Part VIIIE+W+S Bridges, Level Crossings, etc.

Level crossingsE+W+S

123 Power of highway and other authorities to contribute to cost of barriers, etc., at level crossings.E+W

(1)Contributions to the expenses incurred by the Railways Board [F1or a network owner] in providing lifting or other barriers, lights, signs, or other devices or appliances for the protection or convenience of the public at or near any level crossing where a road is crossed by a railway of the Board [F1, or, as the case may be, by a railway comprised in a transferred network or a new network of that network owner,] may be made by—

(a)the highway authority, if any, for that road; [F2and

(b)any local authority, not being the highway authority, in whose area the level crossing is situated.]

(2)In this section “local authority” means, as respects England and Wales, the council of a county,. . . F3 London borough or county [F4district]. . . F5 and the Common Council of the City of London [F6and “network owner", “new network”and “transferred network”shall be given the meanings in section 122(5) above,]and, as respects Scotland, a county council and a town council.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1Words in s. 123(1) inserted (20.3.1996) by S.I. 1996/420, art. 2 Sch. para. 7(i)

F6Words in s. 123(2) inserted (20.3.1996) by S.I. 1996/420, art. 2 Sch. para. 7(ii)

123 Power of highway and other authorities to contribute to cost of barriers, etc., at level crossings.S

(1)Contributions to the expenses incurred by the Railways Board [F7or a network owner] in providing lifting or other barriers, lights, signs, or other devices or appliances for the protection or convenience of the public at or near any level crossing where a road is crossed by a railway of the Board [F7, or, as the case may be, by a railway comprised in a transferred network or a new network of that network owner,] may be made by—

(a)the [F8highway] authority, if any, for that road; [F9and

(b)any local authority, not being the highway authority, in whose area the level crossing is situated.]

(2)In this section “local authority” means, as respects England and Wales, the council of a county,. . . F10 London borough or county [F11district]. . . F12 and the Common Council of the City of London [F13and “network owner", “new network" and “transferred network"shall be given the meanings in section 122(5) above,]and, as respects Scotland, a [F14council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

Textual Amendments

F7Words in s. 123(1) inserted (20.3.1996) by S.I. 1996/420, art. 2 Sch. para. 7(i)

F8Word “roads" substituted (S.) (1.1.1985) for word “highway" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(8)

F13Words in s. 123(2) inserted (20.3.1996) by S.I. 1996/420, art. 2 Sch. para. 7(ii)