Orders under the Transport and Works Act 1992 (TWA 1992) are statutory instruments which can authorise guided transport schemes and certain other types of infrastructure project in England and Wales. Under TWA 1992, a promoter can apply to the Secretary of State (SoS) in England or the Welsh Ministers in Wales for an order (a TWA Order), which provides a range of powers to construct and operate a guided transport scheme, including compulsory purchase powers to acquire land and rights needed for the scheme. Types of scheme covered by TWA Orders TWA Orders can relate to the construction or operation of: • railways and tramways • trolley vehicle systems • externally guided buses, monorails and certain other types of guided transport • inland waterways, and • works that interfere with rights of navigation in waters up to the limits of the territorial sea, including bridges, piers, barrages, tunnels and offshore wind farms In 2022, following consultation, the government confirmed it would proceed with proposals to expand the application of TWA 1992 to provide a consenting

This Practice Note outlines some classes of documents performing the functions of both a document of title and a document under which goods are carried. Documents under which goods are carried, and those proving title to goods, are essential to the smooth running of international trade. By far the most important such document in international trade is the bill of lading, see Practice Note: Bills of lading and sea waybills. Documents of title Documents of title in international carriage and/or sales of goods often allow the holder to: • show themselves to be the owner • collect goods from a carrier The designation of a document as a ‘document of title’ applies the Hague-Visby Rules to the contract of carriage, by virtue of provisions of the Carriage of Goods by Sea Act 1971. Documents of title include, or may include, the following: • bills of lading • straight bills Bills of lading A bill of lading: • is

The Traffic Commissioners for Great Britain has updated the transport manager and good repute and fitness guidance. The transport managers guidance sets out the requirements for satisfying professional competence and the good repute and fitness guidance explains how the Senior Traffic Commissioner believes that traffic commissioners should interpret the law in relation to requirements to be of good repute or fitness.

What is the impact of Brexit on the UK nuclear sector? As of 31 January 2020 (exit day), the UK ceased to be an EU Member State. However, at this point in time, the UK entered a transition/implementation period during which it continued to be treated by the EU as a Member State for many purposes. The UK’s exit from the EU also meant the UK’s exit from the Euratom Community. 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. The UK’s exit from the EU also meant the UK’s exit from Euratom. Any changes relevant to this content will be set out below. Following IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) created a new category of domestic UK law—‘retained EU Law’ (REUL)—made up of EU-derived rights and legislation that were preserved in the UK following

ARCHIVED: This Practice Note has been archived and is not maintained. The UK transport sector covers a wide range of transport modes and related infrastructure including roads, tunnels and bridges, buses, heavy and light railways, aviation, and shipping. This Practice Note draws on several of these sub-sectors to highlight some key considerations for those contemplating the procurement of a transport project. Planning and procurement issues also need to be considered and are dealt with separately in our Practice Notes: • Transport project procurement—planning law considerations [Archived] • Transport project procurement—procurement law considerations [Archived] Project appraisal and scoping At the outset, correct appraisal and scoping of the project is crucial. This should include assessments of: • technical, legal and commercial viability • deliverability • affordability • value for money • ability to meet planning and environmental requirements Other factors to be assessed at an early stage include the correct treatment of the project for government accounting purposes and the procurement strategy. A large amount of guidance has been published

ARCHIVED: This Practice Note has been archived and is not maintained. The procurement of major transport projects will require the procuring authority to address a wide range of issues from the outset, including obtaining all required planning consents and permissions for the project. This Practice Note considers some of the issues likely to be encountered when addressing these challenges. Town and Country Planning and other approvals Land use consent will be required for the project to authorise its construction and operation. The use of related powers may also be necessary to: • compulsorily acquire land and rights to construct and operate the project • override existing rights which would allow third parties to block the project • alter existing highways, commons and waterways • authorise works to heritage assets (listed buildings, scheduled ancient monuments) • authorise activities such as tolling • impose byelaws and modify legislation The form of consent will depend on the desirability of having a single process for authorising all elements of the project

ARCHIVED: This Practice Note has been archived and is not maintained. The procurement of major transport projects will require the procuring authority to address a wide range of issues from the outset, including compliance with applicable procurement laws. This Practice Note highlights some key procurement considerations in transport projects. Brexit, and public procurement reform The current UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement [Archived]. For updates on reform of UK public procurement law see Practice Note: Public procurement reform—pre-PA 2023 [Archived]. Public procurement law The domestic public procurement regime rests on a series of sets of regulations, which implemented a series of EU public procurement directives in England, Wales and Northern Ireland, as follows: • the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 address contracts awarded by central government, local authorities and other public sector bodies.

