PART 6

MISCELLANEOUS AND GENERAL

Amendment of local legislation
47
1
The local enactments specified in Part 1 of Schedule 16 (amendment of local legislation), and any byelaws or other provisions made under any of those enactments, and the local byelaws specified in Part 2 of that Schedule are hereby excluded and do not apply insofar as inconsistent with a provision of, or a power conferred by, this Order.
2
For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)—
a
it would make it an offence to take action, or not to take action, in pursuance of the power;
b
action taken in pursuance of the power would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken;
c
action taken in pursuance of a power or duty under the provision would or might interfere with the exercise of any work authorised by this Order.
3
Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out—
a
whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;
b
if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and
c
the extent of that exclusion.