Transport and Works Act 1992

• (3) In section 25(1) (regulation of conduct of passengers) after the words “public service vehicles” there shall be inserted the words “ or tramcars ”, and after the words “public service vehicle” wherever they occur there shall be inserted the words “ or tramcar ”.

• (4) In section 27(1) (returns to be provided by persons operating public service vehicles) after the words “public service vehicles” there shall be inserted the words “ or tramcars ”.

• (5) In section 60(1) (general power to make regulations)—

• (a) at the end of paragraph (j) (carriage of luggage and goods on public service vehicles) there shall be added the words “ or tramcars ”;

• (b) in paragraph (k) (custody of property left on a public service vehicle) after the word “vehicle” there shall be inserted the words “ or tramcar ”.

• (6) After subsection (1A) of section 60 there shall be inserted—

(1B) Regulations made under any provision of this Act and applying to tramcars may amend or exclude any provision of an Act or instrument of local application whose subject-matter is the same as that of the regulations.

Exclusion of hackney carriage legislation

62

• (1) In section 4 of the Metropolitan Public Carriage Act 1869 (interpretation) in the definition of “hackney carriage”, for the words “not a stage carriage” there shall be substituted the words “ neither a stage carriage nor a tramcar ”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 80 of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation) in subsection (1) in the definition of “private hire vehicle”, after the words “London cab” there shall be inserted the words “ or tramcar ”.

Harbours

Harbours

63

• (1) The Harbours Act 1964 shall have effect with the amendments set out in Schedule 3 to this Act.

• (2) In section 37 of the Docks and Harbours Act 1966 (which gives to harbour authorities powers to acquire harbour businesses, and to subscribe for or acquire securities of bodies engaged, or to be engaged, in harbour businesses)—

• (a) in subsection (1), for the words “harbour operations” and the words “such operations” there shall be substituted the words “ activities relating to harbours ”;

• (b) in subsection (2), for the words “harbour operations” there shall be substituted the words “ activities relating to harbours ”;

• (c) after subsection (2) there shall be inserted—

(2A) Nothing in subsection (2) above shall be construed as authorising a harbour authority to delegate to another body any function that it could not delegate apart from that subsection.

• (d) subsection (3) shall be omitted.

• (3) In section 35 of the Coast Protection Act 1949 (which excepts certain operations from the requirement to obtain the Secretary of State’s consent under section 34) in subsection (1) there shall be added after paragraph (h)—

(i) any operations authorised by an order under section 14 or 16 of the Harbours Act 1964.

Miscellaneous

Maintenance of footpaths and bridleways

64

• (1) Section 36 of the Highways Act 1980 (highways maintainable at public expense) shall be amended as follows.

• (2) In subsection (2), at the end of paragraph (c), the word “and” shall be omitted.

• (3) After paragraph (d) of subsection (2), there shall be added—

(e) a highway, being a footpath or bridleway, created in consequence of a rail crossing diversion order, or of an order made under section 14 or 16 of the Harbours Act 1964, or of an order made under section 1 or 3 of the Transport and Works Act 1992.

• (4) After subsection (3) there shall be inserted—

(3A) Paragraph (e) of subsection (2) above shall not apply to a footpath or bridleway, or to any part of a footpath or bridleway, which by virtue of an order of a kind referred to in that subsection is maintainable otherwise than at the public expense.

Certain enactments to cease to have effect

65

• (1) The following enactments shall cease to have effect—

• (a) the General Pier and Harbour Act 1861;

• (b) in the Tramways Act 1870—

section 3 (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),

sections 4 to 21,

sections 22 to 24 (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),

in section 25, the words from the beginning to “surface of the road” (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),

in section 25, the words “and shall not be opened” onwards,

sections 26 to 40 (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),

sections 41 and 42,

sections 43 to 47 (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),

section 48,

sections 49 to 64 (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),

Parts I and II of Schedule A (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order),

Part III of Schedule A,

Schedule B, and

Schedule C (except as incorporated in, or otherwise applied by, any Act of Parliament or Provisional Order);

• (c) the Military Tramways Act 1887;

• (d) the Railways (Electrical Power) Act 1903;

• (e) the Fishery Harbours Act 1915;

• (f) section 220(1)(a) of the Insolvency Act 1986.

• (2) In the Coast Protection Act 1949, in sections 2(8)(a) and 17(8)(b), for the words “to which the Fishery Harbours Act 1915 applies” there shall be substituted the words “which is a fishery harbour for the purposes of section 21 of the Sea Fish Industry Act 1951”.

General

Service of notices

66

• (1) A notice or other document required or authorised to be served for the purposes of this Act may be served by post.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Act is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this section, the proper address of any person in relation to the service on him of a notice or document under subsection (1) above is, if he has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;

• (b) in any other case, his last known address at the time of service.

• (4) Where for the purposes of this Act a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable inquiry, the notice may be served by—

• (a) addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on the land.

• (5) This section shall not be taken to exclude the employment of any method of service not expressly provided for by it.

• (6) This section shall not apply to anything required or authorised to be served under section 35 above.

