T.C. Outside 1930 Act
Page 32
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AN order, .prohibiting the , South Wales Licensing Authority from hearing an application for increased fares lodged by Red and White Services, Ltd., was granted to Ebbw Vale Urban District Council by the King's Bench Divisional Court on Monday. At the original hearing of the application, Ebbw Vale registered objections on the ground that the Licensing Authority had no power to deal with the matter. The objection was overruled and the hearing was adjourned.
After hearing legal argument on relevant sections of the Road Traffic Act, 1930. and the Transport Act, 1947, the Lord Chief Justice (Lord Goddard) gave judgment. The point raised, he said, turned upon the construction to be put on the sections. The ground of objection by the council was that the services to which the application referred were passenger road transport services provided by the British Transport Commission and in consequence the section of the Road Traffic Act relied on by the applicant did not apply. The B.T.C. had acquired all the shares, except two, of the Red and White company, and had complete control.
It seemed to his Lordship that, giving the relevant section of the 1947 Act Its ordinary meaning, the Commission was, in effect, providing a passenger road transport service and he was inclined to think that the company was acting as its agent in the matter. Parliament had given the Commission very wide powers and the Road Traffic Act did not apply to the application.
Mr. Justice Hilbery and Mr. Justice Hallett agreed and the order of prohibition was granted with costs.
Leave to appeal was granted to the B.T.C. and Red and White on Tuesday. The case will be heard on March 16.