HS2 Ltd & SSfT v Persons Unknown & Ors
Approved Judgment:
(6) 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 (7) that has been granted development consent by an order under section 114 of the Planning Act 2008. (7) 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. Interference with use or operation of key national infrastructure (1) A person commits an offence if— (a) they do an act which interferes with the use or operation of any key national infrastructure in England and Wales, and (b) they intend that act to interfere with the use or operation of such infrastructure or are reckless as to whether it will do so. (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) of that subsection, or (b)the act mentioned in paragraph (a) of that subsection was done wholly or mainly in contemplation or furtherance of a trade dispute. (3)A person who commits an offence under subsection (1) is liable— (a)on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 12 months, to a fine or to both. (4) For the purposes of subsection (1) a person’s act interferes with the use or operation of key national infrastructure if it prevents the infrastructure from being used or operated to any extent for any of its intended purposes.
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