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The Bodmin and Wenford Light Railway Order 1996

S.I. 1996/2867 · Made 1 November 1996

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TRANSPORT

Made 1st November 1996

Coming into force 2nd November 1996

The Secretary of State for Transport, on the application of the North Cornwall District Council and Bodmin and Wenford Rail Freight Limited for an Order under the Light Railways Act 1896f1 (hereinafter referred to as “the Act”), being satisfied in accordance with section 7 of the Act that its requirements in relation to the publication and service of notices, and consideration of objections, have been satisfied, and having considered the Order as required by section 9 of the Act, and in exercise of powers conferred by sections 3, 7 and 10 to 12 of the Act and now vested in himf2 and of all other powers enabling him in that behalf, hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

1896 c. 48; section 3 was amended by the Light Railways Act 1912 (c. 10), section 5(1); sections 7 and 9 were repealed in part by the Railways Act 1921 (c. 55), section 86(2) and Schedule 9; section 10 was repealed in part by the Statute Law (Repeals) Act 1986 (c. 12), Schedule 1; section 11 was amended by the Light Railways Act 1912 (c. 19), section 5(3), and the Railways Act 1921, section 73(1), and was repealed in part and further amended in respects not relevant to this Order; section 12 was repealed in part by the Finance Act 1929 (c. 21), section 6 and Schedule.

f2

Railways Act 1921, section 68(1), and S.I. 1970/1681, 1979/571 and 1981/238.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Incorporation and modification of enactments
  4. 4Transfer of rights, etc. from Board
  5. 5Power to construct railway
  6. 6Leasing of railway to Company
  7. 7Sub-letting of railway to Bodmin Company
  8. 8Gauge of railway and motive power
  9. 9Level crossings
  10. Signature
  11. Schedule 1THE BOARD’S RAILWAY
  12. Schedule 2: PARTICULARS OF LEVEL CROSSINGS
  13. I—CROSSINGS OF PUBLIC CARRIAGE ROADS
  14. II—CROSSINGS OF FOOTPATHS
  15. Schedule 3: CONDITIONS AND REQUIREMENTS AS TO THE LEVEL CROSSINGS OF PUBLIC CARRIAGE ROADS
  16. Part I—: LEVEL CROSSING OF A389 ROAD AT DUNMERE
  17. 1A. Particulars of the Barriers and other Protective Equipment
  18. 2A. Particulars of the Barriers and other Protective Equipment
  19. 3A. Particulars of the Barriers and other Protective Equipment
  20. 4A. Particulars of the Barriers and other Protective Equipment
  21. 5A. Particulars of the Barriers and other Protective Equipment
  22. 6A. Particulars of the Barriers and other Protective Equipment
  23. 7A. Particulars of the Barriers and other Protective Equipment
  24. 8A. Particulars of the Barriers and other Protective Equipment
  25. 9A. Particulars of the Barriers and other Protective Equipment
  26. 10A. Particulars of the Barriers and other Protective Equipment
  27. 11A. Particulars of the Barriers and other Protective Equipment
  28. 12A. Particulars of the Barriers and other Protective Equipment
  29. 13A. Particulars of the Barriers and other Protective Equipment
  30. 14A. Particulars of the Barriers and other Protective Equipment
  31. 15A. Particulars of the Barriers and other Protective Equipment
  32. 16A. Particulars of the Barriers and other Protective Equipment
  33. 17A. Particulars of the Barriers and other Protective Equipment
  34. 18A. Particulars of the Barriers and other Protective Equipment
  35. 19A. Particulars of the Barriers and other Protective Equipment
  36. 20A. Particulars of the Barriers and other Protective Equipment
  37. 21A. Particulars of the Barriers and other Protective Equipment
  38. 22A. Particulars of the Barriers and other Protective Equipment
  39. 23A. Particulars of the Barriers and other Protective Equipment
  40. 24A. Particulars of the Barriers and other Protective Equipment
  41. 25B. Conditions and Requirements to be observed by the Operator.
  42. 26B. Conditions and Requirements to be observed by the Operator.
  43. 27B. Conditions and Requirements to be observed by the Operator.
  44. 28B. Conditions and Requirements to be observed by the Operator.
  45. 29B. Conditions and Requirements to be observed by the Operator.
  46. 30B. Conditions and Requirements to be observed by the Operator.
  47. 31B. Conditions and Requirements to be observed by the Operator.
  48. 32B. Conditions and Requirements to be observed by the Operator.
  49. 33B. Conditions and Requirements to be observed by the Operator.
  50. 34B. Conditions and Requirements to be observed by the Operator.
  51. Part II—: LEVEL CROSSING OF UNCLASSIFIED ROAD AT ST. ANNE'S COTTAGE LANE
  52. Part III—: LEVEL CROSSING OF UNCLASSIFIED ROAD AT HELLANDBRIDGE
  53. Part IV—: LEVEL CROSSING OF UNCLASSIFIED ROAD AT TRESARRETT
  54. Part V—: LEVEL CROSSING OF UNCLASSIFIED ROAD AT POLEY’S BRIDGE
  55. Schedule 4PARTICULARS OF SIGNS TO BE PROVIDED AT THE LEVEL CROSSINGS OF FOOTPATHS

