The Bodmin and Wenford Light Railway Order 1996

• Citation: S.I. 1996/2867
• Sections: 101

Section 1 Citation and commencement

This Order may be cited as the Bodmin and Wenford Light Railway Order 1996 and shall come into force on 2nd November 1996.

Section 2 Interpretation

(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 Board’s railway” means the railway or former railway of the Board described in Schedule 1 to this Order together with all lands and works relating thereto;

“the Bodmin Company” means the Bodmin and Wenford Railway plc whose registered office is at 6 Harleigh Road, Bodmin, Cornwall, PL31 1AQ;

“the Company” means Bodmin and Wenford Rail Freight Limited incorporated under the Companies Acts 1948 and 1981 whose registered office is at Bodmin General Station, Bodmin, Cornwall, PL31 1AQ;

“the Council” means the North Cornwall District Council;

“the lease” means any lease granted under paragraph (1) of article 6 of this Order, any extension of the same or any new lease of the railway or any part thereof granted under any statutory powers or provisions;

“the operators” means the body for the time being authorised pursuant to the powers of this Order and any lease or sub-lease hereunder to work any part of the railway or to exercise any powers of this Order; and

“the railway” means the railway authorised to be constructed and maintained by the operators pursuant to article 5 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part.

(2) In this Order all distances, lengths, measurements, durations and directions stated in any description of works, powers and lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement, duration or direction.

Section 3 Incorporation and modification of enactments

(1) The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order—

section 16 (works to be executed);

section 24 (penalty for obstructing construction of railway);

section 58 (company to repair roads used by them);

section 61 (company to make sufficient approaches and fences to such highways crossing on the level);

section 68 (maintenance of gates, bridges, fences, drains, watering places);

sections 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 (penalty on persons omitting to fasten gates);

sections 77 to 85E (provisions with respect to mines lying under or near the railway);

section 105 (carriage of dangerous goods on railway);

section 145 (penalties to be summarily recovered before two justices); and

section 154 (transient offenders).

(2) The following provisions of the Railways Clauses Act 1863 shall be incorporated in this Order—

section 5 (trains not to be shunted, etc. over level crossings);

section 12 (signals, watchmen, etc.).

(3) This Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.

Section 4 Transfer of rights, etc. from Board

Except as may be otherwise provided in this Order, as from the coming into force of this Order the railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) and the Council shall, subject to articles 6 and 7 below, 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 Board’s railway (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.

Section 5 Power to construct railway

(1) The operators may on the line of the Board’s railway construct and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway for the carriage of freight only under the Act and in accordance with the provisions of this Order.

(2) The railway will be laid on the same levels as, and within the existing formation of, the Board’s railway.

Section 6 Leasing of railway to Company

(1) The Council may lease to the Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Council by article 4 of this Order on such terms and conditions as may be agreed between the Council and the Company.

(2) During the continuance of the lease the Company shall, subject to article 7 below, to the exclusion of the Council be entitled to the benefit of and to exercise all rights, interests, powers and privileges and be subject to all obligations statutory or otherwise as are transferred to or conferred on the Council by this Order and are for the time being in force in respect of the railway or such part thereof as is comprised in the lease.

Section 7 Sub-letting of railway to Bodmin Company

(1) During the continuance and subject to the terms of the lease the Company may sub-let to the Bodmin Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Company in accordance with article 6 above on such terms and conditions as may be agreed between the Company and the Bodmin Company.

(2) During the continuance of any sub-lease granted under paragraph (1) above the Bodmin Company shall to the exclusion of the Company be entitled to the benefit of, and to exercise all such rights, interests, powers and privileges and be subject to all such obligations of the Company whether statutory or otherwise as are transferred to or conferred on the Company pursuant to article 6 above and are for the time being in force in respect of the railway or such part thereof as is comprised in the sub-lease.

Section 8 Gauge of railway and motive power

(1) The railway shall be constructed and operated on the standard gauge of 1435 millimetres (4 feet 8½ inches) and, subject to the provisions of this article, the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve.

(2) Nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.

(3) If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunication by means of such apparatus.

