Article 53 Amendment of local legislationI1

England, Wales and Scotland As made

(1)

The following local enactments and local byelaws, and any byelaws or other provisions made under any of those enactments or byelaws, are hereby excluded and do not apply insofar as inconsistent with a provision, of or a power conferred by, this Order—

(a)

sections 32, 33, 37, 57, 77, 78, 79, 80, 81, 82, 83, 84 and 85 of the Trent Valley Railway Act 1845^f1;

(b)

sections 40 and 42 of the Coventry Gas Act 1856^f2;

(c)

byelaw of Coventry City Council in relation to the destruction of Ferns and other Plants 1930;

(d)

byelaws 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 25, 29, 30 and 31 of Coventry City Council in relation to Pleasure Grounds 1931;

(e)

byelaws 1 to 55 of Coventry City Council in relation to the Water Undertaking 1950;

(f)

byelaws 12, 13, 17, 18, 21 and 30 of Coventry City Council in relation to the Good Rule and Government of the City of Coventry 1953;

(g)

byelaws 7, 25, 29, 34 and 39 of Rugby District Council in relation to the Good Rule and Government and for the Prevention of Nuisances 1934;

(h)

byelaws 1 to 14 of Rugby District Council in relation to the Good Rule and Government and for the Prevention of Nuisances 1938; and

(i)

byelaws 1 and 2 of Rugby District Council in relation to the Good Rule and Government and for the Prevention of Nuisance 1959.

(2)

For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)—

(a)

it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order;

(b)

action taken in pursuance of a power conferred by this Order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; or

(c)

action taken in pursuance of a power or duty under the provisions would interfere with the exercise of any work authorised by this Order.

(3)

Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out—

(a)

whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

(b)

if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and

(c)

the extent of that exclusion.

Annotations

Commencement

I1: Art. 53 in force at 25.2.2026, see art. 1

Footnotes

f1: 1845 c. cxii.
f2: 1856 c. xxxviii.