Caernarfon Railway Light Railway Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/2534 |
| Year | 1997 |
1997 No. 2534
TRANSPORT
The Caernarfon Railway Light Railway Order 1997
Made 8th October 1997
Coming into force 9th October 1997
The Secretary of State for Transport, on the application of Ffestiniog Railway Holdings Limited for an Order under the Light Railways Act 18961, being satisfied in accordance with section 7 of that Act that its requirements in relation to the publication and service of notices have been satisfied, and having considered objections as required by that section and the draft Order as required by section 9 of that Act, in exercise of the powers conferred by sections 7 and 10 to 12 of the Act and by section 121(4) of the Transport Act 19682and now vested in him3and 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 Caernarfon Railway Light Railway Order 1997 and shall come into force on 9th October 1997.
Interpretation
2. In this Order unless the context otherwise requires the following expressions have the meaning hereby respectively assigned to them (that is to say):—
“the Board” means the British Railways Board;
“the book of reference” means the book of reference prepared in connection with the application for this Order;
“the Company” means the Ffestiniog Railway Holdings Limited having its registered office at Harbour Station, Porthmadog, Gwynedd;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order with, and available for inspection at the offices of, the Secretary of State for Transport, 76 Marsham Street, London SW1P 4DR and the said registered office of the Company, and marked as those plans and sections respectively;
“the enabling Acts” means the Carnarvonshire Railway Act 18624and the Carnarvonshire Railway (Nantlle Railway Transfer) Act 18675;
“the former railway” means so much of the former railway of the Board in the County of Gwynedd described in and authorised by the enabling Acts and works relating thereto as lay between a point 754 metres north north east of the roundabout where the A487 road meets the B4419 and a point 91 metres south south west of the existing road bridge carrying the unclassified road from Dinas to Saron over the former railway of the Board and includes all lands formerly held by the Board relating to the said railway and lying between those points;
“the principal Act” means the Light Railways Act 1896; and
“the railway” means the railway authorised to be constructed and maintained by the Company pursuant to article 4 of this Order.
Incorporation of Railways Clauses Acts
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18456shall be incorporated in this Order—
section 6 (compensation);
section 7 (correction of errors);
sections 18 to 23 (water and gas pipes);
section 24 (obstructing construction of railway);
sections 30 to 44 (temporary use of land) subject to article 10(5) below;
section 46 (crossing of roads—level crossings) subject to paragraph (4) below;
section 47 (provision in cases where roads are crossed on a level);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
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;
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
(2) The following provisions of the Railways Clauses Act 18638shall be incorporated in this Order—
sections 5, 6 and 7 (level crossings); and
section 12 (signals, watchmen, etc.).
(3) In those provisions, as incorporated in this Order—
“the company” means the Company;
“goods” includes any thing conveyed on the railway;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works; and
“the special Act” means this Order.
(4) In section 46 of the Railways Clauses Consolidation Act 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
Power for the Company to construct and maintain railway
4.—(1) Subject to the provisions of this Order, the Company may construct and maintain the railway hereinafter described in the line and according to the levels and within the limits of deviation shown on the deposited plans and the deposited sections and with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities.
(2) The said railway is a passenger and freight carrying railway 4707 metres or thereabouts in length commencing at a point 18 metres or thereabouts south of the portal of the existing railway tunnel adjacent to Caernarfon Castle and extending in a southerly direction to the former Dinas Station of the Board and terminating at a point 45 metres or thereabouts north north west of the north western face of the existing bridge carrying the A487 Trunk Road over the formation of the railway authorised by the Welsh Highland Railway (Light Railway) Orders 1922 and 19239.
(3) Subject to the provisions of this Order, the railway or any part thereof shall be subject to all statutory and other provisions applicable to the former railway or any part thereof (insofar as the same are still substituting and capable of taking effect) and the Company 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 former railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall...
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