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3. (1) Subject to the provisions of this Order, the following provisions of the Act of 1845 shall be incorporated in this Order:—
Section 16 (works to be executed);
Section 18 (alteration of water and gaspipes, etc);
Section 19 (company not to disturb pipes until they have laid down others);
Section 20 (pipes not to be laid contrary to any Act, and 18 inches surface road to be retained);
Section 21 (company to make good all damage);
Section 24 (penalty for obstructing construction of railway);
Section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
Section 61 (company to make sufficient approaches and fences to highways crossing on the level);
Section 68 (accommodation works by company);
Sections 78 to 85E (which relate to the working of mines);
Section 105 (carriage of dangerous goods on the railway);
Section 145 (recovery of penalties); and
Section 154 (transient offenders).
(2) In those provisions, as incorporated in this Order—
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works; and
“the special Act” means this Order.
(3) The following enactments shall apply to the Company’s railway:—
The Regulation of Railways Act 1868(1)—
Section 22 (means of communication between passengers and the Company’s servants to be provided); and
The Regulation of Railways Act 1889(2)—
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
(4) 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 20 miles without stopping” were omitted therefrom.
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