Derwent Valley Railway (Transfer) Light Railway Order 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/75 |
| Year | 1987 |
1987 No. 75
TRANSPORT
The Derwent Valley Railway (Transfer) Light Railway Order 1987
Made 21th January 1987
Coming into Operation 22th January 1987
The Secretary of State for Transport on the application of the Yorkshire Museum of Farming and in exercise of powers conferred by sections, 7, 9 to 12 and 24 of the Light Railways Act 18961, as amended by the Light Railways Act 19122and Part V of the Railways Act 19213, and new vested in him4and all other powers enabling him in that behalf, hereby makes the following Order—
Citation and Commencement
1. This Order may be cited as the Derwent Valley Railway (Transfer) Light Railway Order 1987 and shall come into operation on 22nd January 1987.
Interpretation
2. In this Order:—
“the Company” means the Derwent Valley Railway Company whose principal office is at 18 St Saviourgate, York, North Yorkshire;
“the existing Orders” means the Derwent Valley Light Railway Orders 1902 to 1973;
“the Museum” means the Yorkshire Museum of Farming Limited, a company incorporated under the Companies Acts 1948 to 1976 whose registered office is at 92 Micklegate, York, North Yorkshire;
“the principal Act” means the Light Railways Act 1896 and 1912, as amended by the Railways Act 1921;
“the railway” means the railway described in Schedule 1 to this Order and includes all the lands and works relating thereto;
“the transfer date” means the day on which the railway or any part thereof is vested in the Museum by virtue of an agreement made under article 3 (Transfer of railway to museum) of this Order.
Transfer of railway to Museum
3.—(1) The Company and the Museum may enter into and carry into effect agreements providing for the transfer to and vesting in the Museum of the railway or any part thereof on such terms and conditions as may be agreed between the Company and the Museum.
(2) Subject to the provisions of this Order and in particular to article 4 below, as from the transfer date the Museum shall to the exclusion of the Company be entitled to the benefit of, and to exercise, all the rights, powers and privileges and be subject to all obligations of the Company, whether statutory or otherwise, for the time being in force in respect of the railway or such part thereof as is transferred as aforesaid, and may operate the railway or such parts thereof accordingly.
Application of existing Orders
4. Subject to the provisions of this Order, as from the transfer date—
(a) the provisions of the existing Orders mentioned in Schedule 2 to this Order shall apply to the railway with any necessary modification as if for references to the Councils (as therein defined) or to the Company there were substituted references to the Museum; and
(b) the remaining provisions of the existing Orders shall cease to apply to the railway.
Amendment of 1902 Order
5. In its application to the railway, article 6 (Gauge of railway and motive power) of the Derwent Valley Light Railway Order 19025shall have effect as if after the word “steam” there were inserted the words “diesel-electric, diesel, internal combustion or electric” and as if the proviso thereto added by article 14(1) of the Derwent Valley Light Railway (Transfer, &c.) Order 19076were omitted and the following provisos were substituted therefor:
Provided that nothing in this Order shall authorise the Museum to use electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided further that, if electrical power is used as...
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