OpenLegislation

Highway (Railway Crossings) Act 1839

2 & 3 Vict. c. 45 · Enacted 17 August 1839 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 2 August 2023.

An Act to amend an Act of the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth relating to Highways.

[17th August 1839]C1C2C3C4C5I1C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21

Annotations to the whole text

Modifications

C1

Short Title given by Short Titles Act 1896 (c. 14)

C2

Preamble (which recites Highways Act 1835 (c. 50), ss. 71, 113) omitted under authority of Statute Law Revision (No. 2) Act 1890 (c. 51)

C3

Act excluded by Light Railways Act 1896 (c. 48), s. 12, Sch. 2

C4

Act excluded (29.4.1992) by S.I. 1992/1113, art. 3(3)

C5

Act excluded (21.5.1992) by S.I. 1992/1267, art. 4(2)

Act excluded (22.6.1993) by S.I. 1993/1607, art. 3(3) (with arts. 8, 12(2), 13, 14)

Act excluded (29.6.1993) by S.I. 1993/1651, art. 3(2) (with arts. 6, 8, 9, 10(2))

Act excluded (27.7.1993) by 1993 c. xv, s. 3(3)

Act excluded (1.9.1993) by S.I. 1993/2154, art. 3(2) (with arts. 5, 7, 9(6), 10)

C6

Act amended (2.2.1994) by virtue of 1993 c. 43, ss. 117(1)(6), 150(1)(e) (with S.I. 1990/1380, arts. 3, 4); S.I. 1994/202, art. 2

C7

Act: power to repeal or modify conferred by 1974 c. 37, s. 15 (as amended (2.2.1994) by 1993 c. 43, ss. 117(1)(6), 150(1)(e); S.I. 1994/202, art. 2) and (2.2.1994) by 1993 c. 43, ss. 117(4)(6), 150(1)(e); S.I. 1994/202, art. 2

C8

Act excluded (24.3.1994) by 1994 c. ii, s. 1, Sch. Pt. II para. 5(3)(b)

Act excluded (31.3.1994) by 1994 c. iv, Pt. II, s. 15(3) (with s. 28)

Act excluded (21.7.1994) by 1994 c. xi, s. 3(3)

Act excluded (21.7.1994) by 1994 c. xv, s. 3(4)

Act excluded (18.12.1996) by 1996 c. 61, s. 20, Sch. 9 Pt. II para. 3

Act excluded (27.12.1995) by S.I. 1995/3188, art. 2(2)

Act excluded (11.11.1996) by S.I. 1996/2714, art. 3(6)

Act excluded (21.5.1997) by S.I. 1997/1266, art. 3(6)

Act excluded (27.8.1998) by S.I. 1998/1936, art. 3(6)

Act excluded (30.4.1999) by S.I. 1999/1306, art. 3(4)

Act excluded (21.7.1999) by S.I. 1999/2129, art. 3(5)

Act excluded (21.7.1999) by S.I. 1999/2382, art. 4(1)

Act excluded (24.7.2001) by S.I. 2001/3627, art. 3(2)(3)

C9

Act disapplied (S.) (11.8.2004) by Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004 (asp 10), Sch. 3 Pt. 3 (with s. 33)

C10

Act excluded (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), art. 3(4)(a)

C11

Act excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 11 para. 1

C12

Act excluded (18.5.2009) by Greater Manchester (Light Rapid Transit System) (Media City Extension) Order 2009 (S.I. 2009/1100), art. 3(2)

C13

Act excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), art. 3(2) (with Sch. 13 para. 14(2), 14 para. 19, 16)

C14

Act excluded (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), art. 3(2) (with arts. 42, 43)

C15

Act excluded (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), art. 3(2) (with arts. 57, 58, Sch. 11 para. 19)

C16

Act excluded (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 3(3)

C17

Act excluded (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), art. 3(2) (with arts. 43, 44)

C18

Act excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), Sch. 29 para. 1

C19

Act excluded (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), art. 3(2) (with arts. 3(3), 58, 59)

C20

Act excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), Sch. 28 para. 1

C21

Act excluded (2.8.2023) by The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023 (S.I. 2023/815), arts. 1, 15(6)(a) (with art. 42)

Commencement

I1

Act wholly in force at 30.9.1839 by s. 3 (now repealed)

Contents

  1. 1Proprietors of Railroad to maintain Gates where any Railroad crosses the Highway, &c.
  2. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed

1Proprietors of Railroad to maintain Gates where any Railroad crosses the Highway, &c.C1

Wherever a railroad crosses or shall hereafter cross F1any turnpike road or any highway or statute labour road for carts or carriages in Great Britainthe carriageway of a public road (within the meaning of the Roads (Scotland) Act 1984), the proprietors or directors of the company of proprietors of the said railroad shall make and maintain good and sufficient gates across each end of such F2turnpike or other road as aforesaidcarriageway at each of the said crossings, and shall employ good and proper persons to open and shut such gates, so that the persons, carts, or carriages passing along such F3turnpike or highwaycarriageway shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railroad; F4. . .

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1