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Crossrail Bill


Crossrail Bill
Schedule 14 — Protective provisions
Part 1 — Protection for highways and traffic

195

 

bridge, carrying any part of the works authorised by this Act over a highway

or carrying a highway over any part of those works; and any such new

bridge, or (as the case may be) any bridge so extended or altered, is in this

paragraph referred to as "the bridge".

      (2)  

Before commencing the construction of, or the carrying out of any work in

5

connection with, the bridge which involves interference with a highway, the

nominated undertaker shall submit to the highway authority for its

approval plans, drawings and particulars (in this paragraph referred to as

"plans") relating thereto, and the bridge shall not be constructed and the

works shall not be carried out except in accordance with the plans submitted

10

to, and approved by, the highway authority.

      (3)  

If within 28 days after the plans have been submitted the highway authority

has not approved or disapproved them, it shall be deemed to have approved

the plans as submitted.

      (4)  

If the bridge carries any part of the works authorised by this Act over any

15

highway—

(a)   

it shall be constructed in such manner as to prevent so far as may be

reasonably practicable the dripping of water from the bridge, and

(b)   

the highway authority may, at the cost of the nominated undertaker,

provide and place such lamps and apparatus as may from time to

20

time be reasonably necessary for efficiently lighting any highway

under or in the vicinity of the bridge.

7          

The nominated undertaker shall secure that so much of the works

authorised by this Act as is constructed under any highway shall be so

designed, constructed and maintained as to carry the appropriate loading

25

recommended for highway bridges by the Secretary of State at the time of

construction of the works, and the nominated undertaker shall indemnify

the highway authority against, and make good to the highway authority, the

expenses which the highway authority may reasonably incur in the

maintenance or repair of any highway, or any tunnels, sewers, drains or

30

apparatus therein, by reason of non-compliance with the provisions of this

paragraph.

8          

Any officer of the highway authority duly appointed for the purpose may at

all reasonable times, on giving to the nominated undertaker such notice as

may in the circumstances be reasonable, enter upon and inspect any part of

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the works authorised by this Act which—

(a)   

is in, over or under any highway, or

(b)   

which may affect any highway or any property of the highway

authority,

           

during the carrying out of the work, and the nominated undertaker shall

40

give to such officer all reasonable facilities for such inspection and, if he shall

be of the opinion that the construction of the work is attended with danger

to any highway or to any property of the highway authority on or under any

highway, the nominated undertaker shall adopt such measures and

precautions as may be reasonably practicable for the purpose of preventing

45

any damage or injury to the highway.

9     (1)  

The nominated undertaker shall not alter, disturb or in any way interfere

with any property of the highway authority on or under any highway, or the

access thereto, without the consent of the highway authority, and any

alteration, diversion, replacement or reconstruction of any such property

50

 

 

Crossrail Bill
Schedule 14 — Protective provisions
Part 1 — Protection for highways and traffic

196

 

which may be necessary shall be made by the highway authority or the

nominated undertaker as the highway authority thinks fit, and the expense

reasonably incurred by the highway authority in so doing shall be repaid to

the highway authority by the nominated undertaker.

      (2)  

If within 28 days after a request for consent has been submitted the highway

5

authority has not given or refused such consent, it shall be deemed to have

consented to the request as submitted.

10         

The nominated undertaker shall not remove any soil or material from any

highway except so much as must be excavated in the carrying out of the

works authorised by this Act.

10

11    (1)  

If the highway authority, after giving to the nominated undertaker not less

than 28 days' notice (or, in case of emergency, such notice as is reasonably

practicable) of its intention to do so, incurs any additional expense in the

signposting of traffic diversions or the taking of other measures in relation

thereto, or in the repair of any highway by reason of the diversion thereto of

15

traffic from a road of a higher standard, in consequence of the construction

of the works authorised by this Act, the nominated undertaker shall repay

to the highway authority the amount of any such expense reasonably so

incurred.

