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RAILWAYS ACT (NORTHERN IRELAND) 1934

RAILWAYS ACT (NORTHERN IRELAND) 1934 - LONG TITLE

An Act to amend the law relating to railways.
[5th June 1934]
Power to hold, sell or otherwise dispose of lands.

RAILWAYS ACT (NORTHERN IRELAND) 1934 - SECT 1

1.(1) A railway company shall have power, and shall be deemed
always to have had power, to sell, lease, grant in fee farm,
exchange, mortgage or otherwise dispose of any land, vested in the
company or hereafter acquired by the company under the powers of
any enactment, which is not at the time of such sale or other
disposition being used for the purposes of the company's undertaking,
whether or not such land has been previously so used, or to
retain, hold and use such land.

(2) On any sale or other disposition by a railway company under
this section the other party thereto shall not be concerned or
entitled to enquire whether or not the land is or is not being
used for the purposes of the company's undertaking.

(3) Sections one hundred and twenty-seven to one hundred and
thirty-one of the Lands Clauses Consolidation Act, 1845, shall not
apply to any land vested in a railway company or hereafter acquired
by a railway company under the powers of any enactment.

(4) The purchase money arising from sales of land under this
section shall be applied only to purposes to which capital is
properly applicable.

RAILWAYS ACT (NORTHERN IRELAND) 1934 - SECT 2
Amendments as to level crossings.

2.(1) If, upon an application made to the Ministry by the railway
company concerned, the Ministry is satisfied that it is expedient so
to do, it may direct that the gates on any level crossing over a
public road shall, instead of being kept closed across the road, be
kept closed across the railway, either constantly, or on such days,
or during such portions of any day, as the Ministry thinks fit,
and, if the Ministry so directs, the gates shall, notwithstanding
anything in any enactment to the contrary, be kept closed in
accordance with its direction, except when engines or vehicles
passing along the railway have occasion to cross the road and if
the person entrusted with the care of the gates fails to comply
with the direction of the Ministry, such person shall on summary
conviction be liable to a penalty of [#2] for each offence.

(2) The powers conferred upon the Ministry by the preceding
sub-section shall be deemed to be in addition to, and not in
derogation of, any powers conferred upon it by section forty-seven
of the Railways Clauses Consolidation Act, 1845, or by any provision
in any other enactment which relates to the closing of gates on
level crossings.

(3) So much of section forty-eight of the Railways Clauses
Consolidation Act, 1845, as requires that where a railway crosses a
road, to which the said section applies, on a level adjoining to a
station, all trains shall be made to slacken their speed before
arriving at the road, and shall not cross it at a greater rate of
speed than four miles an hour, and so much of any section of any
other enactment as contains provisions substantially to the like
effect, shall cease to have effect.

RAILWAYS ACT (NORTHERN IRELAND) 1934 - SECT 3
Amendment as to duty of railway company to report certain accidents.

3.(1) Section six of the Regulation of Railways Act, 1871 (which
imposes upon a railway company the duty of notifying to the
Ministry certain accidents) as extended by sub-section (2) of section
thirteen of the Railway Employment (Prevention of Accidents) Act,
1900, shall have effect subject to the following modifications:

(i)An accident which is attended with personal injury to a person
or persons in the employment of the railway company, but which does
not disable any such person for more than three days from earning
full wages at the work at which he was employed, need not be
notified to the Ministry if, but for the fact that it was attended
with personal injury, notification would not have been required by
the said section six as so extended; but if, and so soon as, it
is known that any person injured has been so disabled for more
than three days, the company shall notify the accident by the
earliest practicable post;

(ii)An accident which occurs to a person not in the employment of
the railway company, and which is not connected with the movement
of any engine or railway vehicle, need not be notified to the
Ministry by the earliest practicable post, but all such accidents as
are referred to in this paragraph shall be notified to the Ministry
in such manner and at such times as may be required by directions
given by it under the said section six.

(2) Nothing in the Notice of Accidents Acts, 1894 and 1906, shall
be construed as requiring notice to be given of any accident if,
but for the provisions of this section, notification of that
accident would have been required by section six of the Regulation
of Railways Act, 1871, as so extended as aforesaid.

RAILWAYS ACT (NORTHERN IRELAND) 1934 - SECT 4
Power to operate signals and points by electricity.

4. A railway company may, with the approval of the Ministry,
operate its signals and the railway points associated with such
signals by means of electrical energy,....

RAILWAYS ACT (NORTHERN IRELAND) 1934 - SECT 5
Interpretation.

5.(1) In this Act, unless the context otherwise requires, the
following expressions have the meanings hereby assigned to them:

"Enactment" includes any Act (whether a public general Act or not)
and an Order confirmed by, or having the effect of, an Act:

"Land" includes buildings and water and any interest in land or
water and any easement or right in, to or over land, buildings or
water:

"Ministry" means Ministry of Commerce:

"Railway company" includes a committee of a railway company, a joint
committee of two or more railway companies, and any person or body
being the owner or lessee of or working any railway constructed or
carried on under the powers of any enactment:

"Undertaking" includes the provision and running of road vehicles
under the Railways (Road Vehicles) Act (Northern Ireland), 1927.

Subs.(2) rep. by 1954 c.33 (NI) s.48(1) sch.

RAILWAYS ACT (NORTHERN IRELAND) 1934 - SECT 6
Short title.

6. This Act may be cited as the Railways Act (Northern Ireland),
1934.