This Practice Note includes a brief introduction to transport projects and sets out links to useful materials in relation to transport projects available from LexisNexis® and other external sources. Transport is a critical factor in economic and social development on a regional, national and international level. Projects in this sector typically involve major investment and complex infrastructure, and can often be long, challenging and particularly high value. Transport projects typically have to align local and/or national infrastructure policies and funding strategies with the commercial objectives and expectations of the private sector organisations who are also involved in the projects. Projects in the transport sector cover a broad range of transport modes and related infrastructure including: • roads—road widening, toll roads, smart motorways, safety improvements, congestion relief • rail (light and heavy)—station upgrades/enhancements, renewing and enhancing

Risk management for a transport project is the process of identifying, scrutinizing and taking steps to counter and mitigate risk factors that may arise throughout the life of the project. It focuses on risks that may materialise in each of the project's planning, implementation and operational phases. Risk management seeks to control or influence events (usually detrimental but occasionally beneficial) that may occur in the future and impact the project. It requires a proactive rather than a reactive approach. This Practice Note seeks to highlight some of the key areas of focus for managing identified risks which must be addressed in the matrix of project contract documents (such as changes to contract terms, default by a sub-contractor or the contractor itself). It considers some suggested risk management approaches and contractual tools that may be used to address the impact of certain risks. It is very high level in nature and is not a comprehensive review of project risks or their management. Risk register It is important that those promoting the project identify and

Pipeline Transportation on the United Kingdom Continental Shelf (UKCS) consists of several key pipelines that are owned and operated by separate and distinct joint ventures (see Practice Note: Transportation—transportation pipelines and terminals in the UKCS). As such, each transportation system has its own commercial terms and contractual structure. However, this practice provides a generic overview of the key contracts that may need to be entered into by a petroleum Shipper, as well of some of the Transporters key contractual arrangements. Pre-transportation contracts Prior to entering into a Transportation Agreement, a Shipper may look to enter into some or all of the below agreements (depending on the circumstances): • Confidentiality Agreement—this should cover discussions between the Shipper and Transporter relating to any indicative terms and/or heads of terms that are agreed between the parties • Study Agreements—this agreement provides for the initial study to tie-in the Shipper’s field to the pipeline • Front End Engineering Agreements (FEED Agreements)—used for preliminary engineering for the tie-in. Often this will be conducted in-house by the larger operators • Design

Infrastructure on the United Kingdom Continental Shelf (UKCS) is complex and bespoke to each field. The framework comprises a series of interconnected pipelines that transport hydrocarbons either to shore or to an offshore loading point. Further, at some point during that journey, the hydrocarbons will be processed/refined prior to entering the National Transmission Service or being sold to the market. Maps showing UK offshore infastructure The following maps produced by the North Sea Transition Authority (NSTA) (formerly known as the Oil & Gas Authority) are useful for tracking the routes of individual fields to shore: • NSTA map of UKCS offshore infrastructure • NSTA offshore interactive map Key pipelines West of Shetland Name Runs from Delivers to Comments WOSPS (West of Shetland Pipeline System) Schiehallion Field Sullom Voe Terminal (SVT) Liquids pipeline Gas further transported through East of Shetland Pipeline System (EOSP), Northern Leg

Introduction When transporting dangerous goods, a number of international rules must be followed relating to how the goods are packed, labelled and transported. There are also rules on the training required for all those involved in transportation The rules include UN Model Regulations, pan-European agreements, EU directives and regulations, and parallel domestic legislation transposing the international laws. The provisions vary according to whether the goods are being transported by road, rail, sea or air. Where only limited quantities of dangerous goods are being transported the rules may be less strict. The underlying principle is that there are common rules and regulations across nations establishing certain standards for transporting dangerous goods. One of the key pieces of UK legislation relating to the transportation of dangerous goods is the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 SI 2009/1348 (as variously amended) (CDG Regulations SI 2009/1348). They incorporate Brexit-based amendments from the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020, SI 2020/1111 and the Carriage