The Cholsey and Wallingford Light Railway (Extension and Amendment) Order 1992

Citation and commencement

1.—(1) This Order may be cited as the Cholsey and Wallingford Light Railway (Extension and Amendment) Order 1992 and shall come into force on 29th April 1992.

(2) The Cholsey and Wallingford Light Railway Order 1989(1) and this Order may be cited together as the Cholsey and Wallingford Light Railway Orders 1989 and 1992.

Interpretation

2.—(1) In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:&—

“the Board” means the British Railways Board;

“the Town Council” means the Wallingford Town Council in the district of South Oxfordshire in the County of Oxfordshire;

“the County Council” means the Oxfordshire County Council;

“the Society” means the Cholsey and Wallingford Railway Preservation Society incorporated under the Companies Act 1985(2) and whose registered office is at7 St Martin’s Street, Wallingford, Oxfordshire OX10 0AN;

“the principal Act” means the Light Railways Act 1896;

“the enabling Acts” means the Wallingford and Watlington Railway Act 1864(3) and the Great Western Railway Act 1872(4);

“the principal Order” means the Cholsey and Wallingford Light Railway Order 1989;

“the Board’s railway” means so much of the former railway of the Board in the district of South Oxfordshire in the County of Oxfordshire authorised by the enabling Acts as is co-extensive with the railway described in Schedule 1 to this Order including all lands and works relating thereto;

“Railway No. 1” means the railway authorised to be constructed, made and maintained by the principal Order, as redefined by article 9 of this Order;

“Railway No. 2” means the railway authorised to be constructed, made and maintained by the Society pursuant to article 4 of this Order;

“the Society’s railway” means the railway consisting of Railway No. 1 together with such part or the whole of Railway No. 2 as shall have been constructed for the time being;

“the bypass crossing” means the level crossing described in article 10 of this Order;

“the specified road” means the road at the bypass crossing;

“the carriageway” means the carriageway of the specified road;

“Regulations” means the Traffic Signs Regulations and General Directions 1981(5);

“the deposited plan” means the plan and section deposited with the Secretary of State on the application for this Order in respect of the bypass crossing.

(2) In this Order the expressions “left hand side” and “right hand side” shall be construed as they would appear to a person approaching the bypass crossing along the specified road.

(3) All directions and distances stated in the descriptions of the Board’s railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.

Incorporation and application of enactments: amendment of Order

3.—(1) The provisions of the Railways Clauses Consolidation Act 1845(6), except sections 8, 9, 11 to 15, 32 to 44, 53 to 57, 59 and 60, 94, 95, 97 and 115 to 124, and sections 3 to 5 and 12 of the Railways Clauses Act 1863(7), are incorporated with and form part of this Order, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, and this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.

(2) Sections 16 and 68 of the Railways Clauses Consolidation Act 1845 shall not apply to Railway No. 2.

(3) Subject to the provisions of this Order such of the enactments mentioned in the Second Schedule to the Light Railways Act 1896 as are still in force shall not apply to Railway No. 2 except for section 22 of the Regulation of Railways Act 1868(8) (Communication between passengers and Company’s servants to be provided) andsection 1 (Power to order certain provisions to be made for public safety) and section 5 (Penalty for avoiding payment of fare) of the Regulation of Railways Act 1889(9).

(4) In its application to Railway No. 2 section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” had been omitted.

(5) The principal Order is hereby amended or extended in accordance with the provisions of this Order.

Power to make Railway No. 2

4.  Subject to and in accordance with the provisions of this Order, the Society may on lands occupied under licence from the Board and on the same line and levels as the Board’s railway construct, make and maintain the railway described in Schedule 1 to this Order together with all necessary works and conveniences connected therewith, including a station, premises, workshops and facilities, and work it as a light railway under the principal Act.

Land required in connection with Railway No. 1 or Railway No. 2

5.—(1) The Town Council may sell, lease or sub-lease to the Society any additional land required for or incidental to the purposes of Railway No. 1, on such terms and conditions as may be agreed between the Town Council and the Society.

(2) The Board may grant to the Society a licence to occupy and use any land required in connection with the construction of Railway No. 2 or any part of it on such terms and conditions as may be agreed between the Board and the Society.

(3) The Board and the Society may enter into and carry into effect agreements as to the responsibility for construction and maintenance of accommodation works in respect of Railway No. 2 on such terms and conditions as may be agreed between the Board and the Society.

Gauge of railway and motive power

6.  Railway No. 2 shall be constructed to a gauge of 1435 millimetres (four feet eight and one half inches) and the motive power shall be steam or internal combustion or such other motive power as the Secretary of State may approve:

• Provided that nothing in this Order shall authorise the Society to use electrical power as motive power unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engine and carriages:

• Provided also that, if electrical power is used as motive power on Railway No. 2, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus (as defined in Schedule 2 to the Telecommunications Act 1984(10)) or with telecommunication by means of such apparatus.

Restriction of weight on rails and of speed: conveyance of passengers

7.—(1) The Society shall not use upon Railway No. 2 any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.

(2) The Society shall not run any train or engine upon any part of Railway No. 2 at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.

(3) No part of Railway No. 2 shall be used for the conveyance of passengers without the permission in writing of the Secretary of State and the Society shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using Railway No. 2.

