The Preston Dock Railway Order 2004

Interpretation

2.—(1) In this Order—

“the Council” means the Preston City Council;

“the dock railway system” means the part vested in the Council of the undertaking which was authorised by the North Union and Ribble Navigation Branch Railway Act 1845(1) to carry goods and passengers by rail;

“electronic communications apparatus” has the same meaning as in the electronic communications code as set out in Schedule 2 to the Telecommunications Act 1984(2);

“the existing enactments” means the enactments mentioned in Schedule 1 to this Order;

“the lease” means any lease of the railways granted by the Council to the undertaker pursuant to article 3(1);

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

“Railway No. 1” and “Railway No. 2” mean respectively the railways so numbered and described in Schedule 2 to this Order together with all lands and works relating thereto to the extent that the same are vested in the Council at the date upon which this Order comes into force and are held or used by the Council for the purposes of its railway undertaking;

“the railways” means Railway No. 1 and Railway No. 2, or either of them, as the case may require;

“the swing bridge” means the swing bridge carrying Railway No. 1 and the road known as Navigation Way over the entrance to Preston Dock together with all works and equipment relating thereto;

“the transfer date”, in relation to any part of the railways, means the date on which that part is leased or sold by the Council to the undertaker under article 3;

“the undertaker” means Steamport Southport Ltd, a company incorporated under the Companies Act 1985(3) as a company limited by guarantee and whose registered office is at 3 Lincoln Drive, Old Roan, Liverpool L10 3LJ and following any sale, lease or underlease under article 4 the expression “the undertaker” shall mean or include the transferee within the meaning of that article.

(2) Any enactment by which the railways were authorised, including the existing enactments, shall have effect subject to the provisions of this Order.

(1)

1845 c.cxvi.

(2)

1984 c. 12. Schedule 2 was amended by the New Roads and Street Works Act 1991, Schedule 8 paragraphs 113 and 115 and the Communications Act 2003, Schedule 3.

(3)

1985 c. 6.