PART IIILANDS
10Power to acquire lands
Subject to the provisions of this Act, the Company may enter upon, take and use such of the lands delineated on the deposited plan and described in the deposited book of reference as they may require for the purposes of the works or for any purpose connected with or ancillary to their undertaking.
11Power to use subsoil beneath streets
(1)For the purpose of constructing Work No. 1 the Company may enter upon, use and appropriate so much of the subsoil and undersurface of Victoria Street (including the footways) in the city of Westminster as lies within the limit of deviation and as may be necessary for the purpose of constructing that work.
(2)For the purpose of constructing the new passageways the Company may enter upon, use and appropriate so much of the subsoil and undersurface of the lands numbered on the deposited plans 7 and 8 in the city of Westminster as may be necessary for the purpose of constructing the new passageways.
(3)The Company shall not be required to purchase the interests referred to in subsections (1) and (2) above or to make any payment therefor.
12Power to acquire subsoil or new rights only in certain cases
(1)In this Part of this Act “new rights” in relation to any land means easements or other rights in, under or over such land, which are not in existence at the passing of this Act.
(2)Notwithstanding anything in this Act, the Company may, for the purposes of constructing, maintaining, protecting, renewing and using the works, enter upon, take and use so much of the subsoil and under-surface of or may acquire such new rights as they may require in, under or over any of the lands described in section 10 (Power to acquire lands) of this Act without being obliged or compellable to acquire any greater interest in, under or over the same respectively and may give notice to treat in respect of such entry, taking and using.
(3)(a)If, in any case where the Company enter upon, take and use the subsoil and under-surface of, or acquire a new right in or under, any of the said lands they also require to take, use and pull down or open any cellar, vault, arch or other construction forming part of any such lands, they may enter upon, take and use such cellar, vault, arch or other construction for the purposes of the works and (subject to the provisions of this Act) the provisions of the Land Clauses Acts shall extend and apply in relation to the purchase thereof as if such cellar, vault, arch or other construction were lands within the meaning of those Acts.
(b)Section 12 (Acquisition of part only of certain properties) of the Act of 1964, as incorporated with this Act, shall apply in respect of the acquisition by the Company under this subsection of any cellar, vault, arch or other construction as if the same were a part of land to which that section applies.
13Subsoil or new rights only to be acquired in certain cases
(1)In this section—
“the specified lands” means the lands numbered on the deposited plan 9 and 10 in the city of Westminster;
“the level of the surface of the specified lands” means ground surface level or, in the case of a building on the specified lands, means the level of the surface of the ground adjoining the building.
(2)(a)Notwithstanding the provisions of section 10 (Power to acquire lands) of this Act, the Company shall not acquire compulsorily under the powers of this Act any part of the specified lands, except as provided in paragraph (b) below.
(b)The Company may, within the limits of lateral deviation prescribed by this Act in respect of the works, enter upon, take and use so much of the subsoil and under-surface of the specified lands as they may require for the purposes of constructing, maintaining, protecting, renewing and using the works and any necessary works and conveniences connected therewith, or compulsorily purchase such new rights in the subsoil and under-surface of the specified lands as they may require for the said purposes without in either case being obliged or compellable to acquire any greater interest in, under or over the specified lands and may give notice to treat in respect of such entry, taking and using.
(c)For the purposes of this section the subsoil and under-surface of the specified lands shall be deemed not to include any such subsoil or under-surface which is within 9 metres of the level of the surface of the specified lands.
14Application of Lands Clauses Acts to compulsory purchase of new rights
(1)The Lands Clauses Acts, as incorporated with this Act, shall have effect with the modifications necessary to make them apply to the compulsory purchase of rights under section 12 (Power to acquire subsoil or new rights only in certain cases) and section 13 (Subsoil or new rights only to be acquired in certain cases) of this Act as they apply to the compulsory purchase of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land in, under or over which the rights are or are to be exercisable, according to the requirements of the particular context.
(2)Without prejudice to the generality of subsection (1) above in relation to the purchase of new rights in pursuance of section 12 (Power to acquire subsoil or new rights only in certain cases) and section 13 (Subsoil or new rights only to be acquired in certain cases) of this Act—
(a)the [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall, subject to the provisions of subsection (3) below, have effect with the modifications specified in Schedule 1 (except paragraph 4) to the Act of 1976 and as if for the word “over”, where it occurs in paragraph 1 of that schedule, there were substituted the words “in, under or over”;
(b)the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.
(3)Notwithstanding anything in this section, section 92 of the [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to any compulsory acquisition or purchase by the Company under section 12 (Power to acquire subsoil or new rights only in certain cases) or section 13 (Subsoil or new rights only to be acquired in certain cases) of this Act.
15Set-off for enhancement in value of retained land
(1)In this section “relevant land” means any land or any subsoil or under-surface of or new rights in, under or over any land acquired by the Company for the purposes of the works.
(2)In assessing the compensation payable to any person on the acquisition by the Company from him of any relevant land, the Lands Tribunal shall—
(a)have regard to the extent to which the lands or the remaining contiguous lands belonging to the same person may be benefited by the works; and
(b)set off against the value of the relevant land any increase in the value of the remaining contiguous lands belonging to the same person which will accrue to him by reason of the construction of the works.
(3)The [1961 c. 33.] Land Compensation Act 1961 shall have effect subject to the provisions of this section.
16Temporary possession of land
(1)This section applies to the land delineated on the deposited plan and thereon numbered 11, 12 and 13 in the city of Westminster (hereinafter in this section referred to as “the said land”).
(2)The Company may, for the purpose of enabling them to construct the new passageways, enter upon and take possession temporarily of the land numbered 11 on the deposited plan and so much of the roof of and air space over the lands numbered 12 and 13 on the said plan after giving to the owners, lessees and occupiers thereof not less than one month’s previous notice in writing and may remove any apparatus and equipment thereon and may construct temporary works and structures thereon for such purpose.
(3)The company—
(a)shall not without the agreement of the owners, lessees and occupiers thereof remain in possession of the said land under the powers of this section after a period of three years from the date of entry thereon;
(b)shall not be empowered to purchase compulsorily or be required to purchase the said land (except such subsoil or new rights as they require under the provisions of section 12 (Power to acquire subsoil or new rights only in certain cases) of this Act).
(4)Before relinquishing possession of the said land the Company shall remove all works and structures erected by them on the surface or on the roof and in the airspace thereof as the case may be and shall, subject to any agreement to the contrary with the respective owners, lessees or occupiers thereof, reinstate the said land so far as reasonably practicable to its condition immediately before entry thereon by the Company.
17Period for compulsory purchase of lands and new rights
The powers of the Company for the compulsory purchase of lands and new rights under this Act shall cease on 31st December 1995.
18Incorporation of lands provisions
(1)The following provisions of the undermentioned Acts are, with necessary modifications, incorporated with this Act:—
The Act of 1963—
section 21 (Powers to enter for survey or valuation); and
section 28 (As to cellars under streets not referenced):
The Act of 1964—
section 12 (Acquisition of part only of certain properties); and
section 14 (Extinction of private rights of way):
The Act of 1965—
section 13 (Correction of errors in deposited plans and book of reference):
The Act of 1966—
section 14 (Power to expedite entry):
The Act of 1969—
section 14 (Disregard of recent improvements and interests).
(2)The provisions of the said section 21 of the Act of 1963, as so incorporated, shall have effect as if after the word “acquire” there were inserted the words “or use”.