Railways Clauses Consolidation Act 1845

46 Crossing of roads. E+W+N.I.

If the line of the railway cross any turnpike road or public highway, then (except where otherwise provided by the special Act) either such road shall be carried over the railway, or the railway shall be carried over such road, by means of a bridge, of the height and width and with the ascent or descent by this or the special Act in that behalf provided; and such bridge, with the immediate approaches, and all other necessary works connected therewith, shall be executed and at all times thereafter maintained at the expence of the company: Provided always, that, with the consent of two or more justices F1 ..., as after mentioned, it shall be lawful for the company to carry the railway across any highway, other than a public carriage road, on the level.

Textual Amendments

F1 Words in s. 46 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 22, Sch. 10; S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C1 S. 46 modified by Transport Act 1968 (c. 73), s. 117(6)

C2 S. 46 incorporated (4.5.1991) by S.I. 1991/1162 art. 3(1)

S. 46 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 46 incorporated (with modifications) (4.4.1996) by S.I. 1996/937, art. 3(1)(3)(4)

S. 46 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 46 incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)-(3)

S. 46 incorporated in part (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

S. 46 incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)-(3)

S. 46 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)(4)

S. 46 incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)-(3)

S. 46 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)-(3) (with arts. 15, 37, 38(2))

S. 46 incorporated in part (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

C3 S. 46 incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

C4 S. 46 incorporated (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)(2)(4)

C5 S. 46 incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2)(4) (with arts. 34, 35(2))

C6 S. 46 incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, art. 4(1)-(3) (with arts. 19, 28, Sch. 3 para. 13(2))

C7 S. 46 incorporated (with modifications) (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1)(3) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C8 S. 46 incorporated (with modifications) (E.W.) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3)(4) (with art. 36(3))

C9 S. 46 incorporated in part (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C10 S. 46 incorporated (with modifications) (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1)(4) (with art. 26(2))

C11 S. 46 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3)(4) (with art. 35(2))

C12 S. 46 incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3)(4) (with art. 42(2))

C13 S. 46 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3)(4) (with arts. 27(2), 39, Sch. 10 para. 4)

C14 S. 46 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3)(4) (with art. 34(2))