Paragraph 5

In this Schedule—

• “barrier” includes gate;

• “cross” means cross otherwise than by tunnel or bridge;

• “crossing sign”, in relation to a private road or path and any place where it crosses a railway, means—

  1. (a)

     any object or device (whether fixed or portable), or

  2. (b)

     any line or mark on the road or path,

  for conveying to users of the road or path warnings, information, requirements, restrictions or prohibitions relating to the crossing;

• “fail” includes refuse;

• “lawfully placed” means placed in accordance with paragraphs 1 to 3;

• “maintain” includes repair and replace;

• “place” includes erect and (in relation to a sign) display;

• “private road or path” means any length of road or path to which the public does not have access.

In the case of a railway which has more than one operator, the powers conferred by paragraphs 1 to 3 shall only be exercisable by or in relation to the operator carrying on the undertaking which includes maintaining the permanent way.