124 Board’s obligations at level crossings with roads other than public carriage roads.E+W+S
(1)The Minister may by order require the Railways Board—
(a)to provide, maintain and operate, at or near any level crossing where a road other than a [F1public carriage][F1carriageway of a public] road is crossed by a railway of the Board, such lifting or other barriers, lights, signs or other devices or appliances; and
(b)to comply with such other requirements in relation to the level crossing,
as he considers necessary or desirable for the protection or convenience of the public.
(2)The obligations imposed on the Board in respect of any level crossing by an order under this section shall be in substitution for any obligations imposed on them in respect of that crossing by section 68 of the M1Railways Clauses Consolidation Act 1845 (which requires gates and other works to be provided for the benefit of adjacent land), section 60 of the M2Railways Clauses Consolidation (Scotland) Act 1845 (which makes corresponding provision for Scotland) or any other enactment for purposes similar to either of those sections.
(3)Not less than two months before making an order under this section in respect of any level crossing (other than an order varying or revoking a previous order under this section) the Minister shall send a draft of the proposed order to the Board and to each local authority in whose area the level crossing is situated, and if the Board or any such authority makes representations to the Minister with respect to the proposed order he shall consider the representations and may then make the order in the form of the draft or in that form with such modifications as he thinks fit.
(4)In this section “local authority” means, as respects England and Wales, the council of a county,. . . F2 London borough or [F3district]. . . F4 and the Common Council of the City of London and, as respects Scotland, a [F5regional or islands] council.
Textual Amendments
F1Words “carriageway of a public" substituted (S.) (1.1.1985) for words “public carriage" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(9)
F2Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30
F3Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)
F4Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F5Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 14 para. 75
Marginal Citations