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Crossrail Bill


Crossrail Bill
Schedule 4 — Overhead lines: consent

83

 

      (2)  

Any person who without reasonable excuse contravenes the provisions of

sub-paragraph (1) shall be liable on summary conviction to a fine not

exceeding level 3 on the standard scale.

      (3)  

No proceedings shall be instituted in respect of an offence under this

paragraph except by or on behalf of the Secretary of State.

5

Applications for consent

3     (1)  

An application for consent under this Schedule shall be in writing and shall

state—

(a)   

the length of the electric line to which it relates,

(b)   

the nominal voltage of that line, and

10

(c)   

whether the application to any extent relates to exercise of the power

conferred by paragraph 3 of Schedule 2.

      (2)  

An application for consent under this Schedule shall be accompanied by a

map showing—

(a)   

the land across which the electric line to which it relates is to be

15

installed or kept installed, including details of the route of that line,

(b)   

the limits of deviation for the scheduled works and the limits of land

to be acquired or used, so far as relevant to the application, and

(c)   

if the application to any extent relates to exercise of the power

conferred by paragraph 3 of Schedule 2, the extent to which it so

20

relates.

4          

An application for consent under this Schedule shall be supplemented, if the

appropriate Ministers so direct in writing, by such additional information as

may be specified in the direction.

Publicity

25

5     (1)  

A person applying for consent under this Schedule shall publish notice of

the application in two successive weeks in one or more local newspapers

circulating in the area in which the land to which the application relates is

situated (or in areas which together include that area).

      (2)  

A notice under sub-paragraph (1) shall—

30

(a)   

describe the route of the electric line to which the application relates,

(b)   

specify a place in the locality where a copy of the application may be

inspected,

(c)   

state a time (not being less than 14 days from the date of publication)

within which, and the manner in which, objections to the application

35

may be made to the appropriate Ministers, and

(d)   

if it relates to an application by the nominated undertaker, explain

the effect of paragraph 8(2)(b).

      (3)  

Sub-paragraph (1) shall not apply to an application for consent under this

Schedule which relates only to exercise of the power conferred by paragraph

40

3 of Schedule 2.

      (4)  

If an application for consent under this Schedule relates partly to exercise of

the power conferred by paragraph 3 of Schedule 2, so much of the

application as relates to exercise of that power shall be disregarded for the

purposes of sub-paragraphs (1) and (2).

45

 

 

Crossrail Bill
Schedule 4 — Overhead lines: consent

84

 

      (5)  

If an application for consent under this Schedule is one in relation to which

the applicant is subject to a duty under sub-paragraph (1), the appropriate

Ministers shall not make any decision about the application until they are

satisfied—

(a)   

that the applicant has performed his duty under that provision, and

5

(b)   

that the time allowed by the notice under that provision for making

objections to the application has expired.

Consultation

6     (1)  

Within 14 days of receiving an application for consent under this Schedule,

the appropriate Ministers shall invite the relevant planning authority to

10

make representations and shall not make any decisions about the

application until—

(a)   

they have received representations from the authority about it,

(b)   

they have been informed by the authority that it does not wish to

make any representations about it, or

15

(c)   

28 days have elapsed since the date of the invitation.

      (2)  

An invitation under sub-paragraph (1) shall specify the time limit for

making representations.

      (3)  

For the purposes of this paragraph, the relevant planning authority is—

(a)   

in the case of a line in the area of a unitary authority, the local

20

planning authority, and

(b)   

in the case of a line not in the area of a unitary authority, the district

planning authority.

7     (1)  

If the appropriate Ministers consider that an application for consent under

this Schedule relates to matters which may affect—

25

(a)   

nature conservation,

(b)   

the conservation of the natural beauty or amenity of the countryside,

or

(c)   

a site of archaeological or historic interest,

           

they shall, within 14 days of receiving the application, also invite the

30

appropriate body or bodies to make representations.

