The Port of Blyth (Battleship Wharf Railway) Order 2006

Incorporation of Railways Clauses Acts

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

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

• 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(2);

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

• section 145 (recovery of penalties); and

• section 154 (transient offenders).

(2) Section 5 of the Railways Clauses Act 1863(3) (level crossings) shall be incorporated in this Order.

(3) In those provisions, as incorporated in this Order—

“the company” means the Commissioners;

“goods” includes any thing conveyed on the railway;

“the railway” means any railway authorised to be constructed by this Order and any other authorised works; and

“the special Act” means this Order;

(4) The following enactments shall not apply to the railway—

(a) the Highway (Railway Crossings) Act 1839(4); and

(b) section 9 of the Railway Regulation Act 1842(5).

(1)

1845 c. 20.

(2)

1923 c. 20.

(3)

1863 c. 92.

(4)

1839 c. 45.

(5)

1842 c. 55.