Isle of Wight Light Railway Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1619 |
1991 No. 1619
TRANSPORT
The Isle of Wight Light Railway Order 1991
Made 25th June 1991
Coming into force 26th June 1991
The Secretary of State for Transport, on the application of the Isle of Wight Railway Company Limited, and in exercise of powers conferred by sections 7 and 9 to 12 of the Light Railways Act 18961, and now vested in him2, 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 Isle of Wight Light Railway Order 1991 and shall come into force on 26th June 1991.
(2) The Isle of Wight (Havenstreet and Wootton) Light Railway Order 19783and this Order may be cited together as the Isle of Wight Light Railway Orders 1978 and 1991.
Interpretation
2.—(1) 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 Company” means the Isle of Wight Railway Company Limited incorporated under the Companies Acts 1948 and 1967 having its registered office at the Railway Station, Havenstreet, Ryde, Isle of Wight PO33 4DS;
“the former railway” means the railway or former railway of the Board described in Schedule 1 to this Order together with all lands and works relating thereto;
“the plans” and “sections” means respectively the plans and sections deposited with the Department of Transport in connection with the application for this Order;
“the principal Act” means the Light Railways Act 1896;
“the railway” means the railway authorised to be constructed, made and maintained pursuant to article 5 (Power to make railway) of this Order together with all lands and works relating thereto, and, where any part of the said railway and works remains uncompleted, the expression includes the site of that part.
(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 or direction.
Incorporation and modification of enactments
3.—(1) The provisions of the Railways Clauses Consolidation Act 18454, except sections 8, 9, 11 to 15, 32 to 44, 46 to 57, 59 to 62, 94, 95, 97 and 115 to 124, 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 which shall be deemed to be the special Act for the purposes of those incorporated provisions.
(2) Notwithstanding the provisions of subsection (1) of section 12 of the Light Railways Act 1896, the following provisions shall apply to the 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 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.
Transfer of rights, etc., from Board
4.—(1) Except as may be otherwise provided in this Order, 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 (insofar as the same are still subsisting and capable of taking effect) relating to the former railway to the intent that the Board shall be released from all such obligations.
(2) Paragraph (1) above shall have effect in relation to any part of the former railway which at the date of this Order is not vested in the Company as from the date upon which the freehold interest in such part is transferred by agreement to and vested in the Company.
Power to make railway
5.—(1) Subject to the provisions of this Order, the Company may, when they have acquired the former railway (if not already owned by them) or obtained sufficient interest therein, on the line and to the extent of the former railway and in the lines or situations, and within the limits of deviation shown on the plans and according to the levels shown on the sections, make and maintain a railway with all necessary works and conveniences connected therewith.
(2) Subject to the provisions of this Order, the Company may work and maintain the railway as a light railway under the principal Act.
Power to deviate
6. In the construction of the railway or any part thereof the Company may deviate laterally from the line or situations thereof shown on the plans to the extent of the said limits of deviation and may deviate vertically from the levels shown on the sections to any extent not exceeding two metres upwards or downwards.
Level crossings
7.—(1) The Company may in the construction of the railway carry the same across and on the level of the footpaths and bridleways mentioned in column 1 of Schedule 2 to this Order and situated in the local authority areas, and at the locations, mentioned respectively in columns 2 and 3 of that Schedule.
(2) The railway may be carried over the footpaths mentioned in the second entry in Schedule 2 to this Order with a double line of rails and over the footpath and bridleways mentioned in the other entries in that Schedule with a single line of rails.
(3) Notwithstanding anything in the Ryde and Newport Railway Act 18727or in any enactment incorporated therewith and except as hereinafter provided:–
(a)
(a) the Company shall not be required to erect or maintain a station or lodge at any of the said level crossings or be subject to any regulations with regard to the speed...
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