Elsecar Steam Railway Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/937

1996 No. 937

TRANSPORT AND WORKS

TRANSPORT

The Elsecar Steam Railway Order 1996

Made 28th March 1996

Coming into force 4th April 1996

Whereas an application has been made to the Secretary of State for Transport (“the Secretary of State”), in accordance with the Transport and Works Act (Applications and Objections Procedure) Rules 19921(“the Applications Rules”) made under section 6 of the Transport and Works Act 19922(“the Act”), for an Order under section 1 of the Act;

And whereas the Secretary of State has taken into consideration the grounds of objections to that application;

And whereas the Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 28th March 1996;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1, 2, 15, 16 and 17 of Schedule 1 to, the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

S-1 Citation and commencement

Citation and commencement

1. —This Order shall come into force on 4th April 1996 and may be cited as the Elsecar Steam Railway Order 1996.

S-2 Interpretation

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“authorised works” means the railway and any other works authorised by this Order;

“the Council” means Barnsley Metropolitan Borough Council;

“the deposited plans” means the plans described in rule 7(1)(a) and 7(3) of the Applications Rules deposited in respect of the application for this Order with the Secretary of State for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR and at the offices of the Council at the Town Hall, Barnsley, South Yorkshire, S70 2TA, and marked as those plans by the Department of Transport and references to land shown on those plans are references to land so shown in pursuance of those Rules;

“the deposited sections” means the sections described in rule 7(2) of the Applications Rules deposited in respect of the application for this Order with the deposited plans, and marked as those sections by the Department of Transport;

“highway” and “highway authority” have the same meaning as in the Highways Act 19803;

“the limits of deviation” means the lines marked “Limits of deviation” shown on the deposited plans;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

“the railway” means the railway authorised to be constructed and maintained by the Council by article 5 (Power to construct and maintain works) below;

“the Regulations” means the Traffic Signs Regulations and General Directions 19944;

“street” includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 19915.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.

(3) In this Order, all distances, lengths, measurements, directions and durations stated in any description of works, equipment, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement, direction and duration and the distances between points on the railway shall be taken to be measured along the railway.

S-3 Incorporation of Railways Clauses Acts

Incorporation of Railways Clauses Acts

3.—(1) The following provisions of the Railways Clauses Consolidation Act 18456shall be incorporated in this Order:—

section 46 (crossing of roads—level crossings);

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 105 (carriage of dangerous goods on railway);

section 145 (recovery of penalties); and

section 154 (transient offenders).

(2) Section 5 of the Railways Clauses Act 18637shall be incorporated in this Order.

(3) In the above provisions, as incorporated in this Order—

“the company” means the Council;

“goods” includes any thing conveyed on the railway authorised to be constructed by this Order;

“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;

“the special Act” means this Order;

“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on the railway.

(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”.

S-4 Transfer of statutory obligations from Board to Council

Transfer of statutory obligations from Board to Council

4. On the coming into force of this Order all such statutory obligations as are borne by the British Railways Board (hereinafter referred to as “the Board”) immediately before that day with respect to the railway shall be transferred to and vest in the Council and thereafter the Council shall to the exclusion of the Board be subject to all such statutory obligations then in force to the intent that the Board shall be released from them.

S-5 Power to construct and maintain works

Power to construct and maintain works

5.—(1) Subject to the provisions of this Order, the Council may construct and maintain the railway 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 railway is a passenger and goods carrying railway in the Metropolitan Borough of Barnsley 2.8 kilometres in length commencing at a point 172 metres south of the Rockingham Station level crossing at Distillery Side and terminating at a point 605 metres east of the Smithy Bridge Lane level crossing forming part of the railway authorised by the South Yorkshire, Doncaster and Goole Railway Act, 18478.

(3) Subject to paragraph (5) below, the Council may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway, namely—

(a)

(a) works to alter the position of apparatus, including mains, sewers, drains and cables,

(b)

(b) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the railway, and

(c)

(c) works for the benefit or protection of premises affected by the railway.

(4) Subject to paragraph (5) below, the Council may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway.

(5) Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of or otherwise interfere with, navigable rivers or watercourses.

S-6 Power to deviate

Power to deviate

6. In constructing or maintaining the railway or any part thereof, the Council may—

(a) deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation shown on those plans, and

(b) deviate vertically from the levels shown on the deposited sections—

(i) to any extent not exceeding 5 metres upwards, or

(ii) to any extent downwards that may be found necessary or convenient.

S-7 Power to execute street works

Power to execute street works

7.—(1) The Council may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 1 to this Order as is within the limits of deviation for the railway shown on the deposited plans and may—

(a)

(a) place apparatus in the street,

(b)

(b) maintain apparatus in the street or change its position, and

(c)

(c) execute any works required for or incidental to any works referred to in sub-paragraphs (a) and (b) above (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).

(2) In this article “apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 1991.

S-8 Temporary stopping up of streets

Temporary stopping up of streets

8.—(1) The Council, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time—

(a)

(a) divert the traffic from the street, and

(b)

(b) subject to paragraph (2) below, prevent all persons from passing along the street.

(2) The Council shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.

(3) The Council shall not exercise the powers of this article—

(a)

(a) in relation to any street specified in columns (1) and (2) of Schedule 1 to this Order without first consulting the street authority, and

(b)

(b) in relation to any other street without the consent of the street authority, but such consent shall not be...

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