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Crossrail Act 2008

2008 CHAPTER 18

An Act to make provision for a railway transport system running from Maidenhead, in the County of Berkshire, and Heathrow Airport, in the London Borough of Hillingdon, through central London to Shenfield, in the County of Essex, and Abbey Wood, in the London Borough of Greenwich; and for connected purposes.

[22nd July 2008]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Works

1Construction and maintenance of scheduled works

(1)The nominated undertaker may construct and maintain the works specified in Schedule 1 (“the scheduled works”), being—

(a)works for the construction of an underground railway between, in the west, a tunnel portal at Royal Oak in the City of Westminster and, in the east, tunnel portals at Custom House and Pudding Mill Lane in the London Borough of Newham,

(b)works for the construction of other railways in the London Boroughs of Barking & Dagenham, Bexley, Ealing, Greenwich, Hammersmith and Fulham, Havering, Hillingdon, Newham, Redbridge and Tower Hamlets, the City of Westminster, the Royal Borough of Kensington & Chelsea, the District of Basildon and the Borough of Brentwood in the County of Essex, the Royal Borough of Windsor & Maidenhead and the Borough of Slough in the County of Berkshire and the District of South Bucks in the County of Buckinghamshire,

(c)works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) or (b).

(2)Subject to subsections (3) to (5), the scheduled works shall be constructed—

(a)in the lines or situations shown on the deposited plans,

(b)in accordance with the levels shown on the deposited sections, and

(c)in the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, within the limit so shown.

(3)In constructing or maintaining any of the scheduled works, the nominated undertaker may deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown.

(4)In constructing or maintaining any of the scheduled works, the nominated undertaker may deviate vertically from the level shown for that work on the deposited sections to any extent downwards.

(5)In constructing or maintaining any of the scheduled works, the nominated undertaker may, subject to subsection (6), deviate vertically from the level shown for that work on the deposited sections to the following extent upwards—

(a)in the case of the following, to any extent not exceeding 6 metres—

(i)so much of Work No. 1/3B as lies between a point 10,200 metres from its commencement and its termination;

(ii)so much of Work No. 1/4B as lies between its commencement and a point 600 metres from its commencement;

(iii)so much of Work No. 2/1B as lies between its commencement and a point 800 metres from its commencement;

(b)in the case of the remainder of the scheduled works, to any extent not exceeding 3 metres.

(6)In the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, the power of deviation under subsection (5) is subject to the limit so shown.

2Works: further and supplementary provisions

Schedule 2 (which contains further and supplementary provisions about works) has effect.

3Highways

Schedule 3 (which makes provision in relation to highways in connection with the works authorised by this Act) has effect.

4Overhead lines

(1)Section 37(1) of the Electricity Act 1989 (c. 29) (which requires the consent of the Secretary of State to overhead lines) shall not apply in relation to any electric line which—

(a)for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works, or

(b)in pursuance of any of the protective provisions included in this Act,

is installed above land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(2)Schedule 4 (which makes alternative provision for consent in relation to lines to which subsection (1) applies) has effect.

(3)On the revocation or expiry of consent under Schedule 4, the line to which the consent relates shall cease to be a line to which subsection (1) applies.

(4)On granting consent under Schedule 4 to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to be granted for the carrying out of development to which the consent relates, and any ancillary development, subject to such conditions (if any) as may be specified in the direction.

(5)In subsection (4)—

(a)“electricity undertakers” means the holder of a licence under section 6 of the Electricity Act 1989 (c. 29), and

(b)the reference to the appropriate Ministers is to the Secretary of State for Business, Enterprise and Regulatory Reform and the Secretary of State for Transport acting jointly.

Land

5Temporary possession and use

Schedule 5 (which contains provisions about temporary possession and use of land for the purposes of this Act) has effect.

6Acquisition of land within limits shown on deposited plans

(1)The Secretary of State is authorised by this section to acquire compulsorily—

(a)so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail, and

(b)so much of the land so shown within the limits of land to be acquired or used as may be so required.

(2)Without prejudice to the generality of subsection (1), the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part 1 of Schedule 6 as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part of the Schedule as one for which that land may be acquired or used.

(3)Part 2 of Schedule 6 (application of legislation relating to compulsory purchase) and Part 3 of that Schedule (supplementary provisions) have effect.

(4)The power conferred by subsection (1) shall not be exercisable in relation to land the surface of which is comprised in a highway where the land is specified in the table in paragraph 15(2) of Schedule 3.

(5)The power conferred by subsection (1) shall not be exercisable in relation to land specified in the table in paragraph 1(1) of Schedule 5 unless it is also specified in the table in paragraph 11(1) of Schedule 6.

(6)After the end of the period of 5 years beginning with the day on which this Act is passed—

(a)no notice to treat shall be served under Part 1 of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under subsection (1), and

(b)no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), as applied by paragraph 4 of Schedule 6.

(7)The Secretary of State may by order extend the period under subsection (6) in relation to any land.

(8)The Secretary of State may only exercise the power in subsection (7) in relation to any land—

(a)once, and

(b)so as to extend the period under subsection (6) by not more than 5 years.

(9)An order under subsection (7) shall be subject to special parliamentary procedure.

7Acquisition of land not subject to the power under section 6(1)

(1)The Secretary of State may acquire compulsorily land outside the limits of deviation for the scheduled works and the limits of land to be acquired or used which is required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail.

(2)The Secretary of State may acquire compulsorily land within the limits of deviation for the scheduled works or the limits of land to be acquired or used which—

(a)is required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail, and

(b)is not land in relation to which the power conferred by section 6(1) is exercisable.

(3)Subsection (2) shall have effect as if land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule 6, or in columns (1) and (2) of the table in paragraph 10 of that Schedule, were not land in relation to which the power conferred by section 6(1) is exercisable, but the power conferred by subsection (2) shall not be exercisable—

(a)in the case of land specified in the table in paragraph 8, 9 or 12, in relation to the creation and acquisition of any easement or other right over land in relation to the creation and acquisition of which the power under section 6(1) is exercisable;

(b)in the case of land specified in columns (1) and (2) of the table in paragraph 10, in relation to so much of the land as falls within the description specified in relation to it in column (3) of the table;

(c)in the case of land specified in the table in paragraph 11(1) or 12, in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres beneath the level of the surface of the land.

(4)Without prejudice to the generality of subsections (1) and (2), the land which may be compulsorily acquired under those subsections shall include land which is or will be required—

(a)for use in mitigating the effect on the environment of any of the works authorised by this Act,

(b)for use in relocating apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Act, or

(c)for the purpose of being given in exchange for land forming part of a common, open space or fuel or field garden allotment which is acquired under section 6(1).

(5)The power of acquiring land compulsorily under subsection (1) or (2) shall include power to acquire an easement or other right over land by the grant of a new right.

(6)The Acquisition of Land Act 1981 (c. 67) shall apply to the compulsory acquisition of land under subsection (1) or (2); and Schedule 3 to that Act shall apply to a compulsory acquisition by virtue of subsection (5).

(7)Part 1 of the Compulsory Purchase Act 1965 (c. 56), and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of subsection (5) above with the modifications mentioned in paragraph 6(2)(a) and (b) of Schedule 6.

(8)In this section—

8Extinguishment of private rights of way

(1)This section applies to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which is held by the Secretary of State as being required for or in connection with the works authorised by this Act.

(2)All private rights of way over land to which this section applies shall be extinguished—

(a)in the case of land held immediately before the coming into force of this Act, on the coming into force of this Act, and

(b)in the case of land acquired after the coming into force of this Act, at the appropriate time.

(3)Subsection (2) does not apply to—

(a)a right of way over land which, were it held otherwise than by the Secretary of State, would not be capable of being acquired under section 6(1), or

(b)a right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (c. 8) (extinguishment of rights of statutory undertakers etc.) applies.

(4)Subsection (2)(b) does not apply to a right of way that is excepted from the application of that provision by direction of the Secretary of State given before the appropriate time.

(5)Subject to subsection (6), the references in subsections (2)(b) and (4) to the appropriate time are to the time of acquisition.

(6)Where land—

(a)is acquired compulsorily, and

(b)is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (c. 56) (power of entry following notice to treat) is exercised,

the references to the appropriate time are to the time of entry under that provision.

(7)Any person who suffers loss by the extinguishment of any right of way under this section shall be entitled to be compensated by the nominated undertaker.

(8)Any dispute as to a person’s entitlement to compensation under this section, or as to the amount of such compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

9Extinguishment of rights of statutory undertakers etc.

(1)Sections 271 to 273 of the Town and Country Planning Act 1990 (c. 8) (extinguishment of rights of statutory undertakers etc.) shall apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.

(2)In the application of sections 271 to 273 of that Act by virtue of subsection (1), references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.

(3)In their application by virtue of subsection (1), sections 271 and 272 of that Act shall also have effect with the following modifications—

(a)in subsection (2), for the words from “with” to “appropriated” there shall be substituted “authorised by the Crossrail Act 2008”, and

(b)in subsection (5), for the words from “local” to “or undertakers” there shall be substituted “a person other than a Minister, he”.

(4)In the Town and Country Planning Act 1990, any reference to, or to any provision of, section 271, 272 or 273 shall include a reference to, or to that provision of, that section as applied by subsection (1).

(5)In their application by virtue of subsection (4), the following provisions of that Act shall have effect with the following modifications—

(a)in section 274(3), for “local authority or statutory undertaker” there shall be substituted “person”, and

(b)in sections 274(5), 279(2) to (4) and 280(6), references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.

Planning

10Planning: general

(1)Subject to subsection (2), planning permission shall be deemed to be granted under Part 3 of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Act.

(2)In the case of any development authorised by this Act which consists of the carrying out of a work other than a scheduled work, subsection (1) only applies if—

(a)the development is not of a kind in relation to which it is necessary to take environmental information into account before granting planning permission, or

(b)it is development in relation to which information contained in a statement specified for the purposes of this paragraph constituted at the time of the statement’s deposit or publication an environmental statement within the meaning of the EIA regulations.

(3)For the purposes of subsection (2)(a), development is of a kind in relation to which it is necessary to take environmental information into account if—

(a)it is of a description mentioned in Schedule 1 to the EIA regulations, or

(b)it is of a description mentioned in column (1) of the table in Schedule 2 to those regulations and likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

and it is not exempt development within the meaning of those regulations.

(4)The following are the statements specified for the purposes of subsection (2)(b)—

(a)the statement deposited in connection with the Crossrail Bill in the Private Bill Office of the House of Commons in February 2005 in pursuance of Standing Order 27A of the Standing Orders of the House of Commons relating to private business (environmental assessment);

(b)the statements containing additional environmental information published in connection with the Crossrail Bill by the Secretary of State, notice of the publication of which was published in the London Gazette on 27th May 2005, 18th January, 9th May, 8th November 2006 and 16th May 2007.

(5)In relation to development excepted by subsection (2) from the planning permission deemed by subsection (1) to be granted, the EIA regulations shall have effect with the omission, in the definition of “Schedule 2 development” in regulation 2(1), of the words from “where” to the end.

(6)Schedule 7 (which makes provision about planning conditions) has effect in relation to development for which planning permission is deemed by subsection (1) to be granted.

(7)Development for which permission is deemed by subsection (1) to be granted shall be treated as not being development of a class for which planning permission is granted by the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (or any order replacing that order).

(8)Planning permission which is deemed by subsection (1) to be granted shall be treated as specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990 (c. 8) (specific planning permission for the development of statutory undertakers' land relevant to whether the land is operational land).

(9)In this Act, “the EIA regulations” means the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293) (or any regulations replacing those regulations).

11Permitted development: time limit

(1)It shall be a condition of the planning permission deemed by section 10(1) to be granted, so far as relating to development consisting of the carrying out of a scheduled work, that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.

(2)The Secretary of State may, in relation to any development to which the condition imposed by subsection (1) applies, by order extend the period by reference to which the condition operates.

(3)The power conferred by subsection (2) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Nothing in section 91 of the Town and Country Planning Act 1990 (c. 8) (limit on duration of planning permission) shall apply to the planning permission deemed by section 10(1) to be granted.

12Fees for planning applications

(1)The appropriate Ministers may by regulations make provision about fees for relevant planning applications.

(2)Regulations under subsection (1) may in particular—

(a)make provision for the payment to the authority to which a relevant planning application is made of a fee of a prescribed amount;

(b)make provision for the remission or refunding of a prescribed fee (in whole or part) in prescribed circumstances;

(c)make provision for a prescribed fee to be treated as paid in prescribed circumstances;

(d)make provision about the time for payment of a prescribed fee;

(e)make provision about the consequences of non-payment of a prescribed fee, including provision for the termination of the application concerned or any appeal against its refusal;

(f)make provision for the resolution of disputes.

(3)Regulations under subsection (1) may—

(a)make such supplementary, incidental or consequential provision as the appropriate Ministers think fit, and

(b)make different provision for different cases.

(4)The power to make regulations under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Nothing in regulations under section 303 of the Town and Country Planning Act 1990 (fees for planning applications) shall apply to a relevant planning application.

(6)In this section—

13Power to disapply section 10(1)

(1)The Secretary of State may, in relation to any work constructed in exercise of the powers conferred by this Act, by order provide that section 10(1), so far as relating to development consisting of operations for the maintenance or alteration of the work, shall be treated as not applying in relation to operations begun on or after such day as may be specified in the order.

(2)The Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (or any order replacing that order) shall have effect in relation to any development excepted from section 10(1) by subsection (1) as if this Act were a local Act.

(3)Orders under subsection (1) may make different provision for different cases.

(4)The power conferred by subsection (1) shall be exercisable by statutory instrument.

(5)A statutory instrument containing an order under subsection (1) shall be laid before Parliament after being made.

14EIA regulations: replacement development

(1)The EIA regulations shall have effect as if the definition of “EIA development” in regulation 2(1) of the regulations included any development not included in paragraph (a) or (b) of the definition which—

(a)consists of the construction of a building in place of a building demolished, or substantially demolished, in exercise of the powers conferred by this Act,

(b)is not development for which planning permission is deemed by section 10(1) to be granted,

(c)is development in relation to which the first or second condition is met, and

(d)is not exempt development within the meaning of those regulations.

(2)The first condition is that the building which the development replaces is specified in the following table.

AreaBuilding
City of Westminster

4-18 (even) Bishops Bridge Road

191-195 (odd) Praed Street

354-358 (even) Oxford Street

1 Marylebone Lane

65 Davies Street

18 and 19 Hanover Square

1a Tenterden Street

3 and 9 Diadem Court

9-12 (odd and even) Great Chapel Street

93 to 96 (odd and even) Dean Street

2 and 3 Fareham Street

91-101 (odd) Oxford Street

1-8 (odd and even) Great Chapel Street

97-102 (odd and even) Dean Street

6 and 7 Fareham Street

1-15 (odd) Oxford Street

157-167 (odd) Charing Cross Rd (including the Astoria Theatre)

1-6 (odd and even) Falconberg Court

135a-155 (odd) Charing Cross Road

12 Sutton Row

12 Goslett Yard

London Borough of Camden

138-146 (even) Charing Cross Road

2 Fisher Street

2-6 (even) Catton Street and 1 Fisher Street

8 and 10 Southampton Row

London Borough of Islington

2a-12 (even) Farringdon Road and 48-53 (odd and even) Cowcross Street (Cardinal House)

38-42 (even) Charterhouse Street

City of London

2-5 Lindsey Street (odd and even) (including Smithfield House)

54-64 (even) Charterhouse Street

8 and 9 Hayne Street

20-23 (odd and even) Long Lane

33-37 (odd and even) Charterhouse Square

91-109 (odd) Moorgate

12-24 (even) Moorfields

11 and 12 Blomfield Street

London Borough of Tower Hamlets

68-80 (even) Hanbury Street (Britannia House)

80-102 (even) Hanbury Street

London Borough of Greenwich12, 14, 15, and 16 Gunnery Terrace

(3)The second condition is that the development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

(4)In this section, “building” includes any structure.

15Extension of permitted development rights

(1)Article 3(10) of the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (exception from permission in case of development for which environmental assessment required) shall not apply to development—

(a)which falls within a class of development described in Part 15, 16, 17, 24 or 25 of Schedule 2 to that Order as permitted development, and

(b)in relation to which information contained in a statement specified for the purposes of this paragraph constituted at the time of the statement’s deposit or publication an environmental statement within the meaning of the EIA regulations.

(2)The following are the statements specified for the purposes of subsection (1)(b)—

(a)the statement deposited in connection with the Crossrail Bill in the Private Bill Office of the House of Commons in February 2005 in pursuance of Standing Order 27A of the Standing Orders of the House of Commons relating to private business (environmental assessment);

(b)the statements containing additional environmental information published in connection with the Crossrail Bill by the Secretary of State, notice of the publication of which was published in the London Gazette on 27th May 2005, 18th January, 9th May, 8th November 2006 and 16th May 2007.

(3)Schedule 8 (which contains supplementary provisions) has effect.

Heritage

16Disapplication and modification of controls

(1)Schedule 9 (which makes provision for the disapplication or modification, in relation to authorised works, of controls relating to listed buildings, buildings in conservation areas and ancient monuments etc.) has effect.

(2)The Secretary of State may by order make any provision specified in subsection (3) in relation to any work constructed in exercise of the powers conferred by this Act.

(3)The provision referred to in subsection (2) is—

(a)provision that paragraphs 1(1)(a) and 2(1)(a) of Schedule 9 shall not apply in relation to any relevant works;

(b)provision that paragraphs 1(1)(b) to (d) and 2(1)(b) to (d) of that Schedule shall not apply in relation to any proposed relevant works;

(c)provision that paragraph 1(4) of that Schedule shall not apply in relation to any demolition of a building undertaken in connection with any relevant works;

(d)provision that paragraph 3 of that Schedule shall not apply in relation to any relevant works;

(e)provision that paragraph 4(2) of that Schedule shall not apply in relation to any relevant works;

(f)provision that paragraph 4(3) of that Schedule shall not apply in relation to any land used for or in connection with the carrying out of any relevant works;

(g)provision that paragraph 4(8)(a) and (b) of that Schedule shall not apply in relation to any relevant works;

(h)provision that paragraph 4(10) and (11) of that Schedule shall not apply in relation to any operations carried out in exercise of the powers conferred by this Act which are, or are carried out in connection with, relevant works;

(i)provision that paragraph 4(12) of that Schedule shall not apply in relation to any use of a metal detector for the purposes of or in connection with any relevant works;

(j)provision that paragraph 4(13) of that Schedule shall not apply in relation to any removal of objects discovered by any such use;

(k)provision that paragraph 5(1) of that Schedule shall not apply in relation to any land used, or intended for use, for or in connection with the carrying out of any relevant works;

(l)provision that paragraph 5(3) of that Schedule shall not apply in relation to any land on which relevant works are being carried out.

(4)In this section—

(5)Orders under subsection (2) may make different provision for different cases.

(6)The power conferred by subsection (2) shall be exercisable by statutory instrument.

(7)A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made.

17Rights of entry

Schedule 10 (which makes provision about rights of entry for the Historic Buildings and Monuments Commission for England) has effect.

Trees

18Power to deal with trees on neighbouring land

(1)Where any tree overhangs land used for the purposes of Crossrail or otherwise for the purposes of works authorised by this Act, the nominated undertaker may by notice to the occupier of the land on which the tree is growing require the tree to be removed, topped or lopped if it is necessary for that to be done—

(a)to enable works authorised by this Act to be maintained, or

(b)for reasons of safety in connection with the operation of Crossrail.

(2)The person to whom a notice under subsection (1) is given may object to the notice by giving the nominated undertaker a counter-notice to that effect before the end of the period of 28 days beginning with the day on which the notice under subsection (1) is given.

(3)If a counter-notice is given under subsection (2), the notice under subsection (1) shall have no effect unless confirmed by an order of the county court.

(4)The nominated undertaker may carry out the works required by a notice under subsection (1) if the notice has been in effect for a continuous period of at least 28 days and has not been complied with.

(5)Where the power conferred by subsection (4) is exercisable, the nominated undertaker may—

(a)enter the land on which the tree concerned is growing, for the purpose of exercising the power in relation to it, and

(b)take with it such vehicles and equipment as are necessary for that purpose.

(6)If the nominated undertaker tops or lops a tree in exercise of the power conferred by subsection (4), it shall do so in a husbandlike manner and in such a way as to cause the minimum of damage to the tree.

(7)On application by a person who—

(a)has incurred expenses in complying with a notice under subsection (1), or

(b)has suffered any loss or damage in consequence of the carrying out of works required by such a notice,

the county court shall order the nominated undertaker to pay him such compensation in respect of the loss, damage or expenses as it thinks fit.

19Disapplication of controls

(1)Neither of the following shall apply to tree works which are authorised for the purposes of this section—

(a)an order under section 198(1) of the Town and Country Planning Act 1990 (c. 8) (tree preservation orders), and

(b)section 211(1) and (5) of that Act (preservation of trees in conservation areas).

(2)Tree works are authorised for the purposes of this section if—

(a)they are required by a notice under section 18(1),

(b)they are carried out, for the purposes of or in connection with the construction of the works authorised by this Act, in relation to a tree growing on land within the relevant limits, or

(c)they are carried out in relation to a tree growing on land used for the purposes of or in connection with Crossrail and are necessary to enable the works authorised by this Act to be maintained or for reasons of safety in connection with the operation of any railway used for the purposes of or in connection with Crossrail.

(3)In this section, references to tree works are to works consisting of the removal, topping or lopping of a tree.

Noise

20Control of construction sites: appeals

(1)In the Control of Pollution Act 1974 (c. 40), sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) shall have effect, in relation to works carried out in exercise of the powers conferred by this Act, with the following modifications.

(2)In subsection (7) (appeal against failure to give consent or the giving of qualified consent), for “a magistrates' court” there shall be substituted “the Secretary of State”.

(3)After that subsection there shall be inserted—

(7A)If within seven days of the giving of notice of appeal under subsection (7) of this section the appellant and the local authority so agree, the appeal shall, instead of being determined by the Secretary of State, be referred to arbitration.

(4)The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly may, in relation to appeals which are referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974 (c. 40), by regulations made by statutory instrument make any such provision as may be made by regulations under section 70 of that Act in relation to appeals under Part 3 of that Act to the Secretary of State.

(5)A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

21Proceedings in respect of statutory nuisance: defence

(1)Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (c. 43) (summary proceedings by person aggrieved by statutory nuisance) in relation to—

(a)a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises), or

(b)a nuisance falling within paragraph (ga) of that provision (noise emitted by vehicle, machinery or equipment in a street),

no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that subsection (2) applies.

(2)This subsection applies if—

(a)the nuisance relates to premises or, as the case may be, to a vehicle, machinery or equipment, used by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works, and

(b)the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974.

(3)The following provisions of the Control of Pollution Act 1974—

(a)section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and

(b)section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),

shall not apply where the consent relates to the use of premises or, as the case may be, of a vehicle, machinery or equipment by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works.

Railway matters

22Objective of ORR in relation to Crossrail

(1)The list of objectives in section 4(1) of the Railways Act 1993 (c. 43) (objectives of Office of Rail Regulation and Secretary of State) shall be treated, in relation to the Office of Rail Regulation only, as including the objective of facilitating the construction of Crossrail.

(2)The Office of Rail Regulation shall consult the Secretary of State about the duty under section 4(1) of the Railways Act 1993 (c. 43) (as modified by subsection (1)).

(3)This section shall cease to have effect on such day as the Secretary of State may by order made by statutory instrument specify.

(4)A statutory instrument containing an order under subsection (3) shall be laid before Parliament after being made.

23Duty of ORR to publish reports

(1)The Office of Rail Regulation shall from time to time publish a report on—

(a)what it has done, or proposes to do, to further the objective given to it under section 22;

(b)how it has exercised or proposes to exercise its functions in connection with the operation of Crossrail passenger services.

(2)The Office of Rail Regulation shall publish a report under subsection (1) if at any time the Secretary of State requires it to do so.

(3)The Office of Rail Regulation shall have regard to a report under this section in the exercise of any of its functions to which that report is relevant.

(4)In this section, “Crossrail passenger service” means a service for the carriage of passengers by railway on a line the whole of which, or part of which, forms part of the railway mentioned in section 1(1)(a).

(5)This section shall cease to have effect on such day as the Secretary of State may by order made by statutory instrument specify.

(6)A statutory instrument containing an order under subsection (5) shall be laid before Parliament after being made.

24Licensing

(1)Section 6(1) of the Railways Act 1993 (which prohibits any person from acting as the operator of a railway asset unless authorised by a licence under section 8 of that Act) shall not apply in relation to—

(a)any network constructed in exercise of the powers conferred by this Act which is not yet ready for commercial use, or

(b)any train being used on any such network.

(2)For the purposes of subsection (1)(a), a network shall be taken to be ready for commercial use only if the Secretary of State has laid before Parliament notice of his determination that it is ready for such use.

(3)Any expression used in this section and Part 1 of the Railways Act 1993 has the same meaning in this section as it has in that Part.

25Award of Crossrail franchises to public-sector operators

(1)Section 25 of the Railways Act 1993 (c. 43) (public-sector operators not to be franchisees) does not apply in relation to the franchisee in respect of a franchise agreement—

(a)which relates wholly or mainly to the provision of one or more Crossrail passenger services, or

(b)which relates wholly or mainly to the provision of one or more other services for the carriage of passengers by railway where—

(i)the services run wholly or partly on the route of Crossrail, and

(ii)the services are likely to be subject to substantial disruption because of the construction of Crossrail.

(2)The following may in particular be taken into account in determining whether, for the purposes of subsection (1)(b), services are likely to be subject to substantial disruption—

(a)the frequency with which the services are likely to be disrupted;

(b)the duration of the period in which the services are likely to be disrupted (and, in particular, its duration relative to the length of the franchise term);

(c)the severity of any likely disruption.

(3)In this section—

26Disapplication of franchising and access exemptions

(1)The Secretary of State may by order amend, or revoke provisions of, the Heathrow Express Order

(a)for the purpose of restricting or ending an exemption granted by a relevant provision,

(b)for the purpose of adding to the conditions subject to which such an exemption is granted, or

(c)for the purpose of making such a condition more onerous.

(2)For the purposes of subsection (1), each of the following is a “relevant provision”—

(3)Where exercise of the power under subsection (1) has effect to end an exemption granted by article 3(1) of the Heathrow Express Order in relation to any track, station or depot, the Secretary of State may by order—

(a)make provision for, or in connection with, treating as void—

(i)every access contract, including one entered into before the making of the order, where the permission concerned is permission to use that facility, or

(ii)a contract such as is mentioned in sub-paragraph (i) if it is specified in the order or is of a description so specified;

(b)provide for exceptions to any provision made under paragraph (a).

(4)The powers—

(a)under subsection (1), so far as relating to an exemption granted by article 3(1) of the Heathrow Express Order, and

(b)under subsection (3)(a),

are exercisable only for the purpose of, or for purposes that include, facilitating Crossrail passenger services.

(5)The powers under subsection (1), so far as relating to an exemption granted by article 4(1) of the Heathrow Express Order, are exercisable only for, or for purposes that include, either or both of the following—

(a)facilitating Crossrail passenger services, and

(b)enabling Crossrail passenger services to be designated under section 23(1) of the Railways Act 1993 (c. 43) (services which ought to be provided under franchise agreements).

(6)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section—

27Closures

(1)If the Secretary of State considers that discontinuance falling within any of the closure provisions of the Railways Act 2005 is necessary or expedient because of the operation of Crossrail or the carrying out of any of the works authorised by this Act, he may direct that those provisions shall be treated as not applying to it.

(2)The reference in subsection (1) to the closure provisions of the Railways Act 2005 is to—

28Key system assets

(1)Section 216(1)(b) of the Greater London Authority Act 1999 (c. 29) (consent of Transport for London required for creation etc. of interests in, or rights over, assets designated as key system assets in connection with certain railway-related public-private partnership agreements) shall not apply in relation to—

(a)the creation of an interest in, or right over, a key system asset, or

(b)an agreement to create an interest in, or right over, a key system asset,

if the interest or right is, or is to be, created in order to facilitate any of the matters mentioned in subsection (2).

(2)Those matters are—

(a)the construction of the railway mentioned in section 1(1)(a);

(b)the maintenance of that railway;

(c)the operation of services for the carriage of passengers or goods by railway on a line the whole of which, or part of which, forms part of that railway.

(3)In this section “key system asset” has the meaning given by section 213(1) of the Greater London Authority Act 1999 (c. 29).

