The Tyne and Wear Passenger Transport (Sunderland) Order 1998

Level crossings at East Boldon

16.—(1) In this article—

• “barrier” includes gate;

• “the existing level crossing” means the existing level crossing of Station Road/Station Approach, East Boldon, in the metropolitan borough of South Tyneside;

• “the highway authority” means South Tyneside Metropolitan Borough Council;

• “the level crossing enactments” means the following Acts, that is—

  (a)

  an Act (1835) intituled “An Act for enabling John Brandling and Robert William Brandling, Esquires, to purchase and take leases of lands and hereditaments for the formation of a railway from Gateshead to South Shields and Monkwearmouth, all in the County Palatine of Durham, with branches therefrom”(1);

  (b)

  an Act (1836) intituled “An Act for incorporating certain persons for carrying into effect the purposes of an Act passed in the Fifth and Sixth year of the reign of his present Majesty, intituled “An Act for enabling John Brandling and Robert William Brandling, Esquires, to purchase and take leases of lands and hereditaments for the formation of a railway from Gateshead to South Shields and Monkwearmouth, all in the County Palatine of Durham, with branches therefrom”, and for other purposes”(2); and

  (c)

  an Act (1845) intituled “An Act for enabling the Newcastle and Darlington Junction Railway Company to purchase the Brandling Junction Railway; and to enable the said Company to make certain branch railways, stations and works, and for other purposes”(3);

• “the new level crossing” means a new level crossing where Work No. 4A will cross the railway;

• “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984(4)), manual, mechanical, automatic, electronic or telephonic equipment or other devices; and

• “the railway” means the existing Newcastle to Hartlepool railway of Railtrack.

(2) The undertaker may construct Work No. 4A so as to carry it on the level across the railway.

(3) The highway authority and the undertaker may enter into agreements with respect to the construction and maintenance of the new level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.

(4) The undertaker may provide, maintain and operate at or near the new level crossing such barriers or other protective equipment as the Secretary of State may in writing approve.

(5) Any traffic sign placed pursuant to this article on or near a highway or other road to which the public has access shall be treated for the purposes of section 64(4) of the Road Traffic Regulation Act 1984 as having been placed as provided by that Act.

(6) As from the completion and opening for public use of the new level crossing all rights of way over the existing level crossing shall be extinguished (subject to paragraph 2 of Schedule 10 to this Order) and the provisions of the level crossing enactments shall cease to apply to it.

(7) Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.

(1)

5 & 6 Wm. 4 c.lxxxiii.

(2)

6 Wm. 4 c.lvii.

(3)

8 & 9 Vict. c.xcii.

(4)

1984 c. 27.