      (2)  

Where under sub-paragraph (1) the appropriate Ministers have invited a

body to make representations about an application for consent under this

Schedule, they shall not make any decision about the application until—

(a)   

they have received representations from the body about the request,

35

(b)   

they have been informed by the body that it does not wish to make

any representations about the request, or

(c)   

14 days have elapsed since the date of the invitation.

      (3)  

An invitation under sub-paragraph (1) shall specify the time limit for

making representations.

40

      (4)  

For the purposes of this paragraph, the following are appropriate bodies in

relation to the following matters—

 

 

Crossrail Bill
Schedule 4 — Overhead lines: consent

85

 
 

Matter

Body

 
 

Nature conservation.

English Nature.

 
 

Conservation of the natural

The Countryside Commission.

 
 

beauty or amenity of the

  
 

countryside.

  

5

 

Sites of archaeological or

The Historic Buildings and

 
 

historic interest.

Monuments Commission for

 
  

England.

 

Grant of consent

8     (1)  

This paragraph applies to an application for consent under this Schedule by

10

the nominated undertaker.

      (2)  

An application to which this paragraph applies may only be refused—

(a)   

to the extent that it relates to exercise of the power conferred by

paragraph 3 of Schedule 2, on the ground that the electric line ought

to, and could reasonably, be installed elsewhere within the limits

15

specified, in relation to the diversion concerned, in the third column

of the table in paragraph 3 of Schedule 2, and

(b)   

to the extent that it does not relate to the exercise of that power, on

the ground that the electric line ought to, and could reasonably, be

installed elsewhere within the limits of deviation for the scheduled

20

works or within the limits of land to be acquired or used.

9          

A consent under this Schedule may include such conditions (including

conditions as to the ownership and operation of the electric line to which it

relates) as appear to the appropriate Ministers to be appropriate.

Variation and revocation of consent

25

10    (1)  

A consent under this Schedule may be varied or revoked by the Secretary of

State at any time after the end of such period as may be specified in the

consent.

      (2)  

The period which may be specified under sub-paragraph (1) shall not be less

than 10 years from the date of installation of the electric line to which the

30

consent relates.

Duration of consent

11         

Subject to paragraph 10, a consent under this Schedule shall continue in

force for such period as may be specified in or determined by or under the

consent.

35

Interpretation

12         

In this Schedule, references to the appropriate Ministers are to the Secretary

of State for Trade and Industry and the Secretary of State for Transport

acting jointly.

 

 

Crossrail Bill
Schedule 5 — Temporary possession and use of land

86

 

Schedule 5

Section 5

 

Temporary possession and use of land

Occupation and use for construction of works

1     (1)  

The nominated undertaker may, in connection with the construction of the

works specified in column (1) of the following table (or any works which are

5

necessary or expedient for the purposes of or in connection with those

works)—

(a)   

enter upon and take possession of the land specified in relation to

those works in columns (2) and (3) of that table for such purposes as

are so specified in column (4) of that table, and

10

(b)   

for such purposes as are so specified—

(i)   

remove from the land any structure or vegetation, and

(ii)   

construct on the land temporary works (including the

provision of means of access) and structures.

 

(1)

(2)

(3)

(4)

 

15

 

Works

Area

Number of

Purpose for which

 
   

land shown

temporary possession

 
   

on deposited

may be taken

 
   

plans

  
 

1/3A and 1/3B

City of

217

The provision of a

 

20

  

Westminster

 

working site.

 
 

1/3A and 1/3B

 

451

The provision of a

 
    

working site.

 
 

1/3A and 1/3B

 

692

The provision of a

 
    

working site.

 

25

 

1/3A and 1/3B

City of

60

The provision of a

 
  

London

 

working site.

 
 

1/3A and 1/3B

 

104

The provision of a

 
    

working site.

