Railways Clauses Consolidation Act 1845
1 Operation of this Act confined to future railways.
Interpretations in this Act
2“Special Act:”
3 Interpretations in this and the special Act:
4 Short title of the Act.
5 Form in which portions of this Act may be incorporated in other Acts.
Construction of railway
6 The construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation Act.
7 Errors and omissions in plans to be corrected.
8 Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited.
9 Clerks of the peace, &c. to receive plans of alterations, and allow inspection.
10 Copies of plans, &c. to be evidence.
11 Limiting deviation from datum line described on sections, &c.
12 Public notice to be given previous to making greater deviations.
13 Arches, tunnels, &c. to be made as marked on deposited plans.
14 Limiting deviations from gradients, curves, &c.
15 Lateral deviations.
16 Works to be executed.
17 Works below high-water mark not to be executed without the consent of the lords of the admiralty.
18 Alteration of water and gas pipes, &c.
19 Company not to disturb pipes until they have laid down others.
20 Pipes not to be laid contrary to any Act, and 18 inches surface road to be retained.
21 Company to make good all damage.
22 When railway crosses pipes, company to make a culvert.
23 Penalty for obstructing supply of gas or water.
24 Penalty for obstructing construction of railway.
25—29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Temporary use of lands
30 Company may occupy temporarily private roads within five hundred yards of the railway.
31 Power to owners and occupiers of road and land to object that other roads should be taken.
32 Power to take temporary possession of land without previous payment of price.
33 Company to give notice previous to such temporary possession.
34 Service of notices on owners and occupiers of lands.
35 Power to owner to object that other lands ought to be taken.
36 Power to two justices to order that the lands and materials shall not be taken.
37 Power to justices to order other lands to be taken.
38 Power to the justices to summon other owners before them.
39 The company to give sureties, if required.
40 Company to separate the lands before using them.
41 Lands taken for getting materials, &c. to be worked as the surveyor of owner may direct.
42 Owners of lands may compel company to purchase lands so temporarily occupied.
43 Compensation to be made for temporary occupation.
44 Compensation to be ascertained and applied under the Lands Clauses Act.
45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crossing of roads and construction of bridges
46 Crossing of roads.
47 Provision in cases where roads are crossed on a level.
48 As to crossing of turnpike roads adjoining stations.
49 Construction of bridges over roads.
50 Construction of bridges over railway.
51 The width of the bridges need not exceed the width of the existing road in certain cases.
52 Existing inclinations of roads crossed or diverted need not be improved.
53 Before roads interfered with, others to be substituted.
54 Penalty for not substituting a road.
55 Party suffering damage from interruption of road to recover in an action on the case.
56 Period for restoration of roads interfered with.
57 Penalty for failing to restore road.
58 Company to repair roads used by them.
59 Proceedings on application to justices to consent to level crossings of bridleways and footways.
60 Appeal against the determination of the justices.
61 Company to make sufficient approaches and fences to bridleways and footways crossing on the level.
62 Justices to have power to order approaches and fences to be made to highways crossing on the level.
63, 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Construction of bridges
65 Justices to have power to order repair of bridges, &c.
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.
67 Authentication of certificates of the Board of Trade, service of notices, &c.
Works for protection and accommodation of lands
68 Gates, bridges, &c.
69 Differences as to accommodation works to be settled by justices.
70 Execution of works by owners on default by the company.
71 Power to owners of land to make additional accommodation works.
72 Such works to be constructed under the superintendence of the company’s engineer.
73 Accommodation works not to be required after five years.
74 Owners to be allowed to cross the railway until accommodation works are made.
75 Penalty on persons omitting to fasten gates.
76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Working of mines
77 Company not to be entitled to minerals, unless expressly purchased.
78 Conditions under which minerals under railway may be worked.
78A Compensation for leaving minerals unworked.
79 Power to work minerals not affected by a counter-notice.
79A Liability in respect of authorised workings.
79B Notices and accounts with respect to damage.
80 Rights of access through specified minerals.
81 Additional expenses for severance.
82 Compensation to surface owners.
83 Rights of inspection.
84 Penalty for refusal to allow inspection.
85 Protection against improper working.
85A Power to vary rights by agreement.
85B Savings.
85C Serving of notices, counter-notices, &c.
85D Interpretation.
85E Exemption from liability to leave support otherwise than under Act or agreement.
