Swanage Light Railway (Extension) Order 1993
| Jurisdiction | UK Non-devolved |
1993No. 1607
TRANSPORT
The Swanage Light Railway (Extension) Order 1993
21stJune1993
22ndJune1993
The Secretary of State for Transport, on the application of the Swanage Railway Company Limited, and in exercise of powers conferred by sections 7, 9, 10, 11 and 12 of the Light Railways Act 1896 ( a), and by section 121(4) of the Transport Act 1968 ( b), and now vested in him ( c), and 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 Swanage Light Railway (Extension) Order 1993 and shall come into force on 22nd June 1993.
(2) This Order and the Swanage Light Railway Order 1987 ( d)may be cited together as the Swanage Light Railway Orders 1987 and 1993.
Interpretation
2. In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:-
"the Board" means the British Railways Board;
"the Company" means the Swanage Railway Company Limited, incorporated under the Companies Act 1948 ( e) and having its registered office at The Station, Swanage, Dorest, BH19 1HB;
"the Council" means the Dorset County Council;
"the Board's railway" means so much of the former Swanage branch railway of the Board in the District of Purbeck, County of Dorset, described in, and authorised by, the Swanage Railway Act 1881 ( f), and works relating thereto, as lies between a point at Harman's Cross 250 metres west of the bridge carrying Haycraft's Lane over the Swanage Light Railway of the Company, and a point at Furzebrook 527 metres west of the bridge carrying the A351 road between Corfe Castle and Stoborough over the site of the former branch railway of the Board, and includes all lands held, or formerly held, by the Board relating to the said former branch railway and lying between these points;
"the Council's land" means the site of the Board's railway, or so much thereof as has for the time being been conveyed by the Board to the Council;
"the Company's railway" means the railway authorised to be constructed, made and maintained by the Company pursuant to article 5 of this Order, and prior to such construction, the land on which it is authorised to be constructed;
(a) 1896 c.48; sections 7 and 9 were repealed in part by the Railways Act 1921 (c.55), section 86(2) and Schedule 9; section 10 was repealed in part by the Statute Law (Repeals) Act 1986 (c.12), Schedule 1; section 11 was amended by the Light Railways Act 1912 (c.19), section 5(3), and the Railways Act 1921, section 73(1), and was repealed in part and further amended in respects not relevant to this Order; section 12 was repealed in part by the Finance Act 1929 (c.21), section 6 and Schedule.
(b) 1968 c.73.
(c) Railways Act 1921, section 68(1), and S.I. 1970/1681, 1979/571 and 1981/238.
(d) S.I. 1987/1443.
(e) 1948 c.38.
(f) 1881 c.clix.
"the deposited plan" and "the deposited section" means respectively the plan and section deposited in respect of the application for this Order with the Department of Transport.
"the principal Act" means the Light Railways Act 1896;
and all directions, distances, and lengths stated in this Order shall be construed as if the words "or thereabouts" were inserted after each such direction, distance, and length, and distances between points on the former Swanage branch railway shall be taken to be measured along the course of the former railway.
Incorporation of Acts
3.-(1) Subject to the provisions of this Order, the Railways Clauses Consolidation Act 1845 ( a) (except sections 8, 11 to 15, 17, 46 to 48 and 59 to 62) 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) sections 7, 9, 10 and 162, shall be read, construed and have effect as if the "proper officer of the Council" had been referred to therein instead of the "Clerks of the Peace";(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 ( b).(3) Subject to the provisions of this Order, such of the enactments set out in the Second Schedule to the principal Act, as are still in force, except section 22 of the Regulation of Railways Act 1868 ( c)(means of communication between passengers and the Company's servants to be provided) and sections 1 and 5 of the Regulation of Railways Act 1889 ( d) (power to order certain provisions to be made for public safety and penalty for avoiding payment of fare) 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.
Acquiring Land and Leasing of the Council's land to the Company
4.-(1) The Council may acquire from the Board such part of the site of the Board's railway as is not in the Council's ownership, on such terms and conditions as may be agreed between the Board and the Council.
(2) The Council may lease to the Company such parts of the Council's land on such terms and conditions as may be agreed between the Council and the Company, as will enable the Company to construct, make and maintain the Company's railway pursuant to article 5 of this Order.
Power for the Company to make railway
5.-(1) Subject to the provisions of this Order, the Company may, on the line of the Board's railway, construct, make and maintain the railway hereinafter described in the lines and according to the levels and within the limits of deviation shown on the deposited plan and deposited section, and with all proper rails, plates, sidings, junctions, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith.
(2) The said railway is:-
A railway in the District of Purbeck, County of Dorset, 3 and a half miles in length, commencing at Harman's Cross, in the Parish of Worth Matravers, by a junction with the Swanage Light Railway of the Company, and terminating at Furzebrook, in the Parish of Church Knowle, by a junction with the surviving portion of the Swanage branch railway of the Board.
(a) 1845 c.20.
(b) 1923 c.20.
(c) 1868 c.119.
(d) 1889 c.57.
(3) Subject to the provisions of this Order, the Company's railway, or any part thereof, shall be subject to all statutory and other...
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