Bitton Railway Order 2002
| Jurisdiction | UK Non-devolved |
2002 No. 366
TRANSPORT AND WORKS, ENGLANDTransport, England
The Bitton Railway Order 2002
Made 22th January 2002
Coming into force 12th February 2002
Whereas an application has been made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under sections 6, 7 and 10 of the Transport and Works Act 19922(“the 1992 Act”), for an Order under sections 1 and 5 of the 1992 Act;
And whereas the Secretary of State, having considered the objections made and not withdrawn,has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 18th January 2002;
Now, therefore,the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1, 7, 16 and 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
PART I
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Bitton Railway Order 2002 and shall come into force on 12th February 2002.
(2) The 1991 Order and this Order may be cited together as the Bitton Railway Orders 1991 and 2002.
Interpretation
2.—(1) In this Order—
“the 1845 Act” means the Railway Clauses Consolidation Act3;
“the 1991 Order” means the Bitton Light Railway Order 19914;
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 19925;
“authorised works” means the scheduled work and any other works authorised by this Order;
“the Avon bridge” means the existing bridge built to carry the former railway over the river Avon;
“the deposited plan” means the plan described in rule 7(1)(a) of the Applications Rules and certified by the Secretary of State as the deposited plan for the purposes of this Order;
“the deposited section” means the section described in rule 7(2) of the Applications Rules and certified by the Secretary of State as the deposited section for the purposes of this Order;
“existing” means existing at the date of the making of this Order;
“the former railway” means so much of the railway firstly described in and authorised by section 6 of the Midland Railway (Bath and Thornbury Lines) Act 18646, together with all lands and works relating thereto, as is situated within the limits of deviation;
“the limits of deviation” means the limits of deviation for the scheduled work shown on the deposited plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the railway” means the railway comprised in the scheduled work and where the context so requires includes the site of that railway;
“the scheduled work” means the work specified in Schedule 1 to this Order;
“the undertaker” means the Avon Valley Railway Heritage Trust whose registered office is situated at Bitton Railway Station, Willsbridge, Bristol.
(2) All directions, distances, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point and distances between points on a railway shall be taken to be measured along the centre line of the railway.
(3) References in this Order to points identified by letters shall be construed as references to points so marked on the deposited plan.
Incorporation of the Railways Clauses Consolidation Act 1845
3.—(1) The following provisions of the 1845 Act shall be incorporated in this Order—
section 18 (alteration of water and gas pipes etc.);
section 24 (obstructing construction of railway);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 19237;
section 87 (company empowered to contract with other companies);
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
sections 115 to 119 (carriages and engines);
section 145 (recovery of penalties); and
section 154 (transient offenders).
(2) In those provisions, as incorporated in this Order—
“the company” means the undertaker;
“goods” includes any thing conveyed on the railway;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means the railway as defined in this Order;
“the special Act” means this Order; and
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.
PART II
WORKS PROVISIONS
Power to construct works
4.—(1) The undertaker may construct and maintain the scheduled work.
(2) Subject to article 5 below, the scheduled work shall be constructed in the line or situations shown on the deposited plan and in accordance with the levels shown on the deposited section.
(3) The undertaker may, within the limits of deviation, carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled work, namely—
(a)
(a) works to alter the position of apparatus, including mains, sewers, drains and cables;
(b)
(b) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses; and
(c)
(c) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works.
(4) The undertaker may, within the limits of deviation carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or in connection with or in consequence of, the construction of the scheduled work.
Power to deviate
5. In constructing or maintaining the scheduled work, the undertaker may—
(a) deviate laterally from the line or situation shown on the deposited plan within the limits of deviation for that work shown on that plan, and
(b) deviate vertically from the levels shown on the deposited section to any extent not exceeding 2 metres upwards or downwards as may be necessary or convenient.
Diversion of railway path
6. The undertaker may with the consent of Bath and North East Somerset Council stop up the way known as the Bath to Bristol Railway Path between the points marked A, B, C and D on the deposited plan and substitute therefor a new way between the points marked A, E, F and D on the deposited plan.
PART III
MISCELLANEOUS AND GENERAL
Power to operate and use railway
7. The undertaker may operate and use the railway as a system, or part of a system, of transport for the carriage of passengers and goods.
Transfer of rights and obligations
8.—(1) In this article “the relevant date” means the date of the coming into force of this Order or, in relation to any part of the railway which at that date is not owned by or leased to the undertaker, the date upon which the undertaker acquires that part by agreement, or takes a lease of that part.
(2) Except as may be otherwise provided in this Order, as from the relevant date the railway or any part thereof shall continue to be subject to all statutory and other provisions applicable to the former railway at that date (in so far as the same are still subsisting and capable of taking effect) and the undertaker shall to the exclusion of BRB (Residuary) Limited, 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 former railway (in so far as the same are still subsisting and capable of taking effect) to the intent that BRB (Residuary) Limited shall be released from all such obligations.
Maintenance of approved works etc.
9.—(1) Where pursuant to the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 19948approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles)...
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