Article 3 Incorporation and application of enactments

The following provisions of the Railways Clauses Consolidation Act 1845^f1, so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order:—

• Section 16 (works to be executed);

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

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

• Sections 77 to 85 (provisions with respect to mines lying under or near the railway).

Notwithstanding the provisions of subsection (1) of section 12 of the Light Railways Act 1896, the following enactments shall apply to the Company’s railway:—

• The Regulation of Railways Act 1868^f2—

• Section 22 (means of communication between passengers and the Company’s servants to be provided);

• The Regulation of Railways Act 1889^f3—

• Section 1 (power to order certain provisions to be made for public safety); and

• Section 5 (penalty for avoiding payment of fare).

In its application to the Company’s railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words“and travels more than twenty miles without stopping” were omitted therefrom.

Without prejudice to the generality of the foregoing, sections 116, 117 and 118 of the Transport Act 1968 shall from the transfer date apply to the Company’s railway as if references therein to the Board were references to the Company.