Page:Railways Act 1921 (ukpga 19210055 en).pdf/39

[Ch. 55.] Provided that no trader shall be entitled to object to an increase of an exceptional rate reduced by a railway company since the appointed day unless the effect of the increase is to make the rate applicable to his traffic higher than the rate applicable thereto immediately before the reduction.

(4) Any such company may, at any time, cancel any exceptional rate which has not been fixed by the rates tribunal on giving thirty days' notice in such manner as the rates tribunal may prescribe of the proposed cancellation, and on the expiration of such notice may, if no objection be raised by any trader interested, forthwith cancel the rate as proposed, but, if any such objection be raised, the cancellation shall not have effect unless and until the rates tribunal, after giving the company an opportunity of being heard, so determine:

Provided that no trader shall be entitled to object to the cancellation of an exceptional rate granted by a railway company since the appointed day unless the effect of the cancellation is to make the rate applicable to his traffic higher than the rate applicable thereto at the date when the exceptional rate was granted.

(5) No such increase or cancellation shall take effect in the case of any exceptional rate referred to the rates tribunal under paragraph of section thirty-six of this Act pending the decision of the tribunal with reference thereto, and any exceptional rate agreed under the said section thirty-six shall not be increased or cancelled for a period-of twelve months after the appointed day except as part of a general increase under this Part of this Act or to abate an undue preference.

(6) Any trader or representative body of traders interested in the rate, or any such company, shall be entitled to apply to the rates tribunal at any time to cancel or vary any exceptional rate.

(7) Any such company may cancel any exceptional rate existing after the appointed day which for a period of two years shall not have been applied to the charging of merchandise actually forwarded by railway.

Review of competitive exceptional rates.

39. Review If and whenever representations are made to Review of the Minister by any body of persons who, in the opinion competitive of the Board of Trade, are properly representative of exceptional the interests of shipping or canals, that exceptional rates are being charged which are competitive with coastwise rates. 35