29Power to designate persons as “protected railway companies”

(1)The Secretary of State may, with the consent of a company to which this subsection applies, by order make provision for the company to be treated as a protected railway company for the purposes of Part 1 of the Railways Act 1993 (c. 43).

(2)Subsection (1) applies to a company if—

(a)it is a private sector operator and it has, for the time being, the management of a railway facility that is or is part of, or is associated with, the railway mentioned in section 1(1)(a), or

(b)it is a private sector operator and it owns, or has rights in relation to, such a railway facility.

(3)The power to make an order under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In this section “private sector operator” and “railway facility” have the same meanings as in Part 1 of the Railways Act 1993.

30Duty to co-operate

(1)Where the nominated undertaker considers that a matter affects—

(a)the construction, maintenance or operation of Crossrail, and

(b)the construction, maintenance or operation of a railway asset which is not a Crossrail asset,

it may by notice in writing require a controller of the asset to enter into an agreement with it about how the matter is to be dealt with.

(2)Where a controller of a railway asset which is not a Crossrail asset considers that a matter affects—

(a)the construction, maintenance or operation of the asset, and

(b)the construction, maintenance or operation of Crossrail,

it may by notice in writing require the nominated undertaker to enter into an agreement with it about how the matter is to be dealt with.

(3)The terms of an agreement under subsection (1) or (2) shall be such as the nominated undertaker and the controller of the asset may agree or, in default of agreement, as may be determined by arbitration.

(4)For the purposes of subsections (1) and (2), a railway asset is a Crossrail asset if—

(a)in the case of a railway asset consisting of any network, station or light maintenance depot, it is comprised in Crossrail, and

(b)in the case of a railway asset consisting of any train being used on a network, the network is comprised in Crossrail.

(5)Subsections (1) and (2) do not apply in relation to—

(a)a matter which pursuant to any enactment must or may be dealt with by the Office of Rail Regulation, or

(b)a matter relating to an agreement which pursuant to any provision of that or any other agreement must or may be dealt with by the Office of Rail Regulation.

(6)In this section—

31Arbitration after referral under section 30(3)

(1)This section applies where a difference is referred under section 30(3) to arbitration.

(2)The parties must notify the Secretary of State of the referral without delay after the commencement of the arbitral proceedings.

(3)The Secretary of State may, on request or otherwise, direct the arbitrator as to results that are to be achieved by the agreement for which terms are to be determined by the arbitration.

(4)A direction under subsection (3) may be made even though the making of the direction affects the outcome of proceedings to which the Secretary of State himself, or a body in which he has an interest, is a party.

(5)A request for a direction under subsection (3) may be made by the arbitrator (as well as by a party).

(6)For the purpose of determining whether or not the arbitrator has to comply with a direction under subsection (3), the rule is that he must comply with the direction in determining terms of the agreement if the direction—

(a)is relevant to the determination of those terms, and

(b)is given to him before he has made his award determining those terms.

(7)For the purpose of determining what the arbitrator has to do to comply with a direction under subsection (3) with which he has to comply, the rule is that he must carry out his function of determining terms of the agreement so as to secure, so far as is reasonably practicable, that the results concerned are achieved by the agreement.

32Arbitration under section 30(3): multiple proceedings

(1)The Secretary of State may, on request or otherwise, direct—

(a)that a group of proceedings is to be consolidated, or

(b)that concurrent hearings are to be held in a group of proceedings.

(2)In subsection (1) “group of proceedings” means a group consisting of—

(a)section 30(3) proceedings, and

(b)any one or more of the following—

(i)other section 30(3) proceedings,

(ii)arbitral proceedings related to the proceedings mentioned in paragraph (a), and

(iii)arbitral proceedings related to section 30(3) proceedings that are to be consolidated with the proceedings mentioned in paragraph (a).

(3)A request for a direction under subsection (1) may be made by the arbitrator or any of the arbitrators (as well as by a party).

(4)A direction under subsection (1) shall specify the terms on which the proceedings are to be consolidated or on which concurrent hearings are to be held.

(5)Where a direction under subsection (1) provides for the consolidation of proceedings that do not all have the same arbitrator, the terms that may be specified in the direction include (in particular)—

(a)terms specifying the person who is to be the arbitrator in the consolidated proceedings;

(b)terms under which that person is to be determined.

(6)For the purposes of this section—

(a)“section 30(3) proceedings” means proceedings on arbitration of a difference referred under section 30(3), and

(b)arbitral proceedings are “related” to section 30(3) proceedings if—

(i)the arbitral proceedings are not section 30(3) proceedings,

(ii)at least one of the parties to the arbitral proceedings is also a party to the section 30(3) proceedings, and

(iii)the Secretary of State considers that the subject-matter of the arbitral proceedings is connected with the subject-matter of the section 30(3) proceedings.

33Transfer of functions relating to works

(1)If the Secretary of State acquires any land for the purposes of this Act from a railway operator and there are situated on the land works authorised by statute, he may by order provide for the transfer to himself, or to a person specified under section 39, of any statutory power or duty relating to the works previously exercisable by the railway operator.

(2)The Secretary of State may by order provide for the further transfer to himself, or to a person specified under section 39, of a power or duty transferred under subsection (1) or this subsection.

(3)If a railway operator acquires from the Secretary of State any land on which there are situated works authorised by this Act, the Secretary of State may, with the consent of the railway operator, by order provide for the transfer to the railway operator of any duty under this Act relating to the works.

(4)An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.

(5)In subsections (1) and (3), references to a railway operator are to a person who has the management for the time being of any network, station or light maintenance depot.

(6)In this section, “light maintenance depot”, “network” and “station” have the same meanings as in Part 1 of the Railways Act 1993 (c. 43).

34Application of section 122 of the Railways Act 1993

For the purposes of section 122 of the Railways Act 1993 (under which availability of the defence of statutory authority depends on the operator of a railway asset being the holder of a licence under section 8 of that Act or having the benefit of a licence exemption) a person who has the benefit of exemption under section 24(1) shall be treated as having the benefit of an exemption granted under section 7 of that Act.

35Application of other railway legislation

Schedule 11 (application of railway legislation) has effect.

Transfers

36Transfer schemes

Schedule 12 (power of Secretary of State to make schemes to transfer property, rights and liabilities from Cross London Rail Links Limited, the Greater London Authority, the London Development Agency or Transport for London, their wholly-owned subsidiaries, the Secretary of State or companies wholly owned by the Secretary of State) has effect.

37Transfer schemes: tax provisions

Schedule 13 (tax provisions relating to transfer schemes) has effect.

38Application of Greater London Authority Act 1999

(1)This section applies where—

(a)Transport for London or a subsidiary of Transport for London enters into an agreement or arrangements with the Secretary of State (alone or with other persons), and

(b)for purposes connected with Crossrail, provision is made in the agreement or arrangements for the transfer of any property, rights or liabilities of Transport for London or a subsidiary of Transport for London to the Secretary of State or a company which is wholly owned by the Secretary of State.

(2)Sections 154(3) and 155(1) of the 1999 Act shall not prevent or restrict, or authorise the prevention or restriction of, the discharge by Transport for London, or any subsidiary of Transport for London, of its functions in accordance with the provision referred to in subsection (1)(b).

(3)Consent is not required—

(a)under subsection (1) of section 163 of the 1999 Act for any disposal of a freehold interest in land, or grant of a leasehold interest in land, which is made in accordance with the provision referred to in subsection (1)(b), or

(b)under subsection (2) of that section for any transaction so made.

(4)In subsection (1)(b)—

(a)the reference to the transfer of any property includes the creation of an interest in, or right in relation to, the property, and

(b)the reference to a company wholly owned by the Secretary of State is to be construed in accordance with the provision made by paragraph 3(2) of Schedule 12.

(5)In this section—

Nominated undertaker

39Holder of functions of nominated undertaker

(1)The Secretary of State may by order—

(a)provide that a person specified in the order shall be the nominated undertaker for such purposes of such provisions of this Act as may be so specified;

(b)provide, in relation to any provision under paragraph (a), that the provision shall cease to have effect in such circumstances as may be specified in the order.

(2)Where, in the case of any provision of this Act which refers to the nominated undertaker, there is any purpose of the provision for which there is no one who is the nominated undertaker under subsection (1), any reference in the provision to the nominated undertaker shall be construed, in relation to that purpose, as a reference to the Secretary of State.

(3)The Secretary of State may fetter the exercise of his discretion under subsection (1) by agreement with—

(a)the Mayor of London, or

(b)a person who is, or is proposed to be, specified in an order under that subsection.

(4)Before exercising the power under subsection (1) or (3)(b), the Secretary of State shall consult the Mayor of London.

(5)Subsection (4) does not apply to exercise of the power under subsection (1) in accordance with an agreement under subsection (3).

(6)The Secretary of State may by order make such modifications of any provision of this Act referring to the Secretary of State, so far as applying for a purpose in relation to which subsection (2) has effect, as appear to him to be necessary or expedient in consequence of his having functions by virtue of that subsection.

(7)An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.

(8)The power to make an order under this section shall be exercisable by statutory instrument.

(9)A statutory instrument containing an order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Miscellaneous

40Disapplication and modification of miscellaneous controls

Schedule 14 (which makes provision for the disapplication and modification of miscellaneous statutory and other controls in relation to things done under this Act and otherwise for the purposes of this Act) has effect.

41Burial grounds

(1)Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Act.

(2)Subsection (1) shall not apply in relation to land in which human remains are interred unless—

(a)the remains have been removed and reinterred or cremated in accordance with the provisions of Schedule 15, and

(b)any monument to the deceased has been dealt with in accordance with those provisions.

(3)Subsection (2) shall not apply where the use of the land for the purpose mentioned in subsection (1) does not involve disturbing the human remains which are interred in it.

(4)In this section (and Schedule 15)—

(a)“enactment” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament;

(b)“monument” includes a tombstone or other memorial;

(c)references to a monument to any person are to a monument commemorating that person, whether or not also commemorating any other person.

42Application of landlord and tenant law

(1)No enactment or rule of law regulating the rights and obligations of landlords and tenants shall apply, in relation to the rights and obligations of the parties to a lease granted by the Secretary of State in pursuance of a development agreement—

(a)so as to exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter,

(b)so as to confer or impose on either party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease, or

(c)so as to restrict the enforcement (whether by action for damages or otherwise) by either party to the lease of any obligation of the other party under the lease.

(2)In subsection (1), references to a lease granted by the Secretary of State in pursuance of a development agreement include any provisions of a development agreement providing for the grant of a lease of any land by the Secretary of State.

(3)In this section, “development agreement” means an agreement to which the Secretary of State is a party and under which another party has responsibilities in relation to the design, construction, financing or maintenance of Crossrail.

43Disposal of Crown land

(1)The Secretary of State may grant—

(a)a lease of land to which subsection (2) applies, or

(b)an easement or other right over such land,

for such period, for such consideration (if any) and otherwise on such terms as the Secretary of State thinks fit.

(2)This subsection applies to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which—

(a)is subject to management under section 22 of the Crown Lands Act 1851 (c. 42) (which relates to the management of royal parks etc.), and

(b)appears to the Secretary of State to be required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail.

(3)Section 3(1) and (2) of the Crown Estate Act 1961 (c. 55) (limitations on Crown Estate Commissioners' powers of disposal in relation to land under their management) shall not apply in relation to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which appears to the Crown Estate Commissioners to be required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail.

44Prohibitions or restrictions on land use imposed for Crossrail purposes

(1)This section applies where—

(a)a prohibition of or restriction on the use of land is imposed by a covenant or agreement between a person interested in the land (“the promisor”) and the Secretary of State, and

(b)the covenant or agreement is made for purposes connected with Crossrail.

(2)The Secretary of State may enforce the prohibition or restriction against persons deriving title from or under the promisor in respect of land to which it relates as if—

(a)the Secretary of State were possessed of adjacent land, and

(b)the covenant or agreement had been expressed to be made for the benefit of such land.

(3)Section 2(c) of the Local Land Charges Act 1975 (c. 76) (under which a prohibition or restriction enforceable by a Minister of the Crown under a covenant or agreement is not a local land charge if binding on successive owners because made for the benefit of land of the Minister) shall not apply to the prohibition or restriction.

45Compensation for injurious affection

Section 10(1) of the Compulsory Purchase Act 1965 (c. 56) (compensation for injurious affection) shall have effect, in relation to land injuriously affected by the execution of works under this Act, with the substitution for “acquiring authority have” of “nominated undertaker has”.

46Compensation for water abstraction

(1)Section 48A(1) of the Water Resources Act 1991 (c. 57) (duty not to cause loss or damage to another by the abstraction of water) shall not apply in relation to the abstraction of water in connection with the exercise of the powers conferred by this Act.

(2)Where—

(a)the nominated undertaker causes loss or damage to another person by the abstraction of water in connection with the exercise of the powers conferred by this Act, and

(b)the circumstances are such that causing the loss or damage would have constituted breach of the duty under section 48A(1) of the Water Resources Act 1991, but for subsection (1),

it shall compensate the other person for the loss or damage.

(3)Compensation under subsection (2) shall be assessed on the same basis as damages for breach of the duty under section 48A(1) of the Water Resources Act 1991.

(4)Section 48A(5) of the Water Resources Act 1991 (prohibition of claims in respect of loss or damage caused by abstraction of water which are not claims under that section) has no application to claims under this section or Part 3 of Schedule 17.

(5)In this section, “abstraction” has the same meaning as in the Water Resources Act 1991.

47Temporary possession agreements

(1)This section applies where the Secretary of State and an owner of land subject to the power under section 6(1) enter into an agreement which provides for the owner’s interest in the land to be subject to paragraph 1 of Schedule 5.

(2)This Act shall have effect as if the table in paragraph 1(1) of Schedule 5 contained an entry in which—

(a)column (1) specified such works as the agreement may provide or, in the absence of such provision, any of the works authorised by this Act,

(b)columns (2) and (3) specified the land to which the agreement relates, and

(c)column (4) specified such purpose as the agreement may provide or, in the absence of such provision, any purpose connected with the works authorised by this Act or otherwise connected with Crossrail.

(3)In their application by virtue of subsection (2), paragraphs 1(1)(b) and (3) to (7) and 2 of Schedule 5, so far as relating to the owner’s interest in the land, shall have effect with such modifications as the agreement may provide.

(4)In its application by virtue of subsection (2), paragraph 1 of Schedule 5 shall have effect as if for sub-paragraph (2) there were substituted—

(2)Not less than 3 months before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land—

(a)of its intention to do so, and

(b)stating that section 47 applies and explaining its effect.

(5)Subsection (4) shall not apply where the land which it is proposed to enter upon and take possession of is occupied by virtue of the interest which is the subject of the agreement.

(6)Where the power under paragraph 1(1)(a) of Schedule 5 is exercised in relation to land to which the agreement relates, this Act shall have effect in relation to interests in the land which are not the subject of an agreement by virtue of which this section applies as if—

(a)section 6(5) and (6)(a), paragraphs 1(4) and (5), 2 and 5(3) and (4) of Schedule 5 and paragraph 3(3) of Schedule 6 had not been enacted,

(b)notice to treat had been given under section 5 of the Compulsory Purchase Act 1965 (c. 56), and notice of entry had been given under section 11(1) of that Act, in respect of the land on the day on which notice was given of intention to exercise the power under paragraph 1(1)(a) of Schedule 5 in relation to it, and

(c)possession of the land had been taken under section 11(1) of the Compulsory Purchase Act 1965 on the day on which the power under paragraph 1(1)(a) of Schedule 5 was exercised in relation to it.

(7)The agreement may be amended or revoked by an agreement between the Secretary of State and the owner of the interest to which the agreement relates.

(8)Where the agreement is amended under subsection (7), subsections (2), (3) and (5) to (7) shall have effect as if references to the agreement were references to the agreement as amended.

(9)Where the agreement is revoked under subsection (7), this section shall cease to apply by virtue of the agreement.

(10)The agreement, and any variation of it under subsection (7), shall be a local land charge.

(11)An agreement which—

(a)has been entered into before the day on which this Act is passed, and

(b)is in force immediately before that day,

shall be treated for the purposes of this section as having been entered into on that day.

(12)In this section “owner”, in relation to any land, includes a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term of which does not exceed 3 years.

48Application of Act to extensions

(1)Subsection (2) applies to an order under section 1 of the Transport and Works Act 1992 (c. 42) (orders as to railways etc.) which relates to—

(a)an extension of Crossrail, or

(b)the provision, otherwise than as part of an extension of Crossrail, of a railway facility for use for the purposes of or in connection with Crossrail.

(2)An order to which this subsection applies may apply any provision of this Act, with any modifications, in relation to anything authorised by the order, so far as relating to a matter mentioned in subsection (1)(a) or (b).

(3)An order under section 1 of the Transport and Works Act 1992 which relates to an extension of Crossrail may also provide for any provision of this Act to have effect as if Crossrail included the extension.

(4)The following provisions are excepted from the power conferred by subsection (2)—

(5)In subsection (1)(b), “railway facility” has the same meaning as in Part 1 of the Railways Act 1993 (c. 43).

49Reinstatement of discontinued facilities

Schedule 16 (which authorises the reinstatement of discontinued facilities and makes provision with respect to planning conditions) has effect.

50Protection of interests

Schedule 17 has effect for protecting the interests of the bodies and persons specified in that Schedule (being bodies and persons who may be affected by other provisions of this Act).

51Power to devolve functions of Secretary of State

(1)The Secretary of State may by order provide for a reference in a qualifying provision of this Act to the Secretary of State to have effect as a reference—

(a)to the Greater London Authority,

(b)to Transport for London, or

(c)to the Greater London Authority and Transport for London.

(2)The Secretary of State may fetter the exercise of his discretion under subsection (1) by agreement with the Mayor of London or Transport for London.

(3)An order under subsection (1) may—

(a)make provision applying for all purposes or for one or more particular purposes;

(b)contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.

(4)The provision which may be made by virtue of subsection (3)(b) includes provision modifying any provision of this Act.

(5)The power to make an order under subsection (1) shall be exercisable by statutory instrument.

(6)A statutory instrument containing an order under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)The following provisions of this Act are qualifying provisions for the purposes of subsection (1)—

52Correction of deposited plans

(1)If the deposited plans or the book of reference to those plans are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Secretary of State, after giving not less than 10 days' notice to the owners and occupiers of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference.

(2)If on such application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices shall certify accordingly and shall in their certificate state in what respect a matter is misstated or wrongly described.

(3)A certificate under subsection (2) shall be deposited in the office of the Clerk of the Parliaments and a copy of it shall be deposited—

(a)in the Private Bill Office of the House of Commons, and

(b)with the proper officer of each local authority in whose area the land to which the certificate relates is situated.

(4)Upon deposit of a certificate in accordance with subsection (3), the deposited plans or the book of reference shall be deemed to be corrected according to the certificate and it shall be lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or book of reference had always been in the corrected form.

(5)A copy certificate deposited under subsection (3) shall be kept with the documents to which it relates.

(6)A justice of the peace may act under this section in relation to land which is partly in one area and partly in another if he may act in respect of land in either area.

(7)In this section—

53Service of documents

(1)Any document required or authorised to be served on any person under this Act may be served—

(a)by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address,

(b)if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of that body, or

(c)if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having control or management of the partnership business.

(2)For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a)in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body;

(b)in the case of service on a partnership or a partner or a person having control or management of a partnership business, it shall be the address of the principal office of the partnership.

(3)For the purposes of subsection (2), the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.

(4)If a person to be served under this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he, or someone on his behalf, will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of section 7 of the Interpretation Act 1978 in its application to this section.

(5)Where a document is required or authorised to be served under this Act on a person in his capacity as the owner of an interest in, or occupier of, any land and his name or address cannot be ascertained after reasonable enquiry, the document may be served by addressing it to him by name or by the description of “owner” or “occupier”, as the case may be, of the land and—

(a)leaving it with a person who is, or appears to be, resident or employed on the land, or

(b)leaving it conspicuously affixed to some building or object on or near the land.

(6)In this section, “secretary”, in relation to a local authority within the meaning of the Local Government Act 1972 (c. 70), means the proper officer within the meaning of that Act.

54Arbitration

(1)Where under this Act any difference is to be referred to arbitration, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.

(2)Subsection (3) applies where—

(a)a party has under subsection (1) applied for the arbitrator to be appointed by the President of the Institution of Civil Engineers, and

(b)the President notifies either of the parties that he is not going to appoint an arbitrator under subsection (1).

(3)In default of agreement between the parties as to who in the circumstances should be the arbitrator, the arbitrator is to be appointed on the application of either party, after notice in writing to the other, by the Office of Rail Regulation.

(4)The Office of Rail Regulation may under subsection (3) appoint as the arbitrator a member or employee of that Office.

(5)The Secretary of State for Communities and Local Government and the Secretary of State for Transport acting jointly may by rules made by statutory instrument make provision about procedure in relation to arbitration under this Act.

(6)A statutory instrument containing rules under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Final

55“Deposited plans”, “deposited sections”

(1)In this Act, “deposited plans” and “deposited sections” mean, respectively, the plans and sections deposited in connection with the Crossrail Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.

(2)The plans and sections referred to in subsection (1) are—

(a)those deposited in February 2005, as altered by replacement Sheets Nos. 11, 17, 23, 43, 44, 113, 114, 152, 158, 180, 181 and 193 deposited in January 2006, replacement Sheets Nos. 4, 26, 33, 46, 48, 102, 155, 156, 180 and 206 deposited in May 2006, replacement Sheets Nos. 1 to 6, 9, 10, 13, 17, 21, 22, 25, 32, 47, 59 to 62, 70, 86, 112, 121, 128 to 130 and 162 to 164 deposited in November 2006, replacement Sheets Nos. 30 to 37 and 169 to 174 deposited in May 2007 and consolidated replacement Sheets Nos. 14, 15, 155 and 156 deposited in July 2007,

(b)Sheet No. 244 deposited in January 2006,

(c)Sheets Nos. 25a, 246 to 257 and 259 to 275 deposited in November 2006, and

(d)consolidated replacement Sheet No. 245 deposited in July 2007.

56Interpretation

(1)In this Act—

(2)References in this Act to Crossrail are to a railway transport system running from Maidenhead, in the County of Berkshire, and Heathrow Airport, in the London Borough of Hillingdon, through central London to Shenfield, in the County of Essex, and Abbey Wood, in the London Borough of Greenwich.

(3)References in this Act to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(4)References in this Act to the nominated undertaker shall be construed in accordance with section 39.

(5)In this Act—

(a)a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans;

(b)a reference to a work identified by numbers (or numbers and a letter) is a reference to the scheduled work of those numbers (or those numbers and letter);

(c)any reference in any description of works, powers or land to area, distance, length or direction, or to a particular location, shall be construed as if qualified by the words “or thereabouts”;

(d)reference to distance, in relation to points on a road or railway, is to distance measured along the centre line of the road or railway.

(6)For the purposes of this Act, the level of the surface of land shall be taken—

(a)in the case of land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b)in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

57Financial provisions

There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by the Secretary of State in consequence of this Act, and

(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

58Short title

This Act may be cited as the Crossrail Act 2008.

SCHEDULES

Section 1

SCHEDULE 1Scheduled works

Description of works

The works which the nominated undertaker is authorised by section 1 to make and maintain are the following–

In the City of Westminster, London Boroughs of Camden, Islington and Tower Hamlets and City of London–

In the London Boroughs of Tower Hamlets and Newham–

In the London Borough of Newham–

In the London Boroughs of Newham and Greenwich–

In the London Borough of Greenwich—

In the London Boroughs of Greenwich and Bexley–

In the City of Westminster and Royal Borough of Kensington & Chelsea–

In the City of Westminster–

In the City of Westminster and London Borough of Camden–

In the London Borough of Camden–

In the City of London–

In the City of London and London Borough of Islington–

In the City of London–

In the London Borough of Tower Hamlets–

In the London Borough of Newham–

In the London Boroughs of Greenwich and Bexley–

In the London Borough of Greenwich–

In the London Borough of Bexley–

In the London Boroughs of Greenwich and Bexley–

In the London Borough of Bexley–

In the London Boroughs of Tower Hamlets and Newham–

In the London Borough of Newham–

In the London Borough of Tower Hamlets—

In the London Borough of Newham–

In the London Boroughs of Redbridge and Newham–

In the London Borough of Newham–

In the London Boroughs of Redbridge and Barking & Dagenham–

In the London Boroughs of Barking & Dagenham and Havering–

In the London Borough of Havering–

In the County of Essex, Borough of Brentwood–

In the County of Essex, District of Basildon–

In the London Borough of Redbridge—

In the London Borough of Newham—

In the County of Berkshire, Royal Borough of Windsor & Maidenhead–

In the County of Berkshire, Borough of Slough–

In the County of Berkshire, Borough of Slough and County of Buckinghamshire, District of South Bucks, Parish of Iver–

In the County of Berkshire, Borough of Slough—

In the County of Buckinghamshire, District of South Bucks, Parish of Iver–

In the London Borough of Hillingdon–

In the London Borough of Ealing–

In the London Borough of Hammersmith & Fulham–

In the London Borough of Hammersmith & Fulham and the Royal Borough of Kensington & Chelsea—

In the London Borough of Hammersmith & Fulham—

In the London Borough of Hammersmith & Fulham and the Royal Borough of Kensington & Chelsea—

In the London Borough of Hammersmith & Fulham and the Royal Borough of Kensington & Chelsea—

In the Royal Borough of Kensington & Chelsea—

Section 2

SCHEDULE 2Works: further and supplementary provisions

Additional works

1(1)The nominated undertaker may, for the purposes of or in connection with the scheduled works or otherwise for the purposes of or in connection with Crossrail, do any of the following within the limits of deviation for the scheduled works or within the limits of land to be acquired or used—

(a)carry out and maintain railway electrification and signalling works;

(b)make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, turning places, lifts, stairs, escalators, ramps, passages, means of access, shafts, buildings, apparatus, plant and machinery as may be necessary or convenient,

(c)construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient,

(d)alter or remove any structure erected upon any highway or adjoining land,

(e)alter, or alter the position of, railway track and any apparatus associated with railway track,

(f)alter, or alter the position of, other apparatus, including mains, sewers, drains and cables,

(g)alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and

(h)carry out and maintain such other works, of whatever description, as may be necessary or expedient.

(2)Sub-paragraph (1) shall not authorise the making of any cut for drainage purposes which is more than 3.4 metres wide at the bottom.

Highway accesses

2(1)The nominated undertaker may, for the purposes of or in connection with the works authorised by this Act or otherwise for the purposes of or in connection with Crossrail—

(a)form and lay out means of access, and

(b)improve existing means of access,

at any place within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(2)In the case of works at a place shown on the deposited plans which require the opening of an access onto, or the alteration of, a highway used by vehicular traffic, the power under sub-paragraph (1) is exercisable on giving at least 28 days' notice to the highway authority.

(3)Works which are the subject of a notice under sub-paragraph (2) may not be carried out at the place shown on the deposited plans if, within 28 days of the giving of the notice, the highway authority objects to the works being carried out there by giving the nominated undertaker notice to that effect.

(4)The only ground on which the highway authority may object under sub-paragraph (3) is that works under sub-paragraph (1) should be carried out instead at another place within the relevant limits to prevent or reduce—

(a)injury to local amenity, or

(b)prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being carried out there.

(5)If, in the case of works under sub-paragraph (1) at a place shown on the deposited plans, the works require the opening of an access onto, or the alteration of, a highway used by vehicular traffic, they shall be carried out in accordance with plans and specifications approved by the highway authority at the request of the nominated undertaker.

(6)The only ground on which the highway authority may refuse to approve plans or specifications for the purposes of sub-paragraph (5) is that they ought to be modified to prevent or reduce—

(a)injury to local amenity, or

(b)prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

(7)Works under sub-paragraph (1) may only be carried out at a place not shown on the deposited plans if the highway authority consents to the siting of the works, such consent not to be unreasonably withheld.

(8)Works under sub-paragraph (1) at a place not shown on the deposited plans shall be carried out in accordance with plans and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld.

(9)In considering whether to give its consent for the purposes of sub-paragraph (7), or approval for the purposes of sub-paragraph (8), in a case where the works require the opening of an access onto, or the alteration of, a highway used by vehicular traffic, the highway authority shall have regard, in particular, to effects on road safety and on the free flow of traffic in the local area.

(10)If, on application by the nominated undertaker for the approval of plans or specifications under sub-paragraph (5) or (8), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans or specifications as submitted.

