OpenLegislation

Paragraph 321 Compliance with requirements, etc. applying to the protected landI1

England, Wales and Scotland As made

(1)

Subject to sub-paragraph (2), in undertaking any works in relation to the protected land or exercising any rights relating to or affecting owners of the protected land, the undertaker must comply with such conditions, requirements or regulations relating to health, safety, security and welfare as are operated in relation to access to or activities in the protected land.

(2)

The undertaker is not bound by any condition, requirement or regulation that is—

(a)

introduced after the date on which notice of the works was given under paragraph 312; or

(b)

determined by arbitration following a determination under paragraph 330 to unreasonably—

(i)

create significant engineering, technical or programming difficulties; or

(ii)

materially increase the cost of carrying out the works.

(3)

Sub-paragraph (2) does not apply if the condition, requirement or regulation was introduced by way of legislation, direction or policy of the government, a relevant government agency, a local authority (exercising its public functions) or the police.

Annotations

Commencement

I1

Sch. 12 para. 321 in force at 11.3.2024, see art. 1