South Tynedale Railway (Light Railway) Order 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1984 |
| Year | 1987 |
1987 No. 1984
TRANSPORT
The South Tynedale Railway (Light Railway) Order 1987
Made 11th November 1987
Coming into force 12th November 1987
The Secretary of State for Transport, on the application of the Cumbria County Council and the South Tynedale Railway Preservation Society and in exercise of powers conferred by sections 3, 7, and 9 to 12, of the Light Railways Act 18961, as amended by the Light Railways Act 19122and Part V of the Railways Act 19213, and now vested in him4, 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 South Tynedale Railway (Light Railway) Order 1987 and shall come into force on 12th November 1987.
Interpretation
2. In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—
“the Board” means the British Railways Board;
“the Board’s railway” means the railway or former railway of the Board described in the Schedule to this Order together with all lands and works relating thereto;
“the Company” means the South Tynedale Railway Preservation Society incorporated under the Companies Acts 1948 and 1981 and having its registered office at the Railway Station, Alston, Cumbria;
“the Council” means the Cumbria County Council;
“the lease” means any lease granted under paragraph (1) of article 6 (Leasing of railway to Company) of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“the operators” means the Council or, during the currency of the term created by the lease, the Company;
“the principal Act” means the Light Railways Acts 1896 and 1912, as amended by the Railways Act 1921;
“the railway” means the railway authorised to be constructed, made and maintained by the operators pursuant to article 5 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part.
Incorporation and modification of enactments
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18455, so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order:—
Section 16 (works to be executed);
Section 61 (Company to make sufficient approaches and fences to such highways crossing on the level);
Section 68 (maintenance of gates, bridges, fences, drains, watering places);
Section 75 (penalty on persons omitting to fasten gates); and
Sections 77 to 85 (provisions with respect to mines lying under or near the railway).
(2) Notwithstanding the provisions of subsection (1) of section 12 of the Light Railways Act 1896, the following provisions of the Regulation of Railways Act 18896shall apply to the railway:—
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
Transfer of rights, etc. from Board
4.—(1) Except as may be otherwise provided in this Order, as from the coming into force of this Order the railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) and the Council shall to the exclusion of the Board 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 Board’s railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
(2) Section 30 (Company to erect stations or lodges and gates at level crossings) of the Newcastle-upon-Tyne and Carlisle Branch Railway Act 18467...
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