(11)If a highway authority which receives an application for consent under sub-paragraph (7) fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted it.

(12)Where an objection under sub-paragraph (3) leads to the carrying out of works under sub-paragraph (1) at a place not shown on the deposited plans, sub-paragraphs (5), (7) and (8) shall have effect in relation to them as if the place were shown on the deposited plans.

(13)Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

Overhead line diversions

3Without prejudice to paragraph 1(1)(f), the nominated undertaker may, for the purposes of or in connection with the works authorised by this Act, undertake the electric line diversions specified in the following table.

(1)(2)(3)
AreaOverhead line to be taken downNew overhead line to be provided
London Borough of NewhamOverhead electric line (PDK) between points E1, E2 and E3New overhead electric line to be provided on land within relevant limits between points E1, E4 and E3.
County of Buckinghamshire, District of South Bucks, Parish of IverIver–Longford 132kV overhead electric line (PGB) between points EC1 and EC2.New overhead electric lines to be provided on land within relevant limits between points EC1, EC3 and EC2 and between points EC1, EC4 and EC2.

Mitigation and protection works

4The nominated undertaker may within the limits of deviation for the scheduled works or within the limits of land to be acquired or used—

(a)carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the works authorised by this Act, and

(b)carry out and maintain works for the benefit or protection of land affected by any of the works authorised by this Act.

Support of buildings

5(1)This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Act to support or strengthen a building within the relevant distance of the work.

(2)The nominated undertaker may support or strengthen the building on giving at least 8 weeks' notice to the owners and occupiers of the building of its intention to do so.

(3)If, within 21 days of the giving of a notice under sub-paragraph (2), the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.

(4)If, under sub-paragraph (3), the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the supporting or strengthening is to be carried out.

(5)Where the supporting or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.

(6)In case of emergency, the power conferred by sub-paragraph (2) or (5) shall be exercisable without notice.

(7)For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—

(a)any building within the relevant distance of any of the works authorised by this Act, or

(b)any land adjacent to such a building (but not any building on any such land).

(8)Section 6 of the Acquisition of Land Act 1981 (c. 67) (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of “nominated undertaker”.

(9)In this paragraph—

6(1)This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Act further to support or strengthen a building which has been supported or strengthened under paragraph 5.

(2)The nominated undertaker may, at any time within the permitted period, further support or strengthen the building on giving at least 8 weeks' notice to the owners and occupiers of the building of its intention to do so.

(3)If, within 21 days of the giving of a notice under sub-paragraph (2), the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.

(4)If, under sub-paragraph (3), the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the supporting or strengthening is to be carried out.

(5)Where the supporting or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.

(6)In case of emergency, the power conferred by sub-paragraph (2) or (5) shall be exercisable without notice.

(7)For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—

(a)any building which has been supported or strengthened under paragraph 5, or

(b)any land adjacent to such a building (but not any building on any such land).

(8)Section 6 of the Acquisition of Land Act 1981 (c. 67) (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of “nominated undertaker”.

(9)In sub-paragraph (2), the reference to the permitted period is to the period beginning with the completion of the supporting or strengthening under paragraph 5 and ending 5 years after the date on which the work which necessitated the supporting or strengthening was brought into general use.

(10)In this paragraph, “notice” means notice in writing.

7(1)Where the nominated undertaker exercises any power under paragraph 5 or 6, it shall compensate the owners and occupiers of the building or land in relation to which the power is exercised for any loss which they may suffer by reason of the exercise of the power.

(2)Any dispute as to a person’s entitlement to compensation under sub-paragraph (1), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

(3)Nothing in this paragraph shall affect liability to pay compensation under section 6 of the Railways Clauses Consolidation Act 1845 (c. 20), as incorporated with this Act, or section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under section 6(1), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (1).

Discharge of water

8(1)The nominated undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the works authorised by this Act and for that purpose may lay down, take up and alter pipes and may, on any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, make connections with the watercourse, sewer or drain.

(2)The nominated undertaker shall not discharge any water into any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but shall not be unreasonably withheld.

(3)The nominated undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld.

(4)The nominated undertaker shall not, in the exercise of the powers conferred by this paragraph, damage or interfere with the beds or banks of any watercourse forming part of a main river.

(5)The nominated undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this paragraph is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

(6)This paragraph does not authorise the doing of anything prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 (c. 57) (offences of polluting controlled waters).

(7)Any dispute as to the giving of consent under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(8)In this paragraph—

(a)“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, an urban development corporation or a harbour authority within the meaning of the Harbours Act 1964 (c. 40),

(b)“watercourse” includes rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer or drain, and

(c)other expressions used both in this paragraph and in the Water Resources Act 1991 have the same meanings as in that Act.

Entry for preparatory purposes

9(1)The nominated undertaker may, for the purposes of this Act—

(a)survey or investigate any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used or which may be affected by the works authorised by this Act,

(b)without prejudice to the generality of paragraph (a), make trial holes in such positions as it thinks fit on any such land to investigate the nature of the surface layer and subsoil and remove soil samples,

(c)without prejudice to the generality of paragraph (a), carry out archaeological investigations on any such land,

(d)take steps to protect or remove any flora or fauna on any such land which may be affected by the carrying out of the works authorised by this Act,

(e)place on, leave on and remove from any such land apparatus for use in connection with the exercise of any of the powers conferred by paragraphs (a) to (d), and

(f)enter on any such land for the purpose of exercising any of the powers conferred by paragraphs (a) to (e).

(2)No land may be entered, or equipment placed or left on or removed from land, under sub-paragraph (1) unless at least 7 days' notice has been served on every owner and occupier of the land.

(3)The power conferred by paragraph (f) of sub-paragraph (1) includes power to enter with such vehicles and equipment as are necessary for the purpose of exercising any of the other powers conferred by that sub-paragraph.

(4)Any person exercising the power conferred by sub-paragraph (1)(f) on behalf of the nominated undertaker shall, if requested to do so, produce written evidence of his authority.

(5)This paragraph shall not authorise the making of trial holes in a carriageway or footway without the consent of the highway authority, but such consent shall not be unreasonably withheld.

(6)Any dispute as to the giving of consent under sub-paragraph (5) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(7)The nominated undertaker shall compensate the owners and occupiers of land in respect of which the powers conferred by this paragraph are exercised for any loss which they may suffer by reason of the exercise of those powers.

(8)Any dispute as to a person’s entitlement to compensation under sub-paragraph (7), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

Temporary interference with waterways

10(1)The powers conferred by this paragraph shall be exercisable in relation to the following waterways for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works—

(2)The nominated undertaker may—

(a)temporarily interfere with a waterway mentioned in sub-paragraph (1) at any point within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient,

(b)temporarily moor or anchor barges or other vessels or craft in a waterway mentioned in sub-paragraph (1), or

(c)temporarily close a waterway mentioned in sub-paragraph (1), or a part of such a waterway, to navigation.

(3)The power conferred by sub-paragraph (2)(c) shall be exercised in a way which secures—

(a)that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and

(b)that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.

(4)The nominated undertaker shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any interference in accordance with this paragraph with a public right of navigation.

(5)The nominated undertaker shall compensate any person who suffers loss as a result of any interference in accordance with this paragraph with a private right of navigation.

(6)Any dispute as to a person’s entitlement to compensation under sub-paragraph (5), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

Section 3

SCHEDULE 3Highways

Stopping-up

1(1)The nominated undertaker may, in connection with the construction of the works authorised by this Act, stop up each of the highways or parts of highways specified in the following table.

(2)No highway or part of a highway specified in columns (1) and (2) of Part 1 of the following table shall be stopped up under this paragraph unless all the land which abuts on it falls within one or more of the following categories, namely—

(a)land to which there is no right of access directly from the highway or part to be stopped up,

(b)land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up,

(c)land the owners and occupiers of which have agreed to the stopping up of the highway or part, and

(d)land which is in the possession of the Secretary of State.

(3)No highway or part of a highway specified in columns (1) and (2) of Part 2 of the following table shall be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to scheduled works, until—

(a)where the new highway is provided in exercise of the powers conferred by this Act, the later of the date of practical completion and the date on which it is first open for public use, and

(b)where it is not, the date on which it is first open for public use.

(4)Where a new highway specified in column (3) of Part 2 of the following table is provided in exercise of the powers conferred by this Act, the date of practical completion of the highway, or the date on which it is first open for public use, shall be taken for the purposes of sub-paragraph (3) to be what it is taken to be for the purposes of paragraph 11(2).

Part 1

(1)(2)
AreaHighway or part to be stopped up
City of Westminster

Footpath within Westbourne Green Sports Complex between points P5, P6 and P7

North-eastern side of Eastbourne Terrace within extent of narrowing shown on the deposited plans

Falconberg Court

London Borough of CamdenAndrew Borde Street
London Borough of IslingtonCowcross Street between points P1 and P2
City of London

Hayne Street between points P3 and P4

Fore Street Avenue between points P1 and P2

Moorfields between points P2 and P3

London Borough of Tower Hamlets

Fulbourne Street between points P1 and P2

Court Street between points P3 and P4

Wood’s Buildings between points P5 and P6

South-eastern side of Durward Street within the extent of narrowing shown on the deposited plans between points P2 and P7

Garden Street between points P5 and P6

Eleanor Street between points P1 and P2

London Borough of Greenwich

Bostall Manorway between points P3 and P4

Abbey Terrace between points P5 and P6

London Borough of HaveringFootpath (FP 123) between Beechfield Gardens and Nursery Walk

Part 2

(1)(2)(3)
AreaHighway or part to be stopped upNew highway to be substituted for it
>City of WestminsterWestbourne Park Passage within the limits of deviation of Work No. 1/9CWork No. 1/9C
Westbourne Park Passage within the limits of deviation of Work No. 1/9DWork No. 1/9D
London Borough of Tower HamletsFootpath between Stepney Way and Stepney Green between points P1, P2 and P3 and between points P2 and P4New footpath between points P1, P4, P5 and P6
London Borough of NewhamFootpaths between the Excel Centre and Victoria Dock Road between points P1, P2, P3, P4, P5, P6, P7, P8 and P9 and between points P6 and P11New footpath through intended station, part of Work No. 1/5 between points P10 and P11
Footpath between Albert Road and Factory Road between points P1 and P2Work No. 1/32D
Barbers Road between points P1 and P2Works Nos. 2/6A, 2/6B and 2/7
Pudding Mill Lane between points P3 and P4Works Nos. 2/6A, 2/6B and 2/7
Marshgate Lane within the relevant limitsWorks Nos. 2/6A and 2/6B
Footpath (Greenway) between points P6, P7, P8, P9, P10, P11, P12 and P13 and between points P9 and P11New footpath between points P5, P14 and P13
London Borough of GreenwichFootpath on eastern side of Church Manor Way between points P1 and P2Work No. 1/34
Footpath between Mottisfont Road and Bostall Manor Way between points P1 and P2Work No. 1/36
London Boroughs of Greenwich and BexleyFootpaths over Abbey Wood Station between points P7, P8, P9, P10 and P11 and between points P11 and P12New footpath through intended station, part of Work No. 1/7
Felixstowe Road within the relevant limitsWork No. 1/37B
London Borough of BexleyGayton RoadWork No. 1/37C
London Borough of Barking & DagenhamFootpath on eastern side of Whalebone Lane South between points P1 and P3New footpath between points P1, P2 and P3
London Borough of HaveringFootpath adjacent to bus stand, Atlanta BoulevardWork No. 2/15D
County of Berkshire, Borough of SloughHollow Hill Lane between points P1 and P2Work No. 3/9D
County of Buckinghamshire, District of South Bucks, Parish of IverThorney Lane South between points P1 and P2Works Nos. 3/9B and 3/9C
London Borough of HillingdonFootpath and cycleway (Kingston Lane) between points P1 and P2Work No. 3/10F
Old Stockley Road between points P1 and P2Footpath and cycleway between points P1 and P2 (Work No. 3/14)

2(1)The nominated undertaker may, in connection with the construction of the works authorised by this Act, stop up any bridleway or footpath, or part of a bridleway or footpath, which is—

(a)within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, and

(b)not specified in columns (1) and (2) of the table in paragraph 1.

(2)The power conferred by sub-paragraph (1) shall not be exercised unless the proposed stopping up has been confirmed by the appropriate Ministers upon application by the nominated undertaker.

(3)The appropriate Ministers shall grant an application under sub-paragraph (2) if, but only if, they are satisfied—

(a)that an alternative bridleway or footpath has been provided,

(b)that an alternative bridleway or footpath will be provided before the proposed stopping up takes place, or

(c)that the provision of an alternative bridleway or footpath is not required.

(4)Where the appropriate Ministers grant an application under sub-paragraph (2), they shall notify the nominated undertaker of the basis on which the application is granted.

(5)Where the basis on which an application under sub-paragraph (2) is granted is that an alternative bridleway or footpath will be provided, the proposed stopping up shall not take place until the alternative has been provided.

(6)Before making an application under sub-paragraph (2), the nominated undertaker shall publish in at least one local newspaper circulating in the relevant area a notice—

(a)specifying—

(i)the bridleway or footpath, or part, proposed to be stopped up,

(ii)what, if any, alternative bridleway or footpath is proposed, and

(iii)if no alternative is proposed, the reasons why,

(b)specifying a place in the relevant area where a map or plan illustrating the proposals may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of publication of the notice (“the publication date”),

(c)stating that any person may within that period make representations about confirmation under sub-paragraph (2) of the proposed stopping up, and

(d)specifying the manner in which such representations may be made.

(7)Not later than the publication date, the nominated undertaker shall—

(a)serve a copy of the notice, together with any map or plan to which it refers, on every local authority whose area includes any of the land on which the bridleway or footpath, or part, proposed to be stopped up is situated, and

(b)cause a copy of the notice to be displayed in a prominent position at the ends of the bridleway or footpath, or part, proposed to be stopped up.

(8)Before granting an application under sub-paragraph (2), the appropriate Ministers shall consider any representations made to them in accordance with the nominated undertaker’s notice which have not been withdrawn.

(9)Unless they direct otherwise, the appropriate Ministers' functions in relation to an application under sub-paragraph (2) shall, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

(10)In sub-paragraph (6), references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated.

(11)In sub-paragraph (7)(a), “local authority” means—

(a)the council of a county, district, parish or London borough,

(b)the Common Council of the City of London,

(c)the London Fire and Emergency Planning Authority,

(d)a joint authority established by Part 4 of the Local Government Act 1985 (c. 51),

(e)a housing action trust established under Part 3 of the Housing Act 1988 (c. 50), and

(f)the parish meeting of a rural parish not having a separate parish council.

(12)In this paragraph, references to the appropriate Ministers are to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport and, in relation to the carrying out of any functions, are to those Ministers acting jointly.

3(1)On a highway or part of a highway being stopped up under paragraph 1 or 2—

(a)all rights of way over or along it shall be extinguished, and

(b)the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land which he owns.

(2)The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.

(3)Any dispute as to a person’s entitlement to compensation under sub-paragraph (2), or as to the amount of such compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

(4)The Secretary of State shall not be entitled to any mines or minerals under land which he is entitled to appropriate and use under sub-paragraph (1)(b), with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Act.

(5)Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (regulation of the working of mines or minerals underlying an authorised undertaking) shall apply in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) with the following modifications—

(a)references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised to carry on by this Act,

(b)in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority shall be construed as references to the nominated undertaker, and

(c)in paragraph 6, the first of the references to the acquiring authority shall be construed as a reference to the nominated undertaker.

Permanent obstruction

4(1)The powers conferred by paragraph 1 or 4 of Schedule 2 may be exercised in such a way as to obstruct the highway, but only with the consent of the highway authority, such consent not to be unreasonably withheld.

(2)Any dispute with a highway authority under sub-paragraph (1) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(3)If a highway authority which receives an application for consent under sub-paragraph (1) fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted it.

Temporary interference

5(1)For the purposes of the works authorised by this Act, the nominated undertaker may—

(a)temporarily stop up or alter or divert any highway or part of a highway,

(b)for any reasonable time divert traffic from, and prevent persons passing along, any highway or part of a highway, and

(c)break up or interfere with any highway or part of a highway (including any sewer, drain or tunnel in it).

(2)The nominated undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a highway affected by the exercise of the powers conferred by sub-paragraph (1) if there would otherwise be no such access.

(3)Before exercising the powers conferred by sub-paragraph (1) in relation to a highway and to an extent specified in the following table, the nominated undertaker shall consult the highway authority about the exercise of the powers.

(1)(2)(3)
AreaHighway or part to be stopped upExtent of temporary stopping up
City of WestminsterWestbourne Park PassageBetween points T1 and T2
Harrow RoadBetween points T1 and T2
Westbourne Park VillasBetween points T3 and T4
Bishop’s Bridge RoadWithin the relevant limits
Eastbourne TerraceEntire length
Cleveland TerraceWithin the relevant limits
Chilworth StreetWithin the relevant limits
South Wharf RoadWithin the relevant limits
Praed StreetWithin the relevant limits
Craven RoadWithin the relevant limits
Westbourne TerraceWithin the relevant limits
Chilworth MewsEntire length
Eastbourne MewsEntire length
Spring StreetBetween points T1 and T2
Bayswater RoadBetween points T1 and T2
Park LaneBetween points T4 and T5 on Sheet No. 8 of the deposited Plans and points T5 and T6 on Sheet No. 42 of the deposited Plans
Pedestrian subway between western and eastern sides of Park LaneBetween points T1, T2 and T3
Weighhouse StreetBetween points T1 and T2
Gilbert StreetBetween points T1 and T3
St. Anselm’s PlaceEntire length
Davies StreetWithin the relevant limits
South Molton LaneBetween points T4 and T5
Stratford PlaceWithin the relevant limits
Marylebone LaneWithin the relevant limits
Dering StreetWithin the relevant limits
New Bond StreetWithin the relevant limits
Brook StreetWithin the relevant limits
Tenterden StreetEntire length
Hanover SquareEntire length
Princes StreetWithin the relevant limits
St George StreetWithin the relevant limits
Wardour StreetBetween points T5 and T6
Hollen StreetWithin the relevant limits
Sheraton StreetWithin the relevant limits
Oxford StreetWithin the relevant limits
Newman StreetWithin the relevant limits
Great Chapel StreetEntire length
Diadem CourtEntire length
Fareham StreetEntire length
Dean StreetWithin the relevant limits
Soho SquareBetween points T1 and T2
Carlisle StreetEntire length
Falconberg MewsEntire length
Sutton RowEntire length
Greek StreetWithin the relevant limits
Manette StreetEntire length
Goslett YardEntire length
City of Westminster and London Borough of CamdenTottenham Court RoadWithin the relevant limits
Charing Cross RoadWithin the relevant limits
St Giles CircusEntire length
London Borough of CamdenNew Oxford StreetWithin the relevant limits
Earnshaw StreetEntire length
Denmark StreetEntire length
Denmark PlaceBetween points T5 and T6
St Giles High StreetBetween points T3 and T4
Fisher StreetEntire length
Southampton RowBetween points T1 and T2
Catton StreetEntire length
Red Lion SquareBetween points T3 and T4
Drake StreetBetween points T5 and T3
London Boroughs of Camden and IslingtonFarringdon RoadWithin the relevant limits
City of LondonFarringdon StreetWithin the relevant limits
West SmithfieldWithin the relevant limits
Snow HillWithin the relevant limits
Long LaneWithin the relevant limits
Lindsey StreetEntire length
Hayne StreetBetween points T3 and P4
Aldersgate StreetWithin the relevant limits
Eldon StreetEntire length
London WallWithin the relevant limits
Fore Street AvenueBetween points T1 and T2
Silk StreetWithin the relevant limits
Moor LaneBetween points T3 and T4
MoorfieldsEntire length
Moor PlaceEntire length
Keats PlaceEntire length
MoorgateWithin the relevant limits
Finsbury CircusWithin the relevant limits
Circus PlaceEntire length
Blomfield StreetEntire length
Broad Street AvenueEntire length
Liverpool StreetEntire length
Old Broad StreetWithin the relevant limits
Wormwood StreetEntire length
BishopsgateWithin the relevant limits
Camomile StreetWithin the relevant limits
Grand AvenueWithin the relevant limits
Eldon StreetWithin the relevant limits
London Boroughs of Islington and Camden and City of LondonCharterhouse StreetWithin the relevant limits
London Borough of Islington and City of LondonCharterhouse SquareEntire length
Carthusian StreetEntire length
Ropemaker StreetWithin the relevant limits
South PlaceEntire length
London Borough of IslingtonSt John StreetWithin the relevant limits
Finsbury PavementWithin the relevant limits
Finsbury StreetWithin the relevant limits
Fox & Knot StreetEntire length
Turnmill StreetWithin the relevant limits
Cowcross StreetBetween points P2 and T1
London Borough of Tower HamletsPrincelet StreetBetween points T1 and T2
Hanbury StreetBetween points T3 and T4
Vallance RoadBetween points T3 and T4 and points T5 and T6
Whitechapel RoadWithin the relevant limits
Spelman StreetWithin the relevant limits
Durward StreetSo much as is not permanently stopped up within the extent of narrowing shown on the deposited plans
Court StreetBetween points T9 and P3
Castlemaine StreetBetween points T7 and T8
Fulbourne StreetBetween points P1 and T10
Winthrop StreetEntire length
Brady StreetWithin the relevant limits
Stepney GreenBetween points T1 and T2 and within the relevant limits
Garden StreetT3 and P5
White Horse LaneWithin the relevant limits
Stepney High StreetWithin the relevant limits
Stepney WayWithin the relevant limits
Commercial RoadBetween points T1 and T2
Mile End RoadWithin the relevant limits
Footpath between Cheshire Street and Fleet Street HillBetween points T1 and T2
Brady StreetWithin the relevant limits
Tapp StreetBetween points T5 and T6
Collingwood StreetBetween points T7 and T8
Hemming StreetBetween points T9 and T10
Cudworth StreetBetween points T6, T8 and T2
Coventry RoadBetween points T1 and T2
Buckhurst StreetBetween points T3 and T4
Cambridge Heath RoadWithin the relevant limits
Braintree StreetWithin the relevant limits
Mantus RoadBetween points T5 and T6
Globe RoadBetween points T7 and T8
Bancroft RoadBetween points T9 and T10
Morpeth StreetWithin the relevant limits
Longnor RoadBetween points T1 and T2
Grove RoadWithin the relevant limits
Burdett RoadWithin the relevant limits
Eleanor StreetWithin the relevant limits
Rounton RoadBetween points T3 and T4
Wick LaneWithin the relevant limits
Wrexham RoadBetween points T9 and T10
Blackwall Tunnel Northern Approach RoadBetween points T3 and T4, points T5 and T6, points T7 and T8 and points T11 and T12
Bow RoadBetween points T12 and T13
Payne RoadBetween points T11 and T13
West India Dock RoadBetween points T1 and T2
London Borough of NewhamLower Lea CrossingBetween points T1 and T2
Victoria Dock RoadBetween points T1, T2 and T3
Freemasons RoadWithin the relevant limits
North Woolwich RoadWithin the relevant limits
Footpath FP 108 between Festoon Way and Connaught BridgeBetween points T1 and T2 and points T3 and T4
Footpath between Connaught Road and Factory RoadWithin the relevant limits
Connaught BridgeWithin the relevant limits
Connaught RoadWithin the relevant limits
Albert RoadWithin the relevant limits
Factory RoadWithin the relevant limits
Store RoadEntire length
Pier RoadWithin the relevant limits
Bankside footpath on the eastern side of the River LeaWithin the relevant limits
Barbers Road / Cook’s RoadBetween points T3 and P1
Pudding Mill LaneBetween points T4 and P3 and points P4 and T5
Footpath (Greenway) adjacent to Marshgate Lane on northern side of the railwayBetween points T6 and T7 and points T6 and T8
Footpath adjacent to City Mill RiverBetween points T9 and T11
Footpath (Greenway) on eastern side of City Mill RiverBetween points T12 and T13 and points P13, T10 and T13
Marshgate LaneBetween points T1 and T2
Manor Park RoadBetween points T1 and T2
Lugg ApproachWithin the relevant limits
Goodmayes RoadWithin the relevant limits
London Borough of GreenwichWarren LaneWithin the relevant limits
Beresford StreetWithin the relevant limits
Plumstead RoadWithin the relevant limits
Gunning StreetWithin the relevant limits
Reidhaven RoadWithin the relevant limits
White Hart RoadWithin the relevant limits
Marmadon RoadWithin the relevant limits
Church Manor WayWithin the relevant limits
Mottisfont RoadWithin the relevant limits
Bostall ManorwayWithin the relevant limits
London Boroughs of Greenwich and BexleyFelixstowe RoadWithin the relevant limits
Harrow ManorwayWithin the relevant limits
London Borough of BexleyWilton RoadWithin the relevant limits
Florence RoadWithin the relevant limits
Fendyke RoadWithin the relevant limits
Alsike RoadWithin the relevant limits
Footpath FP 3 adjacent to River Thames at Manor Wharf, BelvedereBetween points T1, T2 and T3 and points T4 and T2
Footpath FP 4 between Norman Road and the footpath FP 3 adjacent to River Thames at Manor Wharf, BelvedereBetween points T4 and T5 and points T6 and T7
London Borough of RedbridgeGoodmayes RoadWithin the relevant limits
London Borough of Barking & DagenhamValence AvenueWithin the relevant limits
Saville RoadWithin the relevant limits
London Boroughs of Barking & Dagenham and HaveringCrow LaneWithin the relevant limits
London Borough of HaveringNursery Walk and FP 127Within the relevant limits
London RoadWithin the relevant limits
Jutsums LaneWithin the relevant limits
Footpath FP 123 within Jutsums Recreational GroundWithin the relevant limits
Cambridge AvenueBetween points T1 and T2
Oldchurch RoadWithin the relevant limits
Waterloo RoadWithin the relevant limits
Exchange StreetWithin the relevant limits
Havanna CloseWithin the relevant limits
Eastern RoadWithin the relevant limits
Atlanta BoulevardWithin the relevant limits
Footpath FP 128 between Exchange Street and The BattisBetween points T1 and T2
South StreetWithin the relevant limits
CrosswaysWithin the relevant limits
Upper Brentwood RoadWithin the relevant limits
Southend Arterial Road FootwayWithin the relevant limits
Station RoadWithin the relevant limits
County of Essex, Borough of BrentwoodHunter AvenueWithin the relevant limits
Alexander LaneWithin the relevant limits
County of Essex, District of BasildonFootpath FP 136 between the Meads and Terminus DriveWithin the relevant limits
County of Berkshire, Royal Borough of Windsor & MaidenheadSilco DriveWithin the relevant limits
Shoppenhanger’s RoadBetween points T1 and T2
Station ApproachWithin the relevant limits
County of Berkshire, Borough of SloughBurnham LaneWithin the relevant limits
Dover RoadWithin the relevant limits
Leigh RoadBetween points T1 and T2
Farnham Road (A355)Between points T1 and T2
Stoke Poges LaneWithin the relevant limits
Footpath and steps within Salt Hill Pleasure GroundsWithin the relevant limits
William StreetWithin the relevant limits
Wexham RoadWithin the relevant limits
Uxbridge RoadWithin the relevant limits
Middlegreen RoadBetween points T1 and T2
St. Mary’s RoadWithin the relevant limits
Trenches Bridge footpath (FP 47a) and cyclewayWithin the relevant limits
Hollow Hill LaneWithin the relevant limits
Market LaneWithin the relevant limits
County of Buckinghamshire, District of South Bucks, Parish of IverBathurst WalkWithin the relevant limits
Footpath FP 16 between Colne Valley Way and Court LaneWithin the relevant limits
London Borough of HillingdonWeirside GardensWithin the relevant limits
Horton Bridge RoadBetween points T1 and PI
Kingston LaneBetween points T2 and P2
Stockley RoadBetween points T1 and T2
Station Road, HayesWithin the relevant limits
Subway between Blyth Road and Station ApproachBetween points T1 and T2
Station ApproachEntire length
Keith RoadWithin the relevant limits
Nestle’s AvenueWithin the relevant limits
London Borough of EalingFootpath FP 112 between Park Avenue and Merrick RoadWithin the relevant limits
Golden ManorWithin the relevant limits
Alwyne RoadWithin the relevant limits
Manor RoadWithin the relevant limits
Haven GreenWithin the relevant limits
The MallWithin the relevant limits
Noel RoadWithin the relevant limits
Twyford AvenueWithin the relevant limits
Oakley AvenueWithin the relevant limits
Horn LaneWithin the relevant limits

(4)The purpose of consultation under sub-paragraph (3) shall be to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience.

