Transport and Works Act 1992

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

(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),”.