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5.—(1) Subject to the provisions of this Order, the Company may on lands leased or to be leased to the Company construct, make and maintain the railway hereinafter described in the line and according to the levels and within the limits of deviation shown on the deposited plans and the deposited sections and with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities; and may enter into agreements with any other person or body for such purposes.
(2) The said railway is a passenger carrying railway 5.39 kilometres or thereabouts in length commencing at a point not less than 39 metres east of the easternmost abutment of the bridge over Copley Lane in the parish of Kirkburton and terminating at the former railway station to the west of Long Lane in Clayton West in the parish of Denby Dale in the Borough of Kirklees in the County of West Yorkshire.
(3) Subject to the provisions of this Order, the Company’s railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) and during the continuance of any lease granted under article 4(1) of this Order, the Company shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subje ct to all obligations statutory or otherwise relating to the Board’s railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations and in the event of such lease being terminated the Council shall likewise, to the exclusion of the Board and to the same intent, be entitled to the benefit of the said rights, powers and privileges and be subject to the said obligations.
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