Part I Preliminary

1 Short title

This Act may be cited as the Croydon Tramlink Act 1994.

2 Interpretation

(1) In this Act, unless the context otherwise requires, the several words and expressions to which meanings are assigned by the Acts wholly or partly incorporated herewith have the same respective meanings, and—

• “the Act of 1845” means the [1845 c. 20.] Railways Clauses Consolidation Act 1845;

• “the Act of 1870” means the [1870 c. 78.] Tramways Act 1870;

• “the Act of 1965” means the [1965 c. 56.] Compulsory Purchase Act 1965;

• “the Act of 1991” means the [1991 c. 22.] New Roads and Street Works Act 1991;

• “the authorised railways” means the railways authorised by this Act, including, where the context so admits, any railway adapted for use, and worked as part of Tramlink under section 16 (Agreements with British Railways Board) of this Act;

• “the authorised works” means the works authorised by this Act;

• “carriageway” has the same meaning as in the [1980 c. 66.] Highways Act 1980;

• “the Corporation” means London Regional Transport;

• “the Council” means the Council of the London borough of Croydon;

• “enactment” means any enactment, whether public general or local, and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

• “existing” means existing at the passing of this Act;

• “highway authority” has the same meaning as in the Highways Act 1980;

• “the limits of deviation” mean the limits so shown on the deposited plans and, where, in the case of a work in any street, no such limits are shown for that work, the boundaries of the street (including any verge or roadside waste adjoining it);

• “the limits of land to be acquired or used” means the limits marked “Limit of land to be acquired or used” on the deposited plans;

• “the railways board” means the British Railways Board, and, in relation to any land or other property, includes any person who holds or uses that property for railway purposes and who derives title to that property from or under the British Railways Board or under any person deriving title from the British Railways Board;

• “sewerage undertaker” has the same meaning as in the [1991 c. 56.] Water Industry Act 1991;

• “statutory undertaker” means a licence holder under Part I of the [1989 c. 29.] Electricity Act 1989, a public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986, the National Rivers Authority and a water undertaker within the meaning of the Water Industry Act 1991 or any of such bodies;

• “street” has the meaning given by section 329 of the Highways Act 1980 and includes a bridleway, cycle track or footpath as defined in the said section 329 and any way laid out or used as a cycleway;

• “traffic sign” has the meaning given by section 64 of the [1984 c. 27.] Road Traffic Regulation Act 1984;

• “Tramlink” means the light rail transit system comprising the authorised railways including such railways designated as tramways, and all works and conveniences provided in connection with any of those railways, as that system is constructed, extended or altered from time to time;

• “tramway” means any railway, or any part of a railway, authorised by this Act and thereby designated as a tramway;

• “the tribunal” means the Lands Tribunal.

(2) Unless the context otherwise requires, any reference in this Act to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Act.

Except as mentioned in paragraph (b) below, all distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length, and distances between points on a railway shall be taken to be measured along the railway.

(b) This subsection does not apply to distances or lengths stated in the following provisions of this Act:—

• section 13 (Power to deviate);

• section 15 (Gauge of railways and restrictions on working).

(4) Any reference in this Act to rights over land includes reference to the right to do, or to place and maintain, anything in, on or under the land, or in the air space above its surface.

(5) Any reference in this Act to access to any place includes egress from that place.

3 Incorporation and application of enactments relating to railways

(1) The following enactments, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Act, are incorporated with and form part of this Act, and this Act shall be deemed to be the special Act for the purposes of those enactments:—

• the Act of 1845 (except sections 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 46 to 62, 94, 95, 112 to 124 and 138); and

• section 4 of the [1863 c. 92.] Railways Clauses Act 1863.

(2) In the enactments incorporated by subsection (1) above—

(a) the expression “the company” means the Corporation; and

(b) sections 18 and 21 of the Act of 1845 shall not extend to regulate the relations between the Corporation and any other person in respect of any matter or thing concerning which those relations are regulated in any respect by Part III of the Act of 1991; and

(c) in section 4 of the said Act of 1863, the words “and subject to the limitations contained in sections eleven, twelve and fifteen of those Acts respectively,” and the proviso shall be omitted.

(3) The following enactments shall not apply to Tramlink:—

• the [1839 c. 45.] Highway (Railway Crossings) Act 1839;

• in the [1842 c. 55.] Railway Regulation Act 1842, sections 9 and 10;

• in the [1868 c. 119.] Regulation of Railways Act 1868, section 22;

• in the [1889 c. 57.] Regulation of Railways Act 1889, sections 1, 3, 4 and 6;

• in the [1933 c. 53.] Road and Rail Traffic Act 1933, sections 41 and 42.

4 Application of Tramways Act 1870

(1) Subject as provided in subsection (2) below, the following provisions of Parts II and III of the Act of 1870, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Act, apply to any tramway, and for that purpose are incorporated with and form part of this Act:—

• sections 25, 26, 29 and 30, 34, 41, 49, 50, 53, 54 and 57.

In the provisions of the Act of 1870 applied by subsection (1) above, the expression “the special Act” means this Act and “the promoters” means the Corporation.

