose of walking to or from their working places in the mine, being a length made after the commencement of this Act, shall be not less than five feet six inches high throughout:Provided that— (a)provision may be made by regulations for exempting from the foregoing provisions of this subsection any such lengths of road as aforesaid of a prescribed class in mines to which the regulations apply, or any prescribed parts of any such lengths of road in such mines or of any such lengths of road of a prescribed class in such mines ; and (b)an inspector may, by notice served on the manager of a particular mine, exempt from those provisions any such length of road as aforesaid in that mine or any part of any such length of road. (2)If, with respect to a length of road in a mine which is used as mentioned in subsection (1) of this section, being a length made before the commencement of this Act which is not throughout of a height of at least five feet six inches, an inspector is of opinion that it is inexpedient that it should continue to be so used unless it is heightened, he may serve on the manager of the mine a notice specifying that length of road and the height (not being more than five feet six inches) to which, in his opinion, it ought to be increased if it is to continue to be so used (hereinafter referred to as " the specified height"), and directing that, after the expiration of such period beginning with the day on which the notice becomes operative as may be specified therein, every part of that length of road which is so used shall be throughout (except at such places, if any, therein as may be specified in the notice) of a height not less than the specified height. (3)If, with respect to a length of road in a mine (whether made in whole or in part either before or after the commencement of this Act), being a length which is used as mentioned in subsection (1) of this section, an inspector is of opinion that it is inexpedient that it should continue to be so used unless it is widened, he may serve on the manager of the mine a notice specifying that length of road and the width to which, in his opinion, it ought to be increased if it is to continue to be so used (hereinafter referred to as " the specified width ") and directing that, after the expiration of such period beginning with the day on which the notice becomes operative as may be specified therein, every part of that length of road which is so used shall be throughout (except at such places, if any, therein as may be specified in the notice) of a width not less than the specified width. (4)The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under either of the two last foregoing subsections. 36Prohibition of use of vehicles and conveyors in roads not affording free movement (1)The manager of a mine— (a)shall not permit vehicles to run in any road therein unless neither the vehicles nor their loads, nor (if the vehicles run as part of rope haulage apparatus) the ropes to which they are attached, nor (if the vehicles are hauled by animals) the animals nor their harnesses rub against the roof or sides of the road, anything supporting the roof and sides of the road or either of them or anything in the road not provided for the purpose of controlling the vehicles or (in the case of vehicles which run as part of rope haulage apparatus) the ropes to which they are attached ; (b)shall not permit a conveyor to be operated in any road therein unless neither the conveyor nor its load rubs against the roof or sides of the road, anything supporting the roof and sides of the road or either of them or anything in the road. (2)In any prosecution for a contravention of this section with respect to the running of vehicles or the operation of a conveyor in a road in a mine on any occasion, it shall be a defence to prove either— (a)that the sole purpose for which the vehicles were being run or the conveyor was being operated on that occasion was to facilitate the carrying out to the road of repairs the purpose of the carrying out whereof was to enable the manager of the mine, without contravention of this section, to permit vehicles to run or a conveyor to be operated in that road ; or (b)that— (i)the fact that rubbing occurred on that occasion was due to a sudden decrease of the height or width of the road which it was impracticable to prevent; and (ii)there was no reasonable ground for apprehending that the running of the vehicles or the operation of the conveyor, as the case may be, on that occasion would result in bodily injury to persons or animals using the road ; and (iii)no avoidable delay was incurred in taking the steps necessary to complete the carrying out to the road, at the place where rubbing occurred, of such repairs as aforesaid. 37Transport rules (1)The manager of every mine shall have power to make rules (hereafter in this Act referred to as " transport rules ") with respect to the use of vehicles and conveyors in the mine and the conditions under which they may be so used and generally for securing the safe operation in the mine of vehicles and conveyors and the avoidance of bodily injury being caused to persons by reason of the running thereof, and in particular, but without prejudice to the generality of the foregoing words,— (a)specifying a standard height and width with respect to each length of road in the mine in which vehicles run or conveyors are operated ; (b)specifying the maximum loads (by reference to weight, dimensions, number or other criterion) that may be carried in vehicles in any length of road in the mine and the maximum number of vehicles (according as to whether they are loaded or unloaded) that may be coupled together to run as a set or train in any length of road in the mine ; (c)specifying the maximum speeds at which vehicles may run in any length of road in the mine ; and (d)prohibiting the conveyance in roads in the mine of persons in vehicles or on conveyors except in such circumstances and in accordance with such conditions, if any, as may be specified in the rules and specifying precautions to be observed when persons are so conveyed. (2)The exercise by the manager of a mine of the power conferred by the foregoing subsection shall be obligatory for the purpose mentioned in paragraph (a) of that subsection and also for the purposes mentioned in paragraphs (b) to (d) thereof save in so far as an exercise of that power for those purposes could, having regard to the circumstances of the mine, serve no object, and regulations may render an exercise of that power obligatory for any other purpose for which it may be exercised. (3)The power conferred by subsection (1) of this section to specify by transport rules standard heights and widths with respect to lengths of road may, as respects any particular length of road, be so exercised as either to specify a standard height and width to be applicable without exception throughout that length of road or to specify a standard height and width to be applicable throughout that length of road but subject to exceptions (as regards height or width, or both) for such places therein as may be specified in the rules. (4)Transport rules having effect with respect to a mine may impose duties and prohibitions on persons employed thereat and may make different provision with respect to different roads or classes of roads, different lengths of road or lengths of road of different classes and different classes of vehicles, conveyors and loads. (5)It shall be the duty of the manager of every mine— (a)so to frame such of the provisions of transport rules as have effect by virtue of paragraph (a) of subsection (1) of this section as to secure that, as regards any length of road in the mine to which the provisions relate, the specified standard width is not less than such as is sufficient to permit of the provision of such amount of space as may be calculated to secure the safety of persons who work in or pass through that length of road while vehicles are running or conveyors are being operated therein ; and (b)so to frame such of the provisions of transport rules as have effect by virtue of paragraph (b) or (c) of that subsection as to secure that each maximum thereby specified is such as will, in his opinion, afford a reasonable margin of safety. (6)It shall be the duty of the manager of every mine— (a)to take, with respect to every length of road therein with respect to which a standard height and width is specified by provisions of transport rules having effect by virtue of paragraph (a) of subsection (1) of this section, such steps as are appropriate for securing that the height and width of that length of road throughout are at all times not less than the standard height and width so specified, save, so far as regards any such place therein as is specified in the rules by virtue of subsection (3) of this section, in so far as that height and width are, or either of them is, by virtue of that subsection, inapplicable; (b)to secure that all other provisions of transport rules relating to the mine are executed and enforced. (7)A transport rule which is inconsistent with the provisions of any regulation shall, to the extent of the inconsistency, be of no effect. (8)If an inspector is of opinion with respect to a mine that provision ought to be made by transport rules having effect with respect to the mine for any matter for which provision is not for the time being made by such rules or that different provision ought to be made by such rules for any matter for which provision is for the time being made by such rules, he may serve on the manager of the mine a notice stating that he is of that opinion, specifying the matter for which, in his opinion, provision or, as the case may be, different provision ought to be made as aforesaid and the nature of the provision that, in his opinion, ought to be made, and requiring the manager, before the expiration of such period beginning with the day on which the notice becomes operative as may be specified therein, to exercise the power conferred on him by subsection (1) of this section in accordance with the tenor of the notice. The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under this subsection. (9)A copy of all transport rules for the time being in force with respect to a mine shall be kept at the office at the mine or at such other place as may be approved by an inspector, and notices containing a summary of so much of any such rules as affect any person shall be kept posted at suitable places in the mine in such characters and in such positions as to be easily seen and read by him. (10)A document purporting to be certified by the manager of a mine to be a true copy of any transport rules for the time being in force with respect to the mine shall be receivable in evidence and shall, unless the contrary is proved, be deemed to be such a copy. 38Power to require provision of travelling facilities Regulations may require the provision, in such cases as may be prescribed, of facilities whereby persons employed below ground in mines may be carried through the roads whereby they go to and from their working places or through parts of those roads, being cases where the provision of such facilities as aforesaid appears to the Minister to be necessary or expedient in the interests of safety or for the purpose of avoiding excessive fatigue being caused to such persons in going to and from those places. 39Provisions for securing safety of foot-passengers in transport roads (1)The following provisions shall have effect with respect to every length of road in a mine, being a length in which run vehicles moved otherwise than by hand or by animal traction (whether or not vehicles moved by those means also run therein):— (a)during any period during which vehicles are moving in that length of road otherwise than by those means, no person employed at the mine (other than an authorised person) shall, except in accordance with the provisions of regulations in that behalf, pass on foot along that length of road or any part thereof unless the movement of vehicles in that length of road, other than vehicles moved by those means, is specially stopped for the purpose of allowing him to do so ; (b)if that length of road is used at the beginning or end, or at the beginning and end, of a shift by not less than ten persons for the purpose of walking to or from their working places in the mine, it shall be the duty of the manager of the mine to fix a period or periods for the purpose of enabling them to do so in safety, and no person shall cause or permit a vehicle (whether loaded or not) to move, otherwise than by those means, in that length of road during a period fixed in pursuance of the foregoing provisions of this paragraph:Provided that— (i)provision may be made by regulations for exempting from the provisions of either or both of the foregoing paragraphs any such lengths of road as aforesaid of a prescribed class in mines to which the regulations apply, and an inspector may, by notice served on the manager of a particular mine, exempt from the provisions of either or both of those paragraphs any such length of road as aforesaid in that mine ; and (ii)in any prosecution instituted in respect of a person's passing along a length of road or part thereof in contravention of paragraph (a) of this subsection, it shall be a defence to prove that that person had reasonable cause to believe that it might be necessary for repairs to be carried out forthwith in that length of road and was so passing for the purpose of verifying his belief and of ascertaining the nature or extent of the repairs which he believed it might be necessary to carry out. (2)Except with the written permission of the manager of a mine, no person shall, otherwise than in such circumstances and in accordance with such conditions (if any) as may be specified in transport rules having effect with respect to the mine, accompany on foot below ground in the mine a vehicle which is moving as part of any rope haulage apparatus. (3)For the purposes of paragraph (a) of subsection (1) of this section the expression " authorised person" means, in relation to a length of road in a mine,— (a)an official of the mine; (b)a person employed in connection with the running of vehicles in that length of road ; (c)a person engaged in, or in connection with, the carrying out in that length of road of repairs which it is necessary to carry out forthwith ; or (d)a person engaged in carrying out, by virtue of the provisions of this Act relating to workmen's inspections or of any such agreement as is mentioned in those provisions, an inspection at the mine. 40Provision of refuge holes (1)Subject to any exceptions for which provision may be made by regulations, the manager of a mine shall not permit vehicles (not being vehicles moved by hand) to run in any length of road in the mine unless there are provided in that length of road (except in so much, if any, of it as is within seventy-five feet of a working face served by it), at intervals not greater than such as may be prescribed and in the prescribed positions, refuge holes each of which is of such dimensions as may be prescribed and complies with such other requirements as may be prescribed. (2)Every refuge hole for the time being provided in a length of road in a mine for the purpose of enabling the manager of the mine, without contravention of the foregoing subsection, to permit vehicles to run in that length of road shall be kept free from obstruction. (3)In this section the expression " working face " does not include a place in a road at which ripping or work of repair is in progress. 41Safety measures relating to use of vehicles (1)So long as vehicles are used in a mine, there shall be provided, maintained and used, either in the mine or on the vehicles or both in the mine and on the vehicles, such safety devices as are necessary to prevent the occurrence of accidents likely to cause bodily injury to persons, being accidents caused by vehicles so used running away; and every device provided in pursuance of this subsection shall be of a kind designed to assume automatically the position in which it operates for the purpose for which it is designed, save in a case where there is good reason for not providing a device of that kind. (2)In addition to the provision, in pursuance of the foregoing subsection, of such safety devices as are therein mentioned, there shall be taken, as respects a person who, otherwise than as a matter of routine, is at work at a place in a mine through which vehicles are running or are accustomed to run, such steps as are necessary to protect him from bodily injury in the event of a vehicle's running away while he is at work at that place. Provisions for securing safe operation of Winding and Rope Haulage Apparatus and Conveyors 42Charge of winding and rope haulage apparatus when persons are carried (1)No mechanically or gravity operated winding apparatus with which a mine shaft or staple-pit is provided and no mechanically or gravity operated rope haulage apparatus at a mine shall be operated on any occasion when persons are carried by means thereof except by a competent male person who has attained the age of twenty-two years appointed by the manager of the mine to operate it on such an occasion ; and accordingly it shall be the duty of the manager of every mine to appoint such number (if any) of competent male persons as may be sufficient to secure compliance with the foregoing provisions of this subsection. (2)It shall be the duty of the manager of every mine to and from which persons gain ingress and egress by being carried through a shaft or unwalkable outlet by means of mechanically or gravity operated winding or rope haulage apparatus, or in which persons gain access to a part thereof by being carried through a staple-pit by means of mechanically or gravity operated winding apparatus, to make, and to secure the efficient carrying out of, arrangements whereby, so long as any person is below ground in the mine who it is intended should come out through that shaft, outlet or staple-pit, a person appointed under this section is in attendance at the mine for the purpose of operating the apparatus aforesaid provided for carrying persons through that shaft or outlet or, as the case may be, that staple-pit. (3)An inspector may serve on the manager of a mine a notice requiring him to secure that, at such times as may be specified in the notice, a person who, in pursuance of arrangements made under the last foregoing subsection, is in attendance at the mine is not charged with the duty of operating more than one set of mechanically or gravity operated winding or rope haulage apparatus. (4)Subject to any exceptions for which provision may be made by regulations, no person appointed under this section shall be employed at a mine of coal, stratified ironstone, shale or fireclay for more than eight hours in any day on which his duties consist of, or include, the operation, when persons are carried by means thereof, of mechanically or gravity operated winding apparatus with which a shaft is provided, and regulations may provide for limiting the number of hours for which any such person may be employed in any week in which his duties consist of, or include, the operation as aforesaid of such apparatus. 43Charge of winding and rope haulage apparatus when persons are not carried (1)No mechanically or gravity operated winding apparatus with which a mine shaft or staple-pit is provided shall be operated on an occasion when no persons are carried by means thereof except by, or under the constant supervision of, a competent male person who has attained the age of twenty-one years. (2)No mechanically or gravity operated rope haulage apparatus at a mine shall be operated on any such occasion as aforesaid except by, or under the constant supervision of, a competent male person who has attained the age of eighteen years. 44Charge of conveyors at working faces No conveyor shall be operated along a working face in a mine except by, or under the constant supervision of, a competent male person who has attained the age of eighteen years. 45Signalling in shafts and outlets (1)There shall be provided and maintained— (a)in connection with every mine shaft provided with winding apparatus, being a shaft in the case of which the distance between the highest and lowest entrances thereto for the time being in use exceeds fifty feet, effective means of transmitting audible and visible signals from each entrance to the shaft for the time being in use to the place at which the winding apparatus is operated; (b)in connection with every unwalkable outlet at a mine, being an outlet which is provided with rope haulage apparatus and in the case of which the distance between the terminal surface entrance thereto and the terminal underground entrance thereto exceeds fifty feet, effective means of transmitting audible and visible signals from each entrance to the outlet for the time being in use to the place at which the haulage apparatus is operated;and provision may be made by regulations for requiring the provision and maintenance, in connection with mine shafts and unwalkable outlets at mines, of means of transmitting signals between the entrances thereto. (2)Provision may be made by regulations— (a)for requiring that the prescribed signals shall not be transmitted by means, provided in pursuance of, or of regulations having effect by virtue of, the foregoing subsection otherwise than in the prescribed code; (b)for requiring the manager of a mine to secure the attendance thereat, at such times as may be prescribed, of persons for the purpose of transmitting signals by those means and receiving signals transmitted thereby. (3)For the purposes of this section— (a)so much of any superstructure provided at the top of a mine shaft as forms an extension thereof shall be deemed to form part of the shaft, and so much of a line of rails running through an outlet as lies between the point at which the outlet reaches the surface and the surface terminus of the line shall be deemed to form part of the outlet; (b)the expression " entrance ", in relation to an outlet, includes any place at which vehicles stop for the purpose of loading or unloading; and (c)the expressions " terminal surface entrance " and " terminal underground entrance ", in relation to an outlet, mean, respectively', the surface entrance thereto or, if there is more than one, that one for the time being in use which is furthest from the point at which the outlet reaches the surface and the underground entrance thereto for the time being in use which is furthest from that point. 46Signalling in roads Where rope haulage apparatus or a conveyor is installed in a road in a mine or is so installed at a mine as to permit of Its operation in a road therein, then, if the length of the part of that road through which vehicles can move as part of that apparatus or, as the case may be, through which loads can be carried by means of that conveyor, exceeds ninety feet, there shall be provided and maintained effective means of transmitting signals from every point throughout that part of that road, to' the place at which the apparatus or, as the case may be, the conveyor is operated. 47Power to exclude or modify five preceding sections in case of remotely controlled or automatic apparatus Regulations may provide for excluding or modifying the application of all or any of the provisions of the five last foregoing sections in the case of winding or rope haulage apparatus installed at mines or conveyors so installed, being apparatus or conveyors whose operation is remotely controlled or wholly or partly automatic. Support 48Duty to secure safety of roads and working places (1)It shall be the duty of the manager of every mine to take, with respect to every road and working place in the mine, such steps by way of controlling movement of the strata in the mine and supporting the roof and sides of the road or working place as may be necessary for keeping the road or working place secure:Provided that nothing in this subsection shall require the taking of such steps as aforesaid with respect to a road or part of a road which is, or is comprised in, a part of the mine every entrance to which is for the time being provided, in pursuance of section thirty4hree of this Act, with such an enclosure or barrier as is therein mentioned. (2)It shall be the duty of the manager of every mine to take such steps as may be necessary for securing that he is at all material times in possession of all information relevant for determining the nature and extent of any steps which it is requisite for him to take in order to discharge efficiently the duty imposed on him by the foregoing subsection. 49Systematic support in coal, shale and fireclay mines (1)Subject to the provisions of this section, in every mine of coal, shale or fireclay there shall be provided and maintained systematic support for the roof and sides of— (a)every place where any mineral is worked; (b)every roadhead; (c)every junction of two or more lengths of road through any one of which vehicles or a conveyor run or runs; and (d)every length of road in which persons work otherwise than occasionally or for short periods. (2)If an inspector is of opinion with respect to a length of road in a mine of coal, shale or fireclay toot being such a length as is mentioned in paragraph (d) of the foregoing subsection) that systematic support for the roof and sides (or either of them) of that length of road ought to be provided and maintained, he may serve on the manager of the mine a notice specifying the length of road, stating that he is of opinion aforesaid with respect thereto and requiring the provision before the expiration of such period beginning with the day on which the notice becomes operative as may be specified therein, and the maintenance after the provision thereof, of systematic support for the roof and sides of that length of road or either of them, according as may be specified in the notice. The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under this subsection. (3)Regulations may require or empower inspectors to require the provision and maintenance in mines of coal, shale or fireclay of systematic support for roofs or sides, or both, in such cases (not being cases falling within subsection (1) of this section) and to such extent as may be prescribed. (4)Regulations may provide for exempting from the foregoing provisions of this section any prescribed class of mines of coal, shale or fireclay or any prescribed classes of places where mineral is worked, roadheads, junctions or lengths of road in such mines or any class thereof, and an inspector may, by notice served on the manager of a particular mine of coal, shale or fireclay, exempt from those provisions that mine or any such place as aforesaid, roadhead, junction or length of road therein. (5)For the purposes of this section references to provision and maintenance of systematic support shall, as respects any mine, be construed as references to provision and maintenance of support in accordance with a system specified in rules to be made by the manager of the mine, being a system consistent with the proper control of movement of the strata in the mine. (6)Nothing in this section shall be construed as preventing a workman in a mine of coal, shale or fireclay from setting in his working place, in addition to supports set therein in pursuance of a requirement imposed by or by virtue of this section, any support which he has reason to believe it is necessary to set therein for the purpose of securing the safety of himself or another. 50Power to require systematic support in other mines (1)Regulations may require, or empower inspectors to require, the provision and maintenance in mines other than of coal, shale or fireclay of systematic support for roofs or sides, or both, in such cases and to such extent as may be prescribed. (2)The reference in this section to provision and maintenance of systematic support shall be construed in like manner as the references thereto in the last foregoing section are required to be construed. 51Supply of materials for support (1)Subject to any exceptions for which provision may be made by regulations, no materials shall be used for the support of the roof or sides of any place in a mine other than materials provided by the owner of the mine. (2)No charge shall be levied by the owner of a mine upon any person employed thereat in respect of the provision by the owner of materials for support. (3)It shall be the duty of the manager of every mine to secure that a sufficient supply of suitable materials for support is at all times readily available, for use at the place where he is actually working, to each workman who needs them, and— (a)where a sufficient supply of such materials is not readily available, for use at the place where he is actually working, to a workman who needs them, he shall withdraw to a place of safety and forthwith report to an official of the mine that, by reason of the premises, he has done so ; and (b)where it appears to the person for the time being in -charge of a part of a mine that such a supply is not available as aforesaid to a workman employed in that part of the mine, the said person shall cause the workman to withdraw as aforesaid ;and where, on any occasion, a workman has, in pursuance of either of the foregoing paragraphs, withdrawn from the place where he was actually working, the person for the time being in charge of the part of the mine in which that place is situate shall not permit the workman to return to it thereafter until that person is satisfied that such a supply of materials as aforesaid will be readily available, for use at that place, to that workman when he needs them. 52Withdrawal of support (1)No person shall withdraw support from the roof or sides of any place in a mine otherwise than by a method or device by which he does so from a position of safety. (2)Where it is part of the system of work at a place in a mine to withdraw from the waste or from under the roof adjoining the waste support provided in compliance with a requirement to provide it imposed by or by virtue of section forty-nine or fifty of this Act, no person shall, at that place, otherwise than in accordance with a system specified in rules to be made by the manager of the mine, withdraw as aforesaid support so provided. 