The Level Crossings Regulations 1997
UK Statutory Instrument 1997 No. 487 — creates 1 criminal offence.
- Made
- 25 February 1997
- In force from
- 1 April 1997
- Extent
- Not stated
- Subject
- Corporate, financial services, company law, employment, charity, electoral and tax
- Made under
- Health and Safety at Work etc. Act 1974
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations make provision with regard to the provision, maintenance and operation of level crossings. Regulation 2 repeals section 40 of the British Transport Commission Act 1954, section 66 of the British Transport Commission Act 1957 and section 124 of the Transport Act 1968. It also makes a saving for orders which were made under the 1957 and 1968 Acts and in force immediately before 1st April 1997. Regulation 3 makes it an offence for an operator of a level crossing, in relation to which an order has been made under section 1 of the Level Crossing Act 1983, not to comply with that order. It provides a defence for an operator who has taken all reasonable precautions and exercised all due diligence. Regulation 4 makes amendments to section 1 of the Level Crossings Act 1983. These provide, amongst other things— that the Secretary of State may make a level crossing order under section 1 of the Act with or without a request from the operator; that the Health and Safety Executive may give written notice to an operator that in its opinion such a request should be made to the Secretary of State, in which case, the operator will be under a duty to make the request; that any order made under section 66 of the British Transport Commission Act 1957 or section 124 of the Transport Act 1968 and in force immediately before 1st April 1997 is to have effect as if it were an order under section 1 of the Level Crossings Act 1983; that in performing his functions under the Act, the Secretary of State is to take account of the advice of the Health and Safety Commission.
Offences created by this instrument
- Contravention of The Level Crossings Regulations 1997 the instrument as a whole · Status not determined · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Railway Crossings (Stone)
Commons · Westminster Hall · 7 March 2001 · The Parliamentary Under-Secretary of State for the Environment, Transport and the Regions (Mr. Keith Hill)
I congratulate the hon. Member for Stone (Mr. Cash) on securing this important debate on safety at level crossings in north Staffordshire. I also thank him for his courtesy in giving me notice of some of the detailed matters that he wanted to raise. However, I must chide him for his unreasonable complaint about the failure of my right hon. Friend the Secretary of State to reply to him. The hon. Gentleman wrote only nine days ago, on 28 February, as part of what is evidently a late flurry of activity on his part. I assure him that he will receive his reply shortly. Her Majesty's railway…
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1997