MINISTRY OF TRANSPORT (LIGHT RAILWAYS PROCEDURE) RULES, 1927, Dated March 1, 1927, Made by the Minister of Transport WITH RESPECT TO APPLICATIONS TO HIM UNDER THE LIGHT RAILWAYS ACTS, 1896 (59 & 60 VICT. C. 48), AND 1912 (2 & 3 GEO. 5. C. 19) AS MODIFIED AND AMENDED BY THE RAILWAYS ACT, 1921 (11 & 12 GEO. 5. C. 55).(a)

Publication Date:January 01, 1927
 
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1927No. 196

RAILWAYS

4. Light Railways

(1) Procedure Rules

THE MINISTRY OF TRANSPORT (LIGHT RAILWAYS PROCEDURE) RULES, 1927, DATED MARCH 1, 1927, MADE BY THE MINISTER OF TRANSPORT WITH RESPECT TO APPLICATIONS TO HIM UNDER THE LIGHT RAILWAYS ACTS, 1896 (59 & 60 VICT. C. 48), AND 1912 (2 & 3 GEO. 5. C. 19) AS MODIFIED AND AMENDED BY THE RAILWAYS ACT, 1921 (11 & 12 GEO. 5. C. 55).(a)

Notice by Advertisement.

Notice by advertisement.

1. Notice of intention to apply to the Minister of Transport for an Order must be published by advertisement, once at least in each of two consecutive weeks in the month in which the application is made, in some local newspaper or newspapers circulating in the area traversed by the railway to which the application relates. Copies of any such newspaper containing these advertisements must be sent as soon as published to the Ministry of Transport.

Contents of notice.

2. The notice must state the name of the person, company or council (hereinafter referred to as "the promoters") by whom the application is to be made, and must be subscribed with the name of the person responsible for the publication of the notice.

In the case of an application for an Order authorising a light railway the notice must—

(1) describe generally (a) the line of the railway and its termini, and (b) the lands proposed to be taken (stating the quantity and purpose for which it is proposed to take them, and where any common as defined by Section 21 of the Light Railways Act, 1896, is intended to be taken or used, stating the name of such common and the name of any parish in which the same is situate, together with an estimate of the quantity of such common proposed to be taken or used, and if it is proposed to take any lands compulsorily for the purpose of erecting a station for generating electrical energy stating the quantity and situation of such lands, and where it is proposed to use

(a) Note.—These rules will regulate the procedure before the Minister of Transport where a scheme for a light railway has been matured, and it is intended to make a formal application for an Order.

The Minister will at all times be prepared to give every facility in his power for considering and maturing proposals for the construction of light railways to be submitted to him.

the water of any stream, river or lake for the purposes of such station so stating); and

(2) describe the proposed gauge and motive power of the railway.

In the case of an application for an amending Order, or for an Order under Section 18 of the Light Railways Act, 1896, the notice must state the nature of the proposals.

The notice must name a place or places at which a plan of the proposed works and of the lands to be taken and a book of reference to the plan and a section and an estimate such as is hereinafter described will be deposited on the last day of the month in which the notice is advertised or on some previous day, and will thereafter be open for inspection at all reasonable hours, and the notice must state that at the same place or places and on and after the same day copies of the draft Order can be obtained on payment of [naming the price] per copy, and must also state that the draft order, plan, section, book of reference, and estimate will be deposited with the clerks of the councils (specifying the said councils) for inspection in the manner hereinafter provided.

The notice must contain an intimation to the effect and (as nearly as may be) in the form of the first paragraph of Rule 14.

"Gazette" advertisement.

3. A short advertisement of the intention to apply to the Minister of Transport for an Order must also be published in the "London" or "Edinburgh Gazette," as the case may be, during the month in which the notice is advertised.

The advertisement must state the names of the promoters and of their solicitors or agents, and in the case of a new railway, the termini of the railway and the names of any counties or parishes through which the railway is to run, and in the case of an amending Order, or of an Order under Section 18 of the Light Railways Act, 1896, as shortly as possible the nature of the proposals.

Deposits to be made.

Deposits with local authorities.

