Part 1: Public Order Section 6: Obstruction etc of major transport works
Subsection (1) provides that a person commits an offence if the person (a) obstructs a relevant undertaker or person acting under the undertaker’s authority in setting out the lines of any major transport work, in constructing or maintaining any major transport works, or 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 relates to the construction or maintenance of any major transport works and belongs to a person within subsection (5).
	Subsection (2) provides for a reasonable excuse defence, and a defence if the act was done wholly or mainly in contemplation or furtherance of a trade dispute. The burden of proof is placed on the defendant as the facts as to whether they have a reasonable excuse will be within their knowledge. The prosecution will still need to have proved all the elements of the offence to the criminal standard of proof. Although not explicitly set out, the standard to which the defendant will be required to prove the defence is the balance of probabilities.
	Subsections (3) and (4) provide for the maximum penalty for the offence, namely six months imprisonment (rising to 51 weeks once section 281(5) of the Criminal Justice Act 2003 has been brought into force), an unlimited fine, or to both.
	Subsection (5) sets out the persons to whom apparatus may belong for the purposes of subsection (1)(b): the undertaker, statutory undertaker, or a person acting under their authority.
	Subsection (6) defines "major transport works". The definition is in two parts. First, under (6)(a), it covers transport infrastructure authorised by an Act of Parliament, for example, the High Speed Rail (London – West Midlands) Act 2017 and the High Speed Rail (West Midlands - Crewe) Act 2021 which provide the legislative authority for the construction of the first and second phases of HS2 from London to the West Midlands and Crewe. The second part of the definition, at (6)(b), relates to transport works granted development consent by an order made under section 114 of Planning Act 2008. Development consent orders cover nationally significant infrastructure projects, including new airports, airport extensions and major road projects.
	Subsection (7) explains what type of development is within subsection (6)(b). The types of development are threefold:
developments that are, or form part of a nationally significant infrastructure project within any of paragraphs (h) to (l) of section 14(1) of the Planning Act 2008, namely a highway-related development; an airport-related development; the construction or alteration of harbour facilities; the construction or alteration of a railway; or the construction or alteration of a rail freight interchange.
developments that are, or form part of, a project (or proposed project) in the field of transport to which the Secretary of State has given a direction under section 35(1) of the Planning Act 2008, for example the new railway works between Bedford and Cambridge ( East West Rail Company - Planning Act 2008 direction (publishing.service.gov.uk)  ).
associated developments in relation to developments within paragraphs (a) and (b) above.
	Subsections (8) and (9) defines terms used in this section, including "statutory undertaker".
	Subsection (10) amends section 14 of the Planning Act 2008. Section 14(1) of the Planning Act 2008 lists the categories of project which are "nationally significant infrastructure projects" for the purposes of the Act and section 14(3) enables the Secretary of State to make an order which amends the categories of nationally significant infrastructure project. Subsection (10) inserts a new subsection (3A) in section 14 of the Planning Act 2008 which enables an order made under section 14(3) to make consequential amendments to subsection (6)(a) of this section.