Grimsby and Louth Light Railway Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/2210 |
| Year | 1991 |
1991 No. 2210
TRANSPORT
The Grimsby and Louth Light Railway Order 1991
Made 27th September 1991
Coming into force 28th September 1991
The Secretary of State for Transport on the application of the Great Northern and East Lincolnshire Railway Company Limited and in exercise of powers conferred by sections 7 and 9 to 12 of the Light Railways Act 18961, and by section 121(4) of the TransportAct 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 Grimsby and Louth Light Railway Order 1991 and shall come into force on 28th September 1991.
Interpretation
2. In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:–
“the Board” means the British Railways Board;
“the Board’s railway” means the railway or former railway of the Board described in Schedule 1 to this Order or so much as is transferred pursuant to article 4 of this Order and includes all lands and works relating thereto;
“the Company” means the Great Northern and East Lincolnshire Railway Company Limited incorporated under the Companies Acts 1948 to 1980 and having their registered office at 55 Eastfield Road, Louth, Lincolnshire LN11 7AL;
“the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 5 of this Order along the route of the Board’s railway;
“the principal Act” means the Light Railways Act 1896.
Incorporation and application of enactments
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18454, so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part, of this Order:–
section 16 (works to be executed);
sections 18 to 23 (protection of gas and water mains);
section 46 (crossing of roads–level crossings);
section 47 (provision in cases where roads are crossed on a level);
section 49 (construction of bridges carrying railway over roads);
section 50 (construction of bridges carrying roads over railway);
section 51 (the width of the bridges need not exceed the width of the existing roads in certain cases), other than the proviso;
section 61 (Company to make sufficient approaches and fences to such highways crossing on the level);
section 68 (maintenance of gates, bridges, fences, drains, watering places);
section 75 (penalty on persons omitting to fasten gates); and
sections 77 to 85 (provisions with respect to mines lying under or near the railway):
Provided that–
(a) the said section 20, as so incorporated, shall have effect as though for the words “eighteen inches” there were substituted the words “three feet”;
(b) notwithstanding anything in the said section 46, as so incorporated, or in any other enactment the Company may carry the Company’s railway across and on the level of any highway, other than a public carriage road, without obtaining the consent of two or more justices.
(2) Notwithstanding the provisions of subsection (1) of section 12 of the principal Act, the following enactments shall apply to the Company’s railway:–
Regulation of Railways Act 18685–
Section 22 (means of communication between passengers and the Company’s servants to be provided);
Regulation of Railways Act 18896–
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
(3) 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.
(4) Without prejudice to the generality of the foregoing, sections 116, 117 and 118 of the Transport Act 1968 shall apply to the Company’s railway as if references therein to the Board were references to the Company.
Transfer of Board’s railway to Company
4. The Board and the Company may enter into and carry into effect agreements providing for the conveyance to and vesting in the Company of the Board’s railway or any part thereof on such terms and conditions as may be agreed between the Board and the Company.
Power to make Company’s railway
5.—(1) The Company may on the line of the Board’s railway construct, make and maintain a railway with all necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
(2) The Company’s railway will be laid on the same levels as, and within the existing formation of, the Board’s railway.
(3) Except as may be otherwise provided herein the Company’s railway or any part thereof shall as from the date of any conveyance under article 4 of this Order be subject to all statutory and other provisions applicable to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) and the Company 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 Board’s railway (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.
As to level crossings
6.—(1) Subject to the provisions of this Order, the Company may in the construction of the Company’s railway carry the same with a single line across and on the level of the roads described in column (1) of Schedule 2 to this Order at the locations specified in column (2) of that Schedule.
(2) The Company shall not at the said crossings obstruct or hinder traffic or persons passing along the said roads for longer than is reasonably necessary in taking any train, engine, carriage or truck across the said roads.
(3) Section 25 (Company to erect station or lodge at points where certain roads crossed on a level) of the East Lincolnshire Railway Act 18467shall not apply to the Company’s railway or to the level crossings mentioned in Schedule 2 to this Order.
Gauge of Company’s railway and motive power
7. The Company’s railway shall be constructed and operated on a gauge of 1435 millimetres (4 feet 8½ inches) and the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve:
Provided that–
(a) 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 engines and carriages;
(b) 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 any telecommunication apparatus as defined in the telecommunications code contained in Schedule 2 to the Telecommunications Act 19848or with...
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