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PART IPRELIMINARY

Citation and commencement

1.  This Order may be cited as the Wear Valley Railway Order 2002 and shall come into force on 12th August 2002.

Interpretation

2.—(1) In this Order—

“the Company” means Weardale Railways Limited incorporated under the Companies Act 1985(1) as a company limited by guarantee and whose registered office is Stanhope Station, Bondisle Way, Stanhope, Bishop Auckland, DL13 2YS;

“protective equipment” includes gates, barriers, lights, traffic signs (within the meaning of section 64 of the Road Traffic Regulation Act 1984(2)), manual, mechanical, automatic, electronic or telephonic equipment or other devices;

“Railtrack” means Railtrack PLC;

“the railway” means so much of the railway of Railtrack (including the site of the railway) in the County of Durham described in and authorised by the Bishop Auckland and Weardale Railway Act 1837(3), the Wear Valley Railway Act 1845(4), the Stockton and Darlington Railway Amalgamation Act 1858(5), the Frosterly and Stanhope Railway Act 1861(6), the Frosterley and Stanhope Railway Act 1862(7), the Wear Valley Extension Railway Act 1892(8) and the North Eastern Railway Act 1894(9), and works relating thereto, as lie between a point 200 metres west of the western end of the platform at Bishop Auckland Station, in the District of Wear Valley, at reference point NZ 207292 and a point 500 metres west of the western end of the southern platform of Eastgate Station, in the District of Wear Valley, at reference point NY 951384 and includes all lands held by Railtrack relating to the said railway and to any stations or other works connected therewith (other than Bishop Auckland Station), and lying between those points;

“reference point” means Ordnance Survey National Grid reference point; and

“the transfer date” means the date on which the railway or any part thereof is vested in the Company by virtue of an agreement made between Railtrack and the Company.

(2) In this Order all directions and distances stated in the description of the railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.

Disapplication of certain enactments relating to level crossings

3.  Section 47 of the Railways Clauses Consolidation Act 1845(10) (roads crossed on a level) and section 6 of the Railways Clauses Act 1863(11) (lodges at level crossings) shall on the transfer date cease to apply to the railway or the relevant part thereof.