1.—(1) This Order may be cited as the Lydney and Parkend Light Railway (Extension and Amendment) Order 1994 and shall come into force on 14th May 1994.
(2) The Lydney and Parkend Light Railway Order 1985(1) and this Order may be cited together as the Lydney and Parkend Light Railway Orders 1985 and 1994.
2.—(1) In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:–
“the Board” means the British Railways Board;
“the bypass crossing” means the level crossing described in article 9 of this Order;
“the carriageway” means the carriageway of the specified road;
“the Clerk of Works” means the person for the time being supervising the construction of the bypass crossing on behalf of the County Council;
“the Company” means Forest of Dean Railway Limited incorporated under the(2)) and whose registered office is at Brunel House, George Street, Gloucester GL1 1BZ;
“the Company’s new railways” means (i) Railway No. 4 or any part of it vested in the Company by virtue of an agreement made pursuant to article 4(1) of this Order and (ii) such part or the whole of the railway authorised by article 5 of this Order as shall have been constructed for the time being;
“the Company’s railway” means the railways comprising Railways Nos. 1, 2 and 3 together with the Company’s new railways;
“the County Council” means the Gloucestershire County Council;
“the deposited plan” means the plan and section deposited with the Secretary of State on the application for this Order in respect of the bypass crossing;
“the enabling Acts” has the same meaning as assigned thereto by the principal Order with the addition of the Severn Bridge Railway Act 1872(3);
“the Line Controller” means the person for the time being in charge of train movements on the Company’s railway;
“Parkend crossing” means the level crossing described in article 10 of this Order;
“the principal Act” means the Light Railways Act 1896;
“the principal Order” means the Lydney and Parkend Light Railway Order 1985;
“Railtrack” means Railtrack Plc incorporated under the Companies Act 1985 and having its registered offices at 40 Bernard Street, London WC1N 1BY;
“Railway No. 1” has the meaning assigned to it by the principal Order as redefined by this Order;
“Railway No. 2” and “Railway No. 3” have the respective meanings assigned to them by the principal Order;
“Railway No. 4” means the Railway No. 4 described in Schedule 1 to this Order;
“Railway No. 5” means the Railway No. 5 described in Schedule 1 to this Order and, after the construction of the railway authorised by article 5 of this Order, that railway;
“the Regulations” means the Traffic Signs Regulations and General Directions 1981(4)
“the specified road” means the road at the bypass crossing;
“train” means–
2 or more items of rolling stock coupled together, at least one of which is a locomotive; or
a locomotive not coupled to any other rolling stock;
“the transfer date” means the day on which Railway No. 4 or any part of it is vested in the Company by virtue of an agreement made pursuant to article 4(1) of this Order;
(2) In this Order the expressions “left hand side” and “right hand side” shall be construed as they would appear to a person approaching the bypass crossing along the specified road.
(3) In this Order all directions and distances stated in the description of any railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.
3.—(1) The provisions of the Railways Clauses Consolidation Act 1845(5) (except sections 8, 9, 11 to 15, 17, 32 to 44, 46 to 49, 53 to 57, 59 and 60, 69 to 74, 94, 95, 97 and 115 to 124) are incorporated with and form part of this Order, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, and this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.
(2) The said incorporated provisions (so far as they may not already so apply) shall apply also to the Company’s railway as such expression is defined by the principal Order, and that Order is hereby amended accordingly.
(3) Subject to the provisions of this Order such of the enactments mentioned in the Second Schedule to the principal Act as are still in force shall not apply to the Company’s new railways except for section 22 of the Regulation of Railways Act 1868(6) (means of communication -between passengers and Company’s servants to be provided) and sections 1 (power to order certain provisions to be made for public safety) and 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889(7).
(4) In its application to the Company’s new railways section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” had been omitted.
4.—(1) The Board and the Company may enter into and carry into effect agreements providing for the transfer to and vesting in the Company of Railway No. 4 or any part of it on such terms and conditions as may be agreed between the Board and the Company.
(2) As from the transfer date 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 of the Board whether statutory or otherwise for the time being in force in respect of Railway No. 4 or such part of it as is transferred as aforesaid.
(3) Subject to the provisions of this Order, as from the transfer date the Company may work Railway No. 4 as a light railway under the principal Act.
5. Subject to and in accordance with the provisions of this Order, the Company may on lands leased from the Forestry Commission and over the public road referred to in article 10 of this Order and on the same line and levels as Railway No. 5 and within the existing formation of that former railway construct, make and maintain a railway together with all necessary works and conveniences connected therewith, including a station, premises, workshops and facilities, and work it as a light railway under the principal Act.
6. The Company’s new railways shall be maintained and operated on a gauge of 1,435 millimetres (4 feet 8½ inches) and the motive power shall be steam or internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power unless such power is obtained from storage batteries or from of a source of generation entirely contained in and carried along with the engine and carriages;
Provided also that, if electrical power is used as motive power on the Company’s new railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus (as defined in Schedule 2 to the Telecommunications Act 1984(8)) or with telecommunication by means of such apparatus.
