North Tyneside Steam Railway Order 1997
| Jurisdiction | UK Non-devolved |
1997 No. 2465
TRANSPORT AND WORKS
TRANSPORT
The North Tyneside Steam Railway Order 1997
Made 26th September 1997
Coming into force 17th October 1997
Whereas an application has been made to the Secretary of State for Transport (“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, for an Order under section 1 of the Act;
And whereas the objection to that application has been withdrawn;
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 24th September 1997;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1, 2 and 16 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 North Tyneside Steam Railway Order 1997 and shall come into force on 17th October 1997.
Interpretation
2. In this Order, unless the context otherwise requires—
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised works” means the railway and any other works authorised by this Order;
“the Council” means the Council of the Borough of North Tyneside;
“the deposited plans” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as “the deposited plans” for the purposes of this Order;
“highway” and “highway authority” have the same meaning as in the Highways Act 19803;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulations Act 19844, manual, mechanical, automatic, electronic or telephonic equipment or other devices;
“the railway” means the railway authorised to be constructed by article 4(1) below or any part thereof;
“the sections” means the sections described in rule 7(2) of the Application Rules prepared in connection with the application for this Order and marked by the Secretary of State as “the sections” for the purposes of this Order;
“street” includes part of a street; and
“street authority”, in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 19915.
Incorporation of general Acts
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18456shall be incorporated in this Order—
section 24 (obstructing construction of railway);
section 46 (crossing of roads—level crossings);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 75 (omission to fasten gates);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85 (as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 19237);
sections 103 and 104 (refusal to quit carriage at destination);
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 Council;
“goods” includes any thing conveyed on the railway;
“lease” includes an agreement for a lease;
“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; and
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on the railway authorised to be constructed by this Order.
(3) In its application to the railway, section 24 of the said Act of 1845 shall have effect as if the maximum fine which may be imposed on summary conviction of an offence under that section were, instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.
(4) In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
(5) The following enactments shall not apply to the railway—
(a)
(a) the Highway (Railway Crossings) Act 18398;
(b)
(b) section 9 of the Railway Regulation Act 18429; and
(c)
(c) the Regulation of Railways Act 188910(except sections 1 and 5).
(6) Without prejudice to the foregoing provisions of this article, sections 116 to 118 of the Transport Act 196811shall apply to the railway as if references in those sections to the Board were references to the Council.
PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain railway
4.—(1) The Council may construct and maintain a railway (1015 metres in length) being an extension of the North Tyneside Steam Railway in the Metropolitan Borough of North Tyneside, commencing 149 metres north of the bridge carrying the Tyne and Wear PTE Metro Railway at Ordnance Survey National Grid reference point NZ 433537 567429 and extending in a southerly direction under that bridge and the bridge carrying Howdon Road (A187) then extending in an easterly direction and terminating 12 metres west of the footpath known as Chemsons Cutting at Ordnance Survey National Grid reference point NZ 433794 566665.
(2) Subject to article 5 below, the railway shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the sections.
(3) Subject to paragraph (5) below, the Council may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway, namely—
(a)
(a) works to alter the position of apparatus, including mains, sewers, drains and cables,
(b)
(b) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
(c)
(c) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the railway, and
(d)
(d) works for the benefit or protection of premises affected by the railway.
(4) Subject to paragraph (5) below, the Council may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway.
(5) Paragraphs (3) and (4) above—
(a)
(a) shall only authorise the carrying out or maintenance of works within the limits of deviation for the railway shown on the deposited plans, and
(b)
(b) shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
5. In constructing or maintaining the railway, the Council may—
(a) deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work shown on those plans, and
(b) deviate vertically from the levels shown on the sections—
(i) to any extent not exceeding 1 metre upwards, or
(ii) to any extent not exceeding 2 metres downwards.
Streets
Level Crossing
6.—(1) The Council may in the construction of the railway carry the same with a single line of rails across and on the level of St. Stephen’s Way between the points marked A and B...
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