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3.—(1) Subject to paragraph (3) the Seaham level crossing is stopped-up and discontinued.
(2) Subject to paragraph (3), upon the stopping up and discontinuance of the Seaham level crossing—
(a)any right of way over the crossing is extinguished; and
(b)section 15 of the 1863 Act ceases to apply in relation to the location of the crossing.
(3) Paragraphs (1) and (2) are not to have effect until the new public right of way and the new footway have been constructed and completed to the reasonable satisfaction of the highway authority in accordance with article 4 (creation and maintenance of new public right of way and new footway) and are open to use.
(4) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(5) This article is subject to paragraph 2 of the Schedule (provisions relating to statutory undertakers, etc.).
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