South Tynedale Railway (Light Railway) Order 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/1829 |
| Year | 1996 |
1996 No. 1829
TRANSPORT
The South Tynedale Railway (Light Railway) Order 1996
Made 9th July 1996
Coming into force 10th July 1996
The Secretary of State for Transport, on the application of Northumberland County Council and the South Tynedale Railway Preservation Society for an Order under the Light Railways Act 18961(hereinafter referred to as “the Act”), being satisfied in accordance with section 7 of the Act that its requirements in relation to the publication and service of notices, and consideration of objections, have been satisfied, and having considered the Order as required by section 9 of the Act, and in exercise of powers conferred by sections 3, 7, and 10 to 12, of the Act, and by section 121(4) of the Transport Act 19682, and now vested in him3and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation and commencement
1.—(1) This Order may be cited as the South Tynedale Railway (Light Railway) Order 1996 and shall come into force on 10th July 1996.
(2) The South Tynedale Railway (Light Railway) Order 19874and this Order may be cited together as the South Tynedale Railway (Light Railway) Orders 1987 and 1996.
Interpretation
2.—(1) 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 Schedule 1 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 Northumberland 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 railway” means the railway authorised to be constructed and maintained by the undertakers 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;
“the undertakers” means the Council or, during the currency of the term created by the lease, the Company.
(2) All directions, distances and reference points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after any such direction, distance and reference point.
Incorporation and modification of enactments
3.—(1) The following enactments, 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:—
Railways Clauses Consolidation Act 18455
Section 16 (works to be executed);
Section 24 (penalty for obstructing construction of railway);
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);
Sections 77 to 85E and the First, Second and Third Schedule (provisions with respect to mines lying under or near the railway);
Section 103 (penalty on persons refusing to quit carriage at destination);
Section 105 (carriage of dangerous goods on railway);
Section 145 (penalties to be summarily recovered before two justices);
Section 154 (transient offenders).
Section 5 (Trains not to be shunted, etc. over level crossings).
(2) The following provisions of the Regulation of Railways Act 18897shall 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).
(3) Sections 116 to 118 of the Transport Act 1968 shall apply to the railway as if for references therein to the Board there were substituted references to the undertakers.
Transfer of rights, etc. from Board
4. 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 subect 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 (subject to article 6(2) below) 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).
Power to construct railway
5.—(1) The undertakers may on the line of the Board’s railway construct and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the Act and in accordance with the provisions of this Order.
(2) The railway shall be laid on the same levels as, and within the existing formation of, the Board’s railway.
Leasing of railway to Company
6.—(1) The Council may lease to the Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Council by article 4 above (Transfer of rights, etc. from Board) on such terms and conditions as may be agreed between the Council and the Company.
(2) During the continuance of the lease the Company shall to the exclusion of the Council be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise as are transferred to or conferred on the Council by this Order and are for the time being in force in respect of the railway or such part thereof as is comprised in the lease.
Gauge of railway and motive power
7.—(1) The railway shall be constructed and operated on a nominal gauge of 610 millimetres (2 feet) and the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve.
(2) Nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
(3) If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984)8or with telecommunication by means of such apparatus.
Level crossings
8.—(1) The undertakers may in the construction of the railway make level crossings across...
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