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1.—(1) This Order may be cited as the Yorkshire Dales Light Railway Order1991 and shall come into force on 25th April 1991.
(2) The Yorkshire Dales Light Railway Orders 1979 to 1987 and this Ordermay be cited together as the Yorkshire Dales Light Railway Orders 1979to 1991.
2. In this Order, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned tothem—
“the Act of 1845” means the Railways Clauses Consolidation Act 1845(1);
“the Board” means the British Railways Board;
“the former railway” means the railway or former railway of the Board described in theSchedule to this Order together with all lands and works relatingthereto;
“the Company” means the Yorkshire Dales Railway Museum Trust (Holdings) Limitedincorporated under the Companies Act 1948 (2) and having its registeredoffice at Albion House, Rope Walk, Otley Street, Skipton, NorthYorkshire;
“the Order of 1987” means the Yorkshire Dales Light Railway Order 1987((3));
“the principal Act” means the Light Railways Act 1896; and
“the railway” means the railway authorised to be constructed, made and maintainedpursuant to article 5 of this Order together with all lands and worksrelating thereto and, where any part of the said railway and worksremains uncompleted, includes the site of that part.
3.—(1) The following provisions of the Act of 1845, so far as the same areapplicable for the purposes and are not inconsistent with, or varied by,the provisions of this Order, are incorporated with, and form part of,this Order:—
Section 16 (works to be executed);
Section 61 (Company to make sufficient approaches and fences to such highways crossing on the level);
Section 68 (maintenance of gates, bridges, fences, drains, watering places);
Section 75 (penalty on persons omitting to fasten gates); and
Sections 77 to 85 (provisions with respect to mines lying under or near the railway).
(2) Notwithstanding the provisions or subsection (1) of section 12 ofthe principal Act, the following provisions shall apply to therailway:—
Regulation of Railways Act 1868(4)—
Section 22 (means of communication between passengers and railway servants);
Regulation of Railways Act 1889(5)—
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
(3) In its application to the railway, section 22 of the Regulations ofRailways Act 1868 shall have effect as if the words“and travels more than twenty miles without stopping” were omitted therefrom.
4. Section 6 (For protection of the Duke of Devonshire) of the MidlandRailway (Additional Powers) Act 1883(6)shall not apply to the railway or to the former railway.
5. The Company may on the line and to the extent of the former railwayconstruct, make and maintain a railway with all the necessary works andconveniences connected therewith and work the same as a light railwayunder the principal Act and in accordance with the provisions of thisOrder.
6.—(1) Except as may be otherwise provided in this Order, the railway orany part thereof shall be subject to all statutory and other provisionsapplicable to the former railway (insofar as the same are stillsubsisting and capable of taking effect) and the Company shall to theexclusion of the Board be entitled to the benefit of and to exercise allrights, powers and privileges and be subject to all obligationsstatutory or otherwise relating to the former railway (insofar as thesame are still subsisting and capable of taking effect) to the intentthat the Board shall be released from all such obligations.
(2) Paragraph (1) of this article shall have effect in relation to anypart of the former railway as from the date upon which such part istransferred to and vested in the Company by agreement.
7. The railway shall be laid on the same levels as, and within theexisting formation of, the former railway with the exception of thesection between the occupation bridge No.30 and the termination of therailway, where the railway shall be laid within the existing formationbut at a maximum level of 60 centimetres above the former railway.
8. The railway shall be constructed and operated on a nominal gauge of1.435 metres (4 feet 8½ inches) and the motive power shall be steam,diesel-electric, diesel, internal combustion, electric-battery or suchother motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company touse electrical power as motive power on the railway unless such power isobtained from storage batteries or from a source of generation entirelycontained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunicationsapparatus (as defined in Schedule 2 to the Telecommunications Act 1984(7)) or with telecommunication by means of such apparatus.
9.—(1) The Company shall not use upon the railway any engine, carriage ortruck bringing any weight upon the rails by any one pair of wheelsexceeding such weight as the Secretary of State may allow.
