The Welsh Highland Railway Order 1999

Level crossings

36.—(1) The undertaker and the highway authority for the highway at a level crossing may enter into an agreement with respect to the construction and maintenance of that level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.

(2) The undertaker may provide, maintain and operate at or near a level crossing such barriers or other protective equipment as the Secretary of State may in writing approve.

(3) Any traffic sign placed pursuant to this article on or near a highway or other road to which the public has access shall be treated for the purposes of section 64(4) of the Act of 1984 as having been placed as provided by that Act.

(4) The undertaker may construct the railway so as to carry it on the level across the highways specified in Schedule 2 to this Order.

(5) Without prejudice to the generality of article 9 above, the undertaker may in the exercise of the powers of this article alter the level of any highway specified in Schedule 2 to this Order.

(6) In this article—

• “barrier” includes gate;

• “level crossing” means a level crossing listed in Schedule 2 to this Order at the point where the railway will cross the highway;

• “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Act of 1984), manual, mechanical, automatic, electrical or telephonic equipment or other devices.