Railways Clauses Act 1863
1863 c.92
An Act for consolidating in One Act certain Provisions frequently inserted in Acts relating to Railways.
C1M1M2C63Whereas the Railways Clauses Consolidation Act 1845 and the Railways Clauses Consolidation (Scotland) Act 1845, respectively, were passed in order to comprise in one general Act such provisions relating to railways in England or Ireland, or in Scotland, respectively, as were at the times of the passing of those Acts usually introduced into Acts of Parliament authorizing the construction of railways:
And whereas sundry provisions of the like nature, but not comprised in the said general Acts respectively, are now frequently introduced into Acts of Parliament relating to railways; and it is expedient to comprise such last-mentioned provisions also in one general Act, such Act to be applicable to England or Ireland, or to Scotland, as the case may require, and that as well for the purpose of avoiding the necessity of repeating such provisions in special Acts relating to railways, as for ensuring greater uniformity in the provisions themselves:
Act incorporated in part (S.) (24.7.2006) by Waverley Railway (Scotland) Act 2006 (asp 13), s. 52 (with ss. 50(2), 51)
1 Short title
This Act may be cited as “The Railways Clauses Act 1863.”
2 Division of Act into parts.
This Act shall be deemed to be divided into five parts, as follows:
Part I relating to construction of a railway;
Part II relating to extension of time;
Part III relating to working agreements;
Part IV relating to steam vessels;
Part V relating to amalgamation.
C23C24C25C26C27C28C29C33C36C39 Part I Construction of a Railway
Part I, except ss. 13-19, incorporated by Heathrow Express Railway Act 1991 (c. vii), s. 3(1)(b)
Part I, except ss. 13-19, incorporated (with modifications) by London Underground (Safety Measures) Act 1991 (c. xviii), s. 3(1)(c)
Part I, except ss. 13, 14, 18, 19, incorporated by London Docklands Railway Act 1991 (c. xxiii), s. 3(1)(c)
Pt. I (ss. 3-19), except ss. 13-19, incorporated (with modifications) (13.2.1992) by British Railways Act 1992 (c. i), s. 3(1)(b)(2).
Pt. I (ss. 3-19), except ss. 13, 14, 18, 19, incorporated (with modifications) (16.3.1992) by London Underground Act 1992 (c. iii), s. 3(1)(c)(2).
Pt. I (ss. 3-19), except ss. 14-17, incorporated (with modifications) (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), s. 3(1)(b)(2)(a).
Pt. I (ss. 3-19), except ss. 13-19, incorporated (with modifications) (29.3.1993) by 1993 c. iv, s. 3(1)(2)
Pt.I, except ss. 13, 14, 18 and 19 thereof, incorporated (27.5.1993) by 1993 c. vii, s. 3(1)(c)(2)
Pt. I, except ss. 13, 14, 18, 19 thereof, incorporated (with modifications) (24.3.1994) by 1994 c. i, s. 3(1)(c)(2)(a) (with ss. 29, 30, 34(2)(15))
Pt. I, (ss. 1-19) incorporated (with modifications) (18.12.1996) by 1996 c. 61, s. 20, Sch. 9 Pt. I para. 2
Pt. I, except ss. 13, 14, 18, 19 thereof, incorporated (with modifications) (24.3.1994) by 1994 c. ii, s. 3(1)(c)(2)(a) (with ss. 25, 27(5))
Pt. I, except ss. 13, 14, 18, 19 thereof, incorporated (with modifications) (24.3.1994) by 1994 c. iii, s. 3(1)(c)(2)(a) (with ss. 27, 29)
Pt. I, except ss. 13, 14, 18, 19, thereof, incorporated (with modifications) (31.3.1994) by 1994 c. iv, s. 3(1)(b)(2)(a) (with s. 28)
Pt. I incorporated (S.) (11.8.2004) by Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004 (asp 10), s. 37(1)(c) (with s. 33)
Pt. I incorporated in part (S.) (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 47 (with s. 50)
Pt. I incorporated in part (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 11 para. 4
C23 Application of Part I, and interpretation of terms.
This part of this Act shall apply to the railway authorized to be constructed by any special Act hereafter passed and incorporating this part of this Act.
In this part of this Act—
All terms used have the same meanings as the same terms have when used in the M3Railways Clauses Consolidation Act 1845, and the M4Railways Clauses Consolidation (Scotland) Act 1845, respectively:
The term “tidal river” means any part of a river within the flow and ebb of the tide at ordinary spring tides:
The term “tidal water” means any part of the sea or any part of a river within the flow and ebb of the tide at ordinary spring tides:
The term “tidal lands” means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides.
The provisions respecting the recovery of penalties contained in the said Railways Clauses Consolidation Acts respectively, as the case may require, shall be incorporated with this part of this Act.
Alteration of Engineering Works
C4C5C694 Power to alter engineering works. C3
Notwithstanding anything in the said Railways Clauses Consolidation Acts, respectively contained, the company, in the construction of the railway may deviate from the line or level of any arch, tunnel or viaduct, described on the deposited plans or sections, so as the deviation be made within the limits of deviation shown on those plans, and subject to the limitations contained in sections eleven, twelve, and fifteen of those Acts respectively, and so as the nature of the work described be not altered, and may also substitute any engineering work not shown on the deposited plans or sections, for an arch, tunnel, or viaduct, as shown thereon; provided, that every such substitution be authorized by a certificate of the Board of Trade; and the Board of Trade may grant such certificate in case it appears to them, on due inquiry, that the company has acted in the matter with good faith, and that the owners, lessees, and occupiers of the lands in which the substitution is intended to be made consent thereto, and also that the safety and convenience of the public will not be diminished thereby.
