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Article 3 Incorporation of Railways Clauses Acts

Original text. Later amendments are not shown.

(1)

The following provisions of the Railways Clauses Consolidation Act 1845f1 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 1923f2;

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

  • section 145 (recovery of penalties); and

  • section 154 (transient offenders).

(2)

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

(3)

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;

(4)

The following enactments shall not apply to the railway—

(a)

the Highway (Railway Crossings) Act 1839f4; and

(b)

section 9 of the Railway Regulation Act 1842f5.

Annotations

Footnotes

f1

1845 c. 20.

f2

1923 c. 20.

f3

1863 c. 92.

f4

1839 c. 45.

f5

1842 c. 55.