Yorkshire Dales Light Railway Order 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1088 |
1987 No. 1088
TRANSPORT
The Yorkshire Dales Light Railway Order 1987
Made 23th June 1987
Coming into force 24th June 1987
The Secretary of State for Transport, on the application of Tilcon Holdings Limited, and the Yorkshire Dales Railway Museum Trust (Holdings) Limited, and in exercise of powers conferred by sections 7, and 9 to 12, of the Light Railways Act 18961, as amended by the Light Railways Act 19122, and Part V of the Railways Act 19213, and now vested in him4, and of all other powers enabling him in that behalf, hereby makes the following Order—
Citation and commencement
1.—(1) This Order may be cited as the Yorkshire Dales Light Railway Order 1987 and shall come into force on 24th June 1987.
(2) The Yorkshire Dales Light Railway Orders 19795and 19836and this Order may be cited together as the Yorkshire Dales Light Railway Orders 1979 to 1987.
Interpretation
2. In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—
“the Board” means the British Railways Board;
“the former railway” means the railway or former railway of the Board described in the Schedule to this Order together with all lands and works relating thereto;
“the lease” means any lease granted under paragraph (1) of article 7 (Sale or lease of railway to Railway Company) of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“the operators” means Tilcon Holdings Limited;
Provided that—
(a) during the currency of the lease and subject to the terms thereof “the operators” in respect of so much of the railway as is so demised shall include the Railway Company; and
(b) if the freehold of any part of the railway is at any time vested in the Railway Company pursuant to article 7 of this Order “the operators”, in respect of so much of the railway as is so vested, shall thereafter mean the Railway Company and not Tilcon Holdings Limited;
“the principal Act” means the Light Railways Acts 1896 and 1912, as amended by the Railways Act 1921;
“the railway” means the railway authorised to be constructed, made and maintained pursuant to article 5 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part;
“the Railway Company” means the Yorkshire Dales Railway Museum Trust (Holdings) Limited incorporated under the Companies Act 1948 and having its registered office at Albion House, Rope Walk, Otley Street, Skipton, North Yorkshire; and
“Tilcon Holdings Limited” means the company of that name (originally known as A. Braithwaite & Co. Limited and incorporated under the Companies Acts 1908 to 1917) having its registered office at Conyngham Hall, Knaresborough, North Yorkshire.
Incorporation and modification of enactments
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18457, so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order—
Section 16 (works to be executed);
Section 61 (Company to make sufficient approaches and fences to such highways crossing on the level);
Section 68 (maintenance of gates, bridges, fences, drains, watering places);
Section 75 (penalty on persons omitting to fasten gates); and
Sections 77 to 85 (provisions with respect to mines lying under or near the railway).
(2) Notwithstanding the provisions of subsection (1) of section 12 of the Light Railways Act 1896, the following provisions shall apply to the railway—
Regulation of Railways Act 18688—
Section 22 (means of communication between passengers and railway servants);
Regulation of Railways Act 18899—
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
(3) In its application to the railway, section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Disapplication of provisions
4. Section 6 (For protection of the Duke of Devonshire) of the Midland Railway (Additional Powers) Act 188310, shall not apply to the railway or to the former railway.
Power to make railway
5. The operators may on the line of the former railway construct, make and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
Transfer of rights, etc. from Board
6. Except as may be otherwise provided in this Order, the railway or any part thereof shall be subject to all statutory and other provisions applicable to the former railway (insofar as the same are still subsisting and capable of taking effect) and the operators shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations...
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