Crossrail Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 10 — Application of other railway legislation
174

would apply, but for paragraph 1(1)(a), (3) or (4) of 2(1)(a) of Schedule 8 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
5
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.
10
      (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).
15
      (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 8 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
20
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.
25
      (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
30
beginning when the notice under that provision is given and ending when
the prohibition under that provision ceases to apply to the building.
Schedule 10
Section 44

Application of other railway legislation
Highway (Railway Crossings) Act 1839 (c. 45)
35
1
The Highway (Railway Crossings) Act 1839 shall not apply to a railway
authorised by this Act.
Railway Regulation Act 1842 (c. 55)
2
Section 9 of the Railway Regulation Act 1842 shall not apply to a railway
authorised by this Act.
40

Crossrail Bill
Schedule 10 — Application of other railway legislation
175

Railways Clauses Consolidation Act 1845 (c. 20)
3     (1)
The Railways Clauses Consolidation Act 1845, insofar as applicable for the
purposes of this Act and not inconsistent with its provisions, is hereby
incorporated with this Act.
      (2)
The following provisions are excepted from incorporation by virtue of sub-
5
paragraph (1)—
sections 1, 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 42, 47, 48, 59 to 62, 74, 75, 77
to 85, 87, 88, 94, 95 and 112 to 124.
      (3)
In their application by virtue of sub-paragraph (1)—
(a)
section 2 shall have effect with the substitution for “so incorporated
10
as aforesaid” of “incorporated”;
(b)
section 6 shall have effect with the omission of the words “and to take
lands for that purpose”, “taken or” and “for the value of the lands so
taken or used, and”;
(c)
sections 18 and 21 shall not apply in any case where the relations
15
between the nominated undertaker and any other person are
regulated by sections 84 and 85 of the New Roads and Street Works
Act 1991 (c. 22) or Part 2 of Schedule 14 to this Act;
(d)
section 68 shall have effect with the omission of the words from
“Such and” to “formation thereof” and from “together with all
20
necessary gates” to “all necessary stiles”.
Railways Clauses Act 1863 (c. 92)
4     (1)
Part 1 of the Railways Clauses Act 1863, insofar as applicable for the
purposes of this Act and not inconsistent with its provisions, is hereby
incorporated with this Act.
25
      (2)
The following provisions are excepted from incorporation by virtue of sub-
paragraph (1)—
sections 5 to 7 and 13 to 19.
Railway Companies (Accounts and Returns) Act 1911 (c. 34)
5
For the purposes of the Railway Companies (Accounts and Returns) Act
30
1911, a person shall not be a railway company by virtue of working a railway
authorised by this Act.
British Transport Commission Act 1949 (c. xxix)
6     (1)
Section 55 the British Transport Commission Act 1949 (penalty for trespass
on railways etc.) shall also apply in relation to any railway, siding, tunnel,
35
railway embankment, cutting or similar work constructed in exercise of the
powers conferred by this Act.
      (2)
Section 56 of that Act (penalty for stone throwing etc. on railways) shall also
apply in relation to any railway or siding constructed in exercise of the
powers conferred by this Act.
40
Miscellaneous
7     (1)
In their application to—

Crossrail Bill
Schedule 10 — Application of other railway legislation
176

(a)
a Crossrail undertaker,
(b)
Crossrail, or
(c)
any train being used to provide services for the carriage of
passengers or goods on Crossrail,

the enactments specified in column (1) of the following table (which create
5
the offences broadly described in column (2) of the table) shall each have
effect as if the maximum fine which may be imposed on summary
conviction of any offence specified in the enactment were, instead of that
specified in column (3) of the table, a fine not exceeding the level specified
in column (4) of the table.
10

(1)
(2)
(3)
(4)

Enactment
Description of
Maximum
Maximum fine

offence
fine otherwise
(level on standard

applicable
scale)

(level on

15

standard

scale)

Section 16 of
Obstruction of
Level 1
Level 3

the Railway
officers of

Regulation
railway

20

Act 1840
company or

(c. 97).
trespass upon

railway.

Section 17 of
Misconduct of
Level 1
Level 3

the Railway
persons

25

Regulation
employed on

Act 1842
railways.

(c. 55).

The

Regulation of

30

Railways Act

1889 (c. 57)—

section 5(1)
Failure to
Level 1
Level 2

produce

ticket, to pay

35

fare or to give

name and

address.

section 5(3).
Travel with
Level 2
Level 3

intent to avoid

40

payment of

fare.

