The Preston Dock Railway Order 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/3126 |
2004 No 3126
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Preston Dock Railway Order 2004
Made 24th November 2004
Coming into force 15th December 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(“the Act”), for an Order under sections 1 and 5 of the Act;
And whereas the Secretary of State has taken into consideration the grounds of objections to that application;
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 in the proposals;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 19th November 2004;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1, 3, 8, 15 and 17 of Schedule 1 to, the 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 Preston Dock Railway Order 2004 and shall come into force on 15th December 2004.
Interpretation
2.—(1) In this Order—
“the Council” means the Preston City Council;
“the dock railway system” means the part vested in the Council of the undertaking which was authorised by the North Union and Ribble Navigation Branch Railway Act 18453to carry goods and passengers by rail;
“electronic communications apparatus” has the same meaning as in the electronic communications code as set out in Schedule 2 to the Telecommunications Act 19844;
“the existing enactments” means the enactments mentioned in Schedule 1 to this Order;
“the lease” means any lease of the railways granted by the Council to the undertaker pursuant to article 3(1);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“Railway No. 1” and “Railway No. 2” mean respectively the railways so numbered and described in Schedule 2 to this Order together with all lands and works relating thereto to the extent that the same are vested in the Council at the date upon which this Order comes into force and are held or used by the Council for the purposes of its railway undertaking;
“the railways” means Railway No. 1 and Railway No. 2, or either of them, as the case may require;
“the swing bridge” means the swing bridge carrying Railway No. 1 and the road known as Navigation Way over the entrance to Preston Dock together with all works and equipment relating thereto;
“the transfer date”, in relation to any part of the railways, means the date on which that part is leased or sold by the Council to the undertaker under article 3;
“the undertaker” means Steamport Southport Ltd, a company incorporated under the Companies Act 19855as a company limited by guarantee and whose registered office is at 3 Lincoln Drive, Old Roan, Liverpool L10 3LJ and following any sale, lease or underlease under article 4 the expression “the undertaker” shall mean or include the transferee within the meaning of that article.
(2) Any enactment by which the railways were authorised, including the existing enactments, shall have effect subject to the provisions of this Order.
Transfer of railways to undertaker
3.—(1) The Council may lease the railways or any part of the railways to the undertaker on such terms and conditions as may be agreed between the Council and the undertaker.
(2) The Council and the undertaker may also enter into and carry into effect agreements providing for the sale to and vesting in the undertaker of the railways or any part of the railways on such terms and conditions as may be agreed between the Council and the undertaker.
(3) Except as may be otherwise provided in this Order, as from the transfer date the railways or any part thereof shall continue to be subject to all statutory and other provisions applicable to the railways at that date (insofar as the same are still subsisting and capable of taking effect) and the undertaker shall to the exclusion of the Council be entitled to the benefit of, and to exercise, all rights, powers and privileges, and be subject to all obligations statutory or otherwise relating to the railways (insofar as the same are still subsisting and capable of taking effect) to the intent that the Council shall be released from all such obligations.
(4) Paragraph (3) shall have effect during the term of any lease granted under paragraph (1) and from the operative date of any sale under paragraph (2).
Transfer of railways by undertaker
4.—(1) In this article—
“lease” includes an underlease and “lease” where used as a verb shall be construed accordingly;
“the transferee” means any person to whom the undertaking, or any part of it, is leased or sold pursuant to this article; and
“the transferred undertaking” means so much of the railways as is leased or sold pursuant to this article.
(2) The undertaker may,...
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