Interpretation

67

• (1) In this Act, except where the context otherwise requires—

• “carriageway” has the same meaning as in the Highways Act 1980, or in Scotland the Roads (Scotland) Act 1984;

• “guided transport” means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way);

• “inland waterway” includes both natural and artificial waterways, and waterways within parts of the sea that are in Great Britain, but not any waterway managed or maintained by a person who is a harbour authority (within the meaning of the Harbours Act 1964) in relation to the waterway;

• “operator”, in relation to a transport system, means any person carrying on an undertaking which includes the system or any part of it or the provision of transport services on the system;

• “railway” means a system of transport employing parallel rails which—provide support and guidance for vehicles carried on flanged wheels, andform a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level),but does not include a tramway;

• “street” means—in England and Wales, a street within the meaning of section 48 of the New Roads and Street Works Act 1991, together with land on the verge of a street or between two carriageways;in Scotland, a road within the meaning of section 107 of the New Roads and Street Works Act 1991, together with land on the verge of a road or between two carriageways;

• “tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which—provide support and guidance for vehicles carried on flanged wheels, andare laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);

• “trolley vehicle system” means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles);

• “vehicle” includes mobile traction unit.

• (2) References in this Act to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.

Repeals

68

• (1) The enactments mentioned in Schedule 4 to this Act (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule.

• (2) The repeal by this Act of the Notice of Accidents Act 1894 shall not affect section 75 of the Civil Aviation Act 1982 (by virtue of which regulations may include provisions applying section 3 of the 1894 Act).

Expenses

69

There shall be paid out of money provided by Parliament—

• (a) any expenses incurred by the Secretary of State under this Act, and

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

Commencement

70

• (1) The preceding sections of, and the Schedules to, this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different purposes.

• (2) An order under subsection (1) above may include such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient.

Extent

71

This Act shall not extend to Northern Ireland.

Short title

72

This Act may be cited as the Transport and Works Act 1992.

SCHEDULE 1

1

The construction, alteration, repair, maintenance, demolition and removal of railways, tramways, trolley vehicle systems and other transport systems within section 1(1) of this Act, waterways, roads, watercourses, buildings and other structures.

2

The carrying out of any other civil engineering or other works.

3

The acquisition of land, whether compulsorily or by agreement.

4

The creation and extinguishment of rights over land (including rights of navigation over water), whether compulsorily or by agreement.

5

The abrogation and modification of agreements relating to land.

6

The conferring on persons providing transport services of rights to use systems belonging to others.

7

The protection of the property or interests of any person.

8

The imposition and exclusion of obligations or of liability in respect of any acts or omissions.

9

The making of agreements to secure the provision of police services.

10

The carrying out of surveys and the taking of soil samples.

11

The payment of compensation.

12

The charging of tolls, fares (including penalty fares) and other charges, and the creation of summary offences in connection with non-payment (or in connection with a person’s failure to give his name or address in accordance with provisions relating to penalty fares).

13

The making of byelaws by any person and their enforcement, including the creation of summary offences.

14

The payment of rates.

15

The transfer, leasing, discontinuance and revival of undertakings.

16

The submission of disputes to arbitration.

17

The imposition of requirements to obtain the consent of the Secretary of State.

SCHEDULE 2

1

The Highways Act 1980 shall be amended as follows.

2

• (1) Section 118 (stopping up of footpaths and bridleways) shall be amended as follows.

• (2) In subsection (5), for—

• (a) the words “or public path diversion order made under section 119 below”, and

• (b) the words “or the public path diversion order”,

there shall be substituted the words “ , public path diversion order or rail crossing diversion order ”.

• (3) In subsection (7), for “119” there shall be substituted “ 118A ”.

3

After section 118 there shall be inserted—

(118A) (1) This section applies where it appears to a council expedient in the interests of the safety of members of the public using it or likely to use it that a footpath or bridleway in their area which crosses a railway, otherwise than by tunnel or bridge, should be stopped up. (2) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the path or way— (a) on the crossing itself, and (b) for so much of its length as they deem expedient from the crossing to its intersection with another highway over which there subsists a like right of way (whether or not other rights of way also subsist over it). (3) An order under this section is referred to in this Act as a “rail crossing extinguishment order”. (4) The Secretary of State shall not confirm a rail crossing extinguishment order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular to— (a) whether it is reasonably practicable to make the crossing safe for use by the public, and (b) what arrangements have been made for ensuring that, if the order is confirmed, any appropriate barriers and signs are erected and maintained. (5) Before determining to make a rail crossing extinguishment order on the representations of the operator of the railway crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any expenses which the council may incur in connection with the erection or maintenance of barriers and signs. (6) A rail crossing extinguishment order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed, defining the land over which the public right of way is thereby extinguished. (7) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of rail crossing extinguishment orders. (8) In this section— - “operator”, in relation to a railway, means any person carrying on an undertaking which includes maintaining the permanent way; - “railway” includes tramway but does not include any part of a system where rails are laid along a carriageway.

