Crossrail Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
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(3)
A request for a direction under subsection (1) may be made by the arbitrator or
any of the arbitrators (as well as by a party).
(4)
A direction under subsection (1) shall specify the terms on which the
proceedings are to be consolidated or on which concurrent hearings are to be
held.
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(5)
Where a direction under subsection (1) provides for the consolidation of
proceedings that do not all have the same arbitrator, the terms that may be
specified in the direction include (in particular)—
(a)
terms specifying the person who is to be the arbitrator in the
consolidated proceedings;
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(b)
terms under which that person is to be determined.
(6)
For the purposes of this section—
(a)
“section 39(3) proceedings” means proceedings on arbitration of a
difference referred under section 39(3), and
(b)
arbitral proceedings are “related” to section 39(3) proceedings if—
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(i)
the arbitral proceedings are not section 39(3) proceedings,
(ii)
at least one of the parties to the arbitral proceedings is also a
party to the section 39(3) proceedings, and
(iii)
the Secretary of State considers that the subject-matter of the
arbitral proceedings is connected with the subject-matter of the
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section 39(3) proceedings.
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Transfer of functions relating to works
(1)
If the Secretary of State acquires any land for the purposes of this Act from a
railway operator and there are situated on the land works authorised by
statute, he may by order provide for the transfer to himself, or to a person
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specified under section 46, of any statutory power or duty relating to the works
previously exercisable by the railway operator.
(2)
The Secretary of State may by order provide for the further transfer to himself,
or to a person specified under section 46, of a power or duty transferred under
subsection (1) or this subsection.
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(3)
If a railway operator acquires from the Secretary of State any land on which
there are situated works authorised by this Act, the Secretary of State may,
with the consent of the railway operator, by order provide for the transfer to
the railway operator of any duty under this Act relating to the works.
(4)
An order under this section may contain such supplementary, incidental,
35
consequential or transitional provision as the Secretary of State considers
necessary or expedient in connection with the order.
(5)
In subsections (1) and (3), references to a railway operator are to a person who
has the management for the time being of any network, station or light
maintenance depot.
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(6)
In this section, “light maintenance depot”, “network” and “station” have the
same meanings as in Part 1 of the Railways Act 1993 (c. 43).

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Application of section 122 of the Railways Act 1993
For the purposes of section 122 of the Railways Act 1993 (c. 43) (under which
availability of the defence of statutory authority depends on the operator of a
railway asset being the holder of a licence under section 8 of that Act or having
the benefit of a licence exemption) a person who has the benefit of exemption
5
under section 21(1) shall be treated as having the benefit of an exemption
granted under section 7 of that Act.
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Application of other railway legislation
Schedule 10 (application of railway legislation) has effect.
Miscellaneous and general
10
45
Transfer schemes
Schedule 11 (power of Secretary of State to make schemes to transfer property,
rights and liabilities from Cross London Rail Links Limited, the Greater
London Authority, the London Development Agency or Transport for
London, their wholly-owned subsidiaries, the Secretary of State or companies
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wholly owned by the Secretary of State) has effect.
46
Holder of functions of nominated undertaker
(1)
The Secretary of State may by order—
(a)
provide that a person specified in the order shall be the nominated
undertaker for such purposes of such provisions of this Act as may be
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so specified;
(b)
provide, in relation to any provision under paragraph (a), that the
provision shall cease to have effect in such circumstances as may be
specified in the order.
(2)
Where, in the case of any provision of this Act which refers to the nominated
25
undertaker, there is any purpose of the provision for which there is no one who
is the nominated undertaker under subsection (1), any reference in the
provision to the nominated undertaker shall be construed, in relation to that
purpose, as a reference to the Secretary of State.
(3)
The Secretary of State may fetter the exercise of his discretion under subsection
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(1) by agreement with—
(a)
the Mayor of London, or
(b)
a person who is, or is proposed to be, specified in an order under that
subsection.
(4)
Before exercising the power under subsection (1) or (3)(b), the Secretary of State
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shall consult the Mayor of London.
(5)
Subsection (4) does not apply to exercise of the power under subsection (1) in
accordance with an agreement under subsection (3).
(6)
The Secretary of State may by order make such modifications of any provision
of this Act referring to the Secretary of State, so far as applying for a purpose
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in relation to which subsection (2) has effect, as appear to him to be necessary

