The Bodmin and Wenford Light Railway Order 1996

Citation and commencement

1.  This Order may be cited as the Bodmin and Wenford Light Railway Order 1996 and shall come into force on 2nd November 1996.

Interpretation

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 Board’s railway” means the railway or former railway of the Board described in Schedule 1 to this Order together with all lands and works relating thereto;

“the Bodmin Company” means the Bodmin and Wenford Railway plc whose registered office is at 6 Harleigh Road, Bodmin, Cornwall, PL31 1AQ;

“the Company” means Bodmin and Wenford Rail Freight Limited incorporated under the Companies Acts 1948 and 1981 whose registered office is at Bodmin General Station, Bodmin, Cornwall, PL31 1AQ;

“the Council” means the North Cornwall District Council;

“the lease” means any lease granted under paragraph (1) of article 6 of this Order, any extension of the same or any new lease of the railway or any part thereof granted under any statutory powers or provisions;

“the operators” means the body for the time being authorised pursuant to the powers of this Order and any lease or sub-lease hereunder to work any part of the railway or to exercise any powers of this Order; and

“the railway” means the railway authorised to be constructed and maintained by the operators pursuant to article 5 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part.

(2) In this Order all distances, lengths, measurements, durations and directions stated in any description of works, powers and lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement, duration or direction.

Incorporation and modification of enactments

3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(1) shall be incorporated in this Order—

• section 16 (works to be executed);

• section 24 (penalty for obstructing construction of railway);

• section 58 (company to repair roads used by them);

• 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);

• sections 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;

• sections 72 and 73 (supplementary provisions relating to accommodation works);

• section 75 (penalty on persons omitting to fasten gates);

• sections 77 to 85E (provisions with respect to mines lying under or near the railway);

• section 105 (carriage of dangerous goods on railway);

• section 145 (penalties to be summarily recovered before two justices); and

• section 154 (transient offenders).

(2) The following provisions of the Railways Clauses Act 1863(2) shall be incorporated in this Order—

• section 5 (trains not to be shunted, etc. over level crossings);

• section 12 (signals, watchmen, etc.).

(3) This Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.

Transfer of rights, etc. from Board

4.  Except as may be otherwise provided in this Order, as from the coming into force of this Order the railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) and the Council shall, subject to articles 6 and 7 below, 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 (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.

Power to construct railway

5.—(1) The operators may on the line of the Board’s railway construct and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway for the carriage of freight only under the Act and in accordance with the provisions of this Order.

(2) The railway will be laid on the same levels as, and within the existing formation of, the Board’s railway.

Leasing of railway to Company

6.—(1) The Council may lease to the Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Council by article 4 of this Order on such terms and conditions as may be agreed between the Council and the Company.

(2) During the continuance of the lease the Company shall, subject to article 7 below, to the exclusion of the Council be entitled to the benefit of and to exercise all rights, interests, powers and privileges and be subject to all obligations statutory or otherwise as are transferred to or conferred on the Council by this Order and are for the time being in force in respect of the railway or such part thereof as is comprised in the lease.

Sub-letting of railway to Bodmin Company

7.—(1) During the continuance and subject to the terms of the lease the Company may sub-let to the Bodmin Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Company in accordance with article 6 above on such terms and conditions as may be agreed between the Company and the Bodmin Company.

(2) During the continuance of any sub-lease granted under paragraph (1) above the Bodmin Company shall to the exclusion of the Company be entitled to the benefit of, and to exercise all such rights, interests, powers and privileges and be subject to all such obligations of the Company whether statutory or otherwise as are transferred to or conferred on the Company pursuant to article 6 above and are for the time being in force in respect of the railway or such part thereof as is comprised in the sub-lease.

Gauge of railway and motive power

8.—(1) The railway shall be constructed and operated on the standard gauge of 1435 millimetres (4 feet 8½ inches) and, subject to the provisions of this article, the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve.

(2) Nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.

(3) If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984(3) or with telecommunication by means of such apparatus.

Level crossings

9.—(1) The operators may in the construction of the railway carry the same with a single line of rails across and on the level of the roads and footpaths mentioned in column 1 of Schedule 2 below, and situated in the local authority areas, and at the locations, mentioned respectively in columns 2 and 3 of that Schedule.

(2) Notwithstanding anything in any enactment and except as hereinafter provided:—

(a) the operators shall not be required to erect or maintain a station or lodge or to provide keepers at any of the said level crossings;

(b) the operators shall provide, maintain and operate, at each level crossing mentioned in Part I of Schedule 2 below, the signs and other devices and appliances specified in the Part of Schedule 3 below relating to that crossing, and shall observe the conditions and requirements so specified in relation to the use and operation of that crossing;

(c) the operators shall provide, at each level crossing mentioned in Part II of Schedule 2 below, the signs specified in Schedule 4 below.

(3) In Schedule 3 to this Order—

(a) references to “the Regulations” are references to the Traffic Signs Regulations and General Directions 1994(4);

(b) references to Class I retro-reflecting material are to Class I retro-reflecting material as defined in British Standard 873 part 6 or an equivalent standard;

(c) references to “the specified road” are references to the road to be crossed by the railway at the relevant crossing.

Signed by authority of the Secretary of State for Transport

R A Allan

An Under Secretary,

Department of Transport

1st November 1996