(5)Before exercising the powers conferred by sub-paragraph (1) in relation to a highway, or to an extent, not specified in the table in sub-paragraph (3), the nominated undertaker shall obtain the consent in writing of the highway authority.

(6)Consent under sub-paragraph (5) shall not be unreasonably withheld, but may be given subject to such conditions as the highway authority may reasonably require in the interest of public safety or convenience.

(7)If a highway authority which receives an application for consent under sub-paragraph (5) fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted the application.

(8)Sub-paragraph (7) shall have effect in relation to an application for consent which relates to a GLA side road (within the meaning of the Road Traffic Regulation Act 1984 (c. 27)) or a road which is designated under section 60(1) or 61(1) of the Traffic Management Act 2004 (c. 18) (roads in Greater London which are strategic roads) with the substitution for “28” of “42”.

(9)Any dispute with a highway authority about consent under sub-paragraph (5) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(10)It is hereby declared for the avoidance of doubt that there is no need to reinstate a highway or part of a highway in relation to which any of the powers conferred by sub-paragraph (1) has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power conferred by paragraph 1(1) or 2(1).

Working sites in highways

6Any highway or part of a highway which is stopped up under paragraph 5(1)(a) may be used as a working site if it is within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

Street works

7(1)The nominated undertaker may, for the purposes of the works authorised by this Act, enter upon any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used and—

(a)place, maintain or alter, or change the position of, apparatus in it,

(b)remove apparatus from it, and

(c)execute any works required for, or incidental to, any works authorised by paragraph (a) or (b).

(2)In this paragraph, “apparatus” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991 (c. 22).

8(1)Works to which sub-paragraph (2) below applies shall be treated for the purposes of Part 3 of the New Roads and Street Works Act 1991 (street works) as major transport works if—

(a)they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works), or

(b)they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the Highways Act 1980 (c. 66).

(2)This sub-paragraph applies to any works executed under this Act in relation to a highway which consists of or includes a carriageway, other than those executed under power delegated to a highway authority by an agreement under paragraph 14(2) below.

Construction

9(1)Where under this Act the nominated undertaker—

(a)constructs a new highway, or

(b)alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991,

the construction or alteration shall be completed to the reasonable satisfaction of the highway authority.

(2)Where work to which sub-paragraph (1) applies has been completed to the reasonable satisfaction of a highway authority, it shall certify that fact in writing to the nominated undertaker.

(3)If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made—

(a)issue a certificate under that sub-paragraph, or

(b)notify the nominated undertaker of its decision to refuse to issue such a certificate,

it shall be deemed to have issued such a certificate at the end of that period.

(4)Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

10(1)Sub-paragraph (2) applies where under this Act the nominated undertaker—

(a)realigns a highway which is constituted by or comprises a carriageway, or

(b)constructs a new highway which is constituted by or comprises a carriageway.

(2)The realignment, or construction, shall be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld.

(3)Any dispute with a highway authority under sub-paragraph (2) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(4)If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans, sections or specifications as submitted.

Maintenance

11(1)Sub-paragraph (2) applies where under this Act the nominated undertaker—

(a)constructs a new highway, or

(b)alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991 (c. 22).

(2)Unless otherwise agreed between the nominated undertaker and the highway authority, the new or altered highway shall be maintained by and at the expense of the nominated undertaker for a period of 12 months from the later of—

(a)the date of practical completion, and

(b)the date on which it is first open for public use;

and after the end of that period shall be maintained by and at the expense of the highway authority.

(3)Where in relation to a highway to which sub-paragraph (2) applies the highway authority is satisfied that the highway is practically complete or is open for public use, it shall, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.

(4)If the highway authority refuses a request to issue a certificate under sub-paragraph (3), or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

(5)For the purposes of sub-paragraph (2), the date of practical completion of a highway, or the date on which it is first open for public use, shall be taken to be—

(a)where the date has been determined under sub-paragraph (4), the date so determined, and

(b)where it has not, the date certified under sub-paragraph (3).

(6)Sub-paragraph (2) shall not have effect to impose any obligation in relation to—

(a)the structure of any bridge carrying a highway over any railway of the nominated undertaker, or

(b)the structure of any tunnel carrying a highway under any such railway.

(7)Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991 (c. 22).

12Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845 (c. 20), as incorporated with this Act, the nominated undertaker shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.

Bridges carrying highways

13Each of sections 116 and 117 of the Transport Act 1968 (c. 73) (duties as respects bridges carrying highways over railways) shall apply as if the nominated undertaker were one of the boards mentioned in that section.

Agreements with highway authorities etc.

14(1)Where under this Schedule the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into agreements with the persons having the charge, management or control of the highway concerning the construction (or contribution towards the expenses of construction) of—

(a)any new highway to be provided in substitution,

(b)any alteration of the existing highway, and

(c)any other related matters.

(2)The nominated undertaker may, by agreement with any such persons, delegate to them the power of constructing any such new highway or any such alteration of an existing highway, including any bridge over any railway, and, where the nominated undertaker is responsible for maintaining the new or altered highway (or bridge), the power to maintain it.

Use of subsoil

15(1)The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Act so much of the subsoil of any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest in it.

(2)The power conferred by sub-paragraph (1) shall not be exercisable in relation to the subsoil of a highway within the limits of land to be acquired or used, but outside the limits of deviation for the scheduled works, if the highway is comprised in land specified in the following table.

(1)(2)
AreaNo. on deposited plans
City of Westminster30d, 38, 81, 85, 112, 115, 117, 120, 121, 213, 218, 340, 341, 416, 417, 419, 420, 423, 447, 448, 449, 453, 454, 455, 548, 549, 549a, 551, 566, 595, 598, 600, 666, 684, 685, 689, 690 and 691
London Borough of Camden1, 3, 5, 7, 10, 11, 13, 30, 31, 32, 153, 154, 155, 279, 281, 282 and 283
London Borough of Islington1, 3, 4, 13, 24, 25, 34, 90, 92, 93, 94, 95 and 99
City of London1, 2, 3, 4, 7, 8, 9, 17, 18, 20, 34, 36, 52, 53, 55a, 71, 72, 73, 74, 80a, 81, 101, 102, 103, 108, 113, 115, 125, 136, 138, 143, 159, 160 and 161
London Borough of Tower Hamlets224, 224a, 225, 225b, 227a, 250, 252, 252a, 252b, 269, 280, 281, 290, 293, 294, 391, 393, 396, 398, 664, 820, 988, 990, 991, 993, 1135, 1145, 1247c, 1295, 1412a, 1413a, 1421, 1421b, 1423a, 1445 and 1446
London Borough of Newham8, 76, 155, 164, 189, 193, 205, 206, 258, 259, 260, 278, 288, 366, 379, 565, 619 and 670
London Borough of Greenwich3, 5, 15, 31e, 35a, 100, 101, 104, 109, 125, 125a, 130, 138, 144, 155, 159, 164, 169, 173, 182, 187 and 227
London Borough of Bexley28, 64 and 68
London Borough of Redbridge26 and 41
London Borough of Barking & Dagenham17 and 18
London Borough of Havering2, 11, 12, 24, 105, 117, 120, 134, 138, 140, 149, 154, 164 and 194
Borough of Brentwood24 and 52
District of Basildon13 and 14
Borough of Slough14, 20, 22, 23, 32, 53, 56, 60, 113, 162, 168 and 253a
London Borough of Hillingdon97, 98, 115, 116 and 211b
London Borough of Ealing9, 62, 62a, 88, 125, 144, 159, 160, 164, 177, 183 and 186

(3)In the case of a highway comprised in land specified in the table in columns (1) and (2) of the table in paragraph 10 of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as falls within the description specified in relation to the land in column (3) of the table.

(4)In the case of a highway comprised in land specified in the table in paragraph 11(1) of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as lies more than 9 metres beneath the level of the surface of the highway.

(5)For the avoidance of doubt, it is hereby declared that the restrictions imposed by sub-paragraphs (2), (3) and (4) on the power conferred by sub-paragraph (1) do not affect the power conferred by paragraph 7(1).

Section 4

SCHEDULE 4Overhead lines: consent

Scope of Schedule

1This Schedule applies to any electric line to which section 37(1) of the Electricity Act 1989 (c. 29) would apply, but for section 4.

Consent requirement

2(1)An electric line to which this Schedule applies shall not be installed or kept installed above ground except in accordance with a consent granted by the appropriate Ministers.

(2)Any person who without reasonable excuse contravenes the provisions of sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)No proceedings shall be instituted in respect of an offence under this paragraph except by or on behalf of the Secretary of State.

Applications for consent

3(1)An application for consent under this Schedule shall be in writing and shall state—

(a)the length of the electric line to which it relates,

(b)the nominal voltage of that line, and

(c)whether the application to any extent relates to exercise of the power conferred by paragraph 3 of Schedule 2.

(2)An application for consent under this Schedule shall be accompanied by a map showing—

(a)the land across which the electric line to which it relates is to be installed or kept installed, including details of the route of that line,

(b)the limits of deviation for the scheduled works and the limits of land to be acquired or used, so far as relevant to the application, and

(c)if the application to any extent relates to exercise of the power conferred by paragraph 3 of Schedule 2, the extent to which it so relates.

4An application for consent under this Schedule shall be supplemented, if the appropriate Ministers so direct in writing, by such additional information as may be specified in the direction.

Publicity

5(1)A person applying for consent under this Schedule shall publish notice of the application in two successive weeks in one or more local newspapers circulating in the area in which the land to which the application relates is situated (or in areas which together include that area).

(2)A notice under sub-paragraph (1) shall—

(a)describe the route of the electric line to which the application relates,

(b)specify a place in the locality where a copy of the application may be inspected,

(c)state a time (not being less than 14 days from the date of publication) within which, and the manner in which, objections to the application may be made to the appropriate Ministers, and

(d)if it relates to an application by the nominated undertaker, explain the effect of paragraph 8(2)(b).

(3)Sub-paragraph (1) shall not apply to an application for consent under this Schedule which relates only to exercise of the power conferred by paragraph 3 of Schedule 2.

(4)If an application for consent under this Schedule relates partly to exercise of the power conferred by paragraph 3 of Schedule 2, so much of the application as relates to exercise of that power shall be disregarded for the purposes of sub-paragraphs (1) and (2).

(5)If an application for consent under this Schedule is one in relation to which the applicant is subject to a duty under sub-paragraph (1), the appropriate Ministers shall not make any decision about the application until they are satisfied—

(a)that the applicant has performed his duty under that provision, and

(b)that the time allowed by the notice under that provision for making objections to the application has expired.

Consultation

6(1)Within 14 days of receiving an application for consent under this Schedule, the appropriate Ministers shall invite the relevant planning authority to make representations and shall not make any decisions about the application until—

(a)they have received representations from the authority about it,

(b)they have been informed by the authority that it does not wish to make any representations about it, or

(c)28 days have elapsed since the date of the invitation.

(2)An invitation under sub-paragraph (1) shall specify the time limit for making representations.

(3)For the purposes of this paragraph, the relevant planning authority is—

(a)in the case of a line in the area of a unitary authority, the local planning authority, and

(b)in the case of a line not in the area of a unitary authority, the district planning authority.

7(1)If the appropriate Ministers consider that an application for consent under this Schedule relates to matters which may affect—

(a)nature conservation,

(b)the conservation of the natural beauty or amenity of the countryside, or

(c)a site of archaeological or historic interest,

they shall, within 14 days of receiving the application, also invite the appropriate body or bodies to make representations.

(2)Where under sub-paragraph (1) the appropriate Ministers have invited a body to make representations about an application for consent under this Schedule, they shall not make any decision about the application until—

(a)they have received representations from the body about the request,

(b)they have been informed by the body that it does not wish to make any representations about the request, or

(c)14 days have elapsed since the date of the invitation.

(3)An invitation under sub-paragraph (1) shall specify the time limit for making representations.

(4)For the purposes of this paragraph, the following are appropriate bodies in relation to the following matters—

MatterBody
Nature conservation.Natural England.
Conservation of the natural beauty or amenity of the countryside.Natural England.
Sites of archaeological or historic interest.The Historic Buildings and Monuments Commission for England.

Grant of consent

8(1)This paragraph applies to an application for consent under this Schedule by the nominated undertaker.

(2)An application to which this paragraph applies may only be refused—

(a)to the extent that it relates to exercise of the power conferred by paragraph 3 of Schedule 2, on the ground that the electric line ought to, and could reasonably, be installed elsewhere within the limits specified, in relation to the diversion concerned, in the third column of the table in paragraph 3 of Schedule 2, and

(b)to the extent that it does not relate to the exercise of that power, on the ground that the electric line ought to, and could reasonably, be installed elsewhere within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

9A consent under this Schedule may include such conditions (including conditions as to the ownership and operation of the electric line to which it relates) as appear to the appropriate Ministers to be appropriate.

Variation and revocation of consent

10(1)A consent under this Schedule may be varied or revoked by the Secretary of State at any time after the end of such period as may be specified in the consent.

(2)The period which may be specified under sub-paragraph (1) shall not be less than 10 years from the date of installation of the electric line to which the consent relates.

Duration of consent

11Subject to paragraph 10, a consent under this Schedule shall continue in force for such period as may be specified in or determined by or under the consent.

Interpretation

12In this Schedule, references to the appropriate Ministers are to the Secretary of State for Business, Enterprise and Regulatory Reform and the Secretary of State for Transport acting jointly.

Section 5

SCHEDULE 5Temporary possession and use of land

Occupation and use for construction of works

1(1)The nominated undertaker may, in connection with the construction of the works specified in column (1) of the following table (or any works which are necessary or expedient for the purposes of or in connection with those works)—

(a)enter upon and take possession of the land specified in relation to those works in columns (2) and (3) of that table for such purposes as are so specified in column (4) of that table, and

(b)for such purposes as are so specified—

(i)remove from the land any structure or vegetation, and

(ii)construct on the land temporary works (including the provision of means of access) and structures.

(1)(2)(3)(4)
WorksAreaNumber of land shown on deposited plansPurpose for which temporary possession may be taken
1/3A and 1/3BCity of Westminster217The provision of a working site.
1/3A and 1/3B451The provision of a working site.
1/3A and 1/3B692The provision of a working site.
1/9D30cThe provision of a working site.
1/3A and 1/3BCity of London104a and 104bThe provision of a working site.
1/3A and 1/3B104cThe provision of a working site.
Proposed Whitechapel Station comprised in Works Nos. 1/3A and 1/3BLondon Borough of Tower Hamlets245bThe provision of access for construction.
Any of the works authorised by this ActLondon Borough of Tower Hamlets972 and 976The provision of access and a working site.
Any of the works authorised by this Act753, 774, 775, 788, 789 and 796The provision of access and barge loading facilities.
1/7, 1/33A and 1/33BLondon Borough of Greenwich160, 165 and 170The provision of a working site.
Any of the works authorised by this ActLondon Borough of Bexley83aThe provision of a working site.
The provision of overhead electrification equipment and works to Maidenhead BridgeRoyal Borough of Windsor & Maidenhead62 and 72The provision of a working site and access for construction.
3/3ABorough of Slough81The provision of access and a working site.
3/6172 and 173The provision of a working site.
3/7A and 3/7B187The provision of a working site.
The provision and renewal of railway systems and station facilities for operational purposes (Ealing Broadway Station)London Borough of Ealing111The provision of a working site.

(2)Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

(3)The nominated undertaker may not remain in possession of any land under this paragraph after the end of the period of one year beginning with the date of completion of the works specified in relation to the land in column (1) of the table in sub-paragraph (1) unless the owners of the land agree.

(4)The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the power or powers conferred by this paragraph.

(5)Any dispute as to a person’s entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

(6)Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under section 6(1), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4).

(7)In this paragraph, “structure” includes any erection.

2(1)Before giving up possession of land of which possession has been taken under paragraph 1, the nominated undertaker shall, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.

(2)If, in relation to any land of which possession has been taken under paragraph 1, no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion of the works specified in relation to the land in column (1) of the table in paragraph 1(1), the scheme shall be such as may be determined by the appropriate Ministers after consultation with the nominated undertaker, the owners of the land and the relevant planning authority.

(3)Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) shall provide for land to be restored to its former condition.

(4)Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) shall not provide for the nominated undertaker to replace any structure removed under paragraph 1, other than a fence.

(5)Where the appropriate Ministers ask the relevant planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (2), they may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

(6)The duty under sub-paragraph (1) in relation to any land shall be owed separately to the owners of the land and to the relevant planning authority.

(7)Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may—

(a)enter the land concerned and take that step, and

(b)require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a).

(8)In this paragraph—

3(1)The nominated undertaker may use any road situated on land specified in the table in paragraph 8 of Schedule 6 for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the works authorised by this Act.

(2)The nominated undertaker shall compensate the person having the management of a road to which sub-paragraph (1) applies for any loss which he may suffer by reason of the exercise of the power conferred by that sub-paragraph.

(3)Any dispute as to a person’s entitlement to compensation under sub-paragraph (2), or as to the amount of such compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

Occupation and use for maintenance of works

4(1)At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may—

(a)enter upon and take possession of any land which is—

(i)within 20 metres from that work, and

(ii)within the limits of deviation for the scheduled works or the limits of land to be acquired or used,

if such possession is reasonably required for the purpose of or in connection with maintaining the work or any ancillary works connected with it, and

(b)construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required.

(2)Sub-paragraph (1) shall not authorise the nominated undertaker to take possession of—

(a)a house, any other structure which is for the time being occupied, or a garden belonging to a house,

(b)land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule 6, or

(c)such of the land specified in columns (1) and (2) of the table in paragraph 10 of Schedule 6 as falls outside the description specified in relation to it in column (3) of the table.

(3)Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

(4)The nominated undertaker may only remain in possession of land under this paragraph for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.

(5)Before giving up possession of land of which possession has been taken under this paragraph, the nominated undertaker shall restore the land to the reasonable satisfaction of the owners of the land.

(6)The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.

(7)Any dispute as to a person’s entitlement to compensation under sub-paragraph (6), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(8)Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under section 6(1), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (6).

(9)In this paragraph—

(a)“the maintenance period”, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use;

(b)“structure” includes any erection;

(c)any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.

Suspension of private rights of way

5(1)Subject to sub-paragraph (2), all private rights of way over land of which the nominated undertaker takes possession under paragraph 1 or 4 above shall be suspended and unenforceable for as long as it remains in lawful possession of the land.

(2)The nominated undertaker may, in relation to a right of way, by direction provide—

(a)that sub-paragraph (1) shall not apply to the right, or

(b)that sub-paragraph (1) shall apply to the right only to such extent as may be specified in the direction.

(3)The nominated undertaker shall compensate any person who suffers loss by reason of the suspension of any right under sub-paragraph (1).

(4)Any dispute as to a person’s entitlement to compensation under sub-paragraph (3), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

Enforcement

6Section 13 of the Compulsory Purchase Act 1965 (c. 56) (refusal to give possession to acquiring authority) applies for the purposes of this Schedule as if—

(a)references to the acquiring authority were references to the nominated undertaker,

(b)references to compensation payable to the person refusing to give possession were references to compensation payable under this Schedule, and

(c)in subsection (1) for “this Act” there were substituted “Schedule 5 to the Crossrail Act 2008”.

Section 6

SCHEDULE 6Acquisition of land shown within limits on deposited plans

Part 1Purposes for which certain land may be acquired

(1)(2)(3)
AreaNumber of land shown on deposited plansPurpose for which land may be acquired or used
London Borough of Hammersmith & Fulham2c, 3c, 4c, 5c, 9b, 9c, 9g and 9hThe provision and renewal of railway systems and depot facilities for operational purposes.
6, 7 and 9The provision and renewal of railway systems for operational purposes.
Royal Borough of Kensington & Chelsea2cThe provision of a working site and exchange land.
4The provision of access for construction and maintenance.
8 to 15, 17 to 19, 21 to 23 and 26The provision and renewal of railway systems for operational purposes.
City of Westminster1 and 2The provision of a working site and access for construction.
14The provision of a working site.
30 to 32, 49, 77 and 78The provision and renewal of railway systems for operational purposes.
33b, 33d, 33e and 33fThe provision of a working site and the diversion of public utilities' apparatus.
47, 48, 50 to 57, 61 and 69 to 71The provision of a working site.
60The provision of access for construction.
79 and 80The provision of a working site and access for construction.
88The provision of a working site.
89a and 93aThe provision of pedestrian access.
96, 98, 99, 102, 103, 124 and 125The provision and renewal of railway systems for operational purposes.
106The diversion of public utilities' apparatus.
114 and 119The diversion of public utilities' apparatus and the provision of alternative access.
209The provision of access for construction and maintenance, a working site and the diversion of public utilities' apparatus.
215The provision of a working site and the diversion of public utilities' apparatus.
324The provision and renewal of railway systems and station facilities for operational purposes.
324a and 324bThe provision and renewal of a ticket hall, station facilities and railway systems for operational purposes.
550The provision of a working site.
London Borough of Camden8aThe provision of accommodation works.
140, 141 and 143The provision of a working site and access for construction.
London Borough of Islington4 to 12 and 16The provision and renewal of railway systems and station facilities for operational purposes.
14 and 15The provision and renewal of railway systems and station facilities for operational purposes and the diversion of public utilities' apparatus.
22, 23 and 26The provision of a working site.
91The diversion of public utilities' apparatus.
98The provision and renewal of railway systems and station facilities for operational purposes.
City of London5 and 6The provision of a working site.
12The provision and renewal of railway systems for operational purposes.
14The provision of a working site and the diversion of public utilities' apparatus.
75 and 90 to 92The provision and renewal of railway systems and station facilities for operational purposes.
105The provision of a working site.
116bThe provision of accommodation works.
124The provision of a working site and access for construction.
134The provision of a working site and the provision and renewal of station facilities.
139a and 141aThe provision and renewal of a ticket hall and station facilities.
133, 139, 141, 146, 150 and 151The provision and renewal of railway systems and station facilities for operational purposes.
London Borough of Tower Hamlets247The provision of access for construction.
248 and 275The provision and renewal of railway systems and station facilities for operational purposes and the diversion of public utilities' apparatus.
243c and 272aThe provision and renewal of railway systems and station facilities for operational purposes and the provision of a working site.
240The provision of a working site
244The provision of a working site and access for construction and maintenance.
251The provision of accommodation works and access for construction and maintenance.
388, 390, 392, 399, 400 and 403The provision of a working site and access for construction and operational purposes.
580 and 587The provision of a working site and access for construction.
713 and 723The provision of access for construction and operational purposes.
712a, 713a, 713b, 713c, 714d, 714e, 714f, 717b, 722a, 727a, 732a, 735b, 737a, 737b, 738a, 739a, 765a, 767, 767a, and 770The provision of a working site and access for protective works.
714a, 714b, 714c, 765b, and 767bThe provision of ground anchors.
731, 732 and 739The provision of a working site and access for construction and operational purposes.
754aThe provision of access for construction.
768The provision of a working site.
808The diversion of public utilities' apparatus.
811The provision of a working site and the diversion of public utilities' apparatus.
844cThe provision of barge loading facilities and mitigation works.
870 to 872The provision of a working site and access for construction.
890, 895 to 897, 900, 901, 906, 907, 910, 911, 915, 917, 922 to 924, 927, 932, 935, 938, 942, 946, 949, 954, 957, 964 and 966The provision of access for construction and operational purposes.
1142The provision of a working site, access for construction and operational purposes and the diversion of public utilities' apparatus.
1224aThe provision of access for construction and the diversion of public utilities' apparatus.
1224c, 1227a, 1227b, 1229b, 1235, 1238a, 1238b, 1238c, 1242 and 1252aThe provision of a working site, the diversion of public utilities' apparatus and the reinstatement of existing Travellers' Site.
1247, 1247a, 1250, 1252, 1252b, 1255a and 1255bThe provision of a working site.
1247bThe provision of access for construction and operational purposes.
1294The provision of a working site.
1346cThe provision of a working site and public utilities' apparatus.
1346d and 1424The provision of access for construction and maintenance.
1411 and 1411aThe provision of a working site and the diversion of public utilities' apparatus.
1440a and 1440bThe provision of protective works for the construction of Work No. 2/8A
1443The provision of a working site.
London Borough of Newham4 and 7The provision of a working site and diversion of public utilities' apparatus.
6dThe provision of barge loading facilities and mitigation works.
8a, 8c and 8dThe provision of a working site.
9 and 10The provision of access for construction and operational purposes and the diversion of public utilities' apparatus.
75The provision of a working site and diversion of public utilities' apparatus.
111, 112 and 115The provision of a working site.
138, 139, 146, 148, 149, 151 to 154, 158, 162, 174, 175 and 178The provision of a working site, access for construction and operational purposes and works to pumping station.
182 and 190 to 192The provision of a working site.
194 to 196The provision of a working site.
216, 217, 219 to 221, 223, 224, 233, 236 to 238, 240, 241 and 251The provision of a working site.
261, 270, 273 and 274The provision of a working site and the diversion of public utilities' apparatus.
331The diversion of electric high voltage underground cables.
330a and 330bThe provision of a working site.
294 to 297, 314, 316, 356, 363, 376, 381, 382 and 386The provision of a working site.
566, 578, 591 to 597, 599, 600, 604, 607, 609, 611, 612, 615 and 617The provision of a working site, diversion of overhead electric cables and access for construction and maintenance.
413, 416 and 418The provision of a working site.
610, 616, 618, 620 to 665, 671 to 683, 685 to 694 and 698 to 703The provision and renewal of railway systems and station facilities for operational purposes.
684The provision of access for construction and maintenance.
695The provision of access for construction and maintenance.
666 and 668The provision of access for construction and maintenance.
667 and 669The provision of a working site.
London Borough of Greenwich30b, 30c, 31b, 31c, 32b, 39c, 39d, 39e, 39f and 44bThe provision of a working site.
31d, 38b and 39aThe provision of a working site and the diversion of public utilities' apparatus.
33a, 36a, 41a and 39gThe provision of a working site and access for construction and operational purposes.
85The provision of access for construction and operational purposes.
86The provision of access and protective works.
98, 105 and 112aThe provision of a working site, the diversion of public utilities' apparatus and the provision of access for construction and operational purposes.
103The diversion of public utilities' apparatus.
110a and 110bThe provision of access and the diversion of public utilities' apparatus.
112bThe provision of a working site.
124 and 126The diversion of electric high voltage underground cables and other public utilities' apparatus.
142, 143, 145 and 147The diversion of electric high voltage underground cables and other public utilities' apparatus.
150The diversion of public utilities' apparatus.
154The diversion of public utilities' apparatus.
180The provision of a working site.
188 and 189The provision of a working site and the diversion of public utilities' apparatus.
228The provision of access for construction and operational purposes.
London Borough of Bexley62The provision of a working site and the diversion of public utilities' apparatus.
72, 74, 76 and 77The provision of a working site.
63, 65, 66 and 67The provision of a working site and access for construction.
69 to 71The diversion of public utilities' apparatus.
London Borough of Redbridge1, 2, 6, 8, 13, 15, 22 to 25, 27 to 37, 42 to 68 and 70 to 85The provision and renewal of railway systems and station facilities for operational purposes.
38The provision of access.
39 and 40The provision of a working site and access for construction and maintenance.
63a and 64bThe provision of access.
64cThe provision of a working site, access and depot facilities.
69The provision of a working site and access for construction.
87aThe provision of a working site and access for construction.
97The provision of access for construction.
103The provision of a working site and access for construction and maintenance.
London Borough of Barking & Dagenham9 to 11The provision and renewal of railway systems for operational purposes.
19The diversion of public utilities' apparatus.
22The provision of access and the diversion of high pressure gas pipelines.
London Borough of Havering3The provision of access and the diversion of high pressure gas pipelines.
6 and 7The provision of a working site and the diversion of public utilities' apparatus.
9The provision of a working site and the diversion of high pressure gas pipelines.
10The provision of a working site and access for construction.
25 and 26The provision of a working site and the diversion of public utilities' apparatus.
36 and 38The provision of a working site, the diversion of high pressure gas pipelines, the relocation of gas pressure reduction stations and the removal of a gas holder.
87The provision of access for construction.
94The provision of a working site.
122, 125, 126 and 128 to 133The provision of access and temporary station facilities.
114, 115, 119, 121, 123, 124 and 127The provision of a working site, access for construction, the diversion of public utilities' apparatus and the provision and renewal of station facilities.
97 to 102, 135 to 137 and 139, 141 to 147, 150 to 153, 155 to 159, 183, 185 to 193 and 196 to 199The provision and renewal of railway systems and station facilities for operational purposes.
148The provision of a working site and access for construction.
169aThe provision of access.
195The provision of access for construction.
Borough of Brentwood1 to 23 and 25 to 32The provision and renewal of railway systems and station facilities for operational purposes.
34 and 39The provision of a working site and access for construction and maintenance.
51The provision of a working site.
District of Basildon7 to 12The provision of a working site.
District of Tendring1 to 5The provision and renewal of railway systems and depot facilities for operational purposes.
Royal Borough of Windsor & Maidenhead25aThe provision of a working site and access for construction.
39 to 41The provision of a working site and improvement of station facilities.
53 to 61 and 64 to 67The provision of access and renewal of railway systems for operational purposes and the diversion of public utilities' apparatus.
63The provision of access for construction and maintenance.
68The provision of access for construction.
69 to 71, 73 and 74The provision of a working area.
District of South Bucks1 and 4 to 7The provision and renewal of railway systems for operational purposes and the diversion of public utilities' apparatus.
1a and 1bThe provision of a working area.
8 to 33The provision and renewal of railway systems and station facilities for operational purposes.
48The provision of a working site.
82, 83 and 85The provision of a working site.
89, 98, 99, 102, 104 to 106, 108, 110, 113 and 116The provision and renewal of railway systems for operational purposes.
91The provision and renewal of railway systems for operational purposes and the diversion of overhead electric cables.
93The provision of access for construction and maintenance.
95The diversion of overhead electric cables and the provision of access.
97The diversion of overhead electric cables.
107 and 111The provision of access for construction.
Borough of Slough1 to 4, 6, 9, 11, 12, 15, 16, 22, 24, 44, 144, 157, 158, 160, 164, 167, 186, 201, 215, 220 to 224, 227 to 229, 231 to 236, 238, 239 and 243The provision and renewal of railway systems and station facilities for operational purposes.
5The provision of access and a working site.
7, 8 and 10The provision of a working site.
13The provision of a working site.
18, 19, 21, 26 and 27The provision of access and provision of a working site.
31 and 36The provision of a working site.
38The provision of a working site and the diversion of public utilities' apparatus.
49, 51, 52, 54, 55, 58 and 61 to 63The provision of access and a working site.
77 and 78The provision of access for construction.
90 and 95The provision of a working site.
138 and 141The provision of a working site.
143, 145, 149, 154, 156 and 159The provision of a working site.
161, 163, 165, 166, 170 and 171The provision of a working site.
216The provision of a working site.
225, 226, 230, 237, 240 to 251a and 259aThe provision of access and a working site.
252aThe provision of protective works to high pressure gas and oil pipelines and other public utilities' apparatus.
London Borough of Hillingdon2The provision of access for construction.
88The diversion of public utilities' apparatus.
101The diversion of public utilities' apparatus.
3 to 6, 11, 13, 14, 102, 103, 119, 121, 124, 125 and 252 to 259The provision and renewal of railways systems for operational purposes.
104 and 105The provision and renewal of railway systems for operational purposes and the provision of environmental mitigation.
127, 127b, 130, 130a to 132, 134 and 135The provision of a working site, access for construction and maintenance and the provision of environmental mitigation.
118, 120, 122, 123, 126 and 136The provision of a working site and access for construction.
137The provision of access for construction.
146, 154, 157, 165, 168, 169 and 173The provision of a working site, access for construction and the diversion of public utilities' apparatus.
155, 159, 161, 162, 163, 166, 174, 175, 176, 181, 182 and 188The provision of a working site and the provision of environmental mitigation.
190 and 192The provision of a working site.
198a and 211aThe provision of access for construction.
200, 213 and 245The provision of a working site.
326 to 330The provision of access and the provision of railway systems for operational purposes.
London Borough of Ealing1 to 8, 10 to 26, 27, 30 to 32, 34, 36 to 57, 59 to 61, 63, 67, 69, 71, 72, 84 to 86, 94 to 110, 112 to 124, 126 to 143 and 188 to 200The provision and renewal of railway systems and station facilities for operational purposes.
28, 29 and 33The provision of a working site and access for construction.
35The provision of a working site.
58The provision of a working site and access for construction.
64, 65, 66 and 68The provision of a working site and access for construction.
70The provision of a working site.
94 to 110The provision and renewal of railway systems for operational purposes.
145 and 146The provision of a working site and access for construction.
154 and 156The provision of a working site and the diversion of public utilities' apparatus.
194a, 199a and 200aThe provision and renewal of railway systems and depot facilities for operational purposes.

