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Statutory Instruments

1961 No. 2022

RAILWAYS
LIGHT RAILWAYS


The British Transport Commission (Great Coles Wood Halt and Bramblehurst) Light Railway Order, 1961
 

Made - 18th July, 1961

Coming into Operation - 18th July, 1961


The Minister of Transport on the application of the British Transport Commission and in exercise of his powers under sections 7, 9, 10 and 18 of the Light Railways Act, 1896(a), as amended by the Light Railways Act, 1912(b), and Part V of the Railways Act, 1921(c), and of all other powers enabling him in that behalf hereby makes the following Order: -


Citation and commencement
1. This Order shall come into operation on the eighteenth day of July, 1961, and may be cited as "The British Transport Commission (Great Coles Wood Halt and Bramblehurst) Light Railway Order, 1961."


Interpretation
2. (1) In this Order unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them (that is to say): -
"The Commission" means the British Transport Commission;
"The Minister" means the Minister of Transport;
"The principal Act" means the Light Railways Acts, 1896 and 1912, as amended by the Railways Act, 1921;
"The railway" means the railway authorised by this Order to be worked as a light railway under the principal Act.
(2) The Interpretation Act, 1889(d), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

 

Power to work railway as a light railway
3. Subject to the provisions of this Order: -
(a) The Commission may work as a light railway under the principal Act so much of Railway (No. 1) described in and authorised by the original company Act, 1877(e), as extends from a point three hundred yards south of Restlands Junction to the northern end of Bramblehurst station;
(b) Sections 63 and 64 of the Railways Clauses Consolidation Act, 1845(f), and such of the enactments set out in the Second Schedule to the Light Railways Act, 1896 as are still in force (except section 19 of the Regulation of Railways Act, 1868(g), and paragraph (c) of section 1 and sections 2, 5, 6 and 7 of the Regulation of Railways Act, 1889(h)) shall cease to apply to the railway.

Restrictions of weight on rails and of speed
4. (1) The Commission shall not use upon the railway engines, carriages or trucks bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Minister may allow in writing in accordance with the following sliding scale and having regard among other things to the rate of speed authorised to be run and the volume of traffic carried on the railway: -

Maximum axle load - If rails used weight at least in lbs. per yard

8 to 10 - 50

9 to 11 - 55
11 to 13 - 60
13 to 15 - 65
15 to 17 - 70
16 to 18 or more - 75 and upwards
Provided that if the Minister thinks fit he may allow in writing variations from the said scale subiect to such conditions as he may prescribe in any
case.
(2) The Commission shall not except as otherwise permitted by the Minister in writing run any train or engine upon the railway at a rate of speed: -
(a) exceeding at any time twenty-five miles per hour;
(b) exceeding any less maximum speed fixed by the Minister for any part of the railway where the Minister considers such further restrictions necessary for public safety.
(3) Not more than eight trains a day in each direction shall be run upon any part of the railway nor shall the railway be used for the public conveyance of passengers without the permission in writing of the Minister being first had and obtained and the Commission shall comply with the conditions (if any) which the Minister may prescribe in relation thereto.

(4) If the Commission act in contravention of any of the provisions of this section they shall for each such offence be liable on summary conviction to a penalty not exceeding twenty pounds.


As to Schedule
5. The provisio
ns of the Schedule to this Order shall be observed if required by the Minister.


Recovery of penalties
6. Any penalty under this Order may be recovered in manner provided by the Magistrates' Courts Act, 1952(a).

 

Costs of Order
7. All costs, charges and expenses of and incident to the preparing for, obtaining and making of this Order or otherwise in relation thereto shall be paid by the Commission and may in whole or in part be defrayed out of revenue.

Given under the Official Seal of the Minister of Transport this eighteenth day of July, 1961.


(L.S.)


