Yorkshire Dales Light Railway Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1111 |
1991 No. 1111
TRANSPORT
The Yorkshire Dales Light Railway Order 1991
Made 24th April 1991
Coming into force 25th April 1991
The Secretary of State for Transport, on the application of theYorkshire Dales Railway Museum Trust (Holdings) Limited, and in exerciseof powers conferred by sections 7, and 9 to 12, of the Light RailwaysAct 18961, 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 Order1991 and shall come into force on 25th April 1991.
(2) The Yorkshire Dales Light Railway Orders 1979 to 1987 and this Ordermay be cited together as the Yorkshire Dales Light Railway Orders 1979to 1991.
Interpretation
2. In this Order, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned tothem—
“the Act of 1845” means the Railways Clauses Consolidation Act 18453;
“the Board” means the British Railways Board;
“the former railway” means the railway or former railway of the Board described in theSchedule to this Order together with all lands and works relatingthereto;
“the Company” means the Yorkshire Dales Railway Museum Trust (Holdings) Limitedincorporated under the Companies Act 19484and having its registeredoffice at Albion House, Rope Walk, Otley Street, Skipton, NorthYorkshire;
“the Order of 1987” means the Yorkshire Dales Light Railway Order 1987(5);
“the principal Act” means the Light Railways Act 1896; and
“the railway” means the railway authorised to be constructed, made and maintainedpursuant to article 5 of this Order together with all lands and worksrelating thereto and, where any part of the said railway and worksremains uncompleted, includes the site of that part.
Incorporation and modification of enactments
3.—(1) The following provisions of the Act of 1845, so far as the same areapplicable 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 or subsection (1) of section 12 ofthe principal Act, the following provisions shall apply to therailway:—
Regulation of Railways Act 18686—
Section 22 (means of communication between passengers and railway servants);
Regulation of Railways Act 18897—
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 Regulations ofRailways 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 MidlandRailway (Additional Powers) Act 18838shall not apply to the railway or to the former railway.
Power to make railway
5. The Company may on the line and to the extent of the former railwayconstruct, make and maintain a railway with all the necessary works andconveniences connected therewith and work the same as a light railwayunder the principal Act and in accordance with the provisions of thisOrder.
Transfer of rights, etc from Board
6.—(1) Except as may be otherwise provided in this Order, the railway orany part thereof shall be subject to all statutory and other provisionsapplicable to the former railway (insofar as the same are stillsubsisting and capable of taking effect) and the Company shall to theexclusion of the Board be entitled to the benefit of and to exercise allrights, powers and privileges and be subject to all obligationsstatutory or otherwise relating to the former railway (insofar as thesame are still subsisting and capable of taking effect) to the intentthat the Board shall be released from all such obligations.
(2) Paragraph (1) of this article shall have effect in relation to anypart of the former railway as from the date upon which such part istransferred to and vested in the Company by agreement.
As to levels and formation of railway
7. The railway shall be laid on the same levels as, and within theexisting formation of, the former railway with the exception of thesection between the occupation bridge No.30 and the termination of therailway, where the railway shall be laid within the existing formationbut at a maximum level of 60 centimetres above the former railway.
Gauge of railway and motive power
8. The railway shall be constructed and operated on a nominal gauge of1.435 metres (4 feet 8½ inches) and the motive power shall be steam,diesel-electric, diesel, internal combustion, electric-battery or suchother motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company touse electrical power as motive...
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