United Kingdom House of Lords Decisions

Subject_Railway Harbour — Locus — Right to Appear of Other Railways where One Railway is Acquiring a Harbour. Headnote:

The Glasgow and South-Western Railway Company promoted this Order for the purpose of acquiring the harbour of Ayr, taking power also to spend £50,000 upon it. The harbour had always been in financial troubles, and had received help at various times from the Railway Company. Money was again required partly to remedy defects, partly to improve and equip the harbour for the handling of the traffic. The Harbour Trust had not seen its way to raise the required funds, and had approached the Railway Company, with whom terms for a transfer had been arranged. Opposition to the proposal had become restricted to that on the part of (1) the Lanarkshire and Ayrshire Railway Company and (2) the Royal Burgh of Irvine.

Of the harbours on the Ayrshire coast the most northerly, Ardrossan, was owned by a public company, served by the lines of the Glasgow and South-Western and the Lanarkshire and Ayrshire Railway Companies; Irvine was a burgh harbour managed by a Harbour Trust, and served by the lines of the Glasgow and South-Western Railway, the other railway company's line not coming beyond the burgh itself; Troon had been a private harbour, and had recently been acquired by the Glasgow and South-Western Railway Company, whose lines served it; Ayr was the fourth, and was served by the Glasgow and South-Western Railway Company's lines, over which, however, the Caledonian Railway Company had certain running powers.

The Lanarkshire and Ayrshire Railway Company was an owning company, its line being worked and managed in perpetuity by the Caledonian Railway Company. The nearest point to Ayr on its line was about 11 miles distant. It objected to the present proposal as conferring virtually a monopoly of the harbour accommodation of the Ayrshire coast, excepting Ardrossan, on the Glasgow and South-Western Railway Company, and as being detrimental to Ardrossan, the only harbour to which it had access. Ardrossan Harbour Company had settled with the promoters on the basis of equality of rates.

Objection was taken to the locus of the Lanarkshire and Ayrshire Railway Company, but this the Commissioners granted. On the evidence this opposition came down to a demand for running powers into Ayr harbour over the Glasgow and South Western Company's lines, with which a connection

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would require to have been made. This the Commissioners refused.

The Royal Burgh of Irvine and its Harbour Trust opposed the Order on the ground that its harbour was in a precarious position financially, that the Glasgow and South-Western Railway Company's obligation to assist it had been recognised in its having previously given help but that such help had been elusory, that the present proposal was to strengthen and develop its rival Ayr, that that should not be allowed unless steps were at the same time taken to strengthen and develop Irvine. The promoters made no offer in that direction.

The Commissioners found the preamble proved and clauses were adjusted.