The Babbacombe Cliff Railway Order 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/872 |
| Year | 2009 |
2009 No. 872
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Babbacombe Cliff Railway Order 2009
Made 25th March 2009
Coming into force 15th April 2009
An application was made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20061for an order under sections 1 and 5 of the Transport and Works Act 19922(“the 1992 Act”).
The Secretary of State, having considered the objection made and not withdrawn has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.
Notice of the Secretary of State’s determination was published in the London Gazette on 24th March 2009.
In exercise of the powers conferred by sections 1 and 5 of, and paragraphs 12, 15 and 17 of Schedule 1 to, the 1992 Act, the Secretary of State makes the following Order:—
Citation and commencement
1. This Order may be cited as the Babbacombe Cliff Railway Order 2009 and shall come into force on 15th April 2009.
Interpretation
2.—(1) In this Order—
“the 1923 Order” means the Babbacombe Cliff Light Railway Order 19233;
“the company” means Babbacombe Cliff Railway CIC, a community interest company limited by guarantee, whose registered number is 06541829;
“the Council” means Torbay Borough Council;
“the railway” means the light railway authorised under article 4 of the 1923 Order together with all lands and works related to it, to the extent that those lands and works are vested in the Council at the date on which this Order comes into force, and are held or used by the Council for the purposes of the railway undertaking;
“the relevant date” means the date upon which the railway or any part of it is transferred by the Council to the company under article 3 (transfer of railway to company); and
“the undertaker” means the Council and—
(a) following any lease, sale or vesting under article 3, this expression shall mean the company; and
(b) following any lease, sale or other disposal under article 5 (powers of disposal to others), this expression shall mean the transferee within the meaning of that article.
(2) Any enactment by which the railway was authorised shall have effect subject to the provisions of this Order.
Transfer of railway to company
3.—(1) The Council may lease the railway to the company on such terms and conditions as may be agreed between the Council and the company.
(2) The Council and the company may also enter into, and carry into effect, agreements providing for the sale to, and vesting in, the company of the railway on such terms and conditions as may be agreed between the Council and the company.
Transfer of rights and obligations to company, etc.
4.—(1) Except as may be otherwise provided in this Order, as from the relevant date—
(a)
(a) the railway or any part of it shall continue to be subject to all statutory or other provisions applicable to it at that date (in so far as they are still subsisting and capable of taking effect); and
(b)
(b) the undertaker shall, to the exclusion of the Council (except as may be provided by the terms of the lease or sale)—
(i) be entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the railway; and
(ii) be subject to all obligations, statutory or otherwise, relating to the railway (in so far as they are still subsisting and capable of taking effect), to the intent that the Council shall be released from all such obligations.
(2) Paragraph (1) shall have effect during the term of any lease granted under article 3(1) (transfer of railway to company) and from the operative date of any sale under article 3(2).
(3) The...
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