      (2)
In such application—
(a)
section 16 of the Railway Regulation Act 1840 shall have effect as if
the court had, as an alternative to imposing a fine, the power to
45
award imprisonment for a period not exceeding 51 weeks;

Crossrail Bill
Schedule 11 — Transfer schemes
Part 3 — Transfers from Secretary of State and companies owned by Secretary of State
177

(b)
section 5(2) of the Regulation of Railways Act 1889 (c. 57) (power to
arrest passenger who fails to produce ticket and refuses to give his
name and address) shall have effect as if after the word “refuses”
there were inserted the words “or fails”.
      (3)
In relation to an offence committed before the commencement of section
5
281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection
(2)(a) to 51 weeks shall be read as a reference to one month.
      (4)
In this paragraph, “Crossrail undertaker” means a person who, under
section 46, is the nominated undertaker for any purpose of section 1(1), so
far as relating to Crossrail.
10
Schedule 11
Section45

Transfer schemes
Part 1
Transfers from Cross London Rail Links Limited and its subsidiaries
1     (1)
The Secretary of State may make schemes for the transfer of property, rights
15
and liabilities—
(a)
from Cross London Rail Links Limited (“CLRL”), or
(b)
from a body corporate which is a wholly-owned subsidiary of CLRL,

to any person, including the Secretary of State.
      (2)
The Secretary of State shall consult CLRL before making a scheme under
20
sub-paragraph (1).
Part 2
Transfers from the Greater London Authority, Transport for London, the
London Development Agency and their subsidiaries
2     (1)
The Secretary of State may, for purposes connected with Crossrail, make
25
schemes for the transfer of property, rights and liabilities—
(a)
from the Greater London Authority, the London Development
Agency or Transport for London, or
(b)
from a body corporate which is a wholly owned subsidiary of the
Greater London Authority, the London Development Agency or
30
Transport for London,

to any person, including the Secretary of State.
      (2)
The power conferred by sub-paragraph (1) shall be exercisable only with the
consent of the transferor.
Part 3
35
Transfers from Secretary of State and companies owned by Secretary of State
3     (1)
The Secretary of State may, for purposes connected with Crossrail, make
schemes for the transfer of property, rights and liabilities—

Crossrail Bill
Schedule 11 — Transfer schemes
Part 4 — General provisions about transfer schemes
178

(a)
from the Secretary of State, or
(b)
from a company which is wholly owned by the Secretary of State,

to any person.
      (2)
For the purposes of this paragraph, a company is wholly owned by the
Secretary of State at any time when it has no members other than one or
5
more persons falling within the following paragraphs—
(a)
the Secretary of State;
(b)
a company which is wholly owned by the Secretary of State;
(c)
a person acting on behalf of the Secretary of State or of a company
which is wholly owned by the Secretary of State.
10
Part 4
General provisions about transfer schemes
Property, rights and liabilities that may be transferred
4
The property, rights and liabilities for whose transfer a scheme may provide
include (in particular)—
15
(a)
rights and liabilities relating to contracts of employment;
(b)
property, rights and liabilities that would not otherwise be capable
of being transferred or assigned by the transferor;
(c)
property acquired after the making of the scheme and rights and
liabilities arising after the making of the scheme;
20
(d)
rights and liabilities under an enactment.
Creation by a scheme of interests, rights and liabilities
5     (1)
A scheme may contain—
(a)
provision for the creation, in favour of the transferor, of—
(i)
an interest in, or
25
(ii)
a right in relation to,

property whose transfer is provided for by the scheme,
(b)
provision for the creation, in favour of a transferee, of—
(i)
an interest in, or
(ii)
a right in relation to,
30

property retained by the transferor,
(c)
provision for the creation, in favour of a transferee, of—
(i)
an interest in, or
(ii)
a right in relation to,

property whose transfer to another person is provided for by the
35
scheme,
(d)
provision for the creation of rights and liabilities as between the
transferor and a transferee, and
(e)
provision for the creation of rights and liabilities as between different
transferees.
40
      (2)
A scheme may contain provision about enforcement, by or against any one
or more of the transferor and the transferee or transferees, of a right or
liability whose transfer or creation is provided for by the scheme.

