Welsh Highland Railway Order 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/2129 |
| Year | 1999 |
1999 No. 2129
TRANSPORT AND WORKS
TRANSPORT
The Welsh Highland Railway Order 1999
Made 30th June 1999
Coming into force 21th July 1999
Whereas an application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under sections 6, 7 and 10 of the Transport and Works Act 19922(“the Act”), for an Order under sections 1 and 5 of that Act;
And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the Act;
And whereas the Secretary of State, having considered the report of the person who held the inquiry, 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 the Secretary of State is satisfied that as respects the stopping up of the parts of the footpaths and bridleway mentioned in article 18 of the Order an alternative right of way has been or will be provided;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 29th June 1999;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1, 2, 3, 4, 7, 8, 11, 12, 13, 15, 16 and 17 of Schedule 1 to, the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
PART I
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Welsh Highland Railway Order 1999 and shall come into force on 21st July 1999.
(2) The Welsh Highland Railway (Light Railway) Orders 19223and 19234, the Welsh Highland Railway (Transfer) Light Railway Order 19955and this Order may be cited together as the Welsh Highland Railway Orders 1922 to 1999.
Interpretation
2.—(1) In this Order—
“the 1922 and 1923 Orders” means the Welsh Highland Railway (Light Railway) Order 1922 and the Welsh Highland Railway (Light Railway Order) 1923;
“the Act of 1832” means the Festiniog Railway Act 18326;
“the Act of 1845” means the Railways Clauses Consolidation Act 18457;
“the Act of 1965” means the Compulsory Purchase Act 19658;
“the Act of 1984” means the Road Traffic Regulation Act 19849;
“the Act of 1991” means the New Roads and Street Works Act 199910;
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 199211;
“the authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as the book of reference for the purposes of this Order;
“the Caernarfon railway” means the railway authorised by the Caernarfon Railway Light Railway Order 199712;
“the deposited plans” means the plans described in rule 7(1)(a) and 7(3) of the Applications Rules deposited in respect of the application for this Order with the Secretary of State and certified by the Secretary of State as the deposited plans for the purposes of this Order;
“the deposited sections” means the sections described in rule 7(2) of the Applications Rules deposited in respect of the application for this Order and certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the Festiniog Order” means the Festiniog Railway (Light Railway) Order 192313;
“the Festiniog Railway” is the railway authorised by the Act of 1832;
“the former railway” means the railway authorised by the 1922 and 1923 Orders;
“highway” and “highway authority” have the same meaning as in the Highways Act 198014;
“the limits of deviation” means the lines marked “Limit of deviation” shown on the deposited plans;
“the Llyn Bach deviation” is that part of Work No. 3 which is located alongside the western side of Llyn Bach between Snowdon Street and the Britannia Bridge in Porthmadog;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and cognate expressions shall be construed accordingly;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the railway” means Work No. 1, Work No. 1b, Work No. 1d, Work No. 1f, Work No. 2 and Work No. 3 authorised to be constructed and maintained under the terms of this Order and described in Schedule 1 to this Order, or any of them (as the case may require), together with all lands and works relating thereto, and where any part of the said works remain uncompleted, the expression includes the site of that part;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the Act of 1991;
“the undertaker” means The Festiniog Railway Company, whose registered office is at Harbour Station, Porthmadog, Gwynedd LL49 9NF.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
(3) References in this Order to Work No. 1, Work No. 1b, Work No. 1d, Work No. 1f, Work No. 2 or Work No. 3 are references to those numbered works as specified in Schedule 1 to this Order.
Incorporation and exclusion of Acts
3.—(1) The following provisions of the Act of 1845 shall be incorporated in this Order—
section 24 (obstructing construction of railway);
section 47 (provision in cases where roads are crossed on the level);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 192315;
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
(2) In those provisions, as incorporated in this Order—
“the company” means the undertaker;
“goods” includes any thing conveyed on the railway;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means Works Nos. 1 to 3 authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;
“the special Act” means this Order; and
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on the railway.
(3) In its application to the railway, section 24 of the Act of 1845 shall have effect as if the maximum fine which may be imposed on summary conviction of an offence under that section were, instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.
(4) The provisions of the Regulation of Railways Acts 1840 to 1893, except the provisions of the Regulation of Railways Act 187116, shall not apply in relation to Work No. 3.
(5) The provisions of the Highway (Railway Crossings) Act 183917shall not apply in relation to Work No. 3.
(6) Nothing in this article shall be taken as affecting the application to Work No. 3 of sections 32 to 34 of the Offences Against the Person Act 186118.
PART II
WORKS PROVISIONS
Power to construct and maintain works
4.—(1) The undertaker may construct and maintain the scheduled works.
(2) Subject to article 6 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(3) Subject to paragraph (6) below, the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway, namely—
(a)
(a) works to alter the position of apparatus, including mains, sewers, drains and cables;
(b)
(b) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
(c)
(c) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works; and
(d)
(d) works for the benefit or protection of premises affected by the scheduled works.
(4) Subject to paragraph (7) below, the undertaker may carry out and maintain such of the works required for, or in connection with, the control of traffic on Work No. 3 as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of Work No. 3.
(5) Subject to paragraph (6) below, the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence...
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