Statutory Instrument 1995 No. 861

The Welsh Highland Railway (Transfer) Light Railway Order 1995

---

© Crown Copyright 1995

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Welsh Highland Railway (Transfer) Light Railway Order 1995, ISBN 0110527461. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1995 No. 861

TRANSPORT

The Welsh Highland Railway (Transfer) Light Railway Order 1995

The Secretary of State for Transport, on the application of Ffestiniog Railway Holdings Limited and the Festiniog Railway Trust, and in exercise of the powers conferred by sections 7, 9 to 12 and 24 of the Light Railways Act 1896^[1] and now vested in him^[2] and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement
    1.    This Order may be cited as the Welsh Highland Railway (Transfer) Light Railway Order 1995 and shall come into force on 15th March 1995.

Interpretation
    2.    In this Order unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them (that is to say):—

"the Company" means The Festiniog Railway Company;

"the deposited plan" means the plan deposited in respect of the application for this Order with the Secretary of State for Transport, 2 Marsham Street, London SW1P 3EB and at the registered office of the Holdings Company;

"the Holdings Company" means Ffestiniog Railway Holdings Limited and whose registered office is at Harbour Station, Porthmadog, Gwynedd, LL49 9NF;

"the Liquidator" means the Liquidator of Welsh Highland Railway (Light Railway) Company (In Liquidation);

"the principal Order" means the Welsh Highland Railway (Light Railway) Orders 1922 and 1923^[3];

"the railway" means the railway authorised by the principal Order to be acquired by the Welsh Highland Railway (Light Railway) Company and described in the Schedule to this Order;

"the Trust" means The Festiniog Railway Trust, registered charity no. 239904;

"the undertaking" means the railway and other property, rights and liabilities of the subsisting undertaking of the Welsh Highland Railway (Light Railway) Company.

Transfer of railway to the Company
    3.—(1)  The Liquidator, The Trust, the Holdings Company and the Company may enter into and carry into effect agreements providing for the transfer to and vesting in the Company of the undertaking on such terms and conditions as may be agreed between the Liquidator, The Trust, the Holdings Company and the Company.

    (2)  As from the date upon which such transfer takes effect the Company shall to the exclusion of the Welsh Highland Railway (Light Railway) Company and the Liquidator 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 the undertaking.

Application of principal Order
    4.    Subject to the provisions of this Order, as from the date upon which a transfer under article 3 of this Order takes effect the provisions of the principal Order shall apply to the railway with any necessary modification as if for references to the Welsh Highland Railway (Light Railway) Company there were substituted references to the Company.

Signed by authority of the Secretary of State for Transport

R. A. Allan

An Under Secretary, Department of Transport

14th March 1995

[1] 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; section 24 was amended by the Light Railways Act 1912, section 6 and the Railways Act 1921, section 73(2). back

[2] Railways Act 1921, section 68(1), and S.I. 1970/1681, 1979/571 & 1981/238. back

[3] S.R. & O. 1922/432; S.R. & O. 1923/275. back

Explanatory Note