The Peak Rail Light Railway Order 1991

Incorporation and application of enactments

3.—(1) Subject to the provisions of this Order the provisions of the Railways Clauses Consolidation Act 1845(1) (except sections 8, 17, 46, 49, 50, 51 and 52) are hereby incorporated with, and form part of, this Order.

(2) In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated with this Order:–

(a)Sections 7, 9, 10 and 162 shall be read, construed and have effect as if any reference to the clerks of the peace is a reference to the proper officer of the County Council;

(b)Sections 78 to 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923(2).

(3) Notwithstanding the provisions of subsection (1) of section 12 of the principal Act, the following enactments shall apply to the Company’s Railway:–

• The Regulation of Railways Act 1868(3)–

  • Section 22 (means of communication between passengers and the Company’s servants to be provided);

• The Regulation of Railways Act 1889(4)–

  • Section 1 (power to order certain provisions to be made for public safety);

  • Section 5 (penalty for avoiding payment of fare).

(4) In its application to the Company’s Railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.