Citation and commencement

1. This Order may be cited as the Tanfield Railway (Causey Extension)Light Railway Order 1991 and shall come into force on 4th May 1991.

Interpretation

2. In this Order, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned tothem:-

• "the Company" means the Tanfield Railway Company Limited incorporated under theCompanies Acts 1948 to 1967 and having its registered office at 33Stocksfield Avenue, Newcastle upon Tyne NE5 2DX;

• "the County Council" means Durham County Council;

• "the deposited plan" and"the deposited section" mean respectively the plan and section deposited in respect of theapplication for this Order with the Department of Transport;

• "the existing railway" means the line from Sunnyside in the County of Tyne and Wear at theside of the A6076 road (Ordnance Survey Grid ReferenceNo. NZ209585) toMarley Hill in the County of Tyne and Wear (Ordnance Survey GridReference No. NZ207573) approximately ¾ mile south of Sunnyside;

• "the level crossing" means the level crossing located on the road;

• "the principal Act" means the Light Railways Act 1896;

• "the railway" means the railway described in the Schedule to this Order;

• "the road" means the unclassified road between Tanfield and Causey joiningthe A6076 at Causey in the County of Durham (Ordnance Survey GridReference No. NZ206563);

• "Strathmore Estates" means Strathmore English Estates, Norham House, 12 New BridgeStreet West, Newcastle upon Tyne NE1 8AD.

Incorporation and application of enactments

3.-(1) The following provisions of the Railways Clauses Consolidation Act1845(4) so far as the same are applicable for the purposes andare not inconsistent with, or varied by, the provisions of this Order,are incorporated with, and form part of, this Order:-

Sections 3, 7, 13, 16, 24, 46, 49, 50 to 58, 65 to 68, 86 to 88, 103 and 138.

(2) Subject to the provisions of this Order such of the enactmentsmentioned in the Second Schedule to the principal Act as are still inforce shall not apply to the railway except for section 22 of theRegulation of Railways Act 1868(5) (means of communication between passengers and Company'sservants to be provided) and section 1 (power to order certainprovisions to be made for public safety) and section 5 (penalty foravoiding payment of fare) of the Regulation of Railways Act 1889(6).

(3) In its application to the railway section 22 of the Regulation ofRailways Act 1868 shall be read construed and have effect as if thewords"and travels more than twenty miles without stopping" had been omitted.

(4) Without prejudice to the generality of the foregoing, sections 116to 118 of the Transport Act 1968 shall apply to the railway as if forthe references therein to the Board there were substituted references tothe Company.

Power to make railway

4. Subject to the provisions of this Order the Company may on landsleased or held on licence from Strathmore Estates or held on lease fromthe County Council in the line and situation and upon the landsdelineated on the deposited plan and according to the level shown on thedeposited section make and maintain the railway with all necessary worksand conveniences connected therewith and may work the railway as a lightrailway under the principal Act.

Power to deviate

5. In the construction of the railway or any part thereof the Companymay deviate vertically from the level shown on the deposited section toany extent not exceeding 0.50 metres upwards or downwards or to suchfurther extent as the Secretary of State may approve:

Provided that where the railway crosses the road the Company shallnot deviate vertically from the level shown on the deposited section toany extent beyond 10 millimetres upwards or downwards.

As to crossing of road on the level

6.-(1) The Company may in the construction of the railway carry the samewith a single line across and on the level of the road to the west ofthe Causey Arch Inn within the area of the level crossing as shown as onthe deposited plan and section.

(2) The rails of the railway shall be laid and maintained within thearea of the level crossing so that the upper surface is upon a levelwith the surface of the carriageway or footway of the road.

(3) The Company shall erect and maintain gates across the railway oneach side of the road.

(4) The Company shall employ a proper person or proper persons to openand closesuch gates.

(5) Such gates shall be kept constantly closed across the railway exceptduring the time when engines carriages or trucks passing along therailway shall have occasion to cross the road and shall be of suchdimensions and so constructed as when closed across the railway oracross the road to fence in the railway sufficiently.

