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Article 3 Incorporation of the Railways Clauses Act in relation to the authorised tramroadI1

England, Wales and Scotland

(1)

The following provisions of the Railways Clauses Consolidation Act 1845f1 are incorporated in this Order and apply to the authorised tramroad—

  • section 68 and 69 (accommodation works by company);

  • section 71 (additional accommodation works by owners);

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

  • section 75 (omitting to fasten gates);

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

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

  • section 145f3 (recovery of penalties).

(2)

In those provisions as incorporated in this Order—

  • “the company” means the promoter;

  • “goods” includes anything conveyed on the authorised tramroad;

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

  • “the special Act” means this Order.

(3)

The following enactments do not apply to the authorised tramroad—

  • the Highway (Railway Crossings) Act 1839f4;

  • in the Railway Regulation Act 1842, section 9f5; and

  • the Regulation of Railways Act 1889f6.

Annotations

Commencement

I1

Art. 3 in force at 16.12.2015, 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).

f4

1839 c. 45.

f5

1842 c. 55.

f6

1889 c. 57.