The Bowes Extension Light Railway Order 1994

In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:

• “the Borough Council” means the Gateshead Metropolitan Borough Council in the County of Tyne and Wear;

• “the City Council” means the Sunderland City Council in the County of Tyne and Wear;

• “the Company” means The Bowes Railway Company Limited incorporated under the Companies Act 19853 and whose registered office is at the Town Hall and Civic Centre, Burdon Road, Sunderland, SR2 7DN;

• “the Corporation” means the British Coal Corporation (formerly the National Coal Board);

• “the principal Act” means the Light Railways Act 1896;

• “the former railway” means the former railway of the Corporation described in the Schedule to this Order;

• “the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 4 of this Order and such parts thereof as shall have been constructed for the time being;

• “the Council’s railway” means the railway authorised to be constructed, made and maintained by The Tyne and Wear County Council (Bowes Railway) Light Railway Order 19814 and now operated under powers vested in the Borough Council and the City Council5.

All directions and distances stated in the descriptions of the former 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.

The provisions of the Railways Clauses Consolidation Act 18456 (except sections 8, 9, 11 to 15, 17, 32 to 44, 46 to 67, 94, 95, 97, 112, 113, and 115 to 124), section 22 of the Regulation of Railways Act 18687 (Communication between passengers and 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 18898, 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.

In its application to the Company’s railway 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.

Subject to and in accordance with the provisions of this Order, the Company may on lands leased from the Borough Council and on the same line and levels as the former railway construct, make and maintain a railway together with all necessary works and conveniences connected therewith, including stations, premises, workshops and facilities, and work it as a light railway under the principal Act.

Subject to the provisions of this Order, the Company’s railway or any part of it shall be subject to all statutory and other provisions applicable to the former railway (insofar as they are still subsisting and effective) and the Company shall to the exclusion of the Corporation be entitled to the benefit of and exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the former railway (insofar as aforesaid) with the intent that the Corporation shall be released from all such obligations.

Upon the expiration or sooner determination of any lease of lands granted by the Borough Council to the Company for the purposes of paragraph (1) of this article, the Borough Council shall be subject to all obligations statutory or otherwise relating to the Company’s railway (insofar as they are then still subsisting and effective).

The Company’s railway shall be constructed to a gauge of 1435 millimetres (four feet eight and one half inches).

The Company may construct new footpath and bridleway level crossings at New Quarry, Eighton Banks and Galloping Green where the public footpath and bridleway diverted by the Borough Council parallel to the Company’s railway crosses the Company’s railway.

Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 199112 or any byelaws made under that Act or the Land Drainage Act 199113 in relation to anything done under or in pursuance of this Order;

Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purposes of or in connection with the Company’s railway whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the Company in good repair and condition and free from obstruction;

If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article the Company shall upon receiving notice from the Authority take such action as may be necessary to remedy the effect of the contravention to the Authority’s satisfaction and in default the Authority may itself take such action as may be necessary and recover the expenses reasonably incurred by it in so doing from the Company as a debt due from it to the Authority;

Any dispute or difference which may arise between the Authority and the Company under this article 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 of the Institution of Civil Engineers on application of either party (after notice in writing to the other of them);

The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article.