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SCHEDULES

SCHEDULE 7BRIDGWATER TIDAL BARRIER BYELAWS

PART 1PRELIMINARY

Citation and Commencement

1.—(1) These byelaws may be cited as the Bridgwater Tidal Barrier Byelaws 2022 and are deemed to be made by the Environment Agency under article 51(1) (byelaws) of the Bridgwater Tidal Barrier Order 2022 and confirmed by the Secretary of State as provided for by article 51(5) of that Order.

(2) These byelaws come into force on practical completion of the Bridgwater Tidal Barrier.

Interpretation

2.—(1) In these byelaws unless the context otherwise requires—

the Agency” means the Environment Agency;

authorised person” means—

(a)

a person acting in the course of that person’s duties who—

(i)

is an employee, agent, contractor or sub-contractor of the Agency; or

(ii)

is authorised by the Agency;

(b)

a constable, Police Community Support Officer, an officer of the Health and Safety Executive, person authorised for the purposes of section 44 of the Fire and Rescue Services Act 2004(1) (powers of fire-fighters etc in an emergency etc) or a person accredited by or under section 41 of the Police Reform Act 2002(2) (accreditation under community safety accreditation schemes), acting in the execution of that person’s duties in the vicinity of the barrier;

the barrier” means the Bridgwater Tidal Barrier;

barrier infrastructure” means the barrier and infrastructure physically adjoining and surrounding the barrier including the platform, apron and cills;

barrier equipment” includes plant and machinery, and any emergency, safety or communications equipment used in connection with the operation of the barrier;

the Bridgwater Tidal Barrier” means the barrier constructed pursuant to the Bridgwater Tidal Barrier Order 2022 at a location adjacent to the western boundary of the existing business park known as Express Park situated to the north of Bridgwater, Somerset;

the byelaws” means these byelaws;

in the vicinity of the barrier” means the area shown edged red on The Bridgwater Tidal Barrier Byelaws Plan;

the foot and cycle bridge” means the foot and cycle bridge located immediately downstream of the barrier;

notice” includes a sign, signal and a digital or other display, and in appropriate circumstances, an audible announcement;

practical completion” means the date on which the construction and commissioning of the Bridgwater Tidal Barrier is complete so that the barrier can be operated for flood risk management purposes; and

vertical lift gate” means either one of the twin vertical lift gates comprised within the barrier.

(2) The Interpretation Act 1978(3) applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

(1)

2004 c. 21. Section 44 was amended by section 6 of the Emergency Workers (Obstruction) Act 2006 (c. 39).

(2)

2002 c. 30. Section 41 was amended by paragraph 42 of Schedule 14 to the Police and Justice Act 2006 (c. 48).