4

After section 119 (diversion of footpaths and bridleways) there shall be inserted—

(119A) (1) This section applies where it appears to a council expedient in the interests of the safety of members of the public using it or likely to use it that a footpath or bridleway in their area which crosses a railway, otherwise than by tunnel or bridge, should be diverted (whether on to land of the same or of another owner, lessee or occupier). (2) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order— (a) create, as from such date as may be specified in the order, any such new path or way as appears to the council requisite for effecting the diversion, and (b) extinguish, as from such date as may be so specified, the public right of way over the crossing and over so much of the path or way of which the crossing forms part as appears to the council requisite as aforesaid. (3) An order under this section is referred to in this Act as a “rail crossing diversion order”. (4) The Secretary of State shall not confirm a rail crossing diversion order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular to— (a) whether it is reasonably practicable to make the crossing safe for use by the public, and (b) what arrangements have been made for ensuring that, if the order is confirmed, any appropriate barriers and signs are erected and maintained. (5) A rail crossing diversion order shall not alter a point of termination of a path or way diverted under the order— (a) if that point is not on a highway over which there subsists a like right of way (whether or not other rights of way also subsist over it), or (b) (where it is on such a highway) otherwise than to another point which is on the same highway, or another such highway connected with it. (6) A rail crossing diversion order may make provision requiring the operator of the railway to maintain all or part of the footpath or bridleway created by the order. (7) Where it appears to the council that work requires to be done to provide necessary facilities for the convenient exercise of any such new right of way as is mentioned in subsection (2)(a) above, the date specified under subsection (2)(b) shall be later than the date specified under subsection (2)(a) by such time as appears to the council requisite for enabling the work to be carried out. (8) Before determining to make a rail crossing diversion order on the representations of the operator of the railway crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards,— (a) any compensation which may become payable under section 28 above as applied by section 121(2) below; (b) any expenses which the council may incur in connection with the erection or maintenance of barriers and signs; (c) where the council are the highway authority for the path or way in question, any expenses which they may incur in bringing the new site of the path or way into fit condition for use by the public; (d) where the council are not the highway authority, any expenses which may become recoverable from them by the highway authority under the provisions of section 27(2) above as applied by subsection (11) below. (9) A rail crossing diversion order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed— (a) showing the existing site of so much of the line of the path or way as is to be diverted by the order and the new site to which it is to be diverted, (b) indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a footpath or bridleway, and (c) where some part of the new site is already so comprised, defining that part. (10) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of rail crossing diversion orders. (11) Section 27 above (making up of new footpaths and bridleways) applies to a footpath or bridleway created by a rail crossing diversion order with the substitution, for references to a public path creation order, of references to a rail crossing diversion order and, for references to section 26(2) above, of references to section 120(3) below. (12) In this section and in section 120 below— - “operator”, in relation to a railway, means any person carrying on an undertaking which includes maintaining the permanent way; - “railway” includes tramway but does not include any part of a system where rails are laid along a carriageway.

5

• (1) Section 120 (exercise of powers of making public path extinguishment and diversion orders) shall be amended as follows.

• (2) In subsection (1), for the words “and 119” there shall be substituted the words “ to 119A ”.

• (3) In subsection (2), for the words from “public path extinguishment” to “and 119” there shall be substituted the words “ orders under sections 118 to 119A ”.

• (4) In subsection (3)—

• (a) after “118(1)” there shall be inserted “ or 118A(1) or 119A(1) ”;

• (b) after the words “stopped up” there shall be inserted the words “ or diverted ”;

• (c) after the words “extinguishment order” there shall be added the words “ , a rail crossing extinguishment order, a rail crossing diversion order ”;

• (d) for the words “and 119” there shall be substituted the words “ to 119A ”;

• (e) after the word “consultation” there shall be inserted the words “ (subject to subsection (3A) below) ”.

• (5) After subsection (3) there shall be inserted—

(3A) Where— (a) the operator of a railway makes a request to a council to make an order under section 118A or 119A above in respect of a crossing over the railway, (b) the request is in such form and gives such particulars as are prescribed by regulations made by the Secretary of State, and (c) the council have neither confirmed the order nor submitted it to the Secretary of State within 6 months of receiving the request, the power conferred on the Secretary of State by subsection (3) above may be exercised without consultation with the council.

• (6) In subsection (4), after the words “public path diversion order” there shall be inserted the words “ or a rail crossing diversion order ”.

• (7) In subsection (5)—

• (a) for the words “he may require the owner, lessee or occupier” there shall be substituted the words “ or, on the representations of the operator of the railway concerned, a rail crossing diversion order, he may require the person ”;

• (b) for the words “for the owner, lessee or occupier” there shall be substituted the words “ for that person ”;

• (c) after “119(5)” there shall be inserted the words “ , or as the case may be 119A(8), ”.

6

• (1) Section 121 (supplementary provisions) shall be amended as follows.

• (2) In subsection (1)—

• (a) for the words “or a public path diversion order” there shall be substituted the words “ , a rail crossing extinguishment order, a public path diversion order or a rail crossing diversion order ”;

• (b) after the words “and a public path diversion order” there shall be added the words “ or a rail crossing diversion order ”.

