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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.

5

(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—

15

(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.

42      

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

25

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,

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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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43      

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.

44      

Application of other railway legislation

Schedule 10 (application of railway legislation) has effect.

Miscellaneous and general

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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

15

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

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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

30

(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

35

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

40

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.

48      

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.

20

(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

25

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.

49      

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

40

to a lease granted by the Secretary of State in pursuance of a development

agreement—

 
 

Crossrail Bill

30

 

(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

5

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.

50      

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

20

the execution of works under this Act, with the substitution for “acquiring

authority have” of “nominated undertaker has”.

51      

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

30

(1)(a)—

section 6(7) and (8),

paragraphs 18 and 19 of Schedule 6,

Schedule 8, and

Schedule 9.

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52      

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).

53      

Power to devolve functions of Secretary of State

40

(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—

5

(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.

10

(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

15

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);

20

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.

54      

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

30

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

45

 
 

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32

 

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

5

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

10

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,

15

the county council for the area.

55      

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

20

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

25

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—

30

(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.

35

(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

40

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.

45

(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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33

 

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.

10

56      

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

15

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

20

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

25

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.

30

57      

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);

35

“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;

 
 

 
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Revised 19 May 2005