# The London Underground (Bank Station Capacity Upgrade) Order 2015, Article 34: Defence to proceedings in respect of statutory nuisance

Extent: E+W+S

(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—
(a) relates to premises used by the Company for the purposes of or in connection with the construction or maintenance of the authorised works and that the nuisance is attributable to the carrying out of the authorised works in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974; or
(b) is a consequence of the construction or maintenance of the authorised works and that it cannot reasonably be avoided.
(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the Company for the purposes of or in connection with the construction or maintenance of the authorised works.
(3) The provisions of this article do not affect the application to the authorised works of section 122 of the Railways Act 1993 (statutory authority as a defence to actions in nuisance, etc.) or any rule of common law having similar effect.

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Source: https://www.legislation.gov.uk/uksi/2015/2044/article/34 (the official version)
Page: https://openlegislation.uk/london-underground-bank-station-capacity-upgrade-order-2015/article-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.