Article 3 Incorporation and modification of enactments

The following provisions of the Railways Clauses Consolidation Act 1845^f1, so far as the same are applicable for the purposes of 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 61 (company to make sufficient approaches and fences to such highways crossing on the level);

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

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

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

The following provisions shall apply to the railway:—

• Regulation of Railways Act 1868^f2

  • Section 22 (means of communication between passengers and railway servants);

• 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 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.