Provided, that nothing in the present section shall affect any power given to the company or to the Board of Trade by section eleven, twelve, fourteen, or fifteen of the last-mentioned Acts respectively.
Level Crossings
C6C7C35C40C45C47C53C56C765 Trains not to be shunted over level crossings.
Where the company is authorized by the special Act to carry the railway across a turnpike road or public carriage road on a level, it shall not be lawful for the company in shunting trains to pass any train over the level crossing, or at any time to allow any train, engine, carriage or truck to stand across the same.
C9F1C10C33C34C44C45C51C60C61C65C67C66C746C33 Company to erect lodge at point of crossing. C8
For the greater convenience and security of the public, the company shall erect and permanently maintain a lodge at the point where the railway crosses on the level the turnpike road or public carriage road; and the company shall be subject to and shall abide by all such regulations with regard to the crossing thereof on the level, or with regard to the speed at which trains may pass the level crossing, as may from time to time be made by the Board of Trade.
If the company fails to erect, or to maintain, such lodge, or to appoint or keep a proper person to watch or superintend the level crossing, or to observe or abide by any such regulation as aforesaid, they shall for every such offence be liable to a penalty not exceeding F2£50, and also to a penalty of ten pounds for every day during which the offence continues after the penalty of F2£50 is incurred.
C12C13C41C45C48C54C57C777 Board of Trade may require bridge instead of level crossing. C11
The Board of Trade may, if it appears to them necessary for the public safety, at any time after the passing of the special Act, require the company, within such time as the Board of Trade directs, and at the expense of the company, to carry the turnpike road or public carriage road either under or over the railway by means of a bridge or arch, instead of crossing the same on the level, or to execute such other works as, under the circumstances of the case, may appear to the Board of Trade best adapted for removing or diminishing the danger arising from the level crossing.
Where the road is so carried either under or over the railway, it shall not be necessary for the company to erect or maintain a lodge at the point where the road is crossed, or to appoint a person to watch or superintend the crossing thereat, nor shall they be liable to any penalty for failure so to do.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Junctions
C14C15C32C37C38C42C43C46C49C50C52C55C58C59C62C64C68C70C71C72C73C75C78C7912 As to expense of signals, watchmen, &c.
The company or person with whose railway the junction is made may from time to time erect such signals and conveniences incident to the junction, either on their or his own lands or on the lands of the company making the junction, and may from time to time appoint and remove such watchmen, switchmen, or other persons, as may be necessary for the prevention of danger to or interference with the traffic at and near the junction. The working and management of such signals and conveniences, wherever situated, shall be under the exclusive regulation of the company or person with whose railway the junction is made; and all the expenses of erecting and maintaining those signals and conveniences, and of employing those watchmen, switchmen, and other persons, and all incidental current expenses, shall, at the end of every half year, be repaid by the company making the junction, and in default thereof may be recovered from them in any court of competent jurisdiction.
C30Part II Extension of Time
Pt. II (ss. 20, 21) incorporated (with modifications) (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), s. 3(1)(b)(2)(a).
20 Parties aggrieved by extension of time may have compensation for additional damage.
Where a railway is authorized to be constructed by a special Act passed either before or after the passing of this Act, and the time limited by the special Act for the exercise of powers of compulsory purchase of lands, or of powers for construction of the railway and works, is extended by a special Act hereafter passed and incorporating this part of this Act,—then and in every such case the justices, arbitrators, umpires, or juries, as the case may be, who award or assess the compensation to be made by the company to the owners or occupiers of, or other persons interested in, lands taken or used for the purposes of the railway and works, or injuriously affected by the construction thereof, shall, in estimating the amount of such compensation, have regard to, and assess compensation for, the additional damage (if any) sustained by those owners, occupiers, or other persons, by reason of the extension of time.
21 Existing contracts and notices to take lands not to be affected.
The extension of time shall not affect any contract entered into or notice given by the company before the passing of the special Act granting the extension, for purchasing, taking, or using any lands which the company was entitled to purchase, take, or use; but every such contract and notice shall be construed and take effect, and the same proceedings may be had thereunder, and all parties thereto shall be entitled to the same rights and remedies in respect thereof, at law and in equity, as if the extension had not been granted.
Part III
22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Part IV Steam Vessels
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
33 Recovery of money by distress. C31
All tolls and charges for the steam vessels due and payable to the company on any account whatsoever, and all costs, damages, and expenses by the special Act directed to be paid in respect of the steam vessels, may be levied by distress; and in England or Ireland any justice, and in Scotland the sheriff, may, on application by or on behalf of the company, issue his warrant accordingly.
The justice or sheriff who issues the warrant of distress may order that the costs of the proceedings for the recovery of the toll or sum shall be paid by the person liable to pay the toll or sum; and the costs shall be ascertained by the justice or sheriff, and shall be included in the warrant of distress for the recovery of the toll or sum.
F10In this section as it applies in England and Wales—
a
for “levied by distress” substitute “
recovered using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)
”
;
b
for “warrant of distress” substitute “
warrant of control
”
.
34 Several names in one warrant.
Any number of names and sums may be included in any warrant of distress or notice obtained or given by the company for any of the purposes of this part of this Act, or of the provisions of the special Act with respect to the steam vessels, and may be stated either in the body of the warrant or notice, or in a schedule thereto.
F11In this section as it applies in England and Wales for “warrant of distress” substitute
warrant of control
This Act is not necessarily in the form in which it has effect in Northern Ireland