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Road Safety Bill [Lords]

I urge the House to agree the amendments, which seek to confirm that the making of level crossing orders can be delegated to the rail safety regulator. First, I apologise to the House for the short notice given of the amendments, and for our failure to table them earlier, but I hope that it will accept the explanation. Level crossing orders set out the protective measures that are to be provided at each level crossing. ““Protective measures”” are the types of signs, barriers and lights needed to ensure that the crossing has the most appropriate measures for safe operation by both rail and road users. The general process has been that, after consultation with the local authority, the level crossing operator—Network Rail in most cases—applies to the Secretary of State for an order setting out the measures that it wants at the site. The proposals are considered by Her Majesty’s railway inspectorate and the order is made by HMRI on behalf of the Secretary of State. That procedure continued after 1990, when HMRI transferred from the Department of Transport to the Health and Safety Executive. With the transfer of HMRI from the Health and Safety Executive to the Office of Rail Regulation earlier this year, we intended that HMRI would continue to make level crossing orders on behalf of the Secretary of State, but I am afraid that doubt has been cast on whether the wording of the Railways Act 2005 allows that. In turn, that has cast doubt on whether the delegation to the HSE in 1990 was sufficiently robust. We therefore seek to amend the 2005 Act to put beyond doubt the fact that the making of level crossing orders can be delegated, and to make it clear that orders made on behalf of the Secretary of State by HMRI inspectors of the HSE are valid. If approved, the amendment will confirm that the legal position is what everyone always thought it was, as it has worked well for level crossing safety.