Part 2Application of legislation relating to compulsory purchase

Lands Clauses Consolidation Act 1845

1The Lands Clauses Consolidation Act 1845 (c. 18) shall not apply to the acquisition of land under section 6(1) above.

Compulsory Purchase Act 1965

2Part 1 of the Compulsory Purchase Act 1965 (c. 56), so far as not inconsistent with this Act, shall apply to an acquisition of land under section 6(1) as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 (c. 67) applies and as if this Act were a compulsory purchase order under that Act.

3(1)In its application by virtue of paragraph 2, the Compulsory Purchase Act 1965 shall have effect with the following modifications.

(2)Section 4 (time for exercise of powers of compulsory purchase) shall be omitted.

(3)Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than 14 days' notice) shall have effect—

(a)in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of “one month's”, and

(b)in any other case, with the substitution for “fourteen days” of “three months'”.

(4)In section 22(2) (expiry of time limit for exercise of power of compulsory acquisition not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” there shall be substituted “section 6(6) of the Crossrail Act 2008”.

(5)In Schedule 3 (alternative procedures for obtaining right of entry), paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.

Compulsory Purchase (Vesting Declarations) Act 1981

4The Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) shall apply as if this Act were a compulsory purchase order.

5(1)In its application by virtue of paragraph 4, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.

(2)In section 3 (preliminary notices) for subsection (1) there shall be substituted—

(1)Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is—

(a)given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and

(b)published in the London Gazette.

(3)In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”.

(4)In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—

(7)For the purposes of this section, a person has a relevant interest in land if—

(a)he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or

(b)he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.

(5)In section 5 (earliest date for execution of declaration)—

(a)in subsection (1), after “publication” there shall be inserted “in the London Gazette”, and

(b)subsection (2) shall be omitted.

(6)References to the Compulsory Purchase Act 1965 (c. 56) shall be construed as references to that Act as applied to the acquisition of land under section 6(1).

Part 3Supplementary provisions

Acquisition of new rights

6(1)The power conferred by section 6(1) shall include power to create and acquire such easements or other rights over land to which the power relates as may be required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail.

(2)Part 1 of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 6(1), and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1)—

(a)with the modifications specified in paragraph 7, and

(b)with such other modifications as may be necessary.

7(1)The modifications referred to in paragraph 6(2)(a) are as follows.

(2)For section 7 of the Compulsory Purchase Act 1965 there shall be substituted—

7Measure of compensation in case of purchase of new right

In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had, not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the acquisition of the right, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

(3)In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted—

(1)This subsection applies where—

(a)a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”) has been served on a person under section 5 of this Act,

(b)in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the Lands Tribunal, and

(c)before the Lands Tribunal have determined that question, the person on whom the notice has been served satisfies them that the relevant conditions are met.

(1A)The relevant conditions are—

(a)that he has an interest which he is able and willing to sell in the whole of the relevant land;

(b)where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and

(c)where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house.

(1B)Where subsection (1) above applies—

(a)the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served—

(i)cease to authorise the purchase of the right to which the notice relates, and

(ii)be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house, and

(b)the notice to treat shall be deemed to have been served in respect of that interest on such date as the Lands Tribunal direct.

(1C)Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the Lands Tribunal.

(1D)Where the Lands Tribunal determine that the person on whom a notice to treat has been served has satisfied them as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination.

(1E)Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat.

(4)The following provisions of that Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), namely—

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

(5)Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer’s or sheriff’s warrant in the event of obstruction) of that Act shall be modified correspondingly.

(6)Section 20 of that Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land, but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

(7)Section 22 of that Act (protection of acquiring authority’s possession of land where interest accidentally omitted from purchase) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

(8)References in that Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a)the right acquired or to be acquired, or

(b)the land over which the right is, or is to be, exercisable.

(9)In the Land Compensation Act 1973 (c. 26), for section 44 there shall be substituted—

44Compensation for injurious affection

(1)Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable.

(2)In this section, “compensation for injurious affection” means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by paragraph 6(2) of Schedule 6 to the Crossrail Act 2008.

(10)For section 58 of that Act there shall be substituted—

58Determination of material detriment where right over part of house etc. proposed for compulsory acquisition

(1)Subsection (2) applies where the Lands Tribunal is determining under section 8(1)(c) of the Compulsory Purchase Act 1965, as applied by paragraph 6(2) of Schedule 6 to the Crossrail Act 2008, whether—

(a)a right over part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or

(b)a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house.

(2)The Tribunal shall take into account, not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden, but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

Limitation of power of acquisition to rights only

8In the case of land specified in the following table, the power conferred by section 6(1) shall be exercisable only in relation to the creation and acquisition of easements or other rights over land for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction or maintenance of the works authorised by this Act.

(1)(2)
AreaNo. on deposited plans
London Borough of Hammersmith & Fulham10 and 11
Royal Borough of Kensington & Chelsea3
City of Westminster58, 59, 207 and 210
City of London15 and 16
London Borough of Tower Hamlets245a, 575, 576, 578 and 579
678, 679, 700, 703, 706, 710, 718, 725, 726, 728, 729, 731c, 731d, 731e, 731f, 736, 742, 746, 747, 759a, 763, 764, 766, 769, 772, 773 and 777
821 and 822
980, 982 and 986
London Borough of Newham8g
42a and 42b
93, 113 and 116
99, 104 and 109
123, 135, 144, 165 and 176
563, 564 and 569
602, 603, 613 and 614
London Borough of Greenwich37, 40, 40a, 40b, 44 and 52
114, 117, 118, 121, 122, 123 and 129
116
London Borough of Bexley27
42
84a
93, 99 and 102
London Borough of Redbridge87b, 96 and 96a
London Borough of Havering32
Royal Borough of Windsor & Maidenhead6 and 8
23 and 24
District of South Bucks2 and 3
87, 88, 90, 92, 109 and 112
94, 96 and 100
Borough of Slough17 and 25
28 to 30 and 37
46 to 48
82 and 85
169
217
London Borough of Hillingdon1
127a
143, 147, 148, 158 and 160
178 and 178a
London Borough of Ealing165

9In the case of land specified in the following table, the power conferred by section 6(1) shall be exercisable only in relation to—

(a)the creation and acquisition of easements or other rights over land for access to an existing railway, and

(b)where the land is comprised in an existing railway, the creation and acquisition of easements or other rights over land for the passage of trains, including locomotives and other vehicles carried on flanged wheels, together with easements and other rights ancillary thereto.

(1)(2)
AreaNo. on deposited plans
London Borough of Hillingdon260 to 325

Limitation of power of acquisition to land of specified description

10In the case of land specified in columns (1) and (2) of the following table, the power conferred by section 6(1) shall be exercisable only in relation to so much of the land as falls within the description specified in relation to it in column (3) of the table—

(1)(2)(3)
AreaNo. on deposited plansDescription of land subject to power of acquisition
City of Westminster79 and 80Land comprised within car park, road off Orsett Terrace and adjoining railway facilities.
96, 102, 103, 124 and 125Operational works and land comprised within Paddington Station (main line and underground) and road off Praed Street.
105Basement level of building and subsoil beneath.
106Basement level of building.
324, 324a and 324bOperational works and land comprised within Bond Street Station.
323, 325a, 326a, 328, 339a and 693 to 709Operational works and land comprised within Bond Street Station together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that station or as lies more than 9 metres below the level of the surface of the land.
London Borough of Camden8aGround floor, reception area, entrance, fire escape and paved area (Centre Point).
London Borough of Islington16Operational works and land comprised within Farringdon Station.
17Operational works and land comprised within Farringdon Station together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that station or as lies more than 9 metres below the level of the surface of the land.
21Underground car park (Caxton House) and subsoil beneath.
22, 23 and 26Underground car parks (Caxton House and Snow Hill).
98Operational works and land comprised within Moorgate Station.
City of London5 and 6Underground car park (Snow Hill) and access road.
11Operational works and land comprised within Moorgate branch railway together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that railway or as lies more than 9 metres below the level of the surface of the land.
12Operational works and land comprised within Moorgate Branch railway.
13Underground car park (Smithfield) and subsoil beneath.
14Underground car park (Smithfield).
49Operational works and land comprised within Barbican Station together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that station or as lies more than 9 metres below the level of the surface of the land.
50Operational works and land comprised within Barbican Station.
75 and 90 to 92Operational works and land comprised within Moorgate Station.
76, 77 and 79Operational works and land comprised within Moorgate Station together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that station or as lies more than 9 metres below the level of the surface of the land.
133, 139, 139a, 141, 141a, 146, 150 and 151Operational works and land comprised within Liverpool Street Station.
119, 120, 122, 142, 144, 148 and 149Operational works and land comprised within Liverpool Street Station together with such of the subsoil or under-surface of the land specified in columns (1) and (2) to which this description relates as lies beneath that station or as lies more than 9 metres below the level of the surface of the land.
London Borough of Tower Hamlets714a, 714b, 714c, 765b and 767bSubsoil or undersurface of the land between 5 metres and 20 metres beneath the level of the surface of the land.
717b, 727, 727a, 735b and 765aDock, bed thereof, dock wall (Banana Wall), operational works and land comprised within West India Dock (North).
London Borough of Hillingdon260 to 325Operational railway facilities (Heathrow Express Railway), including shafts and compounds together with access roads thereto.

Acquisition of subsoil

11(1)In the case of land specified in the following table, the power conferred by section 6(1) shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres beneath the level of the surface of the land.

(1)(2)
AreaNo. on deposited plans
City of Westminster104, 107, 109, 135 to 204, 208, 211, 212, 219 to 310, 312 to 322, 326b, 326e, 330 to 338, 344 to 351, 352 to 415, 418, 424, 425 to 428, 430 to 435, 441 to 446, 451, 452, 456 to 547, 552 to 565, 588 to 594, 596, 597, 601 to 611, 613 to 642, 649 to 658, 663 to 665, 667 to 672, 675 and 677 to 683
London Borough of Camden17 to 29, 33 to 139, 144, 145, 149 to 152, 156 to 278 and 280
London Borough of Islington2, 18, 20, 27, 28, 30 to 33, 35 to 82 and 86 to 88
City of London39 to 41, 44 to 48, 51, 56 to 59, 61 to 70, 78, 94, 95, 98 to 100, 106, 107, 109 to 112, 118, 126 to 132, 137, 140, 152 to 158, 162 and 165 to 208
London Borough of Tower Hamlets1 to 157, 159, 160, 164, 166, 167, 170 to 223, 226 to 239, 241, 242, 268, 274, 276, 278, 282, 283, 285, 286, 291, 296 to 387, 401, 402, 404 to 574, 589, 591 to 629, 631 to 663, 665 to 677, 680 to 698, 701, 702, 704, 705, 708, 711, 778 to 787, 791 to 793, 795, 797 to 806, 812 to 819, 823 to 843, 845 to 847, 849 to 864, 989, 992, 994 to 1134, 1136 to 1139, 1141, 1149, 1153, 1156 to 1223, 1225, 1226, 1228, 1230, 1231, 1233, 1234, 1236, 1237, 1240, 1241, 1244 to 1246, 1254, 1256, 1259 to 1263, 1265, 1266, 1268 to 1270, 1272 to 1274, 1276 to 1285, 1287, 1288 to 1293, 1296 to 1306, 1308, 1310 to 1312, 1315 to 1317, 1319 to 1329, 1331, 1331a, 1332, 1333, 1333a, 1335, 1335a, 1336, 1336a, 1337, 1338, 1338a, 1339, 1341, 1341a, 1342, 1344, 1345, 1346, 1346a, 1347 to 1369, 1369a, 1370, 1370a, 1371 to 1374, 1374a, 1375 to 1378, 1380, 1381, 1383 to 1388, 1390 to 1395, 1398 to 1402, 1404, 1405, 1407, 1408, 1414 to 1420, 1425 to 1439 and 1441
London Borough of Newham1, 11 to 41, 43, 44, 214, 218, 256, 280, 283 to 287, 289 to 292
London Borough of Greenwich1, 2, 6, 8 to 10, 12 to 14, 16 to 29, 49a, 51a, 52a, 53a, 54a, 55a, 56a, 57a, 58a, 59a, 59b, 59c, 59d, 59e, 88a, 93a, 93b, 93c, 93d and 93e

(2)In the case of any other land, the power conferred by section 6(1) shall, subject to paragraph 10, be exercisable as well in relation to the subsoil or under-surface only as in relation to the land as a whole.

(3)The following shall not apply where the power conferred by section 6(1) is exercised in relation to the subsoil or under-surface of land only—

(a)section 8(1) of the Compulsory Purchase Act 1965 (c. 56) (limitation on right to require a person to sell part only of any house, building, manufactory or park or garden belonging to a house);

(b)Schedule 1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) (corresponding provision in case of general vesting declaration).

Limitation of power of acquisition in relation to land not more than 9 metres below the surface

12In the case of land specified in the following table, the power conferred by section 6(1), so far as relating to so much of the land as does not lie more than 9 metres beneath the level of its surface, shall be exercisable only in relation to the creation and acquisition of easements or other rights over land for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction or maintenance of the works authorised by this Act.

(1)(2)
AreaNo. on deposited plans
City of Westminster429
London Borough of Tower Hamlets245, 577, 709, 776 and 807

Extension of power to acquire new rights

13(1)The Secretary of State may by order provide that section 6(1), so far as relating to acquisition by virtue of paragraph 6(1), shall be treated as also authorising acquisition by such person as may be specified in the order.

(2)The power to make an order under sub-paragraph (1) includes power to make an order varying or revoking any order previously made under that provision.

Acquisition of part only of certain properties

14(1)Where—

(a)a notice to treat under Part 1 of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 6(1), is served in respect of land forming part only of a house, building or manufactory or part only of land consisting of a house with a park or garden, and

(b)a copy of this paragraph is served with the notice to treat,

the following provisions of this paragraph, with paragraphs 15 and 16, shall apply instead of section 8(1) of the Compulsory Purchase Act 1965.

(2)The person on whom the notice to treat is served (“the owner”) may within the period of 21 days beginning with the day on which the notice to treat is served on him, serve on the Secretary of State a counter-notice objecting to the sale of the part (“the land subject to the notice to treat”) and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).

(3)If no counter-notice is served under sub-paragraph (2), the owner shall be required to sell the land subject to the notice to treat.

(4)If a counter-notice is served under sub-paragraph (2) and the Secretary of State agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(5)If a counter-notice is served under sub-paragraph (2) and the Secretary of State does not agree to take the land subject to the counter-notice, the question as to what land the owner is to be required to sell shall be referred to the Lands Tribunal.

15(1)If, on a reference under paragraph 14(5), the Lands Tribunal determine that the land subject to the notice to treat can be taken—

(a)without material detriment to the remainder of the land subject to the counter-notice, and

(b)where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the house to which the garden only land belongs,

the owner shall be required to sell the land subject to the notice to treat.

(2)If, on such a reference, the Lands Tribunal determine that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (1), the notice to treat shall, subject to sub-paragraph (3), be deemed to be a notice to treat for that part.

(3)Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (2) shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the Lands Tribunal determine that that land can be taken without seriously affecting the amenity and convenience of the house to which the garden only land belongs.

(4)If, on such a reference, the Lands Tribunal determine—

(a)that 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, but

(b)that the material detriment is confined to part of the remainder of that land,

then, except where sub-paragraph (5) applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.

(5)If, in a case where the land subject to the notice to treat consists of or includes garden only land, the Lands Tribunal determine on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the house to which the garden only land belongs, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(6)If, on such a reference, the Lands Tribunal determine—

(a)that 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, and

(b)that the material detriment is not confined to part of the remainder of that land,

the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

(7)For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if—

(a)it consists of the whole or part of a park or garden belonging to a house, or

(b)it includes the whole or part of such a park or garden but does not include the house or any part of it.

16(1)Where under paragraph 15 a notice to treat is deemed by virtue of a determination of the Lands Tribunal to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.

(2)If the Secretary of State withdraws a notice to treat under sub-paragraph (1), he shall pay the person on whom the notice was served compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice, such compensation to be determined in case of dispute by the Lands Tribunal.

(3)Where under paragraph 14 or 15 a person is required to sell part only of a house, building or manufactory or of land consisting of a house with a park or garden, the Secretary of State shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.

(4)A notice to treat shall have the effect which it is deemed to have under paragraph 14(4) or 15(4), (5) or (6) whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Act.

Minerals

17(1)Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which section 6(1) applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.

(2)In their application by virtue of sub-paragraph (1), Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications—

(a)references to the acquiring authority, except the second reference in paragraph 6, shall be construed as references to the nominated undertaker, and

(b)references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised by this Act to carry on.

Power to require acquisition where time limit extended

18(1)If the Secretary of State makes an order under section 6(7), the following provisions shall have effect as from the coming into operation of the order.

(2)If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice—

(a)enter into an agreement with him for the acquisition of his interest in the whole or part of the land specified in the notice,

(b)exercise the relevant powers of compulsory acquisition in respect of his interest in the whole or part of the land specified in the notice, or

(c)serve on him notice in writing of the Secretary of State’s intention not to proceed with the purchase of his interest in any of the land specified in the notice.

(3)Where a person gives the Secretary of State notice under sub-paragraph (2) and the Secretary of State—

(a)fails to comply with the requirements of that sub-paragraph,

(b)withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or

(c)serves on the owner notice in compliance with paragraph (c) of that sub-paragraph,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in any of the land specified in the notice under sub-paragraph (2).

(4)Where—

(a)a person gives the Secretary of State notice under sub-paragraph (2), and

(b)the Secretary of State acquires in pursuance of paragraph (a) or (b) of that sub-paragraph that person’s interest in some, but not all, of the land specified in the notice,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in the remainder of that land.

(5)References in this paragraph to the relevant powers of compulsory acquisition are to—

(a)the power to serve a notice to treat under Part 1 of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under section 6(1), and

(b)the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), as applied by paragraph 4 above.

(6)In this paragraph—

19Paragraph 18 shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than 9 metres below the level of the surface of the land.

Compensation

20Section 4 of the Acquisition of Land Act 1981 (c. 67) (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Act as if it were a compulsory purchase for the purposes of that Act.

Section 10

SCHEDULE 7Planning conditions

Part 1Qualifying authorities

Specification

1(1)As soon after the day on which this Act is passed as the Secretary of State considers reasonably practicable, he shall, by order made by statutory instrument, specify every relevant local authority which—

(a)had, on or before the day on which the Bill for this Act was reported from Select Committee in the House of Lords, given him undertakings with respect to the handling of planning matters arising under this Schedule which he considered satisfactory, and

(b)has not subsequently been released from its undertakings.

(2)Subject to the following provisions of this paragraph, an authority which is specified under sub-paragraph (1) is a qualifying authority for the purposes of this Schedule.

(3)The Secretary of State may, if he considers it expedient to do so, by order made by statutory instrument provide that an authority shall cease to be a qualifying authority for the purposes of this Schedule.

(4)If, in relation to a relevant local authority which is not a qualifying authority for the purposes of this Schedule, the Secretary of State considers that the way in which the authority carries out its functions has been significantly affected by a change of circumstances occurring since the relevant day, he may by order made by statutory instrument provide that the authority shall be a qualifying authority for the purposes of this Schedule.

(5)Before making an order under sub-paragraph (3) or (4), the Secretary of State shall consult—

(a)the nominated undertaker, and

(b)unless the authority concerned has requested him to make the order, that authority.

(6)A statutory instrument containing an order under sub-paragraph (3) or (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In sub-paragraph (4), the reference to the relevant day is—

(a)in relation to an authority which has never been a qualifying authority for the purposes of this Schedule, to the day mentioned in sub-paragraph (1)(a), and

(b)in relation to an authority which has been a qualifying authority for the purposes of this Schedule, to the day on which it ceased, or last ceased, to be such an authority.

(8)For the purposes of this paragraph, a local authority is a relevant local authority if it has functions under Part 2 or 3 in relation to giving of approval or would have such functions were it specified under sub-paragraph (1).

Transition

2(1)An order under paragraph 1 may contain such transitional provision and savings as the Secretary of State thinks fit.

(2)Without prejudice to the generality of sub-paragraph (1), provision under that sub-paragraph may include provision with respect to the effect, in a case where the nominated undertaker has obtained, or requested, approval under this Schedule, of the authority which granted the approval, or to which the request has been made, ceasing to be, or becoming, a qualifying authority for the purposes of this Schedule.

(3)The Secretary of State may by agreement fetter the exercise of his discretion under sub-paragraph (1).

Part 2Development in the area of a unitary authority

Introductory

3This Part has effect in relation to development in the area of a unitary authority.

Planning regimes

4(1)The requirement set out in paragraph 5 shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a unitary authority which is not a qualifying authority for the purposes of this Schedule.

(2)For the purposes of sub-paragraph (1), development is relevant development to the extent that it consists of or includes the erection, construction, alteration or extension of any building.

(3)The requirements set out in paragraphs 6 to 10 shall be conditions of the deemed planning permission, so far as relating to development in the area of a unitary authority which is a qualifying authority for the purposes of this Schedule.

(4)The requirements set out in paragraph 11 shall be conditions of the deemed planning permission, so far as relating to development in the area of any unitary authority.

Conditions: non-qualifying authority

5(1)Development shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.

(2)The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

(3)Where the local planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)The only ground on which the local planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—

(a)that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or

(b)that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.

Conditions: qualifying authority

6(1)To the extent that development consists of any operation or work mentioned in column (1) of the table in sub-paragraph (4), it shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.

(2)The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).

(3)Where the local planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in column (1) of the following table is a ground specified in relation to it in column (2) of the table.

(1)(2)
Operation or workGrounds

1.  Construction works

(a)

The erection, construction, alteration or extension of any building (except for anything within (b) or (c) or item 2 or 4) or road vehicle park.

(b)

The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.

(c)

The erection, construction, alteration of extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.

That the design or external appearance of the works ought to be modified—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Act.

2.  Minor construction works

The erection, construction, alteration or extension of any transformers, telecommunications masts or pedestrian accesses to railway lines.

That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.

3.  Fences and walls

The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c)).

That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.

4.  Artificial lighting

The erection, construction or installation of lighting equipment.

That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Act.

5.  Waste and spoil disposal

The disposal of waste or spoil.

That—

(a)

the design or external appearance of disposal sites on land within the relevant limits,

(b)

the methods by which such sites are worked, or

(c)

the noise, dust, vibration or screening arrangements during the operation of such sites,

ought to be modified, and are reasonably capable of being modified.

That—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

6.  Borrow pits

The excavation of bulk materials from borrow pits.

That—

(a)

the design or external appearance of borrow pits on land within the relevant limits,

(b)

the methods by which such pits are worked, or

(c)

the noise, dust, vibration or screening arrangements during the operation of such pits,

ought to be modified, and are reasonably capable of being modified.

That—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

(5)In the case of items 1(b) and (c) and 4 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to the item in column (2) of the table does not apply in relation to development which forms part of a scheduled work.

(6)In the case of items 5 and 6 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to it in column (2) of the table does not apply in relation to development which—

(a)is within the limits of deviation for the scheduled works, or

(b)consists of the use of land specified in columns (1) and (2) of Part 1 of Schedule 6 for a purpose specified in relation to the land in column (3) of that Part.

(7)Any reference in column (1) of the table in sub-paragraph (4) to a description of works does not include works of that description of a temporary nature; and for this purpose, a building ancillary to a scheduled work is only to be regarded as being of a temporary nature if it is intended to remain in place for no longer than two years after the date on which the scheduled work is brought into general use.

(8)Sub-paragraph (4) (as it has effect with sub-paragraphs (5) to (7)) shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

7(1)Development shall be carried out in accordance with arrangements approved by the local planning authority at the request of the nominated undertaker with respect to the matters mentioned in column (1) of the table in sub-paragraph (2).

(2)The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in column (1) of the following table is—

(a)that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

(b)the ground specified in relation to the matter in column (2) of the table.

(1)(2)
MattersGrounds

1.  Road transport

Routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.