 
 

Any of the works

London

972 and 976

The provision of

 

30

 

authorised by this Act

Borough of

 

access and a

 
  

Tower

 

working site.

 
  

Hamlets

   
 

Any of the works

 

753, 774,

The provision of

 
 

authorised by this Act

 

775, 788, 789

access and barge

 

35

   

and 796

loading facilities.

 
 

2/1A and 2/1B

 

1235 and

The provision of a

 
   

1242

working site.

 
 

1/7, 1/33A and 1/33B

London

160, 165 and

The provision of a

 
  

Borough of

170

working site.

 

40

  

Greenwich

   
 

 

Crossrail Bill
Schedule 5 — Temporary possession and use of land

87

 
 

(1)

(2)

(3)

(4)

 
 

Works

Area

Number of

Purpose for which

 
   

land shown

temporary possession

 
   

on deposited

may be taken

 
   

plans

  

5

 

The provision of

Royal

62 and 72

The provision of a

 
 

overhead

Borough of

 

working site and

 
 

electricification

Windsor &

 

access for

 
 

equipment and works

Maidenhead

 

construction.

 
 

to Maidenhead Bridge

    

10

 

3/3A

Borough of

81

The provision of

 
  

Slough

 

access and a

 
    

working site.

 
 

3/6

 

172 and 173

The provision of a

 
    

working site.

 

15

 

3/7A and 3/7B

 

187

The provision of a

 
    

working site.

 
 

3/10E

London

49

The provision of a

 
  

Borough of

 

working site.

 
  

Hillingdon

   

20

 

The provision and

London

111

The provision of a

 
 

renewal of railway

Borough of

 

working site.

 
 

systems and station

Ealing

   
 

facilities for

    
 

operational purposes

    

25

 

(Ealing Broadway

    
 

Station)

    
 

      (2)  

Not less than 28 days before entering upon and taking possession of land

under this paragraph, the nominated undertaker shall give notice to the

owners and occupiers of the land of its intention to do so.

30

      (3)  

The nominated undertaker may not remain in possession of any land under

this paragraph after the end of the period of one year beginning with the

date of completion of the works specified in relation to the land in column

(1) of the table in sub-paragraph (1) unless the owners of the land agree.

      (4)  

The nominated undertaker shall pay compensation to the owners and

35

occupiers of land of which possession is taken under this paragraph for any

loss which they may suffer by reason of the exercise in relation to the land of

the power or powers conferred by this paragraph.

      (5)  

Any dispute as to a person’s entitlement to compensation under sub-

paragraph (4), or as to the amount of compensation, shall be determined

40

under and in accordance with Part 1 of the Land Compensation Act 1961

(c. 33).

      (6)  

Nothing in this paragraph shall affect any liability to pay compensation

under 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,

45

 

 

Crossrail Bill
Schedule 5 — Temporary possession and use of land

88

 

otherwise than for loss for which compensation is payable under sub-

paragraph (4).

      (7)  

In this paragraph, “structure” includes any erection.

2     (1)  

Before giving up possession of land of which possession has been taken

under paragraph 1, the nominated undertaker shall, in accordance with a

5

scheme agreed with the owners of the land and the relevant planning

authority, put the land into such condition as the scheme may provide.

      (2)  

If, in relation to any land of which possession has been taken under

paragraph 1, no scheme has been agreed for the purposes of this paragraph

within 6 months of the date of completion of the works specified in relation

10

to the land in column (1) of the table in paragraph 1(1), the scheme shall be

such as may be determined by the appropriate Ministers after consultation

with the nominated undertaker, the owners of the land and the relevant

planning authority.

      (3)  

Unless the owners of the land and the nominated undertaker otherwise

15

agree, a scheme determined under sub-paragraph (2) shall provide for land

to be restored to its former condition.

      (4)  

Unless the nominated undertaker otherwise agrees, a scheme determined

under sub-paragraph (2) shall not provide for the nominated undertaker to

replace any structure removed under paragraph 1, other than a fence.

