1997 No. 2466
TRANSPORT AND WORKS
The Railtrack (Ammanford Level Crossings) Order 1997
1st October 1997
Coming into force
8th October 1997
Whereas an application has been made to the Secretary of State for Transport (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 1992(1) made under section 6 of the Transport and Works Act 1992(2) (“the Act”), for an Order under section 1 of the Act;
And whereas the objection to that application has been withdrawn;
And whereas the Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 30th September 1997;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1, 4 and 11 of Schedule 1 to, the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation, commencement and interpretation
1.—(1) This Order may be cited as the |ervideo|Railtrack (Ammanford Level Crossings) Order 1997 and shall come into force on 8th October 1997.
(2) In this Order—
“the Ammanford level crossing” means Ammanford level crossing (Ordnance Survey reference point SN6312:1212) at Ammanford in Carmarthenshire whereby the railway crosses Quay Street and Park Street;
“the Company” means Railtrack PLC;
“the Council” means Carmarthenshire County Council;
“the existing level crossing enactments” means section 60 of the Llanelly Railway and Dock Act 1853(3) and any other provision to the same or similar effect incorporated with or contained in, any enactment or instrument having effect by virtue of an enactment;
“the new highway” means a road between Carregamman Lane and Park Street at Ammanford which has been partly constructed by the Council;
“the proposed new level crossing” means the new level crossing at Ammanford in Carmarthenshire at or in the vicinity of Ordnance Survey reference point SN6303:2120 where the new highway will cross the railway;
“protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984(4)), manual, mechanical, automatic, electronic or telephonic equipment or other devices; and
“the railway” means the railway of the Company between Pantyffynnon and Gwaun cae Gurwen in Carmarthenshire.
Provision of proposed new level crossing over railway and pedestrianisation of Ammanford level crossing
2.—(1) The Council and the Company may enter into agreements with respect to—
(a)the construction and maintenance of the proposed new level crosing, and
(b)the pedetrianisation and subsequent maintenance of the Ammanford level crossing;
and any such agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
(2) As from the completion and opening for public use of the proposed new level crossing—
(a)all rights of way over the Ammanford level crossing, other than a right for all persons to use that crossing on foot, shall be extinguished;
(b)the existing level crossing enactments shall cease to apply to the Ammanford level crossing; and
(c)the British Railways Board Ammanford Level Crossing Order 1990 made under section 1 of the Level Crossings Act 1983(5) shall be revoked.
(3) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961(6).
3. The Company shall provide, maintain and operate at or near the proposed new level crossing and the Ammanford level crossing such barriers or other protective equipment as the Health and Safety Executive may in writing require.
Signed by authority of the Secretary of State for Transport
A S D Whybrow
Head of Traffic Policy Division
Department of the Environment, Transport and the Regions
1st October 1997
(This note is not part of the Order)
This Order provides for the Carmarthenshire County Council and Railtrack PLC to enter into agreements relating to the conversion of an existing public vehicular level crossing into a public footpath crossing, and to a proposed new vehicular level crossing, both at Ammanford. It also requires Railtrack to provide such barriers and other protective equipment at both level crossings as the Health and Safety Executive may require.
1992 c. 42.
1984 c. 27.
1983 c. 16.
1961 c. 33.