British Railways Act 1981
| Jurisdiction | UK Non-devolved |
British Railways
Act
1981
c. xxiii 1
ELIZABETH H
1981 CHAPTER xxiii
An Act to empower the British Railways Boardto construct
works and to acquire lands; to empower Sealink U.K.
Limited to construct works and to acquire lands; to
confer further powers on the Board and on that
company; and for other purposes. [27th July 1981]
V¥7HEREAS—
(1) By the Transport Act 1962 the British Railways Board
1962
c.
46.
(hereinafter referred to as " the Board ") were established:
(2) It is the duty of the Board under the Transport Act 1962
(inter alia) to provide railway services in Great Britain and, in
connection with the provision of railway services, to provide
such other services and facilities as appear to the Board to be
expedient, and to have due regard, as respects all those railway
and other services and facilities, to efficiency, economy and safety
of operation:
(3) It is expedient that the Board should be empowered to
construct the works authorised by this Act and to acquire the
lands referred to in this Act:
(4) By the British Rail Shipping and Harbours Scheme 1979,
made by the Board in exercise of their powers under section 7
2 c. xxiii
British Railways
Act
1981
1968
c.
73.
of the Transport Act 1968, there were transferred from the Board
to Sealink U.K. Limited (a wholly-owned subsidiary of the
Board and hereinafter referred to as " the company") on
1st January 1979 (inter alia) all the property, rights and liabilities
comprised in those parts of the undertaking of the Board
connected with their shipping and international services and
harbours which immediately before that date were managed and
directed by the Shipping and International Services Division of
the Board:
(5) It is expedient that the company should be empowered to
construct the further works authorised by this Act and to acquire
the further lands referred to in this Act:
(6) It is expedient that the other powers in this Act contained
should be conferred upon the Board and the company as therein
provided, and that the other provisions in this Act contained
should be enacted:
(7) Plans and sections showing the lines or situations and levels
of the works to be constructed under the powers of this Act,
and plans of the lands authorised to be acquired or used by this
Act, and a book of reference to such plans containing the names
of
the
owners and lessees or reputed owners and lessees and of
the
occupiers of the said lands were duly deposited in the office of
the Clerk of the Parliaments and in the Private Bill Office of the
House of Commons and with the proper officers of the Greater
London Council and of the county councils of
the
several counties
within which the said works will be constructed or the said
lands are situated, which plans, sections and book of reference
are respectively referred to in this Act as the deposited
plans,
the
deposited sections and the deposited book of reference:
(8) The purposes of this Act cannot be effected without the
authority of Parliament:
May it therefore please Your Majesty that it may be enacted,
and be it enacted, by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:—
PART I
PRELIMINARY
Short
title.
1. This Act may be cited as the British Railways Act 1981.
Interpretation. 2.—(1) In this Act, unless there be something in the subject
or context repugnant to such construction, the several words
and expressions to which meanings are assigned by the Acts
British Railways
Act
1981
c.
xxiii
3
wholly
or
partly incorporated herewith have
in
relation
to the
PART
I
relative subject-matter
the
same respective meanings, and— —com.
"
the Act of
1839
"
means
the
Highway (Railway Crossings)
Act 1839;
1839
c.
45.
"
the Act of
1842
"
means
the
Railway Regulation
Act
1842;
1842c.
55.
" the Act
of
1845
"
means the Railways Clauses Consolidation
Act 1845;
• 5*
1845
c.
20.
"
the Act of
1863
"
means
the
Railways Clauses
Act
1863;
1863
c
92.
"
the Act of
1963
"
means
the
British Railways
Act
1963;
1963
c.
xviii.
"
the Act of
1967
"
means
the
British Railways
Act
1967; 1967c.xxx.
"
the Act of
1968
"
means
the
British Railways
Act
1968;
1968
c.
xxxiv.
"
the Act of
1969
"
means
the
British Railways
Act
1969;
1969
c.
xliii.
"
the Act of
1970
"
means
the
British Railways
Act
1970;
1970c.
Ixxv.
"
the Act of
1971
"
means
the
British Railways
Act
1971;
1971
c.
xlv.
"the
(No. 2) Act of 1975"
means
the
British Railways
(No.
2) Act
1975;
— i>
"
the Act of
1976
"
means
the
British Railways
Act
1976; 1976c.xxv.
"
the Act of
1978
"
means
the
British Railways
Act
1978;
1978
c.
xxi.
"
the
Board
"
means
the
British Railways Board;
"
the
company
"
means Sealink
U.K.
Limited;
" enactment
"
means
any
enactment, whether public general
or local
and
includes
any
order, byelaw, rule, regulation,
scheme
or
other instrument having effect
by
virtue
of an
enactment;
" the limits
of
deviation
"
means the limits
of
deviation shown
on
the
deposited plans;
" new rights
" in
relation
to any
land means easements
or
other rights over such land which
are not in
existence
at
the
passing
of
this
Act;
"
the
specified enactments
"
means
the Act of
1839, section
9
of
the Act of 1842,
section
47 of the Act of 1845, v
sections
5, 6 and 7 of the Act of 1863 and any
other
provision
to the
same
or
similar effect incorporated y
with,
or
contained
in, any
enactment;
/ .
s/Vjt.
the statutory maximum
"
means
the
prescribed sum/s
.l^ff^M*'
defined
in
sectiorr32(9)
of the
Magistrates' Courts
Act '' ' v
1980;
""" \^
1980
c.
43,
telegraphic line"
has the
meaning assigned
to it by^ 7" ,
"section
Z
oTthe Telegraph ActT878;
\
SM^L^^)
Iw
.ffic sign
" has the
meaning assigned
to it by
section
54 i V
" traffic sign
" has the
meaning assigned
to it by
section
C oTthe Road Traffic Regulation
Act 1967; *"
1967c 76.
"Ihelribunal ^means theXaMsTrTbuiial;
^94-(^.^ y
"
the
works
"
means
the
works authorised
by
Part
II
(Works,
~i ^
"j^*-*
etc.)
of
this
Act. ^
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