Crossrail Bill

House of Commons

Session 2004 - 05
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Crossrail Bill

Crossrail Bill
Schedule 11 — Transfer schemes
Part 4 — General provisions about transfer schemes
181

      (5)
The obligation may be enforced in any authorised way by the person—
(a)
with whom the agreement is to be entered into, or
(b)
in favour of whom the instrument is to be executed.
      (6)
In sub-paragraph (5) “enforced in any authorised way” means—
(a)
enforced in civil proceedings for an injunction,
5
(b)
enforced in civil proceedings for any other appropriate remedy or
relief, or
(c)
enforced in any other way authorised by the scheme.
      (7)
The scheme may provide for sub-paragraph (6)(a) or (b)—
(a)
not to apply in relation to the obligation, or
10
(b)
to apply in relation to the obligation subject to restrictions imposed
by the scheme.
Supplementary provisions of schemes
12    (1)
A scheme may make such incidental, supplementary, consequential and
transitional provision as the Secretary of State considers appropriate.
15
      (2)
The provision under sub-paragraph (1) that may be made by a scheme
includes (in particular)—
(a)
provision saving the effect of things done by or in relation to the
transferor,
(b)
provision for a transferee to be treated as the same person in law as
20
the transferor,
(c)
provision for things done by or in relation to the transferor to be
treated as done by or in relation to a transferee,
(d)
provision for things (including legal proceedings) being done by or
in relation to the transferor to be continued by or in relation to a
25
transferee, and
(e)
provision for references in a document to the transferor, or to an
employee or office-holder of the transferor, to have effect with
modifications specified in the scheme.
      (3)
In sub-paragraph (2)(e), the reference to an employee or office-holder of the
30
transferor includes a reference to a person employed in Her Majesty’s Home
Civil Service.
      (4)
Sub-paragraph (2)(e) does not apply to references in an enactment.
Effect of scheme
13    (1)
At the time appointed for the purpose by a scheme—
35
(a)
property, rights and liabilities for whose transfer the scheme
provides, and
(b)
interests, rights and liabilities for whose creation the scheme
provides,

shall, by virtue of this sub-paragraph, be transferred or (as the case may be)
40
created in accordance with the scheme.
      (2)
A scheme may appoint different times for the transfer or creation of different
things.

Crossrail Bill
Schedule 11 — Transfer schemes
Part 4 — General provisions about transfer schemes
182

Modification of scheme by agreement
14    (1)
Where the transferor, and the transferee or transferees, under a scheme so
agree, the scheme shall be treated for all purposes as having been made with
such modifications as may be agreed.
      (2)
Sub-paragraph (1) does not apply in the case of an agreement relating to
5
rights and liabilities under a contract of employment unless the employee is
a party to the agreement.
      (3)
Sub-paragraph (1) does not apply in the case of an agreement that adversely
affects the property or rights of a person other than the transferor or a
transferee unless that person is a party to the agreement.
10
      (4)
An agreement under sub-paragraph (1) may make—
(a)
any provision that could have been contained in the scheme, and
(b)
incidental, supplementary, consequential and transitional provision
in connection with giving effect to any such provision.
      (5)
Provision under sub-paragraph (4) may be made so as to have effect from
15
when the scheme was made (or any later time).
Transfer of employees and continuity of employment
15    (1)
Where, by virtue of a scheme, a person employed by the transferor becomes
an employee of a transferee—
(a)
the person is not to be regarded for the purposes of Part 11 of the
20
Employment Rights Act 1996 (c. 18) as having been dismissed by
virtue of the transfer,
(b)
the person’s period of employment with the transferor counts, for
the purposes of that Act, as a period of employment with the
transferee, and
25
(c)
the change of employment does not break the continuity of the
period of employment for the purposes of that Act.
      (2)
In sub-paragraph (1)—
(a)
a reference to becoming an employee of a person includes a reference
to becoming employed in Her Majesty’s Home Civil Service, and
30
(b)
a reference to being employed by a person, or to employment with a
person, includes a reference to being employed in Her Majesty’s
Home Civil Service.
Provision of information to person making scheme
16
Where the Secretary of State proposes to make a scheme under paragraph
35
1(1), 2(1) or 3(1) he may direct—
(a)
a proposed transferor,
(b)
a proposed transferee, or
(c)
Cross London Rail Links Limited,

to provide him with such information as he considers necessary to enable
40
him to make the scheme.
17    (1)
This paragraph applies to a direction under paragraph 16.
      (2)
The direction must specify the period within which the information is to be
provided.

