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Amendments as to level crossings. 2.(1) If, upon an application made to the Ministry by the railway company concerned, the Ministry is satisfied that it is expedient so to do, it may direct that the gates on any level crossing over a public road shall, instead of being kept closed across the road, be kept closed across the railway, either constantly, or on such days, or during such portions of any day, as the Ministry thinks fit, and, if the Ministry so directs, the gates shall, notwithstanding anything in any enactment to the contrary, be kept closed in accordance with its direction, except when engines or vehicles passing along the railway have occasion to cross the road and if the person entrusted with the care of the gates fails to comply with the direction of the Ministry, such person shall on summary conviction be liable to a penalty of [#2] for each offence. (2) The powers conferred upon the Ministry by the preceding sub-section shall be deemed to be in addition to, and not in derogation of, any powers conferred upon it by section forty-seven of the Railways Clauses Consolidation Act, 1845, or by any provision in any other enactment which relates to the closing of gates on level crossings. (3) So much of section forty-eight of the Railways Clauses Consolidation Act, 1845, as requires that where a railway crosses a road, to which the said section applies, on a level adjoining to a station, all trains shall be made to slacken their speed before arriving at the road, and shall not cross it at a greater rate of speed than four miles an hour, and so much of any section of any other enactment as contains provisions substantially to the like effect, shall cease to have effect.
© 1934 Crown Copyright
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