53Duties of deputies in relation to support It shall be the duty of every person employed at a mine who is appointed for the purpose of fulfilling any requirements imposed with respect to the mine by virtue of paragraph (a) of subsection (1) of section twelve of this Act to ensure to the best of his ability that all such rules made under or by virtue of any of the foregoing provisions of this Act relating to support as have effect with respect to the mine are executed and enforced and that there are duly set any supports which appear to him to be necessary in addition to those set in pursuance of the requirements imposed by or by virtue of the said provisions. 54Provisions as to support rules (1)Rules made under or by virtue of any of the foregoing provisions of this Act relating to support are hereafter in this Act referred to as " support rules ". (2)Support rules with respect to a mine shall comply with such requirements with respect to the form thereof and the matters to be specified therein as may be prescribed, and may impose upon persons employed at the mine such duties and prohibitions as it appears to the manager of the mine requisite or expedient to impose on them for securing compliance with any requirement imposed by or by virtue of the foregoing provisions of this Part of this Act relating to support. (3)If, with respect to any support rules for the time being in force with respect to a mine, an inspector is of opinion that the rules require modification in any particular, he may serve on the manager of the mine a notice specifying the rules, stating that he is of opinion aforesaid and specifying the particular in which, in his opinion, the rules require modification and the nature of the modification that, in his opinion, ought to be made, and requiring the manager, before the expiration of such period beginning with the date on which the notice becomes operative as may be specified therein, to modify the rules in accordance with the tenor of the, notice. The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under this subsection. (4)A support rule which is inconsistent with the provisions of any regulation shall, to the extent of the inconsistency, be of no effect. (5)A copy of all support rules for the time being in force with respect to a mine shall be kept at the office at the mine or at such other place as may be approved by an inspector and where, by virtue of paragraph (d) of subsection (1) of section twelve of this Act, districts are delimited in a mine for the purpose of the discharge of their duties by persons appointed for the purpose of fulfilling the requirements imposed with respect to the mine by virtue of paragraph (a) of that subsection, a copy of so much of the said rules as relates to each district shall be supplied by the manager of the mine to the person so appointed who is in charge of the district and shall be kept posted at the entrance to the district in such characters and in such a position as to be easily seen and read by the persons employed in the district. (6)It shall be the duty of the manager of every mine with respect to which support rules are for the time being in force to supply to every person employed at the mine whose duties consist of, or include, the setting of supports in accordance with a system specified in the rules, a document explaining either verbally or diagrammatically, or partly in the one way and partly in the other, the effect of the rules so far as they concern him. (7)A document purporting to be certified by the manager of a mine to be a true copy of any support rules for the time being in force with respect to the mine shall be receivable in evidence and shall, unless the contrary is proved, be deemed to be such a copy. Ventilation 55Duty to provide adequate ventilation (1)It shall be the duty of the manager of every mine to take such steps as are necessary for securing that there is constantly produced in all parts of the mine below ground ventilation adequate for the following purposes, namely,— (a)diluting gases that are inflammable or noxious so as to render them harmless and removing them ; and (b)providing air containing a sufficiency of oxygen. (2)Without prejudice to the general application of the foregoing subsection,— (a)ventilation produced in a part of a mine shall be deemed for the purposes of that subsection not to be adequate for the purpose of diluting carbon dioxide so as to render it harmless unless the amount thereof in the general body of the air in that part of the mine is not more than one and a quarter per cent. by volume or, if a smaller percentage by volume is prescribed, that smaller percentage; (b)ventilation produced in a part of a mine shall be deemed for the purposes of that subsection not to be adequate for the purpose of providing air containing a sufficiency of oxygen unless the amount of oxygen in the general body of the air in that part of the mine is not less than nineteen per cent. by volume ;and regulations may provide that, without prejudice to the general application of that subsection, ventilation produced in a part of a mine shall be deemed for the purposes of that subsection not to be adequate for the purpose of diluting a prescribed gas (other than carbon dioxide) that is inflammable or noxious so as to render it harmless unless the amount thereof in the general body of the air in that part of the mine is less than the prescribed percentage by volume. (3)In the discharge of the duty imposed on him by subsection (1) of this section, the manager of a mine shall have regard to the desirability of securing (consistently with the discharge of that duty) the maintenance in the mine of working conditions that are reasonable so far as regards the temperature and humidity of the atmosphere and the amount of dust therein. (4)Nothing in subsection (1) of this section shall be construed as requiring the production of ventilation— (a)in a part of a mine which is stopped off in a prescribed manner or in such other manner as may be approved by an inspector by notice served on the manager of the mine or is stowed up; (b)in any waste; or (c)in any such other part of a mine as may be prescribed. (5)Where, in any part of a mine required by the foregoing provisions of this section to be ventilated, the ventilation is interrupted or ceases to be adequate for the purposes mentioned in subsection (1) of this section, it shall be the duty of the manager of the mine to secure that, until the ventilation is restored, access to that part of the mine is so restricted as to prevent from entering it any person not authorised to do so and no person is permitted to remain in or pass through it except for the purpose of restoring the ventilation or in a case of emergency. 56Avoidance of danger from gas in waste (1)This section applies to waste other than— (a)waste which is— (i)stopped off in a prescribed manner or in such other manner as may be approved by an inspector by notice served on the manager of the mine in which it is contained ; or (ii)stowed up ; or (b)waste, other than as aforesaid, with respect to which it is known that there is therein— (i)no inflammable gas ; and (ii)either no noxious gas or no noxious gas in a dangerous concentration. (2)It shall be the duty of the manager of every mine which contains any waste to which this section applies to secure either— (a)that there is constantly produced in that waste ventilation adequate for the purposes mentioned in subsection (1) of the last foregoing section ; or (b)that appropriate steps are taken for the purpose of minimising dangerous emissions from that waste of inflammable or noxious gas. (3)Subsection (2) of the last foregoing section shall, with any requisite modifications, apply for the purposes of paragraph (a) of the last foregoing subsection as it applies for the purposes of subsection (1) of that section. 57Power of inspector to require improvement of ventilation (1)If an inspector is of opinion, with respect to a part of a mine that is by section fifty-five of this Act required to be ventilated, that, in the interests of the safety or health of the persons employed in that part of the mine, it is necessary or expedient to improve the ventilation produced therein, he may serve on the manager of the mine a notice specifying that part and stating that he is of opinion aforesaid with respect thereto and requiring (according as may be specified in the notice) either— (a)that ventilation which, after the expiration of such period beginning with the day on which the notice becomes operative as may be specified therein, is produced in that part of the mine in pursuance of the said section fifty-five, must conform to such requirements as may be specified in the notice; or (b)that such works for the purpose of improving the ventilation in that part of the mine as may be specified in the notice shall be executed before the expiration of that period. (2)The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under the foregoing subsection. 58Provisions as to means of ventilation (1)Unless, in all parts of a mine that are required by section fifty-five of this Act to be ventilated, ventilation adequate for the purposes specified in subsection (1) of that section is provided wholly by natural means, there shall be provided and maintained on the surface of the mine mechanically operated apparatus capable of producing in all those parts of the mine an amount of ventilation sufficient (apart from any ventilation produced by any mechanically operated apparatus below ground) to enable all the persons who are below ground in the mine at any one time to leave it safely; and any apparatus provided in pursuance of this subsection shall, if it is not normally used to produce ventilation, be used once at least in each week and be kept constantly available for use. (2)Where (whether in pursuance of the foregoing subsection or not) there is provided on the surface of a mine of coal mechanically operated apparatus for producing ventilation below ground in the mine, then, unless that apparatus is so designed or adapted, and is so installed, as to permit of its operation both by way of forcing air into, and by way of exhausting air from, the mine, there shall be provided in association with that apparatus, maintained and kept constantly available for use, adequate means for reversing the direction of flow of the ventilation produced by that apparatus. (3)Regulations may— (a)exempt any prescribed class of mines from the provisions of subsection (1) of this section ; (b)exempt any prescribed class of mines of coal from the provisions of subsection (2) of this section ;and an inspector may, by notice served on the manager of a particular mine other than of coal, exempt the mine from the provisions of the said subsection (1) and may, by notice served on the manager of a particular mine of coal, exempt the mine from the provisions of either or both of those subsections: Provided that no exemption shall be granted by regulations made by virtue of this subsection unless the Minister is satisfied that no persons employed in mines of the class to which the regulations apply will be exposed to undue risk in consequence of the granting of the exemption, and no exemption shall be granted under this subsection by an inspector in the case of a particular mine unless he is satisfied that no persons employed in that mine will be exposed to undue risk in consequence of the granting of the exemption. (4)It shall not be lawful to use a fire for ventilation in a mine or, except with the consent of an inspector, given by notice served on the manager of the mine, to release in a mine compressed air for the purpose thereby of diluting or removing inflammable or noxious gas. 59Prevention of leakage of air between airways (1)Where, of any two lengths of different passages in a mine of coal, stratified ironstone, shale or fireclay, one is made after the commencement of this Act '(whatever the date of the making of, or of any part of, the other), then, unless there is (without any steps being taken for the purpose of minimising the leakage of air between them) no, or no appreciable, leakage of air between them, it shall not be lawful to use one as, or as part of, an intake airway and the other as, or as part of, a return airway unless such steps are taken as are necessary for the purpose of minimising the leakage of air between them:Provided that nothing in the foregoing provisions of this subsection shall render unlawful the use as, or as part of, an airway of so much of any passage in a mine as lies within the relevant distance from a working face to which air is supplied or from which air is drawn off through that airway. (2)For the purposes of the proviso to the foregoing subsection— (a)the expression " relevant distance " means, in relation to a working face in a mine, four hundred and fifty feet (measured from any point on that face in a straight line on any plane) or such other distance, so measured (whether greater or less than four hundred and fifty feet), as may, in any particular case, be determined by an inspector by notice served on the manager of the mine; and (b)the expression " working face " does not include a place in a road at which ripping or work of repair is in progress. 60Provision of barometers and other measuring instruments (1)At every mine of coal or fireclay and at every mine other than of coal or fireclay, being either a safety-lamp mine or a mine (other than a safety-lamp mine) containing any waste to which section fifty-six of this Act applies, there shall be provided in a conspicuous place and in such a position as to be easily seen and read by the persons employed at the mine a barometer which shall, in such cases as may be prescribed, be of the prescribed kind. (2)Provision may be made by regulations for requiring— (a)the provision at any such mine as aforesaid of a barometer of a prescribed kind in addition to that required by the foregoing subsection to be provided thereat; (b)the provision at the prescribed places in mines of the prescribed instruments for measuring the temperature or humidity, or temperature and humidity, of the atmosphere. (3)Every instrument provided at a mine in pursuance of, or of regulations having effect by virtue of, the foregoing provisions of this section shall be properly maintained, and regulations may require that any such instrument shall be read by such persons at such times as may be prescribed and that the readings shall be entered by those persons in a book to be provided for that purpose by the owner of the mine. Lighting, Lamps and Contraband 61Lighting (1)It shall be the duty of the manager of every mine— (a)to secure the provision of— (i)suitable and sufficient lighting (whether natural or artificial) in every part of the mine above ground in or through which persons work or pass (account being taken, where lamps are normally carried by persons who work in or pass through any such part, of the amount of light emitted by those lamps); (ii)suitable and sufficient artificial lighting in every part of the mine below ground in or through which persons work or pass, other than a part in which the installation of artificial lighting is inadvisable for reasons of safety or is unnecessary because of the amount of light emitted by lamps normally carried by persons who work in or pass through it or for any other reason ; (b)to secure that all apparatus installed at the mine for producing artificial fighting thereat is properly maintained. (2)Provision may be made by regulations for requiring the provision and maintenance, at such places at a mine as may be prescribed, of such lights as may (be prescribed; but nothing in regulations having effect by virtue of this subsection shall be construed as being in derogation of the general obligation imposed by subsection (1) of this section. 62Permitted lights (1)Subject to the provisions of this section, no lamps or lights other than permitted lights shall be allowed or used below ground in a mine of coal first opened on or after the date of the commencement of this Act. (2)Subject to the provisions of this section, no lamps or lights other than permitted lights shall be allowed or used below ground in a mine (whether of coal or of any other mineral) first opened before the said date, being either— (a)a mine in the case of which, immediately before that date, the use below ground therein of lamps or lights, other than locked safety-lamps or some other means of lighting the use of which below ground therein was authorised by or under the enactments repealed by this Act, was unlawful or would have been unlawful but for an exemption then in force ; or (b)a mine (other than as aforesaid) in the case of which locked safety-lamps were being used below ground therein immediately before that date otherwise than by way of temporary precaution. (3)Subject to the provisions of this section, no lamps or lights other than permitted lights shall, in the case of a mine (whether of coal or of any other mineral) first opened before the said date (not being a mine to which subsection (2) of this section applies) or of a mine other than of coal first opened on or after the said date, be allowed or used below ground after— (a)the occurrence in any part of the mine below ground of an ignition or explosion of gas naturally present in the mine (whether or not causing death or bodily injury); or (b)the introduction of the use, in any part of the mine below ground, of locked safety-lamps otherwise than by way of temporary precaution ; or (c)the expiration of the period of four weeks beginning with the day next following that on which there has become operative a notice served on the manager of the mine by an inspector stating that he is of opinion that no lamps or lights other than permitted lights ought to be used below ground in the mine. (4)Such a notice as is mentioned in paragraph (c) of the last foregoing subsection shall not be served otherwise than in a case where inflammable gas is known to have been naturally present in the mine to which it relates at some time during the period of five years ending with the date on which service is effected, and the provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to any such notice. (5)If an inspector is satisfied with respect to a mine or a part of a mine that, by reason of the special character of the mine or part, compliance with the requirements of the foregoing provisions of this section is unnecessary, he may, by notice served on the manager of the mine, exempt the mine or part from those provisions:Provided that no exemption from the said provisions of a part of a mine of coal shall be granted after the expiration of the period of four years beginning with the commencement of this Act or shall be granted or renewed before the expiration of that period otherwise than so as to expire not later than the expiration of that period. 63Safety-lamps and lighting apparatus regulations Regulations may make provision with respect to— (a)the construction of safety-lamps and other lighting apparatus for use in mines and of parts of, and accessories to, such lamps or apparatus ; (b)the repair, maintenance, alteration, adjustment and testing of such lamps, apparatus, parts and accessories; (c)the giving out to, and the use and handing in by, persons employed at mines of such lamps and apparatus. 64Prohibition of taking into mines safety-lamps not provided by owner or of approved type (1)No person shall take or use below ground in a mine a safety lamp other than one provided by the owner of the mine. (2)No person shall take or use below ground in a mine a safety lamp other than one of a type for the time being approved by the Minister— (a)for use in mines generally, in mines of a class to which that mine belongs or in that mine; and (b)for use by all persons or persons of a class to which that person belongs. 65Offences relating to safety-lamps (1)A person who damages, destroys or loses or suffers to be damaged, destroyed or lost a safety-lamp given out to him at a mine shall be guilty of an offence:Provided that, in any proceedings taken against a person in respect of an offence under this section with respect to a safety-lamp, it shall be a defence for him to prove that he took reasonable steps for the care and preservation of the lamp and that, immediately after the occurrence of the damage, destruction or loss, as the case may be, he notified an official of the mine of its occurrence. (2)A person who tampers with a safety-lamp given out to him at a mine shall be guilty of an offence. 66Prohibition of possession of smoking materials in certain mines and parts of mines (1)A person who takes or has in his possession below ground in a safety-lamp mine or takes into, or has in his possession in, a safety-lamp part of a mine, any cigar or cigarette, any pipe or other contrivance for smoking or any match or mechanical fighter, shall be guilty of an offence. (2)It shall be the duty of the manager of every safety-lamp mine and of every mine containing a safety-lamp part— (a)to make, and to ensure the efficient carrying out of, arrangements whereby all persons employed below ground in the mine or, as the case may be, employed in the safety-lamp part thereof or such of those persons as may be selected in accordance with a system approved by an inspector by notice served on the manager of the mine, and any articles which they have with them, and all other persons and any articles which they have with them, will, for the purpose of ascertaining whether any of them has in his possession any such article as is mentioned in subsection (1) of this section, be searched in the authorised manner immediately before, or (if that is impracticable) immediately after, they go below ground in the mine on any occasion or, as the case may be, enter the safety-lamp part thereof on any occasion ; and (b)to secure that, at any time when the said arrangements are not in operation, no person goes below ground in the mine or, as the case may be, enters the safety-lamp part thereof;and the manager of every safety-lamp mine and of every mine containing a safety-lamp part may, at any time when a person is below ground in the mine or is in the safety-lamp part thereof, as the case may be, cause him and any article which he has with him to be searched in the authorised manner for the purpose of ascertaining whether he has in his possession any such article as is mentioned in subsection (1) of this section. (3)Where, upon a search made in pursuance of this section, a person who is about to go below ground in a safety-lamp mine or to enter a safety-lamp part of a mine is found to have in his possession any such article as is mentioned in subsection (1) of this section, he shall be guilty of an offence. (4)Without prejudice to the institution of proceedings against a person for an offence under this section, any such article as is mentioned in subsection (1) of this section which is found upon any search made at a mine in pursuance of this section may be seized by the person making the search and dealt with in such manner as may be directed by the manager of the mine. (5)No person shall, in pursuance of this section, search any other person on any occasion unless he has previously given on that occasion an opportunity to some two other persons to search himself and, if searched by them, has not been found to have in his possession any such article as is mentioned in subsection (1) of this section. (6)A person who on any occasion refuses to allow himself or an article which he has with him to be searched in pursuance of this section shall be guilty of an offence and, without prejudice to the institution of proceedings against him in respect of the offence, if the refusal occurs before he goes below ground in a mine shall not be allowed to go below ground in it on that occasion and, if the refusal occurs when he is in a mine, shall not be allowed to remain in it on that occasion. (7)It shall be the duty of the manager of every safety-lamp mine and of every mine containing a safety-lamp part to secure that, at or near every place where searches are carried out under arrangements made in pursuance of paragraph (a) of subsection (2) of this section, notices warning persons of their liability under subsection (1) thereof are kept posted in such characters and in such positions as to be easily seen and read by persons liable to be searched. (8)In this section the expression " mechanical lighter " means a mechanical, chemical or electrical contrivance designed or adapted primarily for the purpose of igniting tobacco and the expression " authorised manner " means such manner as may be specified in an order made by the Minister. 67Prohibition of taking into certain mines and parts of mines of articles producing flames or sparks (1)Subject to the provisions of this section, no article designed or adapted to produce an unprotected flame or an unprotected spark shall be taken or used below ground in a safety-lamp mine or taken into, or used in, a safety-lamp part of a mine. (2)Nothing in the foregoing subsection shall be construed as prohibiting— (a)the taking into, or use in, a mine or part of a mine of any article in accordance with this Act or regulations; (b)the taking into, or use in, a mine of any class or part of a mine of any class of an article of a description authorised by order of the Minister to be used in a mine of that class; (c)the taking into, or use in, a mine or part of a mine of an article of a description authorised in writing by an inspector to be used in that mine or, as the case may be, that part of that mine. Electricity and Electrical Apparatus 68Electricity and electrical apparatus (1)Regulations may make provision with respect to any of the following matters, namely,— (a)the generation, storage, transformation, transmission and use of electricity at mines; and (b)the use, construction, installation, examination, repair, maintenance, alteration, adjustment and testing of electrical apparatus and electric cables at mines ;shall make provision for requiring that, where the amount of inflammable gas in the general body of the air in a part of a mine below ground exceeds such percentage by volume (which shall not exceed one and a quarter) as may be prescribed, the supply of electricity to all apparatus in that part of the mine (other than such apparatus as may be prescribed, being apparatus as to which the Minister is satisfied that the continued use thereof will not involve undue risk), shall be cut off; and may make provision for requiring the cutting off, in such circumstances (other than as aforesaid) as may be prescribed, of the supply of electricity to apparatus, below ground in a mine. (2)If, with respect to a mine, an inspector is of opinion that the use of electricity below ground therein or in any part thereof below ground would or might involve substantial risk of an explosion of gas or dust, he may serve on the manager of the mine a notice stating that he is of that opinion, and prohibiting, or restricting to such extent as may be specified in the notice, the use of electricity below ground in the mine or in that part thereof, as the case may be. The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under this subsection and any such notice shall, if it is so specified therein, become operative forthwith. Blasting Materials and Devices 69Blasting materials and devices (1)Regulations may make provision for prohibiting or restricting the supply, storage or use at mines of blasting materials and devices or any class thereof and, in particular, for prohibiting or restricting the use of such materials and devices or any class thereof in a part of a mine below ground at any time at which the amount of inflammable gas in the general body of the air in that part exceeds the prescribed percentage by volume and in such other circumstances (if any) as may be prescribed. (2)The Minister may by order impose prohibitions or restrictions on the use, at mines or mines of any class, of any blasting material or device or any class of blasting materials and devices in any case where— (a)regulations having effect by virtue of the foregoing subsection do not prohibit or restrict, or do not, in the opinion of the Minister, sufficiently restrict, the use at mines or mines of that class, as the case may be, of that material or device or such materials and devices of that class, as the case may be ; and (b)the dangers inherent in the use at mines or mines of that class, as the case may be, of that material or device or such materials and devices of that class, as the case may be, are in his opinion such as to render it necessary or expedient for provision for prohibiting or restricting or, as the case may be, further restricting the use at mines or mines of that class, as the case may be, of that material or device or such materials, and devices of that class, as the case may be, to-be made by such regulations and for temporary provision in that behalf to be made forthwith by the order pending the coming into operation of provision in that behalf made by such regulations. (3)No blasting material or device shall be taken or used below ground in a mine other than material or a device provided by the owner of the mine. (4)In this section the expression " blasting materials and devices " means explosives and any articles designed for the purpose of breaking up or loosening minerals by means of explosion, the expansion of gas, the change of a substance from one physical state to another or a chemical reaction not constituting combustion. Fire Precautions and Provisions as to Rescue 70Fire precautions in case of workings served by single intake airway (1)Subject to the provisions of this section, it shall not be lawful for more than one hundred persons to be employed below ground in a mine of coal in circumstances in which, if there were a fire in any length of intake airway through which, the air supply to all of those persons passes, none of them would be able to withdraw from the mine without either passing through the fire or following a way out to the surface in which, or in any part of which, the air would or might become so contaminated by the products of combustion generated by the fire as to prejudice seriously the possibility of the withdrawal of persons through it in safety, unless— (a)that length of intake airway and everything with which it is equipped are so constructed or treated, and so maintained and used, that that length of airway is, so far as can be reasonably foreseen, free from the risk that any fire that might break out therein would so develop as to prevent or endanger the withdrawal from the mine of those persons; or (b)means are provided for securing that, in the event of a fire in that length of intake airway, those persons will be able to withdraw in safety. In computing, for the purposes of this subsection, the number of persons employed in such circumstances as aforesaid, a person going to or from his working place at the beginning or end of his shift shall, unless it is otherwise prescribed (either generally or in relation to any particular circumstances), be left out of account. (2)Until the expiration of the period of five years beginning with the commencement of this Act, so much of any road or other passage serving as an airway as was made before the commencement of this Act shall be disregarded for the purposes of the foregoing subsection. (3)Regulations may provide for exempting from the provisions of subsection (1) of this section any prescribed class of mines of coal and an inspector may, by notice served on the manager of a particular mine of coal, exempt the mine or any part thereof from those provisions. (4)Regulations may provide that the foregoing provisions of this section shall— (a)apply to mines other than of coal with the substitution, for the reference in subsection (2) to the expiration of the period of five years beginning with the commencement of this Act, of a reference to the expiration of such period beginning with the date on which the regulations come into operation as may be prescribed ; (b)have effect, in their application to mines of a prescribed class (whether mines of coal or not), with the substitution, for the reference in subsection (1) to one hundred, of a reference to such less number as may be prescribed. 