Public Order Act 2023

8 Key national infrastructure E+W

(1) This section has effect for the purposes of section 7.

(2) “Road transport infrastructure” means—

(a) a special road within the meaning of the Highways Act 1980 (see section 329(1) of that Act), or

(b) a road which, under the system for assigning identification numbers to roads administered by the Secretary of State or the Welsh Ministers, has for the time being been assigned a number prefixed by A or B.

(3) “Rail infrastructure” means infrastructure used for the purposes of railway services within the meaning of Part 1 of the Railways Act 1993 (see section 82 of that Act).

(4) In the application of section 82 of the Railways Act 1993 for the purposes of subsection (3) “railway” has the wider meaning given in section 81(2) of that Act.

(5) “Air transport infrastructure” means—

(a) an airport within the meaning of the Airports Act 1986 (see section 82(1) of that Act), or

(b) any infrastructure which—

(i) does not form part of an airport within the meaning of that Act, and

(ii) is used for the provision of air traffic services within the meaning of Part 1 of the Transport Act 2000 (see section 98 of that Act).

(6) “Harbour infrastructure” means a harbour within the meaning of the Harbours Act 1964 (see section 57(1) of that Act) which provides facilities for or in connection with—

(a) the embarking or disembarking of passengers who are carried in the course of a business, or

(b) the loading or unloading of cargo which is carried in the course of a business.

(7) “Downstream oil infrastructure” means infrastructure used for or in connection with any of the following activities—

(a) the refinement or other processing of crude oil or oil feedstocks;

(b) the storage of crude oil or crude oil-based fuel for onward distribution, other than storage by a person who supplies crude oil-based fuel to the public where the storage is for the purposes of such supply;

(c) the loading or unloading of crude oil or crude oil-based fuel for onward distribution, other than unloading to a person who supplies crude oil-based fuel to the public where the unloading is for the purposes of such supply;

(d) the carriage, by road, rail, sea or inland waterway, of crude oil or crude oil-based fuel for the purposes of onward distribution;

(e) the conveyance of crude oil or crude oil-based fuel by means of a pipe-line within the meaning of the Pipe-lines Act 1962 (see section 65 of that Act).

(8) “Downstream gas infrastructure” means infrastructure used for or in connection with any of the following activities—

(a) the processing of gas;

(b) the storage of gas for onward conveyance, other than storage by a person who supplies gas to the public otherwise than by means of a pipe-line where the storage is for the purposes of such supply;

(c) the import or export of liquid gas;

(d) the carriage, by road or rail, of gas for the purposes of onward distribution;

(e) the conveyance of gas by means of a pipe-line.

(9) In subsection (8)—

• “gas” has the same meaning as in section 12 of the Gas Act 1995;

• “pipe-line” has the same meaning as in the Pipe-lines Act 1962 (see section 65 of that Act).

(10) “Onshore oil and gas exploration and production infrastructure” means onshore infrastructure used for or in connection with—

(a) searching or boring for petroleum, or

(b) getting petroleum.

(11) In subsection (10)—

• “onshore infrastructure” means infrastructure situated on land (excluding land covered by the sea or any tidal waters);

• “petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998 (see section 1 of that Act).

(12) “Onshore electricity generation infrastructure” means onshore infrastructure—

(a) used for or in connection with the generation of electricity for the purpose of giving a supply to any premises or enabling a supply to be so given, and

(b) which has a total installed capacity equal to or greater than 100 megawatts.

(13) In subsection (12)—

• “onshore infrastructure” means infrastructure situated on land (excluding land covered by the sea or any tidal waters);

• “supply”, in relation to electricity, has the same meaning as in Part 1 of the Electricity Act 1989 (see section 4(4) of that Act).

(14) “Newspaper printing infrastructure” means infrastructure the primary purpose of which is the printing of one or more national or local newspapers.

(15) In subsection (14)—

• “local newspaper” means a newspaper which is published at least fortnightly and is in circulation in a part of England and Wales;

• “national newspaper” means a newspaper which is published at least fortnightly and is in circulation in England, in Wales or in both;

• “newspaper” includes a periodical or magazine.

Commencement Information

I1 S. 8 not in force at Royal Assent, see s. 35(5)

I2 S. 8 in force at 3.5.2023 by S.I. 2023/502, reg. 2(d)