Crossrail Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 2 — Works: further and supplementary provisions
55

      (7)
For the purpose of deciding how to exercise its powers under this
paragraph, the nominated undertaker may at any reasonable time enter and
survey—
(a)
any building within the relevant distance of any of the works
authorised by this Act, or
5
(b)
any land adjacent to such a building (but not any building on any
such land).
      (8)
Section 6 of the Acquisition of Land Act 1981 (c. 67) (service of documents)
shall apply to the service of notices under this paragraph with, in subsection
(4), the substitution for the words from “authority” to “document is to be
10
served” of “nominated undertaker”.
      (9)
In this paragraph—
“building” includes any structure and, in the case of a work under the
surface of the ground, reference to a building within the relevant
distance of that work includes a reference to any building within the
15
relevant distance of any point on the surface below which the work
is situated,
“notice” means notice in writing, and
“relevant distance”, in relation to any work, means—
(a)
where the work relates to an underground railway, 50 metres,
20
and
(b)
where it does not, 35 metres.
6     (1)
This paragraph applies where it is necessary or expedient in consequence of
or in connection with the construction of any of the works authorised by this
Act further to underpin or strengthen a building which has been
25
underpinned or strengthened under paragraph 5.
      (2)
The nominated undertaker may, at any time within the permitted period,
further underpin or strengthen the building on giving at least 28 days’ notice
to the owners and occupiers of the building of its intention to do so.
      (3)
If, within 21 days of the giving of a notice under sub-paragraph (2), the
30
person to whom the notice has been given gives to the nominated
undertaker notice disputing that this paragraph applies, the question of its
application shall be referred to arbitration.
      (4)
If, under sub-paragraph (3), the arbitrator decides that this paragraph does
apply, he shall, if one of the parties to the dispute so requires, prescribe how
35
the underpinning or strengthening is to be carried out.
      (5)
Where the underpinning or strengthening of a building under this
paragraph cannot be carried out reasonably conveniently without entering
land adjacent to the building, the nominated undertaker may, on giving at
least 14 days’ notice to the owners and occupiers of the adjacent land, enter
40
the land (but not any building on it) and carry out the work.
      (6)
In case of emergency, the power conferred by sub-paragraph (2) or (5) shall
be exercisable without notice.
      (7)
For the purpose of deciding how to exercise its powers under this
paragraph, the nominated undertaker may at any reasonable time enter and
45
survey—
(a)
any building which has been underpinned or strengthened under
paragraph 5, or

Crossrail Bill
Schedule 2 — Works: further and supplementary provisions
56

(b)
any land adjacent to such a building (but not any building on any
such land).
      (8)
Section 6 of the Acquisition of Land Act 1981 (c. 67) (service of documents)
shall apply to the service of notices under this paragraph with, in subsection
(4), the substitution for the words from “authority” to “document is to be
5
served” of “nominated undertaker”.
      (9)
In sub-paragraph (2), the reference to the permitted period is to the period
beginning with the completion of the underpinning or strengthening under
paragraph 5 and ending 5 years after the date on which the work which
necessitated the underpinning or strengthening was brought into general
10
use.
     (10)
In this paragraph, “notice” means notice in writing.
7     (1)
Where the nominated undertaker exercises any power under paragraph 5 or
6, it shall compensate the owners and occupiers of the building or land in
relation to which the power is exercised for any loss which they may suffer
15
by reason of the exercise of the power.
      (2)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (1), or as to the amount of the compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
20
      (3)
Nothing in this paragraph shall affect liability to pay compensation under
section 6 of the Railways Clauses Consolidation Act 1845 (c. 20), as
incorporated with this Act, or 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
25
payable under sub-paragraph (1).
Discharge of water
8     (1)
The nominated undertaker may use any watercourse or any public sewer or
drain for the drainage of water in connection with the construction or
maintenance of the works authorised by this Act and for that purpose may
30
lay down, take up and alter pipes and may, on any land within the limits of
deviation for the scheduled works or within the limits of land to be acquired
or used, make connections with the watercourse, sewer or drain.
      (2)
The nominated undertaker shall not discharge any water into any public
sewer or drain except with the consent of the person to whom it belongs; and
35
such consent may be given subject to such terms and conditions as that
person may reasonably impose but shall not be unreasonably withheld.
      (3)
The nominated undertaker shall not make any opening into any public
sewer or drain except in accordance with plans approved by, and under the
superintendence (if provided) of, the person to whom the sewer or drain
40
belongs, but such approval shall not be unreasonably withheld.
      (4)
The nominated undertaker shall not, in the exercise of the powers conferred
by this paragraph, damage or interfere with the beds or banks of any
watercourse forming part of a main river.
      (5)
The nominated undertaker shall take such steps as are reasonably
45
practicable to secure that any water discharged into a watercourse or public