That the arrangements ought to be modified—

(a)

to preserve the local environment, local amenity or a site or archaeological or historic interest or nature conservation value, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

2.  Handling of re-useable spoil and top soil

Handling during removal, storage and re-use of any spoil or top soil removed during the course of carrying out the development.

That the arrangements ought to be modified to ensure that the spoil or top soil remains in good condition, and are reasonably capable of being so modified.

3.  Storage sites

Sites on land within the relevant limits at which—

(a)

minerals, aggregates or other construction materials required for the development, or

(b)

spoil or top soil,

are to be stored until used or re-used in carrying out the development or disposed of as waste.

That the arrangements ought to be modified—

(a)

to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

4.  Construction camps

Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.

As item 3.

5.  Screening

Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.

As item 3.

6.  Artificial lighting

The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.

That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.

7.  Suppression of dust

The suppression of dust caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.

As item 6.

8.  Mud on highway

Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying out the development.

That the arrangements ought to be modified—

(a)

to preserve the local environment or local amenity, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

(3)No arrangements for the purposes of sub-paragraph (1) shall be required—

(a)in relation to transportation on a special road or trunk road, or

(b)in relation to transportation to a site where the number of large goods vehicle movements (whether to or from the site) does not on any day exceed 24.

(4)In sub-paragraph (1), the reference to arrangements, in relation to item 6 in column (1) of the table in sub-paragraph (2), does not include detailed arrangements.

(5)The local planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

8(1)To the extent that development consists of—

(a)the disposal of waste or spoil, or

(b)the excavation of bulk materials from borrow pits,

it shall not be begun unless the local planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.

(2)The only ground on which the local planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified, and is reasonably capable of being modified.

(3)The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) applies.

(4)In sub-paragraph (1), the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

9(1)No work to which this paragraph applies shall be brought into use without the approval of the local planning authority.

(2)The works to which this paragraph applies are—

(a)any scheduled work, except for—

(i)a station, or

(ii)so much of any work constructed in a tunnel as is at least 9 metres below the surface of the land in which it is constructed, and

(b)any depot constructed, in exercise of the powers conferred by this Act, for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.

(3)The local planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) if—

(a)it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or

(b)it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.

(4)The local planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—

(a)to preserve the local environment or local amenity,

(b)to preserve a site of archaeological or historic interest, or

(c)in the interests of nature conservation,

and that the scheme is reasonably capable of being so modified.

10Where the local planning authority approves a scheme for the purposes of paragraph 9(3)(b), the nominated undertaker shall be required—

(a)to carry out the scheme, and

(b)to comply with any condition subject to which the scheme is approved.

Conditions: general

11(1)Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.

(2)The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the local planning authority.

(3)If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the appropriate Ministers may determine after consultation with the nominated undertaker and the local planning authority.

(4)Where, independently of any consultation under sub-paragraph (3), the appropriate Ministers ask the local planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (3), they may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

(5)Sub-paragraph (2) shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 8 applies.

(6)Sub-paragraph (2) shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5.

(7)In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.

Part 3Development not in the area of a unitary authority

Introductory

12This Part has effect in relation to development not in the area of a unitary authority.

Planning regimes: district councils

13(1)The requirement set out in paragraph 14 shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a district council which is not a qualifying authority for the purposes of this Schedule.

(2)For the purposes of sub-paragraph (1), development is relevant development to the extent that it consists of or includes the erection, construction, alteration or extension of any building.

(3)The requirements set out in paragraphs 15 and 16 shall be conditions of the deemed planning permission, so far as relating to development, other than excepted development, in the area of a district council which is a qualifying authority for the purposes of this Schedule.

(4)For the purposes of sub-paragraph (3), excepted development is development consisting of—

(a)the disposal of waste or spoil, or

(b)the excavation of bulk materials from borrow pits.

(5)The requirements set out in paragraphs 17 and 18 shall be conditions of the deemed planning permission, so far as relating to development in the area of a district council which is a qualifying authority for the purposes of this Schedule.

(6)The requirements set out in paragraph 19 shall be conditions of the deemed planning permission, so far as relating to development in the area of any district council.

District conditions: non-qualifying authority

14(1)Development shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.

(2)The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.

(3)Where the district planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)The only ground on which the district planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—

(a)that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or

(b)that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.

District conditions: qualifying authority

15(1)To the extent that development consists of any operation or work mentioned in column (1) of the table in sub-paragraph (4), it shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.

(2)The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).

(3)Where the district planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.

(4)The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in column (1) of the following table is a ground specified in relation to it in column (2) of the table.

(1)(2)
Operation or workGrounds

1.  Construction works

(a)

The erection, construction, alteration or extension of any building (except for anything within (b) or (c) or item 2 or 4) or road vehicle park.

(b)

The construction, alteration or extension of any terracing, cuttings, embankments or other earth works. (spara)(c) The erection, construction, alteration of extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.

That the design or external appearance of the works ought to be modified—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Act.

2.  Minor construction works

The erection, construction, alteration or extension of any transformers, telecommunications masts or pedestrian accesses to railway lines.

That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.

3.  Fences and walls

The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c)).

That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.

4.  Artificial lighting

The erection, construction or installation of lighting equipment.

That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.

That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Act.

(5)In the case of items 1(b) and (c) and 4 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to the item in column (2) of the table does not apply in relation to development which forms part of a scheduled work.

(6)Any reference in column (1) of the table in sub-paragraph (4) to a description of works does not include works of that description of a temporary nature; and for this purpose, a building ancillary to a scheduled work is only to be regarded as being of a temporary nature if it is intended to remain in place for no longer than two years after the date on which the scheduled work is brought into general use.

(7)Sub-paragraph (4) (as it has effect with sub-paragraphs (5) and (6)) shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

16(1)Development shall be carried out in accordance with arrangements approved by the district planning authority at the request of the nominated undertaker with respect to the matters mentioned in column (1) of the table in sub-paragraph (2).

(2)The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in column (1) of the following table is—

(a)that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

(b)the ground specified in relation to the matter in column (2) of the table.

(1)(2)
MattersGrounds

1.  Storage sites

Sites on land within the relevant limits at which—

(a)

minerals, aggregates or other construction materials required for the development, or

(b)

spoil or top soil,

are to be stored until used or re-used in carrying out the development or disposed of as waste.

That the arrangements ought to be modified—

(a)

to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

2. Construction camps

Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.

As item 1.

3.  Screening

Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.

As item 1.

4.  Artificial lighting

The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.

That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.

5.  Suppression of dust

The suppression of dust caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.

As item 4.

6.  Mud on highway

Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying out the development.

That the arrangements ought to be modified—

(a)

to preserve the local environment or local amenity, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

(3)The district planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

(4)In sub-paragraph (1), the reference to arrangements, in relation to item 4 in column (1) of the table in sub-paragraph (2), does not include detailed arrangements.

17(1)No work to which this paragraph applies shall be brought into use without the approval of the district planning authority.

(2)The works to which this paragraph applies are—

(a)any scheduled work, except for—

(i)a station, or

(ii)so much of any work constructed in a tunnel as is at least 9 metres below the surface of the land in which it is constructed, and

(b)any depot constructed, in exercise of the powers conferred by this Act, for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.

(3)The district planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) if—

(a)it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or

(b)it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.

(4)The district planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—

(a)to preserve the local environment or local amenity,

(b)to preserve a site of archaeological or historic interest, or

(c)in the interests of nature conservation,

and that the scheme is reasonably capable of being so modified.

18Where the district planning authority approves a scheme for the purposes of paragraph 17(3)(b), the nominated undertaker shall be required—

(a)to carry out the scheme, and

(b)to comply with any condition subject to which the scheme is approved.

District conditions: general

19(1)Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.

(2)The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the district planning authority.

(3)If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the appropriate Ministers may determine after consultation with the nominated undertaker and the district planning authority.

(4)Where, independently of any consultation under sub-paragraph (3), the appropriate Ministers ask the district planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (3), they may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

(5)Sub-paragraph (2) shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 23 applies.

(6)Sub-paragraph (2) shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5.

(7)In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.

County conditions: qualifying authority

20(1)The requirements set out in paragraphs 21 to 23 shall be conditions of the deemed planning permission, so far as relating to relevant development in the area of a county council which is a qualifying authority for the purposes of this Schedule.

(2)For the purposes of sub-paragraph (1), relevant development is development consisting of—

(a)the disposal of waste or spoil, or

(b)the excavation of bulk materials from borrow pits.

(3)The requirement set out in paragraph 24 shall be a condition of the deemed planning permission, so far as relating to development in the area of a county council which is a qualifying authority for the purposes of this Schedule.

21(1)To the extent that development consists of any operation or work mentioned in column (1) of the table in sub-paragraph (4), it shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker.

(2)The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).

(3)Where the county planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specific respect, include a plan or specification showing the additional details.

(4)The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in column (1) of the following table is a ground specified in relation to it in column (2) of the table.

(1)(2)
Operation or workGrounds

1.  Waste and spoil disposal

The disposal of waste or spoil.

That—

(a)

the design or external appearance of disposal sites on land within the relevant limits,

(b)

the methods by which such sites are worked, or

(c)

the noise, dust, vibration or screening arrangements during the operation of such sites,

ought to be modified, and are reasonably capable of being modified.

That—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

2.  Borrow pits

The excavation of bulk materials from borrow pits.

That—

(a)

the design or external appearance of borrow pits on land within the relevant limits,

(b)

the methods by which such pits are worked, or

(c)

the noise, dust, vibration or screening arrangements during the operation of such pits,

ought to be modified, and are reasonably capable of being modified.

That—

(a)

to preserve the local environment or local amenity,

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or

(c)

to preserve a site of archaeological or historic interest or nature conservation value,

the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.

(5)In the case of each of the items in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to the item in column (2) of the table does not apply in relation to development which—

(a)is within the limits of deviation for the scheduled works, or

(b)consists of the use of land specified in columns (1) and (2) of Part 1 of Schedule 6 for a purpose specified in relation to the land in column (3) of that Part.

(6)Sub-paragraph (4) (as it has effect with sub-paragraph (5)) shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.

22(1)Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the matters mentioned in column (1) of the table in sub-paragraph (2).

(2)The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in column (1) of the following table is—

(a)that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

(b)the ground specified in relation to the matter in column (2) of the table.

(1)(2)
MattersGrounds

1. Storage sites

Sites on land within the relevant limits at which—

(a)

minerals, aggregates or other construction materials required for the development, or

(b)

spoil or top soil,

are to be stored until used or re-used in carrying out the development or disposed of as waste.

That the arrangements ought to be modified—

(a)

to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

2.  Construction camps

Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.

As item 1.

3.  Screening

Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.

As item 1.

4.  Artificial lighting

The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.

That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.

5.  Suppression of dust

The suppression of dust caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.

As item 4.

6.  Mud on highway

Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying out the development.

That the arrangements ought to be modified—

(a)

to preserve the local environment or local amenity, or

(b)

to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

(3)The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

(4)In sub-paragraph (1), the reference to arrangements, in relation to item 4 in column (1) of the table in sub-paragraph (2), does not include detailed arrangements.

23(1)To the extent that development consists of—

(a)the disposal of waste or spoil, or

(b)the excavation of bulk materials from borrow pits,

it shall not be begun unless the county planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.

(2)The only ground on which the county planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.

(3)The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) applies.

(4)In sub-paragraph (1), the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.

24(1)Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the routes by which anything is to be transported on a highway by a large goods vehicle to—

(a)a working or storage site,

(b)a site where it will be re-used, or

(c)a waste disposal site.

(2)No arrangements for the purposes of sub-paragraph (1) shall be required—

(a)in relation to transportation on a special road or trunk road, or

(b)in relation to transportation to a site where the number of large goods vehicle movements (whether to or from the site) does not on any day exceed 24.

(3)The only ground on which the county planning authority may refuse to approve arrangements for the purposes of this paragraph is—

(a)that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or

(b)that the arrangements ought to be modified to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.

(4)The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.

Part 4Supplementary

Programming of requests for planning approvals

25A planning authority shall not be required to entertain a request for approval under Part 2 or 3 unless—

(a)the nominated undertaker has deposited with the authority a document setting out its proposed programme with respect to the making of requests under that Part to the authority, and

(b)the request is accompanied by a document explaining how the matters to which the request relates fit into the overall scheme of the works authorised by this Act.

Consultation

26(1)Where a planning authority considers that a request for approval under Part 2 or 3 relates to matters which may affect—

(a)nature conservation,

(b)the conservation of the natural beauty or amenity of the countryside, or

(c)a site or archaeological or historic interest,

it shall within 5 days of receiving the request, invite the appropriate body or bodies to make representations.

(2)Where under sub-paragraph (1) a planning authority has invited a body to make representations about a request for approval under Part 2 or 3, it shall not make any decision about the request until—

(a)it has received representations from the body about the request,

(b)it has been informed by the body that it does not wish to make any representations, or

(c)21 days have elapsed since the date of the invitation.

(3)An invitation under sub-paragraph (1) shall specify the time limit for making representations.

(4)For the purposes of this paragraph, the following are the appropriate bodies in relation to the following matters—

MatterBody
Nature conservation.Natural England.
Conservation of the natural beauty or amenity of the countryside.Natural England.
Sites of archaeological or historic interest.The Historic Buildings and Monuments Commission for England.

27(1)Where a planning authority considers that a request for approval under Part 2 or 3 relates to matters which may affect—

(a)the conservation of the natural beauty or amenity of inland or coastal waters or land associated with such waters,

(b)the conservation of flora or fauna which are dependent on an aquatic environment, or

(c)the use of such waters or land for recreational purposes,

it shall within 5 days of receiving the request, invite the Environment Agency to make representations.

(2)Where under sub-paragraph (1) above a planning authority has invited the Environment Agency to make representations about a request for approval under Part 2 or 3, it shall not make any decision about the request until—

(a)it has received representations from the Agency about the request,

(b)it has been informed by the Agency that it does not wish to make any representations about the request, or

(c)21 days have elapsed since the date of the invitation.

(3)An invitation under sub-paragraph (1) shall specify the time limit for making representations.

Intervention by the Secretary of State

28(1)The appropriate Ministers may by directions require a planning authority to refer any request for approval under Part 2 or 3 to them.

(2)In determining a request referred to them under this paragraph, the appropriate Ministers shall have the same powers as the authority making the reference.

(3)The determination by the appropriate Ministers of a request referred to them under this paragraph shall be final.

(4)Directions under this paragraph may—

(a)be given in relation to a specified request or requests of a specified description, and

(b)cancel or vary previous directions under this paragraph.

29(1)The appropriate Ministers may by directions restrict a planning authority’s powers in relation to the grant of approval under Part 2 or 3.

(2)Directions under this paragraph may—

(a)be given in relation to a specified approval or approvals of a specified description,

(b)be expressed to have effect without limit of time or during a specified period, and

(c)cancel or vary previous directions under this paragraph.

Appeals

30(1)Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part 2 or 3 (including a decision under sub-paragraph (2) of paragraph 5, 6, 14, 15 or 21), it may appeal to the appropriate Ministers by giving notice of the appeal in the prescribed form to them and to the authority whose decision is appealed against within 42 days of notification of the decision.

(2)On an appeal under this paragraph, the appropriate Ministers may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against, but may only make a determination involving the refusal of, or imposition of conditions on, approval on grounds open to that authority.

(3)Where, following receipt by a planning authority of a request by the nominated undertaker for relevant approval, the authority does not notify the undertaker within the appropriate period—

(a)of its decision on the request, or

(b)that the request has been referred to the appropriate Ministers in accordance with directions under paragraph 28,

this paragraph shall apply as if the authority had refused the request and notified the undertaker of its decision on the last day of the appropriate period.

(4)For the purposes of sub-paragraph (3), the appropriate period is the period of 8 weeks beginning with the date on which the request was received by the planning authority or such extended period as may be agreed upon in writing between the authority and the nominated undertaker.

(5)The appropriate Ministers may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (3) in connection with the payment of fees by means of cheque.

(6)An agreement under sub-paragraph (4) may be made after, as well as before, the end of the appropriate period.

(7)No agreement may be made under sub-paragraph (4) to extend a period after it has ended if the nominated undertaker has given notice of appeal against the refusal which is deemed under sub-paragraph (3) to have occurred because of the ending of the period.

(8)Where an agreement under sub-paragraph (4) to extend a period is made after the period has ended, sub-paragraph (3) shall be treated as not having applied when the period ended.

(9)In this paragraph, “prescribed” means prescribed by regulations made by the appropriate Ministers.

31No appeal under section 78 of the Town and Country Planning Act 1990 (c. 8) (right to appeal against planning decisions and failure to take such decisions) may be made against a decision, or failure to notify a decision, in relation to which a right of appeal arises under paragraph 30.

32(1)Unless the appropriate Ministers direct otherwise, their functions in relation to the determination of an appeal under paragraph 30 shall, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

(2)The appropriate Ministers may by a further direction revoke a direction under sub-paragraph (1) at any time before the determination of the appeal.

(3)A direction under sub-paragraph (1) or (2) shall be served on the nominated undertaker and the planning authority whose decision is appealed against.

(4)At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the appropriate Ministers may revoke his appointment and appoint another person to determine the appeal instead.

(5)Where the function of determining an appeal under paragraph 30 is transferred from one person to another, the person to whom the function is transferred shall consider the matter afresh, but the fact that the function is transferred shall not entitle any person to make fresh representations or to modify or withdraw any representations already made.

(6)If the appropriate Ministers determine an appeal which another person was previously appointed to determine, they may, in determining it, take into account any report made to them by that person.

33The decision of the person appointed under paragraph 32, or, as the case may be, of the appropriate Ministers, on an appeal under paragraph 30 shall be final.

34(1)An appeal under paragraph 30 shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.

(2)Subject to that, the appropriate Ministers may by regulations make such provision as they think fit about procedure in relation to appeals under paragraph 30.

(3)Regulations under sub-paragraph (2) may, in particular—

(a)make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,

(b)empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and

(c)empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

(4)Regulations under sub-paragraph (2) may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a)—

(a)prescribe the time limit in regulations, or

(b)enable the appropriate Ministers to give directions setting the time limit in a particular case or class of case.

35(1)Regulations under paragraph 30 or 34 may make different provision for different cases.

(2)The power to make regulations under paragraph 30 or 34 shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modification of Schedule

36(1)The Secretary of State may by order amend this Schedule as he thinks fit in consequence of provision made by an order under section 149 of the Local Government, Planning and Land Act 1980 (c. 65) (power to substitute an urban development corporation as the local planning authority) as applied by section 5 of the London Olympic and Paralympic Games Act 2006 (c. 12) (application in relation to the Olympic Delivery Authority).

(2)The power to make an order under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

37(1)In this Schedule—

(2)In this Schedule, references to the appropriate Ministers are to the Secretary of State for Communities and Local Government and the Secretary of State for Transport and, in relation to the carrying out of any function, are to those Ministers acting jointly.

(3)For the purposes of this Schedule, spoil or top soil is surplus if it is not used for the purposes of any of the works authorised by this Act.

Section 15

SCHEDULE 8Extension of permitted development rights: supplementary provisions

Conditions of permitted development

1(1)Planning permission granted by virtue of section 15(1) is subject to the condition that development is carried out in accordance with such requirements as the Secretary of State may by notice in writing to the developer specify for the purpose of—

(a)avoiding a breach of a relevant undertaking, or

(b)securing that the environmental effects of carrying out the development are not materially different from those envisaged by the relevant environmental assessment.

(2)The power conferred by sub-paragraph (1) is exercisable after, as well as before, development is commenced.

(3)The power conferred by sub-paragraph (1) includes power, exercisable in the same manner, to vary or revoke a notice under that sub-paragraph.

(4)The condition imposed by sub-paragraph (1) is in addition to any condition to which the planning permission may be subject apart from this paragraph.

Controls in relation to proposed development

2(1)Where—

(a)it appears to the Secretary of State that a person is proposing to carry out development of a kind mentioned in section 15(1)(a), and

(b)the Secretary of State is of the opinion that the proposed development has not been the subject of environmental assessment in connection with the Crossrail Bill,

he may give notice in writing of his opinion to the proposed developer.

(2)The power conferred by sub-paragraph (1) includes power, exercisable in the same manner, to withdraw a notice under that sub-paragraph.

(3)Where a notice given under sub-paragraph (1) has not been withdrawn, section 15(1) shall be treated as not applying to the carrying out by the person to whom the notice is given of the development to which it relates.

3(1)This paragraph applies where it appears to the Secretary of State—

(a)that a person is proposing to carry out development of a kind mentioned in section 15(1)(a), and

(b)that the development has been the subject of environmental assessment in connection with the Crossrail Bill.

(2)If it appears to the Secretary of State that it is necessary or desirable to do so for the purpose of avoiding a breach of a relevant undertaking, he may, by notice in writing to the proposed developer, disapply section 15(1) in relation to the carrying out of the development by that person.

(3)The power conferred by sub-paragraph (2) includes power, exercisable in the same manner, to revoke a notice under that sub-paragraph.

Notices

4A notice under this Schedule shall—

(a)specify the person to whom it is given,

(b)specify the development to which it relates,

(c)explain the reasons for it, and

(d)in the case of a notice under paragraph 2, explain its effect.

5Notices under this Schedule shall be served by post.

6Where the Secretary of State gives a notice under this Schedule he shall—

(a)in the case of a notice relating to development in the area of a unitary authority, give a copy of the notice to the local planning authority;

(b)in the case of a notice relating to development not in the area of a unitary authority, give a copy of the notice to the district planning authority.

Interpretation

7For the purposes of this Schedule, development has been the subject of environmental assessment in connection with the Crossrail Bill if it is development in relation to which information contained in a statement specified for the purposes of section 15(1)(b) constituted at the time of the statement’s deposit or publication an environmental statement within the meaning of the EIA regulations.

8In this Schedule—

(a)“relevant undertaking” means an undertaking given by the Secretary of State—

(i)to the Select Committee of the House of Commons to which the Crossrail Bill was committed, or

(ii)to the Select Committee of the House of Lords to which that bill was committed;

(b)references to the relevant environmental statement, in relation to development for which planning permission is granted by virtue of section 15(1), are to the statement by virtue of which paragraph (b) of that subsection applies.

Section 16

SCHEDULE 9Heritage: disapplication and modification of controls

Listed buildings and conservation areas

1(1)Subject to sub-paragraph (2), if a listed building was such a building immediately before 15th December 2004 and is specified in columns (1) and (2) of the following table—

(a)section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by this Act,

(b)to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c)no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Act, and

(d)no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Act.

(2)In the case of any building specified in columns (1) and (2) of the following table in relation to which any description of works is specified in column (3) of that table, sub-paragraph (1) shall have effect as if the references to works carried out in exercise of the powers conferred by this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.

(3)Paragraphs (a) to (d) of sub-paragraph (1) shall also apply in relation to a listed building which was not such a building immediately before 15th December 2004.

(4)If a building included in a conservation area and not a listed building—

(a)was not included in a conservation area immediately before 15th December 2004, or

(b)was included in such an area immediately before that date and is specified in columns (1) and (2) of the following table,

section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) shall not apply to the demolition of it in exercise of the powers conferred by this Act.

(1)(2)(3)
AreaBuildingWorks
Royal Borough of Windsor & Maidenhead and District of South BucksMaidenhead Viaduct. Grade II*Alterations in connection with installation of overhead electrification equipment.
Borough of SloughSlough railway station. Grade IIDemolition of canopies over platform 5. Alterations in connection with platform lengthening, new footbridge, overhead line electrification and ticket hall rearrangement.
London Borough of EalingHanwell railway station. Grade IIAlterations in connection with platform lengthening.
City of WestminsterSouthern span of footbridge carrying Westbourne Park Passage over the railway.
Boundary wall between Westbourne Park Villas and the railway from Westbourne Park Passage to a point opposite No. 60 Westbourne Park Villas.
Paddington Station. Grade 1Demolition of retaining walls, railings, and canopy on Eastbourne Terrace and Departures Road. Demolition of Lynx Building on north-east side of the station. Alterations of deck on north-east side of station (being the deck on part of which the Lynx Building is situated) and area below that deck in connection with (a) construction of new stairs, lifts and escalators, (b) Work No. 1/11B and (c) taxi circulation facility. Alterations to the Lawn in connection with emergency escape provision.
Paddington Station, Macmillan House, Eastbourne Terrace. Grade 1Alterations and partial demolition of basement and ground floor. Alterations to form an emergency escape in the horse arch.
Great Western Hotel, Praed Street. Grade IIAlterations relating to emergency escape provision.
Paddington Underground Station, Praed Street. Grade IIAlterations in connection with construction of interchange footbridge, lifts and stairs. Alterations and partial demolition of retaining walls.
191-195 (odd) Praed Street
197-199 (odd) Praed Street (rear part)
19-23 (odd and even) Spring Street (rear part)
Porter’s Lodge in front of number 1 Stratford Place. Grade II
354-358 (even) Oxford Street
18 & 19 Hanover Square
1a Tenterden Street
9 Great Chapel Street / 4 Fareham Street
10-12 (odd and even) Great Chapel Street
2 & 3 Fareham Street
96 Dean Street
93 Dean Street
94 Dean Street. Grade II
95 Dean Street
3 Diadem Court
9 Diadem Court
Bollards on the corner of Fareham Street and Great Chapel Street. Grade II
9-15 (odd) Oxford Street
7 Oxford Street
3-5 (odd) Oxford Street
1 Oxford Street
167 Charing Cross Road
157-163 (odd) & 165 Charing Cross Road
1-6 (odd and even) Falconberg Court
London Borough of Camden148 Charing Cross Road
138-146 (even) Charing Cross Road
Centre Point, 101 & 103 New Oxford Street and 5-24 (odd and even) St. Giles High Street and pool and frontage to Charing Cross Road. Grade IIDemolition of pool, fountains and plaza including underground snooker hall and gym. Demolition of exterior stairs to first floor level on the western side of the building. Installation of a temporary entrance.
8-10 (even) Southampton Row. Grade IIDemolition of interior and roof (facade to Southampton Row, Fisher Street and Catton Street to be retained).
Kingsway Tram Tunnel. Grade IIAlterations in connection with carrying out of compensation grouting for the protection of buildings in the vicinity.
City of LondonSmithfield Market. Grade II*Partial demolition of basement, including car park deck within the basement and remedial alterations.
33-35 (odd and even) Charterhouse Square
36-37 Charterhouse Square
London Borough of Islington40-42 (even) Charterhouse Street
City of LondonPavilion, Finsbury Circus Gardens.
Gazebo, Finsbury Circus Gardens. Grade II
11-12 Blomfield Street
Bridge structures carrying Charterhouse Street and Lindsey Street over Metropolitan Line and Thameslink
Barbican. Grade IIAlterations in connection with carrying out of compensation grouting for the protection of buildings in the vicinity.
London Borough of Tower Hamlets63-67 (odd) Princelet Street (rear extensions)
68-80 (even) Hanbury Street (Britannia House)
82-102 (even) Hanbury Street
Blind Beggar Public House (337 Whitechapel Road) (conservatory)
Whitechapel signal cabin (District Line), west of Fulbourne Street on the north side of the track
Fulbourne Street bridge over District Line
District line retaining wall and parapet, south side of Durward Street and Winthrop Street from a point 23 metres west of the centre line of Fulbourne Street to a point 30 metres east of East London Line
Court Street footbridge over District Line
London Underground infrastructure at or near Whitechapel Station (District Line) including the platform to ticket hall access footbridge east of Wood’s Buildings, and the operational garage, staff accommodation block, and associated portacabins at Durward Street level
Wood’s Buildings disused footbridge over the District Line
North span of District Line railway bridge over East London line
South span of District Line railway bridge over East London Line
Parapet walls to Durward Street Bridge over East London Line
Drinking fountain, Stepney Green. Grade II
744 Wick Lane
London Borough of Barking and DagenhamCoal tax marker, Chadwell Heath. Grade II
London Borough of HaveringGidea Park Station footbridge
London Borough of Greenwich12, 14, 15 & 16 Gunnery Terrace
Council depot (former electricity generating station), White Hart Road, Plumstead. Grade IIAlterations in connection with use of the building as site offices and a workshop.

