Regulation of Railways Act 1871

[F1 Preliminary U.K.

Textual Amendments

F1 Act repealed (E.W.S.) (10.5.1997) by S.I. 1997/553, reg. 12(1), Sch. Pt. I

1 Construction of Act and short title. U.K.

This Act so far as is consistent with the tenor thereof shall be construed as one with the Acts mentioned in Schedule Two to this Act and with the M1 Regulation of Railways Act 1868 and those Acts and this Act may be cited together as “The Regulation of Railways Acts 1840 to 1871”; and this Act and each of the Acts mentioned in Schedule Two to this Act may be cited as “The Regulation of Railways Act” of the year in which it was passed.

Marginal Citations

M1 1868 c. 119.

2 Interpretation of terms. U.K.

In this Act—

• The term “railway” means the whole or any portion of a railway or tramway, whether worked by steam or otherwise, which has been authorized by any special Act of Parliament [F2 the Channel Tunnel Act 1987] or by any certificate under Act of Parliament:

• The term “company” means a company incorporated either before or after the passing of this Act [F3 (a)] for the purpose of constructing, maintaining, or working a railway in the United Kingdom (either alone or in conjunction with any other purpose) [F4 , or (b) which works a railway, or operates a station or a train, in the United Kingdom], and includes, except when otherwise expressed, any indidual or individuals not incorporated [F5 who work a railway, or operate a station or train, in the United Kingdom or who are owners or lessees of a railway or station in the United Kingdom or parties to an agreement for working a railway or operating a station or train in the United Kingdom]:

• The term “person” includes a body corporate:

• [F6 The term “court of summary jurisdiction” means any justices of the peace, F7 . . . stipendiary magistrate, [F8 sheriff principal, sheriff], or other magistrate, or officer by whatever name called, who is capable of exercising jurisdiction in summary proceedings for the recovery of penalties.]

• [F9 The term “relevant transport system” has the meaning assigned to it by regulation 2 of the Reporting of Injuries, Diseases and Dangerous Occurences Regulations 1995.]]

Textual Amendments

F2 Words inserted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 43, 45, Sch. 6 para. 1, Sch. 7 Pt. VI para. 2 (by s. 43 it is provided that Sch. 6 to that 1987 Act shall have effect for making miscellaneous provisions about the application of railway regulation enactments in relation to the tunnel system, the concessionaires and certain other persons operating services by way of the tunnel system)

F3 Word in s. 2 inserted (1.10.1994) by S.I. 1994/2229, art. 2(1), Sch. para. (a)(i)

F4 Words in s. 2 substituted (1.10.1994) by virtue of S.I. 1994/2229, art. 2(1), Sch. para. (a)(ii)

F5 Words in s. 2 substituted (1.10.1994) by S.I. 1994/2229, art. 2(1), Sch. para. (a)(iii)

F6 Definition repealed (N.I.) by Northern Ireland Act 1962 (c. 30), Sch. 4 Pt. IV

F7 S. 2: words in definition of “court of summary jurisdiction” repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(c)

F8 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

F9 Words in s. 2 added (E.W.S.) (1.4.1996) by S.I. 1995/3163, reg. 14(2)

Modifications etc. (not altering text)

C1 S. 2: definition of “railway” extended (18.12.1996) by 1996 c. 61, s. 20, Sch. 9 Pt. II para. 5