3Incorporation and application of enactments relating to railways
(1)The following enactments, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Act, are incorporated with and form part of this Act, and this Act shall be deemed to be the special Act for the purposes of those enactments:—
the Act of 1845 (except sections 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 47 to 62, 94, 95 and 115 to 124); and
section 4 of the [1863 c. 92.] Railways Clauses Act 1863.
(2)In the enactments incorporated by subsection (1) above—
(a)the expression “the company” means the undertakers; and
(b)sections 18 and 21 of the Act of 1845 shall not extend to regulate the relations between the undertakers and any other person in respect of any matter or thing concerning which those relations are regulated in any respect by—
(i)Part III of the Act of 1991; or
(ii)section 45 (For protection of certain statutory undertakers)
of this Act;
(c)the reference in section 34 of the Act of 1845 to notice under section 33 of that Act shall include a notice under section 34 of this Act; and
(d)in section 4 of the said Act of 1863, the words “and subject to the limitations contained in sections eleven, twelve and fifteen of those Acts respectively,” and the proviso shall be omitted.
(3)Notwithstanding anything in section 46 of the Act of 1845, as incorporated by subsection (1) above, or in any other enactment, the undertakers may carry any of the authorised railways, not being designated as a tramway, across and on the level of any footpath without obtaining the consent of two or more justices.
(4)The following enactments shall not apply to the LRT system:—
the [1839 c. 45.] Highway (Railway Crossings) Act 1839;
in the [1842 c. 55.] Railway Regulation Act 1842, sections 9 and 10;
in the [1868 c. 119.] Regulation of Railways Act 1868, section 22;
in the [1889 c. 57.] Regulation of Railways Act 1889, sections 1 to 4 and 8;
in the [1933 c. 53.] Road and Rail Traffic Act 1933, section 42.