(1)Subject to the following provisions of this section, the Secretary of State may, in relation to any place where a railway crosses a road on a level (in this section referred to as a “level crossing”), by order provide for the protection of those using the level crossing.
[F1(1A)Subsection (1) above applies whether or not the crossing is in use when the order is made; and if it is not in use when the order is made the order shall be made so as to come into force when it is in use.]
(2)An order under this section may make such provision as the Secretary of State considers necessary or expedient for the safety or convenience of those using the crossing; and, in particular—
(a)may require any such barriers or other protective equipment as may
be specified in the order to be provided at or near the crossing, and to be maintained and operated, in accordance with the order; and
(b)may impose requirements as to the operation of the railway at or near
that crossing.
(3)While an order is in force under this section in relation to a level crossing—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)subject to any exceptions specified in the order, any provision made by or under any enactment as to the crossing (or level crossings including that crossing) and imposing requirements as to barriers or other protective equipment at or near the crossing, the supervision of the crossing (including the provision of buildings for the purposes of supervision) or the operation of the railway at or near the crossing shall not apply in relation to the crossing.
(4)Nothing in subsection (3)(b) above affects any provision as to traffic signs made under the M1Road Traffic Regulation Act 1967; but a traffic sign placed on or near a road in pursuance of an order under this section shall be treated for the purposes of section 54(4) of that Act as having been placed as provided by that Act.
[F3(4A)Nothing in subsection (3)(b) above affects any provision made by or under Part I of the Health and Safety at Work etc. Act 1974.]
(5)An order under this section—
(a)may be varied or revoked by a subsequent order under this section; and
(b)may include requirements as to equipment provided before the making of the order.
[F4(6)The Secretary of State may make an order under this section in respect of a level crossing on being requested to do so by the operator of the crossing or without any such request, but he shall not make such an order without any such request unless he has sent to the operator and to each local authority in whose area the level crossing is situated a copy of a draft of the order he proposes to make and a notice specifying the period (not being less than two months) within which the operator or local authority may make representations to him in respect of his proposal to make the order.
(6A)Where the [F5Office of Rail Regulation] gives written notice to an operator of a crossing that in its opinion a request should be made to the Secretary of State to make an order under this section in respect of that crossing and the notice states the reasons for that opinion, the operator shall be under a duty to make such a request.]
[F6(7)Where the operator of a crossing requests the Secretary of State to make an order under this section, the request shall be accompanied by a draft of the order which the operator is requesting the Secretary of State to make.]
(8)Before making such a request, the operator must give written notice of his intention to do so to each local authority in whose area the level crossing is situated; and the notice—
(a)must be accompanied by a copy of the draft order which the operator
intends to submit to the Secretary of State; and
(b)must specify the period (not being less than two months) within
which the local authority may make representations to the Secretary of State in respect of the request.
[F7(9)The Secretary of State shall consider any representations made to him pursuant to subsection (6) or (8) above if they have been made within the period specified in the notice referred to in the subsection concerned and may then, if he decides to make the order, make it in accordance with the draft sent to persons pursuant to the subsection concerned or with such modifications as he thinks fit.]
(10)This section applies where a Government department is operating a railway at a level crossing as it applies in other cases.
[F8(10A)Any order made under section 124 of the Transport Act 1968 or section 66 of the British Transport Commission Act 1957 and in force immediately before 1st April 1997, including any requirements or conditions laid down under the order, shall have effect as if it had been made under this section.
(10B)In performing his functions under this Act the Secretary of State shall take account of any advice given to him with respect thereto by or on behalf of the [F9Office of Rail Regulation].]
(11)In this section—
“barrier” includes gate;
“local authority”, in relation to England F10. . ., means any council of a county, district or London borough, . . . F11 and the Common Council of the City of London [F12in relation to Wales, means any council of a county or county borough]and, in relation to Scotland, means any [F13council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];
[F14“protective equipment” includes lights, traffic signs, manual, mechanical, automatic, electrical, telephonic or television equipment or other devices;]
F15[“operator”, in relation to a crossing, means any person carrying on an undertaking which includes maintaining the permanent way;]
[F16 “road” means any highway or other road to which the public has access;][F16“road” has the same meaning as in the Roads (Scotland) Act 1984;] and
“traffic sign” has the same meaning as in the M2Road Traffic Regulation Act [F171984].
Textual Amendments
F1S. 1(1A) inserted (1.4.1997) by S.I. 1997/487, reg. 4(2)
F2S. 1(3)(a) repealed (1.4.1997) by S.I. 1997/487, reg. 3(6)
F3S. 1(4A) added (1.4.1997) by S.I. 1997/487, reg. 4(3)
F4S. 1(6)(6A) substituted for s. 1(6) (1.4.1997) by S.I. 1997/487, reg. 4(4)
F5Words in s. 1(6A) substituted (1.4.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 6(2); S.I. 2006/266, art. 2(2), Sch.
F6S. 1(7) substituted (1.4.1997) by S.I. 1997/487, reg. 4(5)
F7S. 1(9) substituted (1.4.1997) by S.I. 1997/487, reg. 4(6)
F8S. 1(10A)(10B) added (1.4.1997) by S.I. 1997/487, reg. 4(7)
F9Words in s. 1(10B) substituted (1.4.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 6(3); S.I. 2006/266, art. 2(2), Sch.
F10Words in definition of “local authority” in s. 1(11) substituted (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. I para. 31, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Schs. 1, 2
F11Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F12Words in definition of “local authority” in s. 1(11) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 31 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Schs. 1, 2
F13Words in definition of “local authority” in s. 1(11) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 131; S.I. 1996/323, art. 4(1)(b)(c)
F14Definition in s. 1(11) substituted (1.4.1997) by S.I. 1997/487, reg. 4(8)
F15Definition of"operator" in s. 1(11) substituted (31.1.1993) by Transport and Works Act 1992 (c. 42), s. 51; S.I. 1992/3144, art. 3, Sch.
F16Definition of “road” commencing “has the same meaning” substituted (S.) for definition of “road” commencing “means any highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 89
F17 “1984” substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 57
Marginal Citations