The Wirral Tramway Order 1999

Application of enactments relating to railways

3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(1) shall be incorporated in this Order but shall apply only in relation to the authorised tramroads–

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

• 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).

(2) In those provisions, as incorporated in this Order–

“the company” means the undertaker;

“the railway” means the authorised tramroads and, except where the context otherwise requires, any authorised works ancillary to the authorised tramroads;

“the special Act” means this Order.

(3) The provisions of the Regulation of Railways Act 1840 to 1893, except the provisions of the Regulation of Railways Act 1871(2), shall not apply in relation to the authorised tramway.

(4) The provisions of the Highway (Railway Crossings) Act 1839(3) shall not apply in relation to the authorised tramway.

(5) Nothing in this article shall be taken as affecting the application to the authorised tramroads of sections 32 to 34 of the Offences Against the Person Act 1861(4).

(1)

1845 c. 20.

(2)

1871 c. 78.

(3)

1839 c. 45.

(4)

1861 c. 100.