Statutory Instruments

1993 No. 1402

TRANSPORT

The Nene Valley Light Railway (Transfer) Order 1993

Made

2nd June 1993

Coming into force

3rd June 1993

The Secretary of State for Transport, on the application of the Commission for the New Towns and the Nene Valley Railway Limited and in exercise of the powers conferred by section 24 of the Light Railways Act 1896(1) and now vested in him(2), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and Commencement

1. This Order may be cited as the Nene Valley Light Railway (Transfer) Order 1993 and shall come into force on 3rd June 1993.

Interpretation

2.-(1) In this Order, unless the context otherwise requires-

"the Commission" means the Commission for the New Towns (to which the property of the Corporation was transferred by the Peterborough Development Corporation (Transfer of Property and Dissolution) Order 1988(3);

"the Company" means the Nene Valley Railway Limited incorporated under the Companies Acts 1948 to 1967 and having its registered office at Wansford Station, Peterborough;

"the Corporation" means the Peterborough Development Corporation;

"the existing Orders" means the 1977 Order and the 1986 Order;

"the leases" means any leases within the definition of article 2 of the 1977 Order or article 2 of the 1986 Order;

"the 1977 Order" means the Nene Valley Light Railway Order 1977(4);

"the 1986 Order" means the Nene Valley Light Railway Order 1986(5);

"the railways" means-

(a)

the railway as defined in the 1977 Order; and

(b)

the railway as defined in the 1986 Order;

"the transfer date" means the date upon which the railways are transferred from the Commission to the Company pursuant to article 3 (Sale of railways to Company) of this Order.

(2) The existing Orders and this Order may be cited together as the Nene Valley Light Railway Orders 1977 to 1993.

Sale of railways to Company

3. The Commission and the Company may enter into and carry into effect agreements providing for the transfer to and vesting in the Company of the railways on such terms and conditions as may be agreed between the Commission and the Company. Transfer of rights etc.

to Company

4.-(1) As from the transfer date the Company shall to the exclusion of the Commission be entitled to the benefit of and to exercise all such rights, powers and privileges and be subject to all such obligations, whether statutory or otherwise, relating to the railways (insofar as the same are subsisting and capable of taking effect) as are vested in the Commission.

(2) For the purposes of paragraph (1) of this article all rights, powers, privileges and obligations transferred from the Corporation to the Company by the leases and subsisting at the transfer date shall be deemed to be vested in the Commission.

Signed by authority of the Secretary of State for Transport

J. R. Coates

An Under Secretary in the

Department of Transport

2nd June 1993

(1)

1896 c. 48; section 24 was amended by the Light Railways Act 1912 (c. 19), section 6 and the Railways Act 1921 (c. 55), section 73(2).

(2)

Railways Act 1921, section 68(1), and S.I. 1970/1681, 1979/571 and 1981/238.

(3)

S.I. 1988/1410.

(4)

S.I. 1977/862.

(5)

S.I. 1986/1000.