Statutory Instrument 1997 No. 2465

The North Tyneside Steam Railway Order 1997

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© Crown Copyright 1997

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"highway" and "highway authority" have the same meaning as in the Highways Act 1980[3];

"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace and "maintenance" shall be construed accordingly;

"protective equipment" includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulations Act 1984[4], manual, mechanical, automatic, electronic or telephonic equipment or other devices;

"the railway" means the railway authorised to be constructed by article 4(1) below or any part thereof;

"the sections" means the sections described in rule 7(2) of the Application Rules prepared in connection with the application for this Order and marked by the Secretary of State as "the sections" for the purposes of this Order;

"street" includes part of a street; and

"street authority", in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 1991[5].

Incorporation of general Acts
     3.  - (1) The following provisions of the Railways Clauses Consolidation Act 1845[6] shall be incorporated in this Order - 

section 24 (obstructing construction of railway);

section 46 (crossing of roads - level crossings);

section 58 (company to repair roads used by them), except for the words from "and if any question" to the end;

section 68 (accommodation works by company);

section 75 (omission to fasten gates);

section 77 (presumption that minerals excepted from acquisition of land);

sections 78 to 85 (as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923[7]);

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) In those provisions, as incorporated in this Order - 

"the company" means the Council;

"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;

"the special Act" means this Order; and

"toll" includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on the railway authorised to be constructed by this Order.

    (3) In its application to the railway, section 24 of the said Act of 1845 shall have effect as if the maximum fine which may be imposed on summary conviction of an offence under that section were, instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.

    (4) In section 46 of the said Act of 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 level".

    (5) The following enactments shall not apply to the railway - 

(a) the Highway (Railway Crossings) Act 1839[8];

(b) section 9 of the Railway Regulation Act 1842[9]; and

(c) the Regulation of Railways Act 1889[10] (except sections 1 and 5).

    (6) Without prejudice to the foregoing provisions of this article, sections 116 to 118 of the Transport Act 1968[11] shall apply to the railway as if references in those sections to the Board were references to the Council.

Power to deviate
     5. In constructing or maintaining the railway, the Council may - 

(a) deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work shown on those plans, and

(b) deviate vertically from the levels shown on the sections - 


(i) to any extent not exceeding 1 metre upwards, or

(ii) to any extent not exceeding 2 metres downwards.

Streets

Level Crossing
     6.  - (1) The Council may in the construction of the railway carry the same with a single line of rails across and on the level of St. Stephen's Way between the points marked A and B on the deposited plans; and nothing in this Order contained or incorporated shall require the provision of keepers at the same crossing.

    (2) The Council shall provide and maintain at the said crossing - 

(a) a self-closing wicket gate, opening away from the line, on each side of the railway, and

(b) signs bearing the wording 'STOP, LOOK AND LISTEN' on each side of the railway facing towards pedestrians approaching the level crossing;

or such other barriers or other protective equipment as the Health and Safety Executive may in writing require.

Power to execute street works
     7.  - (1) The Council may, for the purposes of the authorised works, enter upon so much of the street as is within the limits of deviation for the railway shown on the deposited plans and may - 

(a) place apparatus in the street,

(b) maintain apparatus in the street or change its position, and

(c) execute any works required for or incidental to any works referred to in sub-paragraphs (a) and (b) above (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).

    (2) In this article - 

"apparatus" has the same meaning as in Part III of the New Roads and Street Works Act 1991; and

"the street" means the street known as St. Stephen's Way in the metropolitan borough of North Tyneside.

Temporary stopping up of street
     8.  - (1) The Council, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert the street between the points marked A and B on the deposited plans and may for any reasonable time - 

(a) divert the traffic from the street, and

(b) subject to paragraph (2) below, prevent all persons from passing along the street.

    (2) The Council shall provide reasonable access for pedestrians going to or from premises abutting on the street if there would otherwise be no such access.

    (3) The Council shall not exercise the powers of this article without first consulting the street authority.

    (4) The provisions of the New Roads and Street Works Act 1991 mentioned in paragraph (5) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of the street by the Council under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the Council.

    (5) The provisions of the New Roads and Street Works Act 1991 referred to in paragraph (4) above are - 

section 54 (advance notice of certain works);

section 55 (notice of starting date of works);

section 59 (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

section 69 (works likely to affect other apparatus in the street);

section 76 (liability for cost of temporary traffic regulation);

section 77 (liability for cost of use of alternative route); and

all such other provisions as apply for the purposes of the provisions mentioned above.

    (6) In this article "the street" means the street known as St. Stephen's Way in the metropolitan borough of North Tyneside.

(a) "public sewer or drain" means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, a joint planning board, the Commission for the New Towns, an urban development corporation or a harbour authority within the meaning of the Harbours Act 1964[13],

(b) "watercourse" includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain, and

(c) other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and

(b) in any other case, his last known address at the time of service.

    (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by - 

(a) addressing it to him by name or by the description of "owner", or as the case may be "occupier", of the land (describing it), and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

    (5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

Arbitration
     14. Any difference under any provision of this Order 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 Civil Engineers.



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

26th September 1997

[2] 1992 c.42.back

[3] 1980 c.66.back

[4] 1984 c.27.back

[5] 1991 c.22.back

[6] 1845 c.20.back

[7] 1923 c.20.back

[8] 1839 c.45.back

[9] 1842 c.55.back

[10] 1889 c.57.back

[11] 1968 c.73.back

[12] 1991 c.57.back

[13] 1964 c.40.back

[14] 1978 c.30.back