Crossrail Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 12 — Disapplication and modification of miscellaneous controls
188

(b)
for which a permit under the London Lorry Ban Order will be
required.
      (2)
The person may apply for a permit under the Order for the journey by giving
the details mentioned in sub-paragraph (3) to the authority concerned by
telephone or by means of facsimile transmission.
5
      (3)
The details referred to above are—
(a)
the identity of the applicant,
(b)
a number on which he can be contacted by telephone or by means of
facsimile transmission,
(c)
the registration number of the vehicle to which the application
10
relates,
(d)
the authorised works in connection with which the journey is to be
undertaken,
(e)
whether any approved arrangements are relevant to the application
and, if so, what they are,
15
(f)
the date when the journey is proposed to be undertaken, and
(g)
if it is proposed to stop anywhere in Greater London for the purpose
of making a delivery or collection, the place or places at which, and
the time or times when, it is proposed to stop for that purpose.
      (4)
In this paragraph—
20
“approved arrangements”, “authorised works” and “the London Lorry
Ban Order” have the same meanings as in paragraph 11;
“working day” means any day which is not a Saturday or Sunday,
Christmas Day, Good Friday or a bank holiday in England and
Wales under the Banking and Financial Dealings Act 1971 (c. 80).
25
13    (1)
An authority responsible for dealing with applications for permits under the
London Lorry Ban Order shall make arrangements enabling applications
under paragraph 12 to be made at any time.
      (2)
Once an application for a permit has been made under paragraph 12, then,
for the purpose of any relevant journey, the application shall be treated as
30
granted subject to such conditions as the Secretary of State may by order
specify for the purposes of this provision.
      (3)
A journey is a relevant journey for the purposes of sub-paragraph (2) if it is
begun before the authority to which the application is made has
communicated its decision on the application to the applicant by telephone
35
or by means of facsimile transmission.
      (4)
The power to make an order under sub-paragraph (2) includes—
(a)
power to make different provision for different cases, and
(b)
power to make an order varying or revoking any order previously
made under that provision.
40
      (5)
In this paragraph, “the London Lorry Ban Order” has the same meaning as
in pargraph 11.
Works under streets in Greater London
14
The following provisions of the Greater London Council (General Powers)
Act 1986 (c. iv)—
45

Crossrail Bill
Schedule 12 — Disapplication and modification of miscellaneous controls
189

(a)
section 5(1) (consent of borough council required for demolition of
works under a street),
(b)
section 6(1) (consent of borough council required for works
preventing access to premises under a street), and
(c)
section 7(1) (consent of borough council required for infilling in
5
premises under a street),

shall not apply to anything done in exercise of the powers conferred by this
Act with respect to works.
New Roads and Street Works Act 1991
15    (1)
The powers conferred by section 56(1) and (1A) of the New Roads and Street
10
Works Act 1991 (c. 22) (powers to give directions as to the timing of
proposed and subsisting street works) shall not apply in relation to works
proposed to be, or being, carried out under the powers conferred by this Act.
      (2)
Section 56A of that Act (power to give directions as to placing of apparatus)
shall not apply in relation to the placing of apparatus in exercise of any of
15
the powers conferred by this Act.
      (3)
No restriction under section 58(1) of that Act (power to impose restriction on
execution of street works in the twelve months following completion of
substantial road works) shall have effect in relation to works carried out
under the powers conferred by this Act.
20
      (4)
Section 61(1) of that Act (under which the consent of the street authority is
required for the placing of apparatus in a protected street) shall not apply to
the placing of apparatus in exercise of any of the powers conferred by this
Act.
      (5)
Section 62(2) of that Act (power following designation of protected street to
25
require removal or repositioning of apparatus already placed in the street)
shall not apply in relation to apparatus placed in exercise of the powers
conferred by this Act.
      (6)
Section 62(4) of that Act (power when designation as protected street
commences or ceases to give directions with respect to works in progress)
30
shall not apply in relation to works being carried out under the powers
conferred by this Act.
      (7)
Section 63(1) of that Act (under which Schedule 4 to that Act has effect for
requiring the settlement of a plan and section of street works to be executed
in a street designated by the street authority as having special engineering
35
difficulties) shall not apply in relation to works to be executed under the
powers conferred by this Act.
      (8)
The power conferred by section 73A(1) of that Act (power to require
undertaker to re-surface street) may not be exercised in relation to an
undertaker who is within subsection (2) of that section because of—
40
(a)
having given a notice in respect of works proposed to be carried out
under the powers conferred by this Act, or
(b)
executing, or having executed, works under those powers.
      (9)
No contribution shall be payable under section 78A(1)(b) of that Act
(contributions by other undertakers to costs incurred in executing works
45
specified in a re-surfacing notice) because of the execution of works under
the powers conferred by this Act.

