An Act for the better Regulation of Railways and for the Conveyance of Troops.
[30th July 1842]
Modifications etc. (not altering text)
C1Act excluded (11.11.1996) by S.I. 1996/2714, art. 3(5)
Act excluded (21.7.1999) by S.I. 1999/2382, art. 4(1)
C2Short title given by Short Titles Act 1896 (c. 14)
C3Preamble, which recites Railway Regulation Act 1840 (c. 97), omitted under authority of Statute Law Revision (No. 2) Act 1890 (c. 51)
C4This Act is not necessarily in the form in which it has effect in Northern Ireland
Commencement Information
I1Act wholly in force at Royal Assent.
Textual Amendments
F1Ss. 1, 3 repealed by Statute Law Revision (No. 2) Act 1874 (c. 96)
The provisions of the said recited Act and of this Act shall be construed together as one Act, except so far as the provisions of the said recited Act are hereby repealed, or shall be inconsistent with the provisions of this Act.
Textual Amendments
F2Ss. 1, 3 repealed by Statute Law Revision (No. 2) Act 1874 (c. 96)
Textual Amendments
F3Ss. 4-6 repealed by Road and Rail Traffic Act 1933 (c. 53), Sch. 3; Ss. 4-6 expressed to be repealed (N.I.) (prosp.) by 2002 c. 8 (N.I.), ss. 7, 8(2), Sch. 2
Textual Amendments
F4Ss. 7, 8 repealed by Regulation of Railways Act 1871 (c. 78), Sch. 2
And whereas by The M1Highway (Railway Crossings) Act 1839 it was enacted, that whenever a railway crosses or shall hereafter cross [F5any turnpike road, or any other highway or statute labour road for carts or carriages, in Great Britain], [F5the carriageway of a public road (within the meaning of the M2Roads (Scotland) Act 1984)]the proprietors or directors of the said railway shall make and maintain good and sufficient gates across each end of such [F6turnpike or other road][F6carriageway]at each end of the said crossings, and shall employ good and proper persons to open and shut such gates, so that the persons, carts, or carriages passing along such [F6turnpike or other road][F6carriageway]shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railway: And whereas by the Acts relating to certain railways it is provided that such gates shall be kept constantly closed across the railway, except during the time when carriages or engines passing along the railway shall have to cross such [F6turnpike or other road][F6carriageway]: And whereas experience has shown that it is more conducive to safety that such gates should be kept closed across the [F6turnpike or other road][F6carriageway] instead of across the railway: that, notwithstanding anything to the contrary contained in any Act of Parliament heretofore passed, such gates shall be kept constantly closed across each end of such [F6turnpike or other roads][F6carriageway], in lieu of across the railway, except during the time when horses, cattle, carts, or carriages passing along such [F6turnpike or other road][F6carriageway] shall have to cross such railway; such gates shall be of such dimensions and so constructed as, when closed across the ends of such [F6turnpike or other roads][F6carriageway], to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway while the gates are closed: Provided always, that it shall be lawful for the lords of the said committee, in any case in which they are satisfied that it will be more conducive for the public safety that the gates at any level crossing over any such [F6turnpike or other road][F6carriageway] should be kept closed across the railway, to order and direct that such gates shall be kept so closed, instead of across the road; and such order of the lords of the said committee shall be a sufficient authority for the directors or proprietors of any railway company to whom such order is addressed for keeping such gates closed, in the manner directed by the lords of the said committee.
Textual Amendments
F5Words commencing “ the carriageway...” substituted (S.) for words commencing “any turnpike...” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 2(a)
F6Word “ carriageway” substituted (S.) for words commencing “turnpike or...” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 2(b)
Modifications etc. (not altering text)
C5References to “lords of the said committee” to be construed as references to Minister of Transport: Interpretation Act 1889 (c. 63), s. 12(8), Ministry of Transport Act 1919 (c. 50), s. 2, Sch. 1 para. 1, S.I. 1953/1204 (1953 I, p. 1225), arts. 3(1), 4(4), 1959/1768 (1959 I, p. 1793) arts. 3(2), 4(1), 1970/1681, arts. 2(1), 6(3) and 1979/571, arts. 2(1), 3(5)
C6S. 9 excluded (E.W.S.) by Light Railways Act 1896 (c. 48), s. 12, Sch. 2
C7s. 9 excluded (E.W.S.) (29.04.1992) by S.I. 1992/1113, art. 3(3).
s. 9 excluded (E.W.S.) (21.05.1992) by S.I. 1992/1267, art. 4(2).