1Citation and commencement

This Order may be cited as the Bodmin and Wenford Light Railway Order 1996 and shall come into force on 2nd November 1996.

2Interpretation

(1)

In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

  • “the Board” means the British Railways Board;

  • “the Board’s railway” means the railway or former railway of the Board described in Schedule 1 to this Order together with all lands and works relating thereto;

  • “the Bodmin Company” means the Bodmin and Wenford Railway plc whose registered office is at 6 Harleigh Road, Bodmin, Cornwall, PL31 1AQ;

  • “the Company” means Bodmin and Wenford Rail Freight Limited incorporated under the Companies Acts 1948 and 1981 whose registered office is at Bodmin General Station, Bodmin, Cornwall, PL31 1AQ;

  • “the Council” means the North Cornwall District Council;

  • “the lease” means any lease granted under paragraph (1) of article 6 of this Order, any extension of the same or any new lease of the railway or any part thereof granted under any statutory powers or provisions;

  • “the operators” means the body for the time being authorised pursuant to the powers of this Order and any lease or sub-lease hereunder to work any part of the railway or to exercise any powers of this Order; and

  • “the railway” means the railway authorised to be constructed and maintained by the operators pursuant to article 5 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part.

(2)

In this Order all distances, lengths, measurements, durations and directions stated in any description of works, powers and lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement, duration or direction.

3Incorporation and modification of enactments

(1)

The following provisions of the Railways Clauses Consolidation Act 1845f1 shall be incorporated in this Order—

  • section 16 (works to be executed);

  • section 24 (penalty for obstructing construction of railway);

  • section 58 (company to repair roads used by them);

  • section 61 (company to make sufficient approaches and fences to such highways crossing on the level);

  • section 68 (maintenance of gates, bridges, fences, drains, watering places);

  • sections 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;

  • sections 72 and 73 (supplementary provisions relating to accommodation works);

  • section 75 (penalty on persons omitting to fasten gates);

  • sections 77 to 85E (provisions with respect to mines lying under or near the railway);

  • section 105 (carriage of dangerous goods on railway);

  • section 145 (penalties to be summarily recovered before two justices); and

  • section 154 (transient offenders).

(2)

The following provisions of the Railways Clauses Act 1863f2 shall be incorporated in this Order—

  • section 5 (trains not to be shunted, etc. over level crossings);

  • section 12 (signals, watchmen, etc.).

(3)

This Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.

4Transfer of rights, etc. from Board

Except as may be otherwise provided in this Order, as from the coming into force of this Order the railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) and the Council shall, subject to articles 6 and 7 below, 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 Board’s railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.