Crossrail Bill
Schedule 11 — Transfer schemes
Part 5 — Interpretation
183

      (3)
The period specified must be not less than 28 days beginning with the day
when the direction is given.
      (4)
If a person fails to comply with the direction, the Secretary of State may serve
a notice on the person—
(a)
requiring the person to produce to the Secretary of State, at a time
5
and place specified in the notice, any documents which are specified
or described in the notice and are in the person’s custody or control,
or
(b)
requiring the person to provide to the Secretary of State, at a time and
place and in the form and manner specified in the notice, such
10
information as may be specified or described in the notice.
      (5)
No person may be required under this paragraph—
(a)
to produce a document which he could not be compelled to produce
in civil proceedings in the High Court, or
(b)
to provide information which he could not be compelled to give in
15
evidence in such proceedings.
      (6)
A person who intentionally alters, suppresses or destroys a document which
he has been required to produce by a notice under sub-paragraph (4) is
guilty of an offence and liable—
(a)
on summary conviction, to a fine not exceeding the statutory
20
maximum, and
(b)
on conviction on indictment, to a fine.
      (7)
If a person fails to comply with a notice under sub-paragraph (4), the High
Court may, on the application of the Secretary of State, make such order as
the court thinks fit for requiring the failure to be made good.
25
      (8)
Any order under sub-paragraph (7) may include provision requiring all the
costs or expenses of and incidental to the application to be borne by one or
more of—
(a)
the person in default, and
(b)
any officers of a body corporate or other association who are
30
responsible for its default.
      (9)
In this paragraph—
(a)
a reference to the production of a document includes a reference to
the production of a legible and intelligible copy of information
recorded otherwise than in legible form, and
35
(b)
the reference to suppressing a document includes a reference to
destroying the means of reproducing information recorded
otherwise than in legible form.
Part 5
Interpretation
40
Interpretation
18    (1)
In sub-paragraph (2), and in Part 4 of this Schedule except where the context
otherwise requires, “scheme” means a scheme under paragraph 1(1), 2(1) or
3(1).
      (2)
In this Schedule—
45

Crossrail Bill
Schedule 12 — Disapplication and modification of miscellaneous controls
184

“enactment” includes an enactment—
(a)
contained in an instrument made under an Act, or
(b)
contained in, or in an instrument made under, an Act of the
Scottish Parliament;
“subsidiary” and “wholly-owned subsidiary” have the meaning given
5
by section 736 of the Companies Act 1985 (c. 6);
“transferee”, in relation to a scheme, means a person who is a transferee
in respect of property, rights or liabilities for whose transfer the
scheme provides;
“transferor”, in relation to a scheme, means the person for the transfer
10
of whose property, rights or liabilities the scheme provides.
      (3)
References in this Schedule to a right or to an entitlement to a right include
references to an entitlement to exercise a right; and, accordingly, references
to a right’s arising include references to its becoming exercisable.
Schedule 12
15
Section 47

