Railway Companies' Powers Act 1864
| Jurisdiction | UK Non-devolved |
(27 & 28 Vict.) C A P. CXX.
[29th July 1864]
'WHEREAS it is expedient that in certain Cases Railway Companies be enabled to obtain further Powers on complying with the Conditions of a General Act of Parliament, without being obliged to procure in each Case a Special Act:'
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
Preliminary.
1 Short Title.
1. This Act may be cited as TheRailway Companies' Powers Act, 1864.
2 Interpretation of Terms.
2. In this Act—
The Term ‘Railway’ includes Works connected with or for the Purposes of a Railway, and also a Railway authorized to be but not actually constructed:
The Term ‘Railway Bill’ means a Bill pending in or intended to be introduced into either House of Parliament, having for its Object or One of its Objects to authorize the making of a Railway:
The Term ‘the Companies Clauses Acts’ means, so far as the Enactment in which that Term is used relates toEngland or Ireland , or to a Certificate to be operative in England or Ireland , The Companies Clauses Consolidation Act, 1845; and, so far as the same relates to Scotland , or to a Certificate to be operative in Scotland , The Companies Clauses Consolidation (Scotland ) Act, 1845; together with in each Case The Companies Clauses Act, 1863:
The Term ‘the Board of Trade’ means the Lords of the Committee for the Time being of Her Majesty's Privy Council appointed for the Consideration of Matters relating to Trade and Foreign Plantations.
Description of Cases within this Act.
3 Act to apply in Cases therein named.
3. This Act shall take effect and apply in each of the Cases following; namely,
I.—Where a Railway Company are desirous that Authority should be given to themselves and some other Railway Company or Companies to enter into an Agreement with respect to all or any of the Matters following; namely,
The Maintenance and Management of the Railways of the Companies respectively, or of any One or more of them, or of any Part thereof respectively;
The Use and Working of the Railways or Railway, or of any Part thereof, and the Conveyance or Traffic thereon;
The fixing, collecting, and Apportionment of the Tolls, Rates, Charges, Receipts, and Revenues levied, taken, or arising in respect of Traffic;
The joint Ownership, Maintenance, Management, and Use of a Station or other Work; or the separate Ownership, Maintenance, Management, and Use of several Parts of a Station or other Work:
II.—Where a Railway Company are desirous of obtaining an Extension of the Time limited for the Sale by them of superfluous Lands:
III.—Where a Railway Company incorporated by Special Act or by Certificate under The Railways Construction Facilities Act, 1864, are desirous of obtaining Authority to raise additional Capital.
Application for Certificate.
4 As to Application for Certificate by Company to Board of Trade.
4. In any such Case the Company, if desirous to obtain a Certificate under this Act, shall proceed as follows; namely,
(1) (1.) They shall apply to the Board of Trade for a Certificate under this Act:
(2) (2.) They shall lodge at the Office of the Board of Trade a Draft of the Certificate as proposed by them:
(3) (3.) They shall publish Notice of the Application according to the General Rules under this Act:
5 Said Board to inquire if Requirements complied with;
5. As soon as conveniently may be after the Time for Completion of the required Notice, the Board of Trade shall proceed to inquire whether the Company have complied with the Requirements of the General Rules respecting Notice.
6 and to consider all Representations and Objections.
6. The Board of Trade, before settling a Draft of a Certificate, shall take into consideration any Representation made to them, and shall duly inquire into the Merits of any Objection brought before them, respecting the Application.
Opposition of Railway or Canal Company to Application.
7 On Railway or Canal Company affected giving Notice of Opposition Proceedings before Board of Trade to cease.
7. If in any Case any Railway or Canal Company desire to be heard by Counsel, Agents, and Witnesses against the Application of the Promoters, and (within such Time as is prescribed by General Rules under this Act) lodge at the Office of the Board of Trade a Notice in Writing to that Effect (herein-after referred to as a Notice of Opposition) in the Form set forth in the Schedule to this Act (with such Variations as Circumstances require), in that Case the Board of Trade, if the Railway or Canal Company lodging the Notice would be affected in any way by the proposed Certificate, shall not proceed on the Application of the Promoters.
8 Further Proceedings to be in Parliament.
8. Where the Board of Trade do not proceed on the Application they shall, not later in any Year than the Fifteenth Day ofFebruary , if Parliament is then sitting, and if not, then within Seven Days after the next Meeting of Parliament, lay before both Houses of Parliament a Copy of the Draft Certificate lodged by the Promoters and of the Notice of Opposition; and the Promoters shall be at liberty to seek by way of Bill in the same Session, in such Manner and on such Conditions as the Houses of Parliament respectively by Standing Order or otherwise from Time to Time direct, such Powers as were sought by them by way of Certificate.
Settlement of Draft Certificate.
9 Power to Board of Trade to settle Certificate according to Nature of Application as herein named.
9. Where the Board of Trade proceed on the Application, then, on being satisfied that the Company have complied with the Requirements of the General Rules respecting Notice, they may, if they think fit, settle a Draft of a Certificate, certifying to the Effect following; namely,
In the first-mentioned Case, that the Companies in the Certificate specified are authorized to agree among themselves with respect to all or any of the Matters aforesaid in the Certificate specified;
In the secondly-mentioned Case, that the Time limited for the Sale by the Company of superfluous Lands is extended as in the Certificate specified;
In the thirdly-mentioned Case, that the Company are authorized to raise, as Capital, for the Purposes of the Certificate, such additional Sum of Money as therein limited, by the Issue of new Shares or new Stock, either Ordinary or Preference, or partly Ordinary and partly Preference, or partly in that Mode and partly by borrowing on Mortgage, at the Option of the Company, or as may be prescribed in the Certificate, and with Power to create and issue Debenture Stock.
10 Insertion of Conditions in Certificate.
10. The Board of Trade may (subject to the Provisions of this Act, and having regard to the Provisions of any Special Act relating to any Company empowered by a Certificate,) insert in the Certificate such Provisions as they, according to the Circumstances of the Case, deem necessary or proper for better effectuating the Purposes of the Certificate, and the same shall be deemed to all Intents Part of the Certificate.
11 Form of Certificate.
11. The Certificate may be in the Form set forth in the Schedule to this Act, with such Provisions as aforesaid.
Submission of Draft Certificate to Houses of Parliament.
12 Draft Certificate to be laid before Houses of Parliament.
12. The Board of Trade shall lay the Draft Certificate settled by them before both Houses of Parliament within Seven Days after the same is settled, if Parliament is then Sitting, or if not, then within Seven Days after the next Meeting of Parliament, but not later in any Year than the First Day ofJune .
13 Notice thereof to be given.
13. On the Draft Certificate being settled the Promoters shall give Notice thereof according to General Rules under this Act.
14 In what Cases Draft Certificate not to be proceeded with.
14. If either House of Parliament within Six Weeks after the Draft of a Certificate settled by the Board of Trade is laid before that House resolves that the Certificate ought not to be made, the same shall not be further proceeded with.
Issue and Publication of Certificate.
15 In what Cases Certificate may be issued by Board of Trade.
15. If neither House of Parliament within the Period aforesaid thinks fit to resolve that the Certificate ought not to be made, then as soon as the Period of Six Weeks after the laying of the Draft Certificate before both Houses of Parliament has expired the Board of Trade may make and issue a Certificate in conformity with such Draft.
16 Publication of Certificate in Gazette.
16. The...
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