Strand Road, Preston Railway Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/2398

2002 No. 2398

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

The Strand Road, Preston Railway Order 2002

Made 3rd September 2002

Coming into force 24th September 2002

Whereas an application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20001made under sections 6, 6A, 7 and 10 of the Transport and Works Act 19922(“the Act”), for an Order under section 1 of the Act;

And whereas the objections to that application have been withdrawn;

And whereas the Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 2nd September 2002;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1, 3, 8, 15 and 17 of Schedule 1 to, the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Strand Road, Preston Railway Order 2002 and shall come into force on 24th September 2002.

S-2 Interpretation

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“the Council” means the Preston City Council;

“the lease” means any lease of the railway granted by the owner to the undertaker pursuant to article 3(1);

“the network licence” means the licence granted in exercise of the powers conferred by section 8 of the Railways Act 19933by the Secretary of State to Railtrack, as the same is amended from time to time;

“the owner” means Railtrack, to the extent that Railtrack is the owner of the railway, and the Council, to the extent that the Council is the owner of the railway, and this expression shall include Railtrack and the Council as joint owners to the extent that they own the railway jointly;

“Railtrack” means Railtrack PLC a company incorporated under the Companies Act 19854and having its registered office at Railtrack House, Euston Square, London NW1 2EE;

“the railway” means the railway (which at the date of this Order is owned jointly by the Council and Railtrack) described in the Schedule to this Order, together with all lands and works relating thereto (including the Strand Road level crossing), to the extent that the same are vested in the owner at the date upon which this Order comes into force and are held or used by the owner for the purposes of its railway undertaking;

“the transfer date”, in relation to any part of the railway, means the date on which that part is leased or sold by the owner to the undertaker under article 3;

“the undertaker” means Steamport Southport Ltd, a company incorporated under the Companies Act 1985 as a company limited by guarantee and whose registered office is at 3 Lincoln Drive, Old Roan, Liverpool L10 3LJ, and following any sale or lease under article 4 this expression shall mean or include the transferee within the meaning of that article.

(2) In this Order distances between points on a railway shall be taken to be measured along the railway.

(3) Any enactment by which the construction and operation of the railway was authorised shall have effect subject to the provisions of this Order.

S-3 Transfer of railway to undertaker

Transfer of railway to undertaker

3.—(1) Subject, in the case of Railtrack, to compliance with all relevant conditions of the network licence, the owner may lease the railway or any part of the railway to the undertaker on such terms and conditions as may be agreed between the owner and the undertaker.

(2) Subject, in the case of Railtrack, to compliance with all relevant conditions of the network licence, the owner and the undertaker may enter into and carry into effect agreements providing for the sale to, and vesting in, the undertaker of the railway or any part of the railway on such terms and conditions as may be agreed between the owner and the undertaker.

(3) Except as may be otherwise provided in this Order, as from the transfer date the railway or any part thereof shall continue to be subject to all statutory and other provisions applicable to the railway at that date (insofar as the same...

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