Summary
This Order authorizes Northampton Steam Railway Limited to construct and operate a light railway on lands leased from Northamptonshire County Council, utilizing the former British Railways Board line in the Daventry district. The Order sets gauge specifications (1435mm), restricts motive power (steam, internal combustion, or Secretary of State-approved alternatives with electrical restrictions), establishes level crossing requirements at specified locations with safety signage and whistle boards, transfers railway rights and obligations from the Board to the Company, and includes standard protections for utility apparatus belonging to gas, electricity, and water undertakers. The Order incorporates portions of the Railways Clauses Consolidation Act 1845 and modifies certain regulatory provisions for application to the Company's railway.
Reason
This Order grants an exclusive operating monopoly to a single private company over specific railway infrastructure, with the Company entitled to benefit 'to the exclusion of the Board.' The detailed prescriptive requirements for level crossings (mandatory signage wording, specific gate designs, whistle board placement) could be achieved through general health and safety law rather than bespoke primary legislation. Heritage railways are leisure/tourism enterprises rather than essential services, and the competitive dynamics that Mises and Hayek identified as essential to economic efficiency are absent when one company is granted exclusive rights to operate on a specific corridor. Removing this Order would not deprive Britons of essential transport infrastructure — alternative recreational and tourist railway experiences remain available through other operators. The utility protection provisions, while reasonable in principle, do not require this specific legislative vehicle and could be addressed through standard easements and utility law.