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BOARD OF TRADE ARBITRATION &C. ACT 1874

BOARD OF TRADE ARBITRATION &C. ACT 1874 - LONG TITLE

An Act to amend the powers of the Board of Trade with respect to
inquiries, arbitrations, appointments, and other matters under special
Acts, and to amend the Regulation of Railways Act, 1873, so far as
regards the reference of differences to the Railway Commissioners in
lieu of Arbitrators.{1}
[30th July 1874]
Preliminary

BOARD OF TRADE ARBITRATION &C. ACT 1874 - SECT 1

1. This Act may be cited as "The Board of Trade Arbitrations, &c.
Act, 1874."

Power of Board of Trade as to inquiry.

BOARD OF TRADE ARBITRATION &C. ACT 1874 - SECT 2

2. Where, under the provisions of any special Act passed either
before or after the passing of this Act, the Board of Trade are
required or authorised to sanction, approve, confirm, or determine
any appointment, matter, or thing, or to make any order or to do
any other act or thing for the purposes of such special Act, the
Board of Trade may make such inquiry as they may think necessary
for the purpose of enabling them to comply with such requisition or
exercise such authority.

Where an inquiry is held by the Board of Trade for the purposes
of this section, or in pursuance of any general or special Act
passed either before or after the passing of this Act, directing or
authorising them to hold any inquiry, the Board of Trade may hold
such inquiry by any person or persons duly authorised in that
behalf by an order of the Board of Trade, and such inquiry if so
held shall be deemed to be duly held.

BOARD OF TRADE ARBITRATION &C. ACT 1874 - SECT 3
Expenses connected with arbitration, sanction, &c.

3. Where application is made in pursuance of any special Act passed
either before or after the passing of this Act, to the Board of
Trade to be arbitrators, or to appoint any arbitrator, referee,
engineer, or other person, or to hold any inquiry, or to sanction,
approve, confirm, or determine, any appointment, matter, or thing, or
to make any order, or to do any other act or thing for the
purposes of such special Act, all expenses incurred by the Board of
Trade in relation to such application and the proceedings consequent
thereon, shall, to such amount as the Board of Trade may certify
by their order to be due, be defrayed by the parties to such
application, and (subject to any provision contained in the said
special Act) shall be defrayed by such of the parties as the Board
of Trade may by order direct, or if so directed by an order of
the Board of Trade shall be paid as costs of the arbitration or
reference.

The Board of Trade may, if they think fit, on or at any time
after the making of the application, by order require the parties
to the application, or any of them, to pay to the Board of Trade
such sum as the Board of Trade think requisite for or on account
of those expenses, or to give security to the satisfaction of the
Board of Trade for the payment of those expenses on demand, and if
such payment or security is not made or given may refuse to act
in pursuance of the application.

All expenses directed by an order of the Board of Trade or an
award in pursuance of this section to be paid may be recovered in
any court of competent jurisdiction as a debt, and if payable to
the Board of Trade, as a debt to the Crown; and an order of the
Board of Trade shall be conclusive evidence of the amount of such
expenses.

BOARD OF TRADE ARBITRATION &C. ACT 1874 - SECT 4
Meaning of ""special Act.''

4. In this part of this Act the term "special Act" means a local
or local and personal Act, or an Act of a local and personal
nature, and includes a provisional order of the Board of Trade
confirmed by Act of Parliament and a certificate granted by the
Board of Trade under the Railways Construction Facilities Act, 1864.

...

S.5 rep. by SLR 1883

Power of Board of Trade to appoint Railway Commissioners to be
arbitrators or umpire.

BOARD OF TRADE ARBITRATION &C. ACT 1874 - SECT 6

6. Where any difference to which a railway company or canal company
is a party is required or authorised under the provisions of any
general or special Act passed either before or after the passing of
this Act, to be referred to the arbitration of or to be determined
or settled by the Board of Trade, or some person or persons
appointed by the Board of Trade, the Board of Trade may, if they
think fit, by order in writing under the hand of the President or
one of the secretaries of the Board, refer the matter for the
decision of the Railway Commissioners, and appoint them arbitrators
or umpire, as the case may be, and thereupon the Commissioners for
the time being shall have the same powers as if the matter had
been referred to their decision in pursuance of the Regulation of
Railways Act, 1873, and also any further powers which the Board of
Trade, or an arbitrator or arbitrators, or umpire, appointed by the
Board of Trade, would have had for the purpose of the arbitration,
if the difference had not been referred to the Commissioners:....

BOARD OF TRADE ARBITRATION &C. ACT 1874 - SECT 7
Declaration as to powers of Commissioners in arbitrations.

7. Where any difference is referred for the decision of the
Commissioners in pursuance of the Regulation of Railways Act, 1873,
as amended by this part of this Act, the Commissioners shall have
the same power by their decision of rescinding, varying, or adding
to any award or other decision previously made by any arbitrator or
arbitrators (including therein the Board of Trade) with reference to
the same subject matter as any arbitrator or arbitrators would have
had if the difference had been referred to him or them.

BOARD OF TRADE ARBITRATION &C. ACT 1874 - SECT 8
Duration, &c. of part of Act, and construction with 1873 c.48.

8. This part of this Act shall be construed as one with the
Regulation of Railways Act, 1873....

The Regulation of Railways Act, 1873, together with this part of
this Act, may be cited as "The Regulation of Railways Acts, 1873
and 1874."