(b) The provisions of the Act of 1870 applied by subsection (1) above shall have effect subject to the following modifications:—

(i) in section 25, for the words “the road”, there shall be substituted the words “the part of the road in which it is laid” and the words from “and shall not be opened” to the end of that section shall be omitted;

(ii) in section 26, for the words from “the following regulations” to the end of the section, there shall be substituted the words “the provisions of the special Act”;

(iii) in section 30, for the words from “also subject to” to the end of the section, there shall be substituted the words “the special Act”;

(iv) in section 34, the words from “No carriage used” to the end of the section shall be omitted;

(v) in sections 49, 50, 53 and 54, for the penalty specified in each of those sections, there shall be substituted a fine not exceeding level 3 on the standard scale and in the said section 54 the words from “or under licence” to “by this Act provided” shall be omitted.

(3) This section shall have effect notwithstanding the repeal by the [1992 c. 42.] Transport and Works Act 1992 of the provisions of the Act of 1870 referred to in subsection (1) above.

5 Application of Part I of Compulsory Purchase Act 1965

(1) Part I of the Act of 1965 (except section 4 and paragraph 3 (3) of Schedule 3), in so far as it is applicable for the purposes and is not inconsistent with the provisions of this Act, shall apply to the compulsory acquisition of land under this Act as it applies to a compulsory purchase to which the [1981 c. 67.] Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under the said Act of 1981.

(2) Section 11 (1) of the Act of 1965 (which empowers the acquiring authority to enter upon and take possession of land the subject of a notice to treat after giving not less than 14 days' notice) as so applied shall have effect as if for the word “fourteen” there were substituted, in respect of the lands over which rights only are required, the word “twenty-eight” and, in the case of any other lands, the word “ninety-one”.

(3) The [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under this Act.

Part II Works

6 Power to make works

(1) Subject to the provisions of this Act, the Corporation may, in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain the works in the London boroughs of Merton, Sutton, Croydon and Bromley specified in Part I of Schedule 1 to this Act, with all necessary works and conveniences connected therewith.

(2) Notwithstanding anything in this Act or shown on the deposited plans or the deposited sections but without prejudice to the provisions of section 13 (Power to deviate) of this Act, the Corporation may, with the consent of the owners, lessees and occupiers of the lands affected, construct the whole or part of Works Nos. 10 and 11 and so much of Work No. 7 as lies within the London borough of Bromley in lines or situations and in accordance with levels, dimensions and descriptions other than the lines or situations, levels, dimensions and descriptions shown on the deposited plans and the deposited sections or specified in Part I of Schedule 1 to this Act.

7 Further works and powers

(1) Subject to the provisions of this Act (and, in so far as the same are shown on the deposited plans and the deposited sections, in the lines or situations and according to the levels so shown), the Corporation may exercise the powers and make and maintain the further works, described in Part II of Schedule 1 to this Act, in the London boroughs of Merton, Sutton, Croydon and Bromley with all necessary works and conveniences connected therewith.

(2) Without prejudice to the specific powers conferred by subsection (1) above, for the purposes of constructing or maintaining the authorised railways in or adjoining any street, the Corporation may, with the consent of the highway authority—

(a) increase the width of the carriageway of the street by reducing the width of any footway, cycle track or verge or other land within the boundary of the street;

(b) alter or interfere with the level of any kerb, footway, cycle track, verge or other land within the boundary of the street; or

(c) at any stopping place on a tramway reduce the width of the carriageway of the street by forming a reserved area in the street or by setting forward the kerbline of the street and providing access for vehicles to adjoining premises and a footway on the side of that kerbline nearest to those premises.

(3) No footway shall, under subsection (2) above, be reduced to a less width than 1·80 metres (5 feet 11 inches).

(4) Where the carriageway, or part of the carriageway, of any street in which a tramway is laid is of sufficient width to provide not less than 3 metres of width for vehicular traffic in each permitted direction clear of the tramway path (as determined in accordance with the clearance required by the Secretary of State), the Corporation may, with the consent of the highway authority, carry out such works as may be required to deter, but not prevent, the passage of vehicular traffic along the tramway, by raising the level of the part of the carriageway occupied by the tramway path above the level of the adjoining carriageway or by placing a kerb or other obstruction along the edge of that adjoining carriageway.

(5) Notwithstanding section 25 of the Act of 1870 as applied by this Act, in the case of any part of the length of a tramway which is situated clear of the carriageway or footway of any street, the Corporation may, with the consent of the highway authority, lay and maintain the tramway in such manner that the uppermost surface of the rails is not on a level with the surface of the ground in which it is laid.

(6) Subject to the provisions of this Act, the Corporation may—

(a) in relation to Work No. 3, lay down single, double or interlacing lines in lieu of triple lines, either when constructing that work or at any time thereafter;

(b) lay down double lines in lieu of single lines or single lines in lieu of double lines or interlacing lines in lieu of double or single lines on any of the tramways, either when constructing them or at any time thereafter, and construct or take up and reconstruct any such tramway or associated work in such position in the street or land in which it is authorised to be constructed as they think fit; and

(c) make, maintain, alter and remove such crossings, passing places, sidings, junctions and other works, in addition to those specified in and authorised by this Act, as they find necessary or convenient for the efficient working of Tramlink, for the purposes of the control of traffic or for providing access to any premises.

