Railways (Miscellaneous) Act, 1932
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Cesser of running of certain services of trains. |
8.—(1) The Minister may, by order made on the application of a company owning a railway line to which this Part of this Act applies, authorise such company to cease, as from the coming into operation of such order until otherwise provided by a subsequent order under this Part of this Act, to run any trains over such railway line. | |
(2) The following provisions shall have effect in relation to an order made under this section, that is to say:— | ||
(a) the Minister shall not make such order unless he is satisfied that, having regard to the alternative transport facilities which are or will be available in the district served by, the railway line to which such order relates, adequate transport facilities will be available to the public in such district notwithstanding the cesser of the running of trains over such railway line; | ||
(b) from and after the coming into operation of such order and unless or until such order is revoked by a subsequent order under this Part of this Act, it shall not be obligatory under this Act or otherwise for the company owning the railway line to which such order relates to run any trains on such railway line; | ||
(c) such order shall not relieve from or affect any liability of the company owning the railway line to which such order relates to maintain all bridges, level crossings, fences, drains, and other works constructed and maintained for the use, accommodation, or protection of the public generally or of any section of the public or of the owners or the occupiers of particular lands; | ||
(d) from and after the coming into operation of such order and unless or until such order is revoked by a subsequent order under this Part of this Act, so much of section 47 of the Railway Clauses Consolidation Act, 1845 , as makes it obligatory on a railway company to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on the railway line to which such order relates if and so long as all the gates of such level crossing are kept and secured in such position as to permit the free passage of road traffic across such line at such crossing. |