The Eden Valley Railway Order 2004
| Jurisdiction | UK Non-devolved |
2004 No. 1817
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Eden Valley Railway Order 2004
Made 13th July 2004
Coming into force 3rd August 2004
Whereas 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 20001made under sections 6, 6A, 7 and 10 of the Transport and Works Act 19922, for an order under sections 1 and 5 of that Act;
And whereas the objection to that application has been withdrawn;
And whereas 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 to the proposals;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 1st July 2004;
Now, therefore, 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, that Act and 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 Eden Valley Railway Order 2004 and shall come into force on 3 rd August 2004.
Interpretation
2.—(1) In this Order—
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter I of Part 2 of the Communications Act 20033;
“the railway” means the railway described in the Schedule to this Order together with all lands and works relating thereto;
“the relevant date” means the date of the coming into force of this Order in relation to so much of the railway as at that date is owned by the Trust and in relation to any other part of the railway, the date upon which that part is transferred to the Trust;
“the Trust” means the Eden Valley Railway Trust, a company incorporated under the Companies Act 19854and whose registered office is at 1 Victoria Road, Barnard Castle, County Durham, DL12 8HW; and
“the undertaker” means the Trust and following any sale, lease or underlease under article 4 this expression shall mean or include the transferee within the meaning of that article.
(2) Any enactment by which the construction and operation of the railway was authorised shall have effect subject to the provisions of this Order.
Transfer of rights and obligations to undertaker, etc
3.—(1) Except as may be otherwise provided in this Order, as from the relevant date the railway or any part of it shall continue to be subject to all statutory and other provisions applicable to it at that date (in so far as the same are still subsisting and capable of taking effect) and the undertaker shall, to the exclusion of BRB (Residuary) Limited, be entitled to the benefit of, and to exercise, all rights, powers and privileges, and, subject to paragraph (2), be subject to all obligations, statutory or otherwise, relating to the railway (in so far as the same are still subsisting and capable of taking effect), to the intent that BRB...
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