The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003

Incorporation of enactments relating to railways

3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(1) shall be incorporated in this Order—

• section 24 (obstructing construction of railway);

• (subject to paragraph (4)), section 46 (crossing of roads and construction of bridges)

• section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;

• section 68 (accommodation works by company);

• section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;

• sections 72 and 73 (supplementary provisions relating to accommodation works);

• section 75 (omission to fasten gates);

• section 77 (presumption that minerals exempted from acquisition of land);

• sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923;

• section 105 (carriage of dangerous goods on railway);

• section 145 (recovery of penalties);

(2) The following provision of the Railways Clauses Act 1863(2) shall be incorporated in this Order—

• section 12 (signals, watchmen etc.).

(3) In that provision, as incorporated in this Order—

“the company” means the undertaker;

“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works.

(4) In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always that the plans and specification of such works are subject to the approval of the highway authority and subject to such conditions as the authority may reasonably impose”.

(1)

1845 c. 20.

(2)

1863 c. 92.