An Act to amend an Act of the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth relating to Highways.
[17th August 1839]
Modifications etc. (not altering text)
C1Short Title given by Short Titles Act 1896 (c. 14)
C2Preamble (which recites Highways Act 1835 (c. 50), ss. 71, 113) omitted under authority of Statute Law Revision (No. 2) Act 1890 (c. 51)
C3Act excluded by Light Railways Act 1896 (c. 48), s. 12, Sch. 2
C4Act excluded (29.4.1992) by S.I. 1992/1113, art. 3(3)
C5Act excluded (21.5.1992) by S.I. 1992/1267, art. 4(2)
Act excluded (22.6.1993) by S.I. 1993/1607, art. 3(3) (with arts. 8, 12(2), 13, 14)
Act excluded (29.6.1993) by S.I. 1993/1651, art. 3(2) (with arts. 6, 8, 9, 10(2))
Act excluded (27.7.1993) by 1993 c. xv, s. 3(3)
Act excluded (1.9.1993) by S.I. 1993/2154, art. 3(2) (with arts. 5, 7, 9(6), 10)
C6Act amended (2.2.1994) by virtue of 1993 c. 43, ss. 117(1)(6), 150(1)(e) (with S.I. 1990/1380, arts. 3, 4); S.I. 1994/202, art. 2
C7Act: power to repeal or modify conferred by 1974 c. 37, s. 15 (as amended (2.2.1994) by 1993 c. 43, ss. 117(1)(6), 150(1)(e); S.I. 1994/202, art. 2) and (2.2.1994) by 1993 c. 43, ss. 117(4)(6), 150(1)(e); S.I. 1994/202, art. 2
C8Act excluded (24.3.1994) by 1994 c. ii, s. 1, Sch. Pt. II para. 5(3)(b)
Act excluded (31.3.1994) by 1994 c. iv, Pt. II, s. 15(3) (with s. 28)
Act excluded (21.7.1994) by 1994 c. xi, s. 3(3)
Act excluded (21.7.1994) by 1994 c. xv, s. 3(4)
Act excluded (18.12.1996) by 1996 c. 61, s. 20, Sch. 9 Pt. II para. 3
Act excluded (27.12.1995) by S.I. 1995/3188, art. 2(2)
Act excluded (11.11.1996) by S.I. 1996/2714, art. 3(6)
Act excluded (21.5.1997) by S.I. 1997/1266, art. 3(6)
Act excluded (27.8.1998) by S.I. 1998/1936, art. 3(6)
Act excluded (30.4.1999) by S.I. 1999/1306, art. 3(4)
Act excluded (21.7.1999) by S.I. 1999/2129, art. 3(5)
Act excluded (21.7.1999) by S.I. 1999/2382, art. 4(1)
Act excluded (24.7.2001) by S.I. 2001/3627, art. 3(2)(3)
C9Act disapplied (S.) (11.8.2004) by Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004 (asp 10), Sch. 3 Pt. 3 (with s. 33)
C10Act excluded (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), art. 3(4)(a)
C11Act excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 11 para. 1
C12Act excluded (18.5.2009) by Greater Manchester (Light Rapid Transit System) (Media City Extension) Order 2009 (S.I. 2009/1100), art. 3(2)
C13Act excluded (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), art. 3(2) (with Sch. 13 para. 14(2), 14 para. 19, 16)
C14Act excluded (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), art. 3(2) (with arts. 42, 43)
C15Act excluded (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), art. 3(2) (with arts. 57, 58, Sch. 11 para. 19)
C16Act excluded (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 3(3)
C17Act excluded (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), art. 3(2) (with arts. 43, 44)
C18Act excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), Sch. 29 para. 1
C19Act excluded (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), art. 3(2) (with arts. 3(3), 58, 59)
C20Act excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), Sch. 28 para. 1
C21Act excluded (2.8.2023) by The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023 (S.I. 2023/815), arts. 1, 15(6)(a) (with art. 42)
Commencement Information
I1Act wholly in force at 30.9.1839 by s. 3 (now repealed)
Wherever a railroad crosses or shall hereafter cross [F1any turnpike road or any highway or statute labour road for carts or carriages in Great Britain][F1the carriageway of a public road (within the meaning of the Roads (Scotland) Act 1984)], the proprietors or directors of the company of proprietors of the said railroad shall make and maintain good and sufficient gates across each end of such [F2turnpike or other road as aforesaid][F2carriageway] at each of the said crossings, and shall employ good and proper persons to open and shut such gates, so that the persons, carts, or carriages passing along such [F3turnpike or highway][F3carriageway] shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railroad; F4. . .
Textual Amendments
F1Words commencing “the carriageway...” substituted (S.) for words commencing “any turnpike road...” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 1(a)
F2Word “carriageway” substituted (S.) for words commencing “turnpike or other road...” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 1(b)
F3Word “carriageway” substituted (S.) for “turnpike or highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 1(b)
F4Words in s. 1 repealed (10.5.1997) by S.I. 1997/553, reg. 12(1), Sch. Pt. I
Modifications etc. (not altering text)
C22S. 1 excluded (20.5.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Miscellaneous Provisions) Order 2013 (S.I. 2013/1030), arts. 1, 6(3)(a) (with art. 6(4))
Textual Amendments
F5S. 2 repealed (10.5.1997) by S.I. 1997/553, reg. 12(1), Sch. Pt. I
Textual Amendments
F6S. 3 repealed by Statute Law Revision (No. 2) Act 1874 (c. 96)