Saundersfoot Steam Railway (Light Railway) Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/2682 |
| Year | 1991 |
1991 No. 2682
TRANSPORT
The Saundersfoot Steam Railway (Light Railway)Order 1991
Made 25th November 1991
Coming into force 26th November 1991
The Secretary of State for Transport, on the application of the Saundersfoot Steam Railway Limited and in exercise of powers conferred by sections 7 and 9 to 12 of the Light Railways Act 1896(1) and now vested in him(2) and 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 Saundersfoot Steam Railway (Light Railway) Order 1991 and shall come into force on 26th November 1991.
Interpretation
2.—(1) In this Order, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them, that is to say:–
“the Act of 1842” means the Act passed in the fifth year of the reign of Her late Majesty Queen Victoria intituled
“An Act for authorising the Saundersfoot Railway and Harbour Company to make an extension of their present Railway, and also to make Two Branches from such Railway respectively within the County of Pembroke; and for extending the provisions of the Act relating to the said Company.”3;
“the Company” means the Saundersfoot Steam Railway Limited incorporated under the Companies Act 19854and having its registered office at Hazel Lee, Jameston, Tenby, Dyfed SA70 8QJ;
“the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 5 of this Order;
“the deposited plans”,
“the deposited sections” and
“the deposited book of reference” mean respectively the plans, sections and book of reference deposited in respect of the application for this Order with the Department of Transport;
“the former railway” means so much of the extension of the railway of the Saundersfoot Railway and Harbour Company authorised by the Act of 1842 as lies between the commencement and termination of the Company’s railway; “the principal Act” means the Light Railways Act 1896.
(2) Reference in this Order to grid references refer to the map co-ordinates on the National Grid used by the Ordnance Survey and shall be construed as if the words “or thereabouts” were inserted after each grid reference.
Incorporation of Acts
3.—(1) Subject to the provisions of this Order the Railways Clauses Consolidation Act 1845(5) (except sections 8, 11 to 15, 17, 46 to 67) is hereby incorporated with this Order.
(2) In the construction of the provisions of the Railways 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 Dyfed” had been referred to therein instead of the “Clerk 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 1923(6).
(3) Subject to the provisions of this Order such of the enactments set out in the Second Schedule to the Light Railways Act 1896 as are still in force except section 22 of the Regulation of Railways Act 1868(7) (means of communication between passengers and the Company’s servants to be provided) and sections 1 (power to order certain provisions to be made concerning public safety) and 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889(8) shall not apply to the Company’s railway.
(4) In its application to the Company’s railway the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than 20 miles without stopping” were omitted therefrom.
Disapplication of provisions
4. Sections 35, 117 to 119, 126 and 127 to 132 of the Act of 1842 shall not apply to the Company’s railway.
Power for the Company to make railway
5.—(1) Subject to the provisions of this Order the Company may, on lands leased or to be leased to the Company, construct, make and maintain the railway hereinafter described in the lines and according to the levels shown on the deposited plans and the deposited sections and with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities:–
In the county of Dyfed, in the district of South Pembrokeshire, in the Communities of Amroth and Saundersfoot, a railway 1600 metres or thereabouts in length commencing at Stepaside at grid reference SN 1398 0757 and terminating at Wiseman’s Bridge at grid reference SN 1451 0617.
(2) Except as may be otherwise provided herein the Company’s railway shall be subject to all statutory and other provisions applicable to the former railway (insofar as the same are still subsisting and capable of taking effect) and the Company shall to the exclusion of the Saundersfoot Railway and Harbour Company be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations, statutory or otherwise, relating to the former railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Saundersfoot Railway and Harbour Company shall be released from all such obligations.
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