(7) The powers of subsection (6) above shall not be exercised in any street which is a highway without the consent of the highway authority.

8 Works in street

(1) Subject to the provisions of this Act, the Corporation may, for the purposes of Work No. 4C, make and maintain permanent openings in so much of any street as is within the limits of deviation for that work.

(2) The Corporation shall not be required to purchase any part of the surface of, or any easement in, any street in which they are authorised by this section to make and maintain any permanent opening, or to make any payment in respect of any such permanent opening, or for breaking up or interfering with the surface of any such street.

9 Requirements applicable to tramways

(1) The tramways shall be so laid and maintained that the distance between the sides of the widest carriages to be used on the tramways when passing one another thereon shall not be less than 380 millimetres (15 inches).

On completion of any tramway the Corporation shall provide traffic signs to give warning to other traffic of the presence of the tramway.

(b) Subject to any directions and any other requirements given or imposed by the Secretary of State with respect to such a traffic sign, the places at which the traffic signs are displayed shall be such as may be approved by the highway authority.

Where a tramway has been constructed in a street in such manner that—

(i) the uppermost surface of the rails is level with the surface of the street; or

(ii) the level of the width of the carriageway occupied by the tramway path is altered as provided in section 7 (4) (Further works and powers) of this Act;

works for the purpose, or having the effect, of altering the level of the part of the street in which the tramway is situated shall not be carried out without the consent of the Corporation.

(b) Consent under paragraph (a) above may be given subject to such reasonable terms and conditions as the Corporation may require, but shall not be unreasonably withheld, and any difference arising under this paragraph shall be determined by the Secretary of State.

10 Level crossings

(1) The Corporation may, in the construction of the authorised railways, carry the same with a single or double line across and on the level of the streets specified in Schedule 2 to this Act.

(2) The Corporation may, subject to such requirements as the Secretary of State may from time to time lay down, provide, maintain and operate at or near any such level crossing such barriers, lights, traffic signs and automatic or other devices and appliances as may be approved by the Secretary of State.

(3) In the exercise of the powers of this section, the Corporation may alter or interfere with the level of any street upon which any railway or associated work is to be laid.

11 Subsidiary works

(1) Subject to the provisions of this Act the Corporation may, for the purposes of Tramlink and associated traffic control—

(a) within the limits of deviation make, lay down, place, erect, repair, alter, renew, maintain, operate and use rails, rail fixings, plates, sleepers, channels, conduits, tubes, stations, platforms, islands, gates, junctions, points, turntables, turnouts, crossings, temporary or permanent cross-overs, passing places, pillars, posts, poles, brackets, wires, subways, manholes, shafts, engines, dynamos, substations, transformers, switchgear, cabling, signalling, monitoring and communications equipment, together with subsidiary and incidental machinery, apparatus, works and appliances; and

(b) in, or under any street in which it may be necessary or convenient, or in other land over which the Corporation have or obtain sufficient rights, lay, place, form, erect, maintain, renew and repair drains, ditches and culverts, electric wires, conductors, cables, brackets, posts, tubes, substations, boxes and other electrical apparatus for connecting the authorised railways and associated works with any electricity generating station or substations or for the purposes of signalling, monitoring and communication in connection with Tramlink.

(2) The provisions of sections 158 and 159 of, and paragraph 3 of Schedule 13 to, the [1991 c. 56.] Water Industry Act 1991 (street works) shall apply to apparatus and works referred to in subsection (1) above as they apply to relevant pipes and service pipes but as if—

(a) for any reference to a water undertaker there were substituted a reference to the Corporation; and

(b) paragraph 3 (6) of Schedule 13 were omitted.

(3) The Corporation may, for the purposes of Tramlink, alter, renew and maintain the parapet of any bridge under which the authorised railways are to be situated, or construct any other works for the safety of persons passing over any such bridge.

(4) In constructing stations and stopping places for the purposes of Tramlink the Corporation shall make provision, in so far as it is in the circumstances both practicable and reasonable and without prejudice to any requirement having effect under or by virtue of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970, for the needs of members of the public using Tramlink who are disabled or elderly.

(5) Nothing in this section shall prejudice the generality of sections 6 (Power to make works) and 7 (Further works and powers) of this Act.

12 Provision of accommodation for apparatus

Where the Corporation lay down conduits for the accommodation of cables or other apparatus for the purposes of Tramlink or associated traffic control under section 11 (Subsidiary works) of this Act, they may, in pursuance of those powers, provide in, or in connection with, such conduits accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits on such terms and conditions as may be agreed between the Corporation and such other person.

13 Power to deviate

In the execution of the authorised works the Corporation may, except as may be otherwise provided by this Act, deviate from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.

14 Plans to be approved by Secretary of State before works commenced

(1) Before constructing any of the authorised railways the Corporation shall submit to the Secretary of State for his approval plans, sections and particulars of their proposals concerning—

(a) permanent way or track;

(b) signalling; and

(c) lighting.

(2) Any such works shall be constructed and maintained in accordance with such plans, sections and particulars approved by the Secretary of State.