20

      (5)  

Where the appropriate Ministers ask the relevant planning authority for

assistance in connection with the carrying out by them of their function

under sub-paragraph (2), they may require the nominated undertaker to

reimburse to the planning authority any expenses which it reasonably incurs

in meeting the request.

25

      (6)  

The duty under sub-paragraph (1) in relation to any land shall be owed

separately to the owners of the land and to the relevant planning authority.

      (7)  

Where a scheme for the purposes of this paragraph provides for any step to

be taken by the nominated undertaker before a specified date and that step

has not been taken before that date, the relevant planning authority may—

30

(a)   

enter the land concerned and take that step, and

(b)   

require the nominated undertaker to reimburse to it any expenses

which it reasonably incurs in acting under paragraph (a).

      (8)  

In this paragraph—

“appropriate Ministers” means the Secretary of State for Environment,

35

Food and Rural Affairs and the Secretary of State for Transport

acting jointly;

“relevant planning authority” means—

(a)   

in relation to land in the area of a unitary authority, the local

planning authority;

40

(b)   

in relation to land not in the area of a unitary authority, the

district planning authority;

“structure” includes any erection.

3     (1)  

The nominated undertaker may use any road situated on land specified in

the table in paragraph 8 of Schedule 6 for the passage of persons or vehicles

45

(with or without materials, plant and machinery) for the purpose of or in

connection with the construction of the works authorised by this Act.

 

 

Crossrail Bill
Schedule 5 — Temporary possession and use of land

89

 

      (2)  

The nominated undertaker shall compensate the person having the

management of a road to which sub-paragraph (1) applies for any loss which

he may suffer by reason of the exercise of the power conferred by that sub-

paragraph.

      (3)  

Any dispute as to a person’s entitlement to compensation under sub-

5

paragraph (2), or as to the amount of such compensation, shall be

determined under and in accordance with Part 1 of the Land Compensation

Act 1961 (c. 33).

Occupation and use for maintenance of works

4     (1)  

At any time during the maintenance period relating to any of the scheduled

10

works, the nominated undertaker may—

(a)   

enter upon and take possession of any land which is—

(i)   

within 20 metres from that work, and

(ii)   

within the limits of deviation for the scheduled works or the

limits of land to be acquired or used,

15

   

if such possession is reasonably required for the purpose of or in

connection with maintaining the work or any ancillary works

connected with it, and

(b)   

construct on the land such temporary works (including the provision

of means of access) and structures as may be reasonably so required.

20

      (2)  

Sub-paragraph (1) shall not authorise the nominated undertaker to take

possession of—

(a)   

a house, any other structure which is for the time being occupied, or

a garden belonging to a house,

(b)   

land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule

25

6, or

(c)   

such of the land specified in columns (1) and (2) of the table in

paragraph 10 of Schedule 6 as falls outside the description specified

in relation to it in column (3) of the table.

      (3)  

Not less than 28 days before entering upon and taking possession of land

30

under this paragraph, the nominated undertaker shall give notice to the

owners and occupiers of the land of its intention to do so.

      (4)  

The nominated undertaker may only remain in possession of land under this

paragraph for so long as may be reasonably required to carry out the

maintenance works for which possession of the land was taken.

35

      (5)  

Before giving up possession of land of which possession has been taken

under this paragraph, the nominated undertaker shall restore the land to the

reasonable satisfaction of the owners of the land.

      (6)  

The nominated undertaker shall pay compensation to the owners and

occupiers of land of which possession is taken under this paragraph for any

40

loss which they may suffer by reason of the exercise in relation to the land of

the powers conferred by this paragraph.

      (7)  

Any dispute as to a person’s entitlement to compensation under sub-

paragraph (6), or as to the amount of the compensation, shall be determined

under and in accordance with Part 1 of the Land Compensation Act 1961.

45

 

 

 
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