The Bodmin Railway Centre Light Railway Order 1989

Public liability insurance

9.—(1) In this article–

“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982(1) to carry on in Great Britain or in Northern Ireland insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;

“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the railway of not less than one million pounds.

(2) (a)  The operator shall not work the railway unless there is in force a policy in accordance with the provisions of this article.

(b) In default of compliance with the provisions of this paragraph the operator shall be liable on summary conviction to a fine not exceeding two thousand pounds and on conviction on indictment to a fine.

(3) The Trust shall while it is the operator–

(a)at all times maintain a policy approved by the Council in the joint names of the Trust and the Council and in default thereof the Council may (without prejudice to any other powers granted under this Order) effect and maintain such policy and pay the premiums payable in respect thereof so that the premiums so paid and all incidental expenses shall be repaid by the Trust to the Council on demand;

(b)at the request of the Council produce to the Council such evidence as may be requisite for the purpose of proving compliance with the provisions of this paragraph.

(4) The Company shall while it is the operator–

(a)at all times maintain a policy approved by the Trust and the Council in the joint names of the Company, the Trust and the Council and in default thereof the Council or the Trust may (without prejudice to any other powers granted under this Order) effect and maintain such policy and pay the premiums payable in respect thereof so that the premiums so paid and all incidental expenses shall be repaid by the Company to the Council or the Trust, as the case may be, on demand;

(b)at the request of the Council or the Trust produce to the Council or the Trust such evidence as may be requisite for the purpose of proving compliance with this paragraph.

(5) Notwithstanding and without prejudice to the provisions of this article, the Council and the Trust or any of them may while the railway is sub-let to the Company effect and maintain a public liability policy in their own name with an insurer providing such cover for such period or periods and generally in such manner as they may from time to time determine.

(6) The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the operator.