Railway Regulation Act 1842
| Jurisdiction | UK Non-devolved |
| Citation | 1842 c. 55 |
(5 & 6 Vict.) C A P. LV.
[30th July 1842]
'WHEREAS by an Act passed in the Third and Fourth Years of the Reign of Her present Majesty, intituled , Provision was made for the Supervision of Railways: And whereas it is expedient for the Safety of the Public to make further Provision for that Purpose;' be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritualand Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That this Act shall come into operation on the passing thereof.
II Recited Act and this Act to be construed together.
II. And be it enacted, That the Provisions of the said recited Act and of this Act shall be construed together as One Act, except so far as the Provisions of the said recited Act are hereby repealed, or shall be inconsistent with the Provisions of this Act.
III Notice before opening Railway repealed.
III. 'And whereas by the said recited Act it is enacted, that after Two Months from the passing of the said recited Act no Railway, or Portion of any Railway, shall be opened for the public Conveyance of Passengers or Goods until One Calendar Month after Notice in Writing of the Intention of opening the same shall have been given, by the Company to whom such Railway shall belong, to the Lords of the Committee of Her Majesty's Privy Council appointed for Trade and Foreign Plantations: And whereas by the said recited Act it is also enacted, that if any Railway or Portion of any Railway shall be opened without due Notice as aforesaid, the Company to whom such Railway shall belong shall forfeit to Her Majesty the Sum of Twenty Pounds for every Day during which the same shall continue open, until the Expiration of One Calendar Month after the Company shall have given the like Notice as is herein-before required before the opening of the Railway, and any such Penalty may be recovered in any of Her Majesty's Courts of Record;' be it enacted, That the said recited Provisions of the said Act shall be and they are hereby repealed.
IV Notice of intended opening of Railway.
IV. And be it enacted, That no Railway or Portion of any Railway shall be opened for the public Conveyance of Passengers until One Calendar Month after Notice in Writing of the Intention of opening the same shall have been given, by the Company to whom such Railway shall belong, to the Lords of the Committee of Her Majesty's Privy Council appointed for Trade and Foreign Plantations, and until Ten Days after Notice in Writing shall have been given by the said Company to the Lords of the said Committee of the Time when the said Railway or Portion of Railway will be, in their Opinion, sufficiently completed for the safe Conveyance of Passengers, and ready for Inspection.
V If Railway opened without Notice, Company to forfeit 20 l.
V. And be it enacted, That if any Railway or Portion of any Railway shall be opened without such Notice as aforesaid, the Company to whom such Railway shall belong shall forfeit to Her Majesty the Sum of Twenty Pounds for every Day during which the same shall continue open until the said Notices shall have been duly given and shall have expired; and every such Penalty may be recovered in any of Her Majesty's Courts of Record, or in the Court of Session or in any of the Sheriffs Courts inScotland .
VI Board of Trade empowered to postpone the opening.
VI. And be it enacted, That if the Officer or Officers appointed by the Lords of the said Committee to inspect any such Railway or Portion of Railway shall, after Inspection thereof, report in Writing to the Lords of the said Committee that, in his or their Opinion, the opening of the same would be attended with Danger to the Public using the same, by reason of the Incompleteness of the Works or permanent Way, or the Insufficiency of the Establishment for working such Railway, together with the Grounds of such Opinion, it shall be lawful for the Lords of the said Committee, and so from Time to Time, as often as such Officers shall after further Inspection thereof so report, to order and direct the Company to whom such Railway shall belong to postpone such opening for any Period not exceeding One Calendar Month at any One Time, until it shall appear to the Lords of the said Committee that such opening may take place without Danger to the Public; and if any such Railway, or any Portion thereof, shall be opened contrary to any such Order and Direction of the Lords of the said Committee, the Company to whom such Railway shall belong shall forfeit to Her Majesty the Sum of Twenty Pounds for every Day during which the same shall continue open contrary to such Order and Direction; and any such Penalty may be recovered in any of Her Majesty's Courts of Record, or in the Court of Session or in any of the Sheriffs Courts inScotland : Provided always, that no such Order as aforesaid shall be binding upon any Railway Company unless therewith shall be delivered to the said Company a Copy of the Report of the Officer or Officers on which such Order shall be founded.
VII Notice of Accidents to be given to the Board of Trade.
VII. And be it enacted, That every Railway Company shall, within Forty-eight Hours after the Occurrence upon the Railway belonging to such Company of any Accident attended with serious personal Injury to the Public using the same, give Notice thereof to the Lords of the said Committee; and if any Company shall wilfully omit to give such Notice every such Company shall forfeit to Her Majesty the Sum of Five Pounds for every Day during which the Omission to give the same shall continue; and every such Penalty may be recovered in any of Her Majesty's Courts of Record, or in the Court of Session or in any of the Sheriffs Courts inScotland .
VIII Board of Trade empowered to direct Returns.
VIII. And be it enacted, That the Lords of the said Committee may order and direct any Railway Company to make up and deliver to them Returns of serious Accidents occurring in the course of the public Traffic upon the Railway belonging to such Company, whether attended with personal Injury or not, in such Form and Manner as the Lords of the said Committee shall deem necessary and require for their Information with a view to the public Safety; and if any such Returns shall not be so delivered within Fourteen Days after the same shall have been required, every such Company shall forfeit to Her Majesty the Sum of Five Pounds for every Day during which the said Company shall neglect to deliver the same; and every such Penalty may be recovered in any of Her Majesty's Courts of Record, or in the Courts of Session or in any of the Sheriffs Courts inScotland : Provided always, that all such Returns shall be privileged Communications, and shall not be Evidence in any Court whatsoever.
IX Gates at level Crossings to be kept closed across the Road.
IX. 'And whereas by an Act passed in the Second and Third Years of Her present Majesty, and intituled Williamthe Fourth relating to Highways , it was enacted, that whenever a Railway crosses or shall hereafter cross any Turnpike Road, or any other Highway or Statute Labour Road for Carts or Carriages in Great Britain , the Proprietors or Directors of the said Railway shall make and maintain good and sufficient Gates across each End of such Turnpike or other Road at each End of the said Crossings, and shall employ good and proper Persons to open and shut such Gates, so that the Persons, Carts, or Carriages passing along such Turnpike or other Road shall not be exposed to any Danger or Damage by the passing of any Carriages or Engines along the said Railway: And whereas by the Acts relating to certain Railways it is provided that such Gates shall be kept constantly closed across the Railway, except during the Time when Carriages or Engines passing along the Railway shall have to cross such Turnpike or other Road: And whereas Experience has shown that it is more conducive to Safety that such Gates should be kept closed across the Turnpike or other Road instead of across the Railway;' be it therefore enacted, That, notwithstanding any thing to the contrary...
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