Search Legislation

Transport and Works Act 1992

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Transport and Works Act 1992. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Commencement Orders yet to be applied to the Transport and Works Act 1992

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Section 47.

SCHEDULE 2E+W+S Stopping up and diversion of rail crossings

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.

Commencement Information

I1Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22.12.1992 and wholly in force at 31.1.1993 by S.I. 1992/3144, arts. 2, 3, Sch.

1The M1Highways Act 1980 shall be amended as follows.E+W+S

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.

Commencement Information

I2Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22. 12. 1992 and wholly in force at 31. 1. 1993 by S.I. 1992/3144, arts. 2, 3, Sch.

Marginal Citations

2(1)Section 118 (stopping up of footpaths and bridleways) shall be amended as follows.E+W+S

(2)In subsection (5), for—

(a)the words “or public path diversion order made under section 119 below”, and

(b)the words “or the public path diversion order”,

there shall be substituted the words “ , public path diversion order or rail crossing diversion order ”.

(3)In subsection (7), for “119” there shall be substituted “ 118A ”.

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.

Commencement Information

I3Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22. 12. 1992 and wholly in force at 31. 1. 1993 by S.I. 1992/3144, arts. 2, 3, Sch.

3After section 118 there shall be inserted—E+W+S

118A Stopping up of footpaths and bridleways crossing railways.

(1)This section applies where it appears to a council expedient in the interests of the safety of members of the public using it or likely to use it that a footpath or bridleway in their area which crosses a railway, otherwise than by tunnel or bridge, should be stopped up.

(2)Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the path or way—

(a)on the crossing itself, and

(b)for so much of its length as they deem expedient from the crossing to its intersection with another highway over which there subsists a like right of way (whether or not other rights of way also subsist over it).

(3)An order under this section is referred to in this Act as a “rail crossing extinguishment order”.

(4)The Secretary of State shall not confirm a rail crossing extinguishment order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular to—

(a)whether it is reasonably practicable to make the crossing safe for use by the public, and

(b)what arrangements have been made for ensuring that, if the order is confirmed, any appropriate barriers and signs are erected and maintained.

(5)Before determining to make a rail crossing extinguishment order on the representations of the operator of the railway crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any expenses which the council may incur in connection with the erection or maintenance of barriers and signs.

(6)A rail crossing extinguishment order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed, defining the land over which the public right of way is thereby extinguished.

(7)Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of rail crossing extinguishment orders.

(8)In this section—

  • operator”, in relation to a railway, means any person carrying on an undertaking which includes maintaining the permanent way;

  • railway” includes tramway but does not include any part of a system where rails are laid along a carriageway.

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.

Commencement Information

I4Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22. 12. 1992 and wholly in force at 31. 1. 1993 by S.I. 1992/3144, arts. 2, 3, Sch.

4After section 119 (diversion of footpaths and bridleways) there shall be inserted—E+W+S

119A Diversion of footpaths and bridleways crossing railways.

(1)This section applies where it appears to a council expedient in the interests of the safety of members of the public using it or likely to use it that a footpath or bridleway in their area which crosses a railway, otherwise than by tunnel or bridge, should be diverted (whether on to land of the same or of another owner, lessee or occupier).

(2)Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order—

(a)create, as from such date as may be specified in the order, any such new path or way as appears to the council requisite for effecting the diversion, and

(b)extinguish, as from such date as may be so specified, the public right of way over the crossing and over so much of the path or way of which the crossing forms part as appears to the council requisite as aforesaid.

(3)An order under this section is referred to in this Act as a “rail crossing diversion order”.

(4)The Secretary of State shall not confirm a rail crossing diversion order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular to—

(a)whether it is reasonably practicable to make the crossing safe for use by the public, and

(b)what arrangements have been made for ensuring that, if the order is confirmed, any appropriate barriers and signs are erected and maintained.