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Schedule 2 — Works: further and supplementary provisions
57

sewer or drain under the powers conferred by this paragraph is as free as
may be practicable from gravel, soil or other solid substance or oil or matter
in suspension.
      (6)
This paragraph does not authorise the doing of anything prohibited by
section 85(1), (2) or (3) of the Water Resources Act 1991 (c. 57) (offences of
5
polluting controlled waters).
      (7)
Any dispute as to the giving of consent under this paragraph shall, if the
parties agree, be referred to arbitration, but shall otherwise be determined
by the Secretary of State.
      (8)
In this paragraph—
10
(a)
“public sewer or drain” means a sewer or drain which belongs to a
sewerage undertaker, the Environment Agency, an internal drainage
board, a local authority, an urban development corporation or a
harbour authority within the meaning of the Harbours Act 1964
(c. 40),
15
(b)
“watercourse” includes rivers, streams, ditches, drains, cuts,
culverts, dykes, sluices, sewers and passages through which water
flows, except a public sewer or drain, and
(c)
other expressions used both in this paragraph and in the Water
Resources Act 1991 have the same meanings as in that Act.
20
Entry for preparatory purposes
9     (1)
The nominated undertaker may, for the purposes of this Act—
(a)
survey or investigate any land within the limits of deviation for the
scheduled works or within the limits of land to be acquired or used
or which may be affected by the works authorised by this Act,
25
(b)
without prejudice to the generality of paragraph (a), make trial holes
in such positions as it thinks fit on any such land to investigate the
nature of the surface layer and subsoil and remove soil samples,
(c)
without prejudice to the generality of paragraph (a), carry out
archaeological investigations on any such land,
30
(d)
take steps to protect or remove any flora or fauna on any such land
which may be affected by the carrying out of the works authorised
by this Act,
(e)
place on, leave on and remove from any such land apparatus for use
in connection with the exercise of any of the powers conferred by
35
paragraphs (a) to (d), and
(f)
enter on any such land for the purpose of exercising any of the
powers conferred by paragraphs (a) to (e).
      (2)
No land may be entered, or equipment placed or left on or removed from
land, under sub-paragraph (1) unless at least 7 days’ notice has been served
40
on every owner and occupier of the land.
      (3)
The power conferred by paragraph (f) of sub-paragraph (1) includes power
to enter with such vehicles and equipment as are necessary for the purpose
of exercising any of the other powers conferred by that sub-paragraph.
      (4)
Any person exercising the power conferred by sub-paragraph (1)(f) on
45
behalf of the nominated undertaker shall, if requested to do so, produce
written evidence of his authority.

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Schedule 2 — Works: further and supplementary provisions
58

      (5)
This paragraph shall not authorise the making of trial holes in a carriageway
or footway without the consent of the highway authority, but such consent
shall not be unreasonably withheld.
      (6)
Any dispute as to the giving of consent under sub-paragraph (5) shall, if the
parties agree, be referred to arbitration, but shall otherwise be determined
5
by the Secretary of State.
      (7)
The nominated undertaker shall compensate the owners and occupiers of
land in respect of which the powers conferred by this paragraph are
exercised for any loss which they may suffer by reason of the exercise of
those powers.
10
      (8)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (7) , or as to the amount of the compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
Temporary interference with waterways
15
10    (1)
The powers conferred by this paragraph shall be exercisable in relation to
the following waterways for the purposes of or in connection with the
exercise of the powers conferred by this Act with respect to works—
the River Thames,
the River Lea,
20
West India Dock North and South,
Poplar Cut,
the Grand Union Canal,
the Regent’s Canal,
Bellmouth Passage,
25
City Mill River, and
Frays River.
      (2)
The nominated undertaker may—
(a)
temporarily interfere with a waterway mentioned in sub-paragraph
(1) at any point within the limits of deviation for the scheduled works
30
or within the limits of land to be acquired or used, by constructing or
maintaining such temporary works, or by carrying out such
dredging works, as it considers necessary or expedient,
(b)
temporarily moor or anchor barges or other vessels or craft in a
waterway mentioned in sub-paragraph (1), or
35
(c)
temporarily close a waterway mentioned in sub-paragraph (1), or a
part of such a waterway, to navigation.
      (3)
The power conferred by sub-paragraph (2)(c) shall be exercised in a way
which secures—
(a)
that no more of the waterway is closed to navigation at any time than
40
is necessary in the circumstances, and
(b)
that, if complete closure of the waterway to navigation becomes
necessary, all reasonable steps are taken to secure that the minimum
obstruction, delay or interference is caused to vessels or craft which
may be using or intending to use it.
45
      (4)
The nominated undertaker shall not be liable for any loss suffered, or costs
or expenses incurred, by any person as a direct or indirect result of any

