Article 8 Application and modification of legislative provisionsI1

England and Wales

The following enactments do not apply in relation to the construction of any work or the carrying out of any operation for the purpose of or in connection with, the construction or maintenance of the authorised project or any maintenance of any part of the authorised project—

(a)

the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the authority) to the Water Resources Act 1991^f1;

(b)

the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991^f2;

(c)

sections 23 (prohibition on obstructions etc. in watercourses) and 30 (authorisation of drainage works in connection with a ditch) of the Land Drainage Act 1991^f3; and

(d)

the provisions of the Neighbourhood Planning Act 2017^f4 in so far as they relate to the temporary possession of land under articles 28 (temporary use of land for carrying out the authorised project) and 29 (temporary use of land for maintaining the authorised project) of this Order.

Annotations

Commencement

I1: Art. 8 in force at 28.7.2025, see art. 1

Footnotes

f1: 1991 c. 57. Paragraph 5 was amended by section 100(1) and (2) of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 (c. 23), paragraph 49 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29), paragraph 32 of Schedule 10 to the Fisheries Act 2020 and S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995 (c. 25), section 224 of, and paragraphs 20 and 24 of Schedule 16, and Part 5(B) of Schedule 22, to, the Marine and Coastal Access Act 2009 and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.
f2: 1991 c. 59. As substituted by section 49 of, and paragraph 38 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29), section 22(2) and paragraph 14 of schedule 2 to the Local Government Byelaws (Wales) Act 2012 (2012 anaw 2) and section 86 (3) of the Water Act 2014 (c. 21).
f3: 1991 c. 59. Section 23 has been amended by paragraph 32 of Schedule 2 to the Flood and Water Management Act 2010, section 120 of and paragraph 192 of Schedule 22 to the Environment Act 1995 and paragraph 322 of Schedule 2 to the Natural Resources Body for Wales (Functions) Order 2013 (No.755); section 30 has been amended by S.I. 2013/1036.
f4: 2017 c. 20.