Transport (Miscellaneous Provisions) Act, 1971

Orders in relation to certain level crossings.

22.—(1) The Minister may on the application of the Board or the appropriate road authority, and after consultation with the Minister for Local Government, by order provide that any obligations of the Board or of the Fishguard Company to provide, make or maintain gates or other specified works at a specified level crossing (other than a crossing to which the provisions of section 47 of the Railways Clauses Consolidation Act, 1845 , section 6 of the Railways Clauses Act, 1863 , or any other enactment incorporating requirements to similar effect, apply), where the road on one or both sides of the crossing is a public road, shall not apply to such level crossing.

(2) An order under this section may require the Board to provide and maintain such barriers, lights and automatic and other devices and appliances and to comply with such other conditions and requirements for the protection, safety and convenience of the public as the Minister thinks fit and specifies in the order.

(3) An application to the Minister for an order under this section shall be accompanied by a draft of the proposed order and the draft shall be in such form as the Minister may direct.

(4) Before making an application to the Minister for an order under this section, the person proposing so to apply shall give notice of the proposal, together with a copy of the draft of the proposed order, to the following persons (other than the person proposing so to apply), namely, the Board, the appropriate road authority and the Commissioner of the Garda Síochána.

(5) The Minister may, after consultation with the Minister for Local Government, by order amend or revoke an order under this section.