5Power to construct railway

(1)

The operators may on the line of the Board’s railway construct and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway for the carriage of freight only under the Act and in accordance with the provisions of this Order.

(2)

The railway will be laid on the same levels as, and within the existing formation of, the Board’s railway.

6Leasing of railway to Company

(1)

The Council may lease to the Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Council by article 4 of this Order on such terms and conditions as may be agreed between the Council and the Company.

(2)

During the continuance of the lease the Company shall, subject to article 7 below, to the exclusion of the Council be entitled to the benefit of and to exercise all rights, interests, powers and privileges and be subject to all obligations statutory or otherwise as are transferred to or conferred on the Council by this Order and are for the time being in force in respect of the railway or such part thereof as is comprised in the lease.

7Sub-letting of railway to Bodmin Company

(1)

During the continuance and subject to the terms of the lease the Company may sub-let to the Bodmin Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Company in accordance with article 6 above on such terms and conditions as may be agreed between the Company and the Bodmin Company.

(2)

During the continuance of any sub-lease granted under paragraph (1) above the Bodmin Company shall to the exclusion of the Company be entitled to the benefit of, and to exercise all such rights, interests, powers and privileges and be subject to all such obligations of the Company whether statutory or otherwise as are transferred to or conferred on the Company pursuant to article 6 above and are for the time being in force in respect of the railway or such part thereof as is comprised in the sub-lease.

8Gauge of railway and motive power

(1)

The railway shall be constructed and operated on the standard gauge of 1435 millimetres (4 feet 8½ inches) and, subject to the provisions of this article, the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve.

(2)

Nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.

(3)

If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984f1 or with telecommunication by means of such apparatus.

9Level crossings

(1)

The operators may in the construction of the railway carry the same with a single line of rails across and on the level of the roads and footpaths mentioned in column 1 of Schedule 2 below, and situated in the local authority areas, and at the locations, mentioned respectively in columns 2 and 3 of that Schedule.

(2)

Notwithstanding anything in any enactment and except as hereinafter provided:—

(a)

the operators shall not be required to erect or maintain a station or lodge or to provide keepers at any of the said level crossings;

(b)

the operators shall provide, maintain and operate, at each level crossing mentioned in Part I of Schedule 2 below, the signs and other devices and appliances specified in the Part of Schedule 3 below relating to that crossing, and shall observe the conditions and requirements so specified in relation to the use and operation of that crossing;

(c)

the operators shall provide, at each level crossing mentioned in Part II of Schedule 2 below, the signs specified in Schedule 4 below.

(3)

In Schedule 3 to this Order—

(a)

references to “the Regulations” are references to the Traffic Signs Regulations and General Directions 1994f1;

(b)

references to Class I retro-reflecting material are to Class I retro-reflecting material as defined in British Standard 873 part 6 or an equivalent standard;

(c)

references to “the specified road” are references to the road to be crossed by the railway at the relevant crossing.

Signature

Signed by authority of the Secretary of State for Transport

R A Allan

An Under Secretary,

Department of Transport

1st November 1996

Schedule 1THE BOARD’S RAILWAY

A portion (10,060 metres in length) of the former Bodmin and Wenford Railway in the district of North Cornwall in the County of Cornwall, authorised by the Bodmin and Wadebridge Railway Act 1832f1 as amended by—

(1)

the Bodmin and Wadebridge Railway Act 1835f2;

(2)

the Bodmin and Wadebridge Railway Act 1865f3;

(3)

the North Cornwall Railway Act 1882f4;

(4)

the South-western Railway Act 1886f5; and

(5)

the South-western Railway Act 1891f6,

commencing in the parish of Lanivet at Boscarne Junction on the railway authorised to be worked as a light railway by the Bodmin Railway Centre Light Railway Order 1989f7, passing through the town of Bodmin and the parishes of Helland and Blisland, and terminating in the parish of St. Breward at a point on the north side of the unclassified road from Blisland to St. Tudy at the boundary of the premises of ECC International Limited.

