9Marholm level crossing, Peterborough
(1)In this section—
“the footbridge” means the footbridge (No. 189A) over the East Coast Main Line at Marholm level crossing (reference point TF 1545:0359) in the city of Peterborough;
“the footpath” means the footpath carried by the footbridge;
“the road” means Hurn Road which is crossed on the level by the Peterborough and Stamford Railway and the East Coast Main Line at Marholm level crossing; and
“the specified provision” means section 23 (Stopping up, etc., of footpaths) of, and Schedule 2 to, the [1986 c. xxvi.] British Railways (No. 2) Act 1986.
(2)(a)Subject to paragraph (b) below, the Board may stop up and discontinue the road between points X and Y and the footpath between points C and D.
(b)Upon the stopping up of the road and footpath under paragraph (a) above the Board shall provide a new footpath between points C, E and F, to be carried over the Peterborough and Stamford Railway by means of the extended footbridge, Work No. 10.
(3)(a)The Board shall relinquish the power conferred by the specified provision in its application to the footpath and the footbridge and, notwithstanding anything to the contrary in the specified provision, shall be free of any obligation respecting the footbridge under section 10 (Power to cross certain roads on the level) of the [1891 c. xix.] Great Northern Railway Act 1891.
(b)In the preface to Part I of Schedule 6 to the British Railways (No. 2) Act 1986, the words “In consequence of section 23 (2) (b) of this Act” shall be omitted.