The Forge Lane, Horbury Level Crossing Order 1995

Citation and commencement

1.  This Order may be cited as the Forge Lane, Horbury Level Crossing Order 1995 and shall come into force on 20th November 1995.

Interpretation

2.  In this Order, unless the context otherwise requires—

“authorised works” means the new level crossing and any other works authorised by this Order;

“maintenance” includes inspection, repair, adjustment, alteration, removal, reconstruction and replacement and “maintain” shall be construed accordingly;

“the Council” means Wakefield Metropolitan District Council;

“the existing level crossing” means the level crossing where the existing railway crosses the highway at Ordnance Survey reference points 430722.637 East and 417876.015 North;

“the existing railway” means the railway between the Bombardier Prorail factory and the Railtrack main line as shown on the works plan;

“the highway” means Forge Lane in the Parish of Horbury in the Metropolitan District of Wakefield in the County of West Yorkshire;

“the level crossings” means the existing level crossing and the new level crossing;

“the new level crossing” means the new level crossing where the new railway crosses the highway at the reference points 430675.467 East and 417874.015 North;

“the new railway” means 112 metres or thereabouts of new railway constructed or to be constructed between the existing railway and the Bombardier Prorail factory as shown on the works plan;

“the railways” means the existing railway and the new railway;

“the undertaker” means Bombardier Prorail Limited whose registered office is at Horbury, Wakefield, West Yorkshire, England, WF4 5QH;

“the undertaker’s railway” means so much of the railways as lies within the undertaker’s factory premises and extends across the highway to a junction with the railway of Railtrack plc as shown on the works plan;

“the works plan” means the plan prepared in connection with the application for this Order and marked by The Secretary of State as “the works plan” for the purposes of this Order.

Incorporation of Railways Clauses Consolidation Act 1845

3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(1) shall be incorporated in this Order:—

• section 24 (obstructing construction of railway);

• section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;

• section 145 (recovery of penalties); and

• section 154 (transient offenders).

• In those provisions, as incorporated in this Order—

• “the company” means the undertaker;

• “railway” in relation to any such provision, means the new railway where it crosses the highway;

• “the special Act” means this Order.

Power to construct and maintain the new level crossing

4.—(1) The undertaker may construct and maintain the new level crossing.

(2) The new level crossing shall be constructed in the lines or situations shown on the works plan.

(3) Subject to paragraph (5) below, the undertaker may carry out and maintain works to alter the position of apparatus, including mains, sewers, drains and cables, as may be necessary or expedient for the purposes of, in connection with, or in consequence of the construction of the new level crossing.

(4) Subject to paragraph (5) below, the undertaker may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the new level crossing.

(5) Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works outside the lines or situations of the new level crossing.

Power to execute street works

5.—(1) The undertaker may, for the purposes of the authorised works, enter upon so much of the highway as is shown on the works plan and may—

(a) place apparatus in it,

(b) maintain apparatus in the highway or change the position of such apparatus, and

(c) execute any works required for or incidental to any works referred to in subparagraphs (a) and (b) above (including, in particular, breaking up or opening the highway).

(2) In this article “apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 1991(2).

Temporary alteration of Forge Lane

6.—(1) The undertaker, during and for the purposes of the execution of the authorised works, may temporarily alter the highway and may for any reasonable time—

(a) redirect the traffic along the highway, and

(b) subject to paragraphs (2) and (3) below, control the passage of all persons passing along the highway.

(2) The undertaker shall provide reasonable access for pedestrians going to or from premises abutting on to the highway if there otherwise would be no such access.

(3) The authorised works shall be undertaken in such a manner that no more than half the width of the highway is obstructed to traffic at any one time, and that traffic in both directions is able to continue on the remaining part of the highway.

Maintenance of Forge Lane

7.—(1) Where the highway is altered under this Order, the altered part of the highway shall be completed to the reasonable satisfaction of the Council, and, unless otherwise agreed with the Council, shall be maintained by and at the expense of the undertaker for a period of 24 months from its completion.

(2) The undertaker shall not by reason of any duty under this article to maintain the highway be taken to be the street authority in relation to the highway for the purposes of Part III of the New Roads and Street Act 1991.

(3) Nothing in this article shall have effect in relation to street works as respects which the provisions of Part III of the New Roads and Street Act 1991 apply.

Agreements with Wakefield Metropolitan District Council

8.—(1) The Council and the undertaker may enter into agreements with respect to—

(a) any stopping up, alteration or diversion of the highway under the powers conferred by this Order, or

(b) the execution in the highway of any of the works referred to in article 5 (power to execute street works) above.

(2) Such an agreement may, without prejudice to the generality of paragraph (1) above,—

(a) make provision for the Council to carry out any function under this Order which relates to the highway, and

(b) contain such terms as to payment and otherwise as the parties consider appropriate.

Power to operate and use the level crossings

9.  The undertaker may operate and use the level crossings as part of the undertaker’s railway for the movement of rail vehicles.

Provisions as to the level crossings

10.—(1) In this article, “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984(3), manual, mechanical, automatic, electrical or telephonic equipment or other devices.

(2) The Council and the undertaker may enter into agreements with respect to the construction and maintenance of the new level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.

(3) The undertaker shall provide, maintain and operate at or near the level crossings such protective equipment as is set out in Part I of the Schedule to this Order and shall observe and comply with the requirements set out in Part II of that Schedule.

(4) Any traffic sign placed pursuant to this article on or near the highway shall be treated for the purposes of section 64(4) of the Road Traffic Regulation Act 1984 as having been placed as provided by that Act.

(5) No provision contained in or incorporated with this Order shall require the provision of any building or keeper at the level crossings.

Maintenance of approved works etc.

11.—(1) Where pursuant to regulations made under section 41 of the Act (approval of works, plant and equipment) approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the undertaker’s railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the undertaker’s railway.

(2) If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

Certification of the works plan

12.  The undertaker shall, as soon as practicable after the making of this Order, submit a copy of the works plan to the Secretary of State for certification that it is a true copy of the works plan referred to in this Order; and the works plan so certified shall be admissible in any proceedings as evidence of the contents of the works plan of which it is a copy.

Signed by authority of the Secretary of State for Transport

R. A. Allan

An Under Secretary,

Department of Transport

13th November 1995