Page:Railways Act 1921 (ukpga 19210055 en).pdf/36

[Ch. 55.] position between persons entitled to the charge and other persons as existing on the said fourth day of August shall not be prejudiced or improved.

Subsequent modification of standard charges.

35. Any amalgamated company or any railway company to which a schedule of standard charges has been. applied, or any representative body of traders or any person who may obtain a certificate from the Board of Trade that he is, in the opinion of the Board of Trade, a proper person for the purpose, shall be entitled at any time to apply to the rates tribunal to modify the standard charges or any of them, or any conditions relative thereto, and, if any, such company or body of traders or person, as the case may be, prove to the satisfaction of the rates tribunal that the standard charges or conditions or any of them ought to be modified, the tribunal shall make such modifications as they think fit, and shall fix the date as from which the modified standard charges or conditions shall be effective:

Provided that subsections (3), (4), (5), and (6) of section fifty-nine of this Act shall apply to any application for a general revision or variation of standard charges of an amalgamated company under this section as if such application were a review of standard charges and exceptional charges under that section:

Provided also that, where the schedule of standard charges of any amalgamated company has been. applied to any other company, the tribunal may modify the charges or any of them in the schedule as applied to the amalgamated company without modifying them in the schedule as applied to such other company, or modify them in the schedule as applied to such other company without modifying them in the schedule as applied to the amalgamated company.

Exceptional Charges.

Provision as to existing exceptional rates

36—(1) On and from the appointed day all exceptional rate in operation immediately before the appointed day on the railway of any amalgamated company or any company to which a schedule of standard charges has been applied shall cease to operate, with the exception of such exceptional rates as—

(a) are not less than five per cent. below the standard rates which would otherwise on and from the appointed day become chargeable; and 32