      (2)  

An amount which apart from this sub-paragraph would be payable to the

20

highway authority by virtue of this paragraph in respect of the repair of any

highway shall, if the highway fell or would have fallen due for repair as part

of the maintenance programme of the highway authority at any time within

ten years of the repair being carried out by the nominated undertaker, so as

to confer on the highway authority financial benefit (whether by securing

25

the completion of overdue maintenance work for which the highway

authority is liable or by deferment of the time for such work in the ordinary

course), be reduced by the amount which represents that benefit.

12    (1)  

The nominated undertaker shall not, except with the consent of the highway

authority, deposit any soil or materials, or stand any plant, on or over any

30

highway so as to obstruct or render less safe the use of the highway by any

person, or, except with the like consent, deposit any soil or materials on any

highway outside a hoarding, but if within 28 days after request for it any

such consent is neither given nor refused it shall be deemed to have been

given.

35

      (2)  

The expense reasonably incurred by the highway authority in removing any

soil or materials deposited on any highway in contravention of this

paragraph shall be repaid to the highway authority by the nominated

undertaker.

13         

The nominated undertaker shall, if reasonably so required by the highway

40

authority, provide and maintain to the reasonable satisfaction of the

highway authority, during such time as the nominated undertaker may

occupy any part of a highway for the purpose of the construction of any part

of the works authorised by this Act, temporary bridges and temporary

ramps for vehicular or pedestrian traffic over any part of the works or in

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such other position as may be necessary to prevent undue interference with

the flow of traffic in the highway.

14    (1)  

Where any part of any highway has been broken up or disturbed by the

nominated undertaker and not permanently stopped up or diverted, the

nominated undertaker shall make good the subsoil, foundations and surface

50

 

 

Crossrail Bill
Schedule 14 — Protective provisions
Part 2 — Protection for electricity, gas, water and sewerage undertakers

197

 

of that part of the highway to the reasonable satisfaction of the highway

authority, and shall maintain the same to the reasonable satisfaction of the

highway authority for such time as may reasonably be required for the

permanent reinstatement of the highway.

      (2)  

The reinstatement of that part of the highway shall be carried out by the

5

nominated undertaker to the reasonable satisfaction of the highway

authority in accordance with such requirements as to specification of

material and standards of workmanship as may be prescribed for equivalent

reinstatement work by regulations made under section 71 of the New Roads

and Street Works Act 1991 (c. 22).

10

15         

If any damage to any highway or any property of the highway authority on

or under any highway is caused by, or results from, the construction of any

work authorised by this Act or any act or omission of the nominated

undertaker, its contractors, agents or employees whilst engaged upon such

work, the nominated undertaker may, in the case of damage to a highway,

15

make good such damage to the reasonable satisfaction of the highway

authority and, where the nominated undertaker does not make good, or in

the case of damage to property of the highway authority, the nominated

undertaker shall make compensation to the highway authority.

16         

The fact that any act or thing may have been done in accordance with plans

20

approved by the highway authority shall not (if it was not attributable to the

act, neglect or default of the highway authority or of any person in its

employ or its contractors or agents) exonerate the nominated undertaker

from any liability, or affect any claim for damages, under this Part or

otherwise.

25

17    (1)  

Any dispute arising between the nominated undertaker and the highway

authority under this Part shall be determined by arbitration if—

(a)   

the parties agree, or

(b)   

the dispute relates to the amount of any sum payable under this Part,

           

but shall otherwise by determined by a person appointed by the Secretary of

30

State.

      (2)  

Any person appointed by the Secretary of State under sub-paragraph (1)

shall, in determining any dispute arising under this Part, have regard to such

matters as may be specified by the Secretary of State on making the

appointment.

35

Part 2

Protection for electricity, gas, water and sewerage undertakers

1     (1)  

The following provisions of this Part shall, unless otherwise agreed in

writing between the nominated undertaker, or the Secretary of State as the

case may be, and the undertakers concerned, have effect.

