Law Commission: Level Crossings - Cm. 8711

Book excerpt: This project, following a joint consultation in 2010, aims to modernise and clarify the safety regime governing level crossings in Great Britain. It aims to make it easier to close level crossings where necessary and preserve rights of way where appropriate. It recommends that safety should be regulated entirely by the Health and Safety at Work, etc Act 1974, and approved codes of practice and guidance under new powers given to the Office of Rail Regulation. Modern safety regulation should also take precedence over safety provisions in special Acts. It is also recommended that the Level Crossings Act 1983 be repealed. In place of level crossing orders under that Act, there should be regulations making provision for level crossing plans which may be entered into voluntarily in respect of public and private level crossings if the parties whish to create such an arrangement. Also recommended are creation of duties on railway operators and traffic authorities; clarification of boundaries between the enforcement responsibilities of the Office of Rail Regulation and those of the Health and Safety Executive; and disapplication of obsolete statutory provisions. Most of the recommendations for reform of the law are given effect in the draft Level Crossings Bill and draft Level Crossings Plans Regulations both of which are included in the report