I—CROSSINGS OF PUBLIC CARRIAGE ROADS

(1)(2)(3)
RoadParishLocation of Crossing
IA389 from Bodmin to WadebridgeBodminDunmere
IIUnclassified road (St. Anne’s Cottage Lane) from Scarlett’s Well to the A389 roadBodmin (on south side of road) and Helland (on north side of road)Adjoining the house known as St. Anne’s Cottage
IIIUnclassified road from Helland to TredethyHellandHellandbridge
IVUnclassified road from Blisland to LongstoneBlislandTresarrett
VUnclassified road from Blisland to St. TudySt. BrewardPoley’s Bridge

II—CROSSINGS OF FOOTPATHS

(1)(2)(3)
RoadParishLocation of Crossing

In this Part, footpath numbers are as given in the definitive map and statement for the relevant area as defined in section 53(1) of the Wildlife and Countryside Act 1981f1.
VIFootpath 9BodminO.S. Map Ref. SK 045675 77 metres east of the bridge carrying the railway over the river Camel at Dunmere
VIIFootpath 9HellandOS Map Ref. SK 051680 Adjoining the farm house known as Dairy Farm
VIIIFootpath 15HellandO.S. Map Ref. SK 054685 110 metres south of the farm house known as Outlands
IXFootpath 14HellandO.S. Map Ref. SK 054687 Adjoining the farm house known as Outlands

1A. Particulars of the Barriers and other Protective Equipment

A lifting barrier shall be pivoted as close to the railway as practicable on both sides of the specified road on each side of the railway.

2A. Particulars of the Barriers and other Protective Equipment

When lowered the barriers shall be as nearly horizontal as possible and shall extend across the full width of the carriageway and the footway.

3A. Particulars of the Barriers and other Protective Equipment

When the barriers are fully lowered their uppermost surfaces shall be not less than 900 millimetres (“mm”) above the road surface at the centre of the carriageway and the underclearance between the barriers and the carriageway shall not exceed 1000& mm.

4A. Particulars of the Barriers and other Protective Equipment

When in the fully raised position the barriers shall be inclined towards the carriageway at an angle of between 5 and 10 degrees from the vertical. No part of any barrier or of any attachment thereto which is less than 5 metres above the level of the carriageway shall be horizontally displaced from the nearer edge of the carriageway by less than 450 mm and no part of any barrier or any attachment thereto which is less than 2 metres above the level of the footway shall be horizontally displaced from that edge of the footway further from the carriageway by less than 150 mm.

5A. Particulars of the Barriers and other Protective Equipment

The barriers shall be as light as possible but shall also be strong enough to prevent distortion or fracture likely to be caused by wind pressure.

6A. Particulars of the Barriers and other Protective Equipment

The barriers shall display on both front and rear faces alternate red and white bands each approximately 600 mm long and to the full depth of the barriers. A band of red retro-reflecting material not less than 50 mm deep shall be provided along the full length of each red band.

7A. Particulars of the Barriers and other Protective Equipment

Suitable screening shall be provided for each barrier machine to guard against danger to persons from the operating mechanism and moving parts of the machine.

8A. Particulars of the Barriers and other Protective Equipment

Two electric lamps, each of not less than 5 watts nominal rating and with lenses of not less than 50 mm diameter, shall be fitted to each barrier, one within 150 mm of its tip and the other near its centre. When illuminated the lamps shall show a red light in each direction along the carriageway.

9A. Particulars of the Barriers and other Protective Equipment

There shall be an additional swinging barrier on each side of the road. Each shall be operated by hand and so arranged and secured when in the normal position as to close off the railway line from the road. Each barrier shall be independent of the other and shall be capable of swinging clear of the railway and the road when it is required to move trains or road vehicles along the railway.

