Light Railways Act 1896

11 Provisions which may be made by the order. E+W+S

An order under this Act may contain provisions consistent with this Act for all or any of the following purposes:—

(a) the incorporation, subject to such exceptions and variations as may be mentioned in the order, of all or any of the provisions of the Clauses Acts as defined by this Act. Provided that where it appears to the Board of Trade that variations of the Lands Clauses Acts are required by the special circumstances of the case, the Board of Trade shall make a special report to Parliament on the subject, and that nothing in this section shall authorise any variation of the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement; and

(b) the application, if and so far as may be considered necessary, of any of the enactments mentioned in the Second Schedule to this Act (being enactments imposing obligations on railway companies with respect to the safety of the public and other matters); and

[F1 (c) giving the necessary powers for constructing and working the railway and any works incidental thereto, including power to make agreements with any railway or other company, or any authority, person, or body of persons, for the purpose; and

(d) giving any railway or any other company or any authority, person, or body of persons any power required for carrying the order into effect; and]

(e) the constitution as a body corporate of a company for the purpose of carrying out the objects of the order; and

(f) the representation on the managing body of the railway of any council who advance, or agree to advance, any money for the purpose of the railway; and

(g) authorising a council to advance or borrow money for the purposes of the railway and limiting the amount to be so advanced or borrowed, and regulating the terms on which any money is to be so advanced or borrowed; and

(h) the manner in which the profits are to be divided, where an advance is made by a council to a light railway company as part of the share capital of the company; and

(i) the proper audit of the accounts of the managing body of the railway where the managing body is not a local authority and the time within which the railway must be constructed; and

(j) . . . F2

[F3 (k) In the case of a new company, requiring the company to make a deposit with the Accountant General of the Supreme Court, and providing for the time of making and the application of the deposit and for its being laid out at interest, invested by the Accountant General in securities or transferred to one of the funds established by schemes made under [F4 section 42 of the Administration of Justice Act 1982];]

(l) empowering any local authority to acquire the railway; [F5 or, except in the case of a railway of the nature of a tramway, empowering a railway company to acquire the railway]; and

(m) any other matters, whether similar to the above or not, which may be considered ancillary to the objects of the order or expedient for carrying those objects into effect.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 11(c)(d) substituted by Light Railways Act 1912 (c. 19), s. 5(3)

F2 S. 11(j) repealed by Statute Law Revision Act 1960 (c. 56)

F3 S. 11(k) substituted by Administration of Justice Act 1965 (c. 2), Sch. 1

F4 Words substituted by Administration of Justice Act 1982 (c. 53, SIF 34, 37, 38), s. 46(2)(b)(i)

F5 Words inserted by Railways Act 1921 (c. 55), s. 73(1)

Modifications etc. (not altering text)

C1 S. 11(f)-(h) extended by Railway Act 1921 (c. 55), s. 71(3)