37.—(1) In this article—
“the Board” means the British Railways Board;
“the former railway” means so much of the former Mickle Trafford to Shotton railway as is situated within the limits of deviation or the limits of land to be acquired;
“the relevant date” means—
in relation to so much of the former railway as is owned by the Council at the date of the coming into force of this Order, that date; or
in relation to any part of the former railway which at that date is not so owned, the earlier of the date upon which the Council acquires that part or the date upon which the Council takes entry for the purpose of constructing the authorised works.
(2) Except as may be otherwise provided in this Order, as from the relevant date the former railway or any part thereof shall continue to be subject to all statutory and other provisions applicable to the former railway, or any part thereof, at that date (in so far as the same are still subsisting and capable of taking effect) and the Council shall to the exclusion of the Board be entitled to the benefit of, and to exercise, all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the former railway (in so far as the same are still subsisting and capable of taking effect) to the intent that the Board as the case may be, shall be released from all such obligations.
(3) Section 31 (Provisions in relation to certain works within the City of Chester) of the Chester and West Cheshire Junction Railway Act 1865(1) shall cease to apply to the former railway.
(4) Any enactment by which the former railway was authorised shall have effect subject to the provisions of this Order.