Disapplication and modification of miscellaneous controls
Ecclesiastical law
1     (1)
No obligation or restriction imposed under ecclesiastical law or otherwise in
relation to consecrated land shall have effect to prohibit, restrict or impose
any condition on the exercise of the powers conferred by this Act with
20
respect to works.
      (2)
Sub-paragraph (1) shall not apply in relation to the use of land comprised in
a burial ground for the purpose of constructing any of the works authorised
by this Act.
Overground wires
25
2
Nothing in the London Overground Wires &c. Act 1933 (c. xliv), or in any
bye-law made under that Act, shall extend or apply to any wires or part of a
wire erected or placed, proposed to be erected or placed, or for the time
being maintained, by the nominated undertaker in exercise of the powers
conferred by this Act.
30
London Squares Preservation Act 1931
3     (1)
Nothing in section 3 of the London Squares Preservation Act 1931 (c. xciii)
(protection of squares) shall have effect in relation to anything done for the
purposes of or in connection with the exercise of any of the powers conferred
by this Act with respect to works.
35
      (2)
Nothing in any agreement under section 9 of that Act (agreements between
local authority and owner of a protected square) shall have effect to prohibit,
restrict or impose any condition on the exercise of the powers conferred by
this Act with respect to works.

Crossrail Bill
Schedule 12 — Disapplication and modification of miscellaneous controls
185

London Building Acts (Amendment) Act 1939
4     (1)
The following provisions of the London Building Acts (Amendment) Act
1939 (c. xcvii) shall not apply to anything held by the Secretary of State or the
nominated undertaker and used, or intended for use, by the nominated
undertaker for the purposes of its undertaking under this Act—
5
(a)
Part 3 (construction of buildings and structures generally),
(b)
Part 4 (construction of special and temporary buildings and
structures), and
(c)
Part 5 (means of escape in case of fire).
      (2)
Sub-paragraph (1) shall not apply in relation to a building which is a house
10
or a hotel or which is used as offices or showrooms and does not form part
of a railway station.
Coast works
5
Section 34(1) of the Coast Protection Act 1949 (c. 74) (consent of Secretary of
State required for works detrimental to navigation) shall not apply in
15
relation to anything done within the limits of deviation for the scheduled
works in exercise of the powers conferred by this Act in relation to those
works, or any work in connection with them.
Port of London Act 1968
6
The following provisions of the Port of London Act 1968 (c. xxxii) shall not
20
apply in relation to anything done for the purposes of or in connection with
the exercise of any of the powers conferred by this Act with respect to
works—
(a)
section 70 (prohibition of various activities in relation to works
without a licence under section 66 of that Act), and
25
(b)
section 73(3) (prohibition of dredging etc. of Thames without a
licence).
Highways, etc.
7     (1)
The following enactments (which control obstructions of the highway in
connection with works relating to buildings) shall not apply to anything
30
erected, placed or retained in, upon or over a highway for the purposes of or
in connection with the exercise of any of the powers conferred by this Act
with respect to works—
(a)
section 15(1) of the Greater London Council (General Powers) Act
1970 (c. lxxvi), and
35
(b)
section 169(1) of the Highways Act 1980 (c. 66).
      (2)
Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs
in or near carriageway) shall not apply to any tree or shrub planted for the
purposes of or in connection with the exercise of the any of the powers
conferred by this Act with respect to works.
40
      (3)
Section 167 of the Highways Act 1980 (powers relating to retaining walls
near streets) shall not apply to any length of a retaining wall erected on land
held by the Secretary of State or nominated undertaker and used, or
intended for use, by the nominated undertaker for the purposes of its
undertaking under this Act.
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Crossrail Bill
Schedule 12 — Disapplication and modification of miscellaneous controls
186

