Croydon Tramlink Act 1994

4 Application of Tramways Act 1870

(1) Subject as provided in subsection (2) below, the following provisions of Parts II and III of the Act of 1870, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Act, apply to any tramway, and for that purpose are incorporated with and form part of this Act:—

• sections 25, 26, 29 and 30, 34, 41, 49, 50, 53, 54 and 57.

(2) (a) In the provisions of the Act of 1870 applied by subsection (1) above, the expression “the special Act” means this Act and “the promoters” means the Corporation.

(b) The provisions of the Act of 1870 applied by subsection (1) above shall have effect subject to the following modifications:—

(i) in section 25, for the words “the road”, there shall be substituted the words “the part of the road in which it is laid” and the words from “and shall not be opened” to the end of that section shall be omitted;

(ii) in section 26, for the words from “the following regulations” to the end of the section, there shall be substituted the words “the provisions of the special Act”;

(iii) in section 30, for the words from “also subject to” to the end of the section, there shall be substituted the words “the special Act”;

(iv) in section 34, the words from “No carriage used” to the end of the section shall be omitted;

(v) in sections 49, 50, 53 and 54, for the penalty specified in each of those sections, there shall be substituted a fine not exceeding level 3 on the standard scale and in the said section 54 the words from “or under licence” to “by this Act provided” shall be omitted.

(3) This section shall have effect notwithstanding the repeal by the [1992 c. 42.] Transport and Works Act 1992 of the provisions of the Act of 1870 referred to in subsection (1) above.