|
| |
|
would apply, but for paragraph 1(1)(a), (3) or (4) of 2(1)(a) of Schedule 8 to |
| |
| |
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 |
| |
(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 |
| |
| |
(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 |
| |
| 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. |
| |
| |
| |
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 |
| |
| |
Railway Regulation Act 1842 (c. 55) |
| |
2 | Section 9 of the Railway Regulation Act 1842 shall not apply to a railway |
| |
| 40 |
|
| |
|
| |
|
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 |
| |
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 |
| |
| |
(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- |
| |
| |
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 |
| |
| |
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 |
| |
7 (1) | In their application to— |
| |
|
| |
|
| |
|
(a) | a Crossrail undertaker, |
| |
| |
(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 |
|
| |
(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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
| |
| |
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 |
| |
(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 |
| |
| |
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 |
| |
| 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. |
| |
| 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— |
| |
|
| |
|
| |
|
(a) | from the Secretary of State, or |
| |
(b) | from a company which is wholly owned by the Secretary of State, |
| |
| |
(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 |
| |
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 |
| |
| 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— |
| |
| 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— |
| |
| |
(ii) | a right in relation to, |
| 30 |
| property retained by the transferor, |
| |
(c) | provision for the creation, in favour of a transferee, of— |
| |
| |
(ii) | a right in relation to, |
| |
| property whose transfer to another person is provided for by the |
| 35 |
| |
(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 |
| |
| 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. |
| |
|
| |
|
| |
|
Identifying what is transferred or created by a scheme |
| |
6 (1) | A scheme may define property, rights or liabilities for whose transfer it |
| |
| |
(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 |
| |
| |
| |
| |
(3) | A description of property, rights or liabilities may be framed (in |
| 10 |
| |
(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- |
| |
| |
(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). |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| 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, |
| |
| |
(c) | anything else having been done, or being likely to be done, by or |
| |
| 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 |
| |
(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, |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
| 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 |
| |
| 45 |
|
| |
|