The Ecclesbourne Valley Railway Order 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/1652 |
| Year | 2015 |
2015No. 1652
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Ecclesbourne Valley Railway Order 2015
7thSeptember2015
28thSeptember2015
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 2006( 1), for an Order under sections 1 and 5 of the Transport and Works Act 1992( 2) ("the 1992 Act").
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.
Notice of the Secretary of State's determination was published in the London Gazette on 25th August 2015.
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1, 8, 15 and 17 of Schedule 1 to, the 1992 Act, makes the following OrderâÇò
Citation and commencement
1. This Order may be cited as the Ecclesbourne Valley Railway Order 2015 and comes into force on 28thSeptember 2015.
Interpretation
2.-(1) In this Order-
"the 1996 Order" means the Duffield and Wirksworth Light Railway Order 1996( 3);
"the Company" means WyvernRail plc, a company incorporated under the Companies Act 1985( 4), whose registered number is 02754846 and whose registered office is Wirksworth Station, Coldwell Street, Wirksworth, Matlock, Derbyshire DE4 4FB;
"electronic communications apparatus" has the same meaning as in the electronic communications code;
"the electronic communications code" has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003( 5);
"Lafarge Tarmac" means Lafarge Tarmac Cement & Lime Limited a company incorporated under the Companies Act 2006( 6), whose registered number is 66558 and whose registered office is at Portland House, Bickenhill Lane, Solihull, Birmingham B37 7BQ;
"Network Rail" means Network Rail Infrastructure Limited, a company whose registered number is 02904587 and whose registered office is at 1 Eversholt Street, London NW1 2DN;
"the railway" means the railway described in the Schedule together with all lands and works relating to it which-
(a) are held by Network Rail at the date on which this Order comes into force; or(b) were at any time vested in the former British Railways Board, and which at the date on which this Order comes into force are owned by or leased to the Company, or otherwise occupied by the Company; and"the undertaker" means the Company and following any sale, lease or underlease under article 5 (transfer of railway by undertaker) this expression means or includes the transferee within the meaning of that article.
(2) Any enactment by which the construction and operation of the railway was authorised has effect subject to the provisions of this Order.
(3) All distances, lengths, measurements and directions stated in any description of powers or lands are approximate, and distances between points on a railway are taken to be measured along the railway.
Transfer of railway to the undertaker
3.-(1) Network Rail and the undertaker may enter into and carry into effect agreements providing for the sale to and vesting in the undertaker of any part of the railway which is vested in Network Rail at the date on which this Order comes into force on such terms and conditions as may be agreed between Network Rail and the undertaker.
(2) Lafarge Tarmac and the undertaker may enter into and carry into effect agreements providing for the sale to and vesting in the undertaker of any part of the railway which is vested in Lafarge Tarmac at the date on which this Order comes into force on such terms and conditions as may be agreed between Lafarge Tarmac and the undertaker.
Transfer of rights and obligations to the undertaker,...
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