The British Railways (Marylebone Diesel Depot) Order 1995

Statutory Instruments

1995 No. 1228

TRANSPORT AND WORKS

TRANSPORT

The British Railways (Marylebone Diesel Depot) Order 1995

Made

1st May 1995

Coming into force

22nd May 1995

The Secretary of State for Transport, on application made to him in accordance with the Transport and Works (Applications and Objections Procedure) Rules 1992(1) made under section 6 of the Transport and Works Act 1992(2) (hereinafter referred to as “the Act”) by the British Railways Board for an Order under section 1 of the Act, being satisfied in accordance with section 13(1) of the Act that its requirements in relation to any objections have been satisfied, and having determined to give effect to the proposals comprised in such application with modifications, in exercise of the powers conferred on him by sections 1 and 5 of the Act, and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the British Railways (Marylebone Diesel Depot) Order 1995 and shall come into force on 22nd May 1995.

(2) In this Order—

“the Board” means the British Railways Board; and

“the Order plan” means the plan marked “Marylebone Diesel Depot Land” prepared by the Board for the purposes of article 2 below and submitted to the Secretary of State with their application for this Order.

Exclusion and modification of section 88 of Manchester, Sheffield and Lincolnshire Railway (Extension to London, &c.) Act 1893

2.—(1) Subsection (1) of section 88 (Provisions as to boundary wall on eastern side of London station and as to use of station) of the Manchester, Sheffield and Lincolnshire Railway (Extension to London, &c.) Act 1893(3) shall cease to have effect so far as it applies to the land shown bounded internally by a black line and hatched black on the Order plan and comprising the site of the former railway diesel locomotive depot at Marylebone in the City of Westminster.

(2) Subsections (2) to (4) of the said section 88 shall cease to have effect.

Certification of Order plan

3.  The Board shall, as soon as practicable after the making of this Order, submit a copy of the Order plan to the Secretary of State for certification that it is a true copy of the plan referred to in this Order; and a plan so certified shall be admissible in any proceedings as evidence of the contents of the Order plan.

Signed by authority of the Secretary of State for Transport

R. A. Allan

An Under Secretary,Department of Transport

1st May 1995

Explanatory Note

(This note is not part of the Order)

This Order provides, in article 2, that section 88(1) of the Manchester, Sheffield and Lincolnshire Railway (Extension to London, &c.) Act 1893 (which imposes restrictions on the use of certain land) shall cease to have effect in relation to the land shown bounded internally by a black line and hatched black on the Order plan, being land comprising the site of the former Marylebone Diesel Depot and which is now surplus to the requirements of the British Railways Board. In consequence, it is also provided that section 88(2) to (4), which relates to the fencing of that land and related matters, ceases to have effect.

A copy of the Order plan may be inspected at all reasonable hours at the offices of Westminster City Council, Westminster City Hall, Victoria Street, Westminster, London S.W.1 and the Secretary of State for Transport, 2 Marsham Street, London S.W.1.

(1)

S.I. 1992/2902.

(2)

1992 c. 42.

(3)

1893 c. i.