40

      (2)  

In this Part—

"alternative apparatus" means alternative apparatus adequate to enable

the undertakers to fulfil their functions as effectively as is achievable

using the apparatus which the alternative apparatus is to replace;

"apparatus" means—

45

 

 

Crossrail Bill
Schedule 14 — Protective provisions
Part 2 — Protection for electricity, gas, water and sewerage undertakers

198

 

(a)   

in the case of electricity undertakers, electric lines or electrical

plant (as defined in the Electricity Act 1989 (c. 29) ) belonging to,

or maintained by, such undertakers;

(b)   

in the case of gas undertakers, mains, pipes or other apparatus

belonging to, or maintained by, a gas transporter for the

5

purposes of the conveyance of gas;

(c)   

in the case of water undertakers, mains, pipes or other

apparatus belonging to, or maintained by, such undertakers for

the purposes of water supply; and

(d)   

in the case of sewerage undertakers, any sewer, drain or works

10

vested in a sewerage undertaker under the Water Industry Act

1991 (c. 56) and includes a sludge main, disposal main (within

the meaning of section 219 of that Act) or sewer outfall and any

manholes, ventilating shafts, pumps or other accessories

forming part of any such sewer, drain or works;

15

(not being, except in paragraph 9(3) and 10, apparatus in respect of

which the relations between the nominated undertaker and the

undertakers are regulated by the provisions of Part 3 of the New

Roads and Street Works Act 1991 (c. 22)) and includes any structure

for the lodging therein of apparatus or for giving access to apparatus;

20

"construction" includes execution, placing, altering, replacing, relaying

and removal and, in its application to works which include or

comprise any operation, means the carrying out of that operation;

"functions" includes powers and duties;

"in" in a context referring to apparatus in land includes under, over,

25

across, along or upon land;

"plans" includes sections and method statements;

"service obligations" means any service obligation imposed on the

undertakers by or under the enactments authorising them to carry on

their respective undertakings; and

30

"undertakers" means any of the following, namely, a licence holder

within the meaning of Part 1of the Electricity Act 1989, a gas

transporter within the meaning of Part 1 of the Gas Act 1986 (c. 44),

a water undertaker within the meaning of the Water Industry Act

1991, a sewerage undertaker within Part 1 of that Act and any local

35

authority which is a relevant authority for the purposes of section 97

of that Act; and, in relation to any apparatus, means the undertaker

to whom it belongs or by whom it is maintained.

2     (1)  

The following provisions of this paragraph have effect in any case where the

Secretary of State or the nominated undertaker, in exercise of the powers of

40

this Act, acquires any interest in or temporarily occupies any land in which

apparatus is placed.

      (2)  

Unless a certificate is issued by the appropriate Ministers under sub-

paragraph (3) the apparatus shall not be removed under this Part, and any

right of the undertakers to maintain, repair, renew, adjust, alter or inspect

45

the apparatus in that land shall not be extinguished until any necessary

alternative apparatus has been constructed and is in operation to the

reasonable satisfaction of the undertakers.

      (3)  

Where the appropriate Ministers certify in relation to any apparatus that—

(a)   

failure to remove the apparatus would cause undue delay to the

50

construction of the scheduled works, and

 

 

Crossrail Bill
Schedule 14 — Protective provisions
Part 2 — Protection for electricity, gas, water and sewerage undertakers

199

 

(b)   

the removal of the apparatus before the provision of alternative

apparatus in accordance with this paragraph would not

substantially prejudice the ability of the undertakers to meet any

relevant service obligations,

           

that apparatus may be removed (or required by the nominated undertaker

5

to be removed) under this Part before any necessary alternative apparatus

has been constructed or is in operation to the reasonable satisfaction of the

undertakers.

      (4)  

In this paragraph "appropriate Ministers" means the Secretary of State for

Transport acting jointly with either the Secretary of State for Environment,

10

Food and Rural Affairs or the Secretary of State for Trade and Industry.

