Level Crossings Act 1983
| Jurisdiction | UK Non-devolved |
| Citation | 1983 c. 16 |
| Year | 1983 |
(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.(1A) Subsection (1) above applies whether or not the crossing is in use when the order is made; and if it is not in use when the order is made the order shall be made so as to come into force when it is in use.may require the operator of the crossing or the local traffic authority (or both) to provide at or near the crossing any protective equipment specified in the order and to maintain and operate that equipment in accordance with the order;may imposeF12on the operator requirements as to the operation of the railway at or near. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 ... 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; but a traffic sign placed on or near a road in pursuance of an order under this section shall be treated for the purposes of section 54(4) of that Act as having been placed as provided by that Act. (4A) may be varied or revoked by a subsequent order under this section; andmay F14impose requirements as to protective equipment provided before the making of the order.(6) The Secretary of State may make an order under this section in respect of a level crossing on being requested to do so by the operator of the crossing or without a request by the operator.he has consulted the F21Office of Rail and Road and the local traffic authority about the order he proposes to make; andhaving done so, he has sent to the operator, the F21Office of Rail and Road and the local traffic authority a copy of a draft of the order he proposes to make and a notice specifying the period (not being less than two months) within which they may make representations to him in respect of his proposal to make the order.(6A) Where the F21Office of Rail and Road gives written notice to an operator of a crossing that in its opinion a request should be made to the Secretary of State to make an order under this section in respect of that crossing and the notice states the reasons for that opinion, the operator shall be under a duty to make such a request.(7) Where the operator of a crossing requests the Secretary of State to make an order under this section, the request shall be accompanied by a draft of the order which the operator is requesting the Secretary of State to make.must consult the F21Office of Rail and Road and the local traffic authority about the draft order he intends to submit to the Secretary of State; andhaving done so, must give written notice to the F21Office of Rail and Road and the local traffic authority of his intention to make a request.must be accompanied by a copy of the draft order which the operator intends to submit to the Secretary of State; andmust specify the period (not being less than two months) within which the F21Office of Rail and Road and the local traffic authority may make representations to the Secretary of State in respect of the request.(9) The Secretary of State shall consider any representations made to him pursuant to subsection F17(6ZA) or (8A) above if they have been made within the period specified in the notice referred to in the subsection concerned and may then, if he decides to make the order, make it in accordance with the draft sent to persons pursuant to the subsection concerned or
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