Search Legislation

Level Crossings Act 1983

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Level Crossings Act 1983. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

E+W+S

Level Crossings Act 1983

1983 CHAPTER 16

An Act to make further provision about level crossings.

[9th May 1983]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authorty of the same, as follows:—

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Act: power to repeal or modify conferred (2.2.1994) by 1993 c. 43, ss. 117(4)(l)(6), 150(1)(e); S.I. 1994/202, art. 2

Act amended (2.2.1994) by virtue of 1993 c. 43, ss. 117(1)(6) (with S.I. 1990/1380, arts. 3,4); S.I. 1994/202, art. 2

Commencement Information

I1Act wholly in force at 9.8.1983 see s. 2(1).

1 Safety arrangements at level crossings.E+W+S

(1)Subject to the following provisions of this section, the Secretary of State may, in relation to any place where a railway crosses a road on a level (in this section referred to as a “level crossing”), by order provide for the protection of those using the level crossing.

[F1(1A)Subsection (1) above applies whether or not the crossing is in use when the order is made; and if it is not in use when the order is made the order shall be made so as to come into force when it is in use.]

(2)An order under this section may make such provision as the Secretary of State considers necessary or expedient for the safety or convenience of those using the crossing; and, in particular—

[F2(a)may require the operator of the crossing or the local traffic authority (or both) to provide at or near the crossing any protective equipment specified in the order and to maintain and operate that equipment in accordance with the order;]

(b)may impose[F3on the operator] requirements as to the operation of the railway at or near

that crossing.

(3)While an order is in force under this section in relation to a level crossing—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)subject to any exceptions specified in the order, any provision made by or under any enactment as to the crossing (or level crossings including that crossing) and imposing requirements as to F5... protective equipment at or near the crossing, the supervision of the crossing (including the provision of buildings for the purposes of supervision) or the operation of the railway at or near the crossing shall not apply in relation to the crossing.

(4)Nothing in subsection (3)(b) above affects any provision as to traffic signs made under the M1Road Traffic Regulation Act 1967; but a traffic sign placed on or near a road in pursuance of an order under this section shall be treated for the purposes of section 54(4) of that Act as having been placed as provided by that Act.

[F6(4A) Nothing in subsection (3)(b) above affects any provision made by or under Part I of the Health and Safety at Work etc. Act 1974. ]

(5)An order under this section—

(a)may be varied or revoked by a subsequent order under this section; and

(b)may [F7impose requirements as to protective] equipment provided before the making of the order.

[F8(6)The Secretary of State may make an order under this section in respect of a level crossing on being requested to do so by the operator of the crossing or without a request by the operator.

(6ZA)The Secretary of State may not make an order without a request by the operator unless—

(a)he has consulted the [F9Office of Rail and Road] and the local traffic authority about the order he proposes to make; and

(b)having done so, he has sent to the operator, the [F9Office of Rail and Road] and the local traffic authority a copy of a draft of the order he proposes to make and a notice specifying the period (not being less than two months) within which they may make representations to him in respect of his proposal to make the order.]

(6A)Where the [F9Office of Rail and Road] gives written notice to an operator of a crossing that in its opinion a request should be made to the Secretary of State to make an order under this section in respect of that crossing and the notice states the reasons for that opinion, the operator shall be under a duty to make such a request.

[F10(7)Where the operator of a crossing requests the Secretary of State to make an order under this section, the request shall be accompanied by a draft of the order which the operator is requesting the Secretary of State to make.]

[F11(8)Before making a request the operator—

(a)must consult the [F9Office of Rail and Road] and the local traffic authority about the draft order he intends to submit to the Secretary of State; and

(b)having done so, must give written notice to the [F9Office of Rail and Road] and the local traffic authority of his intention to make a request.

(8A)A notice given under subsection (8)—

(a)must be accompanied by a copy of the draft order which the operator intends to submit to the Secretary of State; and

(b)must specify the period (not being less than two months) within which the [F9Office of Rail and Road] and the local traffic authority may make representations to the Secretary of State in respect of the request.]

