Crossrail Bill

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Session 2004 - 05
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Crossrail Bill

Crossrail Bill

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Transport, are

published separately as Bill 62—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Darling has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Crossrail Bill are compatible with the Convention

rights.

Bill 62

53/4

Crossrail Bill

Bill 62 53/4

Contents

Works

1

Construction and maintenance of scheduled works

2

Works: further and supplementary provisions

3

Highways

4

Overhead lines

Land

5

Temporary possession and use

6

Acquisition of land within limits shown on deposited plans

7

Acquisition of land not subject to the power under section 6 (1)

8

Extinguishment of private rights of way

9

Extinguishment of rights of statutory undertakers etc.

Planning

10

Planning: general

11

Permitted development: time limit

12

Fees for planning applications

13

Power to disapply section 10 (1)

14

EIA regulations: replacement development

Heritage

15

Disapplication and modification of controls

16

Rights of entry

Trees

17

Power to deal with trees on neighbouring land

18

Disapplication of controls

Noise

19

Control of construction sites: appeals

20

Proceedings in respect of statutory nuisance: defence

Bill 62

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Crossrail Bill

iv

Railway matters

21

Licensing

22

Overriding duty of Office of Rail Regulation before Crossrail operational

23

Directions specifying matters for purposes of section 22

24

Other duties of Office of Rail Regulation as to exercise of functions

25

Amending pre-commencement access contracts: construction of Crossrail

26

Amending pre-commencement access contracts: principal Crossrail services

27

Terms of, and amending other contracts because of, Crossrail access contracts

28

Post-commencement access contracts: effects of construction of Crossrail

29

Crossrail access contracts: disapplying requirements for approval

30

Crossrail-related access contracts: modified requirements for approval

31

Power of Secretary of State to require entry into access contract

32

Amending existing access contracts: effects of contracts under section 31

33

Effect on franchise agreements of directions under section 27 or 32

34

Award of Crossrail franchises to public-sector operators

35

Disapplication of franchising and access exemptions

36

Closures

37

Key system assets

38

Power to designate persons as “protected railway companies”

39

Duty to co-operate

40

Arbitration after referral under section 39 (3)

41

Arbitration under section 39 (3): multiple proceedings

42

Transfer of functions relating to works

43

Application of section 122 of the Railways Act 1993

44

Application of other railway legislation

Miscellaneous and general

45

Transfer schemes

46

Holder of functions of nominated undertaker

47

Disapplication and modification of miscellaneous controls

48

Burial grounds

49

Application of landlord and tenant law

50

Compensation for injurious affection

51

Application of Act to extensions

52

Protection of interests

53

Power to devolve functions of Secretary of State

54

Correction of deposited plans

55

Service of documents

56

Arbitration

57

Interpretation

58

Financial provisions

59

Short title

Schedule 1   —

Scheduled works

Schedule 2   —

Works: further and supplementary provisions

Schedule 3   —

Highways

Schedule 4   —

Overhead lines: consent

Schedule 5   —

Temporary possession and use of land

Schedule 6   —

Acquisition of land shown within limits on deposited plans

Crossrail Bill

v

Part 1   —

Purposes for which certain land may be acquired

Part 2   —

Application of legislation relating to compulsory purchase

Part 3   —

Supplementary provisions

Schedule 7   —

Planning conditions

Part 1   —

Qualifying authorities

Part 2   —

Development in the area of a unitary authority

Part 3   —

Development not in the area of a unitary authority

Part 4   —

Supplementary

Schedule 8   —

Heritage: disapplication and modification of controls

Schedule 9   —

Heritage: rights of entry

Schedule 10   —

Application of other railway legislation

Schedule 11   —

Transfer schemes

Part 1   —

Transfers from Cross London Rail Links Limited and its

subsidiaries

Part 2   —

Transfers from the Greater London Authority, Transport for

London, the London Development Agency and their

subsidiaries

Part 3   —

Transfers from Secretary of State and companies owned by

Secretary of State

Part 4   —

General provisions about transfer schemes

Part 5   —

Interpretation

Schedule 12   —

Disapplication and modification of miscellaneous controls

Schedule 13   —

Burial grounds: removal of human remains and monuments

Schedule 14   —

Protective provisions

Part 1   —

Protection for highways and traffic

Part 2   —

Protection for electricity, gas, water and sewerage undertakers

Part 3   —

Protection of land drainage, flood defence, water resources

and fisheries

Part 4   —

Protection of electronic communications code networks

Part 5   —

Protection of British Waterways Board

Part 6   —

Protection of Port of London Authority

© Parliamentary copyright 2005
Revised 22 February 2005