British Railways Act 1993

Level crossings

24 Stopping up, etc., level crossings

(1) In this section—

• “Bryn-y-Gwynnon crossing” means Bryn-y-Gwynnon level crossing (reference point SS 9820:8266) in the borough of Taff-Ely, community of Llanharan, Mid Glamorgan, whereby the road between Llanilid and Brynna is crossed by the railway between Cardiff and Bridgend stations;

• “Heath crossing” means Heath No. 59 level crossing (reference point TM 0151:8954) in the district of Breckland, parish of Quidenham, Norfolk, whereby Heath Road is crossed by the railway between Harling Road and Eccles Road stations; and

• “the level crossings” means Bryn-y-Gwynnon crossing and Heath crossing.

(2) Subject to the provisions of this Act, the Board may stop up and discontinue the roads at the level crossings within the boundaries of their property.

(3) Upon the stopping up of the roads under subsection (2) above the specified enactments shall cease to apply to the level crossings.

(4) (a) The stopping up under this section of the road at Bryn-y-Gwynnon crossing shall not affect the right of persons to use that crossing on foot and the Board shall provide and maintain gates or stiles on both sides of the railway at that crossing.

(b) The stopping up under this section of the road at Heath crossing shall not affect the right of persons to use that crossing as a bridleway and the Board shall provide and maintain gates on both sides of the railway at that crossing.

(5) Any person who suffers loss by the extinguishment under this section of any private rights of way over the level crossings shall be entitled to be paid by the Board compensation, to be determined in case of dispute by the tribunal.

25 Aberleri level crossing, Borth, Dyfed

(1) (a) In this section“Aberleri crossing” means the accommodation level crossing of that name (reference point SN 6095:9213) at Borth in the district of Ceredigion, community of Borth, Dyfed, whereby the private road connecting the caravan and leisure park of Sunbourne Leisure Limited with the B.4353 road is crossed by the railway between Dovey Junction and Borth stations.

(b) For the purpose of the application of section 64 of the [1984 c. 27.] Road Traffic Regulation Act 1984 and section 36 of the [1988 c. 52.] Road Traffic Act 1988 to a traffic sign provided under subsection (2) below, the said private road shall be deemed to be a road within the meaning of those Acts.

(2) Notwithstanding the provisions of sections 68 and 75 of the Act of 1845 or any other enactment, the Board may, subject to such requirements as the Secretary of State may from time to time lay down, maintain and operate at or near Aberleri crossing such barriers, lights, traffic signs and automatic or other devices and appliances as may be approved by the Secretary of State.

(3) Nothing in this section shall impose on a highway authority any liability in respect of a traffic sign provided under subsection (2) above.

26 Allen’s level crossing, Llwyngwril, Gwynedd

(1) (a) In this section“Allen’s crossing” means the accommodation level crossing of that name (formerly Tyddin Ithel crossing) (reference point SH 5821:0878) at Llwyngwril in the district of Meirionnydd, community of Llangelynin, Gwynedd, whereby the private road connecting Allen’s Caravan Park with the A.493 road is crossed by the railway between Tonfanau and Llwyngwril stations.

(b) For the purpose of the application of section 64 of the Road Traffic Regulation Act 1984 and section 36 of the Road Traffic Act 1988 to a traffic sign maintained under subsection (2) below, the said private road shall be deemed to be a road within the meaning of those Acts.

(2) Notwithstanding the provisions of sections 68 and 75 of the Act of 1845 or any other enactment, the Board may, subject to such requirements as the Secretary of State may from time to time lay down, maintain and operate at or near Allen’s crossing such lights, traffic signs and automatic or other devices and appliances as may be approved by the Secretary of State.

(3) Nothing in this section shall impose upon a highway authority any liability in respect of a traffic sign provided under subsection (2) above.

27 Reduction in status of level crossings

(1) In this section—

• “the level crossings” means Dinting Lane crossing, Marley Green crossing and Wing crossing, or any of them;

• “Dinting Lane crossing” means Dinting Lane level crossing (reference point SK 0237:9450) in the borough of High Peak, parish of Glossop, Derbyshire, whereby Dinting Lane is crossed by the railway between Dinting and Glossop stations;

• “Marley Green crossing” means Marley Green level crossing (reference point SJ 5818:4570) in the borough of Crewe and Nantwich, parish of Marbury cum Quoisley, Cheshire, whereby the road between Hollyhurst and Marbury is crossed by the railway between Whitchurch and Nantwich stations; and

• “Wing crossing” means Wing level crossing (reference point SK 8969:0343) in the district of Rutland, parish of Wing, Leicestershire, whereby Edith Weston Road is crossed by the railway between Oakham and Stamford stations.

(2) (a) All rights of way over the level crossings, other than a right for all persons to use those crossings as bridleways, are hereby extinguished and the Board shall provide and maintain gates on both sides of the railway at the level crossings.

(b) The specified enactments shall cease to apply to the level crossings.

(3) The level crossings, including the gates thereof (other than the gates provided under subsection (2) (a) above) and the lifting barriers already provided in substitution for the vehicular gates at Dinting Lane crossing, shall be deemed to be works provided by the Board at the passing of this Act under section 68 of the Act of 1845 for the accommodation of the owners and occupiers of land adjoining the railway and, for the purposes of this subsection, such owners and occupiers shall be deemed to include the owners and occupiers of any land the use of which would have been interrupted if the level crossings had been closed at the passing of this Act.

(4) If any part of the roads crossed by the railway at Dinting Lane and Marley Green crossings at any time ceases, in consequence of this section, to be a road over which the public has a right of way for the passage of vehicles, the owners and occupiers of the land abutting on such part shall have such rights of passage thereover as shall be necessary to enable them to pass and repass (with or without vehicles) to and from the said land from and to the level crossings.

(5) Any person who suffers loss by the extinguishment under this section of any private rights of way over the level crossings shall be entitled to be paid by the Board compensation, to be determined in case of dispute by the tribunal.

(6) Section 75 of the Act of 1845 shall have effect in its application to Dinting Lane crossing as if after the words “or to lower” there were inserted the words “and lock”.