The Level Crossings Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations make provision with regard to the provision, maintenance and operation of level crossings.

2.  Regulation 2 repeals section 40 of the British Transport Commission Act 1954, section 66 of the British Transport Commission Act 1957 and section 124 of the Transport Act 1968. It also makes a saving for orders which were made under the 1957 and 1968 Acts and in force immediately before 1st April 1997.

3.  Regulation 3 makes it an offence for an operator of a level crossing, in relation to which an order has been made under section 1 of the Level Crossing Act 1983, not to comply with that order. It provides a defence for an operator who has taken all reasonable precautions and exercised all due diligence.

4.  Regulation 4 makes amendments to section 1 of the Level Crossings Act 1983. These provide, amongst other things—

(a) that the Secretary of State may make a level crossing order under section 1 of the Act with or without a request from the operator;

(b) that the Health and Safety Executive may give written notice to an operator that in its opinion such a request should be made to the Secretary of State, in which case, the operator will be under a duty to make the request;

(c) that any order made under section 66 of the British Transport Commission Act 1957 or section 124 of the Transport Act 1968 and in force immediately before 1st April 1997 is to have effect as if it were an order under section 1 of the Level Crossings Act 1983;

(d) that in performing his functions under the Act, the Secretary of State is to take account of the advice of the Health and Safety Commission.