High Speed Rail (London - West Midlands) Act 2017

Power to disapply provision made by paragraphs 1 and 2

3 (1) The Secretary of State may by order make any provision specified in sub-paragraph (2) in relation to any work constructed in exercise of the powers under this Act.

(2) The provision referred to in sub-paragraph (1) is—

(a) provision that paragraph 1(2) does not apply in relation to relevant works;

(b) provision that paragraph 1(3) does not apply in relation to land used for or in connection with the carrying out of relevant works;

(c) provision that paragraph 1(8)(a) and (b) do not apply in relation to relevant works;

(d) provision that paragraph 1(10) and (11) do not apply in relation to operations carried out in exercise of the powers under this Act which are, or are carried out in connection with, relevant works;

(e) provision that paragraph 1(12) does not apply in relation to use of a metal detector for the purposes of or in connection with relevant works;

(f) provision that paragraph 1(13) does not apply in relation to removal of objects discovered by any such use;

(g) provision that paragraph 2(1) does not apply in relation to land used, or intended for use, for or in connection with the carrying out of relevant works;

(h) provision that paragraph 2(3) does not apply in relation to land on which relevant works are being carried out.

(3) In this paragraph, “relevant works” means works which are—

(a) carried out in exercise of the powers under this Act for the maintenance or alteration of the work referred to in sub-paragraph (1), and

(b) begun on or after such day as may be specified in an order under that sub-paragraph.

(4) An order under sub-paragraph (1) may make different provision for different purposes.

(5) An order under sub-paragraph (1) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made.