(1)Schedule 2 to this Act (which amends the M1Highways Act 1980 so as to provide for the stopping up or diversion of footpaths and bridleways crossing railways and tramways) shall have effect.
(2)Where a public right of way over a footpath [F1, bridleway or restricted byway] where it crosses a railway or tramway is extinguished by an order under sections 118 to 119A of the Highways Act 1980, any obligation (however imposed) to maintain the crossing for the benefit of the public shall cease to have effect.
[F2(3)“Restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.]
Textual Amendments
F1Words in s. 47(2) substituted (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
F2S. 47(3) inserted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
Modifications etc. (not altering text)
C1S. 47 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
Commencement Information
I1S. 47 wholly in force; s. 47 not in force at Royal Assent see S. 70(1); s. 47(1) in force for certain purposes at 22. 12. 1992 by S.I. 1992/3144, art. 2; s. 47(1)(2) wholly in force at 31. 1. 1993 by S.I. 1992/3144, art. 3, Sch.
Marginal Citations
(1)This section applies where—
(a)a public right of way over a footpath [F4, bridleway or restricted byway] crosses a railway or tramway otherwise than by a tunnel or bridge,
(b)the operator of the railway or tramway has made a closure or diversion application in respect of the crossing, and
(c)in the opinion of the Secretary of State the crossing constitutes a danger to members of the public using it or likely to use it.
(2)The Secretary of State may by order require the operator to provide a tunnel or a bridge, or to improve an existing tunnel or bridge, to carry the path or way over or under the railway or tramway at or reasonably near to the crossing to which the closure or diversion application relates.
(3)An order under this section may include particulars as to the tunnel or bridge which is to be provided or as to the improvements which are to be made.
(4)The Secretary of State shall not make an order under this section after the end of the period of two years beginning with the day on which the closure or diversion application is made, and not less than two months before making an order he shall give written notice of his proposal to make the order to the operator and to each local authority in whose area the crossing (or any proposed new crossing) is situated.
(5)A notice given under subsection (4) above must be accompanied by a draft of the proposed order under this section; and any order eventually made may include modifications of the draft.
(6)An operator shall not be regarded as in breach of a duty imposed by an order under this section if he has used his best endeavours to comply with the order.
(7)Where an operator is required by an order under this section to provide or improve a bridge or tunnel, but is unable to do so because he does not have the powers or rights (including rights over land) needed for the purpose, he shall not be taken to have used his best endeavours to comply with the order unless he has used his best endeavours to obtain those powers or rights (whether by means of an order under section 1 above or otherwise).
(8)In this section—
“bridleway” has the same meaning as in the Highways Act 1980;
“closure or diversion application” means—
(a)an application made under section 6 above, or
(b)a request made in accordance with section 120(3A)(b) of the M2Highways Act 1980,
for an order by virtue of which a public right of way would be extinguished or diverted;
“footpath” has the same meaning as in the Highways Act 1980;
“local authority” means a county council, a district council, a London borough council, the Common Council of the City of London, [F5, a county borough council,] a parish or community council and a parish meeting of a parish not having a separate parish council;
“operator”, in relation to a railway or tramway, means any person carrying on an undertaking which includes maintaining the permanent way.
[F6“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.]
Textual Amendments
F3Words in s. 48 sidenote substituted (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
F4Words in s. 48(1)(a) substituted (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
F5S. 48: words inserted into definition (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 34(3) (with ss. 54(5), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3 Sch. 1
F6Words in s. 48(8) inserted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
Modifications etc. (not altering text)
C2S. 48 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
Commencement Information
I2S. 48 wholly in force at 31. 1. 1993 see s. 70 and S.I. 1992/3144, art. 3, Sch.
Marginal Citations
(1)Section 75 of the M3Railways Clauses Consolidation Act 1845 and section 68 of the M4Railways Clauses Consolidation (Scotland) Act 1845 (which make it an offence for any person to fail to fasten gates) shall be amended as follows.
(2)After the word “gate” there shall be inserted the words “ or to lower any barrier ”.
(3)For the words “not exceeding” onwards there shall be substituted the words “ not exceeding level 3 on the standard scale. ”
Commencement Information
I3S. 49 wholly in force at 15. 7. 1992 see s. 70 and S.I. 1992/1347, art. 2, Sch.
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7S. 50 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14
—In section 1 of the M5Level Crossings Act 1983 (safety arrangements at level crossings) in subsection (11), for the definition of “operator” there shall be substituted—
““operator”, in relation to a crossing, means any person carrying on an undertaking which includes maintaining the permanent way;”
Commencement Information
I4S. 51 wholly in force at 31. 1. 1993 see s. 70 and S.I. 1992/3144, art. 3, Sch.
Marginal Citations