The Scottish Ministers make the following Order in exercise of the powers conferred by sections 7, 9, 10, 11, 12 and 18 of the Light Railways Act 1896

1896 c.48 as amended by Section 68 of the Railways Act 1921. The functions of the Minister under that Act vested in the Secretary of State for Transport by virtue of S.I. 1970/1681, 1979/571 and 1981/238. The functions of the Secretary of State for Transport transferred to the Scottish Ministers in respect of the promotion and construction of railways in Scotland by virtue of the Scotland Act 1998 (Modification of Schedule 5) Order 2002 (S.I. 2002/1629). In terms of section 22 of the Transport and Works (Scotland) Act 2007 (asp 8), no order under the 1896 Act is to be made by the Scottish Ministers on or after the day on which section 1 of the 2007 Act comes into force (28th December 2007). Article 4(1) of S.S.I. 2007/517 does, however, remove this restriction in a case where application for the order was made before that date.

In accordance with section 2 of that Act, the Deeside Railway Company Limited made an application to the Scottish Ministers for the making by them of this Order.

In accordance with section 7 of that Act, the Scottish Ministers are satisfied that its requirements in relation to the publication and service of notices and consideration of objections have been met.