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)—U.K.
(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) |
|---|---|---|---|
| Works | Area | Number of land shown on deposited plans | Purpose for which temporary possession may be taken |
| 1/3A and 1/3B | City of Westminster | 217 | The provision of a working site. |
| 1/3A and 1/3B | 451 | The provision of a working site. | |
| 1/3A and 1/3B | 692 | The provision of a working site. | |
| 1/9D | 30c | The provision of a working site. | |
| 1/3A and 1/3B | City of London | 104a and 104b | The provision of a working site. |
| 1/3A and 1/3B | 104c | The provision of a working site. | |
| Proposed Whitechapel Station comprised in Works Nos. 1/3A and 1/3B | London Borough of Tower Hamlets | 245b | The provision of access for construction. |
| Any of the works authorised by this Act | London Borough of Tower Hamlets | 972 and 976 | The provision of access and a working site. |
| Any of the works authorised by this Act | 753, 774, 775, 788, 789 and 796 | The provision of access and barge loading facilities. | |
| 1/7, 1/33A and 1/33B | London Borough of Greenwich | 160, 165 and 170 | The provision of a working site. |
| Any of the works authorised by this Act | London Borough of Bexley | 83a | The provision of a working site. |
| The provision of overhead electrification equipment and works to Maidenhead Bridge | Royal Borough of Windsor & Maidenhead | 62 and 72 | The provision of a working site and access for construction. |
| 3/3A | Borough of Slough | 81 | The provision of access and a working site. |
| 3/6 | 172 and 173 | The provision of a working site. | |
| 3/7A and 3/7B | 187 | The provision of a working site. | |
| The provision and renewal of railway systems and station facilities for operational purposes (Ealing Broadway Station) | London Borough of Ealing | 111 | The 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.U.K.
(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—
“appropriate Ministers” means the Secretary of State for [F1Housing, Communities and Local Government] and the Secretary of State for Transport acting jointly;
“relevant planning authority” means—
in relation to land in the area of a unitary authority, the local planning authority;
in relation to land not in the area of a unitary authority, the district planning authority;
“structure” includes any erection.
Textual Amendments
F1Words in Sch. 5 para. 2(8) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 11(c) (with art. 7)
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.U.K.
(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).