Article 10 Construction of public level crossing
The Society, the Town Council and the County Council may enter into and carry into effect agreements (and may carry into effect the agreement previously entered into by them and dated 10th January 1990) providing for the construction by the County Council in the lines or situations and within the limits of deviation shown on the deposited plan and at the same level (save as hereinafter permitted) as the existing Railway No. 1, of the bypass crossing (as described in Schedule 2 to this Order) together with all such approaches and plant and other works and conveniences as it may be necessary or convenient to construct in connection with it, and for the dedication of the bypass crossing as a public highway subject to the Society’s existing powers to maintain and operate the Society’s railway.
In the construction of the bypass crossing the County Council may deviate laterally in the lines or situations of the work shown on the deposited plan within the limits of deviation shown thereon and they may also deviate vertically in the construction of the work from the levels of the existing railway to any extent not exceeding 1 metre upwards and 1 metre downwards.
The Society and the County Council may enter into and carry into effect agreements providing for the construction of the bypass crossing, and for the dedication of the bypass crossing as a public highway subject to the rights and powers to maintain and operate the Society’s railway by virtue of the principal Order and this Order, and for the installation, operation and maintenance of any gates, barriers, lights, traffic signs and other devices and appliances referred to in this article.
The Society may make provision for the County Council to use the bypass crossing to give access and accommodation to the works to be undertaken by the County Council in the construction of the public road referred to in Schedule 2 to this Order.
Such access and accommodation shall be by means of a temporary level crossing on the same alignment and level and within the same limits of deviation as those referred to in paragraphs (1) and (2) of this article.
The following provisions, being provisions which in the opinion of the Secretary of State are necessary or expedient for the safety of those using the bypass crossing, shall apply in respect of the bypass crossing:&—
The Society shall, during the period in which the County Council is engaged in works to provide the new road referred to in Schedule 2 to this Order, provide, operate and maintain the protective equipment which is specified in Part I of Schedule 3 to this Order.
The Society shall provide, and shall from the time when the works referred to in sub-paragraph (i) above are completed and thereafter so long as this Order continues in force operate and maintain the protective equipment which is specified in Part II of Schedule 3 to this Order.
The Society shall during the period of works mentioned in sub-paragraph (i) above observe the conditions and requirements specified in Part III of Schedule 3 to this Order, and thereafter shall observe the conditions and requirements specified in Part IV of Schedule 3 to this Order.
There shall be no interval of time between the discontinuance of the provisions of Part I and the commencement of the provisions of Part II.
Nothing contained in or incorporated with this Order shall require the provision of any building or keeper at the bypass crossing nor shall the Society be subject to any regulations regarding the speed of trains over it except as provided for in this Order.