Keith and Dufftown Light Railway Order 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/2382 |
| Year | 1999 |
1999 No. 2382
TRANSPORT
The Keith and Dufftown Light Railway Order 1999
Made 20th July 1999
Coming into force 21th July 1999
The Secretary of State for the Environment, Transport and the Regions, on the application of the Keith and Dufftown Railway Association and of the Keith and Dufftown Railway Company Limited for an Order under the Light Railways Act 18961being satisfied in accordance with section 7 of that Act that its requirements in relation to the publication and service of notices have been satisfied, and having considered objections as required by that section and the draft Order as required by section 9 of that Act, and in exercise of the powers conferred by sections 7, 10 to 12 and 18 of that Act and section 121(4) of the Transport Act 19682and 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 Keith and Dufftown Light Railway Order 1999 and shall come into force on 21st July 1999.
Interpretation
2. In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:–
“the Act” means the Light Railways Act 1896;
“the Association” means the Keith & Dufftown Railway Association (Company Registration Number 157099), incorporated under the Companies Act 19854and having its registered office at Dufftown Station, Dufftown, Banffshire;
“the Board” means the British Railways Board;
“the Company” means the Keith & Dufftown Railway Company Limited (Company Registration Number 150013), incorporated under the Companies Act 1985 and having its registered office at Dufftown Station, Dufftown, Banffshire;
“the deposited plan” means the plan deposited in respect of the application for this Order with the Secretary of State for the Environment, Transport and the Regions and at the registered office of the Company, and marked as the plan;
“the enabling Acts” means the Keith and Dufftown Railway (Deviation) Act 18605and so far as applicable the Keith and Dufftown Railway Act 18576and the Strathspey Railway Act 18617;
“the railway” means that part of the railways of the Board described in and authorised by the enabling Acts which is described in Schedule 1 hereto including all lands and works relating thereto;
“the transfer date” means the day on which the railway or any part thereof is vested in the Association by virtue of an agreement made under article 3(1) of this Order.
Transfer of the railway to the Association
3.—(1) The Board and the Association may enter into and carry into effect agreements providing for the transfer to and the vesting in the Association of the railway or any part thereof on such terms and conditions as may be agreed between the Board and the Association.
(2) Except as may be otherwise provided in this Order, as from the transfer date the Association 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 of the Board whether statutory or otherwise relating to the railway or such part as is transferred as aforesaid (in so far as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
(3) As from the transfer date the Association may work the railway or such part thereof as a light railway under the Act.
Application of enactments
4.—(1) Subject to the provisions of this Order, such of the enactments set out in the Second Schedule to the Act as are still in force except section 5 (Penalty for avoiding payment of fare) of the Regulation of Railways Act 18898shall cease to apply to the railway.
(2) Sections 116, 117 and 118 of the Transport Act 1968 shall apply to the railway as if references therein to the Board were references to the Association.
Leasing or sale of the railway to the Company
5.—(1) On or after the transfer date, the Association may transfer to and vest in the Company, whether by lease or sale, the railway or any interest therein or part thereof to the extent that the same shall have been transferred to and vested in the Association in accordance with Article 3 of this Order, together with any...
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