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Crossrail Act 2008

Status:

This is the original version (as it was originally enacted).

Section 3

SCHEDULE 3Highways

This schedule has no associated Explanatory Notes

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).

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