• (3) In subsection (2), for the words “and to public path diversion orders” there shall be substituted the words “ , rail crossing extinguishment orders, public path diversion orders and rail crossing diversion orders ”.

• (4) In subsection (3), for the words “and public path diversion orders” there shall be substituted the words “ , rail crossing extinguishment orders, public path diversion orders and rail crossing diversion orders ”.

• (5) In subsection (4), for the words “or a public path diversion order” there shall be substituted the words “ , a rail crossing extinguishment order, a public path diversion order or a rail crossing diversion order ”.

7

In section 293 (powers of entry for purposes connected with certain orders relating to footpaths and bridleways) in subsection (1) for the words “or a public path diversion order” there shall be substituted the words “ , a rail crossing extinguishment order, a public path diversion order or a rail crossing diversion order ”.

8

In section 325 (provisions as to regulations, schemes and orders) in subsection (2)(a), after the word “section”, there shall be inserted the words “ 120(3A) or ”.

9

In section 329(1) (interpretation) after the definition of “rack rent” there shall be inserted—

“rail crossing diversion order” means an order under section 119A above; “rail crossing extinguishment order” means an order under section 118A above;.

10

• (1) Schedule 6 shall be amended as follows.

• (2) In paragraph 1—

• (a) in sub-paragraphs (1) and (2) for the words “or a public path diversion order” there shall be substituted the words “ , a rail crossing extinguishment order, a public path diversion order or a rail crossing diversion order ”;

• (b) in sub-paragraph (3A) for the words “and public path diversion orders” there shall be substituted the words “ , rail crossing extinguishment orders, public path diversion orders and rail crossing diversion orders ”;

• (c) in sub-paragraph (3B) for the words “and draft public path diversion orders” there shall be substituted the words “ , draft rail crossing extinguishment orders, draft public path diversion orders and draft rail crossing diversion orders ”.

• (3) In paragraph 2A(1), after the words “shall, except in” there shall be inserted the words “ the case of a rail crossing extinguishment order, the case of a rail crossing diversion order and ”.

• (4) In paragraph 3(2)—

• (a) after the words “public path extinguishment order” there shall be inserted the words “ or a rail crossing extinguishment order ”;

• (b) for the words “or a public path diversion order” there shall be substituted the words “ , a public path diversion order or a rail crossing diversion order ”.

SCHEDULE 3

1

• (1) Section 14 (harbour revision orders) shall be amended as follows.

• (2) In subsection (2)(b) at the end there shall be added the words “ or in the interests of the recreational use of sea-going ships ”.

• (3) After subsection (2A) there shall be inserted—

(2B) Nothing in subsection (2)(b) of this section shall prevent the making of an order for facilitating— (a) the closing of part of the harbour, (b) a reduction in the facilities available in the harbour, or (c) the disposal of property not required for the purposes of the harbour, if the appropriate Minister is satisfied that the making of the order is desirable on grounds other than those specified in that subsection.

• (4) In subsection (3)—

• (a) for the words from “a provision” to “said objects” there shall be substituted the words “ any other provision of the order ”;

• (b) after the words “for the purposes of” there shall be inserted the words “ , or in connection with, ”;

• (c) for the words “repealing and amending” there shall be substituted the words “ excluding or modifying any provision of any Act or of any instrument made under any Act (including this Act) and for repealing ”.

• (5) After subsection (4) there shall be inserted—

(4A) Where two or more harbours are being improved, maintained or managed by the same harbour authority or by harbour authorities which are members of the same group, a harbour revision order may relate to more than one of the harbours; and for this purpose two authorities are members of the same group if one is a subsidiary (within the meaning of the Companies Act 1985) of the other or both are subsidiaries of another company (within the meaning of that Act).

• (6) In subsection (5), for the words “large-scale map” there shall be substituted the words “ map of a scale not less than 1:2500 ”.

• (7) After subsection (5) there shall be inserted—

(5A) Where a harbour revision order includes provision for extinguishing or diverting a public right of way over a footpath or bridleway, there must be annexed to the order a map of a scale not less than 1:2500 on which the path or way concerned, and in the case of a diversion the new path or way, are plainly delineated.

2

• (1) Section 16 (harbour empowerment orders) shall be amended as follows.

• (2) At the end of subsection (5) there shall be added the words “ or in the interests of the recreational use of sea-going ships ”.

• (3) In subsection (6), after the words “any other enactment” there shall be inserted the words “ and provisions for excluding or modifying any provision of any Act or of any instrument made under any Act (including this Act) ”.

• (4) In subsection (7), for the words “large-scale map” there shall be substituted the words “ map of a scale not less than 1:2500 ”.

• (5) After subsection (7) there shall be inserted—

(7A) Where a harbour empowerment order includes provision for extinguishing or diverting a public right of way over a footpath or bridleway, there must be annexed to the order a map of a scale not less than 1:2500 on which the path or way concerned, and in the case of a diversion the new path or way, are plainly delineated.

