Search Legislation

Railways Clauses Consolidation Act 1845

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Railways Clauses Consolidation Act 1845. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

  1. Introductory Text

  2. 1. Operation of this Act confined to future railways.

  3. Interpretations in this Act

    1. 2.“Special Act:”

    2. 3. Interpretations in this and the special Act:

    3. 4. Short title of the Act.

    4. 5. Form in which portions of this Act may be incorporated in other Acts.

  4. Construction of railway

    1. 6. The construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation Act.

    2. 7. Errors and omissions in plans to be corrected.

    3. 8. Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited.

    4. 9. Clerks of the peace, &c. to receive plans of alterations, and allow inspection.

    5. 10. Copies of plans, &c. to be evidence.

    6. 11. Limiting deviation from datum line described on sections, &c.

    7. 12. Public notice to be given previous to making greater deviations.

    8. 13. Arches, tunnels, &c. to be made as marked on deposited plans.

    9. 14. Limiting deviations from gradients, curves, &c.

    10. 15. Lateral deviations.

    11. 16. Works to be executed.

    12. 17. Works below high-water mark not to be executed without the consent of the lords of the admiralty.

    13. 18. Alteration of water and gas pipes, &c.

    14. 19. Company not to disturb pipes until they have laid down others.

    15. 20. Pipes not to be laid contrary to any Act, and 18 inches surface road to be retained.

    16. 21. Company to make good all damage.

    17. 22. When railway crosses pipes, company to make a culvert.

    18. 23. Penalty for obstructing supply of gas or water.

    19. 24. Penalty for obstructing construction of railway.

    20. 25—29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  5. Temporary use of lands

    1. 30. Company may occupy temporarily private roads within five hundred yards of the railway.

    2. 31. Power to owners and occupiers of road and land to object that other roads should be taken.

    3. 32. Power to take temporary possession of land without previous payment of price.

    4. 33. Company to give notice previous to such temporary possession.

    5. 34. Service of notices on owners and occupiers of lands.

    6. 35. Power to owner to object that other lands ought to be taken.

    7. 36. Power to two justices to order that the lands and materials shall not be taken.

    8. 37. Power to justices to order other lands to be taken.

    9. 38. Power to the justices to summon other owners before them.

    10. 39. The company to give sureties, if required.

    11. 40. Company to separate the lands before using them.

    12. 41. Lands taken for getting materials, &c. to be worked as the surveyor of owner may direct.

    13. 42. Owners of lands may compel company to purchase lands so temporarily occupied.

    14. 43. Compensation to be made for temporary occupation.

    15. 44. Compensation to be ascertained and applied under the Lands Clauses Act.

    16. 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  6. Crossing of roads and construction of bridges

    1. 46. Crossing of roads.

    2. 47. Provision in cases where roads are crossed on a level.

    3. 48. As to crossing of turnpike roads adjoining stations.

    4. 49. Construction of bridges over roads.

    5. 50. Construction of bridges over railway.

    6. 51. The width of the bridges need not exceed the width of the existing road in certain cases.

    7. 52. Existing inclinations of roads crossed or diverted need not be improved.

    8. 53. Before roads interfered with, others to be substituted.

    9. 54. Penalty for not substituting a road.

    10. 55. Party suffering damage from interruption of road to recover in an action on the case.

    11. 56. Period for restoration of roads interfered with.

    12. 57. Penalty for failing to restore road.

    13. 58. Company to repair roads used by them.

    14. 59. Proceedings on application to justices to consent to level crossings of bridleways and footways.

    15. 60. Appeal against the determination of the justices.

    16. 61. Company to make sufficient approaches and fences to bridleways and footways crossing on the level.

    17. 62. Justices to have power to order approaches and fences to be made to highways crossing on the level.

    18. 63, 64.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  7. Construction of bridges

    1. 65. Justices to have power to order repair of bridges, &c.

    2. 66. Board of Trade empowered to modify the construction of certain roads, bridges, &c. where a strict compliance with the Act is impossible or inconvenient.

    3. 67. Authentication of certificates of the Board of Trade, service of notices, &c.

  8. Works for protection and accommodation of lands

    1. 68. Gates, bridges, &c.

    2. 69. Differences as to accommodation works to be settled by justices.

    3. 70. Execution of works by owners on default by the company.

    4. 71. Power to owners of land to make additional accommodation works.

    5. 72. Such works to be constructed under the superintendence of the company’s engineer.

    6. 73. Accommodation works not to be required after five years.

    7. 74. Owners to be allowed to cross the railway until accommodation works are made.

    8. 75. Penalty on persons omitting to fasten gates.

    9. 76.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  9. Working of mines

    1. 77. Company not to be entitled to minerals, unless expressly purchased.

