Moved by
Baroness Williams of Trafford
151: After Clause 62, insert the following new Clause—
“Obstruction etc of major transport works
(1) A person commits an offence if the person—
(a) obstructs the undertaker or a person acting under the authority of the undertaker—
(i) in setting out the lines of any major transport works,
(ii) in constructing or maintaining any major transport works, or
(iii) in taking any steps that are reasonably necessary for the purposes of facilitating, or in connection with, the construction or maintenance of any major transport works, or
(b) interferes with, moves or removes any apparatus which—
(i) relates to the construction or maintenance of any major transport works, and
(ii) belongs to the undertaker, to a person acting under the authority of the undertaker, to a statutory undertaker or to a person acting under the authority of a statutory undertaker.
(2) It is a defence for a person charged with an offence under subsection (1) to prove that—
(a) they had a reasonable excuse for the act mentioned in paragraph (a) or (b) of that subsection, or
(b) the act mentioned in paragraph (a) or (b) of that subsection was done wholly or mainly in contemplation or furtherance of a trade dispute.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
(4) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (3) to 51 weeks is to be read as a reference to 6 months.
(5) In this section “major transport works” means—
(a) works in England and Wales—
(i) relating to transport infrastructure, and
(ii) the construction of which is authorised directly by an Act of Parliament, or
(b) works the construction of which comprises development within subsection (6) that has been granted development consent by an order under section 114 of the Planning Act 2008.
(6) Development is within this subsection if—
(a) it is or forms part of a nationally significant infrastructure project within any of paragraphs (h) to (l) of section 14(1) of the Planning Act 2008,
(b) it is or forms part of a project (or proposed project) in the field of transport in relation to which a direction has been given under section 35(1) of that Act (directions in relation to projects of national significance) by the Secretary of State, or
(c) it is associated development in relation to development within paragraph (a) or (b).
(7) In this section “undertaker”—
(a) in relation to major transport works within subsection (5)(a), means a person who is authorised by or under the Act (whether as a result of being appointed the nominated undertaker for the purposes of the Act or otherwise) to construct or maintain any of the works;
(b) in relation to major transport works within subsection (5)(b), means a person who is constructing or maintaining any of the works (whether as a result of being the undertaker for the purposes of the order granting development consent or otherwise).
(8) In this section—
“associated development” has the same meaning as in the Planning Act 2008 (see section 115 of that Act);
“development” has the same meaning as in the Planning Act 2008 (see section 32 of that Act);
“development consent” has the same meaning as in the Planning Act 2008 (see section 31 of that Act);
“England” includes the English inshore region within the meaning of the Marine and Coastal Access Act 2009 (see section 322 of that Act);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly;
“nationally significant infrastructure project” has the same meaning as in the Planning Act 2008 (see section 14(1) of that Act);
“statutory undertaker” means a person who is, or who is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990;
“trade dispute” has the same meaning as in Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992, except that section 218 of that Act is to be read as if—
(a) it made provision corresponding to section 244(4) of that Act, and
(b) in subsection (5), the definition of worker included any person falling within paragraph (b) of the definition of worker in section 244(5) of that Act;
“Wales” includes the Welsh inshore region within the meaning of the Marine and Coastal Access Act 2009 (see section 322 of that Act).
(9) In section 14 of the Planning Act 2008 (nationally significant infrastructure projects), after subsection (3) insert—
“(3A) An order under subsection (3)(a) may also amend section (Obstruction etc of major transport works) (6)(a) of the Police, Crime, Sentencing and Courts Act 2021 (obstruction etc of major transport works).””
Member’s explanatory statement
This amendment contains a new offence of obstructing the construction or maintenance of major transport works. These are transport works that are authorised directly by an Act of Parliament or by certain development consent orders under the Planning Act 2008.