{
  "url": "https://openlegislation.uk/felixstowe-branch-line-and-ipswich-yard-improvement-order-2008/article-3",
  "json_url": "https://openlegislation.uk/felixstowe-branch-line-and-ipswich-yard-improvement-order-2008/article-3.json",
  "legislation": "uksi/2008/2512",
  "legislation_title": "The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008",
  "legislation_url": "https://openlegislation.uk/felixstowe-branch-line-and-ipswich-yard-improvement-order-2008",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Incorporation of Railways Clauses Acts",
  "text": "(1) The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order—\nsection 46 (crossing of roads—level crossings), subject to paragraph (4);\nsection 58 (company to repair roads used by them), except for the words from “and if any question” to the end;\nsection 61 (company to make sufficient approaches and fences to highways crossing on the level);\nsection 68 (accommodation works by company);\nsection 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”;\nsections 72 and 73 (supplementary provisions relating to accommodation works);\nsection 75 (omission to fasten gates);\nsection 77 (presumption that minerals excepted from acquisition of land);\nsections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923;\nsections 103 and 104 (refusal to quit carriage at destination);\nsection 105 (carriage of dangerous goods on railway);\nsection 145 (recovery of penalties); and\nsection 154 (transient offenders).\n(2) The following provisions of the Railways Clauses Act 1863 shall be incorporated in this Order—\nsections 5 and 7 (level crossings); and\nsection 12 (signals, watchmen etc.).\n(3) In those provisions, as incorporated in this Order—\n“the company” means the undertaker;\n“goods” includes any thing conveyed on the railway authorised to be constructed by this Order;\n“lease” includes an agreement for a lease;\n“prescribed”, in relation to any such provision means prescribed by this Order for the purposes of that provision;\n“the railway” means the railway as defined in article 2(1);\n“the special Act” means this Order;\n“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.\n(4) In section 46 of the said Act of 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.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1845 c. 20."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1923 c. 20."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1863 c. 92."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/2512/article/3",
    "retrieved_at": "2026-10-29T03:24:18.273578+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}