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Article 3 Incorporation of the Railways Clauses Consolidation Act 1845I1

England and Wales

(1)

The following provisions of the Railways Clauses Consolidation Act 1845f1 are incorporated into this Order as follows—

  • sections 87 and 88 (contracts with other companies);

  • section 97 (default in payment of tolls);

  • section 103f2 (refusal to quit carriage at destination);

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

  • section 144 (defacing of boards); and

  • section 145f3 (recovery of penalties).

(2)

In those provisions as incorporated in this Order—

  • “the company” means the Authority;

  • “goods” includes any thing conveyed on the authorised tramway;

  • “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 the authorised tramway, together with any authorised works ancillary to the authorised tramway;

  • “the special Act” means this Order; and

  • “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 authorised tramway to be constructed under this Order.

Annotations

Commencement

I1

Art. 3 in force at 2.8.2016, see art. 1

Footnotes

f1

1845 c. 20.

f2

Section 103 was amended by the Statute Law Revision Act 1892 (c. 19), part 3 of Schedule 7 to the Justices of the Peace Act 1949 (c. 101) and section 46 of the Criminal Justice Act 1982 (c. 48).

f3

Section 145 was amended by the Statute Law Revision Act 1892 (c. 19) and part 2 of Schedule 12 to the Transport Act 1962 (c. 46).