5.—(1) Subject to the provisions of this Order, the Company may, on the line of the Board’s railway, construct, make and maintain the railway hereinafter described in the lines and according to the levels and within the limits of deviation shown on the deposited plan and deposited section, and with all proper rails, plates, sidings, junctions, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith.
(2) The said railway is:—
A railway in the District of Purbeck, County of Dorset, 3 and a half miles in length, commencing at Harman’s Cross, in the Parish of Worth Matravers, by a junction with the Swanage Light Railway of the Company, and terminating at Furzebrook, in the Parish of Church Knowle, by a junction with the surviving portion of the Swanage branch railway of the Board.
(3) Subject to the provisions of this Order, the Company’s railway, or any part thereof, shall be subject to all statutory and other provisions applicable to the Board’s railway, or any part thereof, (insofar as the same are still subsisting and capable of taking effect) and:—
(a)during the continuance of any lease granted under article 4(2) of this Order, the Company shall, to the exclusion of the Board, be entitled to the benefit of, and to exercise all rights, powers and privileges, and be subject to all obligations, statutory or otherwise, relating to the Board’s railway, or any part thereof so leased (insofar as the same is still subsisting and capable of taking effect), and
(b)in the event that any such lease is terminated, the Council shall, to the exclusion of the Board and insofar as aforesaid, be entitled to the benefit of the said rights and shall be subject to the said obligations, to the intent that the Board shall be released from all such obligations in either case.