Memorandum of Understanding – The use of private level crossings (PLCs) for non-motorised public access in Scotland

Introduction

This memorandum of understanding (MoU) was prepared by a short-life working group of the National Access Forum in 2024-25. The working group, comprising representatives from access authorities, Network Rail and other stakeholders, was set up to look at pragmatic ways of dealing with non-motorised public access at private level crossings on the rail network.

The MOU covers 2 key areas:

• Establishing ways of working between Network Rail and access authorities, building on best practices.
• Setting out a process when changes to use of a private level crossing are being considered.

As the MOU is implemented in practice, feedback is welcome and it should be subject to periodic review.

References to ‘access’ ‘the National Access Forum’ and ‘access authorities’, among others are understood to refer to access rights and responsibilities as defined by Part 1 of the Land Reform (Scotland) Act 2003 and the related Scottish Outdoor Access Code. (See also Glossary, below.)

Memorandum of Understanding (“MoU”) for the use of private level crossings (“PLCs”) for non-motorised public access in Scotland

This MoU has been developed by a working group appointed by the National Access Forum. The aim is to improve and bring consistency to working practices between Network Rail and access authorities in relation to management of the day-to-day use of PLCs for non-motorised access by the public on the rail network in Scotland.

It is not intended for this MoU to be legally binding or to be read as implying any position of the parties on the law as it affects rights to use PLCs in Scotland. It sets out high-level principles intended to encourage clearer communication and the building of collaborative relationships between Network Rail and access authorities. This will encourage the most effective dialogue when changes are proposed to PLCs.

1. Objectives of this MOU

1.1 To promote safety at private level crossings.

1.2 To ensure effective communications and working relationships between Network Rail and access authorities.

1.3 To encourage a consistent approach to managing public access at PLCs where there has been historical and ongoing non-motorised public use.

2. Principles

2.1 Network Rail is a safety critical organisation and keeping people safe on the railway is at the heart of everything it does.

2.2 Access authorities’ duties include a requirement ‘to assert, protect and keep open and free from obstruction or encroachment any route, waterway or other means by which access rights may reasonably be exercised’.

2.3 Network Rail recognises the de facto, longstanding use of some private level crossings for non-motorised access by the public, and understands that responsible management of public access is a key priority for access authorities, so will work with these authorities to continue to facilitate such access, provided it can be exercised in a safe and responsible manner, in line with Network Rail guidance on safe use of crossings.

2.4 Access authorities recognise that rail safety is the top priority for Network Rail and will support Network Rail to ensure that safety is at the heart of decision-making.

2.5 In rare and exceptional circumstances, Network Rail may need to react to serious and/or imminent safety risks. In these circumstances, Network Rail may need to set aside the processes set out in this MoU to ensure the safety of the railway.

2.6 The over-riding objective of this MoU is to acknowledge and to align parties’ varying duties, responsibilities and interests to the greatest extent possible.

3. Relationship and communication between Network Rail and access authorities

3.1 Network Rail and access authorities will work together to identify and maintain an agreed list of PLCs in each authority area.

3.2 Network Rail and access authorities will work together to seek to ensure that access users arriving at PLCs are greeted with concise, clear and consistent on-site information, recognising that Network Rail has existing standards and other industry requirements relating to signage which need to be taken into account.

3.3 Network Rail will review the best course of action given the constraints available when examining options for the future of any PLC and will discuss with access authorities and other stakeholders as appropriate.

3.4 Network Rail recognises the knowledge and expertise of access authorities regarding patterns of access use in their area and will consult with access authorities where appropriate, having regard to their advice; such consultation is understood to be voluntary and there is no implication that it will constrain Network Rail’s discretion to decide how it manages its duties with respect to safety risk at level crossings.

3.5 Network Rail and access authorities will work together to identify the best methods of communication to promote continuous improvement.

3.6 Access authorities will inform Network Rail of any issues that arise in addressing a proposal or change by Network Rail, including provision of any further information required, as soon as is reasonably practicable.