71Provisions for introduction of compulsory use of approved brattice sheeting and conveyor belting (1)The Minister may by order appoint for the purposes of this subsection a day in relation to a class of mines specified in the order, and where a day is appointed under this subsection in relation to a class of mines it shall not, after that day, be lawful to use below ground in a mine of that class brattice sheeting other than of a type for the time being approved by the Minister for use in mines of that class. (2)The Minister may by order appoint for the purposes of this subsection a day in relation to a class of mines specified in the order or to parts specified in the order of mines of a class so specified (being parts below ground) and— (a)where a day is appointed under this subsection in relation to a class of mines, it shall not, after that day, be lawful to use below ground in a mine of that class conveyor belting other than of a type approved by the Minister for use in mines of that class; (b)where a day is so appointed in relation to specified parts of mines of a specified class, it shall not, after that day, be lawful to use in any such part of a mine of that class conveyor belting other than of a type approved by the Minister for use in mines of that class. 72Fire-fighting and rescue operations Regulations may require the making of such provision as may be prescribed for all or any of the following purposes, namely, the prevention, detection and combating of outbreaks of fire at, and spontaneous heating occurring in, mines and the securing of the efficient conduct (as well in an atmosphere dangerous to life as in an atmosphere not dangerous to life) of such operations for the rescue of persons as it may be necessary to conduct at mines in consequence of the occurrence thereat of outbreaks of fire, explosions or other accidents of whatsoever kind, and in particular, but without prejudice to the foregoing provisions of this section, regulations may make provision— (a)for the establishment and maintenance at mines of such organisations of persons as may be necessary for any of the purposes aforesaid and the provision and maintenance at mines of suitable and sufficient apparatus for any of those purposes, and, in particular, the provision at mines of adequate supplies of water for use in case of fire ; (b)for requiring owners of mines to provide and maintain stations (hereafter in this Act referred to as " central rescue stations ") for the purpose of providing facilities common to a number of mines for the conduct of such operations as aforesaid, and for the establishment and maintenance at such stations of such organisations of persons as may be necessary for the purpose of conducting such operations and the provision and maintenance thereat of suitable and sufficient apparatus for that purpose; and (c)for securing the efficient training of the members of any organisation of persons maintained in pursuance of the regulations. 73Means of escape from rooms in which there is special risk of fire, and c It shall not be lawful for a person to be employed at a mine in a room, chamber, or similar confined space in which, owing to the nature of any machinery or apparatus installed therein or of any materials stored therein, there is a risk of the outbreak of a dangerous fire or the escape of steam in substantial quantity or of noxious gas in a dangerous concentration, unless either such steps are taken (whether by the provision of two or more exits or otherwise) as are necessary for the purpose of minimising the risk of his being trapped therein in any such event or the circumstances in which he is employed are themselves such as to minimise the risk of his being so trapped. Dust Precautions 74Dust precautions (1)It shall be the duty of the manager of every mine to ensure that, in connection with the getting, dressing and transporting of minerals below ground in the mine, the giving off of— (a)any dust that is inflammable ; and (b)dust of such character and in such quantity as to be likely to be injurious to the persons employed;is minimised. (2)Where, in connection with the carrying on of any operations or process below ground in a mine or in a building on the surface of a mine, there is given off any dust that is inflammable or dust of such character and in such quantity as to be likely to be injurious to the persons employed, it shall be the duty of the manager of the mine to ensure— (a)that the entry of the dust into the air or its accumulation in any place in circumstances in which its accumulation in that place might be dangerous or harmful is minimised by means of steps in that behalf taken as near as possible to the point of origin of the dust; (b)that any of the dust which enters the air is trapped or so dispersed as to render it harmless; and (c)that any of the dust which is not prevented from accumulating in a place in circumstances in which its accumulation in that place might be dangerous or harmful is either systematically cleaned up and removed to a place where it cannot be dangerous or harmful or treated in manner approved by the Minister for the purpose of rendering it harmless. (3)Regulations may impose upon managers of mines such requirements with respect to the use thereat of prescribed apparatus and the taking thereat of prescribed steps as it may appear to the Minister requisite or expedient to impose for the purpose of attaining any of the objects mentioned in the foregoing provisions of this section; and regulations having effect by virtue of this subsection may provide either that compliance therewith by the manager of a mine is to be taken, either without qualification or to a prescribed extent, as compliance with all or any of the requirements of the said provisions or that compliance with the regulations by the manager of a mine is not necessarily to be taken as compliance with any of the said requirements. Precautions against external Dangers to Workings 75Duty of mine owners and managers to seek evidence of proximity of disused workings, water-bearing strata, and c (1)In the case of every mine, the owner thereof and the manager thereof shall each be charged with the duty— (a)of taking such steps as may be necessary for securing that he is at all material times in possession of all information which indicates or tends to indicate the presence or absence, in the vicinity of any workings carried on or proposed to be carried on in the mine, of— (i)any disused workings (whether mine workings or not); (ii)any rock or stratum containing or likely to contain water (whether dispersed or in natural cavities); (iii)any peat, moss, sand, gravel, silt or other material that is likely to flow when wet; and (b)of taking such steps as may be necessary for the purpose of substantiating any such information which comes into his possession (whether in consequence of the discharge of the duty imposed upon him by the foregoing paragraph or not). (2)In the case of every mine, the owner thereof and the manager thereof shall each be charged with the duty— (a)forthwith after any such information as is mentioned in paragraph (a) of the foregoing subsection comes into his possession (whether in consequence of the discharge of the duty imposed upon him by that paragraph or not), of furnishing to the other particulars of the information; and (b)forthwith after taking any steps in discharge of the duty imposed upon him by paragraph (b) of that subsection, of furnishing to the other particulars of the steps taken and of any conclusion reached as a result of taking them. 76Duty of mine owners and managers to ascertain thickness of strata between workings and surface water (1)It shall be the duty both of the owner and of the manager of every mine to take, with respect to any workings carried on or proposed to be carried on in the mine in the vicinity of the sea, a lake or river or any other body of surface water (whether accumulated naturally or artificially) such steps as may be necessary for ascertaining the total thickness of the strata lying between the workings and the surface water. (2)In the case of every mine, the owner thereof and the manager thereof shall each be charged with the duty, forthwith after obtaining any information in consequence of the discharge of the duty imposed upon him by the foregoing subsection, of furnishing to the other particulars of the information obtained. 77General duty to take precautions against inrushes of gas, water, and c It shall be the duty of the manager of every mine to take, with respect to every working in the mine, such steps as may be necessary to prevent any inrush into the working of gas from disused workings (whether mine workings or not) or of water or material that flows when wet (whether from disused workings or from any other source). 78Powers of inspectors with respect to danger from inrushes of gas, water, and c (1)Where an inspector is of opinion, with respect to a working in a mine, that there is a danger of the occurrence of such an inrush into the working as is mentioned in the last foregoing section, being a danger that in his opinion is capable of being averted, and either no steps for averting the danger have been taken or steps that have been taken for that purpose appear to the inspector to be inadequate or improper, he may serve on the manager of the mine a notice specifying the working, stating that he is of opinion aforesaid with respect thereto, and that, as the case may be, no steps for averting the danger have been taken or steps so taken appear to him to be inadequate or improper, and imposing all or any of the following requirements, that is to say:— (a)a requirement that the manager shall, before the expiration of such period beginning with the date on which the notice becomes operative as may be specified therein, execute such works for the purpose of averting the danger as may be specified in the notice; (b)a requirement that, until such works have been executed, no person shall (save for the purpose of executing the works or saving life) be permitted by the manager to be in the mine or in such part thereof as may be specified in the notice; (c)a requirement that operations for getting minerals in the working shall, to such extent as may be specified in the notice, be discontinued until such works have been executed, or shall not be continued otherwise than in accordance with such a system of working as may be so specified. (2)Where an inspector is of opinion, with respect to a working in a mine, that there is a danger of the occurrence of such an inrush into the working as is mentioned in the last foregoing section, being a danger that in his opinion is not capable of being averted, he may serve on the manager of a mine a notice specifying the working, stating that he is of opinion aforesaid with respect thereto, and requiring that operations for getting minerals in the working be permanently discontinued and, if the inspector thinks fit, imposing, in addition, either or both of the following requirements, that is to say:— (a)a requirement that the manager shall, before the expiration of such period beginning with the date on which the notice becomes operative as may be specified therein, execute such works for the purpose of protecting the rest of the mine as may be so specified ; (b)a requirement that, until such works have been executed, no person shall (save for the purpose of executing the works or saving life) be permitted by the manager to be in the mine or in such part thereof as may be specified in the notice. (3)The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under either of the foregoing subsections, and any such notice shall, if it is so specified therein, become operative forthwith. Duties of Officials and Workmen in Cases of Danger 79Withdrawal of workmen in cases of danger (1)Where inflammable gas is present at a place below ground in a mine in a concentration deemed for the purposes of this section to be excessive, the person in charge of the part of the mine in which that place is situate shall comply with the following requirements, namely:— (a)he shall forthwith cause all persons employed in so much of that part of the mine as appears to him to be affected (hereinafter referred to as the "affected area ") to leave it; (b)unless he is the manager of the mine, he shall, forthwith after complying with the foregoing paragraph, inform his immediate superior and the person in charge of any other part of the mine appearing to him to be likely to be affected that inflammable gas is present at the said place in a concentration deemed as aforesaid to be excessive; (c)so soon after complying with paragraph (b) of this subsection (or, in a case where that paragraph does not apply, paragraph (a) of this subsection) as it is possible so to do without undue risk, he shall himself ascertain, or cause some competent person to ascertain, the condition of the affected area and the measures that it is necessary to take for the purpose of rendering it safe. (2)The foregoing subsection shall, with the requisite modifications, apply where it appears to the person in charge of a part of a mine below ground that there exists at a place in that part a danger constituted— (a)by the presence of inflammable gas (whether or not the concentration thereof is deemed for the purposes of this section to be excessive); or (b)otherwise howsoever;as it applies in the circumstances mentioned in that subsection. (3)Where, on any occasion, persons have been caused to leave an affected area in pursuance of the foregoing provisions of this section, no person shall thereafter be permitted to enter it until both of the following conditions are fulfilled, namely,— (a)that inflammable gas is not present at any place therein in a concentration deemed for the purposes of this section to be excessive; and (b)that the appropriate person is satisfied that it is free from all danger (whether constituted by the presence of inflammable gas or otherwise howsoever):Provided that nothing in this subsection shall be taken to prohibit a person from entering an affected area for the purpose of saving life, giving effect to paragraph (c) of subsection (1) of this section, rendering that area or any other part of the mine safe or ascertaining either the effectiveness of any measures taken for the last-mentioned purpose or whether, apart from this proviso, persons may lawfully be permitted to enter the affected area. (4)Where persons have, on any occasion, been caused to leave an affected area in pursuance of the foregoing provisions of this section, the person who caused them to leave it shall record in a book to be provided for that purpose by the owner of the mine particulars of the reason for his causing them to leave that area and of the matters disclosed as a result of giving effect to paragraph (c) of subsection (1) of this section and subscribe his signature thereto. (5)For the purposes of this section the concentration of inflammable gas present at a place in a mine shall be deemed to be excessive— (a)if, being a place in— (i)a safety lamp mine; or (ii)a part of a mine other than a safety-lamp mine, being a part in which the use of lamps or lights other than permitted lights is unlawful;the amount of such gas present in the general body of the air at that place is not less than two per cent. by volume or, if a greater percentage by volume (not exceeding two and a half) is prescribed, that greater percentage ; (b)if, being a place other than such a place as is mentioned in the foregoing paragraph, either— (i)the amount of such gas present in the general body of the air at that place is not less than one and a quarter per cent. by volume or, if a smaller percentage by volume is prescribed, that smaller percentage; or (ii)an indication of gas is seen at that place on the lowered flame of a safety lamp ;and for the purposes of subsection (3) of this section the appropriate person, in relation to an affected area, shall be the person in charge of the part of the mine which consists of, or includes, that area, except in a case where any of his superiors is present, and in the said excepted case shall be the senior of his superiors present. 80Duty of workmen to deal with, or report, danger If it appears to a person employed at a mine (not being an official of the mine) that a danger affecting the mine or a part thereof has arisen or is about to arise, he shall— (a)if the taking of measures to render the mine or part safe after that danger has arisen or to prevent that danger from arising, as the case may be, falls within the scope of his normal duties, forthwith take those measures; and (b)if not, forthwith report the matter to an official of the mine. Machinery and Apparatus 81Construction, maintenance, and c., of machinery and apparatus (1)All parts and working gear, whether fixed or movable, including the anchoring and fixing appliances, of all machinery and apparatus used as, or forming, part of the equipment of a mine, and all foundations in or to which any such appliances are anchored or fixed shall be of good construction, suitable material, adequate strength and free from patent defect, and shall be properly maintained. (2)Provision may be made by regulations— (a)for imposing such requirements (in addition to those imposed by the foregoing subsection) with respect to the construction, installation, maintenance, use, testing, repair, adjustment, alteration and examination of such machinery or apparatus as aforesaid as appear to the Minister to be expedient in the interests of the safety or health of persons employed at mines; and (b)for prohibiting the installation at mines of machinery or apparatus constructed in contravention of the regulations. 82Fencing of exposed parts of machinery (1)Subject to the provisions of this section, every flywheel and every other dangerous exposed part of any machinery used as, or forming, part of the equipment of a mine shall be securely fenced ; and where means of fencing are prescribed with respect to any such part of any such machinery as aforesaid, the fencing provided in pursuance of the foregoing provisions of this subsection for that part shall be provided by those means. (2)It shall be the duty of the manager of every mine to ensure that fencing provided in pursuance of the foregoing subsection is properly maintained and is kept in position while the parts required to be fenced are in motion or in use, except where such parts are exposed for an examination or adjustment which it is necessary to carry out while they are in motion or use and all such conditions as may be prescribed are complied with. 83Restrictions on use below ground of certain engines, and c No internal combustion engine, steam boiler or locomotive shall be used below ground in a mine otherwise than in accordance with the provisions of regulations in that behalf or with the consent of the Minister or an inspector. 84Air, gas and steam containers (1)All apparatus used as, or forming, part of the equipment of a mine, being apparatus which contains or produces air, gas or steam at a pressure greater than atmospheric pressure shall be so constructed, installed, maintained and used as to obviate any risk from fire, bursting, explosion or collapse or the production of noxious gases. (2)Provision may be made by regulations for prohibiting the installation at mines of such apparatus as aforesaid at places of such descriptions as may be prescribed and for requiring reports to be made of the results of examinations thereof made in pursuance of provisions of regulations having effect by virtue of section eighty-one of this Act. (3)The Minister may at any time require any such apparatus as aforesaid at a mine to be examined by a person nominated by him and the manager of the mine shall give the necessary facilities for the examination ; and if, as a result of the examination, it appears that any report of the result of an examination of the apparatus (being a report made in pursuance of regulations having effect by virtue of the last foregoing subsection) was inadequate or inaccurate in a material particular, the cost of the examination under this subsection shall be recoverable by the Minister from the owner of the mine. 85Loading of cranes, and c (1)There shall be plainly marked on every crane, crab and winch used as, or forming, part of the equipment of a mine the safe working load or loads thereof, except that, in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load. (2)No person shall, except for the purpose of a test, load any such crane, crab or winch as aforesaid beyond the safe working load marked or indicated thereon in pursuance of the foregoing subsection. (3)This section shall not apply to winding apparatus with which a mine shaft or staple-pit is provided or to any rope haulage apparatus, and regulations may provide that this section shall not apply to any other apparatus of a prescribed class. Buildings, Structures, Means of Access, &c 86Buildings and structures to be kept safe All buildings and structures on the surface of a mine shall be kept in safe condition. 87Safe means of access and safe means of employment (1)There shall be provided and maintained safe means of access to every place in or on a building or structure on the surface of a mine, being a place at which any person has at any time to work. (2)Where a person is to work at any such place as aforesaid from which he will be liable to fall a distance of more than ten feet, then, unless the place is one which affords secure foothold and, where necessary, secure hand-hold, means shall be provided by fencing or otherwise for ensuring his safety. Training and Discipline 88Restriction on doing of work by unskilled persons It shall be the duty of the manager of every mine to secure that no person is employed thereat in any work otherwise than under the instruction and supervision of some person competent to give instruction in, and supervise, the doing of that work, unless the first-mentioned person has received adequate instruction in, and (where necessary) training for, the doing of that work and is competent to do it without supervision. 89Penalization of failure to observe safety directions, and c A person employed at a mine who contravenes— (a)any transport or support rules having effect with respect to the mine ; or (b)any directions given to him by or on behalf of the owner or manager of the mine or any rule made by the manager of the mine for regulating the conduct either of all persons employed thereat or any class of persons so employed to which that person belongs, being directions given, or a rule made, for the purpose of securing compliance with this Act, orders made thereunder or regulations or any transport or support rules having effect with respect to the mine or of securing the safety or health of that person or any other person employed at the mine ;shall be guilty of an offence. 90Penalization of negligent acts or omissions and unauthorised removal, and c, of articles (1)A person who negligently or wilfully does at a mine anything likely to endanger the safety of the mine or the safety or health of persons thereat or negligently or wilfully omits to do at a mine anything necessary for securing the safety of the mine or the safety or health of persons thereat shall be guilty of an offence. (2)A person (not being an official of the mine) who, without permission granted by such an official, removes, alters or tampers with anything provided at a mine for the purpose of securing the safety or health of persons employed thereat shall be guilty of an offence. First Aid 91First aid (1)It shall be the duty of the manager of every mine to secure the provision thereat of adequate facilities and equipment for the purpose of rendering first-aid to persons employed at the mine who, while so employed, suffer bodily injury or become ill. (2)Regulations may— (a)determine for mines of any class what are adequate facilities and equipment for the purposes of the foregoing subsection; (b)require the attendance at mines during working hours of persons trained in first-aid treatment and the making and carrying out at mines— (i)as respects persons who, while employed below ground thereat, suffer bodily injury or become ill, of such arrangements for their conveyance from the place where they were injured or became ill to the surface as may be prescribed; and (ii)as respects persons who, while employed thereat (whether above or below ground), suffer bodily injury or become ill, of such arrangements for their conveyance (where necessary) to hospitals or their homes as may be prescribed. Medical Examinations and Prohibition of Heavy Work 92Medical examination of young persons Provision may be made by regulations for requiring young persons employed or seeking employment at mines to submit themselves for medical examination and for prohibiting the employment at a mine, either absolutely or in a particular capacity or in particular work, of— (a)a young person who upon being required to submit him self for medical examination in accordance with the regulations fails without reasonable cause to do so; (b)a young person as to whom it is determined in accordance with the regulations that, by reason of his physical or mental condition, he is unfit for such employment or for such employment in that capacity or in that work, as the case may be. 93Prohibition of heavy work by women and young persons A woman or young person shall not be employed at a mine to lift, carry or move a load so heavy as to be likely to cause injury to that woman or young person. General Welfare Provisions 94Sanitary conveniences (1)It shall be the duty of the manager of every mine to secure the provision thereat (as well below as above ground) of sufficient and suitable sanitary conveniences for the use of persons employed thereat being, in a case where persons of both sexes are, or are intended to be, so employed, conveniences affording proper separate accommodation for persons of each sex. (2)All sanitary conveniences provided in pursuance of the foregoing subsection shall be kept clean and properly maintained and reasonable provision shall be made for lighting them. 95Measures against vermin and insects (1)It shall be the duty of the owner of every mine to take such steps as are necessary to secure that all parts of the mine below ground are kept free from rats and mice, and provision may be made by regulations for requiring owners of mines to take steps for the destruction below ground therein of insects or any prescribed class of insects or otherwise for keeping parts of mines below ground free from insects or any prescribed class of insects. (2)Nothing in this section shall be construed as excluding the application to parts of mines below ground of any of the provisions of the Prevention of Damage by Pests Act, 1949. 96Welfare regulations Regulations may impose such requirements with respect to the provision and maintenance, for the use of persons employed at mines, of— (a)washing facilities, including soap and clean towels or other suitable means of cleaning and drying; (b)accommodation and facilities for changing into clothing worn during working hours and for storing and drying clothing so worn and clothing not so worn ; and (c)canteens, or accommodation and facilities (including facilities for heating food and boiling water) for enabling such persons to partake of meals provided by themselves;as appear to the Minister to be expedient for the purpose of securing the welfare of such persons. 97Supply of drinking water There shall be provided and maintained on the surface of every mine, at suitable points conveniently accessible to all persons employed at the mine, an adequate supply of wholesome drinking water. Part IV Management and Control (Quarries) 98Appointment of quarry managers (1)Subject to the following provisions of this Act, no quarry shall be worked unless either— (a)there is a sole manager of the quarry, being an individual, and every part thereof is within his jurisdiction ; or (b)there are two or more managers of the quarry, being individuals, and the following conditions are satisfied, namely,— (i)that every part of the quarry is within the jurisdiction of some one of the managers but not within the jurisdiction of any of the others; and (ii)that the parts of the quarry over which they severally exercise jurisdiction are defined by an instrument in writing executed by the owner of the quarry and lodged with the inspector for the district and approved by him by notice served on the owner. (2)Approval for the purposes of sub-paragraph (ii) of paragraph (b) of the foregoing subsection shall, in the case of a quarry, not be withheld or withdrawn by an inspector unless he is satisfied that failure to withhold or withdraw it would or might be likely to result in the safety or health of the persons employed at that quarry being prejudiced. (3)A manager of a quarry shall be appointed by the owner thereof who, if an individual, may appoint himself. 