Article 47 Application of local legislationI1
England and Wales
The following local enactments and local byelaws, and any byelaws or other provisions made under any of those enactments or byelaws do not apply where inconsistent with a provision or a power conferred by this Order—
Cobham, Leatherhead and Godalming Bridges Act 1782f1 sections 1 and 6;
Cobham Gas Act 1899f2 section 29;
Electric Lighting Orders Confirmation (No.1) Act 1908f3 sections 4 and 5;
Borough of Guildford Byelaws with respect to Loading of Vehicles and Deposit of Mud on Highways 1968, byelaws 2 and 3; and
Surrey Act 1985f4 sections 5(1) and 5(2).
For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order to the extent that—
it would make it an offence to take action, or not to take action, in pursuance of the power;
action taken in pursuance of the power 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
action taken in pursuance of a power or duty under the provision would or might interfere with the exercise of any work authorised by this Order.
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 in any event within 14 days of receipt of the notice, respond in writing setting out—
whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;
if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and
the extent of that exclusion.
Annotations
Commencement
- I1
Art. 47 in force at 2.6.2022, see art. 1
Footnotes
- f1
- f2
1899 c. lxxxvi.
- f3
1908 c. cxv.
- f4