Yorkshire Dales Light Railway Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/102 |
1997 No. 102
TRANSPORT
The Yorkshire Dales Light Railway Order 1997
Made 21th January 1997
Coming into force 22th January 1997
The Secretary of State for Transport, on the application of the Yorkshire Dales Railway Museum Trust (Holdings) Limited for an Order under the Light Railways Act 18961(hereinafter referred to as “the Act”), being satisfied in accordance with section 7 of the Act that its requirements in relation to the publication and service of notices, and consideration of objections, have been satisfied, and having considered the draft Order as required by section 9 of the Act, in exercise of powers conferred by sections 7 and 10 to 12 of the Act and now vested in him2, 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 1997 and shall come into force on 22nd January 1997.
(2) The Yorkshire Dales Light Railway Orders 1979 to 1991 and this Order may be cited together as the Yorkshire Dales Light Railway Orders 1979 to 1997.
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 Company” means Yorkshire Dales Railway Museum Trust (Holdings) Limited incorporated under the Companies Act 19483and having its registered office at Albion House, Rope Walk, Otley Street, Skipton, North Yorkshire;
“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 Order of 1987” means the Yorkshire Dales Light Railway Order 19874;
“the Order of 1991” means the Yorkshire Dales Light Railway Order 19915;
“Prior’s Bridge” means the bridge in the parish of Draughton carrying the road known as Low Lane over the former railway; and
“the railway” means the railway authorised to be constructed 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.
Incorporation and modification of enactments
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18456, so far as the same are applicable for the purposes of 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 85E (provisions with respect to mines lying under or near the railway).
(2) The following provisions shall apply to the railway:—
Regulation of Railways Act 18687
Section 22 (means of communication between passengers and railway servants);
Regulation of Railways Act 18898
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 18839shall not apply to the railway.
Power to construct and maintain railway
5. The Company may on the line and to the extent of the former railway construct and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the Act and in accordance with the provisions of this Order.
Transfer of rights, etc, from Board
6. Subject to the provisions of 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 Company 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 statutory or otherwise relating to the former railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Levels and formation of railway
7. The railway shall be laid on the same levels as, and upon the existing formation of, the former railway, except for the length of the railway between a point 25 metres to the west of the centre of Prior’s Bridge and a point 100 metres east of the centre of that bridge, where the railway shall be laid within the existing formation but at a level no more than 70 centimetres below the level of the former railway.
Provisions as to certain bridges
8.—(1) In this article,...
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