Channel Tunnel Act 1987

Compensation for, and mitigation of, adverse effects of certain authorised works U.K.

27 (1) Subject to the following provisions of this paragraph, the Secretary of State is the responsible authority for the purposes of Parts I and II of the M1 Land Compensation Act 1973 (compensation for, and mitigation of, injurious effects of public works) as respects the Concessionaires’ scheduled works and any other works of the Concessionaires authorised by this Act (including the construction or alteration of any highway). U.K.

(2) Where a claim under Part I of that Act relates to depreciation caused by use of the road forming Work No. 17—

(a) if and so far as it relates to depreciation that would not have been caused but for the opening to public traffic of Kent County Council’s scheduled works, that Council shall be the responsible authority in relation to it; and

(b) if and so far as the Secretary of State is the responsible authority in relation to it, no account shall be taken in assessing compensation of any use or expected intensification of use of that road due to that opening.

(3) If and so far as the Kent County Council are the responsible authority in relation to a claim under that Part of that Act by virtue of sub-paragraph (2)(a) above, that Part of that Act shall have effect in relation to the claim as if—

(a) the relevant date were the date on which all of their scheduled works were first open to public traffic;

(b) the increase in value to be taken into account under section 6 were any increase that would not have been caused but for the opening to public traffic of those works; and

(c) subsection (1) of section 8 did not preclude the payment of compensation unless the previous claim was in respect of depreciation that would not have been caused but for that opening and subsection (2) of that section did not preclude the payment of compensation.

(4) Subject to the following provisions of this paragraph, the M2 Noise Insulation Regulations 1975 shall have effect as if—

(a) the Secretary of State were the appropriate highway authority in relation to all of the Concessionaires’ scheduled works and other works of the Concessionaires authorised by this Act which are highways, except the road forming Work No. 17;

(b) Work No. 17 were, as from the commencement of its construction, the construction of a highway by the Kent County Council; and

(c) the relevant noise level, in relation to the road forming that work, did not include any level of noise caused or expected to be caused by traffic using or expected to use it before the date on which all of Kent County Council’s scheduled works are first open to public traffic.

(5) Notwithstanding anything in sub-paragraph (1) or (4) above, the Secretary of State—

(a) is not liable to satisfy any claim under Part I of the Land Compensation Act 1973 in connection with the use of any highway for which he is not the highway authority; and

(b) does not have any obligation or power under the Noise Insulation Regulations 1975 in connection with the use or alteration of any such highway;

if and so far as the claim, obligation or power arises in connection with the alteration of the highway otherwise than in pursuance of this Act.

(6) Subject to the following provisions of this paragraph, in the case of any of the Concessionaires’ scheduled works and any other works of the Concessionaires authorised by this Act which involve the construction or alteration of a highway, the Secretary of State shall have the powers and duties of a highway authority under—

(a) section 28 of that Act (power to pay expenses of persons moving temporarily during construction works); and

(b) sections 246, 253 and 282 of the M3 Highways Act 1980 (which relate respectively to acquisition of land, agreements with respect to use of land and execution of works for the purpose of mitigating adverse effects of highways);

as if he were constructing or altering, or proposing to construct or alter, the highway, and references in those sections to a highway authority shall be construed accordingly.

(7) The Secretary of State may with the consent of the Kent County Council by order made by statutory instrument transfer to that Council, on such terms as may be provided in the order—

(a) any land acquired by him under section 246 of the Highways Act 1980; and

(b) any rights and liabilities acquired by or accrued to him under that section, section 253 or 282 of the Highways Act 1980 or the M4 Noise Insulation Regulations 1975;

by virtue of this paragraph.

(8) For the purposes of section 26 of the M5 Land Compensation Act 1973 (power of responsible authority to acquire land by agreement for the purpose of mitigating any adverse effects of public works) the Concessionaires’ and the Railways Board’s scheduled works and any other works of the Concessionaires or (as the case may be) of the Railways Board authorised by this Act shall be treated as public works notwithstanding that they form part of a statutory undertaking as defined by [F1 section 336(1) of the Town and Country Planning Act 1990].

Textual Amendments

F1 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 4, Sch. 2 para. 75

Marginal Citations

M1 1973 c. 26.

M2 S.I. 1975/1763.

M3 1980 c. 66.

M4 S.I. 1975/1763.

M5 1973 c. 26.