Section 9 Level crossings

(1) The operators may in the construction of the railway carry the same with a single line of rails across and on the level of the roads and footpaths mentioned in column 1 of Schedule 2 below, and situated in the local authority areas, and at the locations, mentioned respectively in columns 2 and 3 of that Schedule.

(2) Notwithstanding anything in any enactment and except as hereinafter provided:—

(a) the operators shall not be required to erect or maintain a station or lodge or to provide keepers at any of the said level crossings;

(b) the operators shall provide, maintain and operate, at each level crossing mentioned in Part I of Schedule 2 below, the signs and other devices and appliances specified in the Part of Schedule 3 below relating to that crossing, and shall observe the conditions and requirements so specified in relation to the use and operation of that crossing;

(c) the operators shall provide, at each level crossing mentioned in Part II of Schedule 2 below, the signs specified in Schedule 4 below.

(3) In Schedule 3 to this Order—

(a) references to “the Regulations” are references to the Traffic Signs Regulations and General Directions 1994 ;

(b) references to Class I retro-reflecting material are to Class I retro-reflecting material as defined in British Standard 873 part 6 or an equivalent standard;

(c) references to “the specified road” are references to the road to be crossed by the railway at the relevant crossing.

Section 1 A. Particulars of the Barriers and other Protective Equipment

A lifting barrier shall be pivoted as close to the railway as practicable on both sides of the specified road on each side of the railway.

Section 1 A. Particulars of the Protective Equipment

A traffic sign of the size, colour and type shown in Diagram 602 in the Regulations shall be provided on the left hand side of the specified road as close to the railway as practicable. Each of the signs shall face outwards from the crossing towards approaching road traffic.

Section 1 A. Particulars of the Gates and Other Protective Equipment

A gate shall be pivoted on each side of the railway on the east side of the specified road as close to the railway as practicable. An additional gate shall be pivoted on the north side of the railway 200 metres west of the specified road.

Section 1 A. Particulars of the Gates and Other Protective Equipment

A gate shall be pivoted on the right hand side of the specified road on each side of the railway as close to the railway as practicable.

Section 1 A. Particulars of the Gates and Other Protective Equipment

Two gates shall be pivoted on the right hand side of the specified road on each side of the railway as close to the railway as practicable.

Section 2 A. Particulars of the Barriers and other Protective Equipment

When lowered the barriers shall be as nearly horizontal as possible and shall extend across the full width of the carriageway and the footway.

Section 2 A. Particulars of the Protective Equipment

A traffic sign of the size, colour and type shown in Diagram 774 in the Regulations shall be provided on each side of the specified road on each side of the railway. The signs on the left hand side of the specified road shall be mounted immediately above the signs mentioned in paragraph 1 above. All of the signs shall face outwards from the crossing towards approaching road traffic.

Section 2 A. Particulars of the Gates and Other Protective Equipment

The uppermost surface of the gates shall be not less than 1450 mm above the road surface at the centre of the carriageway or the running surface of the rails and the underclearance between the gates and the carriageway or the running surface shall not exceed 150 mm.

Section 2 A. Particulars of the Gates and Other Protective Equipment

The uppermost surface of the gates shall be not less than 1450 mm above the road surface at the centre of the carriageway and the underclearance between the gates and the carriageway shall not exceed 150 mm.

Section 2 A. Particulars of the Gates and Other Protective Equipment

The uppermost surface of the main gates shall be not less than 1450 mm above the road surface at the centre of the carriageway and the underclearance between the gates and the carriageway shall not exceed 150 mm. The dimensions of height and underclearance of the secondary gates shall be the same as those of the main gates but shall be measured from the running surface of the rails at the point where they close the railway.

Section 3 A. Particulars of the Barriers and other Protective Equipment

When the barriers are fully lowered their uppermost surfaces shall be not less than 900 millimetres (“mm”) above the road surface at the centre of the carriageway and the underclearance between the barriers and the carriageway shall not exceed 1000& mm.