C8S. 9 excluded (22.6.1993) by S.I. 1993/1607, art. 3(3)
C9S. 9 excluded (29.6.1993) by S.I. 1993/1651, art. 3(2)(with arts. 6, 8, 9 and 10(2))
C10S. 9 excluded (1.9.1993) by S.I. 1993/2154, art. 3(2)
C11S. 9 excluded (27.7.1993) by 1993 c. xv, s. 3(3)
S. 9 excluded (24.3.1994) by 1994 c. ii, s. 1, Sch. Pt. II para. 5(3)(b)
S. 9 excluded (31.3.1994) by 1994 c. iv, Pt. II s. 15(3) (with s. 28)
S. 9 excluded (21.7.1994) by 1994 c. xi, s. 3(3)
S. 9 excluded (21.7.1994) by 1994 c. xv, s. 3(4)
S. 9 excluded (18.12.1996) by 1996 c. 61, s. 20, Sch. 9 Pt. II para. 4
C12S. 9 Power to repeal or modify conferred (E.W.S.) (2.2.1994) by 1993 c. 43, s. 117(1)(4)(b)(6) (with S.I. 1990/1380, arts. 3, 4); S.I. 1994/202, art. 2
S. 9 amended (E.W.S.) (2.2.1994) by 1993 c. 43, s. 117(1)(6) (with S.I. 1990/1380, arts. 3, 4); S.I. 1994/202, art. 2
Marginal Citations
F7 All railway companies shall be under the same liability of obligation to erect, and to maintain and repair, good and sufficient fences throughout the whole of their respective lines, as they would have been if every part of such fences had been originally ordered to be made under an order of justices by virtue of the provisions to that effect in the Acts of Parliament relating to such railways respectively.
Textual Amendments
F7Recital omitted by virtue of Statute Law Revision (No. 2) Act 1890 (c. 51)
Modifications etc. (not altering text)
C13S. 10 excluded (E.W.S.) by Light Railways Act 1896 (c. 48), s. 12, Sch. 2
C14s. 10 excluded (E.W.S.) (29.04.1992) by S.I. 1992/1113, art. 3(3).
s. 10 excluded (E.W.S.) (21.05.1992) by S.I. 1992/1267, art. 4(2).
C15S. 10 excluded (22.6.1993) by S.I. 1993/1607, art. 3(3)
C16S. 10 excluded (29.6.1993) by S.I. 1993/1651, art. 3(2)(with arts. 6, 8, 9, and 10(2))
C17S. 10 excluded (1.9.1993) by S. I. 1993/2154, art. 3(2)
C18S. 10 excluded (27.7.1993), by 1993 c. xv, s. 3(3)
S. 10 excluded (21.7.1994) by 1994 c. xi, s. 3(3)
S. 10 excluded (21.7.1994) by 1994 c. xv, s. 3(4)
C19S. 10 Power to repeal or modify conferred (E.W.S.) (2.2.1994) by 1993 c. 43, ss. 117(1)(4)(b)(6) (with S.I. 1990/1380, arts. 3, 4); S.I. 1994/202, art. 2
S. 10 amended (E.W.S.) (2.2.1994) by 1993 c. 43, ss. 117(1)(6) (with S.I. 1990/1380, arts. 3, 4); S.I. 1994/202, art. 2
Textual Amendments
F8Ss. 11-13, 16 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I and expressed to be repealed by S.I. 1984/1986 (N.I. 15), art. 20, Sch. 3
F9 It shall be lawful for the lords of the said committee to empower any railway company, in case of any accident or slip happening or being apprehended to any cutting, embankment, or other work belonging to them, to enter upon any lands adjoining their railway for the purpose of repairing or preventing such accident, and to do such works as may be necessary for the purpose: Provided always, that in case of necessity it shall be lawful for any railway company to enter upon such lands, and to do such works as aforesaid, without having obtained the previous sanction of the lords of the said committee; but in every such case such railway company shall, within forty-eight hours after such entry, make a report to the lords of the said committee, specifying the nature of such accident or apprehended accident, and of the works necessary to be done, and such powers shall cease and determine if the lords of the said committee shall, after considering the said report, certify that their exercise is not necessary for the public safety: Provided also, that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of, and shall be executed with all possible despatch; and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works, the amount of which compensation, in case of any dispute about the same, shall be settled in the same manner as cases of disputed compensation are directed to be settled by the Acts relating to the railway on which such works may become necessary: Provided always, that no land shall be taken permanently by any railway company for such works without a certificate from the lords of the said committee as herein-after described.
