Where any tramway has been constructed by the Secretary of State along a road in any district, the local authority of such district or any person (herein-after referred to as the promoters) may apply to the Board of Trade for a Provisional Order authorising the promoters to use such tramways in addition to the Secretary of State, in the same manner and subject to the same conditions so far as the same, are applicable as if the promoters were applying for a Provisional Order authorising the construction of tramways under the provisions of the Tramways Act, 1870, and the said provisions shall apply accordingly: Provided always, that the promoters shall give to the Secretary of State such notice of the application, or intended application, as may be prescribed.
The Board of Trade may on such application settle and make a Provisional Order authorising the promoters to use such tramways on such payment and subject to such conditions as to the maintenance and repair of the tramway and road or otherwise as to the Board of Trade may seem expedient, and the provisions of the Tramways Act, 1870, shall, so far as the same are applicable and except where the same are expressly varied by the Provisional Order, apply to the Provisional Order and the tramways thereby authorised to be used.
If the Secretary of State so desires, the Board of Trade, in lieu of providing by such Provisional Order for the user of the tramways by the promoters, shall by such Provisional Order provide for the sale of the tramways by the Secretary of State to the promoters in such manner and subject to such conditions as to the user of the tramways by the Secretary of State and otherwise as may seem expedient to the Board of Trade.