Regulation of Railways Act 1889

JurisdictionUK Non-devolved
Citation1889 c. 57
Year1889


Regulation of Railways Act, 1889

(52 & 53 Vict.) CHAPTER 57.

An Act to amend the Regulation of Railways Acts; and for other purposes.

[30th August 1889]

Be it 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:

S-1 Power to order certain provisions to be made for public safety.

1 Power to order certain provisions to be made for public safety.

(1)1.—(1.) The Board of Trade may from time to time order a railway company to do, within a time limited by the order, and subject to any exceptions or modifications allowed by the order, any of the following things:

(a .) To adopt the block system on all or any of their railways open for the public conveyance of passengers;

(b .) To provide for the interlocking of points and signals on or in connexion with all or any of such railways;

(c .) To provide for and use on all their trains carrying passengers continuous brakes complying with the following requirements, namely:

(i.) The brake must be instantaneous in action, and capable of being applied by the engine-driver and guards;

(ii.) The brake must be self-applying in the event of any failure in the continuity of its action;

(iii.) The brake must be capable of being applied to every vehicle of the train, whether carrying passengers or not;

(iv.) The brake must be in regular use in daily working;

(v.) The materials of the brake must be of a durable character, and easily maintained and kept in order.

In making any order under this section the Board of Trade shall have regard to the nature and extent of the traffic on the railway, and shall, before making any such order, hear any company or person whom the Board of Trade may consider entitled to be heard.

S-2 Enforcement of orders of Board of Trade.

2 Enforcement of orders of Board of Trade.

2. If default is made in compliance with any order made by the Board of Trade in pursuance of the last foregoing section, the Railway and Canal Commission may, on the application of the Board of Trade, enjoin obedience to the order, and thereupon the order may be enforced as if it were made by the Commission for the purpose of carrying into effect any of the provisions of the Acts under which the Commission have Jurisdiction.

S-3 Issuing debenture stock to meet expenses incurred under this Act.

3 Issuing debenture stock to meet expenses incurred under this Act.

3. Whenever any railway company shall be ordered by the Board of Trade to provide any appliances, or execute any works, or incur any expenditure under the provisions of this Act which would properly be chargeable to capital account, it shall be lawful for such company to furnish to the Board of Trade an estimate of the cost of providing such appliances, executing such works, and carrying out such order generally, and thereupon the Board of Trade shall, upon the application of the company, fix and determine the amount which would properly be capital expenditure, and the company may from time to time issue debentures or debenture stock in priority to or ranking pari passu with any existing debentures or debenture stock of such company bearing interest at a rate not exceeding five per cent. per annum to an amount not exceeding the sum so fixed and determined, and any money raised under the provisions of this section shall be applied in carrying out such requirements of the Board of Trade and to no other purpose whatsoever, and no other authority save the certificate of the Board of Trade shall be requisite to authorise and validate the issue of such debentures or debenture stock.

S-4 Returns of overtime to Board of Trade.

4 Returns of overtime to Board of Trade.

(1)4.—(1.) Every railway company shall make to the Board of Trade periodical returns as to the persons in the employment of the company whose duty involves the safety of trains or passengers, and who are employed for more than such number of hours at a time as may be from time to...

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