§ 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 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
- (b) the application, if and so far as may he 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
- (f) the representation on the managing body of the railway of any council who advance, or agree to advance, any money for the purpose of the railway; and
- (g) authorising a Council to advance or borrow money for the purposes of the railway and limiting the amount to he so advanced or borrowed, and regulating the terms on which any money is to be so advanced or borrowed; and
- (h) the manner in which the profits are to be divided, where an advance is made by a council to a light railway company as part of the share capital of the company; and
- (i) the proper audit of the accounts of the managing body of the railway where the managing body is not a local authority and the time within which the railway must be constructed; and
- (j) fixing the maximum rates and charges for traffic; and
- (k) in the case of a new company, requiring the company to make a deposit, and providing for the time of making and the application of the deposit; and
- (l) empowering any local authority to acquire the railway; and
- (m) any other matters, whether similar to the above or not, which may be considered ancillary to the objects of the order or expedient for carrying those objects into effect.
§ *THE EARL OF DUDLEY
moved in paragraph (a) after the words "variations of the" to insert the word "Lands." He said that when the Bill was in the other House an Amendment was moved to insure that where any variation was made by the Board of Trade in the Lands Clauses Act, a special report should be made to Parliament. Unfortunately the word "Lands" was omitted, with the result that under the Bill as it now stood a report would have to be made to Parliament every time an alteration was made not only in the Lands Clauses Act, but also in the Railway Clauses Act, and the Companies Clauses Act. He therefore proposed to make the omission good. His noble friend, the Secretary for Scotland, had asked him to make the word "Act" in his second Amendment "Acts," and to leave out "1845," so as to bring in the Scotch Lands Clauses Act as well as the English.
§ Amendment agreed to.
§ *THE EARL OF DUDLEY
moved in paragraph (a) after the word "subject" to insert the wordsand 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.
§ Amendment agreed to.292
§ Clause 11, as amended, ordered to stand part of the Bill.
§ Clause 12,—