The Kinneil and Manuel Light Railway Order 1988

Application and incorporation of enactments

5.—(1) Subject to the provisions of this Order such of the enactments set out in the Second Schedule to the Light Railways Act 1896 as are still in force shall cease to apply to Railway No. 1 except for section 22 of the Regulation of Railways Act 1868(1) (means of communication between passengers and the Company’s servants to be provided) and section 1 (power to order certain provisions to be made for public safety) and section 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889(2).

(2) Sections 16, 60, 68, 79, 80, 105 and 106 of the Railway Clauses Consolidation (Scotland) Act 1845(3) (Works to be executed: gates, bridges, etc., fences, drains and watering places; Penalty on persons omitting to fasten gates; Company to employ locomotive power, carriages, etc.; Company empowered to contract with other companies; Exercise of power to lease the railway; Powers vested in company to be exercised by lessees) are incorporated and applied to Railway No. 2, Railway No. 3 and Railway No. 4 and form part of this Order as far as the same are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order. Section 22 of the Regulation of Railways Act 1868 (means of communication between passengers and the Company’s servants to be provided) and section 1 (power to order certain provisions to be made for public safety) and section 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 are also incorporated and applied to Railway No. 2, Railway No. 3 and Railway No. 4.

(3) In its application to the Company’s railways the said section 22 of the Regulation of Railways Act 1868 shall be read and construed to have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.

(4) Sections 116, 117, 118 and 119 of the Transport Act 1968 shall apply to the Company’s railways, provided that references therein to the Board shall, during the currency of any lease granted under article 6 of this Order and in respect of any part of the Company’s railways subject to such a lease, be construed as references to the Society, and during such time as any part of the Company’s railways is not subject to such a lease and in respect of any part of the Company’s railways not so subject to such a lease, be construed as references to the Company.

(1)

1868 c. 119.

(2)

1889 c. 57.

(3)

1845 c. 33.