The Swanage Railway Order 2014

JurisdictionUK Non-devolved
CitationSI 2014/1604
Year2014

2014No. 1604

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

The Swanage Railway Order 2014

5thJune2014

26thJune2014

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 3rd June 2014.

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 Order:âÇò

Citation and commencement

1. (1) This Order may be cited as the Swanage Railway Order 2014 and comes into force on 26th June 2014.

(2) The Swanage Light Railway Order 1987( 3) and the Swanage Light Railway (Extension) Order 1993( 4) and this Order may be cited together as the Swanage Railway Orders 1987 to 2014.

Interpretation

2. (1) In this Order-

"the Company" means the Swanage Railway Company Limited (Company No. 01412568) incorporated under the Companies Act 1948( 5) and having its registered office at The Station House, Swanage, Dorset BH19 1HB;

"lease" includes an underlease and "lease" where used as a verb is to be construed accordingly;

"Network Rail" means Network Rail Infrastructure Limited (Company registration number 02904587) whose registered office is at Kings Place, 90 York Way, London, N1 9AG and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition "associated company" means any company which is (within the meaning of section 1159 of the Companies Act 2006( 6)) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

"the railway" means the railway described in the Schedule together with all lands and works relating to it which are held by the Company or Network Rail at the date when this Order comes into force;

"the relevant date" means in relation to any part of the railway, the date upon which that part is sold or leased by any person to the Company;

"the undertaker" means the Company and following any sale or lease under article 4(transfer of railway by undertaker) this expression means or includes the transferee within the meaning of that article.

(2) Any enactments by which the construction and operation of the railway were authorised have 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 rights and obligations to undertaker, etc.

3. (1) Except as may be otherwise provided in...

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