Kirklees Light Railway Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/2194 |
| Year | 1991 |
1991 No. 2194
TRANSPORT
The Kirklees 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 Council of the Borough of Kirklees and the Kirklees Light Railway Company Limited and in exercise of powers conferred by sections 3, 7, 9, 10, 11 and 12 of the Light Railways Act 18961, and by section 121(4) of the Transport Act 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 Kirklees 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 respectively assigned to them, that is to say:—
“the Board” means the British Railways Board;
“the Board’s railway” means so much of the former railway of the Board in the Borough of Kirklees in the County of West Yorkshire described in and authorised by the enabling Act and works relating thereto as lies between a point 39 metres east of the easternmost abutment of the bridge over Copley Lane in the parish of Kirkburton and the former railway station to the west of Long Lane in Clayton West in the parish of Denby Dale and includes all lands formerly held by the Board relating to the said railway and lying between those points;
“the Company” means the Kirklees Light Railway Company Limited incorporated under the Companies Act 19854and having its registered office at Number 7 Abbey Road, Shepley, in the County of West Yorkshire;
“the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 5 of this Order;
“the Council” means the Council of the Borough of Kirklees;
“the Council’s land” means such of the site of the Board’s railway as is vested in the Council;
“the Definitive Map” means the definitive map for the area prepared under section 53 of the Wildlife and Countryside Act 19815;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order with the Department of Transport;
“the enabling Act” means the Lancashire and Yorkshire Railway (West Riding Branches) Act 18666;
“the principal Act” means the Light Railways Act 1896.
Incorporation of Acts
3.—(1) Subject to the provisions of this Order, the Railways Clauses Consolidation Act 18457(except sections 8, 11 to 15, 17 and 46 to 62) is hereby incorporated with this Order.
(2) In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated with this Order:—
(a)
(a) sections 7, 9, 10 and 162 shall be read, construed and have effect as if the “proper officer of the Council of the Borough of Kirklees” had been referred to therein instead of the “Clerk of the Peace”;
(b)
(b) sections 78 and 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 19238.
(3) Subject to the provisions of this Order, such of the enactments set out in the Second Schedule to the principal Act as are still in force except section 22 of the Regulation of Railways Act 18689(means of communication between passengers and the Company’s servants to be provided) and sections 1 (power to order certain provisions to be made concerning public safety) and 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 188910shall not apply to the Company’s railway.
(4) In its application to the Company’s railway the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than 20 miles without stopping” were omitted therefrom.
Leasing of the Council’s land to the Company
4.—(1) The Council may lease to the Company such parts of the Council’s land on such terms and conditions as may be agreed between the Council and the Company in order to enable the Company to construct, make and maintain the railway authorised to be constructed, made and maintained pursuant to article 5 of this Order.
(2) During the continuance of the lease the Company shall to the exclusion of the Council be entitled to the benefit of and to exercise all the rights, powers and privileges and be subject to all the obligations of the Council whether statutory or otherwise for the time being in force in respect of such parts of the Council’s land as are comprised in the lease.
Power for the Company to make railway
5.—(1) Subject to the provisions of this Order, the Company may on lands leased or to be leased to the Company construct, make and maintain the railway hereinafter described in the line and according to the levels and within the limits of deviation shown on the deposited plans and the deposited sections and with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities; and may enter into agreements with any other person or body for such purposes.
(2) The said railway is a passenger carrying railway 5.39 kilometres or thereabouts in length commencing at a point not less than 39 metres east of the easternmost abutment of the bridge over Copley Lane in the parish of Kirkburton and terminating at the former railway station to the west of Long Lane in Clayton West in the parish of Denby Dale in the Borough of Kirklees in the County of West Yorkshire.
(3) Subject to the provisions of this Order, the Company’s railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) and during the continuance of any lease granted under article 4(1) of 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 subje ct to all obligations statutory or otherwise relating to the Board’s railway or any part thereof (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 and in the event of such lease being terminated the Council shall likewise, to the exclusion of the Board and to the same intent, be entitled to the benefit of the said rights, powers and privileges and be subject to the said obligations.
Power to deviate
6. In the construction of the Company’s railway or any part thereof the Company may deviate from the line or situation thereof shown on the deposited plans to the extent of the limits of deviation shown thereon and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 1 metre upwards or downwards or to such further extent as may be found necessary or convenient and as may be sanctioned by the Secretary of State.
Power to work the Company’s railway as a light railway
7. Subject to the provisions of this Order the Company’s railway may be worked as a light railway under the principal Act.
Gauge of railway and motive power
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