Article 3 Incorporation of Railways Clauses Acts

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

• section 46 (crossing of roads—level crossings);

• section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;

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

• section 68 (accommodation works by company);

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

• section 145 (recovery of penalties); and

• section 154 (transient offenders).

Section 5 of the Railways Clauses Act 1863^f2 shall be incorporated in this Order.

In the above provisions, as incorporated in this Order—

• “the company” means the Council;

• “goods” includes any thing conveyed on the railway authorised to be constructed by this Order;

• “lease” includes an agreement for a lease;

• “prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;

• “the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;

• “the special Act” means this Order;

• “toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on the railway.

In section 46 of the Railways Clauses Consolidation Act 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.