99General powers and duties of quarry managers Subject to the provisions of the next following section— (a)a sole manager of a quarry shall have the management and control of the quarry, exercisable subject to any instructions given to him by or on behalf of the owner of the quarry, and shall also have the duty of securing the discharge by all others of obligations imposed on them with respect to the quarry by or by virtue of the following provisions of this Act; and (b)a manager of a quarry who is not the sole manager thereof shall have the management and control, exercisable as aforesaid, of the part of the quarry over which his jurisdiction extends, and shall also have the duty of securing, so far as regards that part, the discharge by all others of such obligations as aforesaid. 100Power of quarry owner to exclude matters from manager's control (1)In the case of any quarry, there shall be excepted from the management and control vested in a manager thereof by the last foregoing section any matter responsibility for which is for the time being reserved to himself by the owner of the quarry by instrument in writing executed by him and lodged with the inspector for the district, and a manager of a quarry shall not, so far as regards any matter which, by virtue of the foregoing provisions of this subsection, is excepted from the management and control vested in him as aforesaid, be concerned to secure compliance with any requirement imposed with respect to the quarry by or by virtue of this Act. (2)If the inspector for the district is of opinion that, in the case of a quarry, reservation to the owner thereof, by an instrument lodged with the inspector for the purposes of the foregoing subsection, of responsibility for any particular matter is, or might be, likely to prejudice the safety or health of persons employed at that quarry, the inspector may, by notice served on the owner, direct that the instrument shall, to the extent of the reservation, be of no effect. (3)Nothing in subsection (1) of this section shall be construed as authorising the divestment of, or as operating to divest, a manager of a quarry of any duty expressly imposed on him by or by virtue of the following provisions of this Act. 101Rights of quarry manager with respect to instructions given by or on behalf of owner (1)Any instructions given to a manager of a quarry by or on behalf of the owner thereof, being instructions affecting the fulfilment, in relation to the quarry, by the manager of statutory responsibilities of his shall, so far as they are not written, be confirmed in writing by the person by whom they were, given forthwith after the making of a request in that behalf by that manager. (2)Except in a case of emergency, neither the owner of a quarry nor a person acting on his behalf shall, except with the consent of a manager of the quarry, give, otherwise than through that manager, to a person employed at the quarry who is responsible to that manager, any instructions affecting the discharge of that person's duties in relation to a matter over which the management and control vested in that manager by section ninety-nine of this Act extends; and where the owner of a quarry or a person acting on his behalf gives, in either of the said excepted cases, instructions which, apart from the exception, would be required to be given through a manager of the quarry, the person who gave the instructions shall, forthwith after he has given them, inform the manager through whom, apart from the exception, the instructions would have been required to be given of the substance thereof and, if requested so to do by him, confirm them in writing forthwith after the making of the request. The foregoing provisions of this subsection shall not apply to any instructions given to a person responsible to a manager of a quarry by a person who is himself responsible to that manager for those instructions. 102Temporary appointments during vacancy in office of quarry manager (1)Where a manager of a quarry dies, resigns or otherwise ceases to hold office, nothing in section ninety-eight of this Act shall prevent the quarry being worked at any time during a period not exceeding seventy-two days (or such longer period as an inspector may allow) until a successor is appointed, if at that time there is a person appointed by the owner of the quarry to exercise and perform, in the event of that manager's ceasing to hold office, his powers and duties until a successor is appointed, being a person who has the like jurisdiction as that manager had immediately before he ceased to hold office. (2)A person appointed by the owner of a quarry as mentioned in the foregoing subsection shall, so far as regards any period during which he acts in exercise of his appointment, be treated for the purposes of this Act and regulations— (a)if he is acting in the place of a sole manager of the quarry to which the appointment relates, in all respects as if he were the sole manager thereof; (b)if not, in all respects as if he were a manager of the quarry with the like jurisdiction as the manager in whose place he is acting. 103Supervision by quarry managers (1)No quarry of which there is a sole manager shall be worked unless close and effective supervision over all operations in progress thereat is exercised by the manager or, during any period during which he is absent on leave or is prevented from exercising such supervision by sickness or other cause beyond his control, by a person appointed by the owner of the quarry to exercise such supervision during any such period, and no quarry of which there are two or more managers shall be worked unless close and effective supervision is exercised by each manager or, during any such period as aforesaid, by a person appointed as aforesaid, over all operations in progress in every part of the quarry to which the jurisdiction of that manager extends:Provided that nothing in the foregoing provisions of this subsection shall be construed as requiring the supervision thereby required to be exercised by a manager of a quarry to extend to any operation in so far as it involves matters which, by virtue of section one hundred of this Act, are excepted from the management and control vested in him by section ninety-nine thereof. (2)A person appointed by the owner of a quarry as mentioned in the foregoing subsection shall, so far as regards any period during which he acts in exercise of his appointment, be treated for the purposes of this Act and regulations— (a)where there is a sole manager of the quarry to which the appointment relates, in all respects as if he were sole manager thereof; (b)where there are two or more managers of that quarry, in all respects as if he were the manager whose absence or inability to act is the occasion for his acting in exercise of his appointment;but nothing in the foregoing provisions of this subsection shall be construed as divesting a manager of a quarry of any power, or relieving him from any duty or liability, conferred or imposed on him by or by virtue of this Act. 104Power to require qualified manager where certain quarrying operations are carried on Regulations may prohibit the carrying on at a quarry of operations of a prescribed class unless the part of the quarry in which operations of that class are carried on is within the jurisdiction of a manager who has the prescribed qualifications, and any such regulations may— (a)make such provision for rendering temporarily inapplicable the prohibition thereby imposed as it appears to the Minister requisite or expedient to make for the purpose of avoiding, in the case of a manager's ceasing to hold office, sudden cessation of the carrying on at the quarry of operations of that class ; (b)provide that the last foregoing section shall not operate to authorise the working of a quarry by virtue of the exercise, over operations of that class, of supervision by a person other man a manager, unless that person has the prescribed qualifications; and (c)confer upon a manager of a quarry who has the prescribed qualifications, with respect to instructions given by or on behalf of the owner of the quarry, such rights to require written confirmation of the instructions as a condition precedent to the execution thereof (whether by himself or another) as it may appear to the Minister requisite or expedient to confer on the manager for the purpose of securing that the safety and health of persons employed at the quarry is not prejudiced or that the manager is not impeded in the discharge of duties imposed on him by or by virtue of this Act. 105Duties of quarry managers and owners with respect to reading of reports, and c (1)It shall be the duty of every manager of a quarry, with respect to each report, record or other item of information which in pursuance of this Act or regulations is entered in a book which by or by virtue of this Act is required to be provided for that purpose by the owner of the quarry, either to read it himself forthwith or to secure that it is read forthwith by some other competent person and that there is promptly brought to his notice any matter disclosed by the report, record or other item of information which relates to a matter over which the management and control vested in him by section ninety-nine of this Act extends and either is of an abnormal or unusual nature as regards the quarry or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the manager or any other person. (2)Where responsibility for any matter is for the time being duly reserved to the owner of a quarry, it shall be his duty, with respect to each such report, record or other item of information as aforesaid, either to read it himself forthwith or to secure that it is read forthwith by some other competent person and that there is promptly brought to his notice any matter disclosed by the report, record or other item of information which relates to the matter responsibility for which is so reserved and either is of an abnormal or unusual nature as regards the quarry or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the owner or any other person. 106Officials, and c Regulations may require the appointment by owners or managers of quarries, for the purpose of supervising, inspecting or conducting thereat, or in relation thereto, such operations or matters as may be prescribed, of such officials, engineers or technicians or other competent persons as may be prescribed, and regulations made by virtue of this section may prescribe the qualifications to be held and the duties to be discharged by the persons thereby required to be appointed. 107Notification to district inspector of appointments by quarry owners Forthwith after the appointment by the owner of a quarry of a person to be a manager thereof, to exercise and perform, in the event of a manager thereof ceasing to hold office, his powers and duties until a successor is appointed, or to exercise close and effective supervision during a period when a manager of the quarry is absent or unable to exercise such supervision, the owner shall give to the inspector for the district notice, in such form as may be specified by the Minister, of the making of the appointment and of the name and address of the person appointed. Part V Safety, Health and Welfare (Quarries) 108Provisions for securing safe methods of working (1)It shall be the duty of every manager of a quarry to secure that any quarrying operations carried on in a part of the quarry to which his jurisdiction extends are so carried on as to avoid danger from falls (whether within or outside that part and whether of the minerals worked or any other substance). (2)Without prejudice to the generality of the foregoing subsection, every manager of a quarry shall secure that, in no part of the quarry to which his jurisdiction extends, shall the face or sides of the quarry or any gallery thereon be so worked as to cause any overhanging:Provided that— (a)if the Minister is satisfied with respect to any prescribed class of quarries that, having regard to the system of working quarries of that class and the natural condition of the minerals thereof, fulfilment of the requirement imposed, by the foregoing provisions of this subsection is unnecessary to secure the safety of persons employed thereat, regulations may provide that quarries of that class or such parts thereof as may be prescribed shall be exempted from that requirement; and (b)if an inspector is satisfied with respect to a particular quarry that, having regard to the system of working the quarry and the natural condition of the minerals thereof, fulfilment of that requirement is unnecessary to secure the safety of persons employed thereat, he may, by notice served on the owner of the quarry, exempt the quarry or such part thereof as may be specified in the notice from that requirement. 109Safe means of access to working places Without prejudice to the provisions of section eighty-seven of this Act as applied to quarries by this Part of this Act, there shall be, provided and maintained safe means of access to every place at a quarry at which any person has at any time to work. 110Provisions relating to use of ropeways and vehicles (1)After the expiration of the period of two years beginning with the commencement of this Act, no ropeway and no vehicle running on rails shall, except in such cases and in accordance with such conditions, if any, as may be prescribed, be used at a quarry for the purpose of carrying persons employed thereat to or from their working places. (2)So long as vehicles running on rails are used at a quarry, there shall be provided, maintained and used, either at the quarry or on the vehicles or both at the quarry and on the vehicles, such safety devices as are necessary to prevent the occurrence of accidents likely to cause bodily injury to persons, being accidents caused by any such vehicles' running away; and every device provided in pursuance of this subsection shall be of a kind designed to assume automatically the position in which it operates for the purpose for which it is designed, save in a case where there is good reason for not providing a device of that kind. (3)In addition to the provision, in pursuance of the last foregoing subsection, of such safety devices as are therein mentioned, there shall be taken, as respects a person who, otherwise than as a matter of routine, is at work at a place in a quarry through which vehicles are running on rails or are accustomed so to run, such steps as are necessary to protect him from bodily injury in the event of any such vehicles' running away while he is at work at that place. 111Lighting It shall be the duty of the owner of every quarry— (a)to secure the provision, in each part of the quarry in which persons work at a time when natural light is insufficient to enable them to work in safety and in each part of the quarry through which persons pass at a time when natural light is insufficient to enable them to pass in safety, of suitable and sufficient artificial lighting; and (b)to secure that all apparatus installed at the quarry for producing artificial lighting thereat is properly maintained. 112Dust precautions (1)Where, in connection with the carrying on of a process at a quarry, elsewhere than in a building thereat, there is given off dust of such character and in such quantity as to be likely to be injurious to the persons employed, it shall be the duty of every manager of the quarry to ensure that there are taken in every part of the quarry to which his jurisdiction extends such steps as are necessary to protect those persons against inhalation of the dust. (2)Where, in connection with the carrying on of any operations or process in a building at a quarry, there is given off dust of such character and in such quantity as to be likely to be injurious to the persons employed, it shall be the duty of the manager of the quarry (or, if there are two or more managers, of that one of them within whose jurisdiction the building is situate) to ensure— (a)that the entry of the dust into the air or its accumulation in any place in circumstances in which its accumulation in that place might be harmful is minimised by means of steps in that behalf taken as near as possible to the point of origin of the dust; (b)that any of the dust which enters the air is trapped or so dispersed as to render it harmless ; and (c)that any of the dust which is not prevented from accumulating in a place in circumstances in which its accumulation in that place might be harmful is either systematically cleaned up and removed to a place where it cannot be harmful or treated in manner approved by the Minister for the purpose of rendering it harmless. (3)Regulations may impose upon managers of quarries such requirements with respect to the use thereat of prescribed apparatus and the taking thereat of prescribed steps as it may appear to the Minister requisite or expedient to impose for the purpose of attaining any of the objects mentioned in the foregoing provisions of this section ; and regulations having effect by virtue of this subsection may provide either that compliance therewith by a manager of a quarry is to be taken, either without qualification or to a prescribed extent, as compliance with all or any of the requirements of the said provisions or that compliance with the regulations by a manager of a quarry is not necessarily to be taken as compliance with any of the said requirements. 113Withdrawal of workmen in cases of danger (1)Where the person in charge of a part of a quarry is of opinion that a danger exists at any place in that part, he shall comply with the following requirements, namely:— (a)he shall forthwith cause all persons employed in so much of that part as appears to him to be affected (hereinafter referred to as the " affected area ") to leave it; (b)unless he is a manager of the quarry, he shall, forthwith after complying with the foregoing paragraph, inform his immediate superior or, in a case where he is responsible to two or more immediate superiors, each of them within whose jurisdiction any part of the affected area is situated, that the danger exists ; (c)so soon after complying with paragraph (b) of this subsection (or, in a case where that paragraph does not apply, paragraph (a) of this subsection) as it is possible so to do without undue risk, he shall himself ascertain, or cause some competent person to ascertain, the condition of the affected area and the measures that it is necessary to take for the purpose of rendering it safe. (2)Where, on any occasion, persons have been caused to leave an affected area in pursuance of the foregoing subsection, no person shall thereafter be permitted to enter it so long as the person in charge of it is not satisfied that it is free from all danger:Provided that nothing in this subsection shall be taken to prohibit a person from entering an affected area for the purpose of saving life, giving effect to paragraph (c) of the foregoing subsection, rendering that area or any other part of the quarry safe, or ascertaining either the effectiveness of any measures taken for the last-mentioned purpose or whether, apart from this proviso, persons may lawfully be permitted to enter the affected area. (3)Where persons have, on any occasion, been caused to leave an affected area in pursuance of subsection (1) of this section, the person who caused them to leave it shall record in a book to be provided for that purpose by the owner of the quarry particulars of the reason for his causing them to leave that area and of the matters disclosed as a result of giving effect to paragraph (c) of that subsection and subscribe his signature thereto. 114Miscellaneous provisions for securing safety of persons employed (1)Provision may be made by regulations with respect to any of the following matters, namely,— (a)the generation, storage, transformation, transmission and use of electricity at quarries and the use, construction, installation, examination, repair, maintenance, alteration, adjustment and testing of electrical apparatus and electric cables thereat; (b)the supply, storage and use at quarries of blasting materials and devices; (c)the provision and maintenance at quarries of apparatus for the purpose of preventing and combating outbreaks of fire thereat. (2)In this section the expression "blasting materials and devices " has the same meaning as in section sixty-nine of this Act. 115Application of certain provisions of Part III of this Act The following provisions of this Act, namely, section seventy-three, sections eighty to eighty-two and eighty-four to eighty-eight, section eighty-nine (save in so far as it relates to transport or support rules), section ninety, section ninety-one (save in so far as it relates to persons employed below ground) and sections ninety4wo, ninety-three, ninety-six and ninety-seven, shall apply to quarries as they apply to mines with the substitution, for references to mines, of references to quarries and subject also to the following additional modifications, that is to say:— (a)for references in sections eighty-two, eighty-four, eighty-eight and ninety-one to the manager there shall be substituted references to the owner and for references in section eighty-nine to the manager there shall be substituted references to any manager ; (b)the reference to winding apparatus in subsection (3) of section eighty-five shall be omitted; and (c)for the words " on the surface of " in sections eighty-six, eighty-seven and ninety-seven there shall be substituted the word “at”. Part VI Notification and Investigation of Accidents and Diseases Notification 116Notification of certain accidents (1)Where an accident occurs at a mine or quarry which causes the death of, or serious bodily injury to, a person employed at the mine or quarry, notice of the accident, in such form and accompanied by such particulars as may be specified by the Minister, shall forthwith be given by the responsible person to the inspector for the district and to such person as may for the time being be nominated— (a)in a case where there is an association or body representative of a majority of the total number of persons employed at the mine or quarry, by that association or body; (b)in any other case, jointly by associations or bodies which are together representative of such a majority ;to receive on behalf of the persons so employed notices under this subsection. (2)Where an accident causing serious bodily injury is notified under this section, and after notification thereof results in the death of the person injured, notice of the death shall, so soon as it comes to the knowledge of the responsible person, be given by him to the inspector for the district and the person nominated as aforesaid. (3)Where an accident to which this section applies occurs to a person employed at a mine or quarry and the owner of the mine or quarry is not the actual employer of that person, the actual employer shall, if he fails to report the accident to the responsible person immediately, be guilty of an offence. 117Power to extend to other dangerous occurrences provisions as to notification of accidents (1)If the Minister is of opinion that any special class of occurrences at mines or quarries is of so dangerous a nature as to render it expedient that notice should be given under the last foregoing section in every case thereof, he may by order extend the provisions of that section to occurrences of that class, whether death or serious bodily injury is thereby caused or not. (2)In any proceedings taken under this Act in respect of a failure to give notice of an occurrence of any kind at a mine or quarry, being proceedings which could not be taken apart from an order under this section, it shall be a defence for the person charged to prove that he was not aware of the occurrence and that he had taken all reasonable steps for having occurrences of that kind brought to his notice, 118Power to apply to diseases provisions as to notification of accidents (1)The Minister may by order apply (subject to such exceptions, adaptations and modifications, if any, as may be specified in the order) the provisions of section one hundred and sixteen of this Act to the contraction, by a person employed at a mine or quarry, of any such disease as may be specified in the order. (2)In any proceedings which, by virtue of an order under this section, are taken under this Act in respect of a failure to give notice of the contraction by a person employed at a mine or quarry of a disease, it shall be a defence for the person charged to prove that he was not aware that the first-mentioned person had contracted the disease. 119Inquest in case of death by accident (1)Where a coroner holds an inquest on the body of a person whose death may have been caused by an accident at a mine or quarry, the coroner shall adjourn the inquest unless an inspector or some other person on behalf of the Minister is present to watch the proceedings, and shall, at least four days before holding the adjourned inquest, give to the inspector for the district notice of the time and place of holding the adjourned inquest:Provided that— (a)the coroner, before the adjournment, may take evidence to identify the body and may order the interment thereof; and (b)if the inquest relates to the death of not more than one person, the coroner shall not be bound to adjourn the inquest in pursuance of this section if, not less than twenty-four hours before it is held, he informed the inspector for the district of the time and place of the holding thereof. (2)Where evidence is given at any such inquest at which an inspector is not present of any neglect as having caused or contributed to the accident, or of any defect at the mine or quarry appearing to the coroner or jury to require a remedy, the coroner shall give to the inspector for the district notice of the neglect or defect. 120Site of accident or other dangerous occurrence to be left undisturbed Where there occurs at a mine or quarry an accident or other occurrence (being in either case one of which notice is required by this Act to be given), no person shall disturb the place where it occurred or tamper with anything thereat before— (a)the expiration of three clear days after notification of the accident or other occurrence in accordance with this Act; or (b)that place has been both visited by an inspector and inspected in exercise of the powers in that behalf conferred by the provisions of this Act relating to workmen's inspections;whichever first occurs: Provided that— (i)nothing in this section shall prohibit the doing of anything by or with the consent of an inspector; and (ii)in any proceedings taken in respect of a contravention of this section consisting of the doing of any act, it shall be a defence to prove that the doing of that act was necessary for securing the safety of the mine or quarry or persons thereat. Investigations 121Power of Minister to require special report on accident or other dangerous occurrence Where there occurs at a mine or quarry an accident or other occurrence (being in either case one of which notice is required by this Act to be given) the Minister may, at any time, direct an inspector to make a special report with respect thereto, and the Minister may cause any such report to be made public at such time and in such manner as he thinks fit. 122Power of Minister to direct public inquiry into accident or other dangerous occurrence (1)The Minister may, where he thinks it expedient so to do, direct a public inquiry to be held into an accident or other occurrence at a mine or quarry (being in either case one of which notice is required by this Act to be given) and of its causes and circumstances. (2)The provisions of the First Schedule to this Act shall have effect with respect to any such inquiry. (3)Where the Minister directs a public inquiry to be held into such an accident or other occurrence as aforesaid in Scotland, being one causing the death of any person, no inquiry with regard to that death shall, unless the Lord Advocate otherwise directs, be held in pursuance of the Fatal Accidents Inquiry (Scotland) Act, 1895. Part VII Workmen's Inspections 123Inspections of mines and quarries on behalf of workmen employed thereat (1)For the purpose of enabling inspections to be carried out at a mine or quarry on behalf of the persons employed thereat, a panel of persons each of whom has had not less than five years practical experience of mining or, as the case may be, of quarrying operations may be appointed for that mine or quarry— (a)in a case where there is an association or body representative of a majority of the total number of persons employed at the mine or quarry, by that association or body; (b)in any other case, jointly by associations or bodies which are together representative of such a majority. (2)The owner of a mine or quarry shall be under an obligation to permit such inspections to be carried out thereat by members of the panel appointed therefor under subsection (1) of this section as will enable every part of the mine or quarry and the equipment thereof to be inspected once at least in every month by two of those members together (of whom one at least is employed at the mine or quarry). (3)Where there occurs at a mine or quarry an accident or other occurrence (being in either case one of which notice is required by this Act to be given), any two members of the panel appointed, for the mine or quarry under subsection (1) of this section (of whom one at least is employed at the mine or quarry) may together inspect the place where the accident or other occurrence occurred and, so far as necessary for the purpose of ascertaining its cause, any other part of the mine or quarry and any machinery, apparatus or other thing thereat, and may take samples of the atmosphere at that place and of any dust or water thereat. (4)Nothing in subsection (2) or (3) of this section shall be construed as precluding the making, as respects a mine or quarry, of an agreement between the owner thereof and the association or body (or, as the case may be, associations or bodies) by whom a panel therefor is appointed under subsection (1) of this section with respect to the carrying out, by members of that panel, of inspections at the mine or quarry, so, however, that no such agreement shall operate so as in any way to abridge the rights conferred by the said subsections (2) and (3). (5)On any occasion on which members of a panel appointed for a mine or quarry under subsection (1) of this section carry out, by virtue of subsection (2) or (3) of this section or of any such agreement as is mentioned in subsection (4) thereof, an inspection at the mine or quarry, they— (a)shall be entitled to inspect any documents which by or by virtue of this Act are required to be kept at the office at the mine or quarry or at such other place as may be approved by an inspector ; (b)shall be entitled to be accompanied by advisers of theirs, but