Statute Law Repeals - Law Commission - Ministry of Justice

9.16 The dissolution of the company in 1874 and the consequential abandonment of
the railway project means that both the 1871 and 1874 Acts have become
obsolete.
(3) Athenry and Tuam Railway
9.17 The Athenry and Tuam Railway (Claremorris Abandonment) Act 1877 15 was
passed to authorise the abandonment of a project to construct a railway between
Tuam and Kilcolman, an area that now falls within the Republic of Ireland. The
railway was planned as an extension railway and would have been built by the
Athenry and Tuam Railway Company.
9.18 In the event, the project was abandoned because the company was unable to
raise the necessary capital. The 1877 Act became obsolete once its
abandonment provisions had taken effect.
9.19 A further ground for repealing the 1877 Act is that, since the establishment of the
Irish Free State in 1922, the Act has remained on the statute book of the United
Kingdom without having any effect within the United Kingdom. On this basis two
other enactments relating to the company may be repealed at the same time.
These are the Athenry and Tuam Railway Act 1858 16 and the Athenry and Tuam
Railway (Leasing or Sale) Act 1860. 17 Both Acts remain in force within the
Republic of Ireland and their status there will not be affected by their repeal within
the United Kingdom.
(4) Barry Railway Company
9.20 The Barry Railway Act 1865 18 was passed to authorise the Barry Railway
Company to construct a railway in the former county of Glamorgan in south
Wales. The powers given by the 1865 Act were extended by the Barry Railway
(Alteration) Act 1866, 19 the Barry Railway (Extension) Act 1866 20 and the Barry
Railway Act 1868. 21
9.21 In the event, the railway project was abandoned. On 5 August 1874 a Board of
Trade warrant was issued ordering that the railway should be abandoned. 22 The
railway company itself was wound up in November 1874. 23 Accordingly all four
Acts have become obsolete. 24
15 40 & 41 Vict. c.liii.
16 21 & 22 Vict. c.cxii.
17 23 & 24 Vict. c.clxxxii.
18 28 & 29 Vict. c.ccxxxiv.
19 29 & 30 Vict. c.xcii.
20 29 & 30 Vict. c.cccxxxiii.
21 31 & 32 Vict. c.xcvii.
22 The London Gazette, 18 August 1874, p 4076.
23 The London Gazette, 24 November 1874, p 5723.
24 Their repeal will not affect the operation of the present day Barry Railway which draws its
statutory authority from a series of enactments starting with the Barry Docks and Railway
Act 1884: 47 & 48 Vict. c.cclvii.
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