Commentary on provisions of the Act Schedule 28: Local Acts London Overground Wires &c. Act 1939
Paragraph 2 disapplies the London Overground Wires etc Act 1933 and any byelaws made under it in respect of any wires erected or maintained as part of the Phase One works. The 1933 Act requires the prior consent of the relevant London borough council to the erection, placing or retention over or upon any street in the area of the borough of any wire and the Act gives London borough councils various powers to regulate the use of wires including the making of byelaws. There are a number of limited exceptions under section 17 of the 1933 Act for railway companies but as these are dependent upon the railway company owning or holding land for railway purposes, they would not apply as regards Phase One of High Speed 2 where the land acquisition powers are to be vested in the Secretary of State. A disapplication is therefore necessary.