shall not be entitled to preclude from accompanying them any of the following persons, that is to say,— (i)in the case of an inspection at a mine, the owner thereof and any person nominated by him, the manager thereof and any person nominated by him and any under-manager thereof; (ii)in the case of an inspection at a quarry, the owner thereof and any person nominated by him and any manager thereof and any person nominated by him. (6)On any occasion on which members of a panel appointed under subsection (1) of this section for a mine or quarry are, by virtue of subsection (2) or (3) of this section or of any such agreement as is mentioned in subsection (4) thereof, carrying out an inspection at the mine or quarry, it shall be the duty of all persons employed thereat to afford to those members such facilities and assistance with respect to matters or things to which the respective responsibilities of those persons extend as are requisite for the purpose of carrying out the inspection, and where the inspection is carried out by virtue of subsection (2) of this section or of any such agreement as is mentioned in subsection (4) thereof, it shall be the duty— (a)where the inspection is carried out at a mine, of the manager thereof; and (b)where the inspection is carried out at a quarry, of any manager thereof,if requested so to do by the said members, to furnish to them any information in his possession which relates to the nature or extent of any workings proposed to be carried on in the mine or quarry. (7)Forthwith after members of a panel appointed under subsection (1) of this section for a mine or quarry have, on any occasion, completed an inspection carried out thereat by virtue of subsection (2) or (3) of this section or of any such agreement as is mentioned in subsection (4) thereof, they shall make, in a book to be provided for that purpose by the owner of the mine or quarry, a full and accurate report of the matters ascertained as a result of the inspection and shall subscribe their signatures thereto. (8)Forthwith after a report has, in pursuance of the last foregoing subsection, been made of matters ascertained as a result of an inspection carried out at a mine or quarry, a true copy thereof shall be sent to the inspector for the district and another such copy shall be posted in some conspicuous position at the mine or quarry and kept posted there for a period of twenty-four hours. Part VIII Employment of Women and Young Persons Prohibition of Employment below Ground 124Prohibition of employment below ground in certain cases (1)No female shall be employed below ground at a mine. (2)After such day as may be appointed by order of the Minister in relation to mines of any class, no male young person who has not attained the age of sixteen shall be employed below ground in a mine of that class except for the purpose of receiving instruction of such description as may be prescribed. Hours of Work 125Provisions as to hours worked by women and young persons (1)The hours worked and the intervals for meals and rest for every woman or young person employed above ground at a mine or employed at a quarry shall conform to the following conditions, namely,— (a)the total hours worked, exclusive of intervals allowed for meals and rest, shall neither exceed nine in any day nor exceed forty-eight in any week and, except in the case of a male young person who has attained the age of sixteen, shall not exceed eight hours in any day unless the intervals allowed for meals and rest between spells amount to not less than one and a half hours; (b)a woman or young person shall not be employed continuously for a spell of more than four and a half hours without an interval of at least half an hour for a meal or rest, so, however, that where an interval of not less than ten minutes is allowed in the course of a spell, the spell may be increased to five hours. (2)The total hours worked by a young person employed below ground at a mine other than of coal, stratified ironstone, shale or fireclay (including intervals allowed for meals and rest, the period between the time at which he is required to attend for the purpose of going below ground and the time at which he arrives at his working place and the period between the time at which he leaves his working place and the time at which he returns to the surface) shall neither exceed nine in any day nor exceed forty-eight in any week. 126Periods of employment of females and of male young persons under sixteen (1)The period of employment of a woman employed at a mine or quarry shall neither begin earlier than six o'clock in the morning nor end later than ten o'clock in the evening or, on Saturday, two o'clock in the afternoon. (2)The period of employment of a female young person employed at a mine or quarry or of a male young person who has not attained the age of sixteen employed above ground at a mine or at a quarry shall neither begin earlier than six o'clock in the morning nor end later than nine o'clock in the evening or, on Saturday, two o'clock in the afternoon. (3)The period of employment of a male young person who has not attained the age of sixteen employed below ground at a mine shall neither begin earlier than six o'clock in the morning nor end later than ten o'clock in the evening or, on Saturday, two o'clock in the afternoon. (4)In the case of a woman employed at a mine or quarry and in the case of any such young person as is mentioned in subsection (2) or (3) of this section who is so employed, there shall be an interval of not less than twelve hours between successive periods of employment. (5)No woman and no such young person as is mentioned in subsection (2) or (3) of this section shall be employed at a mine or quarry on Sunday. 127Periods of employment of male young persons over sixteen (1)Subject to the following provisions of this section and to the following provisions of this Part of this Act relating to special exceptions, the period of employment of a male young person who has attained the age of sixteen employed at a mine (whether above or below ground) or at a quarry shall neither begin earlier than six o'clock in the morning nor end later than ten o'clock in the evening, so, however, that no such young person shall be so employed at any time on a Saturday after two o'clock in the afternoon or on a Sunday except in the carrying out of work of surveying, measuring, repair or maintenance, being work of a description which requires to be done at that time. (2)In the case of any mine or quarry, the responsible person, if authorised so to do, may by notice posted at the mine or quarry give either or both of the following directions, namely,— (a)a direction that the foregoing subsection shall, in relation to all such young persons as aforesaid employed at the mine or quarry, have effect with the substitution, for the reference to six o'clock in the morning, of a reference to such earlier time (not being earlier than five o'clock in the morning) as may be specified in the notice; (b)a direction that that subsection shall, in relation to all such young persons as aforesaid employed at the mine or quarry, have effect with the substitution, for the reference to ten o'clock in the evening, of a reference to such later time (not being later than eleven o'clock in the evening) as may be so specified:Provided that where, in relation to a mine or quarry, a direction is given under each of the foregoing paragraphs, the directions shall be void if their combined effect is to extend the period of employment of the young persons employed at the mine or quarry by more than one hour. Authority for the giving of directions under this subsection may be given— (i)in the case of all mines or quarries or mines or quarries of any class, by order of the Minister ; (ii)in the case of a particular mine or quarry, by notice served by an inspector on the responsible person. (3)In the case of any such young person as is mentioned in subsection (1) of this section who is employed at a mine or quarry, there shall be an interval of not less than twelve hours between successive periods of employment. (4)Where such a young person as is mentioned in subsection (1) of this section is employed at a mine or quarry on a Saturday after two o'clock in the afternoon, he shall not be employed at the mine or quarry after two o'clock in the afternoon on one of the days falling between the next following Sunday and the next following Saturday, and where such a young person is so employed on a Sunday he shall not be employed at the mine or quarry at any time on one of the days falling between that day and the next following Saturday. 128Notice fixing periods of employment, and c (1)It shall, in the case of every mine and quarry, be the duty of the responsible person to fix within the limits allowed by or by virtue of the foregoing provisions of this Part of this Act and to specify in a notice which shall be posted at the mine or quarry in such form as the Minister may specify— (a)the period of employment for each day of the week for the women and young persons employed at the mine or quarry whose hours worked are regulated by section one hundred and twenty-five of this Act; (b)any intervals allowed for meals or rest to such women and young persons;and no such woman or young person shall be employed at the mine or quarry otherwise than in accordance with the notice. (2)Different periods of employment and different intervals may be fixed under this section for different classes of women and young persons employed at a mine or quarry and for different days of the week. (3)A change in the periods or intervals fixed under this section with respect to women or young persons employed at a mine or quarry shall not be made until the responsible person has served on the inspector for the district, and posted in some conspicuous position at the mine or quarry, notice of his intention to make the change, and shall not be made oftener than once in three months, unless for special cause allowed in writing by the inspector for the district. Special Exceptions 129Special temporary exception as respects coal mines in Durham, Northumberland and Warwick (1)As respects male young persons who have attained the age of sixteen and are employed (whether above or below ground) at mines of coal in the counties of Durham, Northumberland and Warwick, the following provisions shall have effect until such day (being not later than five years after the commencement of this Act) as the Minister may by order appoint in relation to those counties, namely,— (a)subsection (1) of section one hundred and twenty-seven of this Act (save in so far as it relates to employment on Saturday after two o'clock in the afternoon or on Sunday) shall not apply; (b)such a male young person as aforesaid may be employed at a mine on a Sunday after ten o'clock in the evening provided that he has not been employed thereat at any time during the period of thirty-six hours ending immediately before he begins to be employed on that Sunday;and the reference in subsection (1) of the last foregoing section to the foregoing provisions of this Part of this Act shall be construed accordingly. (2)Different days may be appointed under the foregoing subsection in relation to the respective counties of Durham, Northumberland and Warwick. 130Special exception for emergencies Where on any occasion a male young person who has attained the age of sixteen remains, after the time at which his period of employment ends, below ground in a mine for the purpose of rendering assistance in the event of accident, meeting any danger (whether actual or apprehended) or dealing with any emergency or with work uncompleted through unusual and unforeseen circumstances which requires to be dealt with without interruption in order to avoid serious interference with ordinary work in the mine— (a)there shall be deemed not to be a contravention of the foregoing provisions of this Part of this Act in relation to him ; but (b)he shall not, after his employment for that purpose has ended on that occasion, be again employed at the mine until not less than thirteen hours have elapsed since he returned to the surface after his employment so ended. Miscellaneous Provisions 131Register of women and young persons employed (1)It shall, in the case of every mine and quarry, be the duty of the responsible person to keep at the office at the mine or quarry, or at such other place as may be approved by an inspector, a register in such form as may be specified by the Minister and to enter in that register in such form and manner as may be so specified the name, date of birth, residence and date of first employment at the mine or quarry of all women and young persons employed thereat, indicating, in the case of male young persons employed at a mine, which of them are employed below ground thereat. (2)It shall, in the case of every mine or quarry, be the duty of the responsible person to produce (if requested so to do) any register kept by him in pursuance of this section to an officer of the local education authority (or, in Scotland, the education authority) within whose area the mine or quarry is situate. (3)Before a male young person is first employed below ground in a mine his employer (if other than the owner of the mine) shall inform the manager of the mine or some other person appointed in that behalf by the manager, that the young person is to be so employed. 132Supplemental (1)For the purposes of this Part of this Act a person employed below ground in a mine shall be deemed to be so employed during the period between the time at which he is required to attend for the purpose of going below ground and the time at which he returns to the surface. (2)There shall be deemed to be no contravention of any provision of sections one hundred and twenty-six to one hundred and twenty-nine of this Act in relation to a person employed below ground on a shift in a mine of coal, stratified ironstone, shale or fireclay, if there would be no contravention of that provision in relation to him if he left the surface at the same time as the last workman on that shift and returned to the surface at the same time as the first workman on that shift. (3)This Part of this Act (except subsection (1) of section one hundred and twenty-four) shall not apply to persons holding responsible positions of management or acting as assistants to persons holding such positions or to persons engaged in clerical work above ground, being in each case persons who are not ordinarily engaged in manual work, to persons employed in, or in connection with, the sale or supply of meals or refreshments or to persons employed for the purposes of the treatment of the sick or injured. (4)Where— (a)a male young person who has attained the age of sixteen is, by virtue of a direction under subsection (2) of section one hundred and twenty-seven of this Act, employed at a mine other than of coal or at a quarry at a time later than ten o'clock, but not later than eleven o'clock, in the evening; or (b)a male young person (whether he has attained the age of sixteen or not) is employed below ground at a mine at a time at which his employment would be unlawful apart from subsection (2) of this section ;his employment at the time mentioned in paragraph (a) or, as the case may be, paragraph (b) of this subsection shall be deemed not to be in contravention of the Employment of Women, Young Persons, and Children Act, 1920. (5)Save as provided by the last foregoing subsection, the provisions of this Part of this Act shall be in addition to, and not in derogation of, the provisions of any other Act restricting the employment of women and young persons. Part IX Records, Returns and Information 133Form of official books and preservation and inspection of entries therein (1)Every book which, in pursuance of this Act or regulations, is provided by the owner of a mine or quarry for the purpose of the entry therein of any report, record or other item of information shall be in such form as the Minister may direct. (2)Every entry made in any such book as aforesaid or a copy of that entry shall be preserved until the expiration of three years after the date on which it was made or such other period (whether longer or shorter) as may be prescribed for an entry of any class and, until no longer required to be preserved, shall be kept at the office at the mine or quarry to which it relates or at such other place as may be approved by an inspector and be open to inspection by, or by a person authorised in that behalf in writing by, any person employed at that mine or quarry. 134Records of certain appointments Where an appointment is made— (a)by the manager of a mine in pursuance of regulations having effect by virtue of subsection (1) of section twelve of this Act, or in pursuance of subsection (1) of section thirteen thereof or regulations having effect by virtue of subsection (2) of the said section thirteen, or in pursuance of section forty-two of this Act; or (b)by the owner or a manager of a quarry in pursuance of regulations having effect by virtue of section one hundred and six of this Act; the person making the appointment shall forthwith make a record thereof; and a record made in pursuance of this section shall be preserved until the expiration of twelve months after the ending of the appointment evidenced thereby and, until no longer required to be preserved, shall be kept at the office at the mine or quarry to which that appointment is referable or at such other place as may be approved by an inspector and be open to inspection by, or by a person authorised in that behalf in writing by, any person employed at that mine or quarry. 135Provision of copies of this Act and other instruments At all times at which persons are employed at a mine or quarry there shall be provided thereat or near thereto suitable covered accommodation wherein shall be provided a copy of this Act and of every such instrument as the following which is in force with respect to the mine or quarry, namely, orders made under this Act, regulations, transport rules, support rules, any notice served under or by virtue of this Act by an inspector on the responsible person and any such rule regulating the conduct of persons as is mentioned in paragraph (b) of section eighty-nine of this Act; and all persons employed at the mine or quarry shall be entitled to have access to that accommodation for the purpose of inspecting the documents hereby required to be provided therein. 136Posting of notices (1)At all times at which persons are employed at a mine or quarry there shall be kept posted thereat— (a)a notice of the name of the mine or quarry, the name and address of the owner thereof and the name or names of the manager or managers thereof; (b)a notice of the name and address of the inspector for the district; and (c)a notice specifying the situation of the accommodation provided in pursuance of the last foregoing section. (2)Where, in the case of a mine or quarry,— (a)regulations affecting it are made ; or (b)a notice is served under or by virtue of this Act by an inspector on the responsible person ;notice of the making of the regulations or, as the case may be, of the service of the notice (specifying the regulations or, as the case may be, indicating the general nature of the notice) shall be kept posted at the mine or quarry at all times during the period of six months next following the making or service of the regulations or notice at which persons are employed at the mine or quarry. (3)All notices required by this section to be posted at a mine or quarry shall be posted in such characters and in such positions as to be easily seen and read by the persons employed thereat, and if a form is specified by the Minister for any such notice, it shall be posted in that form. 137Furnishing to workers of information with respect to this Act and orders and regulations thereunder The Minister may himself prepare and designate for the purpose of the issue thereof in accordance with the following provisions of this section to persons of any class employed at mines or quarries, a book containing such information with respect to so much of this Act, orders made thereunder and regulations as in his opinion affects persons of that class, and such other information (if any) as it appears to him requisite or expedient to bring to the notice of such persons, or may approve for the purpose aforesaid any such book prepared by or on behalf of an owner of mines or quarries; and, where a book is for the time being designated or approved by virtue of this section for the purpose of the issue thereof to persons of any class, it shall, in the case of every mine and quarry, be the duty of the responsible person— (a)to give (unless he has previously done so) a copy of that book to every person on any occasion on which, after the designation or approval of the book, he begins to be employed at that mine or quarry as a person of that class; (b)to give, as soon as it is practicable to do so, a copy of that book to every person who, at the time at which it is designated or approved, is employed at that mine or quarry as a person of that class. 138Periodical returns by owners (1)It shall be the duty of every owner of mines or quarries if directed so to do by the Minister, to furnish to him, within such period and in such form and manner as may be specified in the directions, such returns and statistics relating to the mines or quarries which he owns, and such other information (if any) relating thereto, as may be so specified. (2)No returns, statistics or other information obtained under the foregoing subsection shall, without the consent in writing of the person carrying on the undertaking to which the returns, statistics or other information relate, be disclosed except— (a)with the consent of the Minister, to a government department for the purposes of the exercise by them of any of their functions ; or (b)in the form of a summary of similar returns, statistics or other information furnished by a number of owners of mines or quarries, being a summary so framed as not to enable particulars relating to the undertaking of a particular person to be ascertained therefrom; or (c)for the purposes of any proceedings for an offence under this Act or any report of any such proceedings. 139Notification of beginning and ending of certain mining and quarrying operations (1)In any of the following events, namely,— (a)the beginning of operations for the purpose of opening a mine or a seam or vein therein, the abandonment of a mine or a seam or vein therein, the expiration of the period of two months beginning with the day on which a mine or a seam or vein therein was last worked for the purpose of getting minerals or products thereof and the resumption of the working of a mine or a seam or vein therein after the abandonment thereof or after the expiration of such a period as aforesaid; and (b)the beginning of operations for the purpose of driving a new shaft or new outlet of a mine, the abandonment of the use of a shaft or outlet of a mine, the expiration of the period of two months beginning with the day on which a shaft or outlet of a mine was last used and the resumption of the use of a shaft or outlet of a mine after the abandonment thereof or after the expiration of such a period as aforesaid ;the owner of the mine in question shall, within two weeks after the happening of that event, give notice thereof to the inspector for the district: Provided that, where a mine or a seam or vein therein is abandoned after the day on which it was last worked for the purpose of getting minerals or products thereof but before the expiration of the period of two months beginning with that day, it shall not be necessary to give notice of the expiration of that period, and where the use of a shaft or outlet of a mine is abandoned after the day on which it was last used but before the expiration of the period of two months beginning with that day, it shall not be necessary to give notice of the expiration of that period. (2)In any of the following events, namely, the beginning of operations for the purpose of opening a quarry, the abandonment of a quarry, the expiration of the period of twelve months beginning with the day on which a quarry was last worked for the purpose of getting minerals or products thereof and the resumption of the working of a quarry after the abandonment thereof or after the expiration of such a period as aforesaid, the owner of the quarry in question shall, within two weeks after the happening of that event, give notice thereof to the inspector for the district:Provided that, where a quarry is abandoned after the day on which it was last worked for the purpose of getting minerals or products thereof but before the expiration of the period of twelve months beginning with that day, it shall not be necessary to give notice of the expiration of that period. 140Notification of change of ownership or name of mine or quarry (1)Where a change occurs— (a)in the ownership of a mine or quarry ; or (b)in the name of a mine or quarry;the owner shall, within two weeks after the change occurs, give to the inspector for the district a notice stating the particulars of the change. (2)For the purposes of this section a name shall be deemed to be changed if the spelling thereof is altered. Part X Regulations 141Regulations (1)The Minister may make regulations for any purpose for which provision is by this Act required or authorised to be made by regulations and for prescribing anything which by this Act is required or authorised to be prescribed and generally for making provision with respect to any matter or thing with respect to which it appears to the Minister requisite or expedient to make provision for the purpose of preventing the occurrence of accidents at mines and quarries, securing the safety, health or welfare of persons employed at mines or quarries or maintaining proper discipline amongst them, for securing the proper care and treatment of animals employed at mines or quarries and otherwise for carrying this Act into effect; and it shall be the duty of the Minister to exercise the power conferred by this subsection as regards any matter the making of provision for which is by this Act required to be made by regulations. (2)No enactment contained in this Act making provision with respect to any matter or thing shall be taken as operating to preclude the making by regulations (consistently with that enactment) of provision with respect to that matter or thing. (3)Any enactment contained in this Act authorising the making of provision by regulations without limitation as to the mines or quarries with respect to which the provision may be made shall be construed as authorising the making of provision extending to all mines or quarries, any class of mines or quarries or a particular mine or quarry; any enactment contained in this Act authorising the making of provision by regulations with respect to mines of a specified class shall be construed as authorising the making of provision extending either to all mines of that class, to mines within any sub-division of that class or to a particular mine of that class; and any enactment contained in this Act authorising the making of provision by regulations with respect to mines other than of a specified class shall be construed as authorising the making of provision extending either to all mines other than of the specified class, to any class of mines other than of the specified class or to a particular mine other than of the specified class. (4)Regulations may— (a)make different provision with respect to different classes of mines or quarries or different sub-divisions of a class of mines or quarries and with respect to different parts of a mine or quarry and, in so far as they relate to persons or to things other than mines or quarries, make different provision with respect to different classes of persons and of such things and with respect to the same class of persons or of such things in different circumstances; (b)grant exemptions from any of the provisions thereof or provide for the granting of such exemptions by the Minister or an inspector; (c)make provision for any incidental or supplementary matters for which the Minister thinks it expedient for the purposes of the regulations to provide. (5)In this Act (save where, in the provisions thereof relating to the re-enactment or continuance in force of instruments having effect under enactments repealed by this Act, the context otherwise requires) the expression " regulations " means regulations made under this section, the expression " prescribed" means prescribed by regulations and the expressions " general regulations " and " special regulations " mean respectively regulations other than those applicable to a particular mine or quarry only and regulations applicable to a particular mine or quarry only. 142Procedure for making regulations The provisions of Part I of the Second Schedule to this Act shall have effect with respect to the procedure for making general regulations, the provisions of Part II of that Schedule shall have effect with respect to the procedure for making special regulations and the provisions of Part III of that Schedule shall have effect with respect to any inquiry ordered to be held under the said Part I or the said Part II. 143Variation, revocation, and c., of regulations (1)General regulations may— (a)be varied or revoked by subsequent general regulations ; (b)be rendered wholly or partly inapplicable, or varied in their application, to a particular mine or quarry by special regulations applicable thereto. (2)Special regulations may be varied or revoked by subsequent special regulations and may be revoked by general regulations, and a provision of general regulations which revokes special regulations shall be deemed not to be a special regulation. Part XI Inspectors 144Appointment and duties of inspectors (1)The Minister may appoint such inspectors (under whatever title he may from time to time determine) as he thinks necessary for the execution of this Act, and assign to them their duties, and may appoint a chief inspector with an office in London, and may determine the cases and manner in which inspectors, or any of them, are to execute and perform the powers and duties of inspectors under this Act, and may remove such inspectors. (2)It shall be the duty of the Minister to satisfy himself, with respect to any person whom he proposes to appoint to be an inspector, that that person will have no such interest (whether financial or of any other kind) as is likely to affect him in the exercise and performance of his powers and duties as an inspector. (3)In the assignment of inspectors for duty in Wales or Monmouthshire, among candidates otherwise equally qualified, persons having a knowledge of the Welsh language shall be preferred. (4)The Minister may pay to inspectors appointed under this section such salaries as he may determine. (5)An inspector shall not be liable to serve on any jury. (6)Such annual report of the proceedings of the inspectors as the Minister directs shall be laid before both Houses of Parliament. 