118A Stopping up of footpaths and bridleways crossing railways.

1

This section applies where it appears to a council expedient in the interests of the safety of members of the public using it or likely to use it that a footpath or bridleway in their area which crosses a railway, otherwise than by tunnel or bridge, should be stopped up.

2

Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the path or way—

a

on the crossing itself, and

b

for so much of its length as they deem expedient from the crossing to its intersection with another highway over which there subsists a like right of way (whether or not other rights of way also subsist over it).

3

An order under this section is referred to in this Act as a “rail crossing extinguishment order”.

4

The Secretary of State shall not confirm a rail crossing extinguishment order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular to—

a

whether it is reasonably practicable to make the crossing safe for use by the public, and

b

what arrangements have been made for ensuring that, if the order is confirmed, any appropriate barriers and signs are erected and maintained.

5

Before determining to make a rail crossing extinguishment order on the representations of the operator of the railway crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any expenses which the council may incur in connection with the erection or maintenance of barriers and signs.

6

A rail crossing extinguishment order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed, defining the land over which the public right of way is thereby extinguished.

7

Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of rail crossing extinguishment orders.

8

In this section—

• “operator”, in relation to a railway, means any person carrying on an undertaking which includes maintaining the permanent way;

• “railway” includes tramway but does not include any part of a system where rails are laid along a carriageway.

119A Diversion of footpaths and bridleways crossing railways.

1

This section applies where it appears to a council expedient in the interests of the safety of members of the public using it or likely to use it that a footpath or bridleway in their area which crosses a railway, otherwise than by tunnel or bridge, should be diverted (whether on to land of the same or of another owner, lessee or occupier).

2

Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order—

a

create, as from such date as may be specified in the order, any such new path or way as appears to the council requisite for effecting the diversion, and

b

extinguish, as from such date as may be so specified, the public right of way over the crossing and over so much of the path or way of which the crossing forms part as appears to the council requisite as aforesaid.

3

An order under this section is referred to in this Act as a “rail crossing diversion order”.

4

The Secretary of State shall not confirm a rail crossing diversion order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular to—

a

whether it is reasonably practicable to make the crossing safe for use by the public, and

b

what arrangements have been made for ensuring that, if the order is confirmed, any appropriate barriers and signs are erected and maintained.

5

A rail crossing diversion order shall not alter a point of termination of a path or way diverted under the order—

a

if that point is not on a highway over which there subsists a like right of way (whether or not other rights of way also subsist over it), or

b

(where it is on such a highway) otherwise than to another point which is on the same highway, or another such highway connected with it.

6

A rail crossing diversion order may make provision requiring the operator of the railway to maintain all or part of the footpath or bridleway created by the order.

7

Where it appears to the council that work requires to be done to provide necessary facilities for the convenient exercise of any such new right of way as is mentioned in subsection (2)(a) above, the date specified under subsection (2)(b) shall be later than the date specified under subsection (2)(a) by such time as appears to the council requisite for enabling the work to be carried out.

8

Before determining to make a rail crossing diversion order on the representations of the operator of the railway crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards,—

a

any compensation which may become payable under section 28 above as applied by section 121(2) below;

b

any expenses which the council may incur in connection with the erection or maintenance of barriers and signs;

c

where the council are the highway authority for the path or way in question, any expenses which they may incur in bringing the new site of the path or way into fit condition for use by the public;

d

where the council are not the highway authority, any expenses which may become recoverable from them by the highway authority under the provisions of section 27(2) above as applied by subsection (11) below.

9

A rail crossing diversion order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed—

a

showing the existing site of so much of the line of the path or way as is to be diverted by the order and the new site to which it is to be diverted,

b

indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a footpath or bridleway, and

c

where some part of the new site is already so comprised, defining that part.

10

Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of rail crossing diversion orders.

11

Section 27 above (making up of new footpaths and bridleways) applies to a footpath or bridleway created by a rail crossing diversion order with the substitution, for references to a public path creation order, of references to a rail crossing diversion order and, for references to section 26(2) above, of references to section 120(3) below.

12

In this section and in section 120 below—

• “operator”, in relation to a railway, means any person carrying on an undertaking which includes maintaining the permanent way;

• “railway” includes tramway but does not include any part of a system where rails are laid along a carriageway.

“rail crossing diversion order” means an order under section 119A above;

“rail crossing extinguishment order” means an order under section 118A above;.

2A

Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for extinguishing a public right of way over a footpath or bridleway unless he is satisfied—

a

that an alternative right of way has been or will be provided, or

b

that the provision of an alternative right of way is not required.

2B

Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for diverting a public right of way over a footpath or bridleway unless he is satisfied that the path or way will not be substantially less convenient to the public in consequence of the diversion.

48A Environmental duties of harbour authorities.

It shall be the duty of a harbour authority in formulating or considering any proposals relating to its functions under any enactment to have regard to—

a

the conservation of the natural beauty of the countryside and of flora, fauna and geological or physiographical features of special interest;

b

the desirability of preserving for the public any freedom of access to places of natural beauty; and

c

the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest;

and to take into account any effect which the proposals may have on the natural beauty of the countryside, flora, fauna or any such feature or facility.