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9. For the purposes of section 5 of, and Schedule 1 to, the 2002 Act, where a railway is crossed in any place by a private road or path, the operator of that railway may cause or permit a barrier to be placed on or near the private road or path near the crossing if it is, in the case of a gate, of the character described in Schedule 2, or, in the case of any other form of barrier, of the character described in Schedule 3.
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