145General powers of inspectors (1)An inspector shall, for the purpose of the execution of this Act, have power to do all or any of the following things, that is to say:— (a)at any time (whether by day or by night) to enter a mine, quarry or central rescue station and to inspect the whole or any part thereof, anything thereat and any animals employed for the purposes thereof; (b)to make such examination and inquiry as may be necessary— (i)to ascertain whether, so far as regards a mine, quarry or central rescue station or persons or animals employed thereat, the following are complied with, namely, the provisions of this Act, orders made thereunder and regulations, any direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector and any condition attached to any exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector; or (ii)to ascertain any matter appearing to the inspector to affect or relate to the safety or health of persons employed at a mine, quarry or central rescue station or the care or treatment of animals employed thereat and in particular (but without prejudice to the generality of the foregoing words) the causes and circumstances of any accident or other occurrence at a mine or quarry, being in either case one of which notice is required by this Act to be given; (c)on entering any premises, to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the exercise of the powers conferred on him by this subsection or, for the purpose of any examination or inquiry relating to the care or treatment of animals, a duly qualified veterinary surgeon; (d)for the purpose of any examination or inquiry under the foregoing provisions of this subsection— (i)to require any person whom he finds at a mine, quarry or central rescue station, or whom he has reasonable cause to believe to be, or to have within the preceding two months been, employed at a mine, quarry or central rescue station, to answer, in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present, such questions as the inspector thinks fit to ask, so however, that no answer given by a person in pursuance of a requirement imposed under this sub-paragraph shall be admissible in evidence against him in any proceedings; (ii)to take samples of any articles or substances found at a mine or quarry and, in the case of a mine, of the atmosphere therein ; and (iii)to take possession of any machinery, apparatus or other article whatsoever at a mine or quarry which appears to him to have caused, or to be likely to cause, danger to safety or health and cause it to be dismantled or subjected to any process or test, notwithstanding that it is thereby damaged or destroyed ; (e)to require the production of, and to inspect.— (i)any registers, books, plans or other documents which by, or by virtue of, this Act are required to be kept; and (ii)any other documents, being documents which are in the possession or under the control of the owner or manager of a mine or the owner or a manager of a quarry and are relevant for the purposes of an examination or inquiry under the foregoing provisions of this section ; (f)to require the manager of a mine to mark on any plan of workings in the mine produced in compliance with a requirement imposed under the last foregoing paragraph the state, as at the time of the imposition of the requirement, of those workings or of such of them as may be specified in the requirement; (g)to require any person having responsibilities in relation to a mine or quarry (whether or not the owner or a manager or any other person employed thereat) to give him such facilities and assistance with respect to any matters or things to which the responsibilities of that person extend as are necessary for the purpose of enabling the inspector to exercise any of the powers conferred on him by this subsection; (h)to exercise such other powers as may be necessary for carrying this Act into effect. (2)A person who— (a)fails to comply with any requirement imposed by an inspector under this section ; or (b)prevents, or attempts to prevent, any other person from appearing before an inspector or from answering any question to which an inspector may, by virtue of the foregoing subsection, require an answer; or (c)without permission granted by an inspector, removes from a mine or quarry, or conceals or tampers with, any machinery, apparatus or other article of which possession has been taken by an inspector under this section; or (d)obstructs an inspector in the exercise or performance of his powers or duties ;shall be guilty of an offence. 146Power of inspector to require remedy for immediate or apprehended danger (1)If an inspector is of opinion that a mine or quarry or any part thereof or any matter, thing or practice at a mine or quarry or connected with the control or management of a mine or quarry is or is likely shortly to become dangerous to the safety or health of the persons employed at the mine or quarry or any of them, he may serve on the responsible person a notice stating that he is of that opinion and giving particulars of the reason why he is of that opinion, and imposing upon the responsible person such prohibitions or restrictions or requirements (of whatsoever kind) as appear to the inspector to be necessary for the purpose of safeguarding the safety or health of the persons employed at the mine or quarry. (2)Nothing in this section shall authorise the service by an inspector of a notice with respect to a mine in a case in which the service by an inspector of a notice on the manager of that mine is authorised by section sixty-eight or seventy-eight of this Act. Part XII Grant, Cancellation and Suspension of Certificates 147Grant of certificates (1)The first-class and second-class certificates of competency referred to in the foregoing provisions of this Act shall be granted by the Minister on the recommendation of the Mining Qualifications Board constituted under the next following section. (2)If any certificate which by or by virtue of this Act is to be granted by the Minister on the recommendation of the said Board is defaced, lost or destroyed, the Minister may, on payment of such fee (if any) as he may, with the approval of the Treasury, determine and on such terms as to evidence as he thinks fit (and, in a case in which the certificate is defaced, on the surrender thereof) issue a duplicate of the certificate. 148The Mining Qualifications Board (1)There shall be a Board, to be called the Mining Qualifications Board (in this and the next following section referred to as " the Board ") which shall have the duty of ascertaining the fitness of candidates for such certificates as by or by virtue of this Act are to be granted on their recommendation. (2)The Board shall consist of a chairman and not less than seven nor more than ten other members appointed by the Minister, who shall include persons appearing to him to have experience respectively of mining, education and administration:Provided that during any period during which the holding of a certificate granted on the recommendation of the Board is a qualification prescribed by regulations having effect by virtue of Part IV of this Act, the maximum number of the members of the Board, other than the chairman, shall be twelve instead of ten, and of the members of the Board two shall be persons appearing to the Minister to have experience in quarrying. (3)Every member of the Board shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment:Provided that— (a)no appointment or re-appointment of a member of the Board shall be for a term exceeding five years ; (b)a member of the Board may at any time by notice in writing to the Minister resign his office. (4)The Minister may pay to the chairman of the Board such remuneration and to all the members of the Board such allowances as he may, with the approval of the Treasury, determine. (5)The Board may act notwithstanding a vacancy amongst the members thereof. (6)The procedure of the Board and the quorum thereof shall be such as may be specified in rules made by them, but rules under this subsection shall be of no effect unless they are approved by the Minister. (7)The expenses of the Board (including any remuneration or allowances payable to examiners appointed by them) shall be defrayed by the Minister. 149Qualifications for grant of certificates (1)The Board shall make rules specifying the qualifications required of persons in order for them to be recommended for the grant of certificates which by or by virtue of this Act are to be granted by the Minister on the Board's recommendation and the manner in which the possession of such qualifications is to be ascertained and (where the rules provide for the ascertainment of the possession of qualifications by means of an examination held by the Board) specifying particulars of the examination. (2)The said rules may not only specify subjects in which proficiency is required and the degree of proficiency required in each subject, but may also require a person who seeks the grant of any such certificate as aforesaid— (a)to have attained, before entering his name for any such examination as aforesaid or before being recommended for the grant of the certificate, such age as may be specified in the rules ; (b)to have such practical experience of such matters as may be so specified ; (c)to have attended such courses of instruction as may be so specified; (d)to be of good character. (3)The said rules may provide for the granting of exemptions from any provisions thereof relating to the undergoing of examinations, the possession of practical experience and the attendance at courses of instruction in such cases as may be specified in the rules. (4)Examinations the holding of which is provided for by rules under this section shall be held at such times and places as the Board may determine and shall be conducted in accordance with rules made by them; and the Board may (subject to the approval of the Minister as to number) appoint examiners for the purposes of such examinations and pay them such remuneration and allowances as the Board may, with the approval of the Minister and the Treasury, determine. (5)Rules under this section shall be of no effect unless they are approved by the Minister. (6)There shall be payable to the Board by persons who seek the grant of such certificates as are mentioned in subsection (1) of this section such fees as may be specified in an order made by the Minister with the approval of the Treasury, and any fees received by the Board under this subsection shall be paid by them to the Minister. 150Cancellation or suspension of certificates (1)On the conviction of an offence under this Act of the holder of a certificate granted by the Minister under or by virtue of this Act, the court by which he is convicted may, on an application for that purpose made on behalf of the Minister, cancel or suspend the certificate in addition to or instead of imposing any other penalty to which the person convicted may be liable if, having regard to the nature of the offence and the circumstances in which it was committed, the court is of opinion that that person is unfit to continue to hold the certificate:Provided that the court shall not exercise the power conferred by this subsection unless— (a)notice of intention to make an application thereunder has been served on the person convicted at the same time as the service or execution of the summons or warrant issued in pursuance of the information charging him with the offence of which he is convicted ; and (b)the said person has, on pleading to the Charge, been given an opportunity to elect, but has not elected, to have the question of the cancellation or suspension of his certificate inquired into under subsection (3) of this section. (2)Where, under the foregoing subsection, a court cancels or suspends a certificate held by a person, he shall have the same right of appeal as if the cancellation or suspension were a sentence passed by the court on his conviction. (3)The Minister may, in the case of a person who is the holder of any such certificate as aforesaid with respect to whom a representation is made to the Minister by an inspector or otherwise that that person is, by reason of incompetence or gross negligence or misconduct in the performance of duties of his with respect to a mine or quarry, unfit to continue to hold the certificate, and shall, in the case of a person who is the holder of such a certificate and has made an election under paragraph (b) of the proviso to subsection (1) of this section, cause inquiry to be made into the question whether or not he is fit to continue to hold the certificate by a tribunal which shall have power to cancel, or suspend the certificate if it finds that by reason aforesaid or, as the case may be, that having regard to the offence and the circumstances in which it was committed, he is unfit to continue to hold the certificate. (4)The provisions of Part I of the Third Schedule to this Act shall have effect with respect to the constitution and procedure of the tribunal holding an inquiry under the last foregoing subsection and with respect to the holding of the inquiry. (5)Where, under subsection (1) of this section, an application is made to a court for the cancellation or suspension of a certificate and the holder does not elect under paragraph (b) of the proviso to that subsection to have the question of the cancellation or suspension inquired into under subsection (3) of this section, no inquiry into his conduct shall be held by a tribunal under this section on the same grounds as those considered by the court; and where an inquiry is held by a tribunal under this section into the conduct of the holder of a certificate, no application to a court for the cancellation or suspension of the certificate shall be made under subsection (1) of this section on the same grounds as those considered at the inquiry. (6)The Minister may at any time, if it is shown to him to be just so to do, restore a certificate cancelled under this section or shorten the period for which a certificate is suspended thereunder. (7)A certificate suspended under this section shall, during the period of suspension, be of no effect. (8)The provisions of Part II of the Third Schedule to this Act shall have effect with respect to the delivery up of a certificate to a court or tribunal and with respect to the subsequent proceedings with respect to a certificate so delivered up, and the provisions of Part III of that Schedule shall have effect for the purposes of the application to Scotland of Parts I and II thereof. (9)This section shall in its application to Scotland have effect as if in paragraph (a) of the proviso to subsection (1) for the words " or execution of the summons or warrant issued in pursuance of the information " there were substituted the words “of the complaint or indictment”. Part XIII Fencing of Abandoned and Disused Mines and of Quarries 151Fencing of abandoned and disused mines and of quarries (1)It shall be the duty of the owner of every abandoned mine and of every mine which, notwithstanding that it has not been abandoned, has not been worked for a period of twelve months to secure that the surface entrance to every shaft or outlet thereof is provided with an efficient enclosure, barrier, plug or other device so designed and constructed as to prevent any person from accidentally falling down the shaft or from accidentally entering the outlet and that every device so provided is properly maintained:Provided that this subsection shall not apply to mines which have not been worked for the purpose of getting minerals or products thereof since the ninth day of August, eighteen hundred and seventy-two, being mines other than of coal, stratified ironstone, shale or fireclay. (2)For the purposes of Part III of the Public Health Act, 1936, each of the following shall be deemed to be a statutory nuisance that is to say:— (a)a shaft or outlet of an abandoned mine (other than a mine to which the proviso to the foregoing subsection applies) or of a mine (other than as aforesaid) which, notwithstanding that it has not been abandoned, has not been worked for a period of twelve months, being a shaft or outlet the surface entrance to which is not provided with a properly maintained device such as is mentioned in that subsection ; (b)a shaft or outlet of a mine to which the proviso to the foregoing subsection applies, being a shaft or outlet with respect to which the following conditions are satisfied, namely,— (i)that its surface entrance is not provided with a properly maintained device such as is mentioned in that subsection; and (ii)that, by reason of its accessibility from a highway or a place of public resort, it constitutes a danger to members of the public; and (c)a quarry (whether in course of being worked or not) which— (i)is not provided with an efficient and properly maintained barrier so designed and constructed as to prevent any person from accidentally falling into the quarry; and (ii)by reason of its accessibility from a highway or a place of public resort constitutes a danger to members of the public. (3)Any expenses incurred, by reason of the operation of Part III of the Public Health Act, 1936, by a person other than the owner (as defined for the purposes of this Act) of a mine or quarry for the purpose of abating, or preventing the recurrence of, a nuisance under the last foregoing subsection or in reimbursing a local authority in respect of the abatement, or prevention of the recurrence, of such a nuisance shall, subject to any agreement to the contrary, be recoverable by that person from the owner (as so defined) of the mine or quarry. (4)In the application of this section to the administrative county of London, for references to Part III of the Public Health Act, 1936, and to a statutory nuisance there shall be respectively substituted references to section two hundred and eighty-two of, and the Fifth Schedule to, the Public Health (London) Act, 1936, and to a nuisance which may be dealt with summarily under that Act. (5)In the application of this section to Scotland, for references to Part III of the Public Health Act, 1936, to a statutory nuisance and to the abatement thereof, there shall be respectively substituted references to Part II of the Public Health (Scotland) Act, 1897, to such a nuisance as is mentioned in paragraph (1) of section sixteen of that Act and to the removal thereof. Part XIV Offences, Penalties and Legal Proceedings 152Offences (1)In the event of a contravention, in relation to a mine, of— (a)a provision of this Act, of an order made thereunder or of regulations, not being a provision which expressly provides that a person is to be guilty of an offence; or (b)a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or (c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector;each of the following persons shall, subject to the following provisions of this Act, be guilty of an offence, namely, the owner of the mine, any person to whom written instructions have been given by the owner in pursuance of section one of this Act specifying as, or including amongst, the matters with respect to which that person is charged with securing the fulfilment in relation to the mine of statutory responsibilities of the owner, matters of the class to which the provision, direction, prohibition, restriction, requirement or condition relates, the manager of the mine, any person who is for the time being treated for the purposes of this Act as the manager, every under-manager of the mine and any person who is for the time being treated for the purposes of this Act as an under-manager thereof. (2)In the event of a contravention, in relation to a quarry, of— (a)a provision of this Act or of regulations, not being a provision which expressly provides that a person is to be guilty of an offence; or (b)a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector ; or (c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector;each of the following persons shall, subject to the following provisions of this Act, be guilty of an offence, namely, the owner of the quarry, any person to whom written instructions have been given by the owner in pursuance of section one of this Act specifying as, or including amongst, the matters with respect to which that person is charged with securing the fulfilment in relation to the quarry of statutory responsibilities of the owner, matters of the class to which the provision, direction, prohibition, restriction, requirement or condition relates, every manager of the quarry and any person who is for the time being treated for the purposes of this Act as a manager thereof: Provided that— (i)neither a manager of a quarry who is not the sole manager thereof nor a person who is for the time being treated for the purposes of this Act as such a manager shall, by virtue of this subsection, be guilty of an offence by reason of any such contravention which took place in, or in relation to, a part of the quarry to which his jurisdiction did not, at the time of the contravention, extend; and (ii)neither a sole nor any other manager of a quarry nor a person who is for the time being treated for the purposes of this Act as a manager thereof shall, by virtue of this subsection, be guilty of an offence which consists of such a contravention as aforesaid with regard to a matter responsibility for which is duly reserved to the owner in pursuance of section one hundred of this Act. (3)In the event of a contravention, in relation to a mine, by a person other than one mentioned in subsection (1) of this section, of such a provision as is mentioned in paragraph (a) of that subsection, being a provision which expressly imposes on that person or on persons of a class to which he belongs a duty or requirement or expressly prohibits him or persons of a class to which he belongs or all persons from doing a specified act, the person who contravened that provision, as well as the persons mentioned in the said subsection (1), shall be guilty of an offence, and in the event of a contravention, in relation to a quarry, by a person other than one mentioned in subsection (2) of this section, of such a provision as is mentioned in paragraph (a) of that subsection, being a provision which expressly imposes on that person or on persons of a class to which he belongs a duty or requirement or expressly prohibits him or persons of a class to which he belongs or all persons from doing a specified act, the person who contravened that provision, as well as the persons mentioned in the said subsection (2), shall be guilty of an offence. (4)Neither the manager of a mine as such, nor a manager of a quarry as such, nor a person who is for the time being treated for the purposes of this Act as the manager of a mine or a manager of a quarry, nor an under-manager of a mine, nor a person who is for the time being treated for the purposes of this Act as such an under-manager shall, by virtue of subsection (1) or (2) of this section, be guilty of an offence by reason of a contravention by the owner of the mine or quarry of— (a)any provision of this Act, of an order made thereunder or of regulations, being a provision which expressly imposes on the owner of the mine or quarry a duty or requirement or a prohibition ; or (b)any prohibition, restriction or requirement which, by virtue of a notice served under or by virtue of this Act by an inspector, is expressly imposed on the owner of the mine or quarry;or of a contravention of section three or one hundred and one of this Act. 153Accessories Without prejudice to the operation— (a)as respects England and Wales, of section eight of the Accessories and Abettors Act, 1861, and section thirty-rive of the Magistrates' Courts Act, 1952 ; and (b)as respects Scotland, of section sixty-one of the Criminal Procedure (Scotland) Act, 1887, and section two of the Summary Jurisdiction (Scotland) Act, 1954 ;any person who induces or. procures, or consents to or connives at, the commission of an offence under this Act, shall be guilty of an offence. 154Supplementary provisions as to offences (1)If any persons are employed at a mine or quarry otherwise than in accordance with the provisions of this Act, orders made thereunder and regulations, there shall be deemed to be a separate contravention in respect of each person so employed. (2)If a person acts as manager of a mine in contravention of the provisions of subsection (1) of section five of this Act, of any condition attached to an approval granted under that subsection or of a direction given by a notice served under subsection (2) of that section, there shall be deemed to be a separate contravention in relation to each mine as manager of which he acts. 155Penalty for offences for which no express penalty is provided (1)A person guilty of an offence under this Act for which no express penalty is provided shall be liable— (a)if he is the owner of a mine or quarry, a person to whom instructions have been given by the owner of a mine or quarry in pursuance of section one of this Act, the manager of a mine or a manager of a quarry, a person who is for the time being treated for the purposes of this Act as the manager of a mine or a manager of a quarry, an under-manager of a mine, a person who is for the time being treated for the purposes of this Act as such an under-manager or the surveyor for a mine, to a fine not exceeding two hundred pounds ; and (b)if not, to a fine not exceeding twenty pounds ;and, if the contravention in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable, in respect thereof, to a fine not exceeding five pounds for each day on which the contravention is so continued. (2)Where the court by which a person is convicted of any such offence as aforesaid is satisfied that the contravention in respect of which he is convicted— (a)was likely to cause the death of, or serious bodily injury to, a person employed at the mine or quarry in relation to which the contravention occurred or a dangerous accident; or (b)was likely to endanger the safety of any such person ;the court may impose upon the person convicted (either in addition to, or in substitution for, a fine) imprisonment for a term not exceeding three months. 156Defence available to person charged with offence not committed personally In any proceedings under this Act which, by virtue of subsection (1) or (2) of section one hundred and fifty-two of this Act, are taken against a person in respect of the contravention by a person other than himself of— (a)a provision of the Act, of an order made thereunder or of regulations, being a provision which expressly imposes on that other person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibits him or persons of such a class or all persons from doing a specified act; or (b)a prohibition, restriction or requirement which by virtue of a notice served under or by virtue of this Act by an inspector is expressly imposed on that other person;it shall be a defence for the person charged to prove that he used all due diligence to secure compliance with the provision, prohibition, restriction or requirement, as the case may be. 157Persons not to be under liability for contraventions which it was impracticable to avoid or prevent It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation of a contravention, in relation to a mine or quarry, of— (a)a provision of this Act, of an order made thereunder or of regulations (not being a provision which expressly provides that a person is to be guilty of an offence); or (b)a direction, prohibition, restriction, or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or (c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector;to prove that it was impracticable to avoid or prevent the contravention. 158Special defence available to mine under-managers with limited jurisdiction (1)In any proceedings which, by virtue of subsection (1) of section one hundred and fifty-two of this Act are taken, in respect of such a contravention as is mentioned in that subsection against an under-manager of a mine acting as such, being an under-manager whose jurisdiction is limited to part only of the mine, it shall be a defence for him to prove that the contravention did not take place in, or in relation to, the part of the mine to which his jurisdiction was limited and that no act or omission of his caused or contributed to the contravention. (2)The foregoing subsection shall apply to a person who is for the time being treated for the purposes of this Act as an under-manager of a mine, being a person whose jurisdiction is limited to part only of the mine, as it applies to an under-manager whose jurisdiction is so limited. 159Liability of owners for breaches of statutory duty by their servants For the removal of doubts it is hereby declared that the owner of a mine or quarry is not absolved from liability to pay damages in respect of a contravention, in relation to the mine or quarry, by a person employed by him of— (a)a provision of this Act, of an order made thereunder or of regulations; or (b)a prohibition, restriction or requirement imposed by a notice served under or by virtue of this Act by an inspector;by reason only that the provision contravened was one which expressly imposed on that person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibited that person, or persons of such a class or all persons from doing a specified act or, as the case may be, that the prohibition, restriction or requirement was expressly imposed on that person or that that person was, in pursuance of this Act or regulations, appointed by a person other than the owner. 160Liability of parents for unlawful employment of young persons If a young person is employed at a mine or quarry in contravention of the provisions of this Act, the parent of the young person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding twenty pounds, unless it appears to the court that the contravention occurred without the consent, connivance or wilful default of the parent. 