of Accidents) Act, 1900. provisions of this and any other Act shall apply as if the order or direction were a rule under this Act. 9. The Board of Trade may extend the time fixed by them Power to under this Act for the making of objections or suggestions with extend time respect to draft rules, or the giving of a notice requiring an objection to be referred to the Commissioners, in the case of any objection, suggestion, or notice, if it is shown to their satisfaction that the extension of time is justified by the special circumstances of the case. vary rules. 10. (1.) Any person affected by any rule made under this Application Act, which has been in operation for a period exceeding three to rescind or months, may apply to the Board of Trade to make a rule rescinding or varying the same. Such application shall be made in writing and shall be accompanied by a statement of the grounds upon which it is made. (2.) If any such application is made within eighteen months after the date on which the rule in respect of which the application is made has come into operation, and the Board of Trade decline to entertain the application, the Board of Trade shall, if requested by the person making the application, refer it to the Railway and Canal Commissioners, and the Commissioners shall consider and decide whether the application is reasonable or not, as if it were an objection to a rule under this Act, and if they decide that the application is reasonable, the Board of Trade shall propose a rule to meet it. 11.—(1.) If any railway company or other company or person Penalties. acts in contravention of, or fails to comply with, any rule under this Act, then (a) the company or person shall be liable for each offence on conviction under the Summary Jurisdiction Acts to a fine not exceeding fifty pounds, or in the case of a continuing offence to a fine not exceeding ten pounds for every day during which the offence continues after conviction; or (b) on the application of the Board of Trade, compliance with the rule may be enforced by the Railway and Canal Commissioners as if the rule were an order made by those Commissioners in the exercise of their statutory jurisdiction. (2.) A summary conviction for an offence under this section shall be subject to an appeal to a court of quarter sessions in manner provided by the Summary Jurisdiction Acts. missioners. 12. The proceedings on and incidental to the consideration of Procedure an objection by the Railway and Canal Commissioners under this before ComAct shall be conducted in accordance with rules made by the Commissioners, and provision may be made by those rules for the consideration of any matter either by a single Commissioner, or by a Commissioner or Commissioners, with one or more assessors, for the award of costs where in the opinion of the Commissioners a requirement to refer an objection to the Commissioners is frivolous. Inspection and notices of accidents. Issuing debenture stock to meet expenses in curred under this Act. Staff, inquiries, and experi ments. of Accidents) Act, 1900. and vexatious, and for hearing any persons the Commissioner + think fit to hear either in support of or in opposition to an objection. 13.-(1.) The powers of the Board of Trade for the inspection of railways shall include power to inspect any railway for the purpose of ascertaining whether there is any ground for proceeding under this Act, or whether there has been any contravention of or default in compliance with any rule made under this Act. (2.) The duty of a railway company to give notice of accidents shall apply to accidents attended with loss of life or personal injury to any person in the employment of the company on any line, or siding having a junction with the railway of the railway company, but not belonging to or in the occupation of any railway company, in like manner as it applies to such accidents when occurring on the railway of the company, and the provisions relating to the notice of such accidents shall have effect accordingly. (3.) Where any line or siding is used in connection with a factory, workshop, or mine, and is neither part of the factory, workshop, or mine, nor a railway within the meaning of this Act, the occupier of the factory or workshop, or the agent, occupier, or manager of the mine, shall be under the same obligation to give notice of accidents occurring on the line or siding to persons employed in the factory, workshop, or mine, as a railway company in the case of accidents cccurring on a railway; but the notice shall be given to the Secretary of State, and the Secretary of State shall have the same powers and duties with respect to inquiries and investigations and the appointment of an assessor to the coroner as the Board of Trade has in similar cases. 14. Where the requirements of any rules under this Act involve any expenditure by a railway company which would properly be chargeable to capital account, the company may furnish to the Board of Trade an estimate of the expenditure, and thereupon. the Board of Trade shall, on the application of the company, fix and determine the sum which is properly chargeable to capital account, and the company may issue debentures or debenture stock ranking pari passu with any existing debentures or debenture stock of the company, bearing interest at a rate net exceeding five per cent. per annum, to an amount not exceeding the sum so fixed and determined, and any money raised under the provisions of this section shall be applied in carrying out the requirements of the rules, and to no other purpose whatsoever, and no other authority, save the certificate of the Board of Trade, shall be requisite to authorise and validate the issue of the debentures or debenture stock. 