The Lydney and Parkend Light Railway (Extension and Amendment) Order 1994

Construction of public level crossing for Lydney Bypass

9.—(1) The Company may on lands belonging to or leased to the Company make and maintain the bypass crossing as described in Schedule 2 to this Order at the location, on the alignment and within the limits of deviation shown on the deposited plan and at the same levels (save as otherwise provided by this Order) as the existing Railway No. 1 and Railway No. 4, together with all such approaches and plant and other works and conveniences as it may be necessary or convenient to construct in connection with it.

(2) In the construction of the bypass crossing the Company may deviate laterally from the location or alignment of the work shown on the deposited plan within the limits of deviation shown thereon and may also deviate vertically in the construction of the work from the levels of the existing railway to any extent not exceeding 1 metre upwards and 1 metre downwards.

(3) The Company and the County Council may enter into and carry into effect agreements providing for the construction of the bypass crossing, and for the dedication of the bypass crossing as a public highway subject to the rights and powers to maintain and operate the Company’s railway by virtue of the principal Order and this Order, and for the installation, operation and maintenance of any gates, barriers, lights, traffic signs and other devices and appliances referred to in this article.

(4) (a) The Company may make provision for the County Council to use the bypass crossing to give access and accommodation to the works to be undertaken by the County Council in the construction of the public road referred to in Schedule 2 to this Order.

(b) Such access and accommodation shall be by means of a temporary level crossing on the same alignment and level and within the same limits of deviation as those referred to in paragraphs (1) and (2) of this article.

(5) The following provisions, being provisions which in the opinion of the Secretary of State are necessary or expedient for the safety of those using the bypass crossing, shall apply in respect of the bypass crossing:–

(a) The Company shall, during the period in which the County Council is engaged in works to provide the new road referred to in Schedule 2 to this Order, provide, operate and maintain the protective equipment which is specified in Part I of Schedule 3 to this Order.

(b) The Company shall provide, and shall from the time when the works referred to on sub-paragraph (a) above are completed and thereafter so long as this Order continues in force operate and maintain the protective equipment which is specified in Part II of Schedule 3 to this Order.

(c) The Company shall during the period of works mentioned in sub-paragraph (a) above observe the conditions and requirements specified in Part III of Schedule 3 to this Order, and thereafter shall observe the conditions and requirements specified in Part IV of Schedule 3 to this Order.

(d) There shall be no interval of time between the discontinuance of the provisions of Part I and the commencement of the provisions of Part II of Schedule 3 to this Order.

(6) Nothing contained in or incorporated with this Order shall require the provision of any building or keeper at the bypass crossing.