161Forgery of certificates, false statements, and c (1)If a person— (a)with intent to deceive, forges or uses or lends to, or allows to be used by, another person a certificate granted under or by virtue of this Act by the Minister, or makes or has in his possession a document so closely resembling any such certificate as to be calculated to deceive; or (b)for the purpose of obtaining for himself or another person— (i)the grant of any such certificate or the issue of a duplicate thereof or the restoration of any such certificate or a shortening of any period for which any such certificate is suspended ; or (ii)employment as manager or under-manager of a mine or as surveyor for a mine, or employment in an office the appointment to which is required by or by virtue of this Act to be made by the manager of a mine; or (iii)employment as manager of a quarry or employment in an office the appointment to which is required by regulations having effect by virtue of section one hundred and six of this Act to be made by the owner or a manager of a quarry,makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or produces, furnishes, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, furnishes, sends or otherwise makes use of a document which is false in a material particular; or (c)wilfully makes a false entry in any register, book, notice or other document required by or by virtue of this Act to be kept, served or given or, with intent to deceive, makes use of any such entry which he knows to be false; or (d)in purported compliance with a requirement imposed by or by virtue of this Act to furnish any returns, statistics or other information or to inform a person of the substance of any instructions, makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular; or (e)discloses any return, statistics or other information in contravention of this Act; or (f)on being required under paragraph (f) of subsection (1) of section one hundred and forty-five of this Act to mark on a plan the state of any workings, marks it thereon in a way which he knows to be false in a material particular or recklessly marks it thereon in a way which is false in a material particular; or (g)falsely pretends to be an inspector ;he shall be guilty of an offence, and liable— (i)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both ; (ii)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred pounds or to both. (2)In this section the expression "forges" has, in the application thereof to England and Wales, the same meaning as in the Forgery Act, 1913. 162Removal or defacement of notices, and c If, without reasonable excuse, a person removes, injures or defaces— (a)a notice which is for the time being posted at a mine or quarry in pursuance of any provision of this Act or regulations; or (b)a document which, in pursuance of section one hundred and thirty-five of this Act, is for the time being provided in accommodation provided in pursuance of that section;he shall be guilty of an offence and liable on summary conviction to a fine not exceeding five pounds. 163Prosecution of offences (1)Any offence under this Act with respect to the trial of which no express provision is made by this Act may be tried either summarily or upon indictment. (2)A magistrates' court shall, in any proceedings for an offence under this Act, if required by either party, cause a note of the evidence to be taken and preserved. (3)Where, in consequence of an accident or other occurrence at a mine or quarry, a special report is made in pursuance of this Act by an inspector, a report is made by a person appointed under this Act to hold a public inquiry or a coroner's inquest is held, and it appears from the report or from the proceedings at the inquest that, at or before the time of the accident or other occurrence, there was a contravention, in relation to the mine or quarry, of— (a)a provision of this Act, of an order made thereunder or of regulations; or (b)a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or (c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector ;summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months after the making of the report or the conclusion of the inquest. (4)Summary proceedings against any person liable to be proceeded against in respect of a contravention of provisions of regulations having effect by virtue of subsection (1) of section seventeen or subsection (1) of section twenty of this Act may be commenced at any time within three months from the date on which evidence sufficient in the opinion of the Minister to justify a prosecution for the contravention comes to the knowledge of the Minister. For the purposes of this subsection, a certificate of the Minister as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof. (5)Where an offence is committed under this Act by reason of a failure to give a notice, enter a report or do any other thing at or within a time specified by this Act, an order made thereunder, regulations or a notice served under or by virtue of this Act by an inspector, the offence shall be deemed to continue until the notice is given, the report entered or the other thing done, as the case may be. (6)In the application of this section to Scotland, for any reference to a coroner's inquest there shall be substituted a reference to an inquiry under the Fatal Accidents Inquiry (Scotland) Act, 1895, and for any reference to evidence sufficient to justify a prosecution there shall be substituted a reference to evidence sufficient to justify a report to the Lord Advocate with a view to consideration of the question of prosecution. 164Restriction on institution of certain proceedings No proceedings for an offence under this Act shall, in England or Wales, be instituted against any such person as is mentioned in paragraph (a) of subsection (1) of section one hundred and fifty-five of this Act except by an inspector or by or with the consent of the Minister or the Attorney General. 165Duty to report results of proceedings against persons employed at mines or quarries (1)An owner or manager of a mine or quarry by whom are instituted proceedings against a person employed at the mine or quarry for an offence under this Act shall, within twenty-one days after the conclusion of the trial of that person for that offence, give to the inspector for the district notice of the result of the trial and shall also, within twenty-one days after the conclusion of any proceedings by way of appeal arising out of the trial, give to the inspector for the district notice of the result of those proceedings. (2)For the purposes of this section the bringing of proceedings before the High Court to quash a conviction by order of certiorari shall be deemed to be an appeal. 166Liability of parents for unlawful employment of children For the purposes of any proceedings under this Act in respect of the employment of children in contravention of section fourteen of the Education Act, 1918, section seventeen of the Education (Scotland) Act, 1918, or section one of the Employment of Women, Young Persons and Children Act, 1920 (being enactments which prohibit the employment of children in factories, mines and quarries and, so far as they relate to mines and quarries, are incorporated with this Act), the references in section one hundred and sixty of this Act to a young person shall be construed as including references to a child within the meaning of the said section fourteen, the said section seventeen or the said section one, as the case may be. 167Application of fines Any sum paid to the Secretary of State in pursuance of section twenty-seven of the Justices of the Peace Act, 1949, in respect of a fine recovered under this Act shall be deemed to be Exchequer moneys within the meaning of that section and shall be paid by the Secretary of State into the Exchequer. Part XV Miscellaneous and General Supplementary Provisions 168Division of mines (1)Where two or more parts of a mine are worked separately, then, if the owner of the mine by notice served on the inspector for the district so requires, each such part shall, until the notice is withdrawn by a subsequent notice served by the owner on the inspector for the district, be treated for the purposes of this Act as a separate mine:Provided that, where the parts of a mine worked separately, or any of them, have a common system of ventilation or any part of a system of ventilation in common, a notice under this subsection requiring that each part of the mine that is worked separately shall be treated as a separate mine shall be of no effect unless it is approved by an inspector by notice served on the owner of the mine. (2)A notice under the foregoing subsection requiring that each part of a mine worked separately shall be treated as a separate mine shall be of no effect unless it specifies the points of separation of all roads connecting the parts of the mine that are worked separately. (3)If an inspector is of opinion with respect to a mine whereof parts are, by virtue of this section, for the time being treated for the purposes of this Act as separate mines, that the division of the mine prejudices or is likely to prejudice the safety or health of the persons employed thereat (or any of them), he may serve on the owner of the mine a notice directing that subsection (1) of this section shall cease to apply to the mine. The provisions of this Part of this Act with respect to references upon notices served by inspectors shall apply to a notice served under this subsection. 169Demarcation of quarries (1)Where it appears to an inspector that doubt exists with respect to the boundary between two adjoining quarries, he may, by notice served on the owner of the quarries in a case where the same person is owner of both quarries, or on the respective owners of the quarries in any other case, require that, before the expiration of such period as may be specified in the notice, the boundary between the two quarries shall be determined by the owner or, as the case may be, by agreement between the respective owners and as so determined shall be notified to the inspector for the district by written instrument lodged with him by the owner or owners; and the boundary as so notified in compliance with the requirements of the notice shall, subject to any subsequent variation so determined and notified, be deemed for the purposes of this Act to be the boundary between the two quarries. (2)In any proceedings taken in respect of the failure of the owner of one of two adjoining quarries who is not also the owner of the other quarry to comply with the requirements of a notice under the foregoing subsection, it shall be a defence to prove that the failure was solely due to his inability to reach agreement with respect to the boundary with the owner of the other quarry. 170Provisions as to references upon notices served by inspectors (1)The following provisions of this section shall apply in relation to any notice served under any provision of this Act or regulations by an inspector on the owner or manager of a mine or the owner or a manager of a quarry, being a notice which is expressly declared to be one to which the provisions of this Part of this Act with respect to references upon notices served by inspectors are to apply. (2)If the person on whom any such notice is served or, in a case where it is served on two or more persons, any of them, by a counter-notice duly served on the inspector who served the notice demands a reference upon the notice, it shall stand referred to a person or persons selected by the nominated selector (as hereinafter defined) from amongst the members of that one of the panels of persons appointed by the Minister under this section which is appropriate to the circumstances of the case:Provided that, if the said selector is satisfied that special reasons exist which render it expedient for him to act as referee instead of a person or persons selected as aforesaid, he may direct that the notice shall stand referred to him. (3)On a reference under this section upon any such notice, any of the following persons may appear in person or be represented, and may give evidence and call such witnesses as he thinks fit, that is to say:— (a)any person on whom the notice was served ; (b)any inspector; (c)any association or body representative of a majority of the total number of persons employed at the mine or quarry to which the notice relates; (d)any other persons appearing to the referee or referees to be affected by the notice or any association or body representative of any such persons. (4)The following provisions shall have effect with respect to the quashing or confirmation of any such notice upon a reference thereon under this section, namely,— (a)if no relevant ground of objection to the notice is established to the satisfaction of the referee or referees, he or they shall confirm the notice; (b)if a relevant ground of objection is so established, the referee or referees shall quash the notice unless he or they is or are of opinion that the objection can be met by modification of the notice, in which case the referee or referees shall confirm the notice subject to such modification as appears to him or them to meet the objection;and where the notice is confirmed subject to any modification it shall take effect as modified. (5)For the purposes of the last foregoing subsection— (a)in the case of any such notice served under a provision of this Act (other than subsection (3) of section one hundred and sixty-eight), any of the following grounds which are appropriate to the circumstances of the case shall be a relevant ground of objection, namely,— (i)that compliance with a prohibition, restriction or requirement sought to be imposed by or by virtue of the notice is, wholly or to a particular extent, unnecessary, inadvisable for reasons of safety or impracticable; (ii)that any period limited by the notice is insufficient for the purpose of enabling any works to be executed or other thing done ; (b)in the case of a notice served under the said subsection (3), the relevant ground of objection shall be that the division of the mine to which the notice relates neither prejudices nor is likely to prejudice the safety or health of any of the persons employed at the mine; (c)in the case of a notice served under any provision of regulations, the relevant ground or grounds of objection shall be such as may be prescribed. (6)Save as otherwise expressly provided by this Act or regulations, any such notice shall not become operative in any event until the expiration of the period within which a reference thereon may be demanded under this section or, if within that period such a reference is so demanded, until the notice is confirmed by the referee or referees. (7)The quashing under this section of any such notice shall neither be taken to prevent the service by an inspector of a fresh notice nor, if the notice became operative before it was quashed, affect the previous operation thereof. (8)The Minister may— (a)constitute such number as he thinks fit of panels of persons from whom referees may be selected for the purposes of references under this section and, as respects each panel, may designate the cases in which it is to be treated for the purposes of this section as the appropriate panel; (b)make rules for regulating such references and, in particular, for making provision with respect to the costs of such references (including the payment of remuneration and allowances to referees) and for specifying the form of a counter-notice under subsection (2) of this section and the period within which such a notice must be served;and different periods may be specified by rules under paragraph (b) of this subsection in relation to the service of counter-notices relating to notices served under different provisions of this Act or regulations. (9)The reference in subsection (2) of this section to the nominated selector shall be construed as referring to such person as may for the time being be nominated by the Minister, after consultation with the Lord Chancellor and the Lord President of the Court of Session, to discharge the duty of selecting referees to act upon references under this section. 171Provisions as to knowledge by officials, and c., of Welsh language Where the natural language of communication of the persons employed at a mine or quarry or of a substantial number of those persons is Welsh, then, in considering the qualifications of candidates for appointments required, by or by virtue of this Act, to be made in the case of that mine or quarry, regard shall be had to the possession of a knowledge of that language. 172Power of Minister and inspectors to grant exemptions for limited period from commencement of this Act Where the Minister is of opinion, with respect to mines or quarries of any class, that by reason of the nature or amount of work involved, or of the shortness of the period during which the mines or quarries are expected to be worked or other special circumstances affecting them, it would not be right to require compliance with a particular provision of Part III or, as the case may be, Part V of this Act forthwith after the commencement of this Act, he may by order exempt mines or quarries of that class from that provision for such period, not exceeding five years beginning with the commencement of this Act, as may be specified in the order; and where an inspector is of the like opinion with respect to a particular mine or quarry, he may by notice served on the responsible person exempt the mine or quarry from that provision for such period, not exceeding five years beginning with the commencement of this Act, as may be specified in the notice. 173Revocation and variation of orders and rules Any power conferred by this Act to make an order or rule shall be construed as including a power, exercisable in the like manner and subject to the like conditions, if any, to revoke or vary the order or rule. 174Parliamentary control of orders, rules and regulations The powers conferred by this Act on the Minister to make orders, rules and regulations and on the Minister and the Minister of Labour and National Service to make orders shall be exercisable by statutory instrument which (except in the case of special regulations or of an order expressed to relate only to a particular mine or quarry or a particular set of premises) shall be subject to annulment in pursuance of a resolution of either House of Parliament. 175Mode of service of notices under this Act (1)A notice required or authorised by or by virtue of this Act to be served on or given to an inspector may be served or given by delivering it to him or by leaving it at, or sending it by post to, his office. (2)A notice required or authorised by or by virtue of this Act to be served on or given to the owner of a mine or quarry may be served or given— (a)where the owner is an individual, by delivering it to him, by leaving it at the office at the mine or quarry or by sending it by post addressed to him at his usual or last known place of abode or the proper postal address of the mine or quarry ; (b)where the owner is a body corporate, by delivering it to the secretary or clerk to the body at their registered or principal office or by sending it by post addressed to the secretary or clerk to the body at that office; (c)where the owner is a firm, by delivering it to any partner of the firm or by leaving it at, or sending it by post to, the office of the firm. (3)A notice required or authorised by or by virtue of this Act to be served on or given to the manager of a mine or a manager of a quarry may be served or given by delivering it to him, by leaving it at the office at the mine or quarry or by sending it by post addressed to him at the proper postal address of the mine or quarry. (4)The foregoing provisions of this section shall apply to the sending or lodging of any document as they apply to the giving of a notice. 176Provisions as to exemptions, and c (1)Any power conferred by this Act or regulations on the Minister or an inspector to grant, give or impose an exemption, consent, approval, authority, direction, requirement, prohibition or restriction or to make a determination shall be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to vary or revoke the exemption, consent, approval, authority, direction, requirement, prohibition, restriction or determination. (2)Any exemption, consent, approval or authority granted or given under this Act or regulations by the Minister or an inspector may (subject to any express provision of this Act or regulations) be without limit of period or limited so as to expire on a specified date unless renewed, and may be absolute or conditional. 177Fees for testing articles The Minister may charge, in respect of the testing by him of any articles with a view to the certification or approval thereof for the purposes of this Act or regulations, such fees as he may, with the approval of the Treasury, determine. 178Expenses and receipts Any expenses incurred under or by virtue of this Act by the Minister shall be defrayed out of moneys provided by Parliament and any sums received under or by virtue of this Act by the Minister shall be paid into the Exchequer. 179Application to the Crown This Act shall apply to mines and quarries belonging to Her Majesty in right of the Crown or to a Government department or held in trust for Her Majesty for the purposes of a Government department. Interpretation 180Meaning of " mine " and " quarry " (1)In this Act the expression " mine" means an excavation or system of excavations made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals. (2)In this Act the expression " quarry " means an excavation or system of excavations made for the purpose of, or in connection with, the getting of minerals (whether in their natural state or in solution or suspension) or products of minerals, being neither a mine nor merely a well or bore-hole or a well and bore-hole combined. (3)For the purposes of this Act— (a)there shall be deemed to form part of a mine so much of the surface (including buildings, structures and works thereon) surrounding or adjacent to the shafts or outlets of the mine as is occupied together with the mine for the purpose of, or in connection with, the working of the mine, the treatment, preparation for sale, consumption or use, storage or removal from the mine of the minerals or products thereof gotten from the mine or the removal from the mine of the refuse thereof; and (b)there shall be deemed to form part of a quarry so much of the surface (including buildings, structures and works thereon) surrounding or adjacent to the quarry as is occupied together with the quarry for the purpose of, or in connection with, the working of the quarry, the treatment, preparation for sale, consumption or use, storage or removal from the quarry of the minerals or products thereof gotten from the quarry or the removal from the quarry of the refuse thereof:Provided that there shall not, for the said purposes, be deemed to form part of a mine or quarry premises in which a manufacturing process is carried on otherwise than for the purpose of the working of the mine or quarry or the preparation for sale of minerals gotten therefrom. (4)For the purposes of this Act premises for the time being used for depositing refuse from a single mine or quarry, being premises exclusively occupied by the owner of that mine or quarry, shall be deemed to form part of that mine or quarry, and premises for the time being used for depositing refuse from two or more mines or quarries, being premises occupied by the owner of one of those mines or quarries (either exclusively or jointly with the owner of the other or any of the others) shall be deemed to form part of such one of those mines or quarries as the Minister may direct. (5)For the purposes of this Act a railway line serving a single mine or quarry (not being a railway line falling within subsection (3) of this section or a railway line belonging to a railway company) shall be deemed to form part of that mine or quarry and a railway line jointly serving two or more mines or quarries (not being a railway line falling within subsection (3) of this section or a railway line belonging to a railway company) shall be deemed to form part of such one of them as the Minister may direct. (6)For the purposes of this Act a conveyor or aerial ropeway provided for the removal from a mine or quarry of minerals gotten therefrom or refuse therefrom shall be deemed to form part of the mine or quarry. 181Meaning of " owner " (1)Subject to the provisions of this section, in this Act the expression " owner " means, in relation to a mine or quarry, the person for the time being entitled to work it. (2)Where the working of a quarry is wholly carried out by a contractor on behalf of the person entitled to work it, the contractor shall, to the exclusion of that person, be taken for the purposes of this Act to be the owner of the quarry. (3)Where two or more persons are entitled to work a quarry independently, that one of those persons who is the licensor of the others shall, to the exclusion of the others, be taken for the purposes of this Act to be the owner of the quarry. (4)Where the business of a person who, by virtue of the foregoing provisions of this section is, for the purposes of this Act, to be taken to be owner of a mine or quarry is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by an order of a court of competent jurisdiction, the liquidator, receiver, manager or other person shall be taken for the purposes of this Act to be an additional owner of the mine or quarry. (5)This section shall, in its application to Scotland, have effect as if, for subsection (3), there were substituted the following subsection:— “(3)Where two or more persons are entitled to work a quarry independently, and one of them has granted the right so to do to the other or others, ,that one shall, to the exclusion of the other or others, be taken for the purposes of this Act to be the owner of the quarry.” 182General interpretation provisions (1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:— " bodily injury " includes injury to health ; " central rescue station " has the meaning assigned to it by section seventy-two of this Act; " contravention " includes, in relation to— (a)a provision of this Act, of an order made thereunder or of regulations ; or (b)a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or (c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector; a failure to comply with the provision, direction, prohibition, restriction, requirement or condition, and the expression " contravene" shall be construed accordingly; " gas " includes fume or vapour; " gravity operated rope haulage apparatus" means rope haulage apparatus worked solely by the action of gravity on a vehicle or vehicles attached to a rope forming part of the apparatus; " gravity operated winding apparatus" means winding apparatus worked solely by the action of gravity on a part of it in which a load is carried ; " inset" means, in relation to a shaft or outlet of a mine, a heading, chamber or other space driven or excavated from the shaft or outlet, being a heading, chamber or space to which access can only be had from the shaft or outlet and not being a heading, chamber or space the sole or main purpose of the driving or excavation of which is the getting of minerals or products of minerals; " inspector " means an inspector appointed under this Act, and a reference to the inspector for the district refers, as respects a mine or quarry, to the inspector in charge of the district in which the mine or quarry is situate; " legal proceedings " includes arbitration ; " mechanically operated rope haulage apparatus " means rope haulage apparatus worked by a stationary engine; " mechanically operated winding apparatus " means winding apparatus worked by a stationary engine; " minerals " includes stone, slate, clay, gravel, sand and other natural deposits except peat; " the Minister " means the Minister of Fuel and Power ; " notice " means a notice in writing ; " parent " means a parent or guardian of, or person having the legal custody of, or the control over, a young person, and includes, in relation to any young person, a person having direct benefit from his wages ; " period of employment " means the period (inclusive of the time allowed for meals and rest) within which a person may be employed on any day ; " permitted lights " means, in relation to a mine or a part of a mine, locked safety-lamps and any other means of lighting the use of which below ground in mines generally, in mines of a class to which that mine belongs or in that mine is authorised by regulations ; " prescribed " has the meaning assigned to it by subsection (5) of section one hundred and forty-one of this Act; " railway company " means any persons authorised by an enactment to construct, work or carry on a railway and includes the British Transport Commission, and for the purposes of this definition the expression " enactment " includes a provision of an order or scheme made under or confirmed by an Act; " regulations ", " general regulations " and " special regulations " have the meanings respectively assigned to them by subsection (5) of section one hundred and forty-one of this Act; " responsible person " means, in relation to a mine, the manager thereof and, in relation to a quarry, the owner thereof; " road " does not include an unwalkable outlet; " rope " includes chain; " rope haulage apparatus " means apparatus for transporting loads in vehicles attached to ropes; " safety-lamp mine " means a mine in no part of which below ground is the use of lamps or lights other than permitted lights lawful; " safety-lamp part of a mine " means a part of a mine other than a safety-lamp mine, being a part below ground in which either the use of lamps or lights other than permitted lights is unlawful or safety-lamps are for the time being in use by way of temporary precaution ; " sanitary conveniences" includes urinals, water-closets, earth-closets, ash-pits, privies and any similar convenience ; " shaft" means a shaft the top of which is, or is intended to be, at the surface; " staple-pit" includes winze ; " statutory responsibilities" means responsibilities under this Act, orders made thereunder and regulations; " support rules " has the meaning assigned to it by subsection (1) of section fifty-four of this Act; " transport rules " has the meaning assigned to it by subsection (1) of section thirty-seven of this Act; " unwalkable outlet " means an outlet which, owing to the gradient thereof or of any part thereof (whether alone or in combination with other circumstances), persons cannot walk up with reasonable convenience; " week " means the period between midnight on Saturday night and midnight on the succeeding Saturday night; " winding