Railways Clauses Consolidation (Scotland) Act 1845
1 Operation of the Act confined to future railways.
Interpretations in this Act
And with respect to the construction of this Act, and...
2“special Act:” “prescribed:” “the lands:” “the undertaking.”
3 Interpretations in this and the special Act: Number: Gender: “Lands:” “Lease:” “Toll:” “Month:” “Lord ordinary:” “Sheriff:” “Justice:” “Two justices:” “Owner:” “the Bank:” “the company:” “the railway:”
4 Short title of the Act.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Construction of railway
6 The construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation (Scotland) Act.
7 Errors and omissions in plans to be corrected.
8 Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited.
9 Sheriff clerks, &c. to receive plans of alterations, and allow inspection.
10 Copies to be evidence.
11 Limiting deviation from datum line described on sections, &c.
12 Previous notice of such deviation to be given.
13 Arches, tunnels, &c. to be made as marked on deposited plans.
14 Limiting deviations from gradients, curves, &c.
15 Lateral deviations.
16 Works to be executed. Inclined planes, &c.Alteration of course of rivers, &cDrains, &c.Warehouses, &c.Alterations and repairs. General power. Proviso as to damages.
17 Works on the shore of the sea, &c. not to be constructed without the authority of the commissioners of woods and forests and commissioners of the Admiralty.
18 Alteration of water and gas pipes, &c.
19 Company not to disturb pipes until they have laid down others.
20 Pipes not to be laid contrary to Act of Parliament, and 18 inches surface road to be retained.
21 Company to make good all damage.
22 When railway crosses pipes, company to make a culvert.
23 Penalty for obstructing supply of gas or water.
24 Penalty for obstructing construction of railway.
Temporary use of lands
And with respect to the temporary occupation of lands near...
25 Company may occupy temporarily private roads within five hundred yards of the railway.
26 Power to owners and occupiers of road and land to object that other roads should be taken.
27 Power to take temporary possession of land without previous payment of price.
28 Company to give notice previous to such temporary possession.
29 Service of notices on owners and occupiers of lands.
30 Power to owner to object that other lands ought to be taken.
31 Power to the sheriff to summon other owners before him.
32 The company to give sureties, if required.
33 Company to separate the lands before using them.
34 Some quarries, &c. to be worked as surveyor of owner shall direct.
35 Owners of lands may compel company to purchase lands so temporarily occupied.
36 Compensation to be made for temporary occupation.
37 Compensation to be ascertained under the Lands Clauses Acts.
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crossing of roads, and construction of bridges
And with respect to the crossing of roads, or other...
39 Crossing of roads.
40 Provision in cases where roads are crossed on a level.
41 As to crossing of turnpike roads adjoining stations.
42 Construction of bridges over roads.
43 Construction of bridges over railway.
44 The width of the bridges need not exceed the width of road in certain cases.
45 Existing inclinations of roads crossed or diverted need not be improved.
46 Before roads interefered with, others to be substituted.
47 Penalty for not substituting a road.
48 Party suffering damage from interruption of road to recover in an action on the case.
49 Period for restoration of roads interfered with.
50 Penalty for failing to restore road.
51 Company to repair roads used by them.
52 Company to make sufficient approaches and fences to bridleways and footways crossing on the level.
53 Proceedings on application to sheriff or justices to consent to level crossings of bridleways and footways.
54 Sheriff or justices to have power to order approaches and fences to be made to highways crossing on the level.
Screens for roads
55 Screen for turnpike road to be made, if required by the Board of Trade.
56 Penalty for failing to construct.
Construction or reparation of bridges
57 Sheriff or justices to have power to order repair of bridges, &c.
58 Board of Trade empowered to modify the construction of certain roads, bridges, &c. where a strict compliance with the Act impossible or inconvenient.
59 Authentication of certificates of the Board of Trade, service of notices, &c.
Works for accommodation and protection of lands
Andwith respect to works for the accommodation of lands adjoining...
60Works to be erected for the accommodation of adjoining lands.
61 Differences as to accommodation works to be settled by sheriff or justices.
62 Execution of works by owners on default by the company.
63 Power to owners of land to make additional accommodation works.
64 Works to be constructed under the superintendence of the company’s engineer.
65 Accommodation works not to be required after five years.
66 Owners to be allowed to cross until accommodation works made.
67 Materials, &c. to vest in company for purposes of prosecution.
68 Penalty on persons omitting to fasten gates.
69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Working of mines
And with respect to mines lying under or near the...
70 Promoters of the undertaking not to be entitled to minerals.
71 Mines lying near the railway not to be worked if the company willing to purchase them.
71A Compensation for leaving minerals unworked.
72 If company unwilling to purchase, owner may work the mines.
72A Liability in respect of authorised workings.
72B Notices and accounts with respect to damage.
73 Mining communications.
74 Company to make compensation for injury done to mines;
75 and also for any airway or other work made necessary by the railway.
76 Power to the company to enter and inspect the working of mines.
77 Penalty for refusal to allow inspection.
78 If mines improperly worked, supports to be made.
78A Power to vary rights by agreement.
78B Savings.
78C Interpretation.
78D Exemption from liability to leave support otherwise than under Act or agreement.
Working of mines [Editorial Note: ss. 70-78 as originally enacted follow]
And with respect to mines lying under or near the...
70Promoters not to be entitled to minerals.
71Mines lying near the railway not to be worked if the company willing to purchase them.
72If company unwilling to purchase, owner may work the mines.
73Mining communications.
74Company to make compensation for injury done to mines;
75and also for any airway or other work made necessary by the railway.
76Power to company to enter and inspect the working of mines.
77Penalty for refusal to allow inspection.
78If mines improperly worked, supports to be made.
Passengers and goods on railway
79 Company to employ locomotive power, carriages, &c
80 Company empowered to contract with other companies.
81 Contract not to affect persons not parties to it.
82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84—86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Collection of tolls
87 Milestones.
88†Tolls to be taken only whilst board exhibited and milestones set up.
89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90 In default of payment of tolls, goods, &c. may be detained and sold.
91—95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96 Penalty on passengers practising frauds on the company.
97 Detention of offenders.
98 Penalty for bringing dangerous goods on railway.
99, 100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bye Laws.
. . .
101—104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leasing of railway
105 Exercise of power to lease the railway.
106 Powers vested in company to be exercised by lessees.
Carriages and engines
And with respect to the engines and carriages to be...
107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108 Engines to be approved by the company, and certificate of approval given. Unfit engines to be removed.
109 Penalties on persons using improper engines.
110 Carriages to be constructed according to company’s regulations.
111 Regulations to apply also to company’s carriages.
112 Penalty for using improper carriages.
113 Owner’s name, &c. to be registered, and exhibited on carriages.
114 On non-compliance carriage may be removed.
115 Carriages improperly loaded, or suffered to obstruct the way, may be unloaded or removed.
116 Company not to be liable for damage by unloading, &c.
117 Owners liable for damage by servants.
118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arbitration
And with respect to the settlement of disputes by arbitration,...
119—129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
130 Service of notices upon company.
131 Tender of amends.
Recovery of damages and penalties
And with respect to the recovery of damages not specially...
132 Provision for damages not otherwise provided for.
133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
134 Method of proceeding before the sheriff or justices in questions of damages.
135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
136 Penalty for defacing boards used for such publication.
137 Penalties to be summarily recovered before the sheriff or two justices.
138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
140, 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
142 Application of penalties.
143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144 Damage to be made good in addition to penalty.
145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
146 Transient offenders.
147 Proceedings by sheriff need not be in writing.
148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal
150 Power of appeal to sheriff.
151, 152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Act
And with respect to the provision to be made for...
153 Copies of special Act to be kept and deposited, and allowed to be inspected.
154 Penalty on company failing to keep or deposit Act.
155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULES
FIRST SCHEDULE Percentage of Contribution
SECOND SCHEDULE Rules for Ascertaining Area for the Purpose of Computing Maximum Liability of Mine Owner in Respect of Authorised Workings
1The area shall extend laterally on each side of (but...
2The area shall extend longitudinally for a distance co-extensive with...
THIRD SCHEDULE Rules for Determining Percentage of Contributions to Additional Expenses for Damages Payable by a Company
1The percentage shall be one hundred if the specified minerals...
2If the specified minerals extend to one hundred and fifty...
3If the specified minerals extend further from such boundary on...

