Search Legislation

Public Order Act 2023

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Public Order Act 2023, Section 6. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

6Obstruction etc of major transport worksE+W

This section has no associated Explanatory Notes

(1)A person commits an offence if the person—

(a)obstructs the undertaker or a person acting under the authority of the undertaker—

(i)in setting out the lines of any major transport works,

(ii)in constructing or maintaining any major transport works, or

(iii)in taking any steps that are reasonably necessary for the purposes of facilitating, or in connection with, the construction or maintenance of any major transport works, or

(b)interferes with, moves or removes any apparatus which—

(i)relates to the construction or maintenance of any major transport works, and

(ii)belongs to a person within subsection (5).

(2)It is a defence for a person charged with an offence under subsection (1) to prove that—

(a)they had a reasonable excuse for the act mentioned in paragraph (a) or (b) of that subsection, or

(b)the act mentioned in paragraph (a) or (b) of that subsection was done wholly or mainly in contemplation or furtherance of a trade dispute.

(3)A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both.

(4)In subsection (3)the maximum term for summary offences” means—

(a)if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, six months;

(b)if the offence is committed after that time, 51 weeks.

(5)The following persons are within this subsection—

(a)the undertaker;

(b)a person acting under the authority of the undertaker;

(c)a statutory undertaker;

(d)a person acting under the authority of a statutory undertaker.

(6)In this section “major transport works” means—

(a)works in England and Wales—

(i)relating to transport infrastructure, and

(ii)the construction of which is authorised directly by an Act of Parliament, or

(b)works the construction of which comprises development within subsection (7) that has been granted development consent by an order under section 114 of the Planning Act 2008.

(7)Development is within this subsection if—

(a)it is or forms part of a nationally significant infrastructure project within any of paragraphs (h) to (l) of section 14(1) of the Planning Act 2008,

(b)it is or forms part of a project (or proposed project) in the field of transport in relation to which a direction has been given under section 35(1) of that Act (directions in relation to projects of national significance) by the Secretary of State, or

(c)it is associated development in relation to development within paragraph (a) or (b).

(8)In this section “undertaker”—

(a)in relation to major transport works within subsection (6)(a), means a person who is authorised by or under the Act (whether as a result of being appointed the nominated undertaker for the purposes of the Act or otherwise) to construct or maintain any of the works;

(b)in relation to major transport works within subsection (6)(b), means a person who is constructing or maintaining any of the works (whether as a result of being the undertaker for the purposes of the order granting development consent or otherwise).

(9)In this section—

  • associated development” has the same meaning as in the Planning Act 2008 (see section 115 of that Act);

  • development” has the same meaning as in the Planning Act 2008 (see section 32 of that Act);

  • development consent” has the same meaning as in the Planning Act 2008 (see section 31 of that Act);

  • England” includes the English inshore region within the meaning of the Marine and Coastal Access Act 2009 (see section 322 of that Act);

  • maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly;

  • nationally significant infrastructure project” has the same meaning as in the Planning Act 2008 (see section 14(1) of that Act);

  • statutory undertaker” means a person who is, or who is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990;

  • trade dispute” has the same meaning as in Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992, except that section 218 of that Act is to be read as if—

    (a)

    it made provision corresponding to section 244(4) of that Act, and

    (b)

    in subsection (5), the definition of worker included any person falling within paragraph (b) of the definition of worker in section 244(5) of that Act;

  • Wales” includes the Welsh inshore region within the meaning of the Marine and Coastal Access Act 2009 (see section 322 of that Act).

(10)In section 14 of the Planning Act 2008 (nationally significant infrastructure projects), after subsection (3) insert—

(3A)An order under subsection (3)(a) may also amend section 6(7)(a) of the Public Order Act 2023 (obstruction etc of major transport works).

Modifications etc. (not altering text)

C1S. 6(7)(a): power to amend conferred (2.7.2023) by 2008 c. 29, s. 14(3A) (as inserted by Public Order Act 2023 (c. 15), ss. 6(10), 35(5); S.I. 2023/733, reg. 2(d))

Commencement Information

I1S. 6 in force at 2.7.2023 by S.I. 2023/733, reg. 2(d)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources