A.D. 1928. ELEVENTH SCHEDULE. PROVISIONS FOR SECURING ALLOWANCE OF REBATES TO OF CERTAIN COMPANIES. PART I. 1. The companies to which this Schedule applies are : 5 (a) every railway company for which a schedule of standard charges has been settled under the Railways Act, 1921, or to which such a schedule is for the time being applied under section thirty-three of that Act, 10 being a company whereof the railway is used for the conveyance of merchandise otherwise than by passenger train or carriage; and (b) every light railway company, being a company whereof the light railway is used as a public railway 15 for the conveyance of merchandise otherwise than by passenger train or carriage; and such companies are in this Schedule referred to as "the companies." 2. There shall be established and maintained a fund to be 20 called the "Railway Freight Rebates Fund" (hereinafter referred to as "the fund") which shall be administered and controlled subject to the provisions of this Schedule by the Railway Clearing House, and as from the first day of October, nineteen hundred and twenty-nine, each of the companies shall pay to the fund 25 in respect of every half-year sums equal in the aggregate to the rate relief of the company in that half-year. The sums payable under this paragraph shall be paid by equal monthly instalments, subject to adjustment in the last payment in respect of every half-year : the first instalment in respect of every half-year 30 shall be paid not later than the fifteenth day of the second month in that half-year. 3. The companies shall jointly, on or before the first day of June, nineteen hundred and twenty-nine, prepare and submit to the tribunal a scheme (hereinafter referred to as "the 35 scheme") providing for the allowance by the companies of rebates from the carriage charges made by them in respect of the selected traffics, calculated in manner hereinafter appearing : Provided that a scheme shall be deemed to have been A.D. 1928. prepared and submitted to the tribunal by the companies jointly if it has been prepared and so submitted by or on behalf of companies (being companies to which this Schedule applies) 5 of which the aggregate total expenditure on capital account is not less than ninety per cent. of the aggregate total expenditure on capital account of all the companies. 4. If the scheme so provides there shall, in every year, be set aside in the fund for the purpose of meeting any deficiency 10 therein at the end of the year a contingency reserve of such an amount, not exceeding five per cent. of the aggregate of the sums paid and payable into the fund in respect of that year under paragraph 2 of this Part of this Schedule, as the scheme may determine. 15 20 25 30 5.-(1) There shall in respect of every year be paid out of the general moneys of the fund (a) in respect of administrative expenses, a sum equal to (b) to each of the companies a sum, determined in accord- (2) Out of the sum payable under sub-paragraph (1) (α) of this paragraph there shall be allocated and paid to the Railway Clearing House a sum equal to the amount of the administrative expenses incurred by them in that year in giving effect to the provisions of this Schedule and the balance shall be 35 appropriated for the purpose of meeting the administrative expenses of the companies incurred in that year under the scheme and shall be apportioned between the companies and paid to them in proportion to the rebates respectively allowed by them under the scheme. 40 45 6.-(1) The rebates provided for by the scheme shall be so calculated, as nearly as may be, that (a) the aggregate of the rebates in respect of the group of 11TH SCH. -cont. A.D. 1928. 11TH SCH. -cont. (b) the aggregate of the rebates in respect of the group of (c) the aggregate of the rebates in respect of the group of 5 (2) The scheme shall make provision for securing that the rebates in respect of each of the several traffics contained in 10 the several groups, other than rebates from tolls, will be at a uniform rate and that rebates from any toll in respect of the selected traffics shall be such percentage of the toll as may be determined by the scheme. (3) In preparing the scheme (a) the receipts of the companies in respect of the several selected traffics shall, for the purpose of calculating the rebates to be allowed under the scheme, be taken to be those estimated for the year nineteen hundred and twenty-seven; and (b) the rate-relief of the companies in the year beginning on the first day of October nineteen hundred and twenty-nine shall be taken to be of such amount as may be estimated by the companies. 