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or expedient in consequence of his having functions by virtue of that
subsection.
(7)
An order under this section may contain such supplementary, incidental,
consequential or transitional provision as the Secretary of State considers
necessary or expedient in connection with the order.
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(8)
The power to make an order under this section shall be exercisable by statutory
instrument.
(9)
A statutory instrument containing an order under subsection (6) shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.
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47
Disapplication and modification of miscellaneous controls
Schedule 12 (which makes provision for the disapplication and modification of
miscellaneous statutory and other controls in relation to things done under this
Act and otherwise for the purposes of this Act) has effect.
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Burial grounds
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(1)
Nothing in any enactment relating to burial grounds and no obligation or
restriction imposed under ecclesiastical law or otherwise shall have effect to
prohibit, restrict or impose any condition on the use of any land comprised in
a burial ground for the purpose of constructing any of the works authorised by
this Act.
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(2)
Subsection (1) shall not apply in relation to land in which human remains are
interred unless—
(a)
the remains have been removed and reinterred or cremated in
accordance with the provisions of Schedule 13, and
(b)
any monument to the deceased has been dealt with in accordance with
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those provisions.
(3)
Subsection (2) shall not apply where the use of the land for the purpose
mentioned in subsection (1) does not involve disturbing the human remains
which are interred in it.
(4)
In this section (and Schedule 13)—
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(a)
“enactment” includes an enactment in any local or private Act of
Parliament, and an order, rule, regulation, byelaw or scheme made
under an Act of Parliament;
(b)
“monument” includes a tombstone or other memorial;
(c)
references to a monument to any person are to a monument
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commemorating that person, whether or not also commemorating any
other person.
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Application of landlord and tenant law
(1)
No enactment or rule of law regulating the rights and obligations of landlords
and tenants shall apply, in relation to the rights and obligations of the parties
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to a lease granted by the Secretary of State in pursuance of a development
agreement—

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(a)
so as to exclude or in any respect modify any of the rights and
obligations of those parties under the terms of the lease, whether with
respect to the termination of the tenancy or any other matter,
(b)
so as to confer or impose on either party any right or obligation arising
out of or connected with anything done or omitted on or in relation to
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land which is the subject of the lease, in addition to any such right or
obligation provided for by the terms of the lease, or
(c)
so as to restrict the enforcement (whether by action for damages or
otherwise) by either party to the lease of any obligation of the other
party under the lease.
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(2)
In subsection (1), references to a lease granted by the Secretary of State in
pursuance of a development agreement include any provisions of a
development agreement providing for the grant of a lease of any land by the
Secretary of State.
(3)
In this section, “development agreement” means an agreement to which the
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Secretary of State is a party and under which another party has responsibilities
in relation to the design, construction, financing or maintenance of Crossrail.
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Compensation for injurious affection
Section 10(1) of the Compulsory Purchase Act 1965 (c. 56) (compensation for
injurious affection) shall have effect, in relation to land injuriously affected by
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the execution of works under this Act, with the substitution for “acquiring
authority have” of “nominated undertaker has”.
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Application of Act to extensions
(1)
An order under section 1 of the Transport and Works Act 1992 (c. 42) (orders
as to railways etc.) which relates to a proposed extension of Crossrail may—
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(a)
apply any provision of this Act, with any modifications, in relation to
anything authorised by the order, so far as relating to the extension;
(b)
provide for any provision of this Act to have effect as if Crossrail
included the extension.
(2)
The following provisions are excepted from the power conferred by subsection
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(1)(a)—
section 6(7) and (8),
paragraphs 18 and 19 of Schedule 6,
Schedule 8, and
Schedule 9.
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Protection of interests
Schedule 14 has effect for protecting the interests of the bodies and persons
specified in that Schedule (being bodies and persons who may be affected by
other provisions of this Act).
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Power to devolve functions of Secretary of State
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(1)
The Secretary of State may by order provide for a reference in a qualifying
provision of this Act to the Secretary of State to have effect as a reference—
(a)
to the Greater London Authority,

