Swanage Light Railway Order 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1443 |
1987 No. 1443
TRANSPORT
The Swanage Light Railway Order 1987
Made 6th August 1987
Coming into force 7th August 1987
The Secretary of State for Transport on the application of the Dorset County Council and the Swanage Railway Company Limited and in exercise of powers conferred by sections 3, 7, 9, 10 and 11 of the Light Railways Act 18961as amended by the Light Railways Act 19122and Part V of the Railways Act 19213, and by section 121(4) of the Transport Act 19684, and now vested in him5and 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 Swanage Light Railway Order 1987 and shall come into force on 7th August 1987.
Interpretation
2. In this Order, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them, that is to say:—
“the Board” means the British Railway Board;
“the Board’s railway” means so much of the former railway of the Board in the District of Purbeck in the County of Dorset described in and authorised by the enabling Act and works relating thereto as lies between the former railway station in Swanage at a point immediately to the west of Rempstone Road and Harman’s Cross in the Parish of Worth Matravers at a point two hundred and fifty metres to the west of the place at which Haycraft’s Lane crosses the former railway line and includes all lands formerly held by the Board relating to the said railway and lying between those points;
“the Company” means the Swanage Railway Company Limited incorporated under the Companies Act 19486and having its registered office at The Station House, Swanage, Dorset BH19 1HB;
“the Company’s railway” means the railway authorized to be constructed, made and maintained by the Company pursuant to article 5 of this Order;
“the County Council” means the Dorset County Council;
“the County Council’s land” means such of the site of the Board’s railway as is vested in the County Council;
“the enabling Act” means the Swanage Railway Act 18817;
“the deposited plans” and “the deposited sections” means respectively the plans and sections deposited in respect of the application for this Order with the Department of Transport;
“the principal Act” means the Light Railway Acts 1896 and 1912, as amended by the Railways Act 1921.
Incorporation of Acts
3.—(1) Subject to the provisions of this Order the Railways Clauses Consolidation Act 18458(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)
(a) sections 7, 9 10 and 162 shall be read, construed and have effect as if the “proper officer of the County Council of Dorset” had been referred to therein instead of the “Clerk of the Peace”;
(b)
(b) sections 78 and 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 19239.
(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 186810(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 188911shall 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.
Leasing of the County Council’s land to the Company
4.—(1) The County Council may lease to the Company such parts of the County Council’s land on such terms and conditions as may be agreed between the County Council and the Company in order to enable the Company to construct, make and maintain the railway authorised to be constructed, made and maintained pursuant to article 5 of this Order.
(2) During the continuance of the lease the Company shall to the exclusion of the County Council be entitled to the benefit of, and to exercise all the rights, powers and privileges and be subject to all the obligations of the County Council whether statutory or otherwise for the time being in force in respect of such parts of the County Council’s land as are comprised in the lease.
Power for the Company to make railway
5.—(1) Subject to the provisions of this Order the Company may 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 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;
(2) The said railway is:—
a railway 3 miles or thereabouts in length commencing in Swanage at the former Swanage Railway Station at a point immediately to the west of Rempstone Road and terminating at Harman’s Cross at a point two hundred and fifty metres to the west of the place at which Haycraft’s Lane crosses the former railway line, all in the District of Purbeck in the County of Dorset.
(3) Subject to the provisions of this Order, the Company’s railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) and during the continuance of any lease granted under article 4(1) of this Order, the Company 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...
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