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The Bodmin and Wenford Light Railway Order 1996

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Incorporation and modification of enactments

3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(1) shall be incorporated in this Order—

  • section 16 (works to be executed);

  • section 24 (penalty for obstructing construction of railway);

  • section 58 (company to repair roads used by them);

  • 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);

  • sections 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 (penalty on persons omitting to fasten gates);

  • sections 77 to 85E (provisions with respect to mines lying under or near the railway);

  • section 105 (carriage of dangerous goods on railway);

  • section 145 (penalties to be summarily recovered before two justices); and

  • section 154 (transient offenders).

(2) The following provisions of the Railways Clauses Act 1863(2) shall be incorporated in this Order—

  • section 5 (trains not to be shunted, etc. over level crossings);

  • section 12 (signals, watchmen, etc.).

(3) This Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.

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