The Bure Valley Railway Light Railway Order 1989

Incorporation and application of enactments

3.—(1) The provisions of the Railways Clauses Consolidation Act 1845(1) (except sections 8, 11 to 15, 17, 22, 46 to 66, 88 to 95 and 112 to 124) are incorporated with and form part of this Order so far as the same are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order.

(2) In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated with this Order–

(a) this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions;

(b) sections 7, 9, 10 and 162 shall be read, construed and have effect as if the “proper officer of the County Council of the County of Norfolk” had been referred to therein instead of the “Clerks of the Peace”;

(c) sections 78 to 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923(2).

(3) Notwithstanding the provisions of subsection (1) of section 12 of the Light Railways Act 1896, the following enactments shall apply to the railway:–

• Regulation of Railways Act 1868(3)–

  • Section 22 (means of communication between passengers and the Company’s servants to be provided);

• Regulation of Railways Act 1889(4)–

  • Section 1 (power to order certain provisions to be made for public safety); and

  • Section 5 (penalty for avoiding payment of fare).

(4) In its application to the railway the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.

(5) Without prejudice to the generality of the foregoing, sections 116, 117, 118 and 119 of the Transport Act 1968 shall apply to the railway as if references therein to the Board were references to the operators.

(1)

1845 c. 20.

(2)

1923 c. 20.

(3)

1868 c. 119.

(4)

1889 c. 57.