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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

 

 

 
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Revised 16 November 2006