3

In section 17 (procedure for making harbour revision and empowerment orders) after subsection (2) there shall be inserted—

(2A) Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for extinguishing a public right of way over a footpath or bridleway unless he is satisfied— (a) that an alternative right of way has been or will be provided, or (b) that the provision of an alternative right of way is not required. (2B) Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for diverting a public right of way over a footpath or bridleway unless he is satisfied that the path or way will not be substantially less convenient to the public in consequence of the diversion.

4

In section 18 (harbour reorganisation schemes) in subsection (3), for the words “large-scale map” there shall be substituted the words “ map of a scale not less than 1:2500 ”.

5

• (1) Section 47 (provisions as to inquiries and hearings) shall be amended as follows.

• (2) After subsection (1) there shall be inserted—

(1A) The power to make an order as to costs under section 250(5) of the Local Government Act 1972 as applied by subsection (1) above shall be exercisable not only where the inquiry or hearing takes place but also where arrangements are made for it but it does not take place.

• (3) After subsection (2) there shall be inserted—

(2A) The power to make an award as to expenses under section 210(8) of the Local Government (Scotland) Act 1973 as applied by subsection (2) above shall be exercisable not only where the inquiry or hearing takes place but also where arrangements are made for it but it does not take place.

• (4) In subsection (3), for the words from “required by paragraph 4(3)” to “Schedule 4” there shall be substituted the words “ into an order subject to the provisions of paragraph 4B of Schedule 3 ”.

6

After section 48 (service of documents) there shall be inserted—

(48A) It shall be the duty of a harbour authority in formulating or considering any proposals relating to its functions under any enactment to have regard to— (a) the conservation of the natural beauty of the countryside and of flora, fauna and geological or physiographical features of special interest; (b) the desirability of preserving for the public any freedom of access to places of natural beauty; and (c) the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest; and to take into account any effect which the proposals may have on the natural beauty of the countryside, flora, fauna or any such feature or facility.

7

• (1) Section 57 (interpretation) shall be amended as follows.

• (2) After the definition of “the Boards” there shall be inserted— “ “bridleway” , in relation to England and Wales, has the same meaning as in the Highways Act 1980 and, in relation to Scotland, has the same meaning as in Part III of the Countryside (Scotland) Act 1967; ”.

• (3) After the definition of “fishery harbour” there shall be inserted— “ “footpath” , in relation to England and Wales, has the same meaning as in the Highways Act 1980 and, in relation to Scotland, has the same meaning as in the Roads (Scotland) Act 1984; ”.

8

Section 62 (saving for private Bills etc) shall be omitted.

9

• (1) Schedule 2 (objects for whose achievement harbour revision orders may be made) shall be amended as follows.

• (2) In paragraph 3(c) for the words from “out” to “others of” there shall be substituted the words “ on by others of activities relating to the harbour or of ”.

• (3) After paragraph 7 there shall be inserted—

(7A) Extinguishing or diverting public rights of way over footpaths or bridleways for the purposes of works described in the order or works ancillary to such works. (7B) Extinguishing public rights of navigation for the purposes of works described in the order or works ancillary to such works, or permitting interference with the enjoyment of such rights for the purposes of such works or for the purposes of works carried out by a person authorised by the authority to carry them out.

• (4) After paragraph 8 there shall be inserted—

(8A) Enabling the authority to close part of the harbour or to reduce the facilities available in the harbour.

• (5) After paragraph 9 there shall be inserted—

(9A) Empowering the authority (alone or with others) to develop land not required for the purposes of the harbour with a view to disposing of the land or of interests in it, and to acquire land by agreement for the purpose of developing it together with such land. (9B) Empowering the authority to delegate the performance of any of the functions of the authority except— (a) a duty imposed on the authority by or under any enactment; (b) the making of byelaws; (c) the levying of ship, passenger and goods dues; (d) the appointment of harbour, dock and pier masters; (e) the nomination of persons to act as constables; (f) functions relating to the laying down of buoys, the erection of lighthouses and the exhibition of lights, beacons and sea-marks, so far as those functions are exercisable for the purposes of the safety of navigation.

• (6) After paragraph 16 there shall be inserted—

(16A) Imposing or conferring on the authority duties or powers (including powers to make byelaws) for the conservation of the natural beauty of all or any part of the harbour or of any of the fauna, flora or geological or physiographical features in the harbour and all other natural features.

10

• (1) Schedule 3 (procedure for making harbour orders) shall be amended as follows.

• (2) After paragraph 1A there shall be inserted—

(1B) Such fees as may be determined by the Secretary of State shall be payable on the making of an application for a harbour revision order.

• (3) In paragraph 3, after sub-paragraph (b) there shall be inserted—

(ba) if provision is proposed to be included in the order extinguishing or diverting a public right of way over a footpath or bridleway, the applicant shall— (i) serve on every local authority for the area in which the path or way is situated a notice stating the effect of the provision, naming a place where a copy of the draft of the proposed order (and of any relevant map accompanying the application for the order) may be seen at all reasonable hours and stating that, if the local authority desire to make to the Secretary of State objection to the inclusion of the provision in the order, they should do so in writing (stating the grounds of their objection) before the expiration of the period of forty-two days from the date on which the notice is served on them; (ii) cause a copy of the notice to be displayed in a prominent position at the ends of so much of any path or way as would by virtue of the order cease to be subject to a public right of way; and for the purposes of this sub-paragraph, “local authority” means, in England and Wales, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, a parish or community council and a parish meeting of a parish not having a separate parish council and, in Scotland, a regional, islands or district council;

.

