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Railway Clauses Consolidation Act
RAILWAYS CLAUSES CONSOLIDATION ACT 1845
Standardising the rules & measures in Railway authorising Acts.
Some extracts relevant to Highways;
Section 59 - Proceedings on application to justices to consent to level crossings over highways other than public Carriage roads.
When the company shall intend to apply for the consent of two justices, as herein-before provided, so as to authorize them to carry the railway across any Highway other than a public Carriage road on the level, they shall, fourteen days at least previous to the holding of the petty sessions at which such application is intended to be made, cause notice of such intended application to be given in some newspaper circulating in the county, and also to be affixed upon the door of the parish church of the parish in which such crossing is intended to be made, or, if there be no such church, some other place to which notices are usually affixed; and if it appear to any two or more justices acting for the district in which such Highway at the proposed crossing thereof is situate, and assembled in petty sessions, after such notice as aforesaid, that the railway can, consistently with a due regard to the public safety and convenience, be carried across such Highway on the level, it shall be lawful for such justices to consent that the same may be so carried accordingly.
S.60 repealed by Statute Law Repeals Act 1980
Section 61 - Company to make sufficient approaches and fences to such highways crossing on the level.
If the railway shall cross any Highway other than a public Carriageway on the level, the company shall at their own expence make and at all times maintain convenient ascents and descents and other convenient approaches, with handrails or other fences, and shall, if such Highway be a Bridleway, erect and at all times maintain good and sufficient gates, and if the same shall be a Footway, good and sufficient gates or stiles, on each side of the railway, where the Highway shall communicate therewith.
Section 62 - Justices to have power to order approaches and fences to be made to highways crossing on the level.
If where the railway shall cross any Highway on the level the company fail to make convenient ascents and descents or other convenient approaches, and such handrails, fence, gates, and stiles as they are herein-before required to make, it shall be lawful for two justices, on the application of the surveyor of roads, or of any two householders within the parish or district where such crossing shall be situate, after not less than ten days' notice to the company, to order the company to make such ascent or descent or other approach, or such handrails, fences, gates, or stiles as aforesaid, within a period to be limited for that purpose by such justices; and if the company fail to comply with such order they shall forfeit five pounds for every day that they fail so to do; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be applied, in such manner and by such person as they think fit, in executing the work in respect whereof such penalty was incurred.
