Incorporation and application of enactments
3. (1) The following provisions of the Railways Clauses Consolidation Act 1845(1), so far as the same are applicable 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);
sections 18 to 23 (protection of gas and water mains);
section 46 (crossing of roads–level crossings);
section 47 (provision in cases where roads are crossed on a level);
section 49 (construction of bridges carrying railway over roads);
section 50 (construction of bridges carrying roads over railway);
section 51 (the width of the bridges need not exceed the width of the existing roads in certain cases), other than the proviso;
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):
(a)the said section 20, as so incorporated, shall have effect as though for the words “eighteen inches” there were substituted the words “three feet”;
(b)notwithstanding anything in the said section 46, as so incorporated, or in any other enactment the Company may carry the Company’s railway across and on the level of any highway, other than a public carriage road, without obtaining the consent of two or more justices.
(2) Notwithstanding the provisions of subsection (1) of section 12 of the principal Act, the following enactments shall apply to the Company’s railway:–
Regulation of Railways Act 1868(2)–
Section 22 (means of communication between passengers and the Company’s servants to be provided);
Regulation of Railways Act 1889(3)–
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 Company’s railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
(4) Without prejudice to the generality of the foregoing, sections 116, 117 and 118 of the Transport Act 1968 shall apply to the Company’s railway as if references therein to the Board were references to the Company.