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(b)
to Transport for London, or
(c)
to the Greater London Authority and Transport for London.
(2)
The Secretary of State may fetter the exercise of his discretion under subsection
(1) by agreement with the Mayor of London or Transport for London.
(3)
An order under subsection (1) may—
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(a)
make provision applying for all purposes or for one or more particular
purposes;
(b)
contain such supplementary, incidental, consequential or transitional
provision as the Secretary of State considers necessary or expedient in
connection with the order.
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(4)
The provision which may be made by virtue of subsection (3)(b) includes
provision modifying any provision of this Act.
(5)
The power to make an order under subsection (1) shall be exercisable by
statutory instrument.
(6)
A statutory instrument containing an order under subsection (1) shall be laid
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before Parliament after being made.
(7)
The following provisions of this Act are qualifying provisions for the purposes
of subsection (1)—
sections 6(1), 7(1) and (2), 8(1), (3) and (4), 9(1), 24(6), 42(1) to (4), 46(1) to
(4) and (7), 49 and 54(1) and (4);
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paragraphs 1(2)(d) and 3(1), (4) and (5) of Schedule 3;
paragraphs 13(1), 14(2), (4) and (5), 16 and 18(2) to (4) of Schedule 6;
paragraphs 4(1), 7(3), 9(1), 13(2) and 17(2) of Schedule 12;
paragraphs 1(1), 3(2) to (4), 4(1), 6(1) and 7(1) and (3) of Part 2 of Schedule
14;
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paragraphs 1(1) and 2 of Part 5 of Schedule 14.
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Correction of deposited plans
(1)
If the deposited plans or the book of reference to those plans are inaccurate in
their description of any land, or in their statement or description of the
ownership or occupation of any land, the Secretary of State, after giving not
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less than 10 days’ notice to the owners and occupiers of the land in question,
may apply to two justices having jurisdiction in the place where the land is
situated for the correction of the plans or book of reference.
(2)
If on such application it appears to the justices that the misstatement or wrong
description arose from mistake or inadvertence, the justices shall certify
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accordingly and shall in their certificate state in what respect a matter is
misstated or wrongly described.
(3)
A certificate under subsection (2) shall be deposited in the office of the Clerk of
the Parliaments and a copy of it shall be deposited—
(a)
in the Private Bill Office of the House of Commons, and
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(b)
with the proper officer of each local authority in whose area the land to
which the certificate relates is situated.
(4)
Upon deposit of a certificate in accordance with subsection (3), the deposited
plans or the book of reference shall be deemed to be corrected according to the
certificate and it shall be lawful for the Secretary of State, in accordance with
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the certificate, to proceed under this Act as if the deposited plans or book of
reference had always been in the corrected form.
(5)
A copy certificate deposited under subsection (3) shall be kept with the
documents to which it relates.
(6)
A justice of the peace may act under this section in relation to land which is
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partly in one area and partly in another if he may act in respect of land in either
area.
(7)
In this section—
“book of reference” means the book deposited in connection with the
Crossrail Bill in the office of the Clerk of the Parliaments and the Private
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Bill Office of the House of Commons in February 2005;
“local authority” means—
(a)
in relation to land situated in the area of a unitary authority, that
authority, and
(b)
in relation to land not situated in the area of a unitary authority,
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the county council for the area.
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Service of documents
(1)
Any document required or authorised to be served on any person under this
Act may be served—
(a)
by delivering it to him or by leaving it at his proper address or by
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sending it by post to him at that address,
(b)
if the person is a body corporate, by serving it in accordance with
paragraph (a) on the secretary of that body, or
(c)
if the person is a partnership, by serving it in accordance with
paragraph (a) on a partner or a person having control or management
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of the partnership business.
(2)
For the purposes of this section and section 7 of the Interpretation Act 1978
(c. 30) (which relates to the service of documents by post) in its application to
this section, the proper address of any person on whom a document is to be
served shall be his last known address, except that—
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(a)
in the case of service on a body corporate or its secretary, it shall be the
address of the registered or principal office of the body;
(b)
in the case of service on a partnership or a partner or a person having
control or management of a partnership business, it shall be the address
of the principal office of the partnership.
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(3)
For the purposes of subsection (2), the principal office of a company registered
outside the United Kingdom, or of a partnership carrying on business outside
the United Kingdom, is its principal office within the United Kingdom.
(4)
If a person to be served under this Act with any document by another has
specified to that other an address within the United Kingdom other than his
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proper address (as determined under subsection (2)) as the one at which he, or
someone on his behalf, will accept documents of the same description as that
document, that address shall also be treated as his proper address for the
purposes of this section and for the purposes of section 7 of the Interpretation
Act 1978 in its application to this section.
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(5)
Where a document is required or authorised to be served under this Act on a
person in his capacity as the owner of an interest in, or occupier of, any land

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and his name or address cannot be ascertained after reasonable enquiry, the
document may be served by addressing it to him by name or by the description
of “owner” or “occupier”, as the case may be, of the land and—
(a)
leaving it with a person who is, or appears to be, resident or employed
on the land, or
5
(b)
leaving it conspicuously affixed to some building or object on or near
the land.
(6)
In this section, “secretary”, in relation to a local authority within the meaning
of the Local Government Act 1972 (c. 70), means the proper officer within the
meaning of that Act.
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Arbitration
(1)
Where under this Act any difference is to be referred to arbitration, the
difference shall be referred to, and settled by, a single arbitrator to be agreed
between the parties or, in default of agreement, to be appointed on the
application of either party, after notice in writing to the other, by the President
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of the Institution of Civil Engineers.
(2)
Subsection (3) applies where—
(a)
a party has under subsection (1) applied for the arbitrator to be
appointed by the President of the Institution of Civil Engineers, and
(b)
the President notifies either of the parties that he is not going to appoint
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an arbitrator under subsection (1).
(3)
In default of agreement between the parties as to who in the circumstances
should be the arbitrator, the arbitrator is to be appointed on the application of
either party, after notice in writing to the other, by the Office of Rail Regulation.
(4)
The Office of Rail Regulation may under subsection (3) appoint as the
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arbitrator a member or employee of that Office.
(5)
The Secretary of State for Environment, Food and Rural Affairs and the
Secretary of State for Transport acting jointly may by rules made by statutory
instrument make provision about procedure in relation to arbitration under
this Act.
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Interpretation
(1)
In this Act—
“bridleway”, “carriageway”, “footpath”, “footway”, highway”, “highway
authority” and “local highway authority” have the same meanings as in
the Highways Act 1980 (c. 66);
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“burial ground” means a churchyard, cemetery or other ground, whether
consecrated or not, which has at any time been set apart for the
purposes of interment;
“deposited plans” and “deposited sections” mean, respectively, the plans
and sections deposited in February 2005 in connection with the
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Crossrail Bill in the office of the Clerk of the Parliaments and the Private
Bill Office of the House of Commons;
“limits of deviation” means the limits of deviation which are shown on the
deposited plans;
“limits of land to be acquired or used” means the limits of land to be
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acquired or used which are shown on the deposited plans;