(6) The Company shall not within the area of the level crossing obstructor hinder the traffic or persons passing along the road for longer thanis reasonably necessary in taking any train, engine, carriage or truckacross the road.

(7) The surface of the carriageway over the crossing shall be maintainedin good and even condition.

(8) The ground at the two edges of the carriageway where it passes overthe crossing shall be made up to the level of the carriageway for adistance of approximately 2 metres beyond each edge

(9) The Company shall provide, maintain and operate at the levelcrossing such lights traffic signs and other devices and appliances asthe Secretary of State may from time to time require.

Power to stop up road

7.-(1) Subject to the provisions of this Order, the Company may for thepurpose of or in connection with the construction and maintenance of therailway temporarily stop up, open, break up, interfere with, alter ordivert all or any part of the carriageway or footway of the part of theroad within the area of the level crossing and may execute and do allnecessary works and things for or in connection with such stopping up,opening, breaking up, interference, alterations or diversion, and forkeeping such carriageway or footway open for traffic, and may remove oralter any lamp-posts, posts and other erections upon the land soaffected.

(2) The Company shall provide reasonable access for all persons bonafide going to or returning from any premises fronting the road or towhich access is gained from the road during any stopping up,interference, alteration or diversion under the powers of this section.

(3) The exercise by the Company of the powers of this article inrelation to any road or footpath shall not prejudice or affect the rightof telecommunication operators to maintain inspect repair renew orremove telecommunications apparatus or break open that road or footpathfor any of those purposes.

Gauge of railway and motive power

8. The railway shall be constructed on a gauge of 1435 millimetres andthe motive power of the railway shall be diesel, diesel electric, steamor such other motive power as the Secretary of State may approve:

• Provided that nothing in this Order shall authorise the use ofelectrical power as motive power on the railway unless such power isobtained from storage batteries or from a source of generation entirelycontained in and carried along with the engines and carriages:

• Provided also that, 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 telecommunicationsapparatus (as defined in Schedule 2 to the Telecommunications Act 1984(7)) or with telecommunications by means of such apparatus.

Restrictions as to weight, speed and conveyance of passengers

9.-(1) The Company shall not use upon the railway any engine, carriage ortruck bringing any weight upon the rails by any one pair of wheelsexceeding such weight as the Secretary of State may allow.

(2) The Company shall not run any train or engine upon any part of therailway at a speed exceeding at any time that fixed by the Secretary ofState for such part.

(3) No part of the railway shall be used for the conveyance ofpassengers without the prior written permission of the Secretary ofState and the Company shall comply with any conditions which theSecretary of State may from time to time prescribe for the safety ofpersons using the Company's railway.

(4) If the Company contravenes any of the provisions of this article itshall for each offence be liable on summary conviction to a fine notexceeding level 2 on the standard scale.

Public liability insurance

10.-(1) In this article:-

• "insurer" means any insurer or insurers authorised under the InsuranceCompanies Act 1982(8) to carry on in the United Kingdom insurance business ofa relevant class or who has corresponding permission under the law ofanother member state of the European Economic Community;

• "policy" means a public liability policy with an insurer providing maximumcover in respect of any one accident on or occasioned by the operationof the railway of not less than £1 million.

(2) (a) The Company shall not work the railway unless there is in forcea policy in accordance with the provisions of this article.

(b)If the Company contravene the provisions of this article they shallbe liable on summary conviction to a fine not exceeding level 5 on thestandard scale or, on conviction on indictment, to a fine.

(3) The adequacy of the cover provided by a policy maintained inaccordance with this article shall be regularly reviewed by the Company.

SCHEDULE

A railway situate partly in the district of Derwentside in theCounty of Durham and partly in the Metropolitan Borough of Gateshead(Tyne and Wear) 3198 metres or thereabouts in length commencing at apoint adjacent to Marley Hill Terrace (Ordnance Survey Grid Ref. No.NZ208 574), such point being a junction with the existing railway,proceeding thence in a generally southerly direction to and terminatingat a point adjacent to the road known as Tanfield Lane (Ordnance SurveyGrid Ref. No. NZ194 548).