||Crown copyright 1997|
with the permission of the Controller of Her Majesty's Stationery Office
1997 No. 2534
The Caernarfon Railway Light Railway Order 1997
||8th October 1997|| |
Coming into force
||9th October 1997|| |
The Secretary of State for Transport, on the application of Ffestiniog Railway Holdings Limited for an Order under the Light Railways Act 1896, being satisfied in accordance with section 7 of that Act that its requirements in relation to the publication and service of notices have been satisfied, and having considered objections as required by that section and the draft Order as required by section 9 of that Act, in exercise of the powers conferred by sections 7 and 10 to 12 of the Act and by section 121(4) of the Transport Act 1968 and now vested in him and of all other powers enabling him in that behalf, hereby makes the following Order: -
Citation and commencement
This Order may be cited as the Caernarfon Railway Light Railway Order 1997 and shall come into force on 9th October 1997.
In this Order unless the context otherwise requires the following expressions have the meaning hereby respectively assigned to them (that is to say): -
"the Board" means the British Railways Board;
"the book of reference" means the book of reference prepared in connection with the application for this Order;
"the Company" means the Ffestiniog Railway Holdings Limited having its registered office at Harbour Station, Porthmadog, Gwynedd;
"the deposited plans" and "the deposited sections" mean respectively the plans and sections deposited in respect of the application for this Order with, and available for inspection at the offices of, the Secretary of State for Transport, 76 Marsham Street, London SW1P 4DR and the said registered office of the Company, and marked as those plans and sections respectively;
"the enabling Acts" means the Carnarvonshire Railway Act 1862 and the Carnarvonshire Railway (Nantlle Railway Transfer) Act 1867;
"the former railway" means so much of the former railway of the Board in the County of Gwynedd described in and authorised by the enabling Acts and works relating thereto as lay between a point 754 metres north north east of the roundabout where the A487 road meets the B4419 and a point 91 metres south south west of the existing road bridge carrying the unclassified road from Dinas to Saron over the former railway of the Board and includes all lands formerly held by the Board relating to the said railway and lying between those points;
"the principal Act" means the Light Railways Act 1896; and
"the railway" means the railway authorised to be constructed and maintained by the Company pursuant to article 4 of this Order.
Incorporation of Railways Clauses Acts
- (1) The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order -
section 6 (compensation);
section 7 (correction of errors);
sections 18 to 23 (water and gas pipes);
section 24 (obstructing construction of railway);
sections 30 to 44 (temporary use of land) subject to article 10(5) below;
section 46 (crossing of roads - level crossings) subject to paragraph (4) below;
section 47 (provision in cases where roads are crossed on a level);
section 58 (company to repair roads used by them), except for the words from "and if any question" to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words "or directed by such justices to be made by the company" and "or, in case of difference, as shall be authorised by two justices";
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923;
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
(2) The following provisions of the Railways Clauses Act 1863 shall be incorporated in this Order -
sections 5, 6 and 7 (level crossings); and
section 12 (signals, watchmen, etc.).
(3) In those provisions, as incorporated in this Order -
"the company" means the Company;
"goods" includes any thing conveyed on the railway;
"lease" includes an agreement for a lease;
"prescribed", in relation to any such provision, means prescribed by this Order for the purposes of that provision;
"the railway" means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works; and
"the special Act" means this Order.
(4) In section 46 of the Railways Clauses Consolidation
Act 1845, as incorporated in this Order, for the proviso there shall be
substituted the words "Provided always, that, with the consent of the
highway authority and subject to such conditions as the authority may
reasonably impose, the railway may be carried across a highway on the
Power for the Company to construct and maintain railway
4. - (1) Subject
to the provisions of this Order, the Company may construct and maintain
the railway hereinafter described in the line and according to the levels
and within the limits of deviation shown on the deposited plans and the
deposited sections and with all proper rails, plates, sidings, junctions,
bridges, culverts, drains, approaches, roads, yards, buildings and other
works and conveniences connected therewith including station premises,
workshops and facilities.
(2) The said railway is a passenger and freight
carrying railway 4707 metres or thereabouts in length commencing at a
point 18 metres or thereabouts south of the portal of the existing railway
tunnel adjacent to Caernarfon Castle and extending in a southerly direction
to the former Dinas Station of the Board and terminating at a point 45
metres or thereabouts north north west of the north western face of the
existing bridge carrying the A487 Trunk Road over the formation of the
railway authorised by the Welsh Highland Railway (Light Railway) Orders
1922 and 1923.
