The M42 Junction 6 Development Consent Order 2020

Amendment of local legislation E+W

50.—(1) The following local enactments, 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—

(a) Birmingham and Oxford Junction Railway Act 1846(1) sections XXIV and XXV;

(b) London and North Western Railway (Additional Powers) Act 1879(2) sections ix, xiv, xxxii and xxxv;

(c) London and North Western Railway Act 1880(3) section xviii and xix;

(d) London and North Western Railway Act 1893(4) (c. clxvi) section xxv;

(e) West Midlands County Council Act 1980(5) sections 6, 11 and 12;

(f) Midland Metro Act 1992(6) sections 3 to 9;

(g) Midland Metro (No 2) Act 1993(7) (c. vi) sections 3, 6 and 12;

(h) High Speed Rail (London – West Midlands) Act 2017(8).

(2) 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.

(3) Paragraphs (1) and (2) are subject to Schedule 12 (protective provisions).

(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 at any rate 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.

Commencement Information

I1 Art. 50 in force at 11.6.2020, see art. 1

(1)

1846 c. cccxxxvii.

(2)

1879 c. cxlii.

(3)

1880 c. cxlv.

(4)

1893 c. clxvi.

(5)

1980 c. xi.

(6)

1992 c. vii.

(7)

1993 c. vi.

(8)

2017 c. 7.