Crossrail Bill
Schedule 11 — Transfer schemes
Part 4 — General provisions about transfer schemes
179

Identifying what is transferred or created by a scheme
6     (1)
A scheme may define property, rights or liabilities for whose transfer it
provides—
(a)
by specifying it or them;
(b)
by describing it or them.
5
      (2)
A scheme may define retained property for the purposes of provision made
under paragraph 5(1)(b)—
(a)
by specifying it;
(b)
by describing it.
      (3)
A description of property, rights or liabilities may be framed (in
10
particular)—
(a)
by reference to the transferor’s undertaking;
(b)
by reference to a specified part of that undertaking.
Scheme may provide for contraventions etc. to be treated as not occurring
7     (1)
A scheme may contain provision for a transfer to take effect as if there were
15
no contravention or liability, or interference with any interest or right, that
there would otherwise be by reason of a provision falling within sub-
paragraph (2).
      (2)
A provision falls within this sub-paragraph if it has effect (whether under an
enactment or agreement or otherwise) in relation to the terms on which the
20
transferor is entitled to the property or right, or subject to the liability, for
whose transfer the scheme provides.
      (3)
A scheme may contain provision for—
(a)
the creation of an interest in property, or
(b)
the creation of a right in relation to property,
25

to take effect as if there were no contravention or liability, or interference
with any interest or right, that there would otherwise be by reason of a
provision falling within sub-paragraph (4) or (5).
      (4)
A provision falls within this sub-paragraph if it has effect (whether under an
enactment or agreement or otherwise) in relation to the terms on which the
30
transferor is entitled to the property.
      (5)
A provision falls within this sub-paragraph if it has effect (whether under an
enactment or agreement or otherwise) in relation to the terms on which a
subsidiary of the transferor is entitled or subject to anything immediately
before the creation of the interest or right takes effect.
35
Transfer of shares in subsidiary of transferor
8     (1)
This paragraph applies where a scheme provides for the transfer of shares in
a subsidiary of the transferor.
      (2)
The scheme may contain provision for the transfer to take effect as if there
were no contravention or liability, or interference with any interest or right,
40
that there would otherwise be by reason of a provision falling within sub-
paragraph (3), but this is without prejudice to paragraph 7(1).

Crossrail Bill
Schedule 11 — Transfer schemes
Part 4 — General provisions about transfer schemes
180

      (3)
A provision falls within this sub-paragraph if it has effect (whether under an
enactment or agreement or otherwise) in relation to the terms on which the
subsidiary is entitled or subject to anything immediately before the transfer
takes effect.
Scheme may modify interests, rights and liabilities of third parties
5
9     (1)
A scheme may contain provision for interests, rights or liabilities of third
parties in relation to anything to which the scheme relates to be modified in
the manner set out in the scheme.
      (2)
In sub-paragraph (1) “third party”, in relation to a scheme, means a person
who is neither the transferor nor a transferee.
10
10    (1)
Sub-paragraph (2) applies where (apart from that sub-paragraph) a person
would have a triggered entitlement in consequence of—
(a)
property, rights or liabilities having been, or being likely to be,
transferred by the operation of paragraph 13(1) in relation to a
scheme,
15
(b)
interests, rights or liabilities having been, or being likely to be,
created by the operation of paragraph 13(1) in relation to a scheme,
or
(c)
anything else having been done, or being likely to be done, by or
under a scheme.
20
      (2)
That triggered entitlement shall, as respects the interest or right to which it
relates, be enforceable in consequence of the circumstances mentioned in
sub-paragraph (1)(a), (b) or (c) to the extent only that the scheme provides
for it to be so enforceable.
      (3)
In this paragraph “triggered entitlement”, in relation to a scheme, means an
25
entitlement—
(a)
to terminate, modify, acquire or claim an interest or right to which
the transferor, or a subsidiary of the transferor, is entitled or subject,
or
(b)
to treat an interest or right to which the transferor, or a subsidiary of
30
the transferor, is entitled or subject as modified or terminated.
Scheme may impose obligations to enter into agreements or execute instruments
11    (1)
A scheme may contain provision for imposing, on the transferor or a
transferee, obligations—
(a)
to enter into agreements with, or
35
(b)
to execute instruments in favour of,

persons specified in the scheme.
      (2)
The persons who may be so specified are—
(a)
a transferee;
(b)
the transferor;
40
(c)
any person other than the transferor or a transferee.
      (3)
Sub-paragraphs (4) to (7) apply where a scheme contains provision for
imposing an obligation of the kind mentioned in sub-paragraph (1).
      (4)
The scheme must specify or describe the agreement or instrument to which
the obligation relates.
45