(3) Subject to the provisions of this Order, the
railway or any part thereof shall be subject to all statutory and other
provisions applicable to the former railway or any part thereof (insofar
as the same are still substituting and capable of taking effect) and the
Company shall to the exclusion of the Board be entitled to the benefit
of and to exercise all rights, powers and privileges and be subject to
all obligations statutory or otherwise relating to the former railway
or any part thereof (insofar as the same are still subsisting and capable
of taking effect) to the intent that the Board shall be released from
all such obligations.
(4) The Company shall to the exclusion of the
Welsh Highland Railway (Light Railway) Company and the Liquidator of that
company be entitled to the benefit of, and to exercise, all rights, powers
and privileges and be subject to all obligations whether statutory or
otherwise for the time being in force in respect of so much of the railway
as is to be on the line of the railway authorised by the Welsh Highland
Railway (Light Railway) Orders 1922 and 1923.
Power to deviate
5. In the construction
of the railway or any part thereof the Company may deviate from the line
or situation thereof shown on the deposited plans to the extent of the
limits of deviation shown thereon and may deviate vertically from the
levels shown on the deposited sections to any extent not exceeding 1 metre
upwards or downwards or to such further extent as may be found necessary
or convenient and as may be sanctioned by the Secretary of State.
Power to work the railway as a light railway
6. Subject to the provisions
of this Order the railway may be worked as a light railway under the principal
Provision as to bridges
7. Without prejudice
to the generality of the foregoing, sections 116, 117 and 118 of the Transport
Act 1968 shall apply to the
railway as if references therein to the Board were references to the Company.
As to crossing of roads and footpaths on the level
8. - (1) The
Company may in the construction of the railway carry the same with a single
line across and on the level of the footpaths and occupation crossings
described in the Schedule to this Order.
(2) The rails of the railway shall be laid and
maintained within the areas of the level crossings so that the upper surface
is upon a level with the surface of the footpath or crossing, as the case
may be, and the surface of the level crossing shall be maintained in good
and even condition.
(3) Access across the railway at each of the level
crossings except for the level crossings described in paragraphs 2 and
3 of the Schedule to this Order shall be provided by a self-closing gate
on each side of the railway opening away from the railway.
(4) A warning sign to standard railway design
containing the words "Stop, Look, Listen" shall be provided and maintained
on each approach to the crossings (except for the level crossings described
in paragraphs 2 and 3 of the Schedule to this Order) as near as practicable
to the railway but not nearer than 2 metres from the running edge of the
(5) The Company shall not within the area of any
of the level crossings obstruct or hinder traffic or persons passing along
the road or footpath for longer than is reasonably necessary in taking
any train, engine or carriage across the footpath or crossing.
For protection of public gas transporters
9. Nothing in this Order
shall prejudice or affect the rights of any public gas transporter, within
the meaning of Part I of the Gas Act 1986,
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 in, over or upon lands in or
upon which the railway may be constructed.
For protection of Dr
10. - (1)
For the protection of Dr Cymru
Cyf (in this article referred to as "Dr
Cymru") the following provisions shall, unless otherwise agreed in writing
between the Company and Dr
Cymru, apply and have effect.
(2) In this article, "relevant pipe" in relation
to Dr Cymru has the meaning
given in section 158(7) of the Water Industry Act 1991
and "the works" means the works authorised by this Order.
(3) Nothing in this Order or in the Railways Clauses
Consolidation Act 1845 in
its application to the railway shall authorise the Company to raise, sink
or otherwise alter the position of, or in any way to interfere with, any
relevant pipe without the consent in writing of Dr
Cymru, such consent not to be unreasonably withheld.
(4) Notwithstanding anything in this Order or
shown on the deposited plans the Company shall not acquire any relevant
pipe under the powers of this Order otherwise than by agreement.
(5) The Company shall not exercise the powers
of sections 30 to 44 (relating to temporary use of land) of the Railways
Clauses Consolidation Act 1845, as incorporated with this Order, in relation
to any land of Dr Cymru.
(7) Where any relevant pipe is situated in or
under any land owned or held for the purposes of the railway the Company
shall at their own expense maintain all culverts over such relevant pipe
which are in existence at the coming into force of this Order so as to
leave the relevant pipe accessible for the purposes of repairs.
(8) The Company shall afford reasonable facilities
to Dr Cymru for the execution
and doing of all such works and things as may be reasonably necessary
to enable them to inspect, repair, maintain, renew, replace, remove, alter
or use any relevant pipe and in particular to carry out any protective
works or any diversions required by reason of the exercise of the powers
of this Order.