Working of Mines [Editorial note: ss. 77-85 as originally enacted follow]
77Company not to be entitled to minerals.
78Mines lying near the railway not to be worked if the company willing to purchase them.
79If company unwilling to purchase, owner may work the mines.
80Mining communications.
81Company to make compensation for injury done to mines;
82and also for any airway or other work made necessary by the railway.
83Power to company to enter and inspect the working of mines.
84Penalty for refusal to inspect.
85If mines improperly worked, the company may require means to be adopted for the safety of the railway.
Passengers and goods on railways
86 Company to employ locomotive power, carriages, &c.
87 Company empowered to contract with other companies.
88 Contracts not to affect persons not parties thereto.
89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
91—93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94 Milestones.
95†Tolls to be taken only whilst boards exhibited and milestones set up. Penalty for defacing, etc. milestones.
96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
97 In default of payment of tolls, goods, &c. may be detained and sold.
98—102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103 Penalty on passengers practising frauds on the company.
104 Detention of offenders.
105 Penalty for bringing dangerous goods on railway.
106—107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108—111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leasing of railway
112 Exercise of power to lease the railway.
113 Powers vested in the company may be exercised by the lessees.
Carriages and engines
114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
115 Engines to be approved by the company, and certificate of approval given.
116 Penalty for using improper engines.
117 Carriages to be constructed according to company’s regulations.
118 Regulations to apply also to company’s carriages.
119 Penalty for using improper carriages.
120 Owner’s name, &c. to be registered, and exhibited on carriages.
121 On non-compliance carriage may be removed.
122 Carriages improperly loaded, or suffered to obstruct the road, may be unloaded or removed.
123 Company not to be liable for damage by such unloading, &c.
124 Owners liable for damage done by their servants.
125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arbitration
126—137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
138 Service of notices upon company.
139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of damages and penalties
140 Provision for damages not otherwise provided for.
141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
142 Method of proceeding before justices in questions of damages, &c.
143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144 Penalty for defacing boards used for such publication.
145 Penalties to be summarily recovered before two justices.
146, 147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
148 Distress how to be levied.
149 Distress not unlawful for want of form.
150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
152 Damage to be made good in addition to penalty.
153 Penalty on witnesses making default.
154 Transient offenders.
155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
157—159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Access to special Act
162 Copies of special Act to be kept and deposited, and allowed to be inspected.
163 Penalty on company failing to keep or deposit such copies.
164 Act not to extend to Scotland.
165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULES
FIRST SCHEDULE Percentage of Contribution
SECOND SCHEDULE Rules for Ascertaining Area for the Purpose of Computing Maximum Liability of Mine Owner in Respect of Authorised Workings.
1The area shall extend laterally on each side of (but...
2The area shall extend longitudinally for a distance co-extensive with...
THIRD SCHEDULE Rules for Determining Percentage of Contributions to Additional Expenses for Damages Payable by a Company
1The percentage shall be one hundred if the specified minerals...
2If the specified minerals extend to one hundred and fifty...
3If the specified minerals extend further from such boundary on...

Railways Clauses Consolidation Act 1845

1845 c.20

An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways.

Annotations:
Commencement Information
I1

Act wholly in force at Royal Assent

Modifications etc. (not altering text)
C1

Functions of Board of Trade now exercisable by Minister of Transport: Ministry of Transport Act 1919 (c. 50), s. 2; S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793), art. 3(2), 1970/1681, art. 2(1) and 1979/571, art. 2(1)

C2

References to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. V, p. 298; 1923, p. 400), art. 2

C3

Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)

C4

This Act is not necessarily in the form in which it has effect in Northern Ireland

C5

Act, except ss. 8-15,17,32-44,47-57,59-63,69-74,88-95,115-124, incorporated by S.I. 1991/933, art. 3(1)

C6

Act, except ss. 1, 7, 8, 9, 11, 12, 13, 15, 17, 19, 20, 22, 23, 94 and 95, incorporated by Heathrow Express Railway Act 1991 (c. vii), s. 3(1)(a)

C7

Act, except ss. 8, 9, 11-15, 32-44, 46-57, 59-62, 94, 95, 97, 115-124, incorporated in part (26.6.1991) by S.I. 1991/1619, art. 3(1)