Article 3 Incorporation of general Acts

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

• section 24 (obstructing construction of railway);

• 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 68 (accommodation works by company);

• section 75 (omission to fasten gates);

• section 77 (presumption that minerals excepted from acquisition of land);

• sections 78 to 85 (as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923^f2);

• sections 103 and 104 (refusal to quit carriage at destination);

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

• section 145 (recovery of penalties); and

• section 154 (transient offenders).

In those provisions, as incorporated in this Order—

• “the company” means the Council;

• “goods” includes any thing conveyed on the railway;

• “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; 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 the railway authorised to be constructed by this Order.

In its application to the railway, section 24 of the said Act of 1845 shall have effect as if the maximum fine which may be imposed on summary conviction of an offence under that section were, instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.

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”.

The following enactments shall not apply to the railway—

Without prejudice to the foregoing provisions of this article, sections 116 to 118 of the Transport Act 1968^f6 shall apply to the railway as if references in those sections to the Board were references to the Council.