4. Copies of the notice, draft Order, plan, section, and book of reference, and of the estimate hereinafter mentioned, must, in the month in which the notice is advertised, be deposited by the promoters with, or sent by registered post to, the clerk of the council of any county, borough, district, or parish in or through which any part of the railway is proposed to be made or which is otherwise affected; and the above documents shall be open to inspection during office hours: Provided that, in the case of a borough, district or parish council, it shall be sufficient for so much only of the plan, section and book of reference as relates to the district of each such council to be so deposited or sent.

With the above documents there must also be deposited a sheet or sheets of the ordnance map, on the scale of not less than one inch to a mile, with the whole line of railway and its mile points indicated thereon, so as to show generally the course, length, and direction of the railway.

Deposits with Government Departments.

5. In the month in which the notice is advertised the promoters must deposit copies of the notice and draft Order with the Board of Trade, the Postmaster-General, the Commissioners of Customs and Excise and the Office of Works; and copies of the notice only with the Treasury, the Ministry of Agriculture and Fisheries, the Commissioners of Inland Revenue, the Admiralty, the War Office and the Commissioners of Crown Lands, and with the Scottish Office in the case of proposed railways in Scotland. In cases where the promoters are a local authority, or it is proposed in the draft Order that a local authority shall be authorised to make an advance or to guarantee the interest or dividends on any loan or share capital of a Light Railway Company, the promoters must deposit copies of the notice and draft Order with the Ministry of Health.

Deposits with Mercantile Marine Department of Board of Trade and with Conservators of Rivers.

6. In cases where tidal lands within the ordinary spring tides are to be acquired or in any way affected a copy of the notice and draft Order, and of the plan and section with the ordnance map aforesaid, marked "Tidal Waters," shall in the same month in which the notice is advertised be deposited with the Mercantile Marine Department of the Board of Trade, and on such map, plan and section all tidal waters shall be coloured blue; and if the plan includes any bridges across tidal waters, the dimensions as regards span and headway of the nearest bridges, if any, across the same tidal waters above and below the proposed new bridge shall be marked thereon.

In cases where the work is to be situate on the banks, foreshore or bed of any river similar documents shall in the same month be deposited—

(i) if the river is in England or Wales, with the Conservators or other body (if any) having jurisdiction over such river;

(ii) If the river is in Scotland, with the Scottish Office;

and if the plan includes any tunnel under or bridge over the river, the depth of such tunnel below the bed of the river or the span and headway of such bridge shall be marked thereon.

Deposits where fisheries are affected.

7. In cases where it is proposed to authorise the making, extension or enlargement of any dam, weir, or obstruction to the passage of fish, in any river or estuary, a copy of the notice and draft Order, and of so much of the plan, section, book of reference and ordnance map as relates to the proposed dam, weir, or obstruction shall in the same month in which the notice is advertised be deposited—

(i) if the river or estuary is in England or Wales, with the Ministry of Agriculture and Fisheries, and with the Fishery Board (if any) having jurisdiction over such river or estuary;

(ii) if the river or estuary is in Scotland, with the Fishery Board for Scotland and with any District Fishery Board having jurisdiction over such river or estuary.

Notice and deposits as regards commons.

8. Where the promoters propose to take for the purposes of the light railway any land being part of any common as defined by Section 21 of the Light Railways Act, 1896, or any easement over or affecting any such common, they must send, during the month in which the notice is advertised, to the Ministry of Agriculture and Fisheries a statement in writing, describing the common affected and the mode in which it is affected. The statement must be accompanied by a copy of the draft Order and of so much of the plan, section, book of reference and ordnance map as relates to the common.

Deposit of plans, &c.

9. The plan, section, book of reference, and estimate referred to in the notice must be deposited by the promoters on or before the last day of the month in which the notice is advertised at the place or places named in the notice and shall be open to inspection at all reasonable hours.

In the case of an application for an Order under Section 18 of the Light Railways Act, 1896, the promoters must deposit with the Minister of Transport with the application—

(a) A sheet or sheets of the ordnance map, on the scale of not less than six inches to the mile, indicating thereon the railway, and in the case of an existing railway, the position of the stations, signal-boxes and level crossings:

(b) A section of the railway on the same scale:

(c) Where it is proposed to alter the provisions applicable to any level crossing a plan of any such crossing, on a scale of not less than 1-500, or 126.72 inches to the mile, showing the railway and the road approaches on either side for a distance of 200 yards from the crossing, and a section, on the same scale, of any such crossing, showing the gradients on the road approaches for the same distance. Such plan must show all embankments,...

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