Low Moor Tramway Light Railway Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2501 |
| Year | 1995 |
1995 No. 2501
TRANSPORT
The Low Moor Tramway Light Railway Order 1995
Made 20th September 1995
Coming into force 21th September 1995
The Secretary of State for Transport, on the application of West Yorkshire Transport Trust Limited for an Order under the Light Railways Act 18961, being 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 Order as required by section 9 of that Act, in exercise of the powers conferred on him by sections 7, 10, 11, 12 and 18 of that Act 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 Low Moor Tramway Light Railway Order 1995 and shall come into force on 21st September 1995.
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 deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order with the Secretary of State for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR, and at the registered office of the Trust, and marked as those plans and sections respectively;
“the former railway” means the former railway of the Board described in the Schedule to this Order and includes all the lands and works relating thereto;
“the principal Act” means the Light Railways Act 1896;
“the Railway” means the railway authorised to be constructed and maintained by the Trust pursuant to article 4 of this Order;
“the Trust” means West Yorkshire Transport Trust Limited, a company incorporated under the Companies Acts 1948 to 1981 and having its registered office at Ludlam Street Depot, Mill Lane (Off Manchester Road), Bradford BD5 0HG.
(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 and direction, and distances between points on the Railway shall be taken to be measured along the Railway.
Incorporation of Railways Clauses Consolidation Act 1845
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18454shall be incorporated in this Order:—
Section 18 (alteration of water and gas pipes, etc);
Section 24 (penalty for obstructing construction of railway);
Section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
Section 61 (company to make sufficient approaches and fences to highways crossing on the level);
Section 68 (accommodation works by company);
Section 105 (carriage of dangerous goods on railway);
Section 145 (recovery of penalties); and
Section 154 (transient offenders).
(2) In those provisions, as incorporated in this Order—
“the Company” means the Trust;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;
“the special Act” means this Order.
Power to construct and maintain railway
4.—(1) Subject to the provisions of this Order, the Trust may construct and maintain the Railway hereinafter described on 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 Railway shall be a passenger carrying tramway 1.5 kilometres in length commencing at a point at the proposed West Yorkshire Transport Centre at Low Moor 410 metres east of the bridge of Railtrack PLC (No. 48) in the City of Bradford carrying Cleckheaton Road and terminating at a point 200 metres south of the Wyke Lane road crossing in the Metropolitan Borough of Kirklees.
(3) Subject to the provisions of this Order the Railway may be worked as a light railway under the principal Act.
Power to deviate
5. In the construction of the Railway or any part thereof the Trust 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 3 metres 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.
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