T. F. Bird,
An Under Secretary of the Ministry of Transport.


SCHEDULE


Permanent Way.-The rails used shall weigh at least fifty pounds per yard. On curves with radii of less than nine chains a check-rail shall be provided. If flat-bottomed rails and wooden sleepers are used: -
(a) The rails at the joints shall be secured to the sleepers by fang or other through bolts or by coach-screws or by double dog spikes, or by spring spikes on the outside of the rail with a bearing-plate; and
(b) The rails on curves with radii of less than nine chains shall be secured on the outside of the outer rail to each sleeper by a fang or other through bolt or by coach-screws or by double dog spikes, or by spring spikes with a bearing-plate; and
(c) The rails on curves with radii of less than nine chains shall be tied to gauge by iron or steel ties at suitable intervals or in such other manner as may be approved by the Minister.


Turntables.-No turntables need be provided.


Electrical Communication.-If the Minister requires means of electrical communication to be provided on the line the Commission shall make that provision in such manner as the Minister may direct.


Signals.-At places where under the system of working for the time being in force trains may cross or pass one another there shall be a home-signal for each direction at or near the entrance points. If the home-signal cannot be seen from a distance of a quarter of a mile a distant-signal must be erected at that distance at least from the entrance points. The home-signals and distant-signals may be worked from the station by wires or otherwise.


Every signal arm shall be so weighted as to fly to and remain at danger on the breaking at any point of the connection between the arm and the lever working it.


Precautions shall be taken to the satisfaction of the Minister to ensure that no signal can be lowered unless the points are in the proper position and that two conflicting signals cannot be lowered simultaneously.


Platforms &c.-Platforms shall be provided to the satisfaction of the Minister (unless all carriages in use on the railway for the conveyance of passengers are constructed with proper and convenient means of access to and from the same from and to the level of the ground on the outside of the rail) but there shall be no obligation on the Commission to provide shelter or conveniences at any stations or stopping-place.

Printed in England and published by

HER MAJESTY'S STATIONERY OFFICE: 1961

THREEPENCE NET

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1961 No. 2304

RAILWAYS
LIGHT RAILWAYS


The British Transport Commission (Great Coles Wood Halt and Bramblehurst) Light Railway Order, 1961
 

Made - 23rd August, 1961

Coming into Operation - 25th August, 1961

The Minister of Transport on the application of The Nuthatch Line Limited and in exercise of his powers under section 24 of the Light Railways Act, 1896(a), as amended by the Light Railways Act, 1912(b), and Part V of the Railways Act, 1921(c), and of all other powers him enabling in that behalf hereby makes the following Order: -


Citation and commencement
1. This Order shall come into operation on the 25th day of August, 1961, and may be cited as
"The British Transport Commission (Great Coles Wood Halt and Bramblehurst) Light Railway Order, 1961."
 

Interpretation
2. (1) In this Order unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them (that is to say): -
 "The Commission" means the British Transport Commission;
 "The Company" means The Nuthatch Line Limited;
 "The Minister" means the Minister of Transport;
 "The principal Act" means the Light Railways Acts, 1896 and 1912 as amended by the Railways Act, 1921;
 "The principal Order" means the British Transport Commission (Great Coles Wood Halt and Bramblehurst) Light Railway Order, 1961(d);
 "The railway" means the railway authorised by the principal Order to be worked as a light railway under the principal Act.
(2) The Interpretation Act, 1889(e), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.


As to lease or transfer of railway to Company
3. (1) The Commission and the Company may enter into and carry into effect agreements providing for-
(a) the leasing of the railway to the Company; or
(b) the transfer to and vesting in the Company of the railway, on such terms and conditions as may be agreed between the Commission and the Company.

(2) During the continuance of any lease granted under the powers of this Order and in the event of any transfer of the railway under the powers of this Order as from the date upon which the railway shall become vested in the Company the Company shall to the exclusion of the Commission (but subject during the continuance of the lease to the terms of the lease) be entitled to the benefit of and to exercise all the rights powers and privileges and be subject to all the obligations of the Commission whether statutory or otherwise for the time being in force in respect of the railway.


Costs of Order
4. All costs charges and expenses of and incident to the preparing for obtaining and making of this Order or otherwise in relation thereto shall be paid by the Company and may in whole or in part be defrayed out of revenue.


Given under the Official Seal of the Minister of Transport this twenty-third day of August, 1961.

(L.S.)

Ernest Marples,
The Ministry of Transport.

Printed in England and published by

HER MAJESTY'S STATIONERY OFFICE: 1961

THREEPENCE NET

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