Crossrail Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 1 — Purposes for which certain land may be acquired
104

(1)
(2)
(3)

Area
Number of land shown on
Purpose for which land may

deposited plans
be acquired or used

90 and 95
The provision of a

working site.

5

138 and 141
The provision of a

working site.

143, 145, 149, 154, 156 and
The provision of a

159
working site.

10

161, 163, 165, 166, 170 and
The provision of a

171
working site.

216
The provision of a

working site.

225, 226, 230, 237, 240 to
The provision of access

15

242, 244 and 245
and a working site.

251, 252 and 259
The provision of a

working site and the

diversion of high

pressure gas and oil

20

pipelines and other

public utilities’

apparatus.

London Borough of
2
The provision of access

Hillingdon

for construction.

25

26
The provision of a

working site and access

for construction and

maintenance.

88
The diversion of public

30

utilities’ apparatus.

101
The diversion of public

utilities’ apparatus.

3 to 6, 11, 13, 14, 102, 103,
The provision and

119, 121, 124, 125 and 252
renewal of railways

35

to 259
systems for operational

purposes.

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 1 — Purposes for which certain land may be acquired
105

(1)
(2)
(3)

Area
Number of land shown on
Purpose for which land may

deposited plans
be acquired or used

104 and 105
The provision and

renewal of railway

5

systems for operational

purposes and the

provision of

environmental

mitigation.

10

127, 130 to 132, 134 and
The provision of a

135
working site, access for

construction and

maintenance and the

provision of

15

environmental

mitigation.

118, 120, 122, 123, 126 and
The provision of a

136
working site and access

for construction.

20

137
The provision of access

for construction.

146, 154, 157, 165, 168, 169
The provision of a

and 173
working site, access for

construction and the

25

diversion of public

utilities’ apparatus.

155, 159, 161, 162, 163,
The provision of a

166, 174, 175, 176, 181, 182
working site and the

and 188
provision of

30

environmental

mitigation.

190 and 192
The provision of a

working site.

200, 213 and 245
The provision of a

35

working site.

326 to 330
The provision of access

and the provision of

railway systems for

operational purposes.

40

London Borough of Ealing
1 to 8, 10 to 26, 27, 30 to
The provision and

32, 34, 36 to 57, 59 to 61,
renewal of railway

63, 67, 69, 71, 72, 84 to 86,
systems and station

94 to 110, 112 to 124, 126
facilities for operational

to 143 and 188 to 200
purposes.

45

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 2 — Application of legislation relating to compulsory purchase
106

(1)
(2)
(3)

Area
Number of land shown on
Purpose for which land may

deposited plans
be acquired or used

28, 29 and 33
The provision of a

working site and access

5

for construction.

35
The provision of a

working site.

58
The provision of a

working site and access

10

for construction.

64, 65, 66 and 68
The provision of a

working site and access

for construction.

70
The provision of a

15

working site.

94 to 110
The provision and

renewal of railway

systems for operational

purposes.

20

145 and 146
The provision of a

working site and access

for construction.

154 and 156
The provision of a

working site and the

25

diversion of public

utilities’ apparatus.

Part 2
Application of legislation relating to compulsory purchase
Lands Clauses Consolidation Act 1845
30
1
The Lands Clauses Consolidation Act 1845 (c. 18) shall not apply to the
acquisition of land under section 6(1) above.
Compulsory Purchase Act 1965
2
Part 1 of the Compulsory Purchase Act 1965 (c. 56), so far as not inconsistent
with this Act, shall apply to an acquisition of land under section 6(1) as it
35
applies to a compulsory purchase to which Schedule 1 to the Acquisition of
Land Act 1981 (c. 67) applies and as if this Act were a compulsory purchase
order under that Act.
3     (1)
In its application by virtue of paragraph 2, the Compulsory Purchase Act
1965 shall have effect with the following modifications.
40

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 2 — Application of legislation relating to compulsory purchase
107

