The Mid-Suffolk Light Railway Order 2025
The Mid-Suffolk Light Railway Order 2025 grants the Mid-Suffolk Light Railway Company permission to operate and maintain its railway, including a level crossing, and establishes procedures for its potential transfer.
The order specifies details regarding the railway, its maintenance, and the required safety protocols at its level crossing.
It also details processes for transferring ownership or lease of the railway.
Arguments For
Promoting local tourism and economic development: The railway's operation can boost tourism and create jobs in the local area. Evidence of successful heritage railway projects could be cited. Implementation will involve operational procedures and staff hiring.
Preserving historical heritage: The order helps maintain a heritage railway, preserving a significant part of the region's history and culture. Historical significance can be supported by archeological reports, historical maps, or local history records. Implementation involves regular maintenance and preservation of historical artifacts.
Facilitating efficient land use: The Order provides a clear legal framework for the railway's use, improving efficient use of existing land and facilitating potentially beneficial transport solutions. Relevant planning documentation or reports will support this argument. The implementation process already involves securing the required consents and approvals.
Legal basis in the Transport and Works Act 1992: The order is firmly based on existing legislation, ensuring a legal basis for the railway's operation. The Act's provisions are the bedrock of the Order itself. This already includes all necessary legal procedures and safeguards.
Arguments Against
Potential environmental impact: Railway operation may have unforeseen environmental effects, requiring ongoing monitoring and mitigation efforts. Environmental impact assessment reports and potential noise/visual pollution studies should be considered. Implementation requires effective regulation to reduce any adverse effects.
Safety concerns at the level crossing: The level crossing presents a safety risk to pedestrians if not properly maintained and managed. Risk assessments are necessary. Regular maintenance, safety measures, and clear signals are needed to reduce any safety risks.
Financial viability of the railway: The railway's long-term financial sustainability is a key concern, and the order may not address underlying operational costs. Financial projections and business plans are needed to assess long-term economic stability. Implementation should include financial reporting and risk management strategies.
Potential for disputes with landowners: The order’s provisions may not fully address potential disputes regarding land ownership or access rights. Mediation procedures or contractual agreements are important in case of conflicts.
An application has been made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006[1] for an Order under sections 1 and 5 of the Transport and Works Act 1992[2] (“the 1992 Act”).
The Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which, in the opinion of the Secretary of State, do not make any substantial change in the proposals.
Notice of the Secretary of State’s determination was published in the London Gazette on 21 February 2025.
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1, 15 and 17 of Schedule 1 to, the 1992 Act, makes the following Order.
An application was submitted to the Secretary of State to create a legal order for a railway under the Transport and Works Act 1992.
The Secretary of State approved the application, with minor changes, and a notice was published in the London Gazette.
This document is that order.
PART 1PRELIMINARY
Citation and commencement1.
This Order may be cited as the Mid-Suffolk Light Railway Order 2025 and comes into force on 2nd April 2025.
This section gives the order its official title, the Mid-Suffolk Light Railway Order 2025, and states its effective date as April 2nd, 2025.
Interpretation2.
(1)
In this Order—
“the Company” means Mid-Suffolk Light Railway Company, a private company limited by guarantee registered in England and Wales under company number 03244631 (charity number 1063635), whose registered office is at Mid-Suffolk Light Railway Museum, Brockford Station, Wetheringsett, Stowmarket, Suffolk, IP14 5PW;
“the deposited plan” means the plan certified by the Secretary of State as the deposited plan for the purpose of this Order;
“the deposited sections” mean the sections certified by the Secretary of State for the purposes of the Order;
“footpath” has the same meaning as in section 329(1) (further provision as to interpretation) of the Highways Act 1980[3];
“the level crossing” means the point at which the railway crosses Public Footpath 46 in the parish of Wetheringsett cum Brockford, in the County of Suffolk as shown between points X and Y on the deposited plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is construed accordingly;
“protective equipment” includes gates, barriers, lights, traffic signs (within the meaning of section 64 (general provisions as to traffic signs) of the Road Traffic Regulation Act 1984[4]) and manual, mechanical, automatic, electronic or telephonic equipment or other devices;
“the railway” means the railway described in the Schedule together with all land and works relating to it; and
“the undertaker” means the Company and following any sale or lease under article 6 (transfer of railway by undertaker), this expression means or includes the transferee within the meaning of that article.
