Mid-Norfolk Railway Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3413 |
| Year | 2001 |
2001 No. 3413
TRANSPORT AND WORKS, ENGLAND
TRANSPORT
The Mid-Norfolk Railway Order 2001
Made 24th September 2001
Coming into force 15th October 2001
Whereas an application has been made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under section 6 of the Transport and Works Act 19922(“the Act”), for an Order under section 1 of the Act;
And whereas the Secretary of State received no objections to that application;
And whereas the Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 20th September 2001;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 and 15 of Schedule 1 to, the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
PART I
Preliminary
Citation and commencement
1. This Order may be cited as the Mid-Norfolk Railway Order 2001 and shall come into force on 15th October 2001.
Interpretation
2. In this Order—
“the Board” means BRB (Residuary) Limited;
“the Board’s railway” means so much of the railway of the Board (including the site of the railway) in the County of Norfolk described in and authorised by the Norfolk Railway Extensions, Dereham, Wells and Blakeney Branch Act 18463, and works relating thereto, as lies between a point joining the existing Mid-Norfolk Railway immediately south of Norwich Road at East Dereham in the District of Breckland at reference point TF 9935 1320 and a point 250 metres north of Bridge 1705 in the District of Breckland at reference point TF 9935 2085 and includes all lands held by the Board relating to the railway or to any stations or other works connected therewith, and lying between those points;
“protective equipment” includes gates, barriers, lights, traffic signs (within the meaning of section 64 of the Road Traffic Regulation Act 19844), manual, mechanical, automatic, electronic or telephonic equipment or other devices;
“reference point” means Ordnance Survey National Grid reference point;
“the transfer date” means the date on which the Board’s railway or any part thereof is vested in the Trust by virtue of an agreement made between the Board and the Trust;
“the Trust” means the Mid-Norfolk Railway Preservation Trust (Registered Charity No. 1046931) incorporated under the Companies Act 19855as a company limited by guarantee and whose registered office is at Railway Station, Station Road, Dereham, Norfolk NR19 1DF.
Disapplication of certain enactments relating to level crossings
3. Section 47 of the Railways Clauses Consolidation Act 18456(roads crossed on a level) and section 6 of the Railways Clauses Act 18637(lodges at level crossings) shall on the transfer date cease to apply to the Board’s railway or the relevant part thereof.
PART II
Transfer of Board’s railway
Transfer of Board’s railway
4.—(1) Subject to the provisions of this article, the Board may transfer the whole or any part of the Board’s railway to the Trust on such terms and conditions as may be agreed between the Board and the Trust.
(2) On and after the transfer date the Trust 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 Board’s railway or the relevant part thereof, with the intent that the Board shall be released from all...
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