PART 1PRELIMINARY

Incorporation of the Railway Clauses Acts3.

(1)

The following provisions of the Railways Clauses Consolidation Act 184512 are incorporated in this Order—
  • section 5813 (company to repair roads used by them), except for the words from “and if any question” to the end;

  • section 61 (company to make sufficient approaches and fences to highways crossing on the level);

  • section 68 (accommodation works by company);

  • section 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”;

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

  • section 7514 (omission to fasten gates);

  • section 77 (presumption that minerals excepted from acquisition of land);

  • sections 78 to 85E15 and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 192316;
  • section 10317 (refusal to quit carriage at destination);

  • section 105 (carriage of dangerous goods on railway), except for the words from “and if any person” to “for every such offence”; and

  • section 14518 (recovery of penalties).

(2)

Section 12 (signals, watchmen etc.) of the Railways Clauses Act 186319 is incorporated in this Order.

(3)

In those provisions, as incorporated in this Order—

“the company” means Network Rail;

“goods” includes any thing conveyed on the railway authorised to be constructed by this Order;

“lease” includes an agreement for a lease;

“prescribed”, in relation to any such provision means prescribed by this Order for the purposes of that provision;

“the railway” means any railway authorised to be constructed by this Order and any other authorised works;

“the special Act” means this Order; and

“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.