Crossrail Bill
Schedule 12 — Disapplication and modification of miscellaneous controls
190

     (10)
Schedule 3A to that Act (restriction on works following substantial street
works) shall not apply where a notice under section 54 (advance notice of
certain works) or 55 (notice of starting date of works) of that Act is in respect
of works to be executed under the powers conferred by this Act.
     (11)
No notice under paragraph 2(1)(d) of that Schedule (power by notice to
5
require notification of works which an undertaker proposes to carry out in a
part of a highway to which a proposed restriction applies) shall have effect
to require the notification of works proposed to be carried out under the
powers conferred by this Act.
     (12)
No directions under paragraph 3 of that Schedule (directions as to the date
10
on which undertakers may begin to execute proposed works) may be issued
to the nominated undertaker.
     (13)
Paragraph 3(4) of that Schedule (under which it is an offence for an
undertaker to execute street works before the completion of certain other
street works) shall not apply in relation to the execution of works under the
15
powers conferred by this Act.
     (14)
Paragraph 5(1) of that Schedule (effect of direction under paragraph 4
restricting further works) shall not apply in relation to the execution of
works under the powers conferred by this Act.
Communication with public sewers in London
20
16
Section 106(8) of the Water Industry Act 1991 (c. 56) (which qualifies the
general right to communicate with the public sewers of a sewerage
undertaker) shall not apply where the proposed communication involves a
drain or sewer serving Crossrail.
Party Wall etc. Act 1996
25
17    (1)
No notice under section 1(2) or (5) of the Party Wall etc. Act 1996 (c. 40)
(notice before building on line of junction with adjoining land) shall be
required before the building of any wall in exercise of the powers conferred
by this Act.
      (2)
Sections 1(6) and 2 of the Party Wall etc. Act 1996 (rights of adjoining
30
owners) shall not have effect to confer rights in relation to—
(a)
anything held by the Secretary of State or the nominated undertaker
and used, or intended for use, by the nominated undertaker for the
purposes of its undertaking under this Act, or
(b)
land on which there is any such thing.
35
      (3)
Section 6 of the Party Wall etc. Act 1996 (underpinning of adjoining
buildings) shall not apply in relation to a proposal to excavate, or excavate
for and erect anything, in exercise of the powers conferred by this Act.

Crossrail Bill
Schedule 13 — Burial grounds: removal of human remains and monuments
191

Schedule 13
Section 48

Burial grounds: removal of human remains and monuments
Notice of removal
1     (1)
Before removing from the land in question any remains or any monument
to the deceased, the nominated undertaker shall—
5
(a)
publish in each of two successive weeks in a newspaper circulating
in the area where the land is situated, and
(b)
at the same time leave displayed in a conspicuous place on or near
the land,

