OpenLegislation

Section 4 Power to alter engineering works.C4C1C2C3

Notwithstanding anything in the said Railways Clauses Consolidation Acts, respectively contained, the company, in the construction of the railway may deviate from the line or level of any arch, tunnel or viaduct, described on the deposited plans or sections, so as the deviation be made within the limits of deviation shown on those plans, and subject to the limitations contained in sections eleven, twelve, and fifteen of those Acts respectively, and so as the nature of the work described be not altered, and may also substitute any engineering work not shown on the deposited plans or sections, for an arch, tunnel, or viaduct, as shown thereon; provided, that every such substitution be authorized by a certificate of the Board of Trade; and the Board of Trade may grant such certificate in case it appears to them, on due inquiry, that the company has acted in the matter with good faith, and that the owners, lessees, and occupiers of the lands in which the substitution is intended to be made consent thereto, and also that the safety and convenience of the public will not be diminished thereby.

Provided, that nothing in the present section shall affect any power given to the company or to the Board of Trade by section eleven, twelve, fourteen, or fifteen of the last-mentioned Acts respectively.

Annotations

Modifications

C1

Ss. 3-5, 12 incorporated (with modifications) (29.4.1992) by S.I. 1992/1113, art. 3(1).

S. 4 incorporated (with modifications) (27.7.1993) by 1993 c. xv, s.3

C2

S. 4 incorporated (with modifications) (21.7.1994) by 1994 c. xi, s. 3(1)(2)(c) (with s. 39)

S. 4 incorporated (with modifications) (21.7.1994) by 1994 c. xv, s. 3(1)(2)(d)

C3

S. 4 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 5

C4

Functions of Board of Trade now exercisable by Minister of Transport: Ministry of Transport Act 1919 (c. 50), s. 2, S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793), art. 3(2), 1970/1681, art. 2(1) and 1979/571, art. 2(1)

Notes on Part I

Modifications

C1

Part I, except ss. 13-19, incorporated by Heathrow Express Railway Act 1991 (c. vii), s. 3(1)(b)

C2

Part I, except ss. 13-19, incorporated (with modifications) by London Underground (Safety Measures) Act 1991 (c. xviii), s. 3(1)(c)

C3

Part I, except ss. 13, 14, 18, 19, incorporated by London Docklands Railway Act 1991 (c. xxiii), s. 3(1)(c)

C4

Pt. I (ss. 3-19), except ss. 13-19, incorporated (with modifications) (13.2.1992) by British Railways Act 1992 (c. i), s. 3(1)(b)(2).

C5

Pt. I (ss. 3-19), except ss. 13, 14, 18, 19, incorporated (with modifications) (16.3.1992) by London Underground Act 1992 (c. iii), s. 3(1)(c)(2).

C6

Pt. I (ss. 3-19), except ss. 14-17, incorporated (with modifications) (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), s. 3(1)(b)(2)(a).

Pt. I (ss. 3-19), except ss. 13-19, incorporated (with modifications) (29.3.1993) by 1993 c. iv, s. 3(1)(2)

Pt.I, except ss. 13, 14, 18 and 19 thereof, incorporated (27.5.1993) by 1993 c. vii, s. 3(1)(c)(2)

C7

Pt. I, except ss. 13, 14, 18, 19 thereof, incorporated (with modifications) (24.3.1994) by 1994 c. i, s. 3(1)(c)(2)(a) (with ss. 29, 30, 34(2)(15))

Pt. I, (ss. 1-19) incorporated (with modifications) (18.12.1996) by 1996 c. 61, s. 20, Sch. 9 Pt. I para. 2

Pt. I, except ss. 13, 14, 18, 19 thereof, incorporated (with modifications) (24.3.1994) by 1994 c. ii, s. 3(1)(c)(2)(a) (with ss. 25, 27(5))

Pt. I, except ss. 13, 14, 18, 19 thereof, incorporated (with modifications) (24.3.1994) by 1994 c. iii, s. 3(1)(c)(2)(a) (with ss. 27, 29)

Pt. I, except ss. 13, 14, 18, 19, thereof, incorporated (with modifications) (31.3.1994) by 1994 c. iv, s. 3(1)(b)(2)(a) (with s. 28)

C8

Pt. I incorporated (S.) (11.8.2004) by Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004 (asp 10), s. 37(1)(c) (with s. 33)

C9

Pt. I incorporated in part (S.) (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 47 (with s. 50)

C10

Pt. I incorporated in part (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 11 para. 4