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Health & safety: Level crossings – Law Commission consultation

Level crossings

At the end of September, the Law Commission for England and Wales and the Scottish Law Commission published a joint report on the law governing level crossings. The report recommends reform of the law aimed at:

  • Improving the safety regime for level crossings by bringing it into line with that of the railway generally, while making such special provision as is necessary.

  • Providing a new procedure to allow for the compulsory closure of level crossings.

  • Clarifying the law relating to rights of way across railways.

Currently, safety is governed by a specific regime for level crossings alone (the Level Crossings Act 1983) which provides for inflexible and unresponsive orders, the legal status of which is uncertain. The proposed reforms would bring level crossings into the general Health and Safety at Work etc Act 1974 system, with special provision for level crossings plans to be made when it is desirable to do so.

Law Commission Report

By Fiona James

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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