The Nene Valley Railway (Fletton Branch) Order 2012

JurisdictionUK Non-devolved
CitationSI 2012/1993

2012 No. 1993

Transport And Works, England

Transport, England

The Nene Valley Railway (Fletton Branch) Order 2012

Made 26th July 2012

Coming into force 16th August 2012

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 20061for an Order under sections 1 and 5 of the Transport and Works Act 19922(“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 the Secretary of State’s 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 20th July 2012.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1, 4, 8 and 15 of Schedule 1 to, the 1992 Act makes the following Order:—

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Nene Valley Railway (Fletton Branch) Order 2012 and comes into force on 16th August 2012.

(2) The Nene Valley Light Railway Orders 1977 to 1993 and this Order may be cited together as the Nene Valley Railway Orders 1977 to 2012.

S-2 Interpretation

Interpretation

2.—(1) In this Order—

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” is to be construed accordingly;

“the owner” means BRB (Residuary) Limited a company incorporated under the Companies Act 1985 (registration number 4146505) and whose registered office is at One Kemble Street, London, WC2B 4AN;

“the railway” means the portion of the Fletton branch line described in the Schedule together with all land and works relating to it;

“the transfer date” means the date on which the railway is sold by the owner to the undertaker under article 3 (transfer of railway to undertaker); and

“the undertaker” means the Nene Valley Railway Limited, a company incorporated under the Companies Acts 1948 to 1967 (registration number 01038056) as a private limited company without share capital and whose registered office is at Wansford Station, Old Great North Road, Stibbington, Peterborough, PE8 6LR.

(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 to be taken to be measured along the railway.

S-3 Transfer of railway to undertaker

Transfer of railway to undertaker

3.—(1) The owner and the undertaker may enter into and carry into effect agreements providing for the sale to, and vesting in, the undertaker of the railway or any part of it.

(2) Except as may be otherwise provided in this Order, as from the transfer date—

(a)

(a) the railway or any part of it continues to be subject to all statutory and other provisions...

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