Great Central (Nottingham) Railway Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2143 |
| Year | 1995 |
1995 No. 2143
TRANSPORT AND WORKSTRANSPORT
The Great Central (Nottingham) Railway Order 1995
Made 22th June 1995
Coming into force 29th June 1995
The Secretary of State for Transport, on application made to him in accordance with rules1made under section 6 of the Transport and Works Act 19922(hereinafter referred to as “the Act”) by Great Central Railway (Nottingham) Limited and Great Central Railway (1976) plc for an Order under section 1 of the Act, being satisfied in accordance with section 13(1) of the Act that its requirements in relation to any objections have been satisfied, and having determined to give effect to the proposals comprised in such application with modifications, in exercise of the powers conferred on him by sections 1 and 5 of 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 Great Central (Nottingham) Railway Order 1995 and shall come into force on 29th June 1995.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“the 1976 Company” means Great Central Railway (1976) plc having its registered office at Loughborough Central Station, Loughborough, Leicestershire;
“the Act of 1845” means the Railways Clauses Consolidation Act 18453;
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 19924;
“authorised works” means the railways and any other works authorised by this Order;
“the Board” means the British Railways Board;
“highway authority” has the same meaning as in the Highways Act 19805;
“the lease” means any lease or underlease of the railways granted by the Nottingham Company to the 1976 Company pursuant to article 9 of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the Nottingham Company” means Great Central Railway (Nottingham) Limited having its registered office at Nottingham Heritage Centre, Mere Way, Ruddington, Nottingham;
“Railway No.1” and “Railway No.2” mean respectively the railways so numbered and described in Schedule 1 to this Order and (in the case of Railway No.1) authorised to be maintained pursuant to article 4 of this Order and (in the case of Railway No.2) authorised to be constructed and maintained pursuant to article 5 of this Order together with all lands and works relating thereto and, where in the case of Railway No.2 any part of the said railway and works remains uncompleted, the expression includes the site of that part;
“the railways” means Railway No.1 or Railway No.2, or both of them, as the case may require;
“the relevant date” means the date of the coming into force of this Order or, if later, the date upon which Railway No.1 is transferred to and vested in the Nottingham Company by agreement;
“the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order, and marked as “the sections” for the purposes of this Order;
“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 marked as “the works plan” for the purposes of this Order.
(a)
(a) (2) Subject to sub-paragraph (b) of this paragraph, in this Order “the undertaker” means the Nottingham Company.
(b)
(b) During the currency of the term created by the lease, the expression “the undertaker”, in relation to the railways or such part thereof as is leased to the 1976 Company, shall mean the 1976 Company.
(3) 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.
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 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 19236;
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) Section 5 (trains not to be shunted etc. over level crossings) of the Railways Clauses Act 18637shall be incorporated in this Order.
(3) In those provisions, as incorporated in this Order—
“the company” means the undertaker;
“goods” includes any thing conveyed on the railways;
“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 Railway No.2;
“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.
(4) In its application to the railways, section 22 of the Regulation of Railways Act18688shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Power to maintain Railway No. 1
4.—(1) The undertaker may maintain Railway No.1.
(2) Except as may be otherwise provided in this Order, as from the relevant date Railway No.1 or any part thereof shall continue to be subject to all statutory and other provisions applicable thereto at that date (insofar as the same are still subsisting and capable of taking effect) and the undertaker shall to the exclusion of the Board 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 No.1 (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Power to construct and maintain Railway No.2
5.—(1) The undertaker may construct and maintain Railway No.2.
(2) Subject to article 7 below, Railway No.2 shall be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.
(3) Railway No.2 shall be constructed and operated on a gauge of 1.435 metres (4 feet 8½ inches).
Further powers as to works
6.—(1) Subject to paragraph (3) below, the undertaker 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 Railway No.2, 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 Railway No.2, and
(d)
(d) works for the benefit or protection of premises affected by Railway No.2.
(2) Subject to paragraph (3) below, the undertaker 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 maintenance of Railway No.l or the construction and maintenance of Railway No.2.
(3) Paragraphs (1) and (2) above shall not authorise the carrying out or maintenance of works outside the limits of deviation or works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
7. In constructing or maintaining Railway No.2, the undertaker may—
(a) deviate laterally from the lines or situations shown on the works plan within the limits of deviation for that work shown on that plan;
(b) deviate vertically from the levels shown on the sections to any extent not exceeding 2 metres upwards or downwards.
Asher Lane level crossing
8.—(1) The undertaker may in the construction of Railway No.2 make a level crossing (“the level crossing”) with a double line of rails across the road known as Asher Lane in the parish of Ruddington.
(2) The undertaker shall in relation to the level crossing—
(a)
(a) provide, maintain and operate the traffic signs and other devices and appliances specified in Part I of Schedule 2 to this Order; and
(b)
(b) observe the conditions and requirements specified in Part II of Schedule 2 to this Order.
(a)
(a) (3) The undertaker may provide, maintain and operate at or near the level crossing such other protective equipment as the Secretary of State may in writing approve.
(b)
(b) In this paragraph “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic...
To continue reading
Request your trial