• (4) In paragraph 4A, in sub-paragraph (1) for the words “is opposed” there shall be substituted the words “ authorises the compulsory purchase of land ”, and for sub-paragraphs (2) to (4) there shall be substituted—

(2) Where this paragraph has effect in relation to an order, it shall be subject to special parliamentary procedure to the same extent as it would be, by virtue of section 18 or 19 of the Acquisition of Land Act 1981 (or by virtue of paragraph 5 or 6 of Schedule 3 to that Act) (National Trust land, commons etc), if the purchase were authorised by an order under section 2(1) of that Act.

• (5) For paragraph 4B there shall be substituted—

(4B) – (1) The provisions of this paragraph apply to— (a) a harbour revision order relating to a harbour in Scotland, or (b) a harbour empowerment order relating to a harbour or to works to be carried out in Scotland, where the order authorises the compulsory purchase of land. (2) Where this paragraph applies to an order, the order shall be subject to special parliamentary procedure to the same extent as it would be, by virtue of section 1(2)(b) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (land forming part of a common or open space or held inalienably by the National Trust for Scotland), if the purchase were authorised by an order under section 1(1) of that Act.

• (6) In paragraph 5(a), for the words from “to which” to “so affected” there shall be substituted the words “ which is not subject to special parliamentary procedure, ”.

• (7) Paragraphs 8A and 8B shall be omitted.

• (8) In paragraph 14(3), for the words “(b) and (c)” there shall be substituted the words “ (b) to (c) ”.

SCHEDULE 4

Part I — Railways and Tramways

Part II — Harbours

Orders as to railways, tramways etc.

6A

• (1) The power conferred on the Secretary of State by subsection (2) of section 6 above to make rules includes power to make rules for a case where an application has been made under that section and a Member State is affected by the project in question, as to–

• (a) the provision by the Secretary of State to the Member State, or to authorities in, or the public of, the Member State, of documents and information relating to the application;

• (b) consultation by the Secretary of State with the Member State in connection with the application; or

• (c) notification by the Secretary of State to the Member State of the decision, or of matters relating to the decision, on the application.

• (2) For the purposes of subsection (1) above, the cases where a Member State is affected by the project in question are those cases where–

• (a) it appears to the Secretary of State that the project would be likely to have significant effects on the environment in a Member State; or

• (b) a Member State is likely to be significantly affected by the project and requests information relating to the application.

• (3) “Member State”, in relation to any time, includes a State which is at that time a party to the EEA agreement.

Validity of orders under section 1 or 3.

Crown land.

Crown land.

31A

• (1) A constable may make a request to a medical or health care practitioner for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if—

• (a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 33) be entitled under section 31 to require the provision of a specimen of blood for a laboratory test;

• (b) it appears to that constable that that person has been involved in—

• (i) an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter; or

• (ii) a dangerous incident (within the meaning given by section 29(3)) that constitutes or is comprised in that matter or those circumstances;

• (c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and

• (d) it appears to that constable that that person’s incapacity is attributable to medical reasons.

• (2) A request under this section—

• (a) shall not be made to a medical or health care practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and

• (b) shall not be made to a practitioner other than a police medical or health care practitioner unless—

• (i) it is not reasonably practicable for the request to be made to a police medical or health care practitioner ; or

• (ii) it is not reasonably practicable for such a ... practitioner (assuming him to be willing to do so) to take the specimen.

• (3) It shall be lawful for a medical or health care practitioner to whom a request is made under this section, if he thinks fit—

• (a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and

• (b) to provide the sample to a constable.

• (4) If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—

• (a) has been informed that it was taken; and

• (b) has been required by a constable to give his permission for a laboratory test of the specimen; and

• (c) has given his permission.

• (5) A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission, may render him liable to prosecution.

• (6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence.

• (7) In this section—

• “medical or health care practitioner” means a medical practitioner or a registered health care professional;

• “police medical or health care practitioner” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force.

Orders under Transport Act 1968.

Harbours.

Maintenance of footpaths and bridleways.

Editorial notes

[^c8594641]: Act partly in force at Royal Assent. See s.70(1); Act partly in force (15.7.1992) by S.I. 1992/1347, art. 2, Sch.; Act partly in force (7.12.1992) by S.I. 1992/2043, art. 2, Sch.; Act partly in force (22.12.1992) by S.I. 1992/3144, art. 2, Sch.; Act partly in force (1.1.1993) by S.I. 1993/2784, art. 2, Sch.1; Act partly in force (31.1.1993) by S.I. 1992/3144, art. 2, Sch.; Act partly in force (5.4.1994) by S.I. 1994/718, art. 2, Sch.; Act partly in force (8.7.1996) by S.I. 1996/1609, art. 2, Sch. (with art. 3).