(2)
All distances, directions and lengths stated in the description of the railway are approximate and distances between points on the railway shall be taken to be measured along the railway.
This section defines key terms used throughout the order. 'The Company' is formally identified, and other terms like 'deposited plan,' 'level crossing,' and 'protective equipment' are clearly defined to avoid ambiguity.
It also clarifies that all distance measurements are approximate and should be measured along the railway's path.
PART 2MAINTENANCE AND OPERATION OF RAILWAY
Power to maintain railway3.
The Company may maintain the railway in accordance with the lines, situations and, where relevant, levels shown on the deposited plan and the deposited sections.
This section grants the Company the power to maintain the railway according to the specifications outlined in the approved plans.
Power to operate and use railway4.
(1)
The Company may operate and use the railway as a system of transport for the carriage of passengers and goods.
(2)
Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 (the provision of railway services) of the Railways Act 1993[5].
This section allows the Company to operate the railway for transporting passengers and goods.
It also clarifies that the order does not override or affect other relevant railway regulations under the Railways Act 1993.
Level crossing5.
The Company must provide, maintain and operate at the level crossing such protective equipment as the Office of Rail and Road may in writing require.
The Company is required to install, maintain, and operate safety equipment at the level crossing as specified by the Office of Rail and Road.
PART 3TRANSFER OF RAILWAY
Transfer of railway by undertaker6.
(1)
In this article—
“lease” includes an underlease and “lease”, where used as a verb, shall be construed accordingly;
“the owner” in relation to the land comprising the railway, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981[6];
“the transferee” means any person to whom the railway, or any part of it, is leased in accordance with this article; and
“the transferred undertaking” means so much of the railway as is leased in accordance with this article.
(2)
The undertaker may, with the written consent of the owner and of the Secretary of State, enter into a lease of the railway, or any part of it, with the transferee on such terms and conditions as may be agreed between the undertaker and the transferee.
(3)
Except as otherwise provided in this Order—
(a)
the transferred undertaking continues to be subject to all statutory or other provisions applicable to the transferred undertaking at the date of the lease (in so far as those provisions continue in force and are capable of taking effect); and
(b)
the transferee is, to the exclusion of the undertaker—
(i)
entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the transferred undertaking; and
(ii)
subject to all obligations, statutory or otherwise, relating to the transferred undertaking (in so far as those provisions continue in force and are capable of taking effect), with the undertaker released from all such obligations.
(4)
Paragraph (3) has effect during the term of any lease granted under paragraph (2).
This section outlines the process for transferring the railway.
It defines terms related to leases and transfers, and states that the transfer requires the consent of the landowner and the Secretary of State.
It also explains that the transferee assumes all responsibilities and rights related to the railway, while the original undertaking is released from those responsibilities.
PART 4MISCELLANEOUS AND GENERAL
Certification of plans etc.7.
The Company must, as soon as practicable after the making of this Order, submit copies of the deposited plans to the Secretary of State for certification that they are respectively, true copies of the deposited plans referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.
The company is required to submit copies of the plans to the Secretary of State for verification, and these certified copies will be admissible as evidence in legal proceedings.
Signed by authority of the Secretary of State for Transport
This section confirms the signature and approval of the order by a designated official of the Department for Transport.
SCHEDULETHE RAILWAY
The railway 936 metres in length shown on the deposited plan and located within the Mid-Suffolk Light Railway Museum wholly in the parish of Wetheringsett cum Brockford in the County of Suffolk, commencing at Brockford station at the Ordnance Survey National Grid reference point 612865 Eastings and 265930 Northings and terminating at a new halt at the Ordnance Survey National Grid reference point 613740 Eastings and 266153 Northings.
This schedule provides a precise description of the railway's location and length, using Ordnance Survey grid references.
This Order authorises the operation and maintenance of the railway including a level crossing over a public footpath which passes through the site.
This Order further provides for the transfer of the railway by the Company.
A copy of the deposited plan referred to in the Order may be inspected at the offices of Mid-Suffolk Light Railway Company at Mid-Suffolk Light Railway Museum, Brockford Station, Wetheringsett, Stowmarket, Suffolk, IP14 5PW.
This explanatory note summarizes the order's purpose: authorizing railway operation and maintenance, including a level crossing.
It also notes the provision for the railway's transfer and directs those wanting to view the plan to the Mid-Suffolk Light Railway Company's offices.