      (2)
Section 4 (time for exercise of powers of compulsory purchase) shall be
omitted.
      (3)
Section 11(1) (power to enter on and take possession of land the subject of a
notice to treat after giving not less than 14 days’ notice) shall have effect—
(a)
in a case where the notice to treat relates only to the acquisition of
5
subsoil or under-surface of land or an easement or other right over
land, with the substitution for “fourteen days” of “one month’s”, and
(b)
in any other case, with the substitution for “fourteen days” of “three
months’”.
      (4)
In section 22(2) (expiry of time limit for exercise of power of compulsory
10
acquisition not to affect acquisition of interests omitted from purchase), for
“section 4 of this Act” there shall be substituted “section 6(6) of the Crossrail
Act 2005”.
      (5)
In Schedule 3 (alternative procedures for obtaining right of entry),
paragraph 3(3) (requirement as to sureties in relation to bond for
15
compensation) shall be omitted.
Compulsory Purchase (Vesting Declarations) Act 1981
4
The Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) shall
apply as if this Act were a compulsory purchase order.
5     (1)
In its application by virtue of paragraph 4, the Compulsory Purchase
20
(Vesting Declarations) Act 1981 shall have effect with the following
modifications.
      (2)
In section 3 (preliminary notices) for subsection (1) there shall be
substituted—
“(1)
Before making a declaration under section 4 below with respect to
25
any land which is subject to a compulsory purchase order the
acquiring authority shall include the particulars specified in
subsection (3) below in a notice which is—
(a)
given to every person with a relevant interest in the land with
respect to which the declaration is to be made (other than a
30
mortgagee who is not in possession), and
(b)
published in the London Gazette.”
      (3)
In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”.
      (4)
In that section, subsections (5) and (6) shall be omitted and at the end there
shall be inserted—
35
“(7)
For the purposes of this section, a person has a relevant interest in
land if—
(a)
he is for the time being entitled to dispose of the fee simple of
the land, whether in possession or reversion, or
(b)
he holds, or is entitled to the rents and profits of, the land
40
under a lease or agreement, the unexpired term of which
exceeds one month.”
      (5)
In section 5 (earliest date for execution of declaration)—
(a)
in subsection (1), after “publication” there shall be inserted “in the
London Gazette”, and
45

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
108

(b)
subsection (2) shall be omitted.
      (6)
References to the Compulsory Purchase Act 1965 (c. 56) shall be construed
as references to that Act as applied to the acquisition of land under section
6(1).
Part 3
5
Supplementary provisions
Acquisition of new rights
6     (1)
The power conferred by section 6(1) shall include power to create and
acquire such easements or other rights over land to which the power relates
as may be required for or in connection with the works authorised by this
10
Act or otherwise for or in connection with Crossrail.
      (2)
Part 1 of the Compulsory Purchase Act 1965, as applied to the acquisition of
land under section 6(1), and the enactments relating to compensation for the
compulsory purchase of land, shall apply to a compulsory acqusition by
virtue of sub-paragraph (1)—
15
(a)
with the modifications specified in paragraph 7, and
(b)
with such other modifications as may be necessary.
7     (1)
The modifications referred to in paragraph 6(2)(a) are as follows.
      (2)
For section 7 of the Compulsory Purchase Act 1965 there shall be
substituted—
20
“7
Measure of compensation in case of purchase of new right
In assessing the compensation to be paid by the acquiring authority
under this Act, regard shall be had, not only to the extent (if any) to
which the value of the land over which the right is purchased is
depreciated by the acquisition of the right, but also to the damage (if
25
any) to be sustained by the owner of the land by reason of its
severance from other land of his, or injuriously affecting that other
land by the exercise of the powers conferred by this or the special
Act.”
      (3)
In section 8 of that Act (provisions as to divided land) for subsection (1) there
30
shall be substituted—
“(1)
This subsection applies where—
(a)
a notice to treat in respect of a right over land consisting of a
house, building or manufactory or of a park or garden
belonging to a house (“the relevant land”) has been served on
35
a person under section 5 of this Act,
(b)
in consequence of the service of the notice, a question of
disputed compensation in respect of the purchase of the right
would, apart from this section, fall to be determined by the
Lands Tribunal, and
40
(c)
before the Lands Tribunal have determined that question, the
person on whom the notice has been served satisfies them
that the relevant conditions are met.
(1A)
The relevant conditions are—

