3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(1), so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order:—
Section 16 (works to be executed);
Section 61 (Company to make sufficient approaches and fences to such highways crossing on the level);
Section 68 (maintenance of gates, bridges, fences, drains, watering places);
Section 75 (penalty on persons omitting to fasten gates); and
Sections 77 to 85 (provisions with respect to mines lying under or near the railway).
(2) Notwithstanding the provisions of subsection (1) of section 12 of the principal Act, the following provisions shall apply to the railway:—
The Regulation of Railways Act 1868(2)—
Section 22 (means of communication between passengers and railway servants);
The Regulation of Railways Act 1889(3)—
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
(3) In its application to the railway, section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
(4) Sections 116 to 118 of the Transport Act 1968 shall apply to the railway as if for references therein to the Board there were substituted references to the operators.