13.—(1) Subject to paragraphs (3) and (5), the level crossings specified in column (2) of Part 1 of Schedule 2 (closure of level crossings) are stopped-up and discontinued.
(2) Subject to paragraphs (3) and (5), upon the stopping up and discontinuance of the level crossings referred to in paragraph (1)—
(a)any rights of way over those crossings are extinguished to the extent specified in column (2) of Part 1 in Schedule 2; and
(b)any public rights of way specified in column (3) of Part 1 of Schedule 2 are extinguished to the extent specified, by reference to the numbers and letters shown on the deposited plans.
(3) Paragraphs (1) and (2) are not to have effect until in respect of each level crossing in Part 1 of Schedule 2—
(a)the new highway specified in column (4) has been constructed and completed, to the extent specified by reference to the numbers and letters shown on the deposited plans, to the reasonable satisfaction of the highway authority in accordance with article 15 (creation and maintenance of new highway) and is open for use; and
(b)such other alterations to existing highways authorised by this Order, as agreed with the highway authority, have been made.
(4) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.
(5) This article does not extinguish the rights of statutory undertakers.
Commencement Information
I1Art. 13 in force at 30.6.2022, see art. 1