SCHEDULES
I2SCHEDULE 2 Stopping up and diversion of rail crossings
I15
1
Section 120 (exercise of powers of making public path extinguishment and diversion orders) shall be amended as follows.
2
In subsection (1), for the words “and 119” there shall be substituted the words “
to 119A
”
.
3
In subsection (2), for the words from “public path extinguishment” to “and 119” there shall be substituted the words “
orders under sections 118 to 119A
”
.
4
In subsection (3)—
a
after “118(1)” there shall be inserted “
or 118A(1) or 119A(1)
”
;
b
after the words “stopped up” there shall be inserted the words “
or diverted
”
;
c
after the words “extinguishment order” there shall be added the words “
, a rail crossing extinguishment order, a rail crossing diversion order
”
;
d
for the words “and 119” there shall be substituted the words “
to 119A
”
;
e
after the word “consultation” there shall be inserted the words “
(subject to subsection (3A) below)
”
.
5
After subsection (3) there shall be inserted—
3A
Where—
a
the operator of a railway makes a request to a council to make an order under section 118A or 119A above in respect of a crossing over the railway,
b
the request is in such form and gives such particulars as are prescribed by regulations made by the Secretary of State, and
c
the council have neither confirmed the order nor submitted it to the Secretary of State within 6 months of receiving the request,
the power conferred on the Secretary of State by subsection (3) above may be exercised without consultation with the council.
6
In subsection (4), after the words “public path diversion order” there shall be inserted the words “
or a rail crossing diversion order
”
.
7
In subsection (5)—
a
for the words “he may require the owner, lessee or occupier” there shall be substituted the words “
or, on the representations of the operator of the railway concerned, a rail crossing diversion order, he may require the person
”
;
b
for the words “for the owner, lessee or occupier” there shall be substituted the words “
for that person
”
;
c
after “119(5)” there shall be inserted the words “
, or as the case may be 119A(8),
”
.
Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22.12.1992 and wholly in force at 31.1.1993 by S.I. 1992/3144, arts. 2, 3, Sch.