3.7 Network Rail will investigate issues raised by access authorities and address them to the best of its ability in the context of its legal and operational constraints.

3.8 Access authorities will encourage staff and, where possible, relevant third-party bodies to develop and improve their understanding of level crossing processes and procedures, and to form working relationships with local Level Crossing Managers.

3.9 Access authorities recognise that increased or new use of a PLC could potentially change the safety profile of the relevant PLC, so will not encourage increased or new use without the agreement of Network Rail.

3.10 Network Rail will assist this process by seeking to broaden the understanding of people working in access about current means of assessing risk at level crossings. Additionally, Network Rail will encourage relevant staff to develop contacts with access professionals and broaden their understanding of the role of access authorities.

4. Changes to PLCs

4.1 Where Network Rail identifies a need to review the way a PLC might be used for public access:

4.1.1 Information will be provided to the access authority by Network Rail in a clear and concise format and in a timely manner, insofar as possible.

4.1.2 Network Rail will develop an internal checklist for improving information it provides in support of potential changes.

4.1.3 Where access authorities identify that further information about the proposed change is required, a request for information setting out the nature and reason for the information will be communicated as early as possible. Network Rail will respond to the request for additional information and engage with the access authority to seek to resolve any issues that are raised, insofar as possible.

4.1.4 Access authorities will provide Network Rail with any available evidence on the scale and nature of use of the PLC for access purposes.

4.1.5 Where relevant, access authorities and Network Rail will work together to seek to identify alternative and fundable options which continue to ensure safe and responsible passage over the railway, recognising that Network Rail is not funded or resourced to support public access where this is not required as a matter of law.

4.1.6 Meetings between Network Rail and access authority staff will be scheduled as appropriate and continue throughout the process as necessary, with the aim of resolving highlighted issues and monitoring progress, as above, recognising the constraints which exist for both parties in terms of funding and resources.

4.1.7 Community, stakeholder and public engagement will be planned and agreed between the access authority and Network Rail, insofar as possible.

5. Confidentiality and Information

5.1 Network Rail may require any access authority in an individual case to keep some information regarding changes to crossings confidential. If this is the case, then Network Rail staff will make this clear in advance.

6. Modification of this MOU

6.1 This MOU can be modified by agreement in writing among the parties and may be subject to periodic review.

Glossary

‘Access’ – responsible public access to land and water by any non-motorised means, whether following a physical route (core path, public right of way, informal track, desire line, trodden path) or not.

‘Access rights’ – statutory and common law public rights of access.

‘access authority’ – Local Authority or National Park Authority statutorily responsible for upholding public rights of responsible access be it under the Land Reform (Scotland) Act 2003; the Countryside (Scotland) Act 1967; the Town & Country Planning (Scotland) Act 1997; or any other relevant statute. Access authorities have a duty to draw up a core path network sufficient for the purpose of giving the public reasonable access throughout their area. Planning Authorities have a duty to keep Public Rights of Way open and free from obstruction and encroachment.

‘Core Path’ – Route recorded as such by an access authority on its statutorily required adopted Core Paths Plan.

‘Level Crossing Managers’ – Network Rail staff responsible for safety and maintenance of specified level crossings.

‘Network Rail’ – Network Rail Infrastructure Limited, a company incorporated in England and Wales with company number 02904587 and having its registered office at Waterloo General Office, London, SE1 8SW.

‘Non-motorised access’ – Section 9 of the Land Reform (Scotland) Act 2003 excludes “being on or crossing land in or with a motorised vehicle or vessel (other than a vehicle or vessel which has been constructed or adapted for use by a person who has a disability and which is being used by such a person);”

‘Private Level Crossing/PLC’ – a place where the railway intersects with a road or footpath at the same level, created by private Act of Parliament to accommodate access by specified neighbouring landowners where such access was severed by the construction of the railway.

‘Right of way’ – Right of passage created by public use, provided it meets all necessary common law criteria or designated as such by the local Planning Authority.