PART 1PRELIMINARY

Incorporation of the Railway Clauses Acts3

1

The following provisions of the Railways Clauses Consolidation Act 184511 are incorporated in this Order—

a

section 5812 (company to repair roads used by them), except for the words from “and if any question” to the end;

b

section 7513 (penalty on persons omitting to fasten gates);

c

section 77 (company not to be entitled to minerals, unless expressly purchased);

d

sections 78 to 85E14 and Schedules 1 to 3 (minerals under railways); and

e

section 14515 (penalties to be summarily recovered before two justices).

2

In those provisions, as incorporated in this Order—

  • “the company” means Network Rail;

  • “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; and

  • “the special Act” means the Order.