Peak Rail Light Railway Order 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/2350 |
| Year | 1990 |
1990 No. 2350
TRANSPORT
The Peak Rail Light Railway Order 1990
Made 5th November 1990
Coming into force 6th November 1990
The Secretary of State for Transport, on the application of Peak Rail plc and in exercise of powers conferred by sections 7, 9, 10, 11 and 12 of the Light Railways Act 18961and 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 Peak Rail Light Railway Order 1990 and shall come into force on 6th November 1990.
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 Company” means Peak Rail plc, a company incorporated under the Companies Act 19853and having its registered office at the Midland Station, Buxton, Derbyshire;
“the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 4 of this Order;
“the former railway” means the railway or former railway of the Board described in the Schedule to this Order and includes all lands and works relating thereto;
“the principal Act” means the Light Railways Act 1896.
(2) Except in relation to article 4(2) of this Order, all distances, lengths, measurements and directions stated in any description 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) Subject to the provisions of this Order, the provisions of the Railway Clauses Consolidation Act 18454(except sections 8, 17, 47, 48, 50 and 59 to 64) are incorporated with, and form part of, this Order.
(2) In the construction of the provisions of the Railway Clauses Consolidation Act 1845 as incorporated with this Order:—
(a)
(a) Sections 7, 9, 10 and 162 shall be read, construed and have effect as if the “proper officer of the County Council of the County of Derbyshire” had been referred to therein instead of the “Clerks of the Peace”;
(b)
(b) Sections 78 to 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 19235.
(3) Notwithstanding the provisions of subsection (1) of section 12 of the Light Railways Act 1896, the following enactments shall apply to the Company’s railway:—
The Regulation of Railways Act 18686—
Section 22 (means of communication between passengers and the Company’s servants to be provided);
The Regulation of Railways Act 18897—Section 1 (power to order certain provisions to be made for public safety);
Section 5 (penalty for avoiding payment of fare).
(4) 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” were omitted therefrom.
Power to make Company’s Railway
4.—(1) The Company may on the line and to the extent of the former railway construct, make and maintain a railway with all necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
(2) The Company’s railway shall be laid on the same...
To continue reading
Request your trial