3.—(1) Subject to paragraph (5) below, section 16 (Works to be executed), sections 18 to 23 (Protection of gas and water mains) and section 87 (Company empowered to contract with other companies) of the Railways Clauses Consolidation Act 1845(1) are incorporated with and form part of this Order, so far as the same are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, and this Order shall be the special Act for the purposes of the incorporated provisions.
(2) Subject to the provisions of this Order such of the enactments set out in the Second Schedule to the principal Act as are still in force, except section 22 of the Regulation of Railways Act 1868(2) (means of communication between passengers and the Company’s servants to be provided) and sections 1 and 5 of the Regulation of Railways Act 1889(3) (power to order certain provisions to be made for public safety and penalty for avoiding payment of fare), shall not apply to the railway.
(3) In its application to the railway the said 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 foregoing provisions of this article, sections 116 to 118 of the Transport Act 1968 shall apply to Railway No.1 as if references in those sections to the Board were references to the Company.
(5) In respect of Railway No.2, only so much of section 16 of the said Act of 1845 shall be incorporated with and form part of this Order as authorises the Company to repair or discontinue the said Railway No.2.