Section 3 A. Particulars of the Protective Equipment

A traffic sign of the size, colour and type shown in Diagram 778 in the Regulations shall be provided on the left hand side of the specified road as close to the railway as practicable and shall be mounted immediately below the signs mentioned in paragraph 1 above. Each of the signs shall face outwards from the crossing towards approaching road traffic.

Section 3 A. Particulars of the Gates and Other Protective Equipment

When closed to road vehicles the gates on the specified road shall extend across the full width of the carriageway.

Section 3 A. Particulars of the Gates and Other Protective Equipment

When closed to road vehicles the gates shall extend across the full width of the carriageway.

Section 3 A. Particulars of the Gates and Other Protective Equipment

When closed to road vehicles the main gates shall extend across the full width of the carriageway. When the main gates are open to road vehicles the secondary gates shall close off the full width of the railway between the boundary fences.

Section 4 A. Particulars of the Barriers and other Protective Equipment

When in the fully raised position the barriers shall be inclined towards the carriageway at an angle of between 5 and 10 degrees from the vertical. No part of any barrier or of any attachment thereto which is less than 5 metres above the level of the carriageway shall be horizontally displaced from the nearer edge of the carriageway by less than 450 mm and no part of any barrier or any attachment thereto which is less than 2 metres above the level of the footway shall be horizontally displaced from that edge of the footway further from the carriageway by less than 150 mm.

Section 4 A. Particulars of the Protective Equipment

A traffic sign of the size, colour and type shown in Diagram 775 in the Regulations shall be provided on each side of the specified road one each side of the railway. The signs on the left hand side of the specified road shall be mounted immediately below the signs mentioned in paragraph 3 above. Each of the signs shall face outwards from the crossing towards approaching road traffic.

Section 4 A. Particulars of the Gates and Other Protective Equipment

When open to road vehicles the gates on the east side of the carriageway shall be parallel with the edge of the carriageway and complete the fencing of the railway on the same side of the specified road and the additional gate on the west side of the specified road shall be completely closed over the railway.

Section 4 A. Particulars of the Gates and Other Protective Equipment

Each gate shall be provided with a suitable mechanism to secure the gate in position. Such mechanism shall secure the gates in the open or closed positions and when the railway line is not being operated shall also serve to secure the gates against unauthorised operation.

Section 4 A. Particulars of the Gates and Other Protective Equipment

Each gate shall be provided with a suitable mechanism to secure the gate in position. Such mechanism shall secure the gates in the open or closed positions and when the railway line is not being operated shall also serve to secure the gates against unauthorised operation.

Section 5 A. Particulars of the Barriers and other Protective Equipment

The barriers shall be as light as possible but shall also be strong enough to prevent distortion or fracture likely to be caused by wind pressure.

Section 5 A. Particulars of the Protective Equipment

A traffic sign of the size, colour and type shown in Diagram 785 in the Regulations shall be provided below the sign mentioned in paragraph 1 above and shall be mounted on or adjacent to the post thereof and shall face outwards from the crossing towards approaching road traffic.

Section 5 A. Particulars of the Gates and Other Protective Equipment

Each gate shall be provided with a suitable mechanism to secure the gate in position. Such mechanism shall secure the gates in the open or closed positions and when the railway line is not being operated shall also serve to secure the gates against unauthorised operation.

Section 5 A. Particulars of the Gates and Other Protective Equipment

The gates shall be as light as possible but shall also be strong enough to prevent distortion or fracture likely to be caused by wind pressure.

Section 5 A. Particulars of the Gates and Other Protective Equipment

The gates shall be as light as possible but shall also be strong enough to prevent distortion or fracture likely to be caused by wind pressure.

Section 6 A. Particulars of the Barriers and other Protective Equipment

The barriers shall display on both front and rear faces alternate red and white bands each approximately 600 mm long and to the full depth of the barriers. A band of red retro-reflecting material not less than 50 mm deep shall be provided along the full length of each red band.

Section 6 A. Particulars of the Protective Equipment

A stop board of standard railway design displaying the words “stop—await instructions” shall be provided on the western railway approach to the crossing 25 metres before the crossing. The stop board shall be provided with Class I retro-reflecting material or shall be illuminated.