(9) The Company shall compensate Dr
(a) for any damage done or disturbance caused to any relevant pipe;
(b) for any costs incurred by Dr
Cymru in diverting any relevant pipe or in carrying out works for the
protection of any relevant pipe; and
(c) for any other expenses, loss, damages, penalty or costs (including
any liabilities resulting from the burst, leakage or other failure of
relevant pipes) incurred by Dr
by reason or in consequence of the execution, maintenance, user or failure
of any of the works or otherwise by reason or in consequence of the exercise
by the Company of the powers of this Order.
(10) Nothing in the foregoing paragraph shall
entitle Dr Cymru to any payment
in respect of damage attributable to the neglect or default of Dr
Cymru, their servants or agents.
(11) Nothing in this Order shall prejudice or
affect the rights of Dr Cymru
in respect of any relevant pipe (including the right of access to such
pipe for the purpose of inspection, maintenance or renewal) or the provisions
of any agreement regulating the relations between the Company and Dr
Cymru with regard to any relevant pipe and whether made before or after
this Order comes into force.
(12) Any difference arising between the Company
and Dr Cymru under this article
(other than a difference as to its meaning or construction) shall be referred
to and settled by arbitration.
For protection of Manweb plc, etc.
11. - (1)
In this article "apparatus" means any electric line or electrical plant
as respectively defined by section 64 of the Electricity Act 1989.
(2) Nothing in this Order shall prejudice or affect
the rights of any public electricity supplier, within the meaning of Part
I of the Electricity Act 1989, 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
in, over or under lands in or upon or near to which the railway or any
part thereof may be constructed.
(3) Before commencing any works authorised by
this Order under or over or which will or may affect any apparatus belonging
to a public electricity supplier or for the maintenance of which a public
electricity supplier is responsible, the Company shall give to the public
electricity supplier not less than 28 days' notice in writing accompanied
by a plan and section of the proposed work and such work shall be executed
only in accordance with the plan and section submitted, and in accordance
with such reasonable requirements (including those contained or referred
to in an Agreement dated 15th November 1995 and made between the Company
(1) the Ffestiniog Railway Company (2) and Manweb plc (3)) as may be made
by the public electricity supplier for the protection of the apparatus,
or for securing access thereto.
(4) If by reason or in consequence of the execution
or user of any of the works authorised by this Order any damage to any
apparatus or any interruption in supply or distribution of electricity
by a public electricity supplier shall be caused, the Company shall bear
and pay the cost reasonably incurred by the public electricity supplier
in making good such damage or in restoring the supply or distribution
of electricity and shall make reasonable compensation to the public electricity
supplier for any loss sustained by it and indemnify the public electricity
supplier from and against all claims in respect of any such damage or
12. Where under any
provision of this Order any difference is to be referred to or settled
by arbitration, then such difference shall be referred to and settled
by a single arbitrator to be agreed between the parties or, failing agreement,
to be appointed on the application of either party (after notice in writing
to the other) by the President for the time being of the Institution of
Signed by authority of the Secretary of State for Transport
A S D Whybrow
Head of Traffic Policy Division, Department of the Environment, Transport
and the Regions
8th October 1997
1. The occupation crossing from Pant
Road to Hendy Farm.
2. The occupation crossing from Pant
Road to Pant Farm, Llanfaglan.
3. Footpath No. 17 from Ffordd Pant to
Llanfaglan Road passing through Fron Goch Farm.
4. The occupation crossing from Pant
Road to Bronnyd.
5. The occupation crossing from Cefnworthyd
Farm to Llanfaglan.
6. Footpath No. 27 from Ffordd Pant to
County Road adjacent to Sarn Dwr Garn and passing through Cefnwerthyd
7. The occupation crossing from "Lodge"
on the A487 to Plas Dinas.
8. Footpath No. 18 from Dinas Cottages
to join the A487 opposite the road to Rhostryfan.
9. The occupation crossing from the A487
to Plas Dinas.
1896 c.48; sections 7 and 9 were repealed in part by the Railways Act 1921 (c.55), section 86(2) and Schedule 9; section 10 was repealed in part by the Statute Law (Repeals) Act 1986 (c.12), Schedule 1; section 11 was amended by the Light Railways Act 1912 (c.19), section 5(3), and the Railways Act 1921, section 73(1), and was repealed in part and further amended in respects not relevant to this Order; section 12 was repealed in part by the Finance Act 1929 (c.21), section 6 and Schedule.back
Railways Act 1921, section 68(1), and S.I. 1970/1681, 1979/571 and 1981/238.back
S.R. & O. 1922/432; S.R. & O. 1923/275.back
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