SCHEDULES

I2SCHEDULE 2 Stopping up and diversion of rail crossings

Annotations:
Commencement Information
I2

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.

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), ”.