London Underground (Green Park) Act 1994

Part III Lands

12 Power to acquire lands

(1) The Company may enter upon, take and use such of the lands delineated on the substituted plan and described in the substituted book of reference as they may require for the purposes of the works or for any purpose connected with or ancillary to their undertaking.

(2) The Company may enter upon, use and appropriate so much of the subsoil and under-surface of any public street, road, footway or place delineated on the substituted plan and described in the substituted book of reference as may be necessary for the purposes mentioned in subsection (1) above without being required to purchase the same or any easement therein or thereunder or to make any payment therefor.

13 Power to acquire subsoil or new rights only in certain cases

(1) In this Part of this Act “new rights” in relation to any land means easements or other rights in, under or over such land, which are to be created in favour of the Company.

(2) Notwithstanding anything in this Act, the Company may, for the purposes of constructing, maintaining, protecting, renewing and using the works, enter upon, take and use so much of the subsoil and under-surface of or may acquire such new rights as they may require in, under or over any of the lands delineated on the substituted plan and described in the substituted book of reference without being obliged or compellable to acquire any greater interest in, under or over the same respectively and may give notice to treat in respect of such entry, taking and using.

(3) (a) If, in any case where the Company enter upon, take and use the subsoil and under-surface of, or acquire a new right in or under, any of the lands referred to in subsection (2) above they also require to take, use and pull down or open any cellar, vault, arch or other construction forming part of any such lands they may enter upon, take and use such cellar, vault, arch or other construction for the purposes of the works and (subject to the provisions of this Act) the provisions of the Lands Clauses Acts shall apply in relation to the purchase thereof as if such cellar, vault, arch or other construction were lands within the meaning of those Acts.

(b) Section 12 (Acquisition of part only of certain properties) of the Act of 1964, as incorporated with this Act, shall apply in respect of the acquisition by the Company under this subsection of any cellar, vault, arch or other construction as if the same were a part of land to which that section applies.

14 Subsoil or new rights only to be acquired under certain lands

(1) In this section—

• “the specified lands” means the lands numbered on the substituted plan 2, 4, 5, 9, 10, 12, 13 and 15 to 18 in the city of Westminster; and

• “the level of the surface of the specified lands” means ground surface level or, in the case of a building on the specified lands, means the level of the surface of the ground adjoining the building.

(2) (a) Notwithstanding the provisions of subsection (1) of section 12 (Power to acquire lands) of this Act, the Company shall not acquire compulsorily under the powers of this Act any part of the specified lands, except as provided in paragraph (b) below.

(b) The Company may, within the limits of lateral deviation prescribed by this Act in respect of the works, enter upon, take and use so much of the subsoil and under-surface of the specified lands as they may require for the purposes of constructing, maintaining, protecting, renewing and using the works and any necessary works and conveniences connected therewith, or compulsorily purchase such new rights in the subsoil and under-surface of the specified lands as they may require for the said purposes without in either case being obliged or compellable to acquire any greater interest in, under or over the specified lands and may give notice to treat in respect of such entry, taking and using.

(c) For the purposes of this section the subsoil and under-surface of the specified lands shall be deemed not to include any such subsoil or under-surface which is within 9 metres of the level of the surface of the specified lands.

15 Application of Lands Clauses Acts to compulsory purchase of new rights

(1) The Lands Clauses Acts, as incorporated with this Act, shall have effect with the modifications necessary to make them apply to the compulsory purchase of rights under sections 13 (Power to acquire subsoil or new rights only in certain cases) and 14 (Subsoil or new rights only to be acquired under certain lands) of this Act as they apply to the compulsory purchase of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land in, under or over which the rights are or are to be exercisable, according to the requirements of the particular context.

(2) Without prejudice to the generality of subsection (1) above in relation to the purchase of new rights in pursuance of sections 13 (Power to acquire subsoil or new rights only in certain cases) and 14 (Subsoil or new rights only to be acquired under certain lands) of this Act—

(a) the [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall, subject to the provisions of subsection (3) below, have effect with the modifications specified in Schedule 1 (except paragraph 4) to the Act of 1976 and as if for the word “over”, wherever it occurs in paragraph 1 of that Schedule, there were substituted the words “in, under or over”;

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

(3) Notwithstanding anything in this section, section 92 of the Lands Clauses Consolidation Act 1845 shall not apply to any compulsory acquisition or purchase by the Company under sections 13 (Power to acquire subsoil or new rights only in certain cases) or 14 (Subsoil or new rights only to be acquired under certain lands) of this Act.

16 Set-off for enhancement in value of retained land

(1) In this section “relevant land” means any land or any subsoil or under-surface of or new rights in, or over any land acquired by the Company for the purposes of the works.

(2) In assessing the compensation payable to any person on the acquisition by the Company from him of any relevant land, the Lands Tribunal shall—

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

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

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

17 Period for compulsory purchase of lands and new rights

The powers of the Company for the compulsory purchase of lands and new rights under this Act shall cease at the end of the period of six years commencing on the date of the passing of this Act.

18 Incorporation of lands provisions

(1) The following provisions of the undermentioned Acts are, with necessary modifications, incorporated with this Act:—

• the Act of 1963—

• section 21 (Power to enter for survey or valuation); and

• section 28 (As to cellars under streets not referenced):

• the Act of 1964—

• section 12 (Acquisition of part only of certain properties); and

• section 14 (Extinction of private rights of way):

• the Act of 1965—

• section 13 (Correction of errors in deposited plans and book ofreference):

• the Act of 1966—

• section 14 (Power to expedite entry):

• the Act of 1969—

• section 14 (Disregard of recent improvements and interests).

(2) The provisions of the said section 21 of the Act of 1963, as so incorporated, shall have effect as if after the word “acquire” there were inserted the words “or use”.