[^c8594651]: Act applied (with modifications) (4.6.1996) by S.I. 1996/1243, art. 18, Sch. 5 Pt. II, para. 7

[^c8594691]: Pt. I (ss. 1-25) wholly in force at 1.1.1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8594701]: S. 1 restricted (1.12.1998) by 1998 c. 38, s. 37(3); S.I. 1998/2789, art. 2

[^c8594711]: S. 1 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[^c8594721]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8594731]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8594741]: S. 3 restricted (1.12.1998) by 1998 c. 38, s. 37(3); S.I. 1998/2789, art. 2

[^c8594751]: S. 3 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[^c8594761]: 1964 c. 40.

[^c8594771]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8594781]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8594791]: 1968 c. 73.

[^c8594891]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8594901]: S. 6 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[^c8594911]: S. 6(2A) inserted (7.10.1998) by S.I. 1998/2226, art. 2(a)

[^c8594921]: Words in s. 6(3) inserted (7.10.1998) by S.I. 1998/2226, art. 2(b).

[^c8594991]: S. 6A inserted (7.10.1998) by S.I. 1998/2226, art. 3

[^c8595011]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595021]: S. 7(4) modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[^c8595031]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595041]: S. 8 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[^c8595071]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595081]: S. 10 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[^c8595131]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595141]: S. 11(4) modified (1.6.1993) by S.I. 1993/1119, reg. 4(2), Sch. 2 (as amended (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 32(4) (with arts. 4-6))

[^c8595151]: 1981 c. 67.

[^c8595161]: Words in s. 11(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I, para. 34(1) (with ss. 54(5), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

[^c8595171]: 1972 c. 70.

[^c8595181]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595201]: 1945 c. 18 (9 & 10 Geo. 6).

[^c8595211]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595301]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595311]: S. 14(3A-3D) inserted (1.8.1995) by S.I. 1995/1541, art. 2

[^c8595361]: Words in s. 14(7) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I, para. 34(2); S.I. 1996/396, art. 3, Sch. 1

[^c8595371]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595381]: S. 15 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[^c8595391]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595401]: 1990 c. 8.

[^c8595411]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595421]: 1990 c. 9.

[^c8595431]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595441]: 1990 c. 10.

[^c8595451]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595461]: 1949 c. 74.

[^c8595531]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595541]: S. 20 restricted (1.12.1998) by 1998 c. 38, s. 37(3); S.I. 1998/2789, art. 2

[^c8595571]: S. 20(4) inserted (3.7.2000) by 1999 c. 29, s. 168(1)(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[^c8595581]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595591]: 1962 c. 46.

[^c8595601]: 1984 c. 32.

[^c8595611]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595781]: Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595791]: 1971 c. 62.

[^c17273231]: Words in s. 23(10) substituted (25.11.2002) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626), art. 20, Sch. 2 para. 20(a)

[^c8595821]: 1967 c. 13.

[^c17273241]: S. 23(10)(a)(b) substituted (25.11.2002) for s. 23(10)(a) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626), art. 20, Sch. 2 para. 20(b)

[^c8595861]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8595871]: 1936 c. 52.

[^c8595881]: Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

[^c8594681]: Pt. I (ss. 1-25) wholly in force at 1.1.1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1

[^c8595901]: Pt. II ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8595911]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8595921]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8595931]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8595941]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8595961]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8595971]: Word in s. 31(4)(b) repealed (4.7.1996) (but with effect (1.4.1997) as mentioned in s. 63(3)) by 1996 c. 25, ss. 63(2)(3), 80, Sch. 5 para. 2 Table 5 (with s. 78(1)); S.I. 1997/682, art. 2

[^c8595981]: S. 31(4)(bb) inserted (4.7.1996) (but with effect (1.4.1997) as mentioned in s. 63(3)) by 1996 c. 25, ss. 63(2)(3) (with s. 78(1)); S.I. 1997/682, art. 2

[^c8595991]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8596001]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c17273561]: S. 33(1A)(2) substituted (1.10.2002) for s. 33(2) by Police Reform Act 2002 (c. 30), s. 58(5); S.I. 2002/2360, art. 2(d)(v)

[^c17273521]: S. 31A inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 58(4); S.I. 2002/2306, art. 2(d)(v)

[^c8596011]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c17273571]: Words in s. 34(1)(a) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 58(6); S.I. 2002/2306, art. 2(d)(v)

[^c17273581]: Words in s. 34(2)(a) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 58(7); S.I. 2002/2306, art. 2(d)(v)

[^c17273731]: S. 34(3A) inserted (1.10.2002) by virtue of Police Reform Act 2002 (c. 30), s. 58(8); S.I. 2002/2306, art. 2(d)(v)

[^c8596021]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8596031]: 1984 c. 30.

[^c8596041]: 1956 c. 30.