15 20 (4) The scheme shall provide for the manner in which the 25 rebates thereby provided for are to be allowed, and for the time at which payments or instalments of payments are to be made out of the fund to the companies, and contain such supplemental and consequential provisions as may be necessary for giving effect to the objects of this Schedule, and, in particular, 30 may make provision for enabling rebates to be allowed in respect of merchandise consigned as being intended to be so used, shipped or delivered as to constitute it a selected traffic, before it has been so used, shipped or delivered, and may contain provisions enabling the Railway Clearing House 35 to remit any repayment due to the fund by any company in respect of any amount allowed in error by the company in excess of the rebates required by the scheme if the Railway Clearing House are satisfied that all proper precautions were taken by the company to avoid such errors and that recovery by the 40 company of the amount allowed in excess is not reasonably practicable. 7.-(1) Printed copies of the scheme as submitted to the tribunal shall be made available by the companies for purchase at such places and at such price as the tribunal may direct, and 45 notice of the places and price at which such copies may be purchased shall be published in the London and Edinburgh Gazettes. Not less than twenty-one days after the publication of the said notices the tribunal shall consider the scheme, and, after hearing 5 any of the companies or any representative body of traders interested which may be desirous of being heard, shall have power to make such modifications therein, if any, as the tribunal think necessary or desirable, and upon receiving a certificate, as respects England from the Minister of Health and as respects Scotland from 10 the Secretary of State, showing the amount estimated by them respectively as being the estimated rate-relief of the companies in the year beginning on the first day of October, nineteen hundred and twenty-nine, shall treat the estimates shown by the certificates as being substituted for the corresponding 15 estimates made by the companies in preparing the scheme and shall make such modifications in the scheme as may be thereby rendered necessary. (2) After making such modifications in the scheme as the tribunal are hereinbefore required to make and any other modifi20 cations which they think necessary or desirable, and upon being satisfied that the scheme complies with the requirements of this Schedule, the tribunal shall, not later than the thirty-first day of July, nineteen hundred and twenty-nine, approve the scheme. 8. If the companies fail to submit the scheme to the 25 tribunal before the said first day of June, or before such later date as may be allowed by the tribunal, the scheme shall be prepared and made by the tribunal before the said thirty-first day of July, and the companies shall furnish to the tribunal such information as the tribunal may require for that purpose. 30 9. The scheme, as so approved or made by the tribunal ander the foregoing provisions of this Schedule, shall come into operation on the first day of October, nineteen hundred and twenty-nine, and shall not be altered or revoked otherwise than as hereinafter in this Schedule provided, and any person against 35 whom a carriage charge is made by any of the companies in respect of any of the selected traffics delivered on or after that date for conveyance by railway shall be entitled to such rebate therefrom as may be provided for by the scheme. 10.-(1) The tribunal shall review the operation of the 40 scheme within two months after the end of every year and shall give not less than twenty-one days' notice of the date, time and place of the sitting at which the review will take place, and at any such review the tribunal, after hearing any of the companies or any representative body of traders interested which 45 may be desirous of being heard, and after considering all the circumstances (including the receipts of companies in respect of the several selected traffics delivered during the year preceding Provided that (a) the tribunal shall not by any such order alter the rate for the time being in force of any rebate provided for by the scheme unless (i) a debit balance has been brought forward in the fund from the last preceding year; or 10 (ii) the tribunal is of opinion that in the year in which the review takes place the amount of the rate-relief of the companies will be less than the 15 amount thereof estimated for the purpose of calculating the rebates in force, and that, unless such alterations are made, there will be a deficiency in the fund in respect of that year; or (iii) the tribunal is of opinion that, unless such 20 (b) the rates of rebates for the time being in force in (c) no alteration shall in any case be made in the rates of (2) In this paragraph the following expressions have the meanings hereby respectively assigned to them, that is to say:- 45 "Appropriate proportion of the net revenue of the fund" means, as respects any group of selected traffics, |