Transport and Works Act 1992
1992 c. 42 · Enacted 16 March 1992 · Extends to England, Wales and Scotland
An Act to provide for the making of orders relating to, or to matters ancillary to, the construction or operation of railways, tramways, trolley vehicle systems, other guided transport systems and inland waterways, and orders relating to, or to matters ancillary to, works interfering with rights of navigation; to make further provision in relation to railways, tramways, trolley vehicle systems and other guided transport systems; to amend certain enactments relating to harbours; and for connected purposes.
[16th March 1992]
I1C1C2Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C3C4C5C6
Annotations to the whole text
Modifications
- C1
Act applied (with modifications) (4.6.1996) by S.I. 1996/1243, art. 18, Sch. 5 Pt. II, para. 7
- C2
Act (except as mentioned in S.I. 1999/672, art. 2, Sch. 1): transfer of functions (1.7.199) by S.I. 1999/672, art. 2, Sch. 1
- C3
Act applied (with modifications) (E.W.) (24.3.2005) by The New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), Sch. 3 para. 6
- C4
Act applied (E.W.) (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), Sch. 3 para. 5
- C5
Act applied (with modifications) (E.W.) (1.7.2015) by The National Park Authorities (England) Order 2015 (S.I. 2015/770), Sch. 3 para. 6
- C6
Act applied (with modifications) (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), art. 5(3) (with art. 39)
Commencement
- I1
Act partly in force at Royal Assent. See s.70(1); Act partly in force (15.7.1992) by S.I. 1992/1347, art. 2, Sch.; Act partly in force (7.12.1992) by S.I. 1992/2043, art. 2, Sch.; Act partly in force (22.12.1992) by S.I. 1992/3144, art. 2, Sch.; Act partly in force (1.1.1993) by S.I. 1993/2784, art. 2, Sch.1; Act partly in force (31.1.1993) by S.I. 1992/3144, art. 2, Sch.; Act partly in force (5.4.1994) by S.I. 1994/718, art. 2, Sch.; Act partly in force (8.7.1996) by S.I. 1996/1609, art. 2, Sch. (with art. 3).
Contents
- Part I: Orders authorising works etc
- Power to make orders
- 1Orders as to railways, tramways etc.
- 2Extension of section 1 to other guided transport systems.
- 3Orders as to inland waterways etc.
- 4Description of works for purposes of section 3.
- 5Subject-matter of orders under sections 1 and 3.
- Procedure for making orders
- 6Applications for orders under sections 1 and 3.
- 6ACases where ... Member States are affected
- 7Orders under sections 1 and 3 made otherwise than on application.
- 8Guidance on draft orders
- 9Schemes of national significance. Repealed
- 10Objections.
- 11Inquiries and hearings.
- 12Special parliamentary procedure.
- 13Making or refusal of orders under section 1 or 3 : general.
- 13AEnvironmental impact assessment: definitions
- 13BApplication or proposal for an EIA order: reasoned conclusion
- 13CEIA orders: monitoring measures and remedial action
- 13DApplication or proposal for an EIA order: time limit
- 14Publicity for making or refusal of orders.
- 14ACompulsory acquisition: notice requirements
- Consents etc under other enactments
- 15Assimilation of procedures.
- 16Town and country planning.
- 17Listed buildings and conservation areas.
- 18Hazardous substances.
- 19Coast Protection Act 1949.
- 19ADeemed consent under marine licences
- 20Power to apply for, or object to, orders.
- 21Transport Consultative Committees.
- Miscellaneous
- 22Validity of orders under section 1 or 3.
- 23Exercise of Secretary of State’s functions by appointed person.
- 23AFees for certain services in connection with orders
- 24Private legislation procedure in Scotland.
- 25Crown land.
- Part II: Safety of railways etc
- Chapter I: Offences involving drink or drugs
- Preliminary
- 26Transport systems to which Chapter I applies.
- Principal offences
- 27Offences involving drink or drugs on transport systems.
- 28Offences by operators of transport systems.
- Police powers etc
- 29Breath tests.
- 30Powers of arrest and entry.
- 31Provision of specimens for analysis.
- 31ASpecimens of blood taken from persons incapable of consenting
- 32Breath specimen showing higher alcohol level to be disregarded
- 33Protection for hospital patients.
- Evidence in proceedings for offences under section 27
- 34Use of specimens in proceedings.
- 35Documentary evidence as to specimens.
- Penalties
- 36Penalties.
- Miscellaneous and supplementary
- 37Special provision for Scotland.
- 38Interpretation of Chapter I.
- 39Amendment of scope of offences involving drink or drugs under Road Traffic Act 1988.
- 40Consequential amendment. Repealed
- Chapter II: Other safety provisions
- General
- 41Approval of works, plant and equipment.
- 42Inspectors. Repealed
- 43Accidents etc. Repealed
- 44Accidents etc: consequential amendments. Repealed
- 45Directions limiting speeds and loads.
- 46Directions requiring insurance.
- Rail crossings
- 47Stopping up and diversion of crossings.
- 48Footpaths , bridleways and restricted byways over railways.
- 49Securing of gates and barriers.
- 50Orders under Transport Act 1968. Repealed
- 51Amendment of Level Crossings Act 1983.
- Signs and barriers at private crossings
- 52Placing of signs and barriers.
- 53Rights to enter land.
- 54Default powers of Secretary of State.
- 55Offence of failing to comply with sign.
- 56Interpretation of sections 52 to 55.
- Chapter III: Supplementary
- 57Duty to consult.
- 58Prosecutions.
- 59Offences by bodies corporate etc.
- Part III: Miscellaneous and General
- Tramways
- 60Powers of leasing.
- 61Amendment of Public Passenger Vehicles Act 1981.
- 62Exclusion of hackney carriage legislation.
- Harbours
- 63Harbours.
- Miscellaneous
- 64Maintenance of footpaths and bridleways.
- 65Certain enactments to cease to have effect.
- General
- 66Service of notices.
- 67Interpretation.
- 68Repeals.
- 69Expenses.
- 70Commencement.
- 71Extent.
- 72Short title.
- Schedule 1: Matters within sections 1 and 3
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Schedule 2: Stopping up and diversion of rail crossings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 3: Amendment of Harbours Act 1964
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 4: Repeals
- IRailways and Tramways
- IIHarbours