(3) The Corporation shall submit for the approval of the Secretary of State details of their proposals for the rolling stock to be used on Tramlink and any rolling stock so used shall be constructed and maintained in accordance with particulars approved by the Secretary of State.

15 Gauge of railways and restrictions on working

(1) The authorised railways to be constructed shall be constructed on a gauge of 1,435 millimetres (4 feet 8½ inches) and the motive power to be used shall be electrical energy or such other motive power as the Secretary of State may approve.

(2) No part of Tramlink shall be used for, or in connection with, the conveyance of passengers without the written permission of the Secretary of State and the Corporation shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using Tramlink.

(3) If, without reasonable excuse, the Corporation contravene the provisions of subsection (2) above they shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4) Without prejudice to the generality of subsection (2) above, traction cables of the overhead line equipment of any tramway, and of so much of any authorised railway as is comprised in any level crossing, shall be erected at a height agreed by the Secretary of State and, if at any place a height of less than 5·63 metres (18 feet 6 inches) above the surface of the ground is so agreed for a cable, the Corporation shall, in accordance with section 9 (2) (Requirements applicable to tramways) of this Act, erect such traffic signs as may be directed by the Secretary of State to give warning of the cable.

16 Agreements with British Railways Board

(1) In this section—

• “the affected properties” means any land described in the deposited book of reference which is owned by the railways board or in which the railways board have an interest; and

• “the specified works” means so much of Works Nos. 1, 1A, 1B, 1C, 1D, 2, 2A, 3, 3A, 7, 8 and 9 as will be constructed under, on or over any of the affected properties.

(2) Any work of alteration or adaptation of property of the railways board which may be necessary in order to construct the specified works and thereafter, the use, maintenance, repair and renewal of such property and of the specified works shall be carried out and regulated by the Corporation or the railways board, or by the Corporation and the railways board jointly, in accordance with such terms and conditions as may be agreed in writing between the Corporation and the railways board.

Any agreement made under this section may relate to the whole or part of the affected properties and may contain such incidental, consequential or supplementary provisions as may be so agreed, including (but without prejudice to the generality of the foregoing) provisions—

(i) with respect to the defraying of, or the making of contributions towards, the cost of such works of alteration or adaptation or the costs of such maintenance, repair and renewal as are referred to in subsection (2) above by the Corporation or by the railways board or by the Corporation and railways board jointly; and

(ii) for the exercise by the railways board, or by the Corporation, or by the railways board and the Corporation jointly, of all or any of the powers and rights of the railways board and the Corporation (as the case may be) in respect of any part of the specified works under any enactment or contract.

(b) The exercise by the Corporation or the railways board or by the Corporation and the railways board jointly, of any powers and rights under any enactment or contract pursuant to any such agreement as is authorised by paragraph (a) above shall be subject to all statutory and contractual provisions relating thereto as would apply if such powers and rights were exercised by the Corporation or the railways board (as the case may be) alone, and accordingly such provisions shall with any necessary modifications, apply to the exercise of such powers and rights by the Corporation or the railways board, or by the Corporation and the railways board jointly, as the case may be.

(4) In constructing the specified works the Corporation may, on such terms as shall be agreed with the railways board, re-align so much of the railways board’s railway as lies within the limits of deviation of those works in such position and on such terms as shall be agreed between the Corporation and the railways board.

(5) The Corporation and the railways board may enter into, and carry into effect, agreements for the transfer to the Corporation of—

(a) any part of the affected properties,

(b) any lands, works or other property held in connection with any part of the affected properties, and

(c) any rights and obligations (whether or not statutory) of the railways board relating to any part of the affected properties.

(6) Where agreement is made for the transfer to the Corporation of any railway or former railway comprised within the affected properties under subsection (5) above, the Corporation may adapt for use, maintain, use and work that railway as part of Tramlink in accordance with the provisions of the Act of 1845 and the [1863 c. 92.] Railways Clauses Act 1863 incorporated with this Act and the provisions of the Railway Regulation Acts 1840 to 1889 applicable to Tramlink.

17 Discontinuance of existing railway services

The provisions of section 54 of the [1962 c. 46.] Transport Act 1962 and section 37 of, and Schedule 5 to, the [1993 c. 43.] Railways Act 1993 (proposals to discontinue railway passenger services) shall not apply in respect of the discontinuance of any existing railway passenger services from any station or on any line or, as the case may be, the discontinuance of any railway passenger or goods services provided by the railways board, where such discontinuance is for the purposes of, or in connection with, the construction of the authorised works or the transfer of any parts of any existing railway to form part of Tramlink.

18 Temporary stoppage of streets

(1) During and for the purpose of the execution of the authorised works, the Corporation may temporarily stop up and interfere with the whole or any part of any street to the extent of the limits of deviation, or the limits of land to be acquired or used, and may for any reasonable time divert the traffic therefrom and prevent all persons, other than those bona fide going to or from any land, house or building abutting on the said part of the street, from passing along and using the same.

(2) The Corporation shall provide reasonable access for foot passengers bona fide going to or from any such land, house or building.

