- Latest available (Revised)
- Point in Time (01/01/2006)
- Original (As enacted)
Point in time view as at 01/01/2006.
There are currently no known outstanding effects for the Transport Act (Northern Ireland) 1967, Section 66.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Department may, on an application by the railway undertaking made pursuant to this section, by order provide that, while the order remains in force, any statutory provision—
(a)applying to a level crossing specified in the order, and
(b)imposing requirements as to—
(i)barriers or other protective equipment at or near the level crossing;
(ii)the supervision of the level crossing (including the provision of buildings for the purposes of supervision); or
(iii)the operation of the railway at or near the level crossing;
shall not apply in relation to the level crossing.
(2)An order under this section, may require the railway undertaking—
(a)to provide, at or near any level crossing specified in the order, and maintain and operate, such barriers, lights and automatic and other devices as may be specified in the order;
(b)to secure the provision, at or near any level crossing specified in the order, and the maintenance and operation of such traffic signs as may be approved by the Department;
(c)to comply with such other conditions and requirements as are necessary or desirable for the convenience of the public and are specified in the order.
(3)Where—
(a)an order under this section requires the railway undertaking to secure the provision, maintenance and operation of any traffic sign, and
(b)the road crossed by the railway is a public road within the meaning of Article 2 (2) of the Roads (Northern Ireland) Order[F2 1993];
then—
the Department shall carry out any works necessary for the purposes mentioned in paragraph (a);
the railway undertaking shall pay to the Department amounts equal to the costs of those works; and
the sign shall be deemed to be provided under[F3 Article 58 of the Road Traffic Regulation (Northern Ireland) Order 1997].
(4)An application by the railway undertaking to the Department under this section shall be accompanied by a draft, in such form as the Department may direct, of the proposed order.
(5)Before making an application to the Department under this section the railway undertaking shall give written notice of its intention to do so to the council in whose district the level crossing is situated.
(6)The notice under subsection (5)—
(a)shall be accompanied by a copy of the draft order which the railway undertaking intends to submit to the Department; and
(b)shall specify the period (not being less than 2 months) within which the council may make representations to the Department in respect of the application.
(7)The Department shall consider any representations in respect of the application made by such a council within the period specified in accordance with subsection (6)(b) and may then, if it decides to do so, make the order in accordance with the draft submitted by the railway undertaking or with such modifications as the Department thinks fit.
(8)Notwithstanding anything in any other enactment (including a local or private Act) the Department may construct or reconstruct a road crossing the railway on the level.
[F4(8A)An order under this section shall be made subject to negative resolution.]
(9)In this section—
“barrier” includes gate;
“council” and “district” have the meaning given in section 1(3) of the Local Government Act (Northern Ireland) 1972;
“protective equipment” includes lights, traffic signs and telephone and television equipment; and
“traffic sign” has the meaning given in Article 2(2) of the[F3 Road Traffic Regulation (Northern Ireland) Order 1997].]
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.