(1)The Minister may by order require the Railways Board [F2or a network owner]—
(a)to provide, maintain and operate, at or near any level crossing where a road other than a [F3public carriage][F3carriageway of a public] road is crossed by a railway of the Board, [F2or, as the case may be, a railway comprised in a transferred network or a new network of that network owner,] 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 [F4or a network owner] in respect of any level crossing by an order under this section shall be in substitution for any obligations imposed on them [F4or it] 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 [F5, or, as the case may be, the network owner in question,] and to each local authority in whose area the level crossing is situated, and if the Board [F5, or, as the case may be, the network owner in question,] 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,. . . F6 London borough or [F7district]. . . F8 and the Common Council of the City of London [F9,and “network owner", “new network" and “transferred network" shall be given the meanings in section 122(5) above] and, as respects [F10Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].]
Textual Amendments
F1S. 124 repealed (E.W.) (8.7.1996) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. I; S.I. 1996/1609, arts. 2, 3, Sch.
F2Words in s. 124(1) inserted (20.3.1996) by S.I. 1996/420, art. 2, Sch. para. 8(i)(a)(b)
F3Words “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)
F4Words in s. 124(2) inserted (20.3.1996) by S.I. 1996/420, art. 2, Sch. para. 8(ii)
F5Words in s. 124(3) inserted (20.3.1996) by S.I. 1996/420, art. 2, Sch. para. 8(iii)
F6Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30
F7Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)
F8Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F9Words in s. 124(4) inserted (20.3.1996) by S.I. 1996/420, art. 2, Sch. para. 8(iv)
F10Words in s. 124(4) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(11); S.I. 1996/323, art. 4(1)(b)(c)
Modifications etc. (not altering text)
C1S. 124 amended (2.2.1994) by 1993 c. 43, s. 117(1)(6) (with S.I. 1990/1380 arts. 3,4); S.I. 1994/202, art. 2
C2S. 124 power to repeal or modify (2.2.1994) by 1993 c. 43, ss. 117(4)(k)(6), 150(1)(e); S.I. 1994/202, art. 2
Marginal Citations