19 Stopping up streets without providing substitute

(1) This section applies in the case of any stopping up of a street or portion thereof authorised by the Act without the provision of a substitute.

(2) After any stopping up to which this section applies, all rights of way over or along the street, or portion thereof, authorised to be stopped up shall be extinguished and the Corporation may, without making any payment therefor, but subject to the provisions of the Act of 1845 incorporated with this Act with respect to mines lying under or near the railways, appropriate and use for the purposes of their undertaking the site of the street, or portion thereof, so stopped up.

(3) Any person who suffers loss by the extinguishment of any private right under this section shall be entitled to be paid by the Corporation compensation to be determined in case of dispute in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

(4) Without prejudice to the generality of subsection (1) above, this section applies, in particular, to the stopping up of a street or portion thereof mentioned in paragraphs (viii), (ix), (xi), (xii), (xiv), (xvi), (xx), (xxii) and (xxix) of Part II of Schedule 1 to this Act.

20 Stopping up streets in case of diversion or substitution

(1) Except as provided in section 18 (Temporary stoppage of streets) of this Act, where this Act authorises the making of a new street, either by way of diversion of, or in substitution for, an existing street and the stopping up of the existing street or portion thereof, the stopping up shall not, in either case, take place until the highway authority are satisfied that the new street has been completed in accordance with their reasonable requirements and is open for public use or, in the case of any difference between the Corporation and the highway authority as to whether the said requirements have been complied with or as to their reasonableness, until the matter in dispute has been determined by arbitration and the new street has been completed accordingly.

(2) Before referring the matter to arbitration under this section the Corporation shall give to the highway authority 7 days' notice in writing of their intention to do so.

(3) As from the completion of the new street to the satisfaction of the highway authority or, in the case of dispute, according to the decision of the arbitrator, all rights of way over or along the existing street, or portion thereof, authorised to be diverted or stopped up shall be extinguished, and the Corporation may, without making any payment therefor, but subject to the provisions of the Act of 1845 incorporated with this Act with respect to mines lying under or near the railways, appropriate and use for the purposes of their undertaking the site of the street, or portion thereof, diverted or stopped up so far as the same is bounded on both sides by lands in the possession of the Corporation.

(4) Any person who suffers loss by the extinguishment of any private right under this section shall be entitled to be paid by the Corporation compensation to be determined in case of dispute in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

21 Notice of interference with streets

Before breaking up or interfering with any street to which the public has access in connection with the construction of any of the authorised works the Corporation shall (except in case of emergency) give 14 days' notice in writing to the chief officer of the fire and police authorities for the area in which such street is situated and make such arrangements with the chief officer of police as may be reasonably necessary so as to cause as little interference with the traffic in such street during the construction of such works as may be reasonably practicable.

22 Provisions as to repair of streets, etc

(1) Subject to subsections (2) and (3) below, any street, or portion thereof, made, diverted or altered under this Act shall, when completed, unless otherwise agreed, be maintained by and at the expense of the Corporation for a period of 12 months from its completion and at the expiration of that period shall be maintained by and at the expense of the highway authority.

(2) Subsection (3) below applies where the Corporation has under section 7 (4) (Further works and powers) of this Act raised the level of part of the carriageway of a street in which a tramway is laid; and in that subsection, so much of the carriageway whose level has been so raised is referred to as “the raised tramway path”.

(3) Unless otherwise agreed with the highway authority, the raised tramway path shall be maintained by and at the expense of the Corporation for as long as the raised tramway path is required to be used primarily for the purposes of Tramlink.

23 Underpinning of houses near works

The Corporation may, at their own expense, subject as hereinafter provided, underpin or otherwise strengthen any house or building within 30 metres of any of the authorised works, and for this purpose the following provisions shall have effect:—

(1) At least 14 days' notice shall (except in the case of emergency) be given to the owner, lessee and occupier of the house or building intended to be so underpinned or otherwise strengthened.

(2) Each such notice shall be served in manner prescribed by section 6 of the [1981 c. 67.] Acquisition of Land Act 1981 as if required to be served under that Act.

(3) If any owner, lessee or occupier of any such house or building, within 10 days after the giving of such notice, gives a counter-notice in writing that he disputes the necessity of such underpinning or strengthening, the question of the necessity shall be settled by arbitration.

(4) In any case in which any house or building has been underpinned or strengthened under the powers of this section the Corporation may, from time to time after the completion of such underpinning or strengthening, and during the execution of the authorised work in connection with which such underpinning or strengthening was done, or within five years after the opening for traffic of the authorised works, enter upon and survey such house or building and, after complying with the foregoing provisions of this section, do such further underpinning or strengthening as they may deem necessary or expedient.

(5) The Corporation shall be liable to compensate the owner, lessee and occupier of every such house or building for any loss or damage which may result to them by reason of the exercise of the powers of this section.

(6) Nothing in this section nor any dealing with any property in pursuance of this section shall relieve the Corporation from the liability to compensate under section 10 (2) of the Act of 1965 as applied by this Act, or under any other enactment, in respect of loss or damage arising from the execution of any works, other than works of underpinning or strengthening authorised by this section.