[F12(9)The Secretary of State shall consider any representations made to him pursuant to subsection [F13(6ZA) or (8A)] above if they have been made within the period specified in the notice referred to in the subsection concerned and may then, if he decides to make the order, make it in accordance with the draft sent to persons pursuant to the subsection concerned or with such modifications as he thinks fit.]

(10)This section applies where a Government department is operating a railway at a level crossing as it applies in other cases.

[F14(10A)Any order made under section 124 of the Transport Act 1968 or section 66 of the British Transport Commission Act 1957 and in force immediately before 1st April 1997, including any requirements or conditions laid down under the order, shall have effect as if it had been made under this section.

(10B)In performing his functions under this Act the Secretary of State shall take account of any advice given to him with respect thereto by or on behalf of the [F9Office of Rail and Road].]

(11)In this section—

  • barrier” includes gate;

  • F15...

  • [F16“protective equipment” includes[F17 barriers,] lights, traffic signs, manual, mechanical, automatic, electrical, telephonic or television equipment or other devices;]

  • [F18local traffic authority ”, in relation to a crossing, means the authority which for the purposes of the Road Traffic Regulation Act 1984 is the local traffic authority for the road crossed by the railway at the crossing; ]

  • F19[“operator”, in relation to a crossing, means any person carrying on an undertaking which includes maintaining the permanent way; ]

  • [F20 “road” means any highway or other road to which the public has access;][F20“road” has the same meaning as in the Roads (Scotland) Act 1984;] and

  • “traffic sign” has the same meaning as in the M2Road Traffic Regulation Act [F211984].

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 1(1A) inserted (1.4.1997) by S.I. 1997/487, reg. 4(2)

F2S. 1(2)(a) substituted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 50(2), 61(1), 61(10); S.I. 2007/237, art. 2(d)

F3Words in s. 1(2)(b) inserted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 50(3), 61(1), 61(10); S.I. 2007/237, art. 2(d)

F4S. 1(3)(a) repealed (1.4.1997) by S.I. 1997/487, reg. 3(6)

F6S. 1(4A) added (1.4.1997) by S.I. 1997/487, reg. 4(3)

F7Words in s. 1(5)(b) substituted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 50(5), 61(1), 61(10); S.I. 2007/237, art. 2(d)

F8S. 1(6)(6ZA) substituted (27.2.2007) for s. 1(6) by Road Safety Act 2006 (c. 49), ss. 50(6), 61(1), 61(10); S.I. 2007/237, art. 2(d)

F10S. 1(7) substituted (1.4.1997) by S.I. 1997/487, reg. 4(5)

F11 S. 1(8)(8A) substituted (27.2.2007) for s. 1(8) by Road Safety Act 2006 (c. 49), ss. 50(7), 61(1), 61(10); S.I. 2007/237, art. 2(d)

F12S. 1(9) substituted (1.4.1997) by S.I. 1997/487, reg. 4(6)

F13Words in s. 1(9) substituted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 50(8), 61(1), 61(10); S.I. 2007/237, art. 2(d)

F14S. 1(10A)(10B) added (1.4.1997) by S.I. 1997/487, reg. 4(7)

F16Definition in s. 1(11) substituted (1.4.1997) by S.I. 1997/487, reg. 4(8)

F17Words in s. 1(11) inserted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 50(9)(c), 61(1), 61(10); S.I. 2007/237, art. 2(d)

F18Words in s. 1(11) inserted (27.2.2007) by Road Safety Act 2006 (c. 49), ss. 50(9)(b), 61(1), 61(10); S.I. 2007/237, art. 2(d)

F19Definition of"operator" in s. 1(11) substituted (31.1.1993) by Transport and Works Act 1992 (c. 42), s. 51; S.I. 1992/3144, art. 3, Sch.

F20Definition of “road” commencing “has the same meaning” substituted (S.) for definition of “road” commencing “means any highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 89

Marginal Citations

2 Short title, commencement and extent.E+W+S

(1)This Act may be cited as the Level Crossings Act 1983.

(2)This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3)This Act does not extend to Northern Ireland.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources