Duffield and Wirksworth Light Railway Order 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/2660 |
| Year | 1996 |
1996 No. 2660
TRANSPORT
The Duffield and Wirksworth Light Railway Order 1996
Made 15th October 1996
Coming into force 16th October 1996
The Secretary of State for Transport, on the application of WyvernRail 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 Order as required by section 9 of that Act, in exercise of the powers conferred by sections 7, 10, 11, 12 and 18 of that Act 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 Duffield and Wirksworth Light Railway Order 1996 and shall come into force on 16th October 1996.
Interpretation
2.—(1) In this Order, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them:—
“the Act” means the Light Railways Act 1896;
“the Company” means WyvernRail Limited, a Company incorporated under the Companies Act 19854and having its registered office at 324 Manchester Road, West Timperley, Altrincham, Cheshire;
“the Company’s Railway” means the Railway, or part thereof, authorised to be maintained and worked by the Company as a light railway pursuant to article 3 below;
“Decision Point” means the point on a user-worked crossing or footpath crossing where guidance on crossing safely is visible and a decision to cross or wait can be made in safety;
“Grid Reference” means an Ordnance Survey Grid Reference;
“the lease” means any lease granted under paragraph (1) of article 3 below, any extension of the same or any new lease granted under any statutory powers or provisions;
“the operative date” means the day on which the Railway or any part thereof is vested in the Company pursuant to the lease;
“Railtrack” means Railtrack PLC, a company incorporated under the Companies Act 1985 and having its registered office at 40 Bernard Street, London WC1N 1BY;
“the Railway” means the railway of Railtrack described in Schedule 1 below and includes all the lands and works relating thereto;
“Sighting Distance” means the distance measured along the Railway from a Decision Point to the point at which an approaching train becomes visible in any direction from which a train may approach;
“Warning Time” means the shortest possible time for trains to travel the Sighting Distance or, where whistle boards are provided, the shortest time between the sound being heard at the crossing and the train arriving at the crossing.
(2) In this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
Leasing of the Railway to the Company
3.—(1) Railtrack may lease to the Companythe Railway or any part thereof on such terms and conditions as may be agreed between Railtrack and the Company.
(2) Except as otherwise provided in this Order, as from the operative date and until the lease shall be determined whether by effluxion of time or otherwise the Company’s Railway or any part thereof shall be subject to all statutory and other provisions applicable to the Railway (insofar as the same are still subsisting and capable of taking effect) and the Company to the exclusion of Railtrack shall 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 Railway (insofar as the same are subsisting and capable of taking effect) to the intent that Railtrack shall be released from all such obligations.
(3) As from the operative date and until such determination of the lease the Company may maintain and work the Company’s Railway or any part thereof as a light railway under the Act.
Incorporation and application of enactments
4.—(1) Subject to the provisions of this Order the following provisions of the Railways Clauses Consolidation Act 18455are hereby incorporated with, and form part of, this Order:—
section 24 (obstructing construction of railway);
section 46 (crossing of roads-level crossings);
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 the 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 19236;
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 18637shall 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 Company’s 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 the Company’s Railway;
“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 worked by this Order.
(4) In section 46 of the said Act of 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”.
(5) In accordance with the provisions of subsection (1) of section 12 of the Act, and subject to paragraph (6) below, the following enactments shall apply to the Company’s Railway:—
The Regulation of Railways Act 18688—
Section 22 (Means of communication between passengers and the company’s servants to be provided);
The Regulation of Railways Act 18899—
Section 1 (power to order certain provisions to be made for public safety);
Section 5 (penalty for avoiding payment of fare).
(6) In its application to the Company’s 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.
(7) Without prejudice to the foregoing provisions of this article, sections 116 to 118 of the Transport Act 1968 shall apply to bridges over the Company’s Railway as if references in those sections to the British Railways Board were references to the Company.
Gauge of the Company’s Railway and motive power
5.—(1) The Company’s Railway shall be operated on a gauge of 1435 millimetres and the motive power shall be diesel or steam or internal combustion or such other motive power as the Secretary of State may approve in writing.
(2) Nothing in this Order shall authorise the Company to use electrical power as motive power on the Company’s railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engine and carriages.
(3) If electrical power is used as motive power on the Company’s Railway, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 198410) or with telecommunication by means of such apparatus.
Provision as to the crossings of public and private roads and paths on the level
6. As from the operative date the Company—
(a) may maintain the crossings on the level of the unclassified public roads described in Schedule 2 below and the footpaths described in Schedule 3 below (and any accommodation crossing or right of way existing upon or over the railway);
(b) shall maintain signs stating “STOP, LOOK AND LISTEN” on each side of the Railway facing persons approaching each of the crossings specified in Schedule 3 to this Order and the safety devices respectively specified for each of the said crossings in the sixth column of Schedule 3 to this Order shall be maintained on both sides of the said crossings. At all user worked and footpath crossings the Warning Time shall be greater than the time required by users to traverse the crossing surface between the Decision Points and where necessary whistle boards shall be erected to...
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