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MOTOR VEHICLES AND ROAD TRAFFIC ACT (NORTHERN IRELAND) 1929 - SECT 7

Fares and rates Tribunal.

7.(1) There shall be established a tribunal (in this section referred to as
"the Tribunal") consisting of such three persons as may be appointed by the
Governor of Northern Ireland, and having jurisdiction to fix the fares to be
charged for passengers, and the rates to be charged for luggage and parcels,
conveyed by public service vehicles in respect of which conditions are imposed
by the Ministry of Home Affairs under section eleven of the principal Act as
to the route or routes which may or may not be used, the arrangement of the
services, or the time-tables to be observed; and the fares and rates within
the jurisdiction of the Tribunal are in this section referred to as "fares."

(2) The Ministry of Home Affairs shall, when it imposes any such conditions as
are mentioned in sub-section (1) of this section, refer to the Tribunal the
question of the fares to be charged for the vehicles to which the conditions
apply; and, pending the decision of the Tribunal, those fares shall be such as
the said Ministry may approve.

(3) It shall be the duty of the Tribunal to fix fares

(a)in any case which is referred to them in pursuance of sub-section (2) of
this section, or in which a representation is made to them by the Ministry of
Home Affairs to the effect that any fares in force ought to be re-considered
or revised;

(b)in any case where a local authority, or a body of persons, or a person who
deems himself aggrieved by any fares (in this section referred to as an
"aggrieved person") applies to the Tribunal to re-consider or revise any fares
in force for a public service vehicle.

A decision of the Tribunal shall be final and not subject to appeal to any
court: Provided that the said Ministry, if it has made a representation, or
any local authority, body or aggrieved person who has made an application, to
the Tribunal under this sub-section, may appeal on any point of law from the
decision of the Tribunal upon such representation or application to [the Court
of Appeal and the decision of that Court shall be final].

(4) The following provisions shall have effect for the purpose of the exercise
by the Tribunal of their powers and duties under this section:

(a)The Tribunal may hold sittings in some convenient place and thereat hear
and inquire into applications and other matters within their jurisdiction
under this section, and hear, receive and examine any evidence and information
offered respecting such applications or matters;

(b)The Tribunal may, if it appears to them that an application is unreasonable
or vexatious, order the whole or any part of the costs or expenses of holding
any sittings at which inquiry was made into such application, or of the
appearance of any person or persons at such sittings, to be paid by the local
authority, body or aggrieved person making the application, and the Tribunal
may require a local authority, body or aggrieved person making an application
to give security for the costs or expenses of holding any sittings;

(c)The Tribunal shall have, in relation to witnesses and their examination and
the production and inspection of documents, similar powers to those conferred
upon inspectors of the Ministry of Home Affairs by the Poor Relief Acts
(Northern Ireland), 1838 to 1928;

(d)The chairman of the Tribunal shall be such one of the members thereof as
the Governor of Northern Ireland may appoint;

(e)The Tribunal may act, notwithstanding any vacancy in their number, and two
members shall be a quorum;

(f)All questions brought before or arising at meetings of the Tribunal shall
be decided by the majority of the members present and voting, provided that in
the case of an equality of votes the chairman of the Tribunal shall have a
second or casting vote;

(g)Subject to the foregoing provisions of this sub-section, the Tribunal may
make regulations governing the procedure to be observed by it in the exercise
of its powers and duties.

(5) The remuneration (if any) and expenses of the Tribunal or any member
thereof, and the costs and expenses of any sittings held by the Tribunal, to
such an amount as may be approved by the Ministry of Finance, shall be paid
out of the Road Fund (Northern Ireland) in the same manner as expenses
incurred by the Ministry of Home Affairs in the administration of the
principal Act and payable out of the said Fund.

All sums payable by any local authority, body or person as or on account of
the costs or expenses of sittings held by the Tribunal shall be paid into the
Exchequer... in accordance with sub-section (1) of section twenty of the
principal Act; and there shall be charged on and issued out of the
Consolidated Fund..., and paid to the Road Fund (Northern Ireland) in
accordance with the directions of the Ministry of Finance, a sum equal to the
proceeds of all sums paid into the said Exchequer as aforesaid.

(6) The amount of any sum ordered by the Tribunal to be paid as or on account
of costs or expenses to which this section applies shall be certified by the
Tribunal and may be recovered by the Ministry of Home Affairs, in the case of
costs and expenses of sittings of the Tribunal, and, in any other case, by the
person whose costs or expenses are ordered to be paid, as a debt due from the
local authority, body or person by whom the costs or expenses are payable.

S.8 rep. by 1955 c.27 (NI) s.78 sch.3; 1970 c.2 (NI) s.192 sch.5

© 1929 Crown Copyright

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