Section 6 A. Particulars of the Gates and Other Protective Equipment

The gates shall be as light as possible but shall also be strong enough to prevent distortion or fracture likely to be caused by wind pressure.

Section 6 A. Particulars of the Gates and Other Protective Equipment

The gates shall be so constructed that no interstice between the constituent members thereof shall be greater than 150 mm.

Section 6 A. Particulars of the Gates and Other Protective Equipment

The gates shall be so constructed that no interstice between the constituent members thereof shall be greater than 150 mm.

Section 7 A. Particulars of the Barriers and other Protective Equipment

Suitable screening shall be provided for each barrier machine to guard against danger to persons from the operating mechanism and moving parts of the machine.

Section 7 B. Conditions and Requirements to be observed by the Operator

The surface of the carriageway over the crossing shall be maintained in a good and even condition. The carriageway shall be approximately 3 metres wide.

Section 7 A. Particulars of the Gates and Other Protective Equipment

The gates shall be so constructed that no interstice between the constituent members thereof shall be greater than 150 mm.

Section 7 A. Particulars of the Gates and Other Protective Equipment

The gates shall be painted in white and shall each display a circular plate of Red Class I retro-reflecting material and not less than 750 mm in diameter. The plates shall be fixed to the gates such that when the gates are closed to road traffic they shall be located in the centre of the face of the gates directed towards approaching road traffic. The top rail of each gate shall display a horizontal band of red retro-reflecting material on the face directed towards approaching road traffic. The bands shall each be approximately 600 mm long and 50 mm deep and shall be displaced from each other by a space of 600 mm.

Section 7 A. Particulars of the Gates and Other Protective Equipment

The gates shall be painted in white and the main gates shall each display a circular plate of Red Class I retro-reflecting material and not less than 750 mm in diameter. The plates shall be fixed to the gates such that when the gates are closed to road traffic they shall be located in the centre of the face of the gates directed towards approaching road traffic. The top rail of each main gate shall display a horizontal band of red retro-reflecting material on the face directed towards approaching road traffic. The bands shall each be approximately 600 mm long and 50 mm deep and shall be displaced from each other by a space of 600 mm.

Section 8 A. Particulars of the Barriers and other Protective Equipment

Two electric lamps, each of not less than 5 watts nominal rating and with lenses of not less than 50 mm diameter, shall be fitted to each barrier, one within 150 mm of its tip and the other near its centre. When illuminated the lamps shall show a red light in each direction along the carriageway.

Section 8 B. Conditions and Requirements to be observed by the Operator

Drivers of trains travelling in the east bound direction shall bring their trains to a halt at the stop board mentioned in paragraph 6 above and shall not proceed until they have been hand-signalled forward by the person in charge of the crossing.

Section 8 A. Particulars of the Gates and Other Protective Equipment

The gates shall be painted all over in white and shall each display a circular plate of Red Class I retro-reflecting material not less than 750 mm in diameter. The plates shall be fixed to the gates such that when the gates are closed to road traffic they shall be located in the centre of the face of the gates directed towards approaching road traffic. The top rail of each gate shall display a horizontal band of red retro-reflecting material on the face directed towards approaching road traffic. The bands shall each be 600 mm long and 50 mm deep and shall be displaced from each other by a space of 600 mm.

Section 8 A. Particulars of the Gates and Other Protective Equipment

Provision shall be made for a lamp to be mounted in the centre of each gate. This lamp shall when lit show a red light to approaching road traffic.

Section 8 A. Particulars of the Gates and Other Protective Equipment

Provision shall be made for a lamp to be mounted in the centre of each gate. This lamp shall when lit show a red light towards approaching road traffic.

Section 9 A. Particulars of the Barriers and other Protective Equipment

There shall be an additional swinging barrier on each side of the road. Each shall be operated by hand and so arranged and secured when in the normal position as to close off the railway line from the road. Each barrier shall be independent of the other and shall be capable of swinging clear of the railway and the road when it is required to move trains or road vehicles along the railway.