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Transport ACT in ACTION

13th December 1968
Page 33
Page 33, 13th December 1968 — Transport ACT in ACTION
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AsriO,ibre fur bus and ferry serveres

32--1.1) Subject to the provisions of this section, thn Minister may. with the approval of the Treimury, make in such eaSeS as he thinks hi a gram 10 any pers. Operating public service vehicles in Great Britain towards approved capital expenditure incurred by that pe.t.n in providing a new vehicle of a type approved for the purposes of this section by the Minister, being a vehicle which is provided for use by that person wholly or meanly as a Stage carriage in Great Britain and which use becomes available to that person for such Are on or after Minh dates not being earlier than tat September 1968. as the Minister may by order specify,

(2) In the fdregoing subsection len the expression "approved capital expenditure" moans expenditure appearing to the Minister to be of a capital nature and approved by hire for the purposes oil grant coder this section ,

lbl the enpr.5i. 7' eapendilure" in relation to the pro

vision by a person iris vehicle includes— it (i) expenditure consisting of insMIntents under a him-purchase agreement within the meaning of the Biro-Purchase Act 1965 or, as the .sa may be, tv

a. the Ffirc-Purchaw (Scotland/ Act 1465, or otherwise iSe consisting in lautalmenLy of or payenentS towards the purchase price of, or coat of providing, the vehicle; and

lib where the vehicle is provided by bring rim.. factured or wholly or partly constmcted by that person. such ram as appears to the Minister to be property attributable to its provision by him in that manner : le} the expression "raw' means unused and not second. hand.

(3/ In rnaking any grant under this section in respect of any vehicle the Minister shall impose such conditions for securing that the vehicle will be and as mentioned in subsection Ill of this section, and briay impose such other conditions, as be thinks Pt; and those conditions briny include conditions for repayment in spmified circurnsuuces.

(4) Subject to sab.ction (5) of this section, the amount of any grant under this section shall be twenty-five per cent. of I( the approved capihul expenditure in respect of which it is granted, and no airman' by way of such a grunt shall be paid in restmet of a vehicle which first becomes available for such. use as is mentioned in subsection 111 of this section after the dale of the expiration of the penod of seven years beginning with the • date Welted Under the said subsection II), (5) The Minister may by order made with the Cane. of the Treasury •

tal vary, as respects any vehicle fin.: becoming, available for such use as is mentioned in subsection Ill of this section on or after such date as may ho specified in the order. the percentage specified in subsection (41 of this venetian; or

lin amend the said subsection (d) by substituting Inc the data of the expiration of the period there mentioned such Inter date as may be specified in the ender 7 borne order shall be made under this subsection unless a draft thereof has bean approved by resolution of each House of Parliament (6) The provisions of Schedule IV to this Act shall have effect for ihe purpose of avoiding fraudulent applications toe grant under thin section and of securing the observance of any conditions attache) to any such grant.

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new BUS GrbOrr7S Stror_IrrAbb-r.bro Pernisrovs IAny person whO far the purmine Of an application he grant under orribon 32 of this Act kumnagiy vs ecklessly makes any gritEILIPTII or produces ...ay clocement which is false material panicolar shall be guilty of an offense and liable—

(el on summary mavigion to a fine not en...log.000. ur lb) on conviction on indiebrucul to a fine, or to imprisonment Inca term not esmcding two years, aria both

, 2. Ine Minister may by notice require any person who has teceived a grant under the said sodium 32. atel aay person acting his behalf. to furnisn to Ike Minion snob information, m TO produce fat exponential on behalf at the Minister such books+ reminds or other documents. as may be specified in the notice lot the purpose a enabling the bliaider to determine whether any econdiden-subject to winch the grant is made is satisfied or is being Complied with or whether the grant has become repayable in whole , Or in part in mond.nt aith any such conditinn.

