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REGULATION OF RAILWAYS ACT 1873

REGULATION OF RAILWAYS ACT 1873 - LONG TITLE

An Act to make better provision for carrying into effect the
Railway and Canal Traffic Act, 1854, and for other purposes
connected therewith.{1}
[21st July 1873]
Preliminary

REGULATION OF RAILWAYS ACT 1873 - SECT 1

1. This Act may be cited as "The Regulation of Railways Act,
1873."

S.2 rep. by SLR 1893 (No.2)

REGULATION OF RAILWAYS ACT 1873 - SECT 3
Definitions.

3. In this Act

The term "railway company" includes any person being the owner or
lessee of or working any railway in the United Kingdom constructed
or carried on under the powers of any Act of Parliament:

The term "canal company" includes any person being the owner or
lessee of, or working, or entitled to charge tolls for the use of
any canal in the United Kingdom constructed or carried on under the
powers of any Act of Parliament:

The term "person" includes a body of persons corporate or
unincorporate:

The term "railway" includes every station, siding, wharf, or dock of
or belonging to such railway and used for the purposes of public
traffic:

The term "canal" includes any navigation which has been made under
or upon which tolls may be levied by authority of Parliament, and
also the wharves and landing-places of and belonging to such canal
or navigation, and used for the purposes of public traffic:

The term "traffic" includes not only passengers and their luggage,
goods, animals, and other things conveyed by any railway company or
canal company, but also carriages, waggons, trucks, boats, and
vehicles of every description adapted for running or passing on the
railway or canal of any such company:

Definition spent

The term "special Act" means a local or local and personal Act, or
an Act of a local and personal nature, and includes a Provisional
Order of the Board of Trade confirmed by Act of Parliament, and a
certificate granted by the Board of Trade under the Railways
Construction Facilities Act, 1864:

Definitions rep. by 1888 c.25 s.59 sch.; SLR 1893 (No.2)

S.4 rep. by 1888 c.25 s.59 sch. S.5 rep. by 1949 c.11 s.8 sch.

REGULATION OF RAILWAYS ACT 1873 - SECT 6
Jurisdiction of Railway Commissioners.

6. Any person complaining of anything done or of any omission made
in violation or contravention of... this Act,..., may apply to the
Commissioners, and upon the certificate of the Board of Trade
alleging any such violation or contravention any person appointed by
the Board of Trade in that behalf may in like manner apply to the
Commissioners; and for the purpose of enabling the Commissioners to
hear and determine the matter of any such complaint, they shall
have and may exercise all the jurisdiction conferred by section
three of the Railway and Canal Traffic Act, 1854, on the several
courts and judges empowered to hear and determine complaints under
that Act; and may make orders of like nature with the writs and
orders authorised to be issued and made by the said courts and
judges; and the said courts and judges shall, except for the
purpose of enforcing any decision or order of the Commissioners,
cease to exercise the jurisdiction conferred on them by that
section.

REGULATION OF RAILWAYS ACT 1873 - SECT 7
Power for Commissioners to enable companies to explain alleged
violation of law.

7. Where the Commissioners have received any complaint alleging the
infringement by a railway company or canal company of the provisions
of any enactment in respect of which the Commissioners have
jurisdiction, they may, if they think fit, before requiring or
permitting any formal proceedings to be taken on such complaint,
communicate the same to the company against whom it is made, so as
to afford them an opportunity of making such observations thereon as
they may think fit.

REGULATION OF RAILWAYS ACT 1873 - SECT 8
Differences between railway and canal companies to be referred to
Commissioners.

8. Where any difference between railway companies or between canal
companies, or between a railway company and a canal company, is,
under the provisions of any general or special Act, passed either
before or after the passing of this Act, required or authorised to
be referred to arbitration, such difference shall at the instance of
any company party to the difference and with the consent of the
Commissioners be referred to the Commissioners for their decision in
lieu of being referred to arbitration: Provided, that the power of
compelling a reference to the Commissioners in this section contained
shall not apply to any case in which any arbitrator has in any
general or special Act been designated by his name or by the name
of his office, or in which, a standing arbitrator having been
appointed under any general or special Act, the Commissioners are of
opinion that the difference in question may more conveniently be
referred to him.