15. (1.) The Board of Trade may (with the concurrence of the Treasury as to number and salary) appoint or employ such persons as appear to them to be required for carrying this Act into effect, and may hold such inquiries, and make such experiments as they think expedient for that purpose. of Accidents) Act, 1900. (2.) Subject to the provisions of this Act the remuneration of any such persons, and the expenses incurred by the Board in relation to any inspection, inquiry, or experiment under this Act shall (to an amount approved by the Treasury) be defrayed cut of moneys provided by Parliament. (3.) It shall be the duty of every railway company to give all reasonable facilities (subject to the due working of their traffic) for conducting any experiments made by the Board of Trade for the purpose of this Act, but such experiments shall be made without risk or expense to the railway company except as may be otherwise agreed, and except in case of default on the part of the railway company in conducting the experiments. (4.) Where under this Act any objections are referred to a referee instead of to the Railway and Canal Commissioners, section three of the Board of Trade (Arbitrations, &c.) Act, 1874, shall 37 & 38 Vict. apply as if the referee were appointed on an application made in c. 40. pursuance of a special Act, and the objectors were parties to the application within the meaning of that section. (5.) Where the Board of Trade hold a special inquiry with reference to an objection to a proposed rule on the application of the objector, the person appointed to hold the inquiry may, if on the inquiry it appears to him that the circumstances were not such as to render a special inquiry necessary, order the objector to pay the whole or any part of the costs certified by the Board to have been incurred by them in holding the special inquiry, and any amount so ordered to be paid may be recovered as a debt due to the Crown. 16. In this Act and The expression "railway" means any railway used for the Definition of The expression "railway company" includes a company or company." 17. If any rule made under this Act imposes an obligation on a Obligation of railway railway company inconsistent with the terms of any lease or company agreement under which the railway of that company is worked, under terms the railway company shall not be under any liability for any of lease or breach of or default in complying with the terms of any such agreement. lease or agreement, so far as that breach or default is a necessary consequence of compliance with the rule. double 18. Nothing in this Act shall require notice of accidents to be Provision given in cases where such a notice is required to be given under against any Act relating to factories or mines, or authorise any inspection, notices, inquiry, or investigation, to be made where an inspection, inquiry, double inor investigation may be made with respect to the same matter for spections, &c. the same purpose under any other Act by, or by any officer of, a Government Department. Application to Scotland and Ireland. 27 & 28 Vict. c. 53. Short title. of Accidents) Act, 1900. 19. (1.) In the application of this Act to railways in Scotland and Ireland respectively, references to the Edinburgh or Dublin Gazette shall, as the case may require, be substituted for references to the London Gazette. (2.) In the application of this Act to railways in Scotland, the following modifications shall be made : The expression "Summary Jurisdiction Acts" means the Summary The summary jurisdiction conferred by this Act shall be exercised solely by the sheriff, and shall be held to be civil within the meaning of the twenty-eighth section of the Summary Procedure Act, 1864. The sheriff shall upon request of any party to the cause take notes of the evidence, and any party, if dissatisfied with the sheriff's judgment as erroneous either in point of law or of fact, may appeal thereagainst to either division of the Court of Session, which appeal shall be heard summarily by the said division, whose judgment shall be final. The Court of Session may, if it thinks fit, by act of sederunt regulate the form and time of presentation of such appeals. 20. This Act may be cited as the Railway Employment (Prevention of Accidents) Act, 1900. SCHEDULE. 1. Brake levers on both sides of 2. Labelling waggons. waggons. 3. Movement of waggons by propping and tow roping. 4. Steam or other power brakes on engines. 5. Lighting of stations or sidings where shunting operations are frequently carried on after dark. 6. Protection of point rods and signal wires, and position of ground levers working points. 7. Position of offices and cabins near working lines. 8. Marking of fouling points. 9. Construction and protection of gauge glasses. 10. Arrangement of tool boxes and water gauges on engines. 11. Working of trains without brake vans upon running lines beyond the limits of stations. 12. Protection to permanent way men when relaying or repairing permanent way. CHAPTER 28. An Act to amend the Inebriates Acts, 1879 to 1899, for BE E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Act, 1900. 1. Subsection (e) of section twenty-five of the Inebriates Act, Power to 1898, is hereby repealed, and in lieu thereof the following assess and provisions shall have effect: borrow. For the purpose of defraying expenditure under the Inebriates 61 & 62 Vict. Act, 1898, county councils and town councils shall c. 60. s. 25 (e). (1) have power to impose and levy an assessment in the (2) have power to borrow money on the security of the c. 38. be dealt with as 2. Every person who in any road, street, or public place, or in Certain any building to which the public have access, commits the offence offences may of behaving while drunk in a riotous or disorderly manner, may be if scheduled in prosecuted summarily on a charge under this Act, and shall be the Inebriates liable on conviction to a penalty not exceeding forty shillings, and Act, 1898. failing payment to imprisonment for a period not exceeding seven days, or in the discretion of the magistrate to imprisonment for a period not exceeding seven days. An offence under this section shall be deemed to be an offence mentioned in the First Schedule to the Inebriates Act, 1898. 3. This Act shall apply to Scotland only, and may be cited as Short title and the Inebriates Amendment (Scotland) Act, 1900, and the Inebriates extent. Acts, 1879 to 1899, and this Act may be cited together as the Inebriates Acts, 1879 to 1900. www CHAPTER 29. An Act to assimilate the County Council and Borough the [30th July 1900.] E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the London County Council Electors Short title. Qualification Act, 1900. 2. A parochial elector shall be entitled to vote at the election Amendment of a county councillor for the administrative county of London in of law as to the same manner as a county elector, and subject to the same London county qualification of provisions. electors. |