(7) Every case of compensation under this section shall be determined in case of dispute in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

24 Use of sewers, etc., for removing water

(1) The Corporation may use for the discharge of any water pumped or found during the construction of the authorised works any available stream or watercourse, or any sewer or drain of any sewerage undertaker or London borough council in or through whose area or district the works may be constructed or pass, and for that purpose may lay down, take up and alter conduits, pipes and other works and may make any convenient connections with any such stream, watercourse, sewer or drain within the limits of deviation.

The Corporation shall not—

(i) discharge any water into any sewer or drain vested in or under the control of a sewerage undertaker or London borough council except with the consent of that body and subject to such terms and conditions as that body may reasonably impose; or

(ii) make any opening into any such sewer or drain except in accordance with plans approved by, and under the superintendence (if given), of the sewerage undertaker or London borough council in which the sewer or drain is then vested.

(b) Consent to a discharge, or approval of plans submitted, under this subsection shall not be unreasonably withheld.

Section 85 of the [1991 c. 57.] Water Resources Act 1991 shall apply to, or to the consequence of, a discharge under this section into any controlled waters within the meaning given by section 104 (1) of that Act as if this section were excluded from the reference to any local statutory provision in section 88 (1) (f) of that Act.

(b) In the exercise of their powers under this section the Corporation shall not damage or interfere with the bed of any watercourse forming part of a main river of the National Rivers Authority or the banks thereof within the meaning of section 72 of the [1991 c. 59.] Land Drainage Act 1991 or forming part of a metropolitan watercourse within the meaning assigned to that expression by paragraph 1 of Schedule 5 to the [1976 c. 70.] Land Drainage Act 1976.

(4) The Corporation shall take all such steps as may be reasonably required to secure that any water discharged under this section shall be as free as may be reasonably practicable from any gravel, soil or other solid substance or matter in suspension.

(5) Any difference arising between the Corporation, National Rivers Authority, sewerage undertaker or London borough council, as the case may be, under this section shall be determined by arbitration.

25 Attachment of brackets, etc., to buildings for purposes of works

The Corporation may affix brackets, cables, wires and other apparatus required in connection with Tramlink to any building or structure; and for that purpose the provisions of subsections (2), (4) to (6), (8) and (9) of section 45 of the [1961 c. 64.] Public Health Act 1961 (affixing apparatus to buildings for street lighting) shall apply as if—

(a) the attachments therein mentioned included any such apparatus;

(b) for any reference to the street lighting authority there were substituted a reference to the Corporation; and

(c) in the proviso to subsection (2), after the words “unreasonably withheld” there were inserted the words “or is not granted within a reasonable time”.

26 Attachment of equipment to tramway buildings and structures

(1) Subject to subsection (2) below, the Council may, with the consent of the Corporation, affix to any building or structure ancillary to any tramway comprised in Tramlink—

(a) street lighting equipment;

(b) decorative lighting equipment;

(c) traffic signs within the meaning of section 64 of the [1984 c. 27.] Road Traffic Regulation Act 1984;

(d) traffic guidance control equipment;

(e) traffic monitoring equipment; or

(f) any other apparatus or equipment of a like nature.

(2) The power in subsection (1) above shall not be exercised in such a way as to impair the safe and efficient operation of Tramlink.

(3) The consent of the Corporation under this section may only be withheld if the Corporation consider that the proposed exercise of the power would impair the safe and efficient operation of Tramlink.

27 Provisions as to use of electrical energy

The following provisions shall apply to the use of electrical energy for the purposes of Tramlink:—

(1) The Corporation shall employ either insulated returns or uninsulated metallic returns of low resistance.

(2) The Corporation shall take all reasonable precautions in designing, constructing, placing and maintaining their electric lines and circuits and other works of all descriptions and also in working Tramlink so as to minimise the discharge of electrical currents into the ground and not—

(a) injuriously to affect by fusion or electrolytic action any electric lines or any gas or water pipes, or other metallic pipes, structures or substances; or

(b) injuriously to interfere with, or with the working of—

(i) any wire, line or apparatus from time to time used for the purpose of transmitting electrical energy or of any telecommunication system; or

(ii) the currents in any such wire, line or apparatus.

The Secretary of State may make regulations under this section for regulating the use of electrical energy for the operation of Tramlink, and the design, voltage, testing and working of the overhead equipment and return circuits of the Tramlink system, including regulations—

(i) for preventing injurious affection (by the discharge of electrical currents into the ground, fusion or electrolytic action) of electric lines or gas or water pipes or other metallic pipes, structures or substances; and

(ii) for minimising, so far as is reasonably practicable, interference with, and with the working of, electric wires, lines and apparatus, whether such apparatus does or does not use the earth as a return.

(b) Before making regulations under this section the Secretary of State shall consult the Corporation and the statutory undertakers.

(4) The Corporation shall be deemed to take all reasonable and proper precautions against interference with, or with the working of, any wire, line or apparatus if and so long as they use, at the option of the Corporation, either such insulated returns, or such uninsulated metallic returns of low resistance and such other means of preventing injurious interference with, and with the working of, the electric wires, lines and apparatus, as may be prescribed by the regulations; and in prescribing such means the Secretary of State shall have regard to the expense involved in relation to the protection afforded.