Crossrail Bill
Schedule 3 — Highways
59

interference in accordance with this paragraph with a public right of
navigation.
      (5)
The nominated undertaker shall compensate any person who suffers loss as
a result of any interference in accordance with this paragraph with a private
right of navigation.
5
      (6)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (5) , or as to the amount of the compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
Schedule 3
10
Section 3

Highways
Stopping-up
1     (1)
The nominated undertaker may, in connection with the construction of the
works authorised by this Act, stop up each of the highways or parts of
highways specified in the following table.
15
      (2)
No highway or part of a highway specified in columns (1) and (2) of Part 1
of the following table shall be stopped up under this paragraph unless all the
land which abuts on it falls within one or more of the following categories,
namely—
(a)
land to which there is no right of access directly from the highway or
20
part to be stopped up,
(b)
land to which there is reasonably convenient access otherwise than
directly from the highway or part to be stopped up,
(c)
land the owners and occupiers of which have agreed to the stopping
up of the highway or part, and
25
(d)
land which is in the possession of the Secretary of State.
      (3)
No highway or part of a highway specified in columns (1) and (2) of Part 2
of the following table shall be stopped up under this paragraph if a new
highway is specified in relation to it in column (3) of that Part of the table, by
reference to the letters and numbers shown on the deposited plans or by
30
reference to scheduled works, until—
(a)
where the new highway is provided in exercise of the powers
conferred by this Act, the later of the date of practical completion and
the date on which it is first open for public use, and
(b)
where it is not, the date on which it is first open for public use.
35
      (4)
Where a new highway specified in column (3) of Part 2 of the following table
is provided in exercise of the powers conferred by this Act, the date of
practical completion of the highway, or the date on which it is first open for
public use, shall be taken for the purposes of sub-paragraph (3) to be what it
is taken to be for the purposes of paragraph 11(2).
40

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Schedule 3 — Highways
60

Part 1

(1)
(2)

Area
Highway or part to be stopped up

City of Westminster
North-eastern side of Eastbourne

Terrace within extent of narrowing

5

shown on the deposited plans

Falconberg Court

London Borough of Camden
Andrew Borde Street

London Borough of Islington
Cowcross Street between points P1

and P2

10

City of London
Hayne Street between points P3

and P4

Fore Street Avenue between points

P1 and P2

Moorfields between points P2 and

15

P3

London Borough of Tower
Garden Street between points P5

Hamlets
and P6

London Borough of Greenwich
Bostall Manorway between points

P3 and P4

20

Abbey Terrace between points P5

and P6

London Borough of Havering
Footpath (FP 123) between

Beechfield Gardens and Nursery

Walk

25
Part 2

(1)
(2)
(3)

Area
Highway or part to be
New highway to be

stopped up
substituted for it

City of Westminster
Footpath between
New footpath between

30

Alfred Road and
points P1, P3 and P4

Westbourne Park

Passage between

points P1 and P2

London Borough of
Footpath between
New footpath between

35

Tower Hamlets
Stepney Way and
points P1, P4, P5 and

Stepney Green
P6

between points P1, P2

and P3 and between

points P2 and P4

40

Crossrail Bill
Schedule 3 — Highways
61

(1)
(2)
(3)

Area
Highway or part to be
New highway to be

stopped up
substituted for it

London Borough of
Footpaths between the
New footpath through

Newham
Excel Centre and
intended station, part

5

Victoria Dock Road
of Work No. 1/5

between points P1, P2,
between points P10

P3, P4, P5, P6, P7, P8
and P11

and P9 and between

points P6 and P11

10

Footpath between
Work No. 1/32D

Albert Road and

Factory Road between

points P1 and P2

Barbers Road between
Works Nos. 2/6A,

15

points P1 and P2
2/6B and 2/7

Pudding Mill Lane
Works Nos. 2/6A,

between points P3 and
2/6B and 2/7

P4

Marshgate Lane
Works Nos. 2/6A and

20

within the relevant
2/6B

limits

Footpath (Greenway)
New footpath between

between points P6, P7,
points P5, P14 and P13

P8, P9, P10, P11, P12

25

and P13 and between

points P9 and P11

London Borough of
Footpath on eastern
Work No. 1/34

Greenwich
side of Church Manor

Way between points

30

P1 and P2

Footpath between
Work No. 1/36

Mottisfont Road and

Bostall Manor Way

between points P1 and

35

P2

London Boroughs of
Footpaths over Abbey
New footpath through

Greenwich and Bexley
Wood Station between
intended station, part

points P7, P8, P9, P10
of Work No. 1/7

and P11 and between

40

points P11 and P12

Felixstowe Road
Work No. 1/37B

within the relevant

limits

London Borough of
Gayton Road
Work No. 1/37C

45

Bexley

London Borough of
Footpath on eastern
New footpath between

Barking & Dagenham
side of Whalebone
points P1, P2 and P3

Lane South between

points P1 and P3

50