10A. Particulars of the Barriers and other Protective Equipment

A traffic light signal of the size, colour and type shown in Diagram 3014 in the Regulations shall be provided on the left hand side of the carriageway on each approach to the crossing along the specified road and as close as practicable to the barrier. There shall be an additional traffic light signal of the same type on the right hand side of the specified road on each side of the railway so located as to be either in line with or on the railway side of the stop line mentioned in paragraph 12 below. The traffic light signals on each side of the railway shall be so positioned as to face outwards from the crossing towards approaching road traffic. All the signals shall be capable of directional adjustment.

11A. Particulars of the Barriers and other Protective Equipment

An audible warning device shall be provided on or adjacent to each left hand side traffic light signal post. Facilities shall be provided to reduce the sound output of these devices and any reduced sound output shall operate between 2330 hours and 0700 hours.

12A. Particulars of the Barriers and other Protective Equipment

A reflectorised stop line of the size, colour and type shown in Diagram 1001 in the Regulations shall be provided across the left hand side of the carriageway on each side of the railway not more than 2.5 metres before the left hand traffic light signal.

13A. Particulars of the Barriers and other Protective Equipment

Where the specified road passes over the crossing, reflectorised edge of carriageway markings of the size, colour and type shown in Diagram 1012.1 in the Regulations shall be provided along each edge of each footway.

14A. Particulars of the Barriers and other Protective Equipment

The centre line of the carriageway shall be marked on the crossing between the stop lines mentioned above and for a distance of 12 metres on each side of the railway measured along the centre of the carriageway from the stop lines with a reflectorised double continuous line carriageway marking of the size, colour and type shown in Diagram 1013.1A in the Regulations. The centre line shall be continued for a distance of 42 metres on each side of the railway measured along the centre of the carriageway from the ends of the double continuous line with a reflectorised double line of the size, colour and type shown in Diagram 1013.1D in the Regulations.

15A. Particulars of the Barriers and other Protective Equipment

There shall be a control point on each railway approach to the crossing located so that there is a clear view of the crossing from it.

16A. Particulars of the Barriers and other Protective Equipment

Each control point shall have a keyswitch to energise the system and push buttons to—

(a)

lower the lifting barriers—the ‘lower’ push button,

(b)

raise the lifting barriers—the ‘raise’ push button,

(c)

release the driver’s indicator—the ‘crossing clear’ push button,

(d)

stop the lowering or raising of the lifting barriers—the ‘stop’ push button.

17A. Particulars of the Barriers and other Protective Equipment

Lighting shall be provided as necessary so that during the hours of darkness in conditions of normal visibility it can be seen by the train driver that the crossing is clear before the train proceeds over it.

18A. Particulars of the Barriers and other Protective Equipment

A stop board of standard railway design displaying the words “Stop—await instructions” shall be provided on the western railway approach to the crossing 205 metres before the crossing and on the eastern railway approach to the crossing 187 metres before the crossing. The stop boards shall be provided with Class I retro-reflecting material or shall be illuminated.

19A. Particulars of the Barriers and other Protective Equipment

A lamp shall be provided on the western railway approach to the crossing 142 metres before the crossing and on the eastern railway approach to the crossing 103 metres before the crossing and shall, when lit, show an intermittent yellow light. The yellow lights shall only show if one or other of the control points mentioned in paragraph 15 above has been energised and the power supply has not failed.

20A. Particulars of the Barriers and other Protective Equipment

A stop board of standard railway design displaying the words “Stop—Wait for white light and whistle before proceeding” shall be provided on each railway approach 25 metres before the crossing. The stop boards shall be provided with Class I retro-reflecting material or shall be illuminated.

21A. Particulars of the Barriers and other Protective Equipment

A driver’s indicator shall be provided on each railway approach to the crossing and shall, when lit, show an intermittent white light. The white light shall only show if on each side of the railway at least one of the intermittent red lights in each of the traffic light signals mentioned in paragraph 10 above is lit and the power supply has not failed.

22A. Particulars of the Barriers and other Protective Equipment

An advance warning board of standard railway design shall be provided on each railway approach to the crossing and shall be provided with Class I retro-reflecting material or shall be illuminated.

