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5. Subject to article 8 of this Order, on and after the transfer date the Trust may operate and use the Board’s railway as a system, or part of a system, of transport for the carriage of passengers and goods.
6.—(1) Where pursuant to regulations made under section 41 of the Act (approval of works, plant and equipment(1) approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment forming part of the Board’s railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railway.
(2) If without reasonable cause the provisions of paragraph (1) above are contravened on or after the transfer date the Trust shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
7. On and after the transfer date the provisions set out in Part II of the Schedule to this Order shall apply to the level crossings mentioned in Part I of that Schedule.
8. No part of the Board’s railway shall be used for the conveyance of passengers without the prior written permission of the Health and Safety Executive.
S.I. 1994/157.
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