Leicester North Station Light Railway Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1965 |
| Year | 1991 |
1991 No. 1965
TRANSPORT
The Leicester North Station Light Railway Order 1991
Made 30th August 1991
Coming into force 31th August 1991
The Secretary of State for Transport, on the application of the Council of the Borough of Charnwood and the Council of the City of Leicester and in exercise of the powers conferred by sections 3, 7, 9 to 12 and 24 of the Light Railways Act 18961and now vested in him2and of all other powers enabling him in that behalf, hereby makes the following Order:–
Citation and commencement
1. This Order shall come into force on 31st August 1991 and may be cited as the Leicester North Station Light Railway Order 1991.
Interpretation
2. In this Order unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them, that is to say:–
“the Board” means the British Railways Board;
“the Borough Council” means the Council of the Borough of Charnwood;
“the Company” means the Great Central Railway Company (1976) Public Limited Company having its registered office at Loughborough Central Station, Loughborough, Leicestershire;
“the Borough Council’s Railway” means the railway authorised to be constructed, made and maintained by the Borough Council pursuant to article 3 hereof and more particularly described in the Schedule hereto and, so long as any part of the said railway and works remain uncompleted, includes the site of that part;
“the Lease” means the existing Lease dated 21 April 1978 and made between the Borough Council and the Company whereby the land comprising the Borough Council’s Railway was demised to the Company for the term of 99 years from 21 April 1978 at the rents and on the terms and conditions therein mentioned and any extension thereof or any new lease granted pursuant to article 4 (1) of this Order or under any statutory powers or provisions;
“the 1978 Order” means the Loughborough and Birstall Light Railway Order 19783;
“the principal Act” means the Light Railways Act 1896.
Power to make Borough Council’s Railway
3.—(1) The Borough Council may on the lands comprising the Borough Council’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) Except as may be otherwise provided herein, the Borough Council’s Railway or any part thereof shall be subject to the same statutory and other provisions as were applicable thereto when the lands comprising the same were vested in the Board (insofar as the same are still subsisting and capable of taking effect) and the Borough Council shall be entitled to the benefit of, and to exercise, all rights powers and privileges and be subject to all obligations statutory or otherwise relating thereto as were in effect when the said lands were vested in the Board (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 leasing of the Borough Council’s Railway to the Company
4.—(1) The Borough Council may continue the Lease and shall have power to accept a surrender thereof and grant a new lease of the Borough Council’s Railway or any part thereof on such terms and conditions as may be agreed between the Borough Council and the Company.
(2) During the continuance of the Leasethe Company shall, to the exclusion of the Borough 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 Borough Council whether statutory or otherwise for the time being in force in respect of such parts of the Borough Council’s Railway as are comprised in the Lease.
Incorporation and application of enactments
5.—(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 68 (maintenance of gates, bridges, fences, drains and watering places);
Sections 77 to 85 as amended by the Mines (Working Facilities and Support) Act 19235(provisions with...
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