Railways Clauses Act 1863
| Jurisdiction | UK Non-devolved |
| Citation | 1863 c. 92 |
| Year | 1863 |
(26 & 27 Vict.) C A P. XCII.
[28th July 1863]
'WHEREAS The Railways Clauses Consolidation Act, 1845, and The Railways Clauses Consolidation (Scotland ) Act, 1845, respectively, were passed in order to comprise in One General Act such Provisions relating to Railways in England or Ireland , or in Scotland , respectively, as were at the Times of the passing of those Acts usually introduced into Acts of Parliament authorizing the Construction of Railways:
And whereas sundry Provisions of the like Nature, but not comprised in the said General Acts respectively, are now frequently introduced into Acts of Parliament relating to Railways, and it is expedient to comprise such last-mentioned Provisions also in One General Act, such Act to be applicable toEngland or Ireland , or to Scotland , as the Case may require, and that as well for the Purpose of avoiding the Necessity of repeating such Provisions in Special Acts relating to Railways, as for ensuring greater Uniformity in the Provisions themselves:'
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:
1 Short Title.
1. This Act may be cited as TheRailways Clauses Act, 1863.
2 Division of Act into Parts.
2. This Act shall be deemed to be divided into Five Parts, as follows:
Part I. relating to Construction of a Railway;
Part II. relating to Extension of Time;
Part III. relating to Working Agreements;
Part IV. relating to Steam Vessels;
Part V. relating to Amalgamation.
Part I.
Construction of a Railway.
3 Application of Part I., and Interpretation of Terms.
3. This Part of this Act shall apply to the Railway authorized to be constructed by any Special Act hereafter passed and incorporating this Part of this Act.
In this Part of this Act—
All Terms used have the same Meanings as the same Terms have when used in The Railways Clauses Consolidation Act, 1845, and The Railways Clauses Consolidation (Scotland ) Act, 1845, respectively:
The Term ‘Tidal River’ means any Part of a River within the Flow and Ebb of the Tide at ordinary Spring Tides:
The Term ‘Tidal Water’ means any Part of the Sea or any Part of a River within the Flow and Ebb of the Tide at ordinary Spring Tides:
The Term ‘Tidal Lands’ means such Parts of the Bed, Shore, or Banks of a Tidal Water as are covered and uncovered by the Flow and Ebb of the Tide at ordinary Spring Tides.
The Provisions respecting the Recovery of Penalties contained in the said Railways Clauses Consolidation Acts respectively, as the Case may require, shall be incorporated with this Part of this Act.
Alteration of Engineering Works.
4 Power to alter Engineering Works.
4. Notwithstanding anything in the said Railways Clauses Consolidation Acts, respectively, contained, —the Company, in the Construction of the Railway, may deviate from the Line or Level of any Arch, Tunnel, or Viaduct, described on the deposited Plans or Sections, so as the Deviation be made within the Limits of Deviation shown on those Plans, and subject to the Limitations contained in Sections Eleven, Twelve, and Fifteen of those Acts respectively, and so as the Nature of the Work described be not altered,—and may also substitute any Engineering Work not shown on the deposited Plans or Sections, for an Arch, Tunnel, or Viaduct, as shown thereon; provided that every such Substitution be authorized by a Certificate of the Board of Trade; and the Board of Trade may grant such Certificate in case it appears to them, on due Inquiry, that the Company has acted in the Matter with good Faith, and that the Owners, Lessees, and Occupiers of the Lands in which the Substitution is intended to be made consent thereto, and also that the Safety and Convenience of the Public will not be diminished thereby.
Provided, that nothing in the present Section shall affect any Power given to the Company or to the Board of Trade by Section Eleven, Twelve, Fourteen, or Fifteen of the last-mentioned Acts respectively.
Level Crossings.
5 Trains not to be shunted over level Crossings.
5. Where the Company is authorized by the Special Act to carry the Railway across a Turnpike Road or Public Carriageroad on a Level, it shall not be lawful for the Company in shunting Trains to pass any Train over the level Crossing, or at any Time to allow any Train, Engine, Carriage, or Truck to stand across the same.
6 Company to erect Lodge at Point of Crossing.
6. For the greater Convenience and Security of the Public, the Company shall erect and permanently maintain a Lodge at the Point where the Railway crosses on the Level the Turnpike Road or Public Carriageroad; and the Company shall be subject to and shall abide by all such Regulations with regard to the crossing thereof on the Level, or with regard to the Speed at which Trains may pass the level Crossing, as may from Time to Time be made by the Board of Trade.
If the Company fails to erect, or to maintain, such Lodge, or to appoint or keep a proper Person to watch or superintend the level Crossing, or to observe or abide by any such Regulation as aforesaid, they shall for every such Offence be liable to a Penalty not exceeding Twenty Pounds, and also to a Penalty of Ten Pounds for every Day during which the Offence continues after the Penalty of Twenty Pounds is incurred.
7 Board of Trade may require Bridge instead of level Crossing.
7. The Board of Trade may, if it appears to them necessary for the Public Safety, at any Time after the passing of the Special Act, require the Company, within such Time as the Board of Trade directs, and at the Expense of the Company, to carry the Turnpike Road or public Carriageroad either under or over the Railway by means of a Bridge or Arch, instead of crossing the same on the Level, or to execute such other Works as, under the Circumstances of the Case, may appear to the Board of Trade best adapted for removing or diminishing the Danger arising from the level Crossing.
Where the Road is so carried either under or over the Railway, it shall not be necessary for the Company to erect or maintain a Lodge at the Point where the Road is crossed, or to appoint a Person to watch or superintend the Crossing thereat, nor shall they be liable to any Penalty for Failure so to do.
8 Power to Company to take additional Land for such Work.
8. If the Board of Trade certifies that the Public Safety requires that additional Lands be taken by the Company for the Purpose of the Work directed by the Board of Trade to be executed, the Company may, subject to the Provisions of The Lands Clauses Consolidation Act, 1845, or The Lands Clauses Consolidation (Scotland ) Act, 1845, as the Case may require, enter upon, take, and use all or any Part of the Lands specified in the Certificate of the Board of Trade as being necessary for the Purpose of the Work; and the Board of Trade before issuing the Certificate shall cause at least Three Months Notice to be given to any Person who may be entitled to claim under the last-mentioned Acts, or otherwise, Compensation in respect of the taking of such Lands or in respect of such Work.
Junctions.
9 Communications with other Railways to be made under the Direction of the Engineer of those...
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