Textual Amendments
F9Recital omitted by virtue of Statute Law Revision (No. 2) Act 1890 (c. 51)
Modifications etc. (not altering text)
C20References to “lords of the said committee” to be construed as references to Minister of Transport: Interpretation Act 1889 (c. 63), s. 12(8), Ministry of Transport Act 1919 (c. 50), s. 2, Sch. I. para. 1, S.I. 1953/1204 (1953 I, p. 1225), arts. 3(1), 4(4), 1959/1768 (1959 I, p. 1793) arts. 3(2), 4(1), 1970/1681, arts. 2(1), 6(3) and 1979/571, arts. 2(1) 3(5)
And whereas by various Acts relating to railways compulsory powers are given to railway companies of purchasing and taking lands for the construction of such railways, and it is provided that such compulsory powers shall not be exercised after the expiration of certain limited periods from the passing of the said Act: And whereas it is sometimes found necessary for the public safety that additional land should be taken after the expiration of such periods for the purpose of giving increased width to the embankments and inclination to the slopes of railways, or for making approaches to bridges or archways, or for doing such works for the repair or prevention of accidents as are herein-before described: in every case in which the lords of the said committee shall certify that the public safety requires additional land to be taken by any railway company for such purposes as aforesaid, the compulsory powers of purchasing and taking land contained in the Act or Acts of such railway company, together with all the clauses and provisions relative thereto, shall, as regards such portion or portions of land as are mentioned in the certificate of the lords of the said committee, revive and be in full force for such further period as shall be mentioned in such certificate: Provided always that any railway company applying to the lords of the said committee for any such certificate shall give fourteen days notice in writing, in the manner prescribed by the Act or Acts of such company for serving notices on landowners, of their intention to make such application, to all the parties interested in such lands, or such of them as shall be known to the company, and shall state in such notice the particulars of the lands required; and if any of such parties interested shall apply within the said period of fourteen days to the lords of the said committee, such party shall be heard by them before any such certificate is given: Provided also, that where any such application shall have been made by any railway company to the lords of the said committee, upon which application any such certificate shall have been refused, the directors of such railway company shall, if required by the lords of the said committee, repay to the party resisting such application any expenses which he or they may have incurred in resisting such application.