Railways Clauses Consolidation (Scotland) Act 1845

1845 c.33

An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways in Scotland.

Annotations:
Commencement Information
I1

Act wholly in force at Royal Assent.

Modifications etc. (not altering text)
C1

Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)

C2

Functions of Board of Trade now exercisable by Minister of Transport: Ministry of Transport Act 1919 (c. 50), s. 2, S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793), art. 3(2), 1970/1681, art. 2(1) and 1979/571, art. 2(1)

C3

References to sheriff and sheriff substitute to be construed as references to sheriff principal and sheriff respectively: Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

C4

Act incorporated (S.)(5.1.1994) by 1993 c. 44, ss. 57(1), 64(2) (with s. 30(5), Sch. 6 para. 4)

Act (except ss. 1, 7-9, 17-23) incorporated (24.3.1994) by 1994 c. i, s. 1, Sch. Pt. I para. 3(1)(b)(2)(a)(b)

Act (except ss. 1, 7-9, 17, 19, 20, 22 and 23) incorporated (24.3.1994) by 1994 c. ii, s. 1, Sch. Pt. I para. 3(1)(b)(2)(a)(b)

Act (except ss. 1, 7-9, 17, 19, 20, 22 and 23) incorporated (24.3.1994) by 1994 c. iii, s. 1, Sch. Pt. I para. 3(1)(b)(2)(a)(b)

Act excluded (24.3.1994) by 1994 c. iii, s. 1, Sch. Pt. II para. 5(2)

C6

Act incorporated in part (with modifications) (24.7.2006) by Waverley Railway (Scotland) Act 2006 (asp 13), s. 52 (with ss. 8(4), 50(2), 51)

C7

Act incorporated in part (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 47 (with s. 50)

C8

Act incorporated in part (with modifications) (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 58 (with ss. 52, 60)

C9

Act incorporated in part (8.5.2007) by Airdrie-Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 57 (with ss. 48, 59)

C10

Act incorporated in part (with modifications) (11.4.2017) by The Network Rail (Glasgow Queen Street Station) Order 2017 (S.S.I. 2017/100), art. 3(1)(a)(2) (with art. 37)