    2. 78. Conditions under which minerals under railway may be worked.

    3. 78A. Compensation for leaving minerals unworked.

    4. 79. Power to work minerals not affected by a counter-notice.

    5. 79A. Liability in respect of authorised workings.

    6. 79B. Notices and accounts with respect to damage.

    7. 80. Rights of access through specified minerals.

    8. 81. Additional expenses for severance.

    9. 82. Compensation to surface owners.

    10. 83. Rights of inspection.

    11. 84. Penalty for refusal to allow inspection.

    12. 85. Protection against improper working.

    13. 85A. Power to vary rights by agreement.

    14. 85B. Savings.

    15. 85C. Serving of notices, counter-notices, &c.

    16. 85D. Interpretation.

    17. 85E. Exemption from liability to leave support otherwise than under Act or agreement.

  10. Working of Mines [Editorial note: ss. 77-85 as originally enacted follow]

    1. 77.Company not to be entitled to minerals.

    2. 78.Mines lying near the railway not to be worked if the company willing to purchase them.

    3. 79.If company unwilling to purchase, owner may work the mines.

    4. 80.Mining communications.

    5. 81.Company to make compensation for injury done to mines;

    6. 82.and also for any airway or other work made necessary by the railway.

    7. 83.Power to company to enter and inspect the working of mines.

    8. 84.Penalty for refusal to inspect.

    9. 85.If mines improperly worked, the company may require means to be adopted for the safety of the railway.

  11. Passengers and goods on railways

    1. 86. Company to employ locomotive power, carriages, &c.

    2. 87. Company empowered to contract with other companies.

    3. 88. Contracts not to affect persons not parties thereto.

    4. 89.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. 90.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. 91—93.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. 94. Milestones.

    8. 95.†Tolls to be taken only whilst boards exhibited and milestones set up. Penalty for defacing, etc. milestones.

    9. 96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    10. 97. In default of payment of tolls, goods, &c. may be detained and sold.

    11. 98—102.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    12. 103. Penalty on passengers practising frauds on the company.

    13. 104. Detention of offenders.

    14. 105. Penalty for bringing dangerous goods on railway.

    15. 106—107.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  12. 108—111.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  13. Leasing of railway

    1. 112. Exercise of power to lease the railway.

    2. 113. Powers vested in the company may be exercised by the lessees.

  14. Carriages and engines

    1. 114.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 115. Engines to be approved by the company, and certificate of approval given.

    3. 116. Penalty for using improper engines.

    4. 117. Carriages to be constructed according to company’s regulations.

    5. 118. Regulations to apply also to company’s carriages.

    6. 119. Penalty for using improper carriages.

    7. 120. Owner’s name, &c. to be registered, and exhibited on carriages.

    8. 121. On non-compliance carriage may be removed.

    9. 122. Carriages improperly loaded, or suffered to obstruct the road, may be unloaded or removed.

    10. 123. Company not to be liable for damage by such unloading, &c.

    11. 124. Owners liable for damage done by their servants.

    12. 125.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  15. Arbitration

    1. 126—137.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 138. Service of notices upon company.

    3. 139.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  16. Recovery of damages and penalties

    1. 140. Provision for damages not otherwise provided for.

    2. 141.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 142. Method of proceeding before justices in questions of damages, &c.

    4. 143.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. 144. Penalty for defacing boards used for such publication.

    6. 145. Penalties to be summarily recovered before two justices.

    7. 146, 147.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    8. 148. Distress how to be levied.

    9. 149. Distress not unlawful for want of form.

    10. 150.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    11. 151.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    12. 152. Damage to be made good in addition to penalty.

    13. 153. Penalty on witnesses making default.

    14. 154. Transient offenders.

    15. 155.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    16. 156.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    17. 157—159.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    18. 160.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    19. 161.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  17. Access to special Act

    1. 162. Copies of special Act to be kept and deposited, and allowed to be inspected.

    2. 163. Penalty on company failing to keep or deposit such copies.

    3. 164. Act not to extend to Scotland.

    4. 165.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  18. SCHEDULES

    1. FIRST SCHEDULE

      Percentage of Contribution

    2. SECOND SCHEDULE

      Rules for Ascertaining Area for the Purpose of Computing Maximum Liability of Mine Owner in Respect of Authorised Workings.

      1. 1.The area shall extend laterally on each side of (but...

      2. 2.The area shall extend longitudinally for a distance co-extensive with...

    3. THIRD SCHEDULE

      Rules for Determining Percentage of Contributions to Additional Expenses for Damages Payable by a Company

      1. 1.The percentage shall be one hundred if the specified minerals...

      2. 2.If the specified minerals extend to one hundred and fifty...

      3. 3.If the specified minerals extend further from such boundary on...

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources