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Article 3 Construction work not to be treated as having drainage implications

England and Wales

(1)

Construction work which, but for this article would have drainage implications, is not to be treated as having drainage implications if it is carried out in the circumstances in paragraph (2).

(2)

The circumstances are where—

(a)

construction work is carried out by an internal drainage board in exercise of its functions under the Land Drainage Act 1991 M1;

(b)

construction work is carried out for the purpose of, or in connection with, the construction of—

(i)

a road for which the Welsh Ministers are the highway authority;

(ii)

a railway by Network Rail.

(3)

In this article—

  • “highway authority” (“awdurdod priffyrdd”) has the meaning given in section 1 of the Highways Act 1980 M2;

  • “internal drainage board” (“bwrdd draenio mewnol”) has the meaning given in section 1 of the Land Drainage Act 1991;

  • “Network Rail” means Network Rail Infrastructure Limited (Company No. 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN;

  • “railway” (“rheilffordd”) has the meaning given in section 67(1) of the Transport and Works Act 1992 M3.

Annotations

Marginal citations

M1

1991 c. 59.

M2

1980 c. 66. Functions of the Minister in so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (NAW) by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Functions of NAW are now exercisable by Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

M3

1992 c. 42.