      (4)
Nothing in section 8(2) to (5) of the Greater London Council (General
Powers) Act 1986 (c. iv) (power of borough councils in relation to retaining
walls supporting the carriageway or footway of certain highways) shall
apply with respect to any retaining wall erected in exercise of the powers
conferred by this Act.
5
Sites of special scientific interest
8     (1)
Section 28E(1) of the Wildlife and Countryside Act 1981 (c. 69) (duties of
owner or occupier of land included in a site of special scientific interest in
relation to the carrying out of specified operations on the land) shall not
apply in relation to any operation carried out for the purposes of or in
10
connection with the exercise of any of the powers conferred by this Act with
respect to works.
      (2)
Section 28G(1) of that Act (general duty of statutory undertaker to take
reasonable steps, when exercising functions, to conserve and enhance the
special features of a site of special scientific interest) shall not apply in
15
relation to the exercise of any of the powers conferred by this Act with
respect to works.
      (3)
Section 28H of that Act (duties of statutory undertaker in relation to carrying
out operations likely to affect the special features of a site of special scientific
interest) shall not apply in relation to the carrying out of any operation for
20
the purposes of or in connection with the excercise of any of the powers
conferred by this Act with respect to works.
      (4)
Section 28I of that Act (duties of statutory undertaker in relation to
permitting the carrying out of operations likely to affect the special features
of a site of special scientific interest) shall not apply in relation to any
25
operation carried out for the purposes of or in connection with the exercise
of any of the powers conferred by this Act with respect to works.
Building regulations
9     (1)
Nothing in Part 1 of the Building Act 1984 (c. 55) with respect to building
regulations, and nothing in any building regulations, shall apply in relation
30
to a building held by the Secretary of State or the nominated undertaker and
used, or intended for use, by the nominated undertaker for the purposes of
its undertaking under this Act.
      (2)
Sub-paragraph (1) shall not apply in relation to a building which is a house
or a hotel or which is used as offices or showrooms and does not form part
35
of a railway station.
      (3)
Any building to which sub-paragraph (2) applies shall be disregarded for
the purposes of section 4(1)(b) of the Building Act 1984 (exception for certain
buildings belonging to statutory undertakers).
Deposits in the sea
40
10    (1)
Section 5 of the Food and Environment Protection Act 1985 (c. 48)
(requirement for licences for deposit of substances and articles in the sea etc.)
shall not apply to the deposit of substances and articles within the limits of
deviation for Work No. 1/4A, 1/4B, 1/6A, 1/6B, 1/29, 1/38A or 1/38B in
exercise of the powers conferred by this Act in relation to that work, or any
45
work in connection with it.

Crossrail Bill
Schedule 12 — Disapplication and modification of miscellaneous controls
187

      (2)
In the case of substances and articles which have been excavated or dredged,
sub-paragraph (1) shall only apply to deposit in the course of use as a
construction material.
London lorries: general
11    (1)
This paragraph applies where an application for the issue of a permit under
5
the London Lorry Ban Order is made under paragraph 12 or is otherwise
expressed to be made in connection with the carrying out of authorised
works.
      (2)
The application shall be granted if the issue of a permit is reasonably
required—
10
(a)
for the purpose of enabling authorised works to be carried out in a
timely and efficient manner, or
(b)
for the purpose of enabling authorised works to be carried out in
accordance with approved arrangements.
      (3)
If the application is granted, no condition may be imposed which is likely to
15
obstruct the carrying out of authorised works—
(a)
in a timely and efficient manner, or
(b)
in accordance with approved arrangements.
      (4)
If the applicant is aggrieved by a decision under sub-paragraph (2) or (3), he
may appeal to the Secretary of State by giving notice in writing of the appeal
20
to him, and to the authority whose decision is appealed against, within 28
days of notification of the decision.
      (5)
On an appeal under sub-paragraph (4), the Secretary of State may allow or
dismiss the appeal or vary the decision of the authority whose decision is
appealed against.
25
      (6)
If on an appeal under sub-paragraph (4) against a decision under sub-
paragraph (3) the Secretary of State varies the decision, the variation shall
have effect from and including the date on which the appeal was constituted
or such later date as the Secretary of State may specify.
      (7)
The applicant may not challenge a decision under sub-paragraph (3)
30
otherwise than by an appeal under sub-paragraph (4).
      (8)
In this paragraph—
“approved arrangements” means arrangements approved for the
purposes of—
(a)
paragraph 7 of Schedule 7, so far as relating to item 1 in the table
35
in that paragraph, or
(b)
paragraph 24 of that Schedule;
“authorised works” means works authorised by this Act;
“the London Lorry Ban Order” means the Greater London (Restriction
of Goods Vehicles) Traffic Order 1985.
40
London lorries: emergency permit
12    (1)
This paragraph applies where a person proposes to undertake a journey
before the end of the next complete eight working days, being a journey—
(a)
proposed to be undertaken in connection with the carrying out of
authorised works, and
45