(5) The provisions of this section shall not give any right of action in respect of injurious interference with, or with the working of, any electric wire, line or apparatus, or the currents therein, unless, in the construction, erection, maintaining and working of such wire, line and apparatus, all reasonable and proper precautions, including the use of an insulated return, have been taken to minimise injurious interference therewith, and with the currents therein, by or from other electric currents.

(6) If any difference arises between the Corporation and any other person with respect to anything in the foregoing provisions of this section, the difference shall, unless the parties otherwise agree, be determined by the Secretary of State, or, at his option, by an arbitrator to be appointed by him, and the costs of such determination shall be in the discretion of the Secretary of State or the arbitrator as the case may be.

(7) The power to make regulations conferred on the Secretary of State by this section shall be exercisable by statutory instrument.

(8) In this section—

(a) reference to an insulated return includes reference to a return by means of a combined neutral and earth cable which is covered by an insulated sheath suitable for protection against corrosion and is approved for use below ground by the Secretary of State for the purpose of any regulations relating to the supply of electricity; and

(b) telecommunication system has the same meaning as in the [1984 c. 12.] Telecommunications Act 1984.

Part III Acquisition of land

28 Power to acquire lands

(1) Subject to the provisions of this Act, the Corporation may enter upon, take and use—

(a) so much of the land shown on the deposited plans within the limits of deviation for the authorised works as they may require for the purposes of the authorised works or for any purpose connected with, or ancillary to, their undertaking; and

(b) so much of any land specified in columns (1) and (2) of Part I of Schedule 3 to this Act shown on the deposited plans within the limits of land to be acquired or used as they may require for the purpose specified in relation to that land in column (3) of that Part of that Schedule.

(2) Without prejudice to section 51 (As to land of Council) of this Act, the Corporation shall not under the powers of this Act without the consent of the Council acquire compulsorily any interest of the Council in the lands in the London borough of Croydon referred to in the book of reference.

(3) The Corporation shall not under the powers of this Act without the consent of the railways board acquire or enter upon, take or use whether temporarily or permanently, or acquire any new rights or subsoil of—

(i) the lands of the railways board delineated on the deposited plans and therein numbered 1, 2, 3, 4, 5, 6, 8, 10, 11, 55, 57 and 60 in the London borough of Merton;

(ii) the lands of the railways board delineated on the deposited plans and therein numbered 6, 9, 10, 10A, 25 and 30 in the London borough of Croydon; or

(iii) the lands of the railways board delineated on the deposited plans and therein numbered 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18 and 21 in the London borough of Bromley.

(4) Without prejudice to subsection (3) above the Corporation may acquire the interest of any person other than the railways board in any of the lands specified in subsection (3) above for the purposes of the authorised works.

29 Extinction of private rights of way

(1) All private rights of way over any land that may be acquired compulsorily under this Act shall be extinguished on the acquisition of the land, whether compulsorily or by agreement, or on entry on the land in pursuance of section 11 (1) of the Act of 1965 as applied by this Act, whichever is the sooner.

(2) All private rights of way over any land of which the Corporation may take temporary possession under this Act shall be suspended and unenforceable against the Corporation for so long as the Corporation shall remain in lawful possession thereof.

(3) Any person who suffers loss by the extinguishment or suspension of any right under this section shall be entitled to compensation to be determined in case of dispute in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

30 Power to acquire new rights

(1) In this section references to the purchase by the Corporation of new rights are references to the purchase of rights to be created in favour of the Corporation.

(2) The Corporation may, for the purposes of constructing, maintaining, protecting, renewing and using any of the authorised works, purchase compulsorily such new rights as they may require over any of the lands that may be acquired compulsorily under this Act instead of acquiring those lands.

(3) The Act of 1965 as applied by this Act shall have effect with the modifications necessary to make it apply to the compulsory purchase of rights under subsection (2) above as it applies to the compulsory purchase of land so that, in appropriate contexts, references in that Act to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the context.

(4) Without prejudice to the generality of subsection (3) above, in relation to the purchase of rights under subsection (2) above—

(a) Part I of the Act of 1965 shall have effect with the modifications specified in Schedule 4 to this Act; and

(b) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

31 Acquisition of part only of certain properties

(1) Where a copy of this section is endorsed on, or annexed to, a notice to treat served under the Act of 1965 as applied by this Act, the following provisions of this section shall apply to the land subject to the notice instead of section 8 (1) of that Act.

(2) Where the land subject to the notice is part only of a house, building or factory, or part only of land consisting of a house together with any park or garden belonging thereto, then, if the person on whom the notice is served, within 21 days after the day on which the notice is served on him, serves on the Corporation a counter-notice objecting to the sale of the part and stating that he is willing and able to sell the whole (hereafter in this section referred to as “the land subject to the counter-notice”), the question whether he shall be required to sell the part shall, unless the Corporation agree to take the land subject to the counter-notice, be referred to the tribunal.

(3) If the said person does not serve such a counter-notice as aforesaid within 21 days after the day on which the notice to treat is served on him, or if on such a reference to the tribunal the tribunal determine that the part subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, in the case of part of land consisting of a house together with a park or garden belonging thereto, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the said person shall be required to sell the part.