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
109

(a)
that he has an interest which he is able and willing to sell in
the whole of the relevant land;
(b)
where the relevant land consists of a house, building or
manufactory, that it cannot be made subject to the right
without material detriment to it; and
5
(c)
where the relevant land consists of a park or garden
belonging to a house, that it cannot be made subject to the
right without seriously affecting the amenity or convenience
of the house.
(1B)
Where subsection (1) above applies—
10
(a)
the compulsory purchase order shall, in relation to the person
on whom the notice to treat has been served—
(i)
cease to authorise the purchase of the right to which
the notice relates, and
(ii)
be deemed to authorise the purchase of that person’s
15
interest in the whole of the relevant land including,
where the land consists of a park or garden belonging
to a house, the house, and
(b)
the notice to treat shall be deemed to have been served in
respect of that interest on such date as the Lands Tribunal
20
direct.
(1C)
Any question as to the extent of the land in which the compulsory
purchase order is deemed to authorise the purchase of an interest by
virtue of subsection (1B)(a)(ii) of this section shall be determined by
the Lands Tribunal.
25
(1D)
Where the Lands Tribunal determine that the person on whom a
notice to treat has been served has satisfied them as mentioned in
subsection (1)(c) of this section, the acquiring authority may
withdraw the notice at any time within the period of six weeks
beginning with the date of the determination.
30
(1E)
Subsection (1D) of this section is without prejudice to any other
power of the acquiring authority to withdraw the notice to treat.”
      (4)
The following provisions of that Act (which state the effect of a deed poll
executed in various circumstances where there is no conveyance by persons
with interests in the land), namely—
35
section 9(4) (failure of owners to convey),
pargraph 10(3) of Schedule 1 (owners under incapacity),
paragraph 2(3) of Schedule 2 (absent and untraced owners), and
paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the
40
land which are expressed to be overridden by the deed, the right which is to
be purchased compulsorily is vested absolutely in the acquiring authority.
      (5)
Section 11 of that Act (powers of entry) shall be so modified as to secure that,
as from the date on which the acquiring authority have served notice to treat
in respect of any right, they have power, exercisable in the like
45
circumstances and subject to the like conditions, to enter for the purpose of
exercising that right (which shall be deemed for this purpose to have been
created on the date of service of the notice); and sections 12 (penalty for

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions
110

unauthorised entry) and 13 (entry on sheriff’s warrant in the event of
obstruction) of that Act shall be modified correspondingly.
      (6)
Section 20 of that Act (compensation for short term tenants) shall apply with
the modifications necessary to secure that persons with such interests in
land as are mentioned in that section are compensated in a manner
5
corresponding to that in which they would be compensated on a
compulsory acquisition of the land, but taking into account only the extent
(if any) of such interference with such interests as is actually caused, or likely
to be caused, by the exercise of the right in question.
      (7)
Section 22 of that Act (protection of acquiring authority’s possession of land
10
where interest accidentally omitted from purchase) shall be so modified as
to enable the acquiring authority, in circumstances corresponding to those
referred to in that section, to continue to be entitled to exercise the right
acquired, subject to compliance with that section as respects compensation.
      (8)
References in that Act to land are, in appropriate contexts, to be read
15
(according to the requirements of the particular context) as referring to, or as
including references to—
(a)
the right acquired or to be acquired, or
(b)
the land over which the right is, or is to be, exercisable.
      (9)
In the Land Compensation Act 1973 (c. 26), for section 44 there shall be
20
substituted—
“44
Compensation for injurious affection
(1)
Where a right over land is purchased from any person for the
purpose of works which are to be situated partly on that land and
partly elsewhere, compensation for injurious affection of land
25
retained by that person shall be assessed by reference to the whole of
the works and not only the part situated on the land over which the
right is exercisable.
(2)
In this section, “compensation for injurious affection” means
compensation for injurious affection under section 7 or 20 of the
30
Compulsory Purchase Act 1965 as applied by paragraph 6(2) of
Schedule 6 to the Crossrail Act 2005.”
     (10)
For section 58 of that Act there shall be substituted—
“58
Determination of material detriment where right over part of house
etc. proposed for compulsory acquisition
35
(1)
Subsection (2) applies where the Lands Tribunal is determining
under section 8(1)(c) of the Compulsory Purchase Act 1965, as
applied by paragraph 6(2) of Schedule 6 to the Crossrail Act 2005,
whether—
(a)
a right over part of a house, building or manufactory can be
40
taken without material detriment to the house, building or
manufactory, or
(b)
a right over part of a park or garden belonging to a house can
be taken without seriously affecting the amenity or
convenience of the house.
45
(2)
The Tribunal shall take into account, not only the effect of the right
on the whole of the house, building or manufactory or of the house