7. No part of the Company’s new railways shall be used for the conveyance of passengers without the permission in writing of the Secretary of State and the Company shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the Company’s new railways.
8. Railway No. 1 shall include any vertical or horizontal deviation of track connected with the taking of the road intended to be known as the Lydney Bypass over Railway No. 1 in accordance with article 9 below, provided that any such deviation is within the limits referred to in that article.
9.—(1) The Company may on lands belonging to or leased to the Company make and maintain the bypass crossing as described in Schedule 2 to this Order at the location, on the alignment and within the limits of deviation shown on the deposited plan and at the same levels (save as otherwise provided by this Order) as the existing Railway No. 1 and Railway No. 4, together with all such approaches and plant and other works and conveniences as it may be necessary or convenient to construct in connection with it.
(2) In the construction of the bypass crossing the Company may deviate laterally from the location or alignment of the work shown on the deposited plan within the limits of deviation shown thereon and may also deviate vertically in the construction of the work from the levels of the existing railway to any extent not exceeding 1 metre upwards and 1 metre downwards.
(3) The Company and the County Council may enter into and carry into effect agreements providing for the construction of the bypass crossing, and for the dedication of the bypass crossing as a public highway subject to the rights and powers to maintain and operate the Company’s railway by virtue of the principal Order and this Order, and for the installation, operation and maintenance of any gates, barriers, lights, traffic signs and other devices and appliances referred to in this article.
(4) (a) The Company may make provision for the County Council to use the bypass crossing to give access and accommodation to the works to be undertaken by the County Council in the construction of the public road referred to in Schedule 2 to this Order.
(b)Such access and accommodation shall be by means of a temporary level crossing on the same alignment and level and within the same limits of deviation as those referred to in paragraphs (1) and (2) of this article.
(5) The following provisions, being provisions which in the opinion of the Secretary of State are necessary or expedient for the safety of those using the bypass crossing, shall apply in respect of the bypass crossing:–
(a)The Company shall, during the period in which the County Council is engaged in works to provide the new road referred to in Schedule 2 to this Order, provide, operate and maintain the protective equipment which is specified in Part I of Schedule 3 to this Order.
(b)The Company shall provide, and shall from the time when the works referred to on sub-paragraph (a) above are completed and thereafter so long as this Order continues in force operate and maintain the protective equipment which is specified in Part II of Schedule 3 to this Order.
(c)The Company shall during the period of works mentioned in sub-paragraph (a) above observe the conditions and requirements specified in Part III of Schedule 3 to this Order, and thereafter shall observe the conditions and requirements specified in Part IV of Schedule 3 to this Order.
(d)There shall be no interval of time between the discontinuance of the provisions of Part I and the commencement of the provisions of Part II of Schedule 3 to this Order.
(6) Nothing contained in or incorporated with this Order shall require the provision of any building or keeper at the bypass crossing.
10.—(1) The Company may in the construction of Railway No. 5 carry the same with a double line of rails across and on the level of the Yorkley Road immediately north of Parkend station.
(2) The Company shall erect and at all times maintain good and sufficient gates across the Company’s railway at each side of the highway at the crossing of the highway at Parkend crossing, and in connection with such level crossing the provisions set out in Schedule 4 to this Order shall apply.
(3) Nothing in this Order shall require the provision of any building or keeper at Parkend crossing.
(4) Subject to the provisions of this Order the Company may, during and for the purpose of the execution of the works for the purposes of or in connection with Parkend crossing, stop up and divert and interfere with temporarily all or any part of the carriageway or footway of the highway within the area of the level crossing and may for any reasonable time divert the traffic therefrom and prevent all persons other than those going bona fide to any premises abutting on the highway from passing along and using the same.
(5) The Company shall provide reasonable access for persons on foot going bona fide to any such premises.
(6) (a) The Company shall not exercise the powers of this article without the consent of the County Council.
(b)Any such consent may be given subject to such reasonable conditions as the County Council may require but shall not be unreasonably withheld and any question whether such consent has been unreasonably withheld, or whether any such condition is reasonable, shall be referred to and determined by a single arbitrator to be agreed upon between the parties or, failing such agreement, to be appointed by the President for the time being of the Institution of Civil Engineers on the application of either party (after notice in writing has been given to the other party).
11. Nothing in this Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part I of the Gas Act 1986(9), in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the Company’s railway is constructed.
12. In the working of Railway No. 4 the Company shall comply with the reasonable requirements of Railtrack to ensure the continued safe, economic and unhindered operation of Railtrack’s Gloucester to Chepstow railway.
Signed by authority of the Secretary of State for Transport
J.R. Coates
An Under Secretary,
Department of Transport
13th May 1994