REGULATION OF RAILWAYS ACT 1873 - SECT 9
Power to refer differences to Commissioners.

9. Any difference to which a railway company or canal company is a
party may, on the application of the parties to the difference, and
with the assent of the Commissioners, be referred to them for their
decision.

REGULATION OF RAILWAYS ACT 1873 - SECT 10
Transfer to Commissioners of certain powers and duties of the Board
of Trade.

10. The following powers and duties of the Board of Trade shall be
transferred to the Commissioners; namely,

(1)The powers of the Board of Trade under Part III of the Railway
Clauses Act, 1863, or under any special Act, with respect to the
approval of working agreements between railway companies; and,

(2)The powers and duties of the Board of Trade under section
thirty-five of the Railway Clauses Act, 1863, with respect to the
exercise by railway companies of their powers in relation to steam
vessels:

Ss.1113 rep. by 1888 c.25 s.59 sch.

REGULATION OF RAILWAYS ACT 1873 - SECT 14
Publication of rates.

14. Every railway company and canal company shall keep at each of
their stations and wharves a book or books showing every rate for
the time being charged for the carriage of traffic, other than
passengers and their luggage, from that station or wharf to any
place to which they book, including any rates charged under any
special contract, and stating the distance from that station or
wharf of every station, wharf, siding, or place to which any such
rate is charged.

Every such book shall during all reasonable hours be open to the
inspection of any person without the payment of any fee.

The Commissioners may from time to time on the application of any
person interested, make orders with respect to any particular
description of traffic, requiring a railway company or canal company
to distinguish in such book how much of each rate is for the
conveyance of the traffic on the railway or canal, including therein
tolls for the use of the railway or canal, for the use of
carriages or vessels, or for locomotive power, and how much is for
other expenses, specifying the nature and detail of such other
expenses.

Any company failing to comply with the provisions of this section
shall for each offence, and in the case of a continuing offence,
for every day during which the offence continues, be liable to a
penalty not exceeding five pounds, and such penalty shall be
recovered and applied in the same manner as penalties imposed by
the Railways Clauses Consolidation Act, 1845,... are for the time
being recoverable and applicable.

Ss.1517 rep. by SLR (NI) 1954. Ss.1820 rep. by 1953 c.36 s.91
sch.3

Ss.2125 rep. by 1888 c.25 s.59 sch.

REGULATION OF RAILWAYS ACT 1873 - SECT 26
Orders of Commissioners.

26. Any decision or any order made by the Commissioners for the
purpose of carrying into effect any of the provisions of this Act
may be made a rule or order of any superior court, and shall be
enforced either in the manner directed by section three of the
Railway and Canal Traffic Act, 1854, as to the writs and orders
therein mentioned, or in like manner as any rule or order of such
court.

For the purpose of carrying into effect this section, general rules
and orders may be made by any superior court in the same manner
as general rules and orders may be made with respect to any other
proceedings in such court.

...

Ss.2731 rep. by 1888 c.25 s.59 sch.; 1949 c.11 s.8 sch.

S.32 rep. by SLR 1893 (No.2); 1949 c.11 s.8 sch. S.33 rep. by SLR
1883. S.34 rep. by 1888 c.25 s.59 sch.

REGULATION OF RAILWAYS ACT 1873 - SECT 35
Notices, how to be given.

35. Any notice required or authorised to be given under this Act
may be in writing or in print, or partly in writing and partly in
print, and may be sent by post, and if sent by post shall be
deemed to have been received at the time when the letter containing
the same would have been delivered in the ordinary course of the
post; and in proving such sending it shall be sufficient to prove
that the letter containing the notice was prepaid and properly
addressed and put into a post office.

S.37 rep. by 1888 c.25 s.59 sch.