The Bowes Extension Light Railway Order 1994

Power to make railway

4.—(1) Subject to and in accordance with the provisions of this Order, the Company may on lands leased from the Borough Council and on the same line and levels as the former railway construct, make and maintain a railway together with all necessary works and conveniences connected therewith, including stations, premises, workshops and facilities, and work it as a light railway under the principal Act.

(2) Subject to the provisions of this Order, the Company’s railway or any part of it shall be subject to all statutory and other provisions applicable to the former railway (insofar as they are still subsisting and effective) and the Company shall to the exclusion of the Corporation be entitled to the benefit of and exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the former railway (insofar as aforesaid) with the intent that the Corporation shall be released from all such obligations.

(3) Upon the expiration or sooner determination of any lease of lands granted by the Borough Council to the Company for the purposes of paragraph (1) of this article, the Borough Council shall be subject to all obligations statutory or otherwise relating to the Company’s railway (insofar as they are then still subsisting and effective).