[^c8596051]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8596061]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8596071]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c17273631]: S. 38(2A)-(2C) inserted (1.10.2002 for specified purposes, 1.4.2003 in so far as not already in force) by Police Reform Act 2002 (c. 30), ss. 58(10), 108(2); S.I. 2002/2306, art. 4(d); S.I. 2003/808, art. 2(e)

[^c8596081]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).

[^c8596091]: 1988 c. 52.

[^c8595891]: Pt. II Ch. 1 (ss. 26-40) wholly in force at 7.12.1992 see s. 70 and S.I. 1992/2043, art. 2(a)

[^c8596121]: S. 41 wholly in force at 31. 1. 1993 see s. 70 and S.I. 1992/3144, art. 3, Sch.

[^c8596131]: Ss. 41-45: Power to repeal or modify conferred (2.2.1994) by 1993 c. 43, ss. 117(4)(m)(6), 150(1)(e); S.I. 1994/202, art. 2 Ss. 41-45 amended (2.4.1994) by 1993 c. 43, s. 117(1)(6),(with S.I. 1990/1380, arts 3,4); S.I. 1994/202, art. 2

[^c8596141]: S. 41: transfer of functions (in part) (10.5.1997) by S.I. 1997/553, reg. 10(1)(a)

[^c8596181]: S. 42 repealed (10.5.1997) by S.I. 1997/553, art. 12(1), Sch. Pt. I

[^c8596201]: S. 43 repealed (1.4.1996) by S.I. 1995/3163, reg. 14(1)

[^c8596231]: S. 44 repealed (1.4.1996) by S.I. 1995/3163, reg. 14(1)

[^c8596241]: S. 45 wholly in force at 15. 7. 1992 see s. 70 and S.I. 1992/1347, art. 2, Sch.

[^c8596251]: Ss. 41-45: Power to repeal or modify conferred (2.2.1994) by 1993 c. 43, ss. 117(4)(m)(6), 150(1)(e); S.I. 1994/202, art. 2 Ss. 41-45 amended (2.2.1994) by 1993 c. 43, s. 117(1)(6)(with S.I. 1990/1380, arts 3,4); S.I. 1994/202, art. 2

[^c8596261]: S. 45: transfer of powers (10.5.1997) by S.I. 1997/553, reg. 10(1)(a)

[^c8596271]: S. 46 wholly in force at 15. 7. 1992 see s. 70 and S.I. 1992/1347, art. 2, Sch.

[^c8596281]: S. 47 wholly in force; s. 47 not in force at Royal Assent see S. 70(1); s. 47(1) in force for certain purposes at 22. 12. 1992 by S.I. 1992/3144, art. 2; s. 47(1)(2) wholly in force at 31. 1. 1993 by S.I. 1992/3144, art. 3, Sch.

[^c8596291]: 1980 c. 66.

[^c8596321]: S. 48 wholly in force at 31. 1. 1993 see s. 70 and S.I. 1992/3144, art. 3, Sch.

[^c8596331]: 1980 c. 66.

[^c8596341]: S. 48: words inserted into definition (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 34(3) (with ss. 54(5), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3 Sch. 1

[^c8596351]: S. 49 wholly in force at 15. 7. 1992 see s. 70 and S.I. 1992/1347, art. 2, Sch.

[^c8596361]: 1845 c. 20.

[^c8596371]: 1845 c. 33.

[^c8596391]: S. 51 wholly in force at 31. 1. 1993 see s. 70 and S.I. 1992/3144, art. 3, Sch.

[^c8596401]: 1983 c. 16.

[^c8596421]: Words in s. 54(3)(b) inserted (20.5.1999) by S.I. 1999/1042, art. 4, Sch. 2 Pt. I para. 9

[^c8596431]: 1988 c. 36.

[^c8596441]: S. 57 wholly in force at 15. 7. 1992 see s. 70 and S.I. 1992/1347, art. 2, Sch.

[^c8596451]: Ss. 57, 58 amended (2.2.1994) by 1993 c. 43, s. 117(5)(6); S.I. 1994/202, art. 2

[^c8596461]: S. 58 wholly in force at 15. 7. 1992 see s. 70 and S.I. 1992/1347, art. 2, Sch.

[^c8596471]: Ss. 57, 58 amended (2.2.1994) by 1993 c. 43, s. 117(5)(6); S.I. 1994/202, art. 2

[^c8596481]: S. 59 wholly in force at 15. 7. 1992 see s. 70 and S.I. 1992/1347, art. 2, Sch.

[^c8596491]: S. 60 wholly in force at 15. 7. 1992 see s. 70 and S.I. 1992/1347, art. 2, Sch.

[^c8596501]: S. 61 wholly in force at 31. 1. 1993 see s. 70 and S.I. 1992/3144, art. 3, Sch.

[^c8596511]: 1981 c. 14.

[^c8596521]: 1869 c. 115.

[^c8596541]: 1976 c. 57.

[^c8596581]: S. 63 wholly in force at 15. 7. 1992 (subject to restrictions affecting certain Orders) see s. 70 and S.I. 1992/1347, arts. 2, 3, Sch.

[^c8596591]: 1964 c. 40.

[^c8596601]: 1966 c. 28.

[^c8596611]: 1949 c. 74.