Northampton and Lamport Light Railway Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1300 |
| Year | 1995 |
1995 No. 1300
TRANSPORT
The Northampton and Lamport Light Railway Order 1995
Made 9th May 1995
Coming into force 10th May 1995
The Secretary of State for Transport, on the application of the Northamptonshire County Council and Northampton Steam Railway Limited for an Order under the Light Railways Act 18961(hereinafter referred to as “the Act”), being satisfied in accordance with section 7 of the Act that its requirements in relation to the publication and service of notices, and consideration of objections, have been satisfied, and having considered the Order as required by section 9 of the Act, in exercise of the powers conferred on him by sections 7, 10, 11, 12 and 18 of the Act and 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 Northampton and Lamport Light Railway Order 1995 and shall come into force on 10th May 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 Board’s railway” means so much of the former railway of the Board in the district of Daventry in the County of Northamptonshire authorised by the enabling Act as is co-extensive with the railway described in Schedule 1 to this Order including all lands and works relating thereto;
“the Company” means Northampton Steam Railway Limited incorporated under the Companies Act 19854and whose registered offices is at 6 Hazelwood Road, Northampton, NN1 1LM;
“the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 4 of this Order and such parts thereof as shall have been constructed for the time being;
“the County Council” means the Northamptonshire County Council;
“the enabling Act” means the London and North Western Railway (Northampton and Market Harborough &c Branches) Act 18535;
“Merry Tom Crossing” means the site of the former crossing whereby the bridleway from Hoe Hill to Brixworth designated CG14 on the definitive map is crossed by the Board’s railway on the level and, when the crossing authorised by article 8 of this Order has been constructed, that crossing;
“train” means—
(a) 2 or more items of rolling stock coupled together at least one of which is a locomotive; or
(b) a locomotive not coupled to any other rolling stock.
(2) All directions and distances stated in the descriptions of the Board’s railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3.—(1) The provisions of the Railways Clauses Consolidation Act 18456, except sections 8, 9, 11 to 15, 32 to 44, 53 to 57, 59 and 60, 94, 95, 97 and 115 to 124, are incorporated with and form part of this Order, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, and this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.
(2) Subject to the provisions of this Order such of the enactments mentioned in the Second Schedule to the Act as are still in force shall not apply to the Company’s railway except for section 22 of the Regulation of Railways Act 18687(Means of communication between passengers and Company’s servants to be provided) and section 1 (Power to order certain provisions to be made for public safety) and section 5 (Penalty for avoiding payment of fare) of the Regulation of Railways Act 18898.
(3) In its application to the Company’s railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” had been omitted.
(4) Without prejudice to the foregoing provisions of this article, sections 116 to 118 of the Transport Act 1968 shall apply to bridges over the Company’s railway as if references in those sections to the Board were references to the County Council.
Power to construct railway
4.—(1) Subject to and in accordance with the provisions of this Order, the Company may on lands leased from the County Council and on the same line and levels as the Board’s railway construct and maintain the railway described in Schedule 1 to this Order together with all necessary works and conveniences connected therewith, including stations, premises, workshops and facilities, and work it as a light railway under the Act.
(2) Subject to the provisions of this Order, the Company’s railway or any part of it shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as they are still subsisting and effective) and the Company shall to the exclusion of the Board be entitled to the benefit of and exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Board’s railway (insofar as aforesaid) with the intent that the Board shall be released from all such obligations.
(3) Upon the expiration or sooner determination of any lease of lands granted by the County Council to the Company for the purposes of paragraph (1) of this article, the County Council shall be subject to all obligations statutory or otherwise relating to the Company’s railway (insofar as they are then still subsisting and effective).
Gauge of railway and motive power
5. The Company’s railway shall be constructed to a gauge of 1435 millimetres (four feet eight and one half inches) and the motive power shall be steam or internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engine and carriages:
Provided also that, if electrical power is used as motive power on the Company’s railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus (as defined in Schedule 2 to the Telecommunications Act 19849) or with telecommunication by means of such apparatus.
Restriction of conveyance of passengers
6. No part of the Company’s railway shall be used for the conveyance of passengers without the permission in writing of the Secretary of State.
As to level crossings on the Brampton Valley Way
7.—(1) The Company may construct at Pitsford Siding, at Pitsford and Brampton Station, and at Spratton, and at such other places where the recreation route created by the County Council and known as the Brampton Valley Way crosses the Company’s railway, new...
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