Commentary on provisions of the Act Schedule 28: Local Acts West Midlands County Council Act 1980
Paragraph 4 disapplies certain provisions of the West Midlands County Council Act 1980 ("the 1980 Act") in relation to Phase One of High Speed 2 which apply to various local authority areas in the West Midlands.
	Paragraph 4(1) disapplies section 11 of the 1980 Act which enables a relevant highway authority to regulate the use of exterior floodlighting provided on buildings which may constitute a danger to the traffic on a street. In the case of Phase One of High Speed 2 it is intended that restrictions on the use of site lighting are to be included in the Code of Construction Practice ("CoCP") and the Environmental Minimum Requirements ("EMRs").
	Paragraph 4(2) disapplies section 15 of the 1980 Act which enables a relevant local authority to require persons carrying out building operations to take steps to minimise dust emissions. It is intended that dust emissions caused by works for Phase One of HS2 will be dealt with under the CoCP and the EMRs.
	Paragraph 4(3) disapplies section 16 of the 1980 Act which prohibits the use of air-powered tools or mobile air compressors in relation to certain works without an effective device for minimising noise. It is intended that noise from tools will be dealt with under the CoCP and the EMRs.
	Paragraph 4(4) disapplies section 21 of the 1980 Act which enables a relevant local authority to enforce their right of entry to carry out inspections under the Prevention of Damage by Pests Act 1949 by obtaining a warrant from a justice of the peace authorising entry on to the land by force if necessary.
	Paragraph 4(5) disapplies section 46 of the 1980 Act which requires a relevant local authority to reject plans deposited under building regulations unless the authority is satisfied that there will be adequate access for the fire brigade. Fire safety aspects relating to Phase One of High Speed 2 are to be dealt with in accordance with the applicable rail industry standards.
	Paragraph 4(6) disapplies Part 7 of the 1980 Act which enables a relevant local authority to impose and enforce requirements to regulate the storage on sites of stacks of certain flammable materials. There are exemptions for stacks stored in connection with the maintenance of Network Rail’s railway which would not apply in relation to Phase One of High Speed 2. In the case of Phase One of High Speed 2 it is intended that fire prevention on work sites will be dealt with under the CoCP and the EMRs.
	Paragraph 4(7) disapplies section 84 of the 1980 Act which enables a relevant local authority to require works which are erected in, under or over watercourses to be securely maintained. There is an exception for works belonging to Network Rail and used for the purposes of Network Rail’s undertaking. The disapplication under paragraph 4(7) is needed to give a similar exemption for Phase One of High Speed 2.