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Part IIE+W+S Safety of railways etc

Chapter IIE+W+S Other safety provisions

Rail crossingsE+W+S

47 Stopping up and diversion of crossings.E+W+S

(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