(5)A rail crossing diversion order shall not alter a point of termination of a path or way diverted under the order—

(a)if that point is not on a highway over which there subsists a like right of way (whether or not other rights of way also subsist over it), or

(b)(where it is on such a highway) otherwise than to another point which is on the same highway, or another such highway connected with it.

(6)A rail crossing diversion order may make provision requiring the operator of the railway to maintain all or part of the footpath or bridleway created by the order.

(7)Where it appears to the council that work requires to be done to provide necessary facilities for the convenient exercise of any such new right of way as is mentioned in subsection (2)(a) above, the date specified under subsection (2)(b) shall be later than the date specified under subsection (2)(a) by such time as appears to the council requisite for enabling the work to be carried out.

(8)Before determining to make a rail crossing diversion order on the representations of the operator of the railway crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards,—

(a)any compensation which may become payable under section 28 above as applied by section 121(2) below;

(b)any expenses which the council may incur in connection with the erection or maintenance of barriers and signs;

(c)where the council are the highway authority for the path or way in question, any expenses which they may incur in bringing the new site of the path or way into fit condition for use by the public;

(d)where the council are not the highway authority, any expenses which may become recoverable from them by the highway authority under the provisions of section 27(2) above as applied by subsection (11) below.

(9)A rail crossing diversion order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed—

(a)showing the existing site of so much of the line of the path or way as is to be diverted by the order and the new site to which it is to be diverted,

(b)indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a footpath or bridleway, and

(c)where some part of the new site is already so comprised, defining that part.

(10)Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of rail crossing diversion orders.

(11)Section 27 above (making up of new footpaths and bridleways) applies to a footpath or bridleway created by a rail crossing diversion order with the substitution, for references to a public path creation order, of references to a rail crossing diversion order and, for references to section 26(2) above, of references to section 120(3) below.

(12)In this section and in section 120 below—

  • operator”, in relation to a railway, means any person carrying on an undertaking which includes maintaining the permanent way;

  • railway” includes tramway but does not include any part of a system where rails are laid along a carriageway.

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.

Commencement Information

I5Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22. 12. 1992 and wholly in force at 31. 1. 1993 by S.I. 1992/3144, arts. 2, 3, Sch.

5(1)Section 120 (exercise of powers of making public path extinguishment and diversion orders) shall be amended as follows.E+W+S

(2)In subsection (1), for the words “and 119” there shall be substituted the words “ to 119A ”.

(3)In subsection (2), for the words from “public path extinguishment” to “and 119” there shall be substituted the words “ orders under sections 118 to 119A ”.

(4)In subsection (3)—

(a)after “118(1)” there shall be inserted “ or 118A(1) or 119A(1) ”;

(b)after the words “stopped up” there shall be inserted the words “ or diverted ”;

(c)after the words “extinguishment order” there shall be added the words “ , a rail crossing extinguishment order, a rail crossing diversion order ”;

(d)for the words “and 119” there shall be substituted the words “ to 119A ”;

(e)after the word “consultation” there shall be inserted the words “ (subject to subsection (3A) below) ”.

(5)After subsection (3) there shall be inserted—

(3A)Where—

(a)the operator of a railway makes a request to a council to make an order under section 118A or 119A above in respect of a crossing over the railway,

(b)the request is in such form and gives such particulars as are prescribed by regulations made by the Secretary of State, and

(c)the council have neither confirmed the order nor submitted it to the Secretary of State within 6 months of receiving the request,

the power conferred on the Secretary of State by subsection (3) above may be exercised without consultation with the council.

(6)In subsection (4), after the words “public path diversion order” there shall be inserted the words “ or a rail crossing diversion order ”.

(7)In subsection (5)—

(a)for the words “he may require the owner, lessee or occupier” there shall be substituted the words “ or, on the representations of the operator of the railway concerned, a rail crossing diversion order, he may require the person ”;

(b)for the words “for the owner, lessee or occupier” there shall be substituted the words “ for that person ”;

(c)after “119(5)” there shall be inserted the words “ , or as the case may be 119A(8), ”.

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.

Commencement Information

I6Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22. 12. 1992 and wholly in force at 31. 1. 1993 by S.I. 1992/3144, arts. 2, 3, Sch.

6(1)Section 121 (supplementary provisions) shall be amended as follows.E+W+S

(2)In subsection (1)—

(a)for the words “or a public path diversion order” there shall be substituted the words “ , a rail crossing extinguishment order, a public path diversion order or a rail crossing diversion order ”;

(b)after the words “and a public path diversion order” there shall be added the words “ or a rail crossing diversion order ”.

(3)In subsection (2), for the words “and to public path diversion orders” there shall be substituted the words “ , rail crossing extinguishment orders, public path diversion orders and rail crossing diversion orders ”.

(4)In subsection (3), for the words “and public path diversion orders” there shall be substituted the words “ , rail crossing extinguishment orders, public path diversion orders and rail crossing diversion orders ”.

(5)In subsection (4), for the words “or a public path diversion order” there shall be substituted the words “ , a rail crossing extinguishment order, a public path diversion order or a rail crossing diversion order ”.

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.

Commencement Information

I7Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22. 12. 1992 and wholly in force at 31. 1. 1993 by S.I. 1992/3144, arts. 2, 3, Sch.

7In section 293 (powers of entry for purposes connected with certain orders relating to footpaths and bridleways) in subsection (1) for the words “or a public path diversion order” there shall be substituted the words “ , a rail crossing extinguishment order, a public path diversion order or a rail crossing diversion order ”.E+W+S

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.

Commencement Information

I8Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22. 12. 1992 and wholly in force at 31. 1. 1993 by S.I. 1992/3144, arts. 2, 3, Sch.

8In section 325 (provisions as to regulations, schemes and orders) in subsection (2)(a), after the word “section”, there shall be inserted the words “ 120(3A) or ”.E+W+S

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.

Commencement Information

I9Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22. 12. 1992 and wholly in force at 31. 1. 1993 by S.I. 1992/3144, arts. 2, 3, Sch.

9In section 329(1) (interpretation) after the definition of “rack rent” there shall be inserted—E+W+S

rail crossing diversion order” means an order under section 119A above;

rail crossing extinguishment order” means an order under section 118A above;.

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.

Commencement Information

I10Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22. 12. 1992 and wholly in force at 31. 1. 1993 by S.I. 1992/3144, arts. 2, 3, Sch.

10(1)Schedule 6 shall be amended as follows.E+W+S

(2)In paragraph 1—

(a)in sub-paragraphs (1) and (2) for the words “or a public path diversion order” there shall be substituted the words “ , a rail crossing extinguishment order, a public path diversion order or a rail crossing diversion order ”;

(b)in sub-paragraph (3A) for the words “and public path diversion orders” there shall be substituted the words “ , rail crossing extinguishment orders, public path diversion orders and rail crossing diversion orders ”;

(c)in sub-paragraph (3B) for the words “and draft public path diversion orders” there shall be substituted the words “ , draft rail crossing extinguishment orders, draft public path diversion orders and draft rail crossing diversion orders ”.

(3)In paragraph 2A(1), after the words “shall, except in” there shall be inserted the words “ the case of a rail crossing extinguishment order, the case of a rail crossing diversion order and ”.

(4)In paragraph 3(2)—

(a)after the words “public path extinguishment order” there shall be inserted the words “ or a rail crossing extinguishment order ”;

(b)for the words “or a public path diversion order” there shall be substituted the words “ , a public path diversion order or a rail crossing diversion order ”.

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.

Commencement Information

I11Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 70(1); Sch. 2 in force for certain purposes at 22. 12. 1992 and wholly in force at 31. 1. 1993 by S.I. 1992/3144, arts. 2, 3, Sch.

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 enactedversion 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