(5)Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

(6)In this paragraph, “building” and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

2(1)In the case of a listed building to which sub-paragraph (2) applies—

(a)section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) shall not apply to any works for the alteration or extension of the building which are carried out, in exercise of the powers conferred by this Act, for the purpose of maintaining or restoring its character as a building of special architectural or historical interest,

(b)to the extent that a notice issued in relation to the building under section 38(1) of that Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c)no steps may be taken in relation to the building under section 42(1) of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b), and

(d)no works may be executed for the preservation of the building under section 54 of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b).

(2)This sub-paragraph applies to a listed building if it was such a building immediately before 15th December 2004 and is specified in the following table.

(1)(2)
AreaBuilding
City of WestminsterWestbourne Bridge, Paddington (Westminster). Grade II.
1 Cleveland Terrace. Grade II.
Paddington Station. Grade I.
Great Western Hotel, Praed Street. Grade II.
5-9 (odd) Craven Road. Grade II.
1-18 (odd and even) Spring Street. Grade II.
163-213 (odd) Sussex Gardens. Grade II.
194-204 (even) Sussex Gardens. Grade II.
184-192 (even) Sussex Gardens. Grade II.
Paddington Underground Station, Praed Street. Grade II.
25-31 (odd and even) Hyde Park Gardens and 22–35 (odd and even) Stanhope Terrace. Grade II.
1-24 (odd and even) Hyde Park Gardens. Grade II.
129 Park Lane. Grade II.
32 Green Street. Grade II.
10 Green Street. Grade II.
23 Lees Place. Grade II.
61 Green Street. Grade II*.
29 North Audley Street. Grade II.
11-12 North Audley Street. Grade II*.
14 North Audley Street. Grade II.
St. Mark's, North Audley Street. Grade I.
Electricity Sub-station, Brown Hart Gardens. Grade II.
73 Duke Street. Grade II.
Ukrainian Catholic Cathedral– Duke Street/ 21 Binney Street. Grade II*.
75, 77, 79, 81–83 Duke Street (odd). Grade II.
1, 1a and 2 Duke’s Yard – including 85 & 85a Duke Street. Grade II.
27 Gilbert Street. Grade II.
356-366 Oxford Street (even). Grade II.
2-7 (odd and even) Stratford Place W1. Grade II.
8-10 (odd and even) Stratford Place W1. Grade II.
Stratford House, the Oriental Club, 11 Stratford Place W1. Grade I.
12 and 13 Stratford Place W1. Grade II.
16 Stratford Place W1. Grade II.
66 Brook Street and 51- 53 (odd) Davies Street. Grade I.
58 Davies Street. Grade II.
50 Davies Street. Grade II.
52 & 54 Davies Street. Grade II.
1–7 (odd and even) Davies Mews & 28–30 (odd and even) South Molton Lane. Grade II.
40-46 (even) Brook Street (north side). Grade II.
41 South Molton Street. Grade II.
26 South Molton Street. Grade II.
24 & 25 South Molton Street. Grade II.
21 South Molton Street. Grade II.
19 & 20 South Molton Street. Grade II.
50 South Molton Street. Grade II.
18 South Molton Street. Grade II.
17 South Molton Street. Grade II*.
14–16 (odd and even) South Molton Street. Grade II.
10–12 (odd and even) South Molton Street. Grade II.
63 South Molton Street. Grade II.
20 Brook Street. Grade II.
103 New Bond Street. Grade II.
74 New Bond Street. Grade II.
20 Hanover Square. Grade II*.
21 Hanover Square. Grade II.
16 Hanover Square. Grade II.
24 Hanover Square. Grade II.
15 Hanover Street. Grade II.
7 Hanover Street. Grade II.
229–247 (odd) Regent Street including 1 Hanover Street and 27 Princes Street. Grade II.
223 Regent Street/ 4 Maddox Street. Grade II.
225 & 227 Regent Street. Grade II.
224-244 (even) Regent Street. Grade II.
1-4 (odd and even) Argyll Street. Grade II.
208a and 208-222 (even) Regent Street. Grade II.
Liberty's, Great Marlborough Street. Grade II*.
7-8 Argyll Street. Grade II*.
19-21 (odd and even) Great Marlborough Street. Grade II.
48 Great Marlborough Street. Grade II.
68 Brook Street. Grade II.
15 Poland Street. Grade II.
13 D'Arblay Street. Grade II.
46 Berwick Street. Grade II.
67 Berwick Street and 21A Noel Street. Grade II.
48 Berwick Street. Grade II.
47 Berwick Street. Grade II.
5 Noel Street. Grade II.
187 Wardour Street. Grade II.
2,3 & 4 D'Arblay Street. Grade II.
105-109 (odd) Oxford Street & 16-18 (odd and even) Hollen Street. Grade II.
152-160 (even) Wardour Street. Grade II.
17 Carlisle Street. Grade II.
6 Carlisle Street. Grade II.
5 Carlisle Street. Grade II.
4 Carlisle Street. Grade II.
90 Dean Street. Grade II.
89 Dean Street. Grade II.
88 Dean Street. Grade II.
4-6 (odd and even) Soho Square/ 6 Dean Street. Grade II.
3 Soho Square/7 Dean Street. Grade II.
2 Soho Square. Grade II.
8 Dean Street. Grade II.
38 & 38a Soho Square. Grade II.
37 Soho Square. Grade II.
10 & 10A Soho Square. Grade II.
8 & 9 Soho Square. Grade II.
19 Carlisle Street. Grade II.
36 Soho Square. Grade II.
13 Soho Square. Grade II*.
15 Soho Square. Grade II.
21 Soho Square. Grade II.
St. Patrick’s Presbytery. Grade II.
St. Patrick’s RC church, Soho Square. Grade II*.
29 & 30 Soho Square The Hospital for Women. Grade II.
26 Soho Square. Grade II*.
3 Greek Street. Grade II.
1 Greek Street. Grade I.
14 Manette Street. Grade II.
16 & 17 Manette Street. Grade II.
London Borough of CamdenCentre Point, 101 & 103 New Oxford Street and 5-24 (odd and even) St. Giles High Street and pool and frontage to Charing Cross Road. Grade II.
20 Denmark Street and 16 Denmark Place. Grade II.
5 & 6-7 (odd and even) Denmark Street. Grade II.
9 & 10 Denmark Street. Grade II.
26 Denmark Street. Grade II.
27 Denmark Street. Grade II.
Phoenix Theatre, Charing Cross Road. Grade II.
12 Flitcroft Street. Grade II.
59 St Giles High Street. Grade II.
1-5 (odd and even) Flitcroft Street. Grade II.
21 Monmouth Street. Grade II.
55 Neal Street. Grade II.
64 Neal Street. Grade II.
51-59 (odd), 61, 63-69 (odd) Endell Street. Grade II.
Shaftesbury Theatre, Shaftesbury Avenue. Grade II.
St Giles' Almshouses, 17A Macklin Street (also 9-10 Smarts Place). Grade II
8a Smarts Place. Grade II.
23 Macklin Street. Grade II.
24 Stukely St/25 Macklin Street. Grade II.
Holborn Town Hall and Library, High Holborn. Grade II.
199-201(odd and even) High Holborn. Grade II.
207 High Holborn. Grade II.
Princess Louise Pub, 208-209 High Holborn. Grade II*
212 High Holborn. Grade II.
127 & 129 High Holborn. Grade II.
14-16 (odd and even) Southampton Place. Grade II*.
7-8 Southampton Place. Grade II*.
15-23 (odd and even) Southampton Row. Grade II.
Kingsway Tram Subway, Southampton Row. Grade II.
Central School of Arts and Crafts, Southampton Row. Grade II*.
Carlisle House, 8 & 10 Southampton Row. Retained Fa[lcced]ade. Grade II.
Baptist Church House, 2-6 (even) Southampton Row. Grade II*.
11&12 Red Lion Square (Summit House). Grade II.
14-17 (odd and even) Red Lion Square. Grade II.
31&32 part of 29 -32 (odd and even) Bedford Row. Grade II.
33-36 (odd and even) Bedford Row. Grade II.
6-7 (odd and even) Bedford Row, and railings. Grade II.
8-13 (odd and even) Bedford Row, and railings. Grade II*.
14 Bedford Row, and railings. Grade II.
4 Raymond Buildings. Grade II.
5 Raymond Buildings. Grade II.
6 Raymond Buildings. Grade II.
6 Gray’s Inn Square. Grade II*.
8 Gray’s Inn square. Grade II*.
7 Gray’s Inn Square. Grade II*.
14 Gray’s Inn Square. Grade II*.
13 Gray’s Inn Square. Grade II*.
12 Gray’s Inn Square. Grade II*.
St. Alban’s Church, Dorrington/Brooke Street. Grade II*.
St. Alban’s Clergy House, 18 Dorrington Street. Grade II.
10 & 11 Greville Street. Grade II.
19, 20 & 21 Hatton Gardens. Grade II.
25 & 27 Farringdon Road. Grade II.
London Borough of Islington51-53 (odd and even) Charterhouse Street. Grade II.
54-60 (odd and even) Cowcross Street. Grade II.
Farringdon Station, including 36-38 (odd and even) and 40-42 (odd and even) Cowcross Street. Grade II.
101and 102 Turnmill Street and 32-35 (odd and even) Cowcross Street. Grade II.
67-77 (odd) Charterhouse Street. Grade II.
26 & 27 Cowcross Street. Grade II.
9-13 (odd and even) Cowcross Street. Grade II.
14-16 (odd and even) Cowcross Street. Grade II.
94 Cowcross Street. Grade II.
3 & 5 St John Street. Grade II.
2-6 (even) St John Street (including 89 Charterhouse street). Grade II.
16 St John Street. Grade II.
18 & 20 St John Street. Grade II.
24 St John Street. Grade II.
22 St John Street. Grade II.
26 St John Street. Grade II.
115 Charterhouse Street. Grade II.
119 Charterhouse Street. Grade II.
109-113 (odd) Charterhouse Street. Grade II.
22 Charterhouse Square (North Side) including railings. Grade II.
City of London133-134 Aldersgate Street. Grade II.
West/East building Smithfield Market. Grade II*
74 & 75 Long Lane. Grade II.
Barbican. Grade II.
137-141 (odd) Moorgate. Grade II.
1-6 (odd and even) Finsbury Circus. Grade II*.
28-30 (odd and even) Salisbury House, Finsbury Circus. Grade II.
76-92 (even) Moorgate. Grade II.
87 Moorgate. Grade II.
83 Moorgate. Grade II.
8 Moorfields. Grade II.
4 Moorfields. Grade II.
118 London Wall. Grade II.
59-73 (odd) Moorgate. Grade II.
118a London Wall/2 Moorfields. Grade II.
81 Coleman Street (Armourers' and Braziers' Hall). Grade II*.
16-18 (even) Finsbury Circus and 16-31 (odd and even) Eldon Street. Grade II.
22 & 23 Blomfield Street. Grade II.
25 Finsbury Circus (London Wall Buildings). Grade II.
Church of All Hallows on the Wall. Grade II.
56-60 (odd and even) and 62 New Broad Street. Grade II.
76-80 (odd and even) Old Broad Street. Grade II.
Great Eastern Hotel, Liverpool Street Station. Grade II.
Church of St Botolph, Bishopsgate. Grade II*.
Church Hall. Church of St Botolph, Bishopsgate. Grade II.
8 Bishopsgate Churchyard. Grade II.
162 & 164 Bishopsgate. Grade II.
Rear 4-18 (even) Devonshire Row. Grade II.
5-7 (odd and even) New Street. Grade II.
24 & 25 Widegate Street. Grade II.
16 New Street. Grade II.
London Borough of Tower Hamlets4A, Sandy’s Row. Grade II.
15 & 16 Artillery Passage. Grade II.
2 Artillery Passage. Grade II.
13 & 14 Artillery Passage. Grade II.
3 Artillery Passage. Grade II.
4 Artillery Passage. Grade II.
5 Artillery Passage. Grade II.
41 Artillery Lane. Grade II.
6 & 7 Artillery Passage. Grade II.
9 & 10 Artillery Passage. Grade II.
11 Gun Street. Grade II.
40 Brushfield Street. Grade II.
42 Brushfield Street. Grade II.
52 Brushfield Street. Grade II.
Spitalfields Market. Grade II.
84 Commercial Street. Grade II.
1 & 3 Fournier Street. Grade II.
4-7 (odd and even) Puma Court. Grade II.
17-25 (odd) Wilkes Street. Grade II.
11a & 15 Wilkes Street. Grade II.
6 Wilkes Street. Grade II.
10 Wilkes Street. Grade II.
16 Wilkes Street. Grade II.
2 & 4 Princelet Street. Grade II.
3 & 5 Princelet Street. Grade II.
7 & 9 Princelet Street. Grade II.
13 Princelet Street. Grade II.
11 Princelet Street. Grade II.
24 & 26 Hanbury Street. Grade II.
12 Princelet Street. Grade II.
14 Princelet Street. Grade II.
16 Princelet Street. Grade II.
18 Princelet Street. Grade II.
20 Princelet Street. Grade II.
22 Princelet Street. Grade II.
15 Princelet Street. Grade II.
17 Princelet Street. Grade II.
19 Princelet Street. Grade II*.
21 Princelet Street. Grade II.
23 Princelet Street. Grade II.
25 Princelet Street. Grade II.
34-38 (even) Hanbury Street. Grade II.
114-122 (even) Brick Lane. Grade II.
35 Buxton Street. Grade II.
333-335 (odd) Whitechapel Road. Grade II.
261 & 263 Whitechapel Road. Grade II.
265 & 267 Whitechapel Road. Grade II.
Trinity Green, Almshouses, Mile End Road, north side: 1- 10 Trinity Green and 22- 30 Trinity Green. Grade I.
29 Mile End Road. Grade II.
82- 84 (even) Mile End Road. Grade II.
90-110 (even) Mile End Road. Grade II.
Church of St Dunstan, Stepney High Street. Grade I.
1-10 Whitehorse Road (odd and even). Grade II.
34-40 (even) Belgrave Street. Grade II.
50-52 (even) Belgrave Street. Grade II.
19-31 (odd) Barnes Street, West side. Grade II.
12-22 (even) Barnes Street. Grade II.
1-8 (odd and even) York Square. Grade II.
9-16 (odd and even) York Square. Grade II.
1A Flamborough Street. Grade II.
3-7 (odd and even) Flamborough Street. Grade II.
Hawthorn Cottage, 1 Flamborough Walk and Rose Cottage, Flamborough Walk. Grade II.
Devonshire Cottage, Flamborough Walk. Grade II.
Durham Villa, Flamborough Walk. Grade II.
8 Flamborough Street. Grade II.
16-21 (odd and even) Flamborough Street. Grade II.
22-24 (odd and even) Flamborough Street. Grade II.
683-691 (odd) Commercial Road. Grade II.
699-711 (odd) Commercial Road. Grade II.
604-608 (even) Commercial Road. Grade II.
Commercial Road Bridge. Grade II.
Viaduct, Commercial Road. Grade II.
Accumulator Tower and Chimney, Mill Place (West side). Grade II.
Library on Commercial Road. Grade II.
Cannon Workshop, 3-5 (odd) Cannon Drive. Grade II.
Cannon Workshop, 92-116 (even) Cannon Drive. Grade II.
Cannon Workshop, 135-167 (odd) Cannon Drive. Grade II.
West India Docks, Isle of Dogs. Grade I.
Poplar Dock, Preston’s Road. Grade II.
Accumulator Tower, Poplar Dock, Preston’s Road. Grade II.
110 Bow Road. Grade II.
Drapers Almshouses, Railway Way (formerly Priscilla Road). Grade II.
35-49 Arnold Road (odd and even) including area railings). Grade II.
2-22 (even) Fairfield Road. Grade II.
163 Bow Road. Grade II.
223 Bow Road. Grade II.
Bryant and May Factory, Main Building, Fairfield Road. Grade II.
London Transport Trolley Bus Depot (Bow Bus Garage). Grade II.
London Borough of NewhamNorth Woolwich Station, Pier Road. Grade II.
London Borough of GreenwichRoyal Brass Foundry, Plumstead Road. Grade I.
Verbruggen’s House, Plumstead Road. Grade II.
Officers Quarters, Plumstead Road. Grade II.
Royal Arsenal Middle Gate and attached boundary wall to the west.
Royal Carriage Factory, Plumstead Road. Grade II.
Royal Arsenal Middlegate House, Plumstead. Grade II.
Council Depot (former electricity generating station), White Hart Road, Plumstead. Grade II.

(3)Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

(4)In this paragraph, “building” and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.

3Section 59 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by this Act with respect to works.

Ancient monuments etc.

4(1)This paragraph has effect in relation to the Ancient Monuments and Archaeological Areas Act 1979 (c. 46).

(2)Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Act.

(3)The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Act.

(4)The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Act with respect to works.

(5)Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Act.

(6)Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Act with respect to works.

(7)The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Act with respect to works.

(8)In section 25 (treatment of ancient monuments)—

(a)subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Act, and

(b)subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.

(9)Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Act with respect to works.

(10)Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Act with respect to works.

(11)Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Act with respect to works were exempt works for the purposes of that provision.

(12)Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works.

(13)Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works.

5(1)The power of entry conferred by section 36(1) of the National Heritage Act 1983 (c. 47) (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.

(2)Consent for the purposes of sub-paragraph (1) may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.

(3)Section 36(6) of the National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Act are being carried out.

(4)Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the appropriate Ministers acting jointly.

(5)In sub-paragraph (4), “appropriate Ministers” means the Secretary of State for Transport and the Secretary of State for Culture, Media and Sport.

Section 17

SCHEDULE 10Heritage: rights of entry

1(1)Any person duly authorised in writing by the Historic Buildings and Monuments Commission for England (“the Commission”) may at any reasonable time enter any land on which (or in or under which) a scheduled monument (within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46)) is situated—

(a)for the purpose of observing or advising upon the exercise in relation to the land of any of the powers conferred by paragraph 9 of Schedule 2 above, or

(b)for the purpose of inspecting, observing or advising upon the carrying out of any works on the land in exercise of any of the other powers conferred by this Act.

(2)Any person duly authorised in writing by the Commission may at any reasonable time enter any land in Greater London for the purpose of inspecting or observing the carrying out in relation to any building on the land of any decontrolled works.

(3)The right conferred by sub-paragraph (1) or (2) shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(4)A person exercising the right conferred by sub-paragraph (1) or (2) shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(5)In this paragraph, “decontrolled works” means works to which section 7 or 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) would apply, but for paragraph 1(1)(a), (3) or (4) or 2(1)(a) of Schedule 9 to this Act.

2(1)The nominated undertaker shall not carry out any decontrolled works consisting of the demolition of a building unless—

(a)notice of the proposal to carry out the works has been given to the Commission, and

(b)the appropriate period since the giving of the notice has elapsed.

(2)Subject to sub-paragraph (3), the appropriate period for the purposes of sub-paragraph (1)(b) is 8 weeks or such longer period as may have been agreed between the nominated undertaker and the Commission.

(3)In case of emergency, the appropriate period for the purposes of sub-paragraph (1)(b) is such period as is reasonable in the circumstances.

(4)In determining whether the appropriate period for the purposes of sub-paragraph (1)(b) has elapsed, there shall be disregarded any day on which entry to the building is refused under paragraph 3(2).

(5)In this paragraph, “decontrolled works” means works to which section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a) or (3) of Schedule 9 to this Act.

3(1)Following the giving of a notice under paragraph 2(1) in relation to any building, any person duly authorised in writing by the Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.

(2)The right conferred by sub-paragraph (1) shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(3)A person exercising the right conferred by sub-paragraph (1) shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(4)For the purposes of sub-paragraph (1), the inspection period, in relation to a building which is the subject of a notice under paragraph 2(1), is the period beginning when the notice under that provision is given and ending when the prohibition under that provision ceases to apply to the building.

Section 35

SCHEDULE 11Application of other railway legislation

Highway (Railway Crossings) Act 1839 (c. 45)

1The Highway (Railway Crossings) Act 1839 shall not apply to a railway authorised by this Act.

Railway Regulation Act 1842 (c. 55)

2Section 9 of the Railway Regulation Act 1842 shall not apply to a railway authorised by this Act.

Railways Clauses Consolidation Act 1845 (c. 20)

3(1)The Railways Clauses Consolidation Act 1845, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.

(2)The following provisions are excepted from incorporation by virtue of sub-paragraph (1)—

(3)In their application by virtue of sub-paragraph (1)—

(a)section 2 shall have effect with the substitution for “so incorporated as aforesaid” of “incorporated”;

(b)section 6 shall have effect with the omission of the words “and to take lands for that purpose”, “taken or” and “for the value of the lands so taken or used, and”;

(c)sections 18 and 21 shall not apply in any case where the relations between the nominated undertaker and any other person are regulated by sections 84 and 85 of the New Roads and Street Works Act 1991 (c. 22) or Part 2 of Schedule 17 to this Act;

(d)section 68 shall have effect with the omission of the words from “Such and” to “formation thereof” and from “together with all necessary gates” to “all necessary stiles”.

Railways Clauses Act 1863 (c. 92)

4(1)Part 1 of the Railways Clauses Act 1863, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.

(2)The following provisions are excepted from incorporation by virtue of sub-paragraph (1)—

Railway Companies (Accounts and Returns) Act 1911 (c. 34)

5For the purposes of the Railway Companies (Accounts and Returns) Act 1911, a person shall not be a railway company by virtue of working a railway authorised by this Act.

British Transport Commission Act 1949 (c. xxix)

6(1)Section 55 the British Transport Commission Act 1949 (penalty for trespass on railways etc.) shall also apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work constructed in exercise of the powers conferred by this Act.

(2)Section 56 of that Act (penalty for stone throwing etc. on railways) shall also apply in relation to any railway or siding constructed in exercise of the powers conferred by this Act.

Miscellaneous

7(1)In their application to—

(a)a Crossrail undertaker,

(b)Crossrail, or

(c)any train being used to provide services for the carriage of passengers or goods on Crossrail,

the enactments specified in column (1) of the following table (which create the offences broadly described in column (2) of the table) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in the enactment were, instead of that specified in column (3) of the table, a fine not exceeding the level specified in column (4) of the table.

(1)(2)(3)(4)
EnactmentDescription of offenceMaximum fine otherwise applicable (level on standard scale)Maximum fine (level on standard scale)
Section 16 of the Railway Regulation Act 1840 (c. 97).Obstruction of officers of railway company or trespass upon railway.Level 1Level 3
Section 17 of the Railway Regulation Act 1842 (c. 55).Misconduct of persons employed on railways.Level 1Level 3
The Regulation of Railways Act 1889 (c. 57)
section 5(1)Failure to produce ticket, to pay fare or to give name and address.Level 1Level 2
section 5(3).Travel with intent to avoid payment of fare.Level 2Level 3

(2)In such application—

(a)section 16 of the Railway Regulation Act 1840 (c. 97) shall have effect as if the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding 51 weeks;

(b)section 5(2) of the Regulation of Railways Act 1889 (power to arrest passenger who fails to produce ticket and refuses to give his name and address) shall have effect as if after the word “refuses” there were inserted the words “or fails”.

(3)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(a) to 51 weeks shall be read as a reference to one month.

(4)In this paragraph, “Crossrail undertaker” means a person who, under section 39, is the nominated undertaker for any purpose of section 1(1), so far as relating to Crossrail.

Section 36

SCHEDULE 12Transfer schemes

Part 1Transfers from Cross London Rail Links Limited and its subsidiaries

1(1)The Secretary of State may make schemes for the transfer of property, rights and liabilities—

(a)from Cross London Rail Links Limited (“CLRL”), or

(b)from a body corporate which is a wholly-owned subsidiary of CLRL,

to any person, including the Secretary of State.

(2)The Secretary of State shall consult CLRL before making a scheme under sub-paragraph (1).

Part 2Transfers from the Greater London Authority, Transport for London, the London Development Agency and their subsidiaries

2(1)The Secretary of State may, for purposes connected with Crossrail, make schemes for the transfer of property, rights and liabilities—

(a)from the Greater London Authority, the London Development Agency or Transport for London, or

(b)from a body corporate which is a wholly owned subsidiary of the Greater London Authority, the London Development Agency or Transport for London,

to any person, including the Secretary of State.

(2)The power conferred by sub-paragraph (1) shall be exercisable only with the consent of the transferor.

Part 3Transfers from Secretary of State and companies owned by Secretary of State

3(1)The Secretary of State may, for purposes connected with Crossrail, make schemes for the transfer of property, rights and liabilities—

(a)from the Secretary of State, or

(b)from a company which is wholly owned by the Secretary of State,

to any person.

(2)For the purposes of this paragraph, a company is wholly owned by the Secretary of State at any time when it has no members other than one or more persons falling within the following paragraphs—

(a)the Secretary of State;

(b)a company which is wholly owned by the Secretary of State;

(c)a person acting on behalf of the Secretary of State or of a company which is wholly owned by the Secretary of State.

Part 4General provisions about transfer schemes

Scheme for grant of lease

4Any power under paragraph 1, 2 or 3 to make a scheme for the transfer of any property from one person (A) to another person (B) may be exercised instead so as to make a scheme under that paragraph for the creation by A in favour of B of an interest in, or right in relation to, the property.

Property, rights and liabilities that may be transferred

5The property, rights and liabilities for whose transfer a scheme may provide include (in particular)—

(a)rights and liabilities relating to contracts of employment;

(b)property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the transferor;

(c)property acquired after the making of the scheme and rights and liabilities arising after the making of the scheme;

(d)rights and liabilities under an enactment.

Creation by a scheme of interests, rights and liabilities

6(1)A scheme may contain—

(a)provision for the creation, in favour of the transferor, of—

(i)an interest in, or

(ii)a right in relation to,

property whose transfer is provided for by the scheme,

(b)provision for the creation, in favour of a transferee, of—

(i)an interest in, or

(ii)a right in relation to,

property retained by the transferor,

(c)provision for the creation, in favour of a transferee, of—

(i)an interest in, or

(ii)a right in relation to,

property whose transfer to another person is provided for by the scheme,

(d)provision for the creation of rights and liabilities as between the transferor and a transferee, and

(e)provision for the creation of rights and liabilities as between different transferees.

(2)A scheme may contain provision about enforcement, by or against any one or more of the transferor and the transferee or transferees, of a right or liability whose transfer or creation is provided for by the scheme.

Identifying what is transferred or created by a scheme

7(1)A scheme may define property, rights or liabilities for whose transfer it provides—

(a)by specifying it or them;

(b)by describing it or them.

(2)A scheme may define retained property for the purposes of provision made under paragraph 6(1)(b)—

(a)by specifying it;

(b)by describing it.

(3)A description of property, rights or liabilities may be framed (in particular)—

(a)by reference to the transferor’s undertaking;

(b)by reference to a specified part of that undertaking.

Scheme may provide for contraventions etc. to be treated as not occurring

8(1)A scheme may contain provision for a transfer to take effect as if there were no contravention or liability, or interference with any interest or right, that there would otherwise be by reason of a provision falling within sub-paragraph (2).

(2)A provision falls within this sub-paragraph if it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, for whose transfer the scheme provides.

(3)A scheme may contain provision for—

(a)the creation of an interest in property, or

(b)the creation of a right in relation to property,

to take effect as if there were no contravention or liability, or interference with any interest or right, that there would otherwise be by reason of a provision falling within sub-paragraph (4) or (5).

(4)A provision falls within this sub-paragraph if it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property.

(5)A provision falls within this sub-paragraph if it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which a subsidiary of the transferor is entitled or subject to anything immediately before the creation of the interest or right takes effect.

Transfer of shares in subsidiary of transferor

9(1)This paragraph applies where a scheme provides for the transfer of shares in a subsidiary of the transferor.

(2)The scheme may contain provision for the transfer to take effect as if there were no contravention or liability, or interference with any interest or right, that there would otherwise be by reason of a provision falling within sub-paragraph (3), but this is without prejudice to paragraph 8(1).

(3)A provision falls within this sub-paragraph if it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the subsidiary is entitled or subject to anything immediately before the transfer takes effect.

Scheme may modify interests, rights and liabilities of third parties

10(1)A scheme may contain provision for interests, rights or liabilities of third parties in relation to anything to which the scheme relates to be modified in the manner set out in the scheme.

(2)In sub-paragraph (1) “third party”, in relation to a scheme, means a person who is neither the transferor nor a transferee.

11(1)Sub-paragraph (2) applies where (apart from that sub-paragraph) a person would have a triggered entitlement in consequence of—

(a)property, rights or liabilities having been, or being likely to be, transferred by the operation of paragraph 14(1) in relation to a scheme,

(b)interests, rights or liabilities having been, or being likely to be, created by the operation of paragraph 14(1) in relation to a scheme, or

(c)anything else having been done, or being likely to be done, by or under a scheme.

