North Tyneside Steam Railway Light Railway Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/933 |
| Year | 1991 |
1991 No. 933
TRANSPORT
The North Tyneside Steam Railway Light Railway Order 1991
Made 27th March 1991
Coming into force 28th March 1991
The Secretary of State for Transport on the application of theCouncil of the Borough of North Tyneside and in exercise of the powersconferred by sections 3, 7, 9, 10, 11 and 12 of the Light Railways Act18961, 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 North Tyneside Steam Railway LightRailway Order 1991 and shall come into force on 28th March 1991.
Interpretation
2.—(1) In this Order, unless the context otherwise requires, the followingwords and expressions have the meanings hereby respectively assigned tothem, that is to say:—
“the Board” means the British Railways Board;
“the Board’s railway” means—
(a) so much of the former Blyth and Tyne railway of the Board ascomprises that part of the railway and branch railways described in andauthorised by section 22 (Power to maintain Railway and Branchesaccording to deposited Plans) of the Blyth and Tyne Railway Act 18524and section 38 (Power to make and maintain Worksaccording to deposited Plans) of the Blyth and Tyne RailwayConsolidation and Extensions Act 18545; and
(b) the former Rising Sun Colliery railway of the Board, being therailway described in and authorised by section 5 (Power to the Companyto make railway and widenings) of the London and North Eastern RailwayAct 19386;
and includes all the land and works relating thereto;
“the Council” means the Council of the Borough of North Tyneside;
“the deposited plans” and“the deposited sections” mean respectively the plans and sections deposited in respect ofthe application for this Order with the Department of Transport;
“the principal Act” means the Light Railways Act 1896;
“the railways” means the railways authorised to be constructed, made andmaintained in accordance with article 5 of this Order;
“the Trustees of the Duke of Northumberland” means the trustees for the time being of the Duke ofNorthumberland’s settlement dated 19th April 1972.
(2) Reference points specified in this Order shall be construed asreferences to Ordnance Survey National Grid reference points.
Incorporation of general Acts
3.—(1) The provisions of the Railways Clauses Consolidation Act 18457except sections 8 to 15, 17, 32 to 44, 47 to 57, 59 to63, 69 to 74, 88 to 95, and 115 to 124 are incorporated with and formpart of this Order, so far as the same are applicable for the purposesof and are not inconsistent with or varied by the provisions of thisOrder, and this Order shall be the special Act for the purposes of thoseincorporated provisions.
(2) Subject to the provisions of this Order such of the enactments setout in the Second Schedule to the principal Act as are still in force(except section 22 of the Regulation of Railways Act 18688(means of communication between passengers and theCompany’s servants to be provided) and sections 1 and 5 of theRegulation of Railways Act 18899(power to order certain provisions to be made for publicsafety and penalty for avoiding payment of fare)) shall not apply to therailways.
(3) In its application to the railways the said section 22 of theRegulation of Railways Act 1868 shall have effect as if the words“and travels more than twenty miles without stopping” were omitted therefrom.
(4) In their application to the railways sections 78 to 85 of theRailways Clauses Consolidation Act 1845 shall have effect as originallyenacted and not as amended for certain purposes by section 15 of theMines (Working Facilities and Support) Act 192310.
(5) Without prejudice to the foregoing provisions of this article,sections 116 to 118 of the Transport Act 1968 shall apply to therailways as if references in those sections to the Board were referencesto the Council.
(6) In their application to the railways, the provisions of the RailwaysClauses Consolidation Act 1845 incorporated with this Order shall haveeffect as if any reference to the clerk of the peace were a reference tothe proper officer of the Council.
Transfer of Board’s railway to Council
4.—(1) The Board and the Council may enter into and carry into effectagreements providing for the transfer to and the vesting in the Councilof the Board’s railway or any part thereof on such terms and conditionsas may be agreed between the Board and the Council.
(2) Except as may be otherwise provided in this Order, where anyagreement is made under this article, as from the transferdate—
(a)
(a) the Council shall to the exclusion of the Board be entitled to thebenefit of, and to exercise all rights, powers and privileges and besubject to all obligations statutory or otherwise relating to thetransferred railway (insofar as the same are still subsisting andcapable of taking effect) to the intent that the Board shall be releasedfrom all such obligations; and
(b)
(b) the transferred railway shall be subject to all statutory and otherprovisions applicable to the Board’s railway (insofar as the same arestill subsisting and capable of taking effect).
(3) In this article, in relation to an agreement made under...
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