a notice complying with sub-paragraph (2).
10
      (2)
A notice under sub-paragraph (1) shall—
(a)
identify the land to which it relates,
(b)
set out in general terms the effect of paragraphs 2 to 5,
(c)
state where, and in what form, an application under paragraph 2(1)
may be made, and
15
(d)
state how the nominated undertaker proposes to carry out its
functions under this Schedule with respect to the disposal of the
remains or monument.
      (3)
No notice shall be required under sub-paragraph (1) before the removal of
any remains or any monument to the deceased where the Secretary of State
20
notifies the nominated undertaker that he is satisfied—
(a)
that the remains were interred more than 100 years ago, and
(b)
that no relative or personal representative of the deceased is likely to
object to the remains or monument being removed in accordance
with this Schedule.
25
      (4)
No notice shall be required under sub-paragraph (1) before the removal of
any remains or any monument to the deceased if—
(a)
there is in force under section 25 of the Burial Act 1857 (c. 81) (bodies
not to be removed from burial grounds without licence of the
Secretary of State) a licence relating to the remains, and
30
(b)
the holder of the licence is the nominated undertaker or a body
corporate which is a member of the same group as the nominated
undertaker.
      (5)
In sub-paragraph (4)(b), “group” means a body corporate and all other
bodies corporate which are its subsidiaries within the meaning of the
35
Companies Act 1985 (c. 6).
Removal of remains
2     (1)
In the case of remains in relation to which paragraph 1(1) applies, the
nominated undetaker shall issue a licence for the removal of the remains if—
(a)
it receives an application in writing from a relative or personal
40
representative of the deceased, and
(b)
the application is received before the end of the 56 days after the day
on which notice relating to the remains is first published under
paragraph 1(1)(a).

Crossrail Bill
Schedule 13 — Burial grounds: removal of human remains and monuments
192

      (2)
In the case of remains in relation to which paragraph 1(3) applies, the
nominated undertaker shall issue a licence for the removal of the remains
if—
(a)
it receives an application in writing from a relative or personal
representative of the deceased, and
5
(b)
the application is received before the nominated undertaker has
removed the remains under paragraph 3(1).
      (3)
For the purposes of sub-paragraphs (1) and (2), a person shall be taken to be
a relative or personal representative of the deceased if the nominated
undertaker is satisfied that he is or the county court has declared that he is.
10
      (4)
A licensee under this paragraph may remove the remains to which the
licence relates and reinter them elsewhere or cremate them.
      (5)
The reasonable costs of removal and reinterment or cremation under this
paragraph shall be paid by the nominated undertaker.
      (6)
An application for a declaration for the purposes of sub-paragraph (3) shall
15
be made to the county court for the district in which the remains are interred.
      (7)
In this paragraph, references to a relative of the deceased are to a person
who—
(a)
is a husband, wife, parent, grandparent, child or grandchild of the
deceased, or
20
(b)
is, or is a child of, a brother, sister, uncle or aunt of the deceased.
3     (1)
In the case of remains in relation to which paragraph 1(1) or (3) applies, the
nominated undertaker may remove the remains unless—
(a)
it is required under paragraph 2(1) or (2) to issue a licence for their
removal, or
25
(b)
not more than 28 days have passed since the issue under that
provision of such a licence.
      (2)
In the case of remains in relation to which paragraph 1(4) applies, the
nominated undertaker may remove the remains and, if it does so, shall be
treated for the purposes of this Act as acting under this paragraph and not
30
under the licence under the Burial Act 1857 (c. 81).
      (3)
The nominated undertaker shall reinter any remains removed under this
paragraph in a burial ground or cremate them in a crematorium.
Removal of monuments
4     (1)
Where a licence to remove any remains is issued under paragraph 2(1) or (2),
35
the licensee may remove from the land any monument to the deceased and
re-erect it elsewhere or otherwise dispose of it.
      (2)
The reasonable costs of removal and re-erection under sub-paragraph (1)
shall be paid by the nominated undertaker.
5     (1)
Where the nominated undertaker removes any remains under paragraph 3,
40
it may also remove from the land any monument to the deceased.
      (2)
Where any remains are removed under a licence under paragraph 2(1) or (2),
the nominated undertaker may remove from the land any monument to the
deceased which is not removed by the licensee within 28 days of the issue of
the licence.
45

Crossrail Bill
Schedule 13 — Burial grounds: removal of human remains and monuments
193