(2)That triggered entitlement shall, as respects the interest or right to which it relates, be enforceable in consequence of the circumstances mentioned in sub-paragraph (1)(a), (b) or (c) to the extent only that the scheme provides for it to be so enforceable.

(3)In this paragraph “triggered entitlement”, in relation to a scheme, means an entitlement—

(a)to terminate, modify, acquire or claim an interest or right to which the transferor, or a subsidiary of the transferor, is entitled or subject, or

(b)to treat an interest or right to which the transferor, or a subsidiary of the transferor, is entitled or subject as modified or terminated.

Scheme may impose obligations to enter into agreements or execute instruments

12(1)A scheme may contain provision for imposing, on the transferor or a transferee, obligations—

(a)to enter into agreements with, or

(b)to execute instruments in favour of,

persons specified in the scheme.

(2)The persons who may be so specified are—

(a)a transferee;

(b)the transferor;

(c)any person other than the transferor or a transferee.

(3)Sub-paragraphs (4) to (7) apply where a scheme contains provision for imposing an obligation of the kind mentioned in sub-paragraph (1).

(4)The scheme must specify or describe the agreement or instrument to which the obligation relates.

(5)The obligation may be enforced in any authorised way by the person—

(a)with whom the agreement is to be entered into, or

(b)in favour of whom the instrument is to be executed.

(6)In sub-paragraph (5) “enforced in any authorised way” means—

(a)enforced in civil proceedings for an injunction,

(b)enforced in civil proceedings for any other appropriate remedy or relief, or

(c)enforced in any other way authorised by the scheme.

(7)The scheme may provide for sub-paragraph (6)(a) or (b)—

(a)not to apply in relation to the obligation, or

(b)to apply in relation to the obligation subject to restrictions imposed by the scheme.

Supplementary provisions of schemes

13(1)A scheme may make such incidental, supplementary, consequential and transitional provision as the Secretary of State considers appropriate.

(2)The provision under sub-paragraph (1) that may be made by a scheme includes (in particular)—

(a)provision saving the effect of things done by or in relation to the transferor,

(b)provision for a transferee to be treated as the same person in law as the transferor,

(c)provision for things done by or in relation to the transferor to be treated as done by or in relation to a transferee,

(d)provision for things (including legal proceedings) being done by or in relation to the transferor to be continued by or in relation to a transferee, and

(e)provision for references in a document to the transferor, or to an employee or office-holder of the transferor, to have effect with modifications specified in the scheme.

(3)In sub-paragraph (2)(e), the reference to an employee or office-holder of the transferor includes a reference to a person employed in Her Majesty’s Home Civil Service.

(4)Sub-paragraph (2)(e) does not apply to references in an enactment.

Effect of scheme

14(1)At the time appointed for the purpose by a scheme—

(a)property, rights and liabilities for whose transfer the scheme provides, and

(b)interests, rights and liabilities for whose creation the scheme provides,

shall, by virtue of this sub-paragraph, be transferred or (as the case may be) created in accordance with the scheme.

(2)A scheme may appoint different times for the transfer or creation of different things.

Modification of scheme by agreement

15(1)Where the transferor, and the transferee or transferees, under a scheme so agree, the scheme shall be treated for all purposes as having been made with such modifications as may be agreed.

(2)Sub-paragraph (1) does not apply in the case of an agreement relating to rights and liabilities under a contract of employment unless the employee is a party to the agreement.

(3)Sub-paragraph (1) does not apply in the case of an agreement that adversely affects the property or rights of a person other than the transferor or a transferee unless that person is a party to the agreement.

(4)An agreement under sub-paragraph (1) may make—

(a)any provision that could have been contained in the scheme, and

(b)incidental, supplementary, consequential and transitional provision in connection with giving effect to any such provision.

(5)Provision under sub-paragraph (4) may be made so as to have effect from when the scheme was made (or any later time).

Transfer of employees and continuity of employment

16(1)Where, by virtue of a scheme, a person employed by the transferor becomes an employee of a transferee—

(a)the person is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) as having been dismissed by virtue of the transfer,

(b)the person’s period of employment with the transferor counts, for the purposes of that Act, as a period of employment with the transferee, and

(c)the change of employment does not break the continuity of the period of employment for the purposes of that Act.

(2)In sub-paragraph (1)—

(a)a reference to becoming an employee of a person includes a reference to becoming employed in Her Majesty’s Home Civil Service, and

(b)a reference to being employed by a person, or to employment with a person, includes a reference to being employed in Her Majesty’s Home Civil Service.

Provision of information to person making scheme

17Where the Secretary of State proposes to make a scheme under paragraph 1(1), 2(1) or 3(1) he may direct—

(a)a proposed transferor,

(b)a proposed transferee, or

(c)Cross London Rail Links Limited,

to provide him with such information as he considers necessary to enable him to make the scheme.

18(1)This paragraph applies to a direction under paragraph 17.

(2)The direction must specify the period within which the information is to be provided.

(3)The period specified must be not less than 28 days beginning with the day when the direction is given.

(4)If a person fails to comply with the direction, the Secretary of State may serve a notice on the person—

(a)requiring the person to produce to the Secretary of State, at a time and place specified in the notice, any documents which are specified or described in the notice and are in the person’s custody or control, or

(b)requiring the person to provide to the Secretary of State, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.

(5)No person may be required under this paragraph—

(a)to produce a document which he could not be compelled to produce in civil proceedings in the High Court, or

(b)to provide information which he could not be compelled to give in evidence in such proceedings.

(6)A person who intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under sub-paragraph (4) is guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, and

(b)on conviction on indictment, to a fine.

(7)If a person fails to comply with a notice under sub-paragraph (4), the High Court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good.

(8)Any order under sub-paragraph (7) may include provision requiring all the costs or expenses of and incidental to the application to be borne by one or more of—

(a)the person in default, and

(b)any officers of a body corporate or other association who are responsible for its default.

(9)In this paragraph—

(a)a reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form, and

(b)the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

Agreements relating to schemes

19The Secretary of State may by agreement fetter the exercise of his discretion relating to his powers under this Schedule.

Part 5Interpretation

Interpretation

20(1)In sub-paragraph (2), and in Part 4 of this Schedule except where the context otherwise requires, “scheme” means a scheme under paragraph 1(1), 2(1) or 3(1).

(2)In this Schedule—

(3)References in this Schedule to a right or to an entitlement to a right include references to an entitlement to exercise a right; and, accordingly, references to a right’s arising include references to its becoming exercisable.

Section 37

SCHEDULE 13Transfer schemes: tax provisions

Part 1Introduction

Meaning of “public body”

1In this Schedule “public body” means a person which is a public body for the purposes of section 66 of FA 2003 (SDLT: transfers involving public bodies).

Meaning of “taxable public body” and “exempt public body”

2(1)In this Schedule “taxable public body” means a public body which is within the charge to corporation tax.

(2)In this Schedule “exempt public body” means a public body which is exempt from corporation tax.

Interpretation: supplementary

3(1)In this Schedule—

(2)So far as it relates to income tax this Schedule is to be construed as one with the Income Tax Acts.

(3)So far as it relates to capital gains tax this Schedule is to be construed as one with TCGA 1992.

(4)So far as it relates to corporation tax this Schedule is to be construed as one with the Corporation Tax Acts.

(5)So far as it relates to capital allowances this Schedule is to be construed as one with CAA 2001.

Part 2Transfers etc between taxable public bodies

Meaning of “relevant transfer” in Part 2 of Schedule

4In this Part of this Schedule “relevant transfer” means a transfer, in accordance with a transfer scheme, from a taxable public body to another taxable public body.

Computation of profits and losses in respect of transfer of trade

5(1)This paragraph applies where a taxable public body (“the predecessor”) is carrying on a trade or a part of a trade and, as a result of a transfer scheme—

(a)the predecessor ceases to carry on that trade or that part of that trade, and

(b)another taxable public body (“the successor”) begins to carry on that trade or that part of it.

(2)For the purpose of computing, in relation to the time when the scheme comes into force and subsequent times, the relevant trading profits or losses of the predecessor and the successor—

(a)the trade or part is to be treated as having been a separate trade at the time of its commencement and as having been carried on by the successor at all times since its commencement as a separate trade, and

(b)the trade carried on by the successor after the time when the scheme comes into force is to be treated as the same trade as that which it is treated, by virtue of paragraph (a), as having carried on as a separate trade before that time.

(3)Where a trade or a part of a trade falls to be treated under this paragraph as a separate trade, such apportionments of receipts, expenses, assets and liabilities shall be made for the purpose of computing relevant trading profits or losses as may be just and reasonable.

(4)This paragraph is subject to the other provisions of this Part of this Schedule.

(5)In this paragraph “relevant trading profits or losses” means profits or losses under Case I of Schedule D in respect of the trade or part of a trade in question.

Transfers of trading stock

6(1)This paragraph applies if—

(a)under a relevant transfer trading stock of the transferor is transferred to the transferee, and

(b)paragraph 5 does not apply in relation to that transfer.

(2)Sub-paragraphs (3) and (4) have effect in computing for any corporation tax purpose both the profits of the trade in relation to which the stock is trading stock immediately before the transfer takes effect (“the transferor’s trade”) and—

(a)if the stock falls immediately after the transfer takes effect to be treated as trading stock of the transferee, the profits of the trade in relation to which it falls to be treated as trading stock (“the transferee’s trade”);

(b)otherwise, the consideration given by the transferee, or the expenditure incurred by the transferee, for the acquisition of the stock.

(3)The stock must be taken to have been—

(a)disposed of by the transferor in the course of the transferor’s trade,

(b)if sub-paragraph (2)(a) applies, acquired by the transferee in the course of the transferee’s trade, and

(c)subject to that, disposed of and acquired when the transfer takes effect.

(4)The stock must be valued as if the disposal and acquisition had been for a consideration which in relation to the transferor would have resulted in neither a profit nor a loss being brought into account in respect of the disposal in the accounting period of the transferor which ends with, or is current at, the time when the transfer takes effect.

(5)In this paragraph “trading stock” has the same meaning as in section 100 of ICTA.

Capital allowances: transfer of whole trade

7(1)This paragraph applies where a taxable public body (“the predecessor”) is carrying on a trade and, as a result of a transfer scheme—

(a)the predecessor ceases to carry on that trade, and

(b)another taxable public body (“the successor”) begins to carry on that trade.

(2)For the purposes of the allowances and charges provided for by CAA 2001, the trade is not to be treated as permanently discontinued, nor a new trade as set up; but sub-paragraphs (3) and (4) are to apply.

(3)There are to be made to or on the successor, in accordance with CAA 2001, all such allowances and charges as would, if the predecessor had continued to carry on the trade, have fallen to be made to or on the predecessor.

(4)The amounts of those allowances and charges are to be computed as if—

(a)the successor had been carrying on the trade since the predecessor began to do so, and

(b)everything done to or by the predecessor had been done to or by the successor,

but so that transfers in accordance with the scheme, so far as they relate to assets in use for the purposes of the trade, shall not be treated as giving rise to an allowance or charge.

Capital allowances: transfer of part of a trade

8(1)Where a taxable public body (“the predecessor”) is carrying on a trade and, as a result of a transfer scheme—

(a)the predecessor ceases to carry on a trade, and

(b)another taxable public body (“the successor”) begins to carry on activities of that trade as part of a trade carried on by the successor,

then that part of the trade carried on by the successor shall be treated for the purposes of paragraph 7 as a separate trade.

(2)Where a taxable public body (“the predecessor”) is carrying on a trade and, as a result of a transfer scheme—

(a)the predecessor ceases to carry on a part of a trade, and

(b)another taxable public body begins to carry on activities of that part of that trade,

then the predecessor shall be treated for the purposes of paragraph 7 and sub-paragraph (1) as having carried on that part of its trade as a separate trade.

(3)Where activities fall to be treated for the purposes of this paragraph as a separate trade, such apportionments of receipts, expenses, assets and liabilities shall be made for the purposes of CAA 2001 as may be just and reasonable.

Capital allowances: transfer of plant or machinery

9(1)This paragraph applies where—

(a)there is a relevant transfer of plant or machinery,

(b)paragraph 7 does not apply in relation to that transfer,

(c)the plant or machinery would be treated for the purposes of CAA 2001 as disposed of by the transferor to the transferee on the transfer taking effect, and

(d)the transfer scheme in accordance with which the transfer is made contains provision for the disposal value of the plant or machinery to be treated for the purposes of that Act as an amount specified in or determined in accordance with the scheme.

(2)For the purposes of CAA 2001—

(a)the provision mentioned in sub-paragraph (1)(d) is to have effect for determining an amount as the disposal value of the plant or machinery or the price at which a fixture is to be treated as sold,

(b)the transferee is to be treated as having incurred capital expenditure of that amount on the provision of the plant or machinery for the purposes for which it is used by the transferee on and after the taking effect of the transfer,

(c)the property is to be treated as belonging to the transferee as a result of the transferee having incurred that expenditure, and

(d)in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be treated for the purposes of sections 181(1) and 182(1) of that Act as being incurred by the giving of a consideration consisting in a capital sum of that amount.

(3)The provision mentioned in sub-paragraph (1)(d) for the determination of an amount may include provision for a determination—

(a)to be made by the Secretary of State in a manner described in the scheme,

(b)to be made by reference to factors so described or to the opinion of a person so described, and

(c)to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(4)The consent of the Treasury is required for the making or modification of a determination under the provision mentioned in sub-paragraph (1)(d).

(5)The consent of the transferee is required for the modification of a determination under the provision mentioned in sub-paragraph (1)(d).

(6)As to the making of a determination or a modification of a determination under the provision mentioned in sub-paragraph (1)(d), see further paragraph 43.

(7)Expressions used in this paragraph and in Part 2 of CAA 2001 have the same meanings in this paragraph as in that Part.

Capital allowances: transfers not to be sales

10(1)This paragraph applies for the purposes of Part 3 of CAA 2001, and the other provisions of that Act which are relevant to that Part, to a relevant transfer of the relevant interest in an industrial building or structure.

(2)Neither section 559 nor section 573 of that Act is to have effect in relation to that transfer.

Chargeable gains: assets to be treated as disposed of without a gain or a loss

11(1)For the purposes of TCGA 1992 a disposal—

(a)constituted by a relevant transfer, or

(b)to which sub-paragraph (2) applies,

is to be taken (in relation to the person to whom the disposal is made as well as the person making the disposal) to be for a consideration such that no gain or loss accrues to the person making the disposal.

(2)This sub-paragraph applies to a disposal if—

(a)it is made in accordance with provision contained in a transfer scheme by virtue of paragraph 4, 6 or 12 of Schedule 12 to this Act,

(b)the person making the disposal and the person to whom the disposal is made are taxable public bodies, and

(c)each of those persons is either the transferor or a transferee under the scheme.

(3)Sub-paragraph (1) is subject to paragraph 12.

Chargeable gains: roll-over relief

12(1)This paragraph applies if—

(a)but for section 154 of TCGA 1992 (depreciating assets) a held-over gain would have been carried forward to a depreciating asset, and

(b)the asset is the subject of a relevant transfer.

(2)Section 154 is to have effect as if the gain had accrued to, and the claim for it to be held over had been made by, the transferee and as if the transferor’s acquisition of the depreciating asset had been the transferee’s acquisition of it.

(3)Expressions used in this paragraph and in section 154 have the same meanings in this paragraph as in that section.

Continuity in relation to transfer of intangible assets

13(1)For the purposes of Schedule 29 to FA 2002

(a)a relevant transfer of a chargeable intangible asset of the transferor is to be treated as a tax-neutral transfer, and

(b)an intangible fixed asset which is an existing asset of the transferor at the time of a relevant transfer is to be treated, on and after the transfer, as an existing asset in the hands of the transferee.

(2)Expressions used in this paragraph and in that Schedule have the same meanings in this paragraph as in that Schedule.

Continuity in relation to loan relationships

14(1)For the purposes of the application of Chapter 2 of Part 4 of FA 1996 (loan relationships) in relation to a relevant transfer, the transferee and the transferor are to be treated as if, at the time of the transfer, they were members of the same group.

(2)In sub-paragraph (1) the reference to being members of the same group must be construed in accordance with paragraph 12(8) of Schedule 9 to that Act.

Continuity in relation to derivative contracts

15(1)For the purposes of the application of Schedule 26 to FA 2002 (derivative contracts) in relation to a relevant transfer, the transferee and the transferor are to be treated as if, at the time of the transfer, they were members of the same group.

(2)In sub-paragraph (1) the reference to being members of the same group must be construed in accordance with paragraph 28(6) of that Schedule.

Leased assets

16(1)This paragraph applies for the purposes of section 781 of ICTA (assets leased to traders and others) where—

(a)the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred under a relevant transfer, or

(b)a lease, or any other interest in a lease, is granted by a taxable public body to another taxable public body in accordance with provision contained by virtue of paragraph 4, 6 or 12 of Schedule 12 to this Act in a transfer scheme.

(2)Section 783(4) of ICTA is to be disregarded and the transfer or grant is to be treated as made without any capital sum having been obtained in respect of the interest or lease by the transferor or grantor.

(3)In the case of the transfer of an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.

(4)Expressions used in this paragraph and in sections 781 to 785 of ICTA have the same meanings in this paragraph as in those sections.

Part 3Transfers etc from taxable public bodies to exempt public bodies

Meaning of “relevant transfer” in Part 3 of Schedule

17In this Part of this Schedule “relevant transfer” means a transfer, in accordance with a transfer scheme, from a taxable public body to an exempt public body.

Transfers of trading stock

18(1)This paragraph applies if under a relevant transfer trading stock of the transferor is transferred to the transferee.

(2)Sub-paragraphs (3) and (4) have effect in computing for any corporation tax purpose the profits of the trade in relation to which the stock is trading stock immediately before the transfer takes effect (“the transferor’s trade”).

(3)The stock must be taken to have been—

(a)disposed of by the transferor in the course of the transferor’s trade, and

(b)subject to that, disposed of when the transfer takes effect.

(4)The value of the stock is to be taken to be—

(a)if consideration is given to the transferor in respect of the transfer, an amount equal to the value of the consideration, or

(b)if no such consideration is given, nil.

(5)For the purposes of this paragraph consideration given to a person connected with the transferor is to be treated as given to the transferor.

(6)In this paragraph “trading stock” has the same meaning as in section 100 of ICTA.

(7)For the purposes of this paragraph whether a person is connected with another person is determined in accordance with section 839 of ICTA (connected persons).

Capital allowances: determination of disposal value of plant or machinery

19(1)This paragraph applies to a relevant transfer of plant or machinery which is a disposal event for the purposes of Part 2 of CAA 2001 (capital allowances for plant and machinery).

(2)For the purposes of the application of section 61 of that Act in relation to the transferor, the disposal value of the plant or machinery is to be treated—

(a)if a capital sum is received by the transferor by way of consideration or compensation in respect of the transfer, as an amount equal to that sum, or

(b)if no such sum is received, as nil.

(3)For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor.

(4)Section 88 of CAA 2001 (sales at an undervalue) is to be disregarded.

(5)This paragraph is subject to sections 63(5) and 68 of CAA 2001.

Capital allowances: determination of disposal value of fixtures

20(1)This paragraph applies to a relevant transfer if—

(a)it is a disposal event for the purposes of Part 2 of CAA 2001, and

(b)by virtue of the transfer a person is treated by section 188 of that Act as ceasing to own a fixture.

(2)For the purposes of the application of section 196 of that Act in relation to the transferor, the disposal value of the fixture is to be treated—

(a)if a capital sum is received by the transferor by way of consideration or compensation in respect of the transfer, as an amount equal to that portion of that sum which, if the person to whom the disposal is made were entitled to an allowance, would fall to be treated for the purposes of Part 2 of that Act as expenditure incurred by that person on the provision of the fixture, or

(b)if no such sum is received, as nil.

(3)For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor.

(4)This paragraph is subject to section 63(5) of CAA 2001.

Capital allowances: determination of capital value of industrial buildings etc.

21(1)This paragraph applies for the purposes of Part 3 of CAA 2001, and the other provisions of that Act which are relevant to that Part, in relation to a relevant transfer of the relevant interest in an industrial building or structure.

(2)This paragraph is subject to section 36 of FA 2007 (which makes provision about balancing adjustments etc under Part 3 of CAA 2001).

(3)The transfer is to be treated as a sale of that relevant interest.

(4)The net proceeds of that sale are to be treated—

(a)if a capital sum is received by the transferor by way of consideration or compensation in respect of the transfer, as an amount equal to that sum, or

(b)if no such sum is received, as nil.

(5)For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor.

(6)Sections 567 to 570 of CAA 2001 (sales treated as being for alternative amount) are not to have effect in relation to that sale.

Chargeable gains: assets to be treated as disposed of without a gain or a loss

22(1)For the purposes of TCGA 1992 a disposal—

(a)constituted by a relevant transfer, or

(b)to which sub-paragraph (2) applies,

is to be taken to be for a consideration such that no gain or loss accrues to the person making the disposal.

(2)This sub-paragraph applies to a disposal if—

(a)it is made in accordance with provision contained in a transfer scheme by virtue of paragraph 4, 6 or 12 of Schedule 12 to this Act,

(b)the person making the disposal is a taxable public body,

(c)the person to whom the disposal is made is an exempt public body, and

(d)each of those persons is either the transferor or a transferee under the scheme.

Neutral effect of transfer of intangible assets

23(1)For the purposes of Schedule 29 to FA 2002, a relevant transfer of a chargeable intangible asset of the transferor is to be treated as not involving any realisation of the asset by the transferor.

(2)Expressions used in this paragraph and in that Schedule have the same meanings in this paragraph as in that Schedule.

Neutral effect of transfer for loan relationships and derivative contracts

24No credit or debit shall be required or allowed, in respect of a relevant transfer, to be brought into account in the transferor’s case—

(a)for the purposes of Chapter 2 of Part 4 of FA 1996 (loan relationships), or

(b)for the purposes of Schedule 26 to FA 2002 (derivative contracts).

Leased assets

25(1)This paragraph applies for the purposes of section 781 of ICTA (assets leased to traders and others) where—

(a)the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred under a relevant transfer, or

(b)a lease, or any other interest in a lease, is granted by a taxable public body to an exempt public body in accordance with provision contained by virtue of paragraph 4, 6 or 12 of Schedule 12 to this Act in a transfer scheme.

(2)Section 783(4) of ICTA is to be disregarded and the transfer or grant is to be treated as made without any capital sum having been obtained in respect of the interest or lease by the transferor or grantor.

(3)Expressions used in this paragraph and in sections 781 to 785 of ICTA have the same meanings in this paragraph as in those sections.

Part 4Transfers from exempt public bodies to taxable public bodies

Meaning of “relevant transfer” in Part 4 of Schedule

26In this Part of this Schedule “relevant transfer” means a transfer, in accordance with a transfer scheme, from an exempt public body to a taxable public body.

Capital allowances: transfer of plant or machinery

27(1)This paragraph applies where—

(a)there is a relevant transfer of plant or machinery,

(b)the plant or machinery would have been treated for the purposes of CAA 2001 (had the transferor incurred expenditure qualifying for allowances under Part 2 of that Act on the provision of the plant or machinery) as disposed of by the transferor to the transferee on the transfer taking effect, and

(c)the transfer scheme in accordance with which the transfer is made contains provision for the transferee to be treated for the purposes of that Act as having incurred capital expenditure of an amount specified in or determined in accordance with the scheme on the provision of the plant or machinery.

(2)For the purposes of CAA 2001—

(a)the transferee is to be treated as having incurred capital expenditure of that amount on the provision of the plant or machinery for the purposes for which it is used by the transferee on and after the taking effect of the transfer,

(b)the property is to be treated as belonging to the transferee as a result of the transferee having incurred that expenditure, and

(c)in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be treated for the purposes of sections 181(1) and 182(1) of that Act as being incurred by the giving of a consideration consisting in a capital sum of that amount.

(3)The provision mentioned in sub-paragraph (1)(c) for the determination of an amount may include provision for a determination—

(a)to be made by the Secretary of State in a manner described in the scheme,

(b)to be made by reference to factors so described or to the opinion of a person so described, and

(c)to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(4)The consent of the Treasury is required for the making or modification of a determination under the provision mentioned in sub-paragraph (1)(c).

(5)The consent of the transferee is required for the modification of a determination under the provision mentioned in sub-paragraph (1)(c).

(6)As to the making of a determination or a modification of a determination under the provision mentioned in sub-paragraph (1)(c), see further paragraph 43.

(7)Expressions used in this paragraph and in Part 2 of CAA 2001 have the same meanings in this paragraph as in that Part.

Capital allowances: determination of capital value of industrial buildings etc.

28(1)This paragraph applies where there is a relevant transfer of the relevant interest in an industrial building or structure and the transfer scheme in accordance with which the transfer is made contains provision specifying for the purposes of section 311 of CAA 2001—

(a)the amount to be taken as the amount of the residue of qualifying expenditure immediately after the event, and

(b)the period to be taken as the period from the date of the event to the end of the period of 25 years beginning with the day on which the building or structure was first used.

(2)For the purposes of that section—

(a)the transfer is to be treated as the occurrence of a relevant event,

(b)the residue of qualifying expenditure immediately after the event is to be taken to be the amount specified by virtue of sub-paragraph (1)(a), and

(c)the period from the date of the event to the end of the period of 25 years beginning with the day on which the building or structure was first used is to be taken to be the period specified by virtue of sub-paragraph (1)(b).

(3)Expressions used in this paragraph and in Part 3 of CAA 2001 have the same meanings in this paragraph as in that Part.

Part 5Other provisions concerning transfers between public bodies

Meaning of “relevant transfer” in Part 5 of Schedule

29In this Part of this Schedule “relevant transfer” means a transfer, in accordance with a transfer scheme, from a public body to another public body.

Trading losses: change in ownership

30(1)This paragraph applies to a relevant transfer of all the issued share capital of a company (the “transferred company”).

(2)For the purposes of sections 768 to 768E of ICTA, the transfer is not to be taken to result in a change in the ownership of—

(a)the transferred company, or

(b)a company which is a wholly-owned subsidiary of the transferred company when the transfer takes effect.

Chargeable gains: degrouping charges

31(1)This paragraph applies if a company (“the degrouped company”)—

(a)acquired an asset from another company at a time when both were members of the same group of companies (“the old group”),

(b)ceases by virtue of a relevant transfer to be a member of the old group, and

(c)becomes by virtue of the transfer a member of the same group of companies as the transferee (“the new group”).

(2)Section 179 of TCGA 1992 (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3)Where sub-paragraph (2) has applied to an asset, section 179 of TCGA 1992 is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of the new group otherwise than by virtue of a relevant transfer as if—

(a)the degrouped company, and

(b)the company from which it acquired the asset,

had been members of the new group at the time of acquisition.

(4)If, disregarding any preparatory transactions, a company would be regarded by virtue of a relevant transfer—

(a)as ceasing to be a member of a group of companies for the purposes of section 179 of TCGA 1992 (and, accordingly, of this paragraph), or

(b)as becoming a member of a group of companies for the purposes of this paragraph,

it is to be regarded for those purposes as so doing by virtue of the relevant transfer and not by virtue of any preparatory transactions.

(5)In this paragraph “preparatory transactions” means anything done under or by virtue of this Act for the purpose of initiating, advancing or facilitating the relevant transfer in question.

(6)Expressions used in this paragraph and in section 179 of TCGA 1992 have the same meanings in this paragraph as in that section.

Stamp duty

32(1)Stamp duty is not to be chargeable—

(a)on a transfer scheme in the case of which the transferor and each transferee is a public body, or

(b)on an instrument certified by the Secretary of State to the Commissioners for Her Majesty’s Revenue and Customs as made for the purposes of such a transfer scheme, or as made for purposes connected with such a transfer scheme.

(2)But where, by virtue of sub-paragraph (1), stamp duty is not chargeable on a scheme or instrument, the scheme or instrument is to be treated as duly stamped only if—

(a)in accordance with section 12 of the Stamp Act 1891 (c. 39) it has been stamped with a stamp denoting either that it is not chargeable to duty or that it has been duly stamped, or

(b)it is stamped with the duty to which it would be chargeable apart from sub-paragraph (1).

(3)In this paragraph “instrument” has the same meaning as in the Stamp Act 1891.

Part 6Transfers etc involving private persons

Meaning of “relevant transfer” in Part 6 of Schedule