Article 55 Amendment of local legislationI1

England and Wales

(1)

Any statutory provision of local application and, in particular, the local enactments specified in Schedule 16 (amendment of local legislation), and any byelaws or other provisions made under any of those enactments, are hereby excluded and do not apply insofar as inconsistent with a provision of, or a power conferred by, this Order.

(2)

In particular, a power conferred by this Order may be exercised despite, and without having regard to, a provision made by or by virtue of a specified enactment, or any other statutory provision of local application, that—

(a)

requires or permits a specified road, path, passage, bridge, parapet, fence or other place or structure to be kept open or maintained generally or in a specified manner;

(b)

requires or permits the provision and maintenance of lights or other apparatus or structures generally or in a specified manner;

(c)

prohibits or restricts (or imposes conditions or penalties on or in relation to) the obstruction or removal of, or the causing of damage to, a specified place or structure (or class of places or structures);

(d)

prohibits or restricts (or imposes conditions on or in relation to) the erection of structures, or the undertaking of other works, in a specified place or structure (or class of places or structures);

(e)

permits or requires a specified place or structure to be closed;

(f)

makes provision about the conduct of persons using a specified walkway or other place or structure (or class of places or structures) whether by prohibiting or restricting movement (of persons, vehicles or animals) or otherwise;

(g)

specifies a minimum or maximum depth for, or otherwise restricts or imposes conditions in relation to, the laying of pipes or the carrying out of any other works;

(h)

prohibits the laying of pipes or the carrying out of any other works generally or without the consent of a specified person;

(i)

makes provision about the construction or maintenance of, or any other matter relating to, pipes, drains or other means of connecting with sewers; or

(j)

in any other way would or might apply in relation to anything done, or omitted to be done, in the exercise of a power conferred by this Order.

(3)

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 the power;

(b)

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

(c)

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.

(4)

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—

(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. 55 in force at 4.10.2024, see art. 1