Tanfield Railway (Causey Extension) Light Railway Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1162 |
| Year | 1991 |
1991 No. 1162
TRANSPORT
The Tanfield Railway (Causey Extension) Light Railway Order 1991
Made 3rd May 1991
Coming into force 4th May 1991
The Secretary of State for Transport, on the application of theTanfield Railway Company Limited and in exercise of powers conferred bysections 7 and 9 to 12 of the Light Railways Act 18961, and by section 121(4) of the Transport Act 19682and now vested in him3and of all other powers enabling him in that behalfhereby makes the following Order:—
Citation and commencement
1. This Order may be cited as the Tanfield Railway (Causey Extension)Light Railway Order 1991 and shall come into force on 4th May 1991.
Interpretation
2. In this Order, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned tothem:—
“the Company” means the Tanfield Railway Company Limited incorporated under theCompanies Acts 1948 to 1967 and having its registered office at 33Stocksfield Avenue, Newcastle upon Tyne NE5 2DX;
“the County Council” means Durham County Council;
“the deposited plan” and“the deposited section” mean respectively the plan and section deposited in respect of theapplication for this Order with the Department of Transport;
“the existing railway” means the line from Sunnyside in the County of Tyne and Wear at theside of the A6076 road (Ordnance Survey Grid ReferenceNo. NZ209585) toMarley Hill in the County of Tyne and Wear (Ordnance Survey GridReference No. NZ207573) approximately ¾ mile south of Sunnyside;
“the level crossing” means the level crossing located on the road;
“the principal Act” means the Light Railways Act 1896;
“the railway” means the railway described in the Schedule to this Order;
“the road” means the unclassified road between Tanfield and Causey joiningthe A6076 at Causey in the County of Durham (Ordnance Survey GridReference No. NZ206563);
“Strathmore Estates” means Strathmore English Estates, Norham House, 12 New BridgeStreet West, Newcastle upon Tyne NE1 8AD.
Incorporation and application of enactments
3.—(1) The following provisions of the Railways Clauses Consolidation Act18454so far as the same are applicable for the purposes andare not inconsistent with, or varied by, the provisions of this Order,are incorporated with, and form part of, this Order:—
Sections 3, 7, 13, 16, 24, 46, 49, 50 to 58, 65 to 68, 86 to 88, 103 and 138.
(2) Subject to the provisions of this Order such of the enactmentsmentioned in the Second Schedule to the principal Act as are still inforce shall not apply to the railway except for section 22 of theRegulation of Railways Act 18685(means of communication between passengers and Company'sservants to be provided) and section 1 (power to order certainprovisions to be made for public safety) and section 5 (penalty foravoiding payment of fare) of the Regulation of Railways Act 18896.
(3) In its application to the railway section 22 of the Regulation ofRailways Act 1868 shall be read construed and have effect as if thewords“and travels more than twenty miles without stopping” had been omitted.
(4) Without prejudice to the generality of the foregoing, sections 116to 118 of the Transport Act 1968 shall apply to the railway as if forthe references therein to the Board there were substituted references tothe Company.
Power to make railway
4. Subject to the provisions of this Order the Company may on landsleased or held on licence from Strathmore Estates or held on lease fromthe County Council in the line and situation and upon the landsdelineated on the deposited plan and according to the level shown on thedeposited section make and maintain the railway with all necessary worksand conveniences connected therewith and may work the railway as a lightrailway under the principal Act.
Power to deviate
5. In the construction of the railway or any part thereof the Companymay deviate vertically from the level shown on the deposited section toany extent not exceeding 0.50 metres upwards or downwards or to suchfurther extent as the Secretary of State may approve:
Provided that where the railway crosses the road the Company shallnot deviate vertically from the level shown on the deposited section toany extent beyond 10 millimetres upwards or downwards.
As to crossing of road on the level
6.—(1) The Company may in the construction of the railway carry the samewith a single line across and on the level of the road to the west ofthe Causey Arch Inn within the area of the level crossing as shown as onthe deposited plan and section.
(2) The rails of...
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