23A. Particulars of the Barriers and other Protective Equipment

Two independent power supplies shall be provided at the crossing, one of which may consist of standby batteries of sufficient capacity to operate the whole installation for 12 hours.

24A. Particulars of the Barriers and other Protective Equipment

Cattle-cum-trespass guards of standard railway design shall be provided adjacent to the edge of the made up area 200 metres west of the crossing.

25B. Conditions and Requirements to be observed by the Operator.

The surface of the carriageway and footways over the crossing and the made up areas over which road vehicles may pass shall be maintained in a good and even condition. The carriageway shall be 8 metres wide and the footways 2 metres wide.

26B. Conditions and Requirements to be observed by the Operator.

The lifting barriers shall be kept in the fully raised position and the swinging barriers shall be kept closed across the railway except during the time when any vehicle passing along the railway has occasion to cross the specified road or when any authorised road vehicle has occasion to pass along the made up area of the railway. The electric lamps on each lifting barrier shall be lit except when the barriers are fully raised.

27B. Conditions and Requirements to be observed by the Operator.

Visual indicators shall be provided at each control point. The indicators shall show when—

(a)

the main power supply is available,

(b)

all the lifting barriers are fully raised,

(c)

all the lifting barriers are fully lowered, and

(d)

at least one of the intermittent red lights of each of the traffic lights on each side of the railway is showing along the carriageway.

28B. Conditions and Requirements to be observed by the Operator.

When the keyswitch is operated to energise the control point the intermittent yellow lights mentioned in paragraph 19 above shall immediately show and shall continue to show until the sequence described in paragraphs 29 and 30 below has been completed and the control point has been de-energised.

29B. Conditions and Requirements to be observed by the Operator.

When the ‘lower’ push-button of the control point is pressed the sequence of events to close the crossing to road traffic shall begin. The sequence shall be:—

(a)

The amber lights shall immediately show and the audible warning shall begin. The lights shall show for approximately 3 seconds.

(b)

Immediately the amber lights are extinguished the intermittent red lights shall show.

(c)

4 to 6 seconds later the left hand side barriers shall begin to descend and shall take a further 6 to 10 seconds to reach the lowered position.

(d)

The right hand side barriers shall then begin to descend taking 6 to 10 seconds to reach the lowered position.

(e)

The audible warning shall stop when all the barriers are fully lowered.

30B. Conditions and Requirements to be observed by the Operator.

The intermittent red lights shall continue to show until the lifting barriers have begun to rise. The intermittent red lights shall be extinguished before the barriers have risen to an angle of 45 degrees above the horizontal.

31B. Conditions and Requirements to be observed by the Operator.

Drivers shall bring their trains to a halt at the stop boards mentioned in paragraph 18 above and shall not proceed until the intermittent yellow light mentioned in paragraph 19 above shows and they have been hand-signalled forward by the person in charge of the crossing. Drivers shall sound the train’s whistle before proceeding.

32B. Conditions and Requirements to be observed by the Operator.

Drivers shall bring their trains to a halt at the stop boards mentioned in paragraph 20 above. Trains travelling in either direction shall not proceed over the crossing until the intermittent white light of the driver’s indicator mentioned in paragraph 21 above shows. If the white light fails to show, drivers shall proceed with caution when it is safe to do so after they have brought their trains to a stand short of the crossing.

33B. Conditions and Requirements to be observed by the Operator.

If any lifting barrier fails to rise from the lowered position the intermittent red lights shall continue to show.

34B. Conditions and Requirements to be observed by the Operator.

The operator shall give notice in writing to the Secretary of State as soon as the provisions of this Part of this Schedule have been met and the crossing shall be inspected by H M Railway Inspectorate as soon as possible thereafter.

Schedule 4PARTICULARS OF SIGNS TO BE PROVIDED AT THE LEVEL CROSSINGS OF FOOTPATHS

Signs shall be provided on both sides of the railway bearing the words “Stop, look, listen, beware of trains” and shall face towards persons approaching the level crossing.