§ (4) Where the Minister exercises hit powers of purchasing wagons under this Section, or of prohibiting or restricting the use of privately-owned wagons, or of limiting the number of wagons to be so used, the following provisions shall have effect:
§ (a) The reasonable facilities which every railway company is required to afford under Section two of the Railway and Canal Traffic Act, 1854, as amended or explained by any other Act, shall where the railway wagons of traders of any class have been purchased include the provision of suitable railway wagons for the use of traders of that class:
§ (c) Notwithstanding the provisions of any other Act or any decision there under, in determining what sum may be charged under the provisions of any Railway Rates and Charges Order for the detention of wagons at the premises of any trader, regard shall be had to the requirements and reasonable usages of the trade at those premises carried on in connection with which such wagons are used.
§ (5) Notwithstanding any statutory or other provision to the contrary it shall be lawful for the Minister to make Regulations prohibiting or 1568 restricting the use on railways of privately-owned wagons or restricting the number of wagons to be so used and prescribing the type and capacity thereof:
§ Provided that nothing in this Act shall authorise the prohibition of the use on railways of such wagons as comply with Regulations for the time being in force made in pursuance of the Railways Clauses Consolidation Act, 1845, or any other enactment in force at the date of the passing of this Act and as are in use, under repair, or in course of construction at that date.
§ Lords Amendments:
At end of Sub-section (4, a), insert the words
and it shall be the duty of the Minister so to exercise his powers of working or disposing of the wagons purchased by him as to enable the railway companies to fulfil their obligations under this provision as fully as may be. practicable.
§ In paragraph (c), leave out the words "at those premises."—Agreed to.
§ After the word "on." insert the words "at those premises."—Agreed to.
§ In Sub-section (5), leave out the word "restricting," and insert instead thereof the word "limiting."—Agreed to.
§ After "1845," insert the words "the Railways Clauses Consolidation (Scotland) Act, 1845"—Agreed to.