C1C2C3C4Part II Code to have effect where Apparatus is Affected by Road, Bridge or Transport Works
Pt. II applied by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 Pt. I para. 1, Sch. 7 Pt. VI para. 2
Pt. II (ss. 21–25) applied (E.W.) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 19, 39
Pt. II (ss. 21-25) extended (16.3.1992) by Midland Metro Act 1992 (c. vii), s. 8(3).
Transition to the code in this Part of this Act and exclusion of other regulative provisions
24 Time for taking effect of the code in this Part, and exclusion of other statutory provisions.
1
The code in this Part of this Act shall have effect, in such a case as is mentioned in subsection (1) of section twenty-one of this Act, if the authority’s works were substantially begun after, but not if they were so begun before, the following time, that is to say—
a
the expiration of six months from the passing of this Act unless some corresponding enactment within the meaning of this section, being special legislation making provision in respect of that case, was then in force; or
C5b
such time, not being earlier than the expiration of six months from the passing of this Act, as the Minister may by order appoint (if the preceding paragraph does not apply by reason of there being some such corresponding enactment as therein mentioned in force at the expiration of the said six months).
The references in this section to a corresponding enactment are to any enactment in so far as it makes provision extending to any such case as is mentioned in subsection (1) of section twenty-one of this Act for regulating in any respect the relations between the promoting authority and the undertakers, whether by enabling the promoting authority to execute undertakers’ works in relation to apparatus affected by the authority’s works, by enabling them to require the undertakers to execute any such works, by rendering them liable for the expense of such works, or otherwise howsoever.
2
No corresponding enactment passed or made before the passing of this Act, and, unless the contrary intention appears therein, no corresponding enactment passed thereafter, whether being a public general enactment or a special enactment, shall have effect in a case in which the code in this Part of this Act is to have effect, and accordingly—
a
the provisions specified in the Fifth Schedule to this Act as being consequential on the said code (being provisions for the express modification of public general enactments therein specified in accordance with the preceding general provisions of this subsection) shall have effect as from the expiration of six months from the passing of this Act, so however that the said provisions of that Schedule shall not apply for the purposes of the operation of any of those enactments in relation to any authority’s works begun before the expiration of the said six months or for the purposes of the operation of any of those enactments as incorporated or applied in or by a special enactment in a case falling within paragraph (b) of the preceding subsection; and
b
paragraph 1 of the Sixth Schedule to this Act shall have effect as to making provision for the express modification, in accordance with the preceding general provisions of this subsection, of special enactments and of public general enactments for the purposes of their operation as incorporated or applied as aforesaid.
3
Paragraph 2 of the Sixth Schedule to this Act shall have effect as to certain protective provisions affected by the operation of subsections (1) and (2) of this section.
4
The power conferred on the Minister by paragraph (b) of subsection (1) of this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and different times may be appointed thereunder in relation to different cases, or cases in respect of which provision is made by different corresponding enactments or other different classes of cases.
25 Agreements inconsistent with the code in this Part to be invalid.
An agreement, whether made before or after the passing of this Act, which makes provision extending to such a case as is mentioned in subsection (1) of section twenty-one of this Act for regulating in any respect the relations between the promoting authority and the undertakers shall be of no effect in a case in which the code in this Part of this Act has effect, in so far as the effect of the agreement apart from this section would be inconsistent with any provision of that code:
Provided that this section shall not affect the operation of any agreement for the waiver or variation of a right conferred on any authority, body or person by the said code if the agreement is made after the right has accrued and is not inconsistent with the future operation of that code.
Pt. II extended (E.W.) by Highways Act 1980 (c. 66, SIF 59), s. 184(9)(14); extended with modifications (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 39(4)