Modifications etc. (not altering text)
C21References to “lords of the said committee” to be construed as references to Minister of Transport: Interpretation Act 1889 (c. 63), s. 12(8), Ministry of Transport Act 1919 (c. 50), s. 2, Sch. 1 para. 1, S.I. 1953/1204 (1953 I, p. 1225), arts, 3(1), 4(4), 1959/1768 (1959 I, p. 1793) arts. 3(2), 4(1), 1970/1681, arts. 2(1), 6(3) and 1979/571, arts. 2(1), 3(5)
Textual Amendments
F10Ss. 11-13, 16 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I and expressed to be repealed by S.I. 1984/1986 (N.I. 15), art. 20, Sch. 3
F11 It shall be lawful for any officer or agent of any railway company, [F12or for any special constable duly appointed], and all such persons as they may call to their assistance, to seize and detain any engine driver, waggon driver, guard, porter, servant, or other person employed by the said or by any other railway company or by any other company or person, in conducting traffic upon the railway belonging to the said company, or in repairing and maintaining the works of the said railway, who shall be found drunk while so employed upon the said railway, who shall commit any offence against any of the bye-laws, rules, or regulations of the said company, or who shall wilfully, maliciously, or negligently do or omit to do any act whereby the life or limb of any person passing along or being upon such railway or the works thereof respectively shall be or might be injured or endangered, or whereby the passage of any engines, carriages, or trains shall be or might be obstructed or impeded, and to convey such engine driver, guard, porter, servant, or other person so offending, or any person counselling, aiding, or assisting in such offence, with all convenient despatch, before some justice of the peace for the place within which such offence shall be committed, without any other warrant or authority than this Act; and every such person so offending, and every person counselling, aiding, or assisting therein, as aforesaid, shall, when convicted upon the oath of one or more credible witness or witnesses before such justice as aforesaid (who is hereby authorized and required, upon complaint to him made . . . F13, without information in writing, to take cognizance thereof, and to act summarily in the premises), in the discretion of such justice, be imprisoned, . . . . . . F14, for any term not exceeding [F15two calendar months,][F15three calendar months] or, in the like discretion of such justice, shall for every such offence forfeit to her Majesty any sum not exceeding [F16level 1 on the standard scale][F17£200][F18level 3 on the standard scale], and in default of payment thereof shall be imprisoned, . . . F14, as aforesaid, for such period not exceeding [F15two calendar months][F15three calendar months] as such justice shall appoint, such commitment to be determined on payment of the amount of the penalty; and every such penalty shall be returned to the next ensuing court of quarter sessions in the usual manner.
Textual Amendments
F11Recital omitted by virtue of Statute Law Revision (No. 2) Act 1890 (c. 51)
F12Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. I.
F13Words repealed by Magistrates' Courts Act 1952 (c. 55), s. 132(2)-(4), Sch. 6
F14Words omitted by virtue of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2)
F15Words “three calendar months” substituted, in relation to London Transport Executive, for words “two calendar months” by London Transport Act 1977 (c. xii), s. 12(2)
F16Words substituted (E.W.S.) for “£25” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F17 “£200” substituted for “£25” in relation to (a) British Railways Board by British Railways Act 1977 (c. xvii), Sch. 1 and (b) London Transport Executive by London Transport Act 1977 (c. xii), Sch.
F18Words substituted (E.W.S.) for “£200” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Modifications etc. (not altering text)
In all cases in which by the present or the said recited Act for regulating railways it is provided that offenders shall be taken before one or more justices of the peace for the place within which the offence was committed, it shall be lawful, in case the offence is committed in Scotland, to take such offenders before the sheriff of [F19the sheriffdom], or other magistrate acting for the district within which such offence shall be committed, or where such offender shall be apprehended, without any warrant or authority other than this Act; and such sheriff or magistrate is hereby empowered and required, on the application of the railway company, to proceed in all respects as if the words “sheriff or magistrate” had been substituted for the word “justice” in the said Acts, and shall be entitled summarily, and without a jury, to execute the powers thereby and hereby committed to him.
Textual Amendments
F19Word substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), Sch. 1 para. 1
Textual Amendments
F20S. 19 repealed by Regulation of Railways Act 1868 (c. 119), Sch. 2
Textual Amendments
F21S. 20 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XV
Whenever the word “railway” is used in this or in the said recited Act it shall be construed to apply to all railways used or intended to be used for the conveyance of passengers in or upon carriages drawn or impelled by the power of steam or by any other mechanical power; and whenever the word “company” is used in this or in the said recited Act it shall be construed to extend to and include the proprietors for the time being of any such railway, whether a body corporate or individuals, and their lessees, executors, administrators, and assigns, unless in either of the above cases the subject or context be repugnant to such construction.
Textual Amendments
F22S. 22 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt. I and expressed to be repealed by S.I. 1984/1986 (N.I. 15), art. 20, Sch. 3
Textual Amendments