3. A melee under paragraph 2 of this Schedule may require ehe information to wheal it relates to bc furnished within such time as May be specified in the rm.. and may require the mlsoameots to whech it refines to be produad at sock time and plate as may hear specified hut the time specified in such a notice for furnishing any information 0 producing any document shell not be nastier than the and of the period of twenty.eight days beginning with the version of the notice.

sls A nonce under paragraph 2 of this Schedule troy be sec-milts) by nnlnvrriegir Iothepnrarooawbnoitvtntescrrnn (a) by leaving It at the usual or last known plane of abode of than person

let by sending it by registered Inter, Or by the remnledi delivery strike, addressed ID that persnts at his usual or last known place of abode, or MI in the case in an in.rporsted company or haty, tip delivering it to dm secretary or Meek of Ile company or, body Pt their regineren or principal office, or sendiag k reghtmed letter. or by Ma recorded delivery service, addressed to the secretary or clerk of the company or hay as that office.

S. Any person who, in purported comphamic with a dales under paragraph 2 of this Schedule. linowingy or recklessly makes any sratement or produces any d.iutint which is false in a material partrouLiS shall be guilty of an offence and hable- 14) on summary oniviction to a fine not exceeding Men or (I) on .11PIPLIDP on indictment to a fine, or to Imprisonment Coo a term Da exceeding two years. or to Mali 6_ Any person win without rearonable encase tails to romphr with a POliPn under paragraph 7 of thin Schedule shah be guilty ot an inacnce and liable on summary conviction to a fine net exceeding Mt%) cr. on a second or subsequent cornice.. YAM/.

7. Any person who withom reasonable excuse fans in comply aids any condition subject to which a grant ems made to him under the said section 32 requiring hint to info. the Minister of any event whereby the gram becomes repayable in whole or is pan shall be guilty of aa offence and liable— la) on summary" coarit tiou. Ins harlot hgreealob race or

lb) en conviction on indictment. to a Lac

I. Notwithstanding mything tim section 105 of the Magistrates Gonna Am 1952 (LIMP Mug for ploceedings). summary on...dings in England and Wales tor an itfnron under paragraph 7 at the Schedule may be talon by the Munger or the Director or Pubic Promentions at any time within twelve months limn the dele to, witch evidence sufrocieat in the op.. o! Mc Minister or thy Dircaor, as the ease may he. to justify the proccedinm come§ to his knowledge but au auch procnidingn shall tw token more ;hen three years after the commission of the offence.

9. Summary prowentiogs ins Scotland for Sc °nonce under paragraph 7 of inn Schedule shall not he come:cooed aner the expiration of three yams nom tronosandoomon of the offencn but subject PO drro furgolo, Indurrion and notwithstanding anything ux scation 27 al Me Summary Jurnliction tScotlatud) Am 17.54, mauls proceeding, may be coanninced at any 6me within twelve months atter the dale. which dedenee stinioncis the maidna of the Lord Advocate to justify tbe proceedings oemes to Ins knowledge or. where such endow: was ropme4 to him by the Minster, wiiden twelve Toombs oher tbe date on which it came to Me Minister's knowledge l and subsection (Slot the mid welkin 23 shall apply for the purposes 01 thin paragraph am it applies !or the purposes of ilmt section.

la. For me purposes of parairraphs P toe 9 al this Saniule. a certificate of the Minister, Mc Dinicro, of Pale Prosecutions or She Lord Advocate. sortie ease may hr.. los the due on which such evkience as atonalnid came tO his knowledge shun be conclusive evidence of that fact.

IL—Ill Where an offence under Mix nclrodnmie committed by a body mrporaie is proved to have been COMMill.3 with ON consent or ...ace of, or 10 be attributable to any neglect on hr part oh. any director. manage,. secretary or ocher shnilar off,er of the body corporate or any person who Ives purporting to art i/ any such capacity, he as well as ific body corporate shall he guilty of Mai rAcrwe aml shall be liable to be proceeded am., and punished accordingly. tid) In the foregoing sub.naraaraph "dirctitor ". in relation to a Cody corporate established by or under any manment for the purpose of carrying on under national ownership any induitry or part of an indnury or undertaking. being a body nuparate whone Oran, net managed by II, triCrtitnts. melons a member of tsar body

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