Page:Public General Statutes 1896.djvu/438

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418
Ch. 48.
Light Railways Act, 1896.
59 & 60 Vict.

(3.) If the Board of Trade on such consideration are of opinion that by reason of the magnitude of the proposed undertaking, or of the effect thereof on the undertaking of any railwwy company existing at the time, or for any other special reason relating to the undertaking, the proposals of the promoters Ought to be submitted to Parliament, they shall not confirm the order.

(4.) The Board of Trade shall modify the provisions of the order for ensuring the safety of the public in such manner as they consider requisite or expedient.

(5.) If any objection to the order is lodged with the Board of Trade and not withdrawn, the Board of Trade shall consider the objection and give to those by whom it is made an opportunity of being heard, and if after consideration they decide that the objection should be upheld, the Board shall not confirm the order, or shall modify the order so as to remove the objection.

(6.) The Board of Trade may, at any time, if they think fit, remit the order to the Light Railway Commissioners for further consideration, or may themselves hold or institute a local inquiry, and hear all parties interested.

Confirmation of order of Board of Trade. 10 . The Board of Trade may confirm the order with or without modifications as the case may require, and an order so confirmed shall have effect a& if enacted by Parliament, and shall be conclusive evidence that all the requirements of this Act in respect of proceedings required to be taken before the making of the order have been complied with.

Provisions which may be made by the order. 11. An order under this Act may contain provisions consistent with this Act for all or any of the following purposes: —

(a) the incorporation, subject to such exceptions and variations as may be mentioned in the order, of all or any of the provisions of the Clauses Acts as defined by this Act. Provided that where it appears to the Board of Trade that variations of the Lands Clauses Acts are required by the special circumstances of the case, the Board of Trade shall make a special report to Parliament on the subject, and that nothing in this section shall authorise any variation of the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement; and
(b) the application, if and so far as may be considered necessary, of any of the enactments mentioned in the Second Schedule to this Act (being enactments imposing obligations on railway companies with respect to the safety of the public and other matters); and
(c) giving the necessary powers for constructing and working the railway, including power to make agreements with railway and other companies for the purpose; and
(d) giving any railway company any power required for carrying the order into effect; and
(e) the constitution as a body corporate of a company for the purpose of carrying out the objects of the order; and