Bitton Light Railway Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/134 |
| Year | 1991 |
1991 No. 134
TRANSPORT
The Bitton Light Railway Order 1991
Made 28th January 1991
Coming into force 29th January 1991
The Secretary of State for Transport, on the application of Kingswood Borough Council and the Bitton Railway Company Limited, and in exercise of powers conferred by sections 3, 7, and 9 to 12 of the Light Railways Act 18961, and by section 121(4) of the Transport Act 19682, and now vested in him3, and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation and commencement
1. This Order may be cited as the Bitton Light Railway Order 1991 and shall come into force on 29th January 1991.
Interpretation
2. In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—
“the Board” means the British Railways Board;
“The Board’s railway” means the railway or former railway of the Board described in Schedule 1 to this Order together with all lands and works relating thereto;
“The Company” means the Bitton Railway Company Limited incorporated under the Companies Acts 1948 to 1976 and having its registered office at Bitton Railway Station, Willsbridge, Bristol;
“The Council” means the Kingswood Borough Council;
“the lease” means any lease granted under paragraph (1) of article 6 (Leasing and sale of railway to Company) of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“the operators” means the Council;
Provided that—
(a) during the currency of the lease and subject to the terms thereof “the operators” in respect of so much of the railway as is so demised shall include the Company; and
(b) if the freehold of the railway is at any time vested in the Company pursuant to article 6 of this Order “the operators”, in respect of so much of the railway as is so vested, shall thereafter mean the Company and not the Council;
“the principal Act” means the Light Railways Act 1896;
“the railway” means the railway authorised to be constructed, made and maintained pursuant to article 5 of this Order together with all lands and works relating thereto, and, where any part of the said railway and works remains uncompleted, includes the site of that part.
Incorporation and modification of enactments
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18454, so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order:—
Section 16 (works to be executed);
Section 61 (Company to make sufficient approaches and fences to such highways crossing on the level);
Section 68 (maintenance of gates, bridges, fences, drains, watering places);
Section 75 (penalty on persons omitting to fasten gates); and
Sections 77 to 85 (provisions with respect to mines lying under or near the railway).
(2) Notwithstanding the provisions of subsection (1) of section 12 of the principal Act, the following provisions shall apply to the railway:—
The Regulation of Railways Act 18685—
Section 22 (means of communication between passengers and railway servants);
The Regulation of Railways Act 18896—
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
(3) In its application to the railway, section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
(4) Sections 116 to 118 of the Transport Act 1968 shall apply to the railway as if for references therein to the Board there were substituted references to the operators.
Transfer of rights, etc. from Board
4. Except as may be otherwise provided in this Order, the railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) and the operators shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Power to make a railway
5.—(1) The operators may on the line and to the extent of the Board’s railway construct, make and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
(2) The railway shall be laid on the same levels as, and within the existing formation of, the Board’s railway.
Leasing and sale of railway to Company
6.—(1) The...
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