Kinneil and Manuel Light Railway Order 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/725 |
| Year | 1988 |
1988No. 725
TRANSPORT
The Kinneil and Manuel Light Railway Order 1988
5thApril1988
1988April
The Secretary of State for Transport on the application of The Bo'ness and Kinneil Railway Company Limited and The Scottish Railway Preservation Society and in exercise of the powers conferred by sections 7, 9, 10, 11 and 18 of the Light Railways Act 1896 ( a) and section 121 (2) and (4) of the Transport Act 1968 ( b) and now vested in him 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 Kinneil and Manuel Light Railway Order 1988 and shall come into force on 6th April 1988.
Interpretation
2. In this Order unless the context otherwise requires the following expressions shall have the meanings hereby respectively assigned to them:
"the Board" means the British Railways Board;
"the Board's railways" means those parts of the railways or former railways of the Board described as Railway No. 1, Railway No. 2 and Railway No. 3 respectively in the Schedule hereto including all lands and works relating thereto;
"the Company" means The Bo'ness and Kinneil Railway Company Limited incorporated under the Companies Act 1948 ( c) and having its Registered Office at 57 Queen Street, Edinburgh.
"the Company's railways" means the railways authorised to be constructed and maintained by the Company in accordance with article 4 of this Order and any parts of the Board's railways vested in the Company by virtue of an agreement made in accordance with article 3(1) of this Order;
"the enabling Acts" means the Slamannan and Borrowstounness Railway Act
1846 ( d) as amended by the Monkland Railways (Slamannan and Borrowstounness Deviation) Act 1851 ( e) ;
"the Principal Act" means the Light Railways Acts 1896 and 1912 as amended by the Railways Act 1921;
"Railway No. 1" means the Railway No. 1 described in the Schedule hereto;
"Railway No. 2" means the Railway No. 2 described in the Schedule hereto;
"Railway No. 3" means the Railway No. 3 described in the Schedule hereto;
"Railway No. 4" means the Railway No. 4 described in the Schedule hereto;
"the Society" means The Scottish Railway Preservation Society incorporated under the Companies Act 1948 and having its Registered Office at 57 Queen Street, Edinburgh;
"transfer date" means the day on which the Board's railways or any part thereof is vested in the Company by virtue of an agreement under article 3(1) of this Order.
References in this Order to reference points shall be construed as references to National Grid reference points.
(a) 1896 c.48, as amended by the Light Railways Act 1912 (c.19) and the Railways Act 1921 (c.55).
(b) 1968 c.73.
(c) 1948 c.38.
(d) 1846 c.cvii.
(e) 1851 c.clxii.
Transfer of the Board's railways to the Company
3.-(1) The Board and the Company may enter into and carry into effect agreements providing for the transfer to and the vesting in the Company of the Board's railways or any part thereof on such terms and conditions as may be agreed between the Board and the Company.
(2) As from the transfer date the Company shall to the exclusion of the Board be entitled to the benefit of and to exercise all the rights, powers and privileges and be subject to all obligations of the Board whether statutory or otherwise relating to the Board's railways 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 Company may work Railway No. 1 as a light railway under the Principal Act.
Power to make Company's railways
4.-(1) The Company may on the lands taken for and on the lines of Railway No. 2, Railway No. 3 and Railway No. 4 respectively construct and maintain railways with all necessary works and conveniences connected therewith and work the same as light railways under the Principal Act and in accordance with the provisions of this Order.
(2) Except as otherwise provided in this Order the respective railways authorised under paragraph (1) of this article shall be subject to all statutory and all other provisions applicable to Railway No. 2, Railway No. 3 and Railway No. 4 as the case may be (in so far as the same are still subsisting and capable of taking...
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