apparatus " means, in relation to a mine shaft or staple-pit, apparatus for lowering and raising loads through the shaft or staple-pit; " woman " means a woman who has attained the age of eighteen; " young person " means a person who is over compulsory school age but has not attained the age of eighteen. (2)For the purposes of this Act mine workings having a common system of ventilation, or any part of a system of ventilation in common, shall be deemed to form part of the same mine. (3)For the purposes of this Act— (a)the working of a mine shall be deemed to include the operation of driving a shaft or outlet therefor; (b)the working of a quarry shall be deemed to include the operation of removing overburden thereat; (c)a mine or quarry shall be deemed to be worked notwithstanding that the only operations carried on thereat are operations carried on with a view to abandoning the mine or quarry or for the purpose of preventing the flow therefrom into an adjacent mine or quarry of water or material that flows when wet, but shall not be deemed to be worked by reason only that pumping operations are carried on thereat for the purpose of supplying water to any person. (4)References in this Act to the use of safety-lamps by way of temporary precaution shall, in relation to a mine, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed below ground in the mine in a place in which the use of naked lights might be dangerous and, in relation to a part of a mine below ground, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed in that part in such a place. (5)References in this Act to any other enactment shall be construed as references to that enactment as amended, extended or applied by or under any subsequent enactment including, except where the context otherwise requires, this Act. 183Application of Act to training mines (1)For the purposes of this Act an excavation or system of excavations made for training purposes shall be deemed to be a mine, and the use for those purposes of any premises which are a mine as defined by subsection (1) of section one hundred and eighty of this Act or are, by virtue of this section, deemed to be a mine shall be deemed, for the purposes of this Act, to constitute the working of the mine ; but the Minister may by order direct that this Act shall, in its application to any such premises as aforesaid which are used exclusively for training purposes, have effect subject to such exceptions, adaptations and modifications as may be specified in the order. (2)In this section the expression "training purposes " means the purposes of instructing or training below ground persons in, or in any work connected with, mining minerals. Relationship of Factories Acts and this Act in case of certain premises 184Relationship of Factories Acts and this Act in case of certain premises (1)None of the provisions of the Factories Acts, 1937 and 1948, shall apply to any premises forming part of a mine or quarry. (2)In the case of any premises to which all or any of the provisions of the Factories Acts, 1937 and 1948, would apply but for subsection (1) of this section, the Ministers may by order direct that that subsection shall not apply to the premises and that the premises shall be treated for the purposes of this Act as not forming part of a mine or quarry. (3)In the case of any premises to which all or any of the provisions of the Factories Acts, 1937 and 1948, apply, being premises which, but for the proviso to subsection (3) of section one hundred and eighty of this Act, would be deemed for the purposes of this Act to form part of a mine or quarry, the Ministers may by order direct that neither any of the provisions of those Acts nor that proviso shall apply to the premises. (4)In the case of premises which are a factory within the meaning of the Factories Acts, 1937 and 1948, or to which all or any of the provisions of those Acts apply as if the premises were such a factory, being premises which, though not forming part of a mine or quarry, are occupied by the owner of a mine or quarry and used solely for the purpose of the provision or supply for or to a single mine or quarry, or jointly for or to more than one mine or quarry, of services or electricity, the Ministers may by order direct that, while the order is in force, none of the provisions of the Factories Acts, 1937 and 1948, shall apply to the premises and the premises shall be deemed for the purposes of this Act to form part of the mine or quarry or, as the case may be, of such one of them as may be specified in the order. (5)References in subsections (1) to (4) of this section to provisions of the Factories Acts, 1937 and 1948, shall be construed as exclusive of references to sections one hundred and seven and one hundred and eight of the Factories Act, 1937 (which respectively apply other provisions of that Act to building operations undertaken by way of trade or business or for the purposes of any industrial or commercial undertaking and to works of engineering construction so undertaken) and to the other provisions of those Acts in so far as, by virtue of the said sections one hundred and seven and one hundred and eight, they are applicable to such operations or works ; but— (a)the said section one hundred and seven shall not apply to any building operations undertaken below ground in a mine ; and (b)the said section one hundred and eight shall not apply to any works of engineering construction undertaken at a mine (whether above or below ground) or at a quarry. (6)Where any machinery or apparatus is situate partly in a mine or quarry and partly in a factory within the meaning of the Factories Acts, 1937 and 1948, the Ministers may by order direct that it shall be deemed, for the purposes of this Act and the Factories Acts, 1937 and 1948, either to be wholly situate in the mine or quarry and not to be situate in the factory or to be wholly situate in the factory and not to be situate in the mine or quarry. (7)In this section the expression " the Ministers " means the Minister and the Minister of Labour and National Service and references to building operations and works of engineering construction shall be construed in like manner as if they were references contained in the Factories Act, 1937. Repeals, Savings, Transitional Provisions, &c 185Repeal, in part, of s. 2 of 46 and 47 Vict. c. 31 So much of section two of the Payment of Wages in Public Houses Prohibition Act, 1883, as excludes from the definition of " workman " contained in that section a person employed in a mine to which the Coal Mines Act, 1911, or the Metalliferous Mines Regulation Act, 1872, applies shall cease to have effect. 186Repeal of s. 21 of 16 and 17 Geo. 5. c. 28 Section twenty-one of the Mining Industry Act, 1926 (which enables provision to be made for the establishment of joint committees for coal mines) shall cease to have effect. 187Application of Part XIV of this Act to enactments relating to checkweighing and hours of work below ground (1)The provisions of Part XIV of this Act shall have effect as if the provisions of the Coal Mines Regulation Act, 1887, the Coal Mines (Check Weigher) Act, 1894, and the Coal Mines (Weighing of Minerals) Act, 1905 (which relate to check weighing), and of the Coal Mines Regulation Act, 1908 (which relates to hours of work below ground), were included in this Act. (2)Expressions used in the provisions of the said Acts to which meanings are assigned by this Act for the purposes thereof shall have those meanings for the purposes of the said provisions, and a person who is for the time being treated for the purposes of this Act as the manager of a mine shall also be treated for the purposes of the said Act of 1908 as the manager of that mine. 188Minor and consequential amendments of other enactments The enactments specified in the Fourth Schedule to this Act shall have effect subject to the amendments respectively specified in relation thereto in that Schedule (being minor amendments and amendments consequential on the provisions of this Act). 189General repeals The enactments mentioned in the first and second columns of the Fifth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule, and Regulation sixty A of the Defence (General) Regulations, 1939, is hereby revoked. 190Power of Minister to provide for continuance in force of certain regulations and enactments (1)The Minister may by order made before, but expressed to come into operation at, the commencement of this Act, re-enact (to the extent to which they could, by virtue of this Act, be enacted in regulations made under section one hundred and forty-one thereof)— (a)provisions of any regulation having effect by virtue of section eighty-six of the Coal Mines Act, 1911, or of any order having effect by virtue of section sixty-one of that Act; (b)provisions of any enactment repealed by the last foregoing section in so far as that enactment is not re-enacted in this Act;subject to such modifications (if any) as appear to him to be consequential on the passing of this Act or requisite for the purpose either of bringing those provisions into conformity with this Act or of expressly limiting their operation to mines or quarries of the class to which their operation is limited immediately before the commencement of this Act. (2)An order under the foregoing subsection shall set out in a schedule to the order the provisions thereby re-enacted, and may direct that those provisions shall have effect as if they were regulations made under section one hundred and forty-one of this Act and provide for the mode of citation thereof and may contain provision with respect to any matters for which it appears to the Minister expedient to provide for the purposes of the transition to the provisions of the order from the provisions of the regulation, order or enactment thereby re-enacted. (3)For the avoidance of doubt it is hereby declared that the power conferred by subsection (1) of this section extends, in a case where provision is made by this Act for the granting by regulations of exemptions from an enactment contained therein (being an enactment which re-enacts, with or without modifications, a provision of a regulation having effect by virtue of section eighty-six of the Coal Mines Act, 1911, or of an enactment repealed by the last foregoing section), to the re-enactment, by way of exemption from the first-mentioned enactment (but not to a greater extent than is authorised by this Act), of any exception or exemption subject to which the provision re-enacted had effect. 191General savings (1)Nothing in this Act shall affect— (a)any special regulation made under an enactment repealed by this Apt; (b)any rule made by the Mining Qualifications Board constituted under the Coal Mines Act, 1911; (c)any order with respect to fees, notification of accidents or the manner in which persons are to be searched, being an order made under an enactment repealed by this Act or by the said Act of 1911 ; (d)any rule made under section fifty of the said Act of 1911 ; or (e)any certificate issued, exemption, consent, approval, permission or authority granted or any other thing done under an enactment repealed by this Act;but any such regulation, rule or order so made or any certificate, exemption, consent, approval, permission, authority or thing so issued, granted or done shall, if in force at the commencement of this Act and so far as it could have been made, issued, granted or done under this Act, have effect as if it had been so made, issued, granted or done. (2)Nothing in this Act shall affect any special rule established under an enactment repealed by this Act, but any such rule so established shall, if in force at the commencement of this Act and so far as it could, had it been a regulation, have been made under this Act, have effect as if it had been a regulation so made. (3)Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act. (4)Any inquiry or formal investigation under section eleven or eighty-three of the Coal Mines Act, 1911, which is uncompleted at the commencement of this Act may be carried on and completed in all respects as if this Act had not passed. (5)Any person holding office or acting or serving under or by virtue of an enactment repealed by this Act shall continue to hold office or to act or serve as if he had been appointed under or by virtue of the corresponding enactment in this Act. (6)Any register kept under an enactment repealed by this Act shall be deemed part of the register to be kept under the corresponding enactment in this Act. (7)Nothing in this Act shall affect the definition of "mine" for the purposes of the Rating and Valuation (Apportionment) Act, 1928. (8)The mention of particular matters in this section shall be without prejudice to the general application of section thirty-eight of the Interpretation Act, 1889, with regard to the effect of repeals. 192Saving for persons managing certain small mines at commencement of this Act A person who, immediately before the commencement of this Act, is, by virtue of subsection (3) of section two of the Coal Mines Act, 1911, exercising and performing, in relation to a mine of coal, stratified ironstone, shale or fireclay then exempt from the provisions of that section, the powers and duties conferred and imposed by that Act on the manager of a mine, may be manager of that mine or another mine of coal, stratified ironstone, shale or fireclay at any time at which the number of persons employed below ground in the mine does not exceed thirty and no direction is in force with respect to the mine under paragraph (b) of subsection (2) of section four of this Act or under subsection (3) of that section, notwithstanding that he does not possess the qualifications required by this Act for appointment as manager thereof. 193Saving for common law rights of workmen, and c No provision of this Act, of any order made thereunder or of regulations shall be construed as derogating from any rule of law with respect to the duties owed by masters to their servants (including, in particular, but without prejudice to the generality of the foregoing words, the duty to provide a safe system of working), and section one of this Act shall not be construed as derogating from any obligation imposed by or by virtue of any other provision of this Act upon the owner of a mine or quarry. 194Commencement This Act, except sections one hundred and seventy-two and one hundred and ninety thereof, shall come into operation on such day as the Minister may by order appoint, and those sections shall come into operation on the passing of this Act; and for the purposes of this Act and of the application thereto of section thirty-seven of the Interpretation Act, 1889 (which relates to the exercise of statutory powers between the passing and the commencement of an Act) references to the commencement of this Act shall, notwithstanding the provisions of section thirty-six of the said Act of 1889 with respect to the construction of the expression " commencement ", be construed as references to the time at which this Act, except the said sections one hundred and seventy-two and one hundred and ninety, comes into operation. 195Short title and extent (1)This Act may be cited as the Mines and Quarries Act, 1954. (2)This Act shall not extend to Northern Ireland. ### 1Payments by reference to established claims (1)The provisions of this Part of this Act shall have effect for requiring payments to be made by the Central Land Board, by reference to claims established under Part VI of the Town and Country Planning Act, 1947 (in this Act referred to as " the principal Act"), in cases where the land, or part of the land, in respect of which such a claim was established, or the interest in land to which such a claim related, or the benefit, or part of the benefit, of such a claim, has before the commencement of this Act been the subject of an act or event such as is specified in any of those provisions. (2)The claims referred to in the preceding subsection are claims for payments under the scheme which, but for the provisions of section two of the Town and Country Planning Act, 1953 (in this Act referred to as " the Act of 1953 "), would have fallen to be made under section fifty-eight of the principal Act (which provided for payments in respect of depreciation of land values in accordance with a scheme to be made under that section). (3)A claim for such a payment in respect of an interest in land shall for the purposes of this Act toe taken to have been established in respect of that land under Part VI of the principal Act if an amount was determined under the said Part VI, or is so determined after the commencement of this Act, as being the development value of the interest to which the claim related, and payment in respect of that interest would not have been excluded— (a)by section sixty-three of the principal Act (which excluded claims where the development value was small in proportion to the area, or to the restricted value, of the land); or (b)by any of sections eighty-two to eighty-five of the principal Act (which relate to certain land belonging to local authorities, development corporations and statutory undertakers, and to land held on charitable trusts); or (c)by section eighty-four of the principal Act as applied by regulations under section ninety of that Act (which relates to the National Coal Board). (4)In this Act the expression " established claim " means a claim which by virtue of the last preceding subsection is to be taken to have been established as mentioned in that subsection, and references to the establishment of a claim shall be construed accordingly ; and the expression " the claim area ", in relation to an established claim, means the land in respect of which the claim is toy virtue of that subsection to be taken to have been established. (5)References in this Act to the benefit of an established claim— (a)in relation to any time before the passing of the Act of 1953, whether before or after the making of the claim, or before or after the establishment thereof, shall be construed as references to the prospective right, under and subject to the provisions of the scheme referred to in subsection (2) of this section, to receive a payment in respect of the interest in land to which the claim related ; and (b)in relation to any time after the passing of the Act of 1953 (whether before or after the commencement of this Act), shall be construed as references to such prospective right to the satisfaction of the claim as subsisted immediately before the commencement of this Act by virtue of section two of that Act;and references to part of the benefit of an established claim shall be construed accordingly. (6)References in this Act to the amount of an established claim are references to the amount determined, whether before or after the commencement of this Act, under Part VI of the principal Act as being the development value of the interest in land to which the claim related:Provided that the provisions of the First Schedule to this Act shall have effect for the purpose of determining that amount, and where that amount was determined at a time before the commencement of this Act as an amount less or greater than it would have been if those provisions had at that time had effect in relation thereto, that determination shall be deemed not to have been made. 2Claim holdings, their areas and values, and apportionment of values between parts of areas (1)Subject to the provisions of this Act, references therein to a claim holding are references to the benefit of an established claim, references to the area of a claim holding are references to the land which, in relation to the established claim constituting that holding, is the claim area, and references to the value of a claim holding are references to the amount of the established claim constituting that holding. (2)The provisions— (a)of the Second Schedule to this Act, relating to cases where a claim holding was pledged to the Central Land Board; and (b)of the Third Schedule to this Act, relating to cases where a claim holding related to an interest in land and a payment has become, or (becomes, payable under section fifty-nine of the principal Act (which provides for payments in respect of certain war-damaged land) in respect of the like interest in the whole or part of that land with or without any other land,shall have effect for extinguishing the claim holding, or reducing the value thereof, or for treating the claim holding as divided into two or more claim holdings and extinguishing any of those holdings or reducing the value thereof. (3)Where by virtue of any disposition of part of the benefit of an established claim, not being a mortgage made otherwise than by way of assignment, different persons became entitled to different parts of that benefit, then, as from the date of that disposition (in this subsection referred to as " the relevant disposition "), each of those different parts shall be treated as having constituted a separate claim holding, and the area and value of each of those separate holdings at any material time after the relevant disposition shall be taken to have been such as may, on the occasion of an apportionment affecting that holding falling to be made for any of the purposes of this Act, be determined by the authority making the apportionment, or, where that authority's findings are referred to the Lands Tribunal under any provision of this Act, by that Tribunal, to be just and appropriate in all the circumstances; and in making their determination the authority or Tribunal shall in particular have regard to the following principles, that is to say— (a)that the aggregate of the values of all claim holdings representing parts, of the benefit of the same established claim shall not exceed the amount of that established claim; (b)that, subject to the preceding paragraph, where a claim holding representing part only of the benefit of an established claim has been pledged to the Central Land Board within the meaning of the Second Schedule to this Act, otherwise than as is mentioned in paragraph 2 of that Schedule, and by virtue of that Schedule any deduction falls to be made from the value of that claim holding by reference to an amount due by way of development charge, the value of that holding at the time of the pledge shall not be taken to have been less than the amount credited for the purposes of the pledge by reference to the holding; (c)that, in the case of the claim holding representing the part of the benefit of an established claim which was the subject of the relevant disposition, not being a claim holding to which paragraph (d) of this subsection applies— (i)the area of the claim holding should be taken to be the claim area of that established claim less the area of any claim holding to which the said paragraph (d) applies which represents part of the benefit of the same established claim ; and (ii)the value of the claim holding immediately after the relevant disposition should, subject to paragraphs (a) and (b) of this subsection, be taken to have been that part of the amount of the established claim to which the holder purported to become entitled under the terms of that disposition; (d)that where any person who has been entitled to a claim holding representing part only of the benefit of an established claim— (i)at any time while so entitled has also been entitled to the interest in land to which the established claim related in so far as that interest subsisted in part only of the claim area; and (ii)became entitled to both that holding and that interest in such circumstances that the authority aforesaid or, as the case may be, the Lands Tribunal are satisfied that the holding and the interest were intended to relate to one another ;the area of that claim holding should be taken to be that part of the claim area, and the value of that holding immediately after the relevant disposition should, however that or any other disposition affecting the holding was expressed but subject to paragraphs (a) to (c) of this subsection, be taken to have been an amount equal to so much of the amount of the established claim as might reasonably be expected to have been attributed to that part of the claim area if the authority determining the amount of that established claim had been required to apportion it, in accordance with the same principles as applied to its determination, between that part and the residue of the claim area. (4)References in this Act to the fraction of the value of a claim holding which attaches to a part of the area of the holding are references to so much of the amount of the established claim of which that holding represents the benefit or part of the benefit (in this subsection referred to as " the relevant established claim ") as was properly attributable to that part of the area of the holding:Provided that where by virtue of any provision of this Act the value of the claim holding at the time in question is to be treated as less or greater— (a)in a case where the area of the holding and the claim area of the relevant established claim are the same, than the amount of that established claim; or (b)in a case where the area of the holding consists of part only of the said claim area, than so much of the amount of the relevant established claim as was properly attributable to the area of the holding,the amount of the fraction aforesaid shall be treated as reduced or, as the case may be, increased proportionately. For the purposes of this subsection, the part of the amount of the relevant established claim which was properly attributable to any land forming part of the claim area shall be deemed to be so much of the amount of that claim as might reasonably be expected to have been attributed to that land if the authority determining that amount had been required to apportion it, in accordance with the same principles as applied to its determination, between that land and the residue of the claim area. (5)References in this Part of this Act, other than in this section, to the value of a claim holding are references to the value of that holding immediately before the commencement of this Act. (6)Where in accordance with any of the provisions of this Act a part of the benefit of an established claim constitutes a separate claim holding, the interest in land to which that claim holding related— (a)if the established claim related to the fee simple of the claim area, shall be taken to have been the fee simple of the area of the claim holding ; (b)if the established claim related to a leasehold interest, shall be taken to have been that leasehold interest in so far as it subsisted in the area of the claim holding. (7)Where in accordance with any of the provisions of this Act a claim holding (in this subsection referred to as " the parent holding ") is to be treated as divided into two or more claim holdings, a person who is for the time being the holder of one of those holdings shall be treated as having been the holder thereof at any time when he was the holder of the parent holding. (8)In this Act the expression " the holder ", in relation to a claim holding, means the person for the time being entitled to the holding or, where the holding is subject to a mortgage made otherwise than by way of assignment, means the person who would be so entitled if the holding had not been mortgaged. 3Payment where development charge incurred by claimholder or person from whom he derives title (Case A) (1)The holder of a claim holding shall, subject to the provisions of this Part of this Act, be entitled by virtue of this section to a payment in respect of that holding if either— (a)he has incurred a development charge in respect of land to which this subsection applies ; or (b)he is entitled to an interest in land to which this subsection applies, and a development charge was incurred in respect of that land by a person from whom he derives title to that interest or whose interest has subsequently become merged in that interest. (2)The preceding subsection applies to any land which constitutes the area of the claim holding, or part of that area, or which includes that area or part of that area. (3)The principal amount of a payment made in respect of a claim holding by virtue of this section— (a)if the development charge was incurred in respect of the whole of the area of the holding, or in respect of land which included the whole of that area, shall not exceed the value of the holding; (b)if the development charge was incurred in respect of part of the area of the holding, or in respect of land which included part (but not the whole) of that area, shall not exceed that fraction of the value of the holding which attaches to that part of the area of the holding. (4)Subject to the last preceding subsection, and to the two next following subsections, the principal amount of a payment made by virtue of this section by reference to a development charge shall be the amount of the charge. (5)Where apart from this subsection a payment would be payable toy virtue of this section by reference to a development charge, and by reason of the payment of that charge— (a)compensation has become payable (whether before or after the commencement of this Act) under subsection (1) of section twenty-two of the principal Act (which relates to cases where planning permission is revoked or modified), or the amount of any compensation so payable has been increased; or (b)in connection with a compulsory acquisition of land (whether before or after the commencement of this Act) the operation of subsection (4) of section fifty-one of the principal Act (which relates to planning permission granted before the notice to treat) has been excluded and the compensation payable in respect of the acquisition has been thereby increased; or (c)on a sale to a public authority possessing compulsory purchase powers (whether before or after the commencement of this Act) the sale price has been increased by being calculated on the basis that the operation of subsection (4) of the said section fifty-one was excluded,the Central Land Board shall reduce or disallow the payment as the Board or, where the Board's findings are referred to the Lands Tribunal under section thirteen of this Act, that Tribunal may determine to be appropriate, having regard to the compensation, or increased compensation, or increased price, as the case may be, payable by reason of the development charge. (6)Where two or more payments are payable by virtue of this section in respect of different claim holdings but by reference to the same development charge, and apart from this subsection the aggregate of the principal amounts of those payments wo