(4) If the Society act in contravention of any of the provisions of this article they shall for each offence be liable on summary conviction to a penalty not exceeding level 2 on the standard scale.

As to public liability insurance

8.—(1) In this article

“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982(11) to carry on in the United Kingdom 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 £2 million.

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

(ii)In default of compliance with the provisions of this article the Society shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

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

Existing railway redefined

9.  Railway No. 1 shall include any vertical or horizontal deviation of track connected with the taking of the road intended to be known as the Wallingford Bypass over Railway No. 1 in accordance with article 10 below, provided that any such deviation is within the limits referred to in that article.

Construction of public level crossing

10.—(1) The Society, the Town Council and the County Council may enter into and carry into effect agreements (and may carry into effect the agreement previously entered into by them and dated 10th January 1990) providing for the construction by the County Council in the lines or situations and within the limits of deviation shown on the deposited plan and at the same level (save as hereinafter permitted) as the existing Railway No. 1, of the bypass crossing (as described in Schedule 2 to this Order) together with all such approaches and plant and other works and conveniences as it may be necessary or convenient to construct in connection with it, and for the dedication of the bypass crossing as a public highway subject to the Society’s existing powers to maintain and operate the Society’s railway.

(2) In the construction of the bypass crossing the County Council may deviate laterally in the lines or situations of the work shown on the deposited plan within the limits of deviation shown thereon and they may also deviate vertically in the construction of the work from the levels of the existing railway to any extent not exceeding 1 metre upwards and 1 metre downwards.

(3) The Society and the County Council may enter into and carry into effect agreements providing for the construction of the bypass crossing, and for the dedication of the bypass crossing as a public highway subject to the rights and powers to maintain and operate the Society’s railway by virtue of the principal Order and this Order, and for the installation, operation and maintenance of any gates, barriers, lights, traffic signs and other devices and appliances referred to in this article.

(4) (i) The Society may make provision for the County Council to use the bypass crossing to give access and accommodation to the works to be undertaken by the County Council in the construction of the public road referred to in Schedule 2 to this Order.

(ii)Such access and accommodation shall be by means of a temporary level crossing on the same alignment and level and within the same limits of deviation as those referred to in paragraphs (1) and (2) of this article.

(5) The following provisions, being provisions which in the opinion of the Secretary of State are necessary or expedient for the safety of those using the bypass crossing, shall apply in respect of the bypass crossing:&—

(i)The Society shall, during the period in which the County Council is engaged in works to provide the new road referred to in Schedule 2 to this Order, provide, operate and maintain the protective equipment which is specified in Part I of Schedule 3 to this Order.

(ii)The Society shall provide, and shall from the time when the works referred to in sub-paragraph (i) above are completed and thereafter so long as this Order continues in force operate and maintain the protective equipment which is specified in Part II of Schedule 3 to this Order.

(iii)The Society shall during the period of works mentioned in sub-paragraph (i) above observe the conditions and requirements specified in Part III of Schedule 3 to this Order, and thereafter shall observe the conditions and requirements specified in Part IV of Schedule 3 to this Order.

(iv)There shall be no interval of time between the discontinuance of the provisions of Part I and the commencement of the provisions of Part II.

(6) Nothing contained in or incorporated with this Order shall require the provision of any building or keeper at the bypass crossing nor shall the Society be subject to any regulations regarding the speed of trains over it except as provided for in this Order.

As to public footpath level crossings

11.—(1) The Society may maintain Winterbrook Lane crossing in its existing form as a public footpath level crossing coinciding with an occupation crossing, and signs suitable for such a crossing shall be provided on each side of the railway facing pedestrians and vehicles approaching the crossing.

(2) The Society may maintain Green Lane crossing in its existing form as a public footpath level crossing coinciding with an accommodation crossing, and signs suitable for such a crossing shall be provided on each side of the railway facing pedestrians and vehicles approaching the crossing.

(3) Gates shall be provided on each side of the railway at each of the said crossings and shall open outwards away from the railway.

(4) A whistle board of standard railway design shall be provided on each of the railway approaches to each of the said crossings at that point from which a train travelling at the maximum speed permitted under this Order would run for 10 seconds before arriving at the crossing, and drivers of trains passing between 0700 and 2330 hours shall sound the train whistle.

For protection of public gas suppliers

12.—(1) Subject to paragraph (2) below, nothing in this Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part I of the Gas Act 1986(12), in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which Railway No. 2 is constructed.

(2) Where at the coming into force of this Order any such apparatus is already situated under, over or upon any of those lands and the relations between the Board and that supplier in respect of the apparatus are regulated by the provisions of any enactment or agreement, those provisions as between the Board and the supplier shall prevail.

For protection of Southern Electric plc

13.—(1) The provisions of article 10 of the principal Order (For protection of the Southern Electricity Board) shall have effect in relation to Railway No. 2 as well as to Railway No. 1 as if they were here set out and as if:—

(i)references to the Southern Electricity Board were references to Southern Electric plc, and

(ii)“apparatus” were defined as meaning any electric line or electrical plant as respectively defined by section 64 of the Electricity Act 1989(13).

(2) Nothing in this article shall prejudice or affect the provisions of any enactment or agreement regulating the relations between the Board and Southern Electric plc in respect of any apparatus already situated in, under or upon the land to which the Order relates upon its coming into force.