Transport Act 1968

Level crossings E+W+S

123 Power of highway and other authorities to contribute to cost of barriers, etc., at level crossings. E+W+S

(1) Contributions to the expenses incurred by the Railways Board in providing lifting or other barriers, lights, signs, or other devices or appliances for the protection or convenience of the public at or near any level crossing where a road is crossed by a railway of the Board may be made by—

(a) the [F1 highway][F1 roads] authority, if any, for that road; [F2 and

(b) any local authority, not being the highway authority, in whose area the level crossing is situated.]

(2) In this section “local authority” means, as respects England and Wales, the council of a county,. . . F3 London borough or county [F4 district]. . . F5 and the Common Council of the City of London and, as respects Scotland, a county council and a town council.

Textual Amendments

F1 Word “roads" substituted (S.) (1.1.1985) for word “highway" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(8)

F2 Words repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29 and repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 21(3)(b)

F3 Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

F4 Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)

F5 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

124 Board’s obligations at level crossings with roads other than public carriage roads. E+W+S

(1) The Minister may by order require the Railways Board—

(a) to provide, maintain and operate, at or near any level crossing where a road other than a [F6 public carriage][F6 carriageway of a public] road is crossed by a railway of the Board, such lifting or other barriers, lights, signs or other devices or appliances; and

(b) to comply with such other requirements in relation to the level crossing,

as he considers necessary or desirable for the protection or convenience of the public.

(2) The obligations imposed on the Board in respect of any level crossing by an order under this section shall be in substitution for any obligations imposed on them in respect of that crossing by section 68 of the M1 Railways Clauses Consolidation Act 1845 (which requires gates and other works to be provided for the benefit of adjacent land), section 60 of the M2 Railways Clauses Consolidation (Scotland) Act 1845 (which makes corresponding provision for Scotland) or any other enactment for purposes similar to either of those sections.

(3) Not less than two months before making an order under this section in respect of any level crossing (other than an order varying or revoking a previous order under this section) the Minister shall send a draft of the proposed order to the Board and to each local authority in whose area the level crossing is situated, and if the Board or any such authority makes representations to the Minister with respect to the proposed order he shall consider the representations and may then make the order in the form of the draft or in that form with such modifications as he thinks fit.

(4) In this section “local authority” means, as respects England and Wales, the council of a county,. . . F7 London borough or [F8 district]. . . F9 and the Common Council of the City of London and, as respects Scotland, a [F10 regional or islands] council.

Textual Amendments

F6 Words “carriageway of a public" substituted (S.) (1.1.1985) for words “public carriage" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(9)

F7 Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

F8 Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)

F9 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F10 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 14 para. 75

Marginal Citations

M1 1845 c. 20.

M2 1845 c. 33.