Oswestry Light Railway Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2142 |
1995 No. 2142
TRANSPORT
The Oswestry Light Railway Order 1995
Made 28th July 1995
Coming into force 29th July 1995
The Secretary of State for Transport, on the application of the Cambrian Railways Society 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 powers conferred by sections 7, 10 to 12 and 18 of the Act and now vested in him2and 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 Oswestry Light Railway Order 1995 and shall come into force on 29th July 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 plan” means the plan deposited in respect of the application for this Order with the Secretary of State for Transport, a copy of which may be inspected at the registered office of the Society;
“the lease” means any lease granted by the Board to the Society under article 5 (Leasing or transfer of railway) of this Order, any extension of the said lease or any new lease of the railway granted by the Board to the Society;
“the railway” means the railway described in Schedule 1 to this Order;
“the Society” means the Cambrian Railways Society Limited, incorporated under the Companies Acts 1948 to 1967 and having its registered office at Oswald Road, Oswestry, Shropshire.
(2) In this Order, all distances, lengths, measurements and directions stated in any descriptions 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 a railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3.—(1) The following provisions shall apply to the railway:—
Regulation of Railways Act 18683—
Section 22 (means of communication between passengers and railway servants);
Regulation of Railways Act 18894—
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
(2) In its application to the railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than 20 miles without stopping” were omitted.
Power to work railway
4. As from the coming into force of this Order and during the currency of the lease or from the operative date of any transfer under the provisions of article 5 of this Order the Society may work the railway as a light railway under the Act and in accordance with the provisions of this Order.
Leasing or transfer of railway
5.—(1) The Board may lease the railway or any part thereof to the Society together with the rights, powers and privileges vested in the Board and relating to the railway on such terms and conditions as may be agreed between the Board and the Society.
(2) The Board and the Society may also enter into and carry into effect agreements providing for the transfer to and vesting in the Society of the railway or any part thereof.
Transfer of rights, etc. to the Society
6.—(1) The Society 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 for the time being in force in respect of the railway or such parts thereof as are leased or transferred as aforesaid (insofar as the same are still subsisting and capable of taking effect) to the intent that (subject to paragraph (2) of this article) the Board shall be released from all such obligations.
(2) Paragraph (1) of this article shall have effect during the currency of the lease and from the operative date of any transfer under the provisions of article 5 of this Order.
Coney Green level crossing
7.—(1) The following provisions of this article and the provisions of Schedule 2 to this Order shall have effect at all times when the Society are entitled pursuant to this Order to work the railway.
(2) The Society shall maintain the existing Coney Green level crossing where the footpath between the points marked A and B on the deposited plan is crossed by the railway.
(3) The Society shall not operate the railway until they have provided in relation to the said level crossing the safety devices specified in Schedule 2 to this Order and the Society shall maintain the said devices, and shall observe the other requirements contained in the said Schedule.
(4) The Society shall maintain...
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