      (3)
Where any remains are removed under a licence under section 25 of the
Burial Act 1857 (c. 81), the nominated undertaker may remove from the land
any monument to the deceased which is not removed by the licensee.
      (4)
The nominated undertaker may remove any monument removed under this
paragraph to the place, if any, where the remains of the deceased are
5
interred or to some other appropriate place.
      (5)
The nominated undertaker shall break and deface any monument removed
under this paragraph which is not dealt with under sub-paragraph (4).
Records
6     (1)
Where any remains are removed under this Schedule, the nominated
10
undertaker shall, within two months of the removal, provide the Registrar
General with a certificate which—
(a)
identifies the remains, so far as practicable,
(b)
states the date on which, and the place from which, the remains were
removed, and
15
(c)
states the date and place of reinterment or cremation.
      (2)
Where any monument is removed under this Schedule, the nominated
undertaker shall, within two months of the removal—
(a)
deposit with the local authority in whose area the monument was
situated prior to the removal a record which—
20
(i)
identifies the monument,
(ii)
gives any inscription on it,
(iii)
states the date on which, and the place from which, it was
removed, and
(iv)
states the place, if any, to which it was moved or how it was
25
disposed of, and
(b)
provide the Registrar General with a copy of the record deposited
under paragraph (a).
      (3)
The nominated undertaker may require any person who removes remains or
a monument under this Schedule to provide it with any information about
30
the remains or monument removed which it needs to comply with sub-
paragraph (1) or (2).
      (4)
In sub-paragraph (2)(a), “local authority” means—
(a)
in relation to a monument that was situated in the area of a unitary
authority, that authority, and
35
(b)
in relation to a monument that was not situated in the area of a
unitary authority, the district council for the area.
Supplementary
7     (1)
Where the nominated undertaker removes remains in relation to the
removal of which a licence has been granted under paragraph 2(1) or (2), it
40
shall carry out in accordance with the reasonable requests of the licensee—
(a)
its functions under paragraph 3 with respect to disposal of the
remains, and
(b)
if it removes any monument to the deceased, the functions under
paragraph 5 with respect to disposal of the monument.
45

Crossrail Bill
Schedule 14 — Protective provisions
Part 1 — Protection for highways and traffic
194

      (2)
The Secretary of State may give such directions as he thinks fit with respect
to the carrying out of any function under this Schedule.
      (3)
No licence shall be required under section 25 of the Burial Act 1857 (c. 81) for
the removal under this Schedule of any remains.
      (4)
Nothing in any enactment relating to burial grounds and no obligation or
5
restriction imposed under ecclesiastical law or otherwise shall have effect to
prohibit, restrict or impose any condition on the removal under this
Schedule of any remains or monument.
Schedule 14
Section 52

Protective provisions
10
Part 1
Protection for highways and traffic
1     (1)
The following provisions of this Part shall, unless otherwise agreed in
writing between the nominated undertaker and the highway authority
concerned, have effect for the protection of highway authorities.
15
      (2)
In this Part—
"plans" includes sections and specifications; and
"property of the highway authority" means any apparatus of the
highway authority affixed to or placed under any highway.
      (3)
Part 3 of the New Roads and Street Works Act 1991 (c. 22) shall not apply in
20
relation to any matter which is regulated by this Part.
2
Wherever in this Part provision is made with respect to the approval or
consent of the highway authority, that approval or consent shall be in
writing and subject to such reasonable terms and conditions as the highway
authority may require, but shall not be unreasonably withheld.
25
3
In exercising the powers conferred by this Act in relation to any highway the
nominated undertaker shall have regard to the potential disruption of traffic
which may be caused and shall seek to minimise such disruption so far as is
reasonably practicable.
4
The nominated undertaker shall not, without the consent of the highway
30
authority, construct any part of the works authorised by this Act under and
within 8 metres of the surface of any highway which comprises a
carriageway except in accordance with plans submitted to, and approved
by, the highway authority; and if within 28 days after such plans have been
submitted the highway authority has not approved or disapproved them, it
35
shall be deemed to have approved the plans as submitted.
5
In the construction of any part of the said works under a highway no part of
it shall, except with the consent of the highway authority, be so constructed
as to interfere with the provision of proper means of drainage of the surface
of the highway or be nearer than two metres to the surface of the highway.
40
6     (1)
The provisions of this paragraph have effect in relation to, and to the
construction of, any new bridge, or any extension or alteration of an existing