3     (1)  

This paragraph applies where—

(a)   

the nominated undertaker for the purpose of constructing any work

authorised by this Act in, on or under any land, requires the removal

of any apparatus placed in that land, and gives the undertakers not

15

less than 28 days' written notice of that requirement, together with a

plan of the proposed work, and of the proposed position of the

alternative apparatus to be provided or constructed, or

(b)   

in consequence of the exercise of any of the powers of this Act, the

undertakers reasonably require to remove any apparatus.

20

      (2)  

Subject to sub-paragraph (3), the nominated undertaker or the Secretary of

State shall afford the undertakers the requisite facilities and rights for the

construction of any necessary alternative apparatus in other land which is

available for the purpose and which is held or used, or intended for use, by

the nominated undertaker for the purposes of its undertaking under this Act

25

or held by the Secretary of State, or in which either of them has sufficient

rights or interests and thereafter for the maintenance, repair, renewal and

inspection of such apparatus.

      (3)  

Sub-paragraph (4) applies where facilities and rights required for the

construction of apparatus under sub-paragraph (2) are to be afforded

30

elsewhere than in such other land and neither the nominated undertaker nor

the Secretary of State is able to afford such facilities and rights.

      (4)  

The undertakers shall, on receipt of a written notice from the nominated

undertaker that this sub-paragraph applies, forthwith use their best

endeavours to obtain the necessary facilities and rights; and neither the

35

nominated undertaker nor the Secretary of State shall be under an obligation

as to the provision of such facilities and rights in the other land.

4     (1)  

Any alternative apparatus to be constructed by the undertakers in

pursuance of paragraph 3 in land held or used, or intended for use, by the

nominated undertaker for the purposes of its undertaking under this Act or

40

held by the Secretary of State, or in which the undertakers have obtained the

necessary facilities and rights, shall be constructed in such manner, and in

such line or situation and in accordance with such programme, as is—

(a)   

agreed between the undertakers and the nominated undertaker with

a view to securing, among other things, the efficient implementation

45

of the necessary work, the avoidance of unnecessary delay and the

continued fulfilment by the undertakers of their service obligations

to a standard no less than that achieved prior to the removal of the

apparatus which the alternative apparatus replaces or,

 

 

Crossrail Bill
Schedule 14 — Protective provisions
Part 2 — Protection for electricity, gas, water and sewerage undertakers

200

 

(b)   

in default of agreement, determined in accordance with paragraph

13.

      (2)  

If the undertakers fail to comply with an agreement made under sub-

paragraph (1), or with a determination under paragraph 13, they shall be

liable to compensate the nominated undertaker in respect of any loss or

5

damage (other than loss of, or arising from delayed receipt of, operating

revenue due to delayed opening of Crossrail) directly resulting from the

failure.

5     (1)  

The undertakers shall, after—

(a)   

the manner of construction and the line and situation of any

10

necessary alternative apparatus have been agreed or determined as

aforesaid, and

(b)   

any such facilities and rights as are referred to in paragraph 3 have

been granted to or obtained by the undertakers, or an undertaking

has been given that such facilities or rights will be granted,

15

           

proceed with all reasonable despatch to construct and bring into operation

the alternative apparatus and to remove any apparatus required by the

nominated undertaker to be removed under the provisions of this Part and,

in default, the nominated undertaker may remove that apparatus.

      (2)  

Following the removal of that apparatus under the provisions of this Part

20

any rights of the undertakers relating to the land in which it was situated

shall be extinguished.

6     (1)  

If the nominated undertaker gives notice in writing to the undertakers that

it desires to carry out any part of so much of the work necessary in

connection with the construction of the alternative apparatus, or the removal

25

of the apparatus required to be removed, as is or will be situate in any lands

held or used, or intended for use, by the nominated undertaker for the

purposes of its undertaking under this Act or held by the Secretary of State,

such work, instead of being carried out by the undertakers, shall be carried

out by the nominated undertaker in accordance with plans and

30

specifications and in a position agreed between the undertakers and the

nominated undertaker, or, in default of agreement, determined in

accordance with paragraph 13, with all reasonable despatch under the

superintendence (if given) and to the reasonable satisfaction of the

undertakers.