(2) The Company shall not run any train or engine upon any part of therailway at a rate of speed exceeding at any time that fixed by theSecretary of State for such part.
(3) No part of the railway shall be used for the conveyance ofpassengers without the prior written permission of the Secretary ofState and the Company shall comply with the conditions (if any) whichthe Secretary of State may from time to time prescribe for the safety ofthe public using the railway.
(4) If the Company contravene any of the provisions of this article,they shall be liable on summary conviction to a fine not exceeding level2 on the standard scale.
10.—(1) In this article—
“insurer” means any insurer or insurers authorised under the InsuranceCompanies Act 1982 (8) to carry on in the United Kingdom insurance businessof a relevant class or who has corresponding permission under the law ofanother member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximumcover in respect of any one accident on or occasioned by the operationof the railway of not less than £1 million.
(2) (a) The Company shall not work the railway unless there is inforce a policy in accordance with the provisions of this article.
(b)If the Company contravene the provisions of this article they shallbe liable on summary conviction to a fine not exceeding the statutorymaximum or, on conviction on indictment, to a fine.
(3) The adequacy of the cover provided by a policy maintained inaccordance with this article shall be regularly reviewed by the Company.
11.—(1) Article 12 (For protection of Trustees of Chatsworth Settlement) ofthe Order of 1987 shall apply to the railway as it applies to therailway authorised by and defined in that Order.
(2) The provisions of the said article 12, as so applied, shall haveeffect as if for references to the date of the coming into operation ofthe Order of 1987 there were substituted references to the date of thecoming into force of this Order.
12. For the protection of sewerage undertakers (in this article referredto as“the undertakers”) the following provisions shall, unless otherwise agreed in writingbetween the Company and the undertaker concerned, apply and haveeffect:—
(1) In this article,“relevant pipe” in relation to an undertaker has the meaning given in paragraph 1of Schedule 19 to the Water Act 1989(9).
(2) Nothing in section 18 of the Act of 1845 in its application to therailway shall authorise the Company to raise, sink or otherwise alterthe position of, or in any way to interfere with, any relevant pipewithout the consent in writing of the undertaker concerned, such consentnot to be unreasonably withheld.
(3) Subject to paragraph below, where any relevant pipe is situated inor under any land owned or held for the purposes of the railway theCompany shall at their own expense maintain all culverts over suchrelevant pipe which are in existence at the coming into force of thisOrder so as to leave the relevant pipe accessible for the purposes ofrepairs.
(4) Nothing in paragraph (3) above shall have the effect of requiringthe Company to carry out works of maintenance in respect of any culvertwhich the undertakers or any other person are liable to maintain.
(5) The Company shall afford reasonable facilities to the undertakersfor the execution and doing of all such works and things as may bereasonably necessary to enable them to inspect, repair, maintain, renew,replace, remove, alter or use any relevant pipe.
(6) The Company shall compensate the undertakers:—
(a)for any damage done or disturbance caused to any relevant pipe; and
(b)for any other expenses, loss, damage, penalty or costs incurred bythe undertakers,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the Company of the powers of this Order;
Provided that nothing in this paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents.
(7) Nothing in this Order shall prejudice or affect the provisions ofany enactment or agreement regulating the relations between the Companyand the undertakers with regard to any relevant pipe laid or erected inthe railway at the date upon which this Order comes into force.
(8) Subject to paragraph (7) above the provisions of the Act of 1845applied by this Order shall be subject to the provisions of thisarticle.
(9) Any difference arising between the Company and the undertakers underthis article shall be referred to and settled by arbitration.
13. Where under any provision of this Order any difference is to bereferred to or settled by arbitration, then such difference shall bereferred to and settled by a single arbitrator to be agreed between theparties or, failing agreement, to be appointed on the application ofeither party (after notice in writing to the other) by the President ofthe Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
24th April 1991