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Crossrail Act 2008

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This is the original version (as it was originally enacted).

Section 17

SCHEDULE 10Heritage: rights of entry

This schedule has no associated Explanatory Notes

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.

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