British Railways Act 1968
| Jurisdiction | UK Non-devolved |
| Citation | 1968 c. xxxiv |
British Railways
Act
1968
CH.
xxxiv
ELIZABETH H
1968 CHAPTER xxxiv
An Act to empower the British Railways Board to
construct works and to acquire lands; to extend the time
for the compulsory purchase of certain lands and the
completion of certain works; to confer further powers
on the Board; and for other purposes.
[26th July 1968]
W
HEREAS by the Transport Act 1962 the British Railways
1962
c.
Board (hereinafter referred to as "the Board") were
established:
And whereas it is the duty of the Board under the Transport
Act 1962 (inter alia) to provide railway services in Great Britain
and, in connection with the provision of railway services, to
provide such other services and facilities as appear to the Board
to be expedient, and to have due regard, as respects all those
railway and other services and facilities, to efficiency, economy and
safety of operation:
And whereas it is expedient that the Board should be
empowered to construct the works authorised by this Act and
to acquire the lands referred to in this Act:
And whereas it is expedient that the period now limited for the
compulsory acquisition of certain lands and the completion of
certain works should be extended as provided by this Act:
2
CH.
xxxiv
British Railways
Act
1968
And whereas it is expedient that the other powers in this Act
contained should be conferred upon the Board and that the other
provisions in this Act contained should be enacted:
And whereas plans and sections showing the lines or situations
and levels of the works to be constructed under the powers of
this
Act, and plans of the lands authorised to be acquired or used by
this
Act, and
a
book of reference to such plans containing
the names
of the owners and lessees or reputed owners and lessees and of
the
occupiers of
the
said lands were duly deposited in the office of the
Clerk of
the
Parliaments and in the Private
Bill
Office of
the
House
of Commons and with the clerk of the Greater London
Council,
the
clerk of the county council of the county and the town clerk of the
county borough within which the said works
will be
constructed or
the said lands are situated, which plans, sections and book of
reference are respectively referred to in this Act as the deposited
plans,
the deposited sections and
the
deposited book of reference:
And whereas the purposes of
this
Act cannot be effected without
the authority of Parhament:
May it therefore please Your Majesty that it may be enacted,
and be it enacted, by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parhament assembled, and by the
authority of the same, as follows:—
PART I
PRELIMINARY
Short
title.
l. This Act may be cited as the British Railways Act 1968.
Interpreta- 2.—(1) In this Act, unless there be something in the subject or
tion. context repugnant to such construction, the several words and
expressions to which meanings are assigned by the Acts wholly
or partly incorporated herewith have in relation to the relative
subject-matter the same respective meanings and—
" the Act of
1845
"
means the
Railways
Clauses
Consolidation
1845
c.
20.
Act 1845;
1863
c.
92.
' " the Act of
1863
" means the Railways Clauses Act 1863;
1963
c.
xviii.
" the Act of 1963 " means the British Railways Act 1963;
1965
c.
xxi.
" the Act of 1965 " means the British Railways Act 1965;
1967
c.
xxx.
" the Act of 1967 " means the British Railways Act 1967;
" the Board " means the British Railways Board;
" the council" means the Greater London Council;
" enactment" means any enactment, whether public, general
or local and includes any order, byelaw, rule, regulation,
scheme or other instrument having effect by virtue of
an
enactment;
" the limits of deviation" means the limits of deviation
shown on the deposited plans;
British Railways
Act
1968
CH.
xxxiv 3
" the Minister " means the Minister of Transport;
" the tribunal" means the Lands Tribunal;
" the works " means the works authorised by Part II (Works)
of this Act.
(2) Any reference in this Act to any enactment shall be
construed as a reference to that enactment, as applied, extended,
amended or varied by, or by virtue of, any subsequent enactment,
including this Act.
(3) All distances and lengths stated in any description of works,-
powers or lands shall be construed as if the words " or there-
abouts " were inserted after each such distance and length and
distances between points on a railway shall be taken to be
measured along the railway.
(4) Unless the context otherwise requires, any reference in
this Act to a work identified by the number of such work shall
be construed as a reference to the work of that number authorised
by this Act.
3.
The following Acts and Parts of
Acts,
so far as the same are Incorporation
applicable for the purposes and are not inconsistent with or of
general
varied by the provisions of this Act, are incorporated with and Acts-
form part of this Act, and this Act shall be deemed to be the
special Act for the purposes of the said incorporated
enactments:—
The Act of 1845, except sections 7, 8, 9, 19, 20, 22 and 23
thereof,
and Part I (relating to the construction of a
railway) and Part II (relating to extension of time)
of the Act of 1863:
Provided that—
(i) for the purposes of the provisions of the Act of 1845
and the Act of 1863, as incorporated with this Act—
(a) the expression " the company " where used in
the said incorporated provisions means the Board;
(b) Works
Nos.
6, 7,
8
and
9
and the lines of railway
authorised by section 6 (Further works and powers)
of this Act shall be deemed to be railways authorised
by the special Act:
(ii) the provisions of sections 18 and 21 of the Act of 1845,
as incorporated with this Act, shall not extend to regulate
the relations between the Board and any other person in
respect of any matter or thing concerning which those
relations are regulated in any respect—
(a) by the provisions of Part II of the Public Utilities
Street Works Act 1950;
1950
c.
39
(b) by the provisions of section 33 (For protection
of gas, water and electricity undertakers) of the Act
of 1963, as incorporated with this Act; or
PART I
—cont.
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