35

      (2)  

Nothing in this paragraph shall authorise the nominated undertaker to carry

out any connection to or disconnection of any existing apparatus.

7     (1)  

Where, in accordance with the provisions of this Part, the nominated

undertaker or the Secretary of State affords to the undertakers facilities and

rights for the construction, maintenance, repair, renewal and inspection on

40

land held or used, or intended for use, by the nominated undertaker for the

purposes of its undertaking under this Act or held by the Secretary of State

of alternative apparatus, those facilities and rights shall be granted upon

such terms and conditions as may be agreed between the nominated

undertaker or, as the case may be, the Secretary of State, and the undertakers

45

or, in default of agreement, determined in accordance with paragraph 13.

      (2)  

In determining such terms and conditions as aforesaid in respect of

alternative apparatus to be constructed across or along any works

authorised by this Act, a person making a determination under paragraph

13 shall—

50

 

 

Crossrail Bill
Schedule 14 — Protective provisions
Part 2 — Protection for electricity, gas, water and sewerage undertakers

201

 

(a)   

give effect to all reasonable requirements of the nominated

undertaker for ensuring the safety and efficient operation of those

works and for securing any subsequent alterations or adaptations of

the alternative apparatus which may be required to prevent

interference with any proposed works of the nominated undertaker

5

or the use of the same, and

(b)   

so far as it may be reasonable and practicable to do so in the

circumstances of the case, give effect to the terms and conditions (if

any) applicable to the apparatus for which the alternative apparatus

is to be substituted and have regard to the undertakers' ability to

10

fulfil their service obligations.

      (3)  

If the facilities and rights to be afforded by the nominated undertaker or the

Secretary of State in respect of any alternative apparatus, and the terms and

conditions subject to which those facilities and rights are to be granted are,

in the opinion of a person making a determination under paragraph 13,

15

more or less favourable on the whole to the undertakers than the facilities,

rights, terms and conditions applying to the apparatus to be removed, that

person shall make such provision for the payment of compensation to or by

the nominated undertaker or the Secretary of State to or by the undertakers

in respect of the difference as appears to him to be reasonable having regard

20

to all the circumstances of the case.

8     (1)  

Not less than 28 days before commencing to construct any work authorised

by this Act which is near to, or will or may affect, any apparatus the removal

of which has not been required by the nominated undertaker under

paragraph 3, the nominated undertaker shall submit to the undertakers a

25

plan and description of the work and of any protective measures which the

nominated undertaker proposes to take in respect of that apparatus,

together with a specification of such measures where appropriate.

      (2)  

The work shall be constructed only in accordance with the plan and

description submitted as aforesaid and in accordance with such reasonable

30

requirements as may be made by the undertakers for the alteration or

otherwise for the protection of the apparatus or for securing access thereto,

and the undertakers shall be entitled by their officer to watch and inspect the

construction of the work.

      (3)  

If the undertakers within 14 days after the submission to them of any such

35

plan and description shall, in consequence of the works proposed by the

nominated undertaker, reasonably require the removal of any apparatus

and give written notice to the nominated undertaker of that requirement,

this Part shall have effect as if the removal of such apparatus had been

required by the nominated undertaker under paragraph 3.

40

      (4)  

Nothing in sub-paragraphs (1) to (3) shall preclude the nominated

undertaker from submitting at any time, or from time to time, but in no case

less than 28 days before commencing the construction of the work, a new

plan and description of it in lieu of the plan and description previously

submitted, and thereupon the provisions of those sub-paragraphs shall

45

apply to and in respect of the new plan and description.

      (5)  

The nominated undertaker shall not be required to comply with sub-

paragraphs (1) to (3) in a case of emergency but in such a case it shall give

notice to the undertakers as soon as reasonably practicable and a plan and

description of those works as soon as reasonably practicable thereafter, and

50

 

 

 
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Revised 19 May 2005