Golden Valley Railway Order 1997
| Jurisdiction | UK Non-devolved |
1997 No. 1688
TRANSPORT AND WORKS
TRANSPORT
The Golden Valley Railway Order 1997
Made 8th July 1997
Coming into force 29th July 1997
Whereas an application has been made to the Secretary of State for Transport (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under section 6 of the Transport and Works Act 19922(“the Act”), for an Order under section 1 of the Act;
And whereas the objection to that application has been withdrawn;
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 7th July 1997;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1, 2, 6, 7 and 16 of Schedule 1 to, the Act 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 Golden Valley Railway Order 1997 and shall come into force on 29th July 1997.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“the Act of 1845” means the Railways Clauses Consolidation Act 18453;
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised works” means the scheduled works and any other works authorised by this Order;
“existing” means existing at the coming into force of this Order;
“the existing railway” means the railway described in Schedule 1 to this Order;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the works plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the railways” means the existing railway, Work No. 1 and Work No. 2 as described in Schedule 2 or any of them, as the case may require, together with all lands and works relating thereto and, where in the case of Work No. 1 or Work No. 2 any part of those works remains uncompleted, the expression includes the site of that part;
“the scheduled works” means the works specified in Schedule 2 to this Order;
“the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the sections” for the purposes of this Order;
“the undertaker” means the Midland Railway Trust Limited having its registered office at Butterley Station, Ripley, Derbyshire;
“the works plan” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the works plan” for the purposes of this Order.
(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.
(3) Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
Incorporation and application of enactments
3.—(1) The following provisions of the Act of 1845 shall be incorporated in this Order:—
section 24 (obstructing construction of railway);
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 such 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);
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 19234;
section 87 (company empowered to contract with other companies);
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
sections 115 to 119 (engines and carriages not to be used on the railway unless approved; unfit engines to be removed);
section 145 (recovery of penalties); and
section 154 (transient offenders).
(2) In those provisions, as incorporated in this Order:—
“the company” means the undertaker;
“goods” includes any thing conveyed on the railways;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means the railways;
“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 railways.
(3) In its application to the railways, section 24 of the said Act of 1845 shall have effect as if the maximum fine which may be imposed on summary conviction for an offence under that section were, instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.
(4) In its application to the railways, section 22 of the Regulation of Railways Act 18685shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Power to maintain existing railway
4. The undertaker may maintain the existing railway.
Power to construct and maintain new works
5.—(1) The undertaker may construct and maintain the scheduled works.
(2) Subject to article 8 below, the scheduled works shall be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.
(3) Following the completion of Work No. 3 the undertaker may fill in so much of the unnamed stream in the county of Derbyshire, borough of Amber Valley, parish of Ripley as is situated between the points marked “A” and “B” on the works plan.
Gauge of railways
6. The existing railway shall be maintained and Works Nos. 1 and 2 shall be constructed and maintained on a gauge of 610 millimetres (2 feet).
Further powers as to works
7.—(1) Subject to paragraph (3) below, the undertaker may on any land in which it has a sufficient interest 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 authorised works namely—
(a)
(a) works to alter the position of apparatus, including mains, sewers, drains and cables,
(b)
(b) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
(c)
(c) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the...
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