Level Crossings Act 1983

Year1983


Level Crossings Act 1983

1983 CHAPTER 16

An Act to make further provision about level crossings.

[9th May 1983]

e it enactedB 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 authority of the same, as follows:—

S-1 Safety arrangements at level crossings.

1 Safety arrangements at level crossings.

(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.

(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—

(a ) may require any such barriers or other protective equipment as may be specified in the order to be provided at or near the crossing, and to be maintained and operated, in accordance with the order; and

(b ) may impose 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—

(a ) it shall be the duty of the operator of the crossing to ensure that the order is complied with; and

(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 barriers or other 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 Road Traffic Regulation Act 1967 of that Act as having been placed as provided by that Act.

(5) An order under this section—

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

(b ) may include requirements as to equipment provided before the making of the order.

(6) The Secretary of State may not make an order under this section in respect of a level crossing (other than an order revoking a previous order) unless requested to do so by the operator of the crossing.

(7) A request under subsection (6) above must be accompanied by a draft...

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