Article 3 Incorporation of Railways Clauses Acts

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

• section 58 (company to repair roads used by them), except for the words from “if any question” to the end;

• sections 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^f2;

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

• section 145 (recovery of penalties); and

• section 154 (transient offenders).

Section 5 of the Railways Clauses Act 1863^f3 (level crossings) shall be incorporated in this Order.

In those provisions, as incorporated in this Order—

• “the company” means the Commissioners;

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

• “the railway” means any railway authorised to be constructed by this Order and any other authorised works; and

• “the special Act” means this Order;

The following enactments shall not apply to the railway—