Level Crossings Section 51: Delegation of power to make level crossing orders
190.This section amends paragraph 7(3)(b) of Schedule 3 to the Railways Act 2005, under which the Secretary of State may not require or authorise the Office of Rail Regulation (ORR) to make regulations or any other instruments of a legislative character, to preclude its application to action by the Secretary of State to enter into an agreement with ORR for that body to carry out on his behalf the making, varying or revoking of orders made under section 1 of the Level Crossings Act 1983.
191.The section also deems orders purportedly made under section 1 of the Level Crossings Act 1983 by the Health & Safety Executive to have been made by the Secretary of State notwithstanding the terms of section 13(2) of the Health & Safety at Work etc Act 1974 (which comprises a similar preclusion to that described in the said paragraph 7).  This provision has prospective effect only.