East Lancashire (Heywood Extension) Light Railway Order 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/1384 |
| Year | 2002 |
2002 No. 1384
TRANSPORT, ENGLAND
The East Lancashire (Heywood Extension) Light Railway Order 2002
Made 15th May 2002
Coming into force 16th May 2002
The Secretary of State for Transport, Local Government and the Regions, on the application of the Bury Metropolitan Borough Council and the Rochdale Metropolitan Borough Council 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 that Act and by section 121(4) of the Transport Act 19682and now vested in him3, and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation and commencement
1.—(1) This Order may be cited as the East Lancashire (Heywood Extension) Light Railway Order 2002 and shall come into force on 16th May 2002.
(2) This Order and the East Lancashire Light Railway Order 19864(“the 1986 Order”) may be cited together as the East Lancashire Light Railway Orders 1986 and 2002.
Interpretation
2.—(1) In this Order—
“the authorised works” means the works specified in the Schedule to this Order and any other works authorised to be carried out under the Order;
“the Board” means BRB (Residuary) Limited;
“the Company” means the East Lancashire Light Railway Company Limited incorporated under the Companies Act 19855and having its registered office at Bolton Street Station, Bury, Lancashire BL9 0EY;
“the Councils” means the Bury Metropolitan Borough Council and the Rochdale Metropolitan Borough Council or either of them;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order and available for inspection at the offices of the Secretary of State for Transport, Local Government and the Regions, 76 Marsham Street, London SW1P 4DR, the offices of the Bury Metropolitan Borough Council, Town Hall, Bury, Lancashire BL9 0SW and the Rochdale Metropolitan Borough Council, Town Hall, Rochdale OL16 1AB;
“the light railway” means the light railway authorised to be constructed and maintained by the Councils pursuant to article 4 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains incomplete, includes the site of that part;
“the principal Act” means the Light Railways Act 1896;
“Railtrack” means Railtrack Plc a company incorporated under the Companies Act 1985 and having its registered office at Railtrack House, Euston Square, London NW1 2EE; and
“the Trust” means the East Lancashire Railway Trust Limited incorporated under the Companies Act 1985 and having its registered office at the Town Hall, Rawtenstall, Lancashire.
(2) All directions and distances stated in the descriptions of the authorised works shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on a railway comprised in the authorised works shall be taken to be measured along the railway.
Incorporation and application of enactments
3.—(1) The provisions of the Railways Clauses Consolidation Act 18456(except sections 8, 11 to 13, 15,17, 32 to 44, 47 to 57, 59 to 66, 68, 71 to 73, 75, 77 to 85E, 88 to 95, 112 to 124, 162 and Schedules 1 to 3 (minerals under railways)) are incorporated with and form part of this Order so far as the same are applicable for the purposes of and are not inconsistent with or varied by the provisions of this Order.
(2) In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated in this Order—
(a)
(a) this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions;
(b)
(b) sections 7, 9 and 10 shall be read, construed and have effect as if the “proper officers of the Metropolitan Borough Councils of Bury and Rochdale” had been referred to therein instead of the “Clerks of the Peace”;
(c)
(c) section 46 shall be read, construed and have effect as if for the proviso there were 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”; and
(d)
(d) section 58 shall have effect as if the words “and if any question” to the end were omitted.
(3) Section 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 18897shall apply to the light railway.
(4) Without prejudice to the generality of the foregoing, sections 116 to 119 of the Transport Act 1968 shall apply to the light railway as if references therein to the Board were references to the person for the time being authorised to work the light railway under this Order.
Power to construct and maintain railway
4.—(1) In accordance with the provisions of this Order, the Councils may construct (so far as may be necessary) and maintain the works described in the Schedule to this Order in the lines and according to the levels and within the limits of deviation shown on the deposited plans and the deposited sections, together 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) In the construction of the said works the Councils may deviate from the line or situation of the whole or any part thereof shown on the deposited plans to the extent of the limits of deviation shown thereon and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 2 metres upwards or downwards or to such further extent as may be found necessary or convenient and as may be sanctioned by the Secretary of State.
(3) Subject to the provisions of this Order, the said works may be worked as a light railway under the principal Act and the Councils may within the limits of deviation shown on the deposited plans maintain, reconstruct, repair, alter and renew the light railway with all necessary works and conveniences connected therewith.
Leasing of light railway to Trust
5.—(1) Subject to the provisions of this Order, the Councils may agree with the Trust to lease to the Trust the light railway or any part thereof on such terms and conditions as may be agreed between the Councils and the Trust.
(2) During the continuance and subject to the terms of any lease granted under paragraph (1), the Trust shall to the exclusion of the Councils be entitled to the benefit of, and to exercise, all the rights, interests, powers and privileges and be subject to all the obligations of the Councils whether statutory or otherwise for the time being in force in respect of the light railway or such part thereof as is leased as aforesaid.
Sub-letting of light railway to Company
6.—(1) During the continuance and subject to the terms of any lease granted under article 5 the...
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