(4) If, on such a reference to the tribunal, the tribunal determine that part only of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the notice to treat shall be deemed to be a notice to treat for that part.

(5) If, on such a reference to the tribunal, the tribunal determine that the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice but that the material detriment is confined to a part of the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the Corporation are authorised to acquire compulsorily under this Act.

(6) If the Corporation agree to take the land subject to the counter-notice, or if the tribunal determine that—

(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and

(b) the material detriment is not confined to a part of the land subject to the counter-notice;

the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice, whether or not the whole of that land is land which the Corporation are authorised to acquire compulsorily under this Act.

(7) In any case where, by virtue of a determination by the tribunal under subsection (4), (5) or (6) above, a notice to treat is deemed to be a notice to treat for part of the land specified in the notice or for more land than is specified in the notice, the Corporation may, within six weeks after the tribunal make their determination, withdraw the notice to treat, and if they do so shall pay to the person on whom the notice was served compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in default of agreement by the tribunal.

(8) For the purposes of subsection (7) above, the determination shall not be taken to have been made so long as—

(a) the time for requiring the tribunal to state a case with respect to the determination has not expired;

(b) any proceedings on points raised by a case stated have not been concluded; or

(c) any proceedings on appeal from any decision on points raised by a case stated have not been concluded.

(9) Where a person is required under this section to sell part only of a house, building or factory, or of land consisting of a house together with any park or garden belonging thereto, the Corporation shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of his interest therein.

32 Disregard of recent improvements and interests

In determining a question with respect to compensation claimed in consequence of the compulsory acquisition of land (including rights) under this Act, the tribunal shall not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land, by reason of any building erected, works executed or improvement or alteration made, whether on the land acquired, or, as the case may be, on the land over which rights are acquired, or on any other land with which the claimant is, or was, at the time of erection, executing or making of the building, works, improvement or alteration, directly or indirectly concerned;

if the tribunal are satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

33 Set-off for enhancement in value of retained land

(1) In this section “relevant land” means any land or any new rights over any land purchased by the Corporation for the purposes of the authorised works.

(2) In assessing the compensation payable to any person on the purchase by the Corporation from him of any relevant land, the tribunal shall—

(a) have regard to the extent to which the land or the remaining contiguous lands belonging to the same person may be benefited by any of the authorised works; and

(b) set off against the value of the relevant land any increase in value of the remaining contiguous lands belonging to the same person which will accrue to him by reason of the construction of any of the authorised works.

(3) The [1961 c. 33.] Land Compensation Act 1961 shall have effect subject to the provisions of this section.

34 Temporary possession of land

(1) In this section “the relevant land” means so much of any of the lands specified in Part II of Schedule 3 to this Act as is not within the limits of deviation for any of the authorised works.

(2) Subject to the provisions of this section, the Corporation may take temporary possession of and use the relevant land for the provision of working sites and access for construction purposes.

(3) Not less than 28 days before entering upon and taking temporary possession of the relevant land the Corporation shall give notice to the owners and occupiers of the land.

The Corporation shall not, without the agreement of the owners and occupiers, remain in possession of any part of the relevant land under the powers of this section after a period of 18 months from the completion of the authorised works.

(b) Before giving up possession of the relevant land, the Corporation shall remove all temporary works and restore the relevant land to the reasonable satisfaction of the owners and occupiers thereof; but the Corporation shall not be required to replace a building removed by them under this section.

The Corporation shall not be empowered to purchase compulsorily, or be required to purchase, any part of the relevant land.

(b) The Corporation shall compensate the owners and occupiers of the relevant land for any loss or damage which may result to them by reason of the exercise of the powers of this section in relation to the relevant land.

(c) Nothing in this section shall relieve the Corporation from liability to compensate under section 6 or 43 of the Act of 1845 or section 10 (2) of the Act of 1965 as incorporated or applied by this Act, or under any other enactment, in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (b) above.

(6) Every case of compensation under this section shall be determined in case of dispute in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

35 Provision for mortgagors in certain cases

(1) This section applies where—

(a) the whole or part of the interest of a resident owner occupier (“the relevant owner”) in land is acquired in consequence of the construction of Tramlink;

(b) at the date of the passing of this Act the interest is subject to one or more mortgages;

(c) at the valuation date, the principal, interest and costs secured on the land by that mortgage or those mortgages (“the mortgage debt”) exceeds 90 per cent. of the open market value of the whole of the relevant owner’s interest in the land; and

(d) the whole of the mortgage debt is required by the mortgagee or mortgagees to be repaid on the disposal by the relevant owner of the interest in the land to be acquired as mentioned in paragraph (a) above.

(2) Where this section applies the acquiring authority may, if so required by the relevant owner, either—

(a) lend to him on the terms mentioned in subsection (3) below a sum equal to the amount by which the mortgage debt exceeds 90 per cent. of the open market value of the whole of his interest in the land at the valuation date; or

(b) if another person lends that sum to the relevant owner on the terms mentioned in subsection (3) or on other terms acceptable to the relevant owner, guarantee any default on the part of the relevant owner in the payment of that loan and of all interest payable under it.

(3)