Modifications etc. (not altering text)
C1Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2
C2Pt. 1 (ss. 1-46) modified (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 18(1)
C3Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)
C4Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7PPt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))
C5Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8
C6Pt. 1 (ss. 1-46) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 3
C7Pt. 1 (ss. 1-46) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 22 para. 1
C8Pt. 1 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 1(1)(a) (with Sch. 22 para. 1(2)(3))
[F3(1)Despite anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43), an information relating to [F4an offence under section 35 above] may be tried by a magistrates' court if it is laid at any time—
(a)within the period of two years beginning with the day on which the offence was committed, and
(b)within the period of six months beginning with the relevant date.
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In subsection (1)(b) above, “ the relevant date ” means the date on which evidence sufficient to justify the proceedings comes to the knowledge of the person commencing the proceedings.
(5)In the case of proceedings commenced by a local authority—
(a)evidence is to be regarded for the purposes of subsection (4) above as sufficient to justify the proceedings if in the opinion of the proper officer or an authorised officer it is sufficient to justify the proceedings, and
(b)a certificate of the proper officer or, as the case may be, that authorised officer as to the date on which evidence which, in his opinion, was sufficient to justify the proceedings came to the knowledge of the person commencing the proceedings is to be conclusive evidence of that fact.
F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]
Textual Amendments
F1S. 35A inserted (21.8.2006) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 13(1), 28(1)
F2Word in s. 35A repealed (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 317(2)(5), 325(1), Sch. 16; S.I. 2008/2358, art. 4(a)
F3S. 35A omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 31; S.I. 2023/993, reg. 2(n)(xi) (with reg. 7)
F4Words in s. 35A(1) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 317(3)(5), 325(1); S.I. 2008/2358, art. 4(a)
F5S. 35A(2) repealed (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 317(4)(5), 325(1), Sch. 16; S.I. 2008/2358, art. 4(a)
F6S. 35A(3) repealed (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 317(4)(5), 325(1), Sch. 16; S.I. 2008/2358, art. 4(a)
F7S. 35A(6) repealed (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 317(4)(5), 325(1), Sch. 16; S.I. 2008/2358, art. 4(a)