The Greenburn Light Railway (Scotland) Order 2003

JurisdictionScotland
CitationSSI 2003/359

2003 No. 359

TRANSPORT

The Greenburn Light Railway (Scotland) Order 2003

Made 10th July 2003

Coming into force 11th July 2003

The Scottish Ministers, in exercise of the powers conferred by sections 7, 9, 10, 11 and 12 of the Light Railways Act 18961and all other powers enabling them in that behalf, hereby make the following Order.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Greenburn Light Railway (Scotland) Order 2003 and shall come into force on 11th July 2003.

S-2 Interpretation

Interpretation

2. In this Order:

“the Act” means the Light Railways Act 1896.

“the Company” means Kier Minerals Limited, a company incorporated under the Companies Act 19852and having its registered office at Tempsford Hall Sandy, Bedfordshire;

“the Company’s railway” means the railway authorised by Article 3 and described in Schedule 1 to this Order and includes all the lands and works relating thereto;

“the deposited plan” means the plan prepared in accordance with the Ministry of Transport (Light Railways) Procedure Rules 19273;

S-3 The Company’s Railway

The Company’s Railway

3.—(1) The Company may on lands owned by, leased or licensed to the Company construct, make and maintain a railway as described in Schedule 1 to this Order with all the necessary works and conveniences connected therewith and work the same as a light railway under the Act and in accordance with the provisions of this Order.

(2) The Company shall obtain all additional consents and approvals required for the operation of the Company’s railway from the Health and Safety Executive in terms of The Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 19944.

S-4 The new level crossing

The new level crossing

4.—(1) The Company shall have authority to make and maintain a crossing on the level of the C36 road between Cumnock and Connel Park as described in Schedule 2 to this Order with all the necessary works and conveniences connected therewith

(2) The Company may carry out and maintain such other works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the new level crossing.

S-5 Gauge of railway and motive power

Gauge of railway and motive power

5.—(1) The Company’s railway shall be operated on a gauge of 1.435 metres (four feet eight and one half inches).

(2) The motive power shall be diesel, diesel-hydraulic or diesel-electric.

S-6 Restriction of weight on rails and of speed and as to conveyance of passengers

Restriction of weight on rails and of speed and as to conveyance of passengers

6.—(1) The Company shall not run or permit to be run any train or engine upon any part of the Company’s railway at a rate of speed exceeding 32 kilometres per hour (20 miles per hour), or such lower speed as the Health and Safety Executive may direct, at any time.

(2) The Company shall not run any train, engine, carriage or vehicle upon any part of the Company’s railway which exceeds such maximum axleweight as the Health and Safety Executive may direct.

(3) No part of the Company’s railway shall be used for the conveyance of any person other than those persons involved in the operation of the Company’s railway.

S-7 For protection of public gas suppliers

For protection of public gas suppliers

7. Nothing in this Order shall prejudice or affect the rights of any public...

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