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Crossrail Bill


Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 1 — Purposes for which certain land may be acquired

117

 
 

(1)

(2)

(3)

 
 

Area

Number of land shown on

Purpose for which land may

 
  

deposited plans

be acquired or used

 
  

251, 252 and 259

The provision of a

 
   

working site and

 

5

   

protective works to high

 
   

pressure gas and oil

 
   

pipelines and other

 
   

public utilities’

 
   

apparatus.

 

10

  

252a

The provision of

 
   

protective works to high

 
   

pressure gas and oil

 
   

pipelines and other

 
   

public utilities’

 

15

   

apparatus.

 
 

London Borough of

2

The provision of access

 
 

Hillingdon

 

for construction.

 
  

88

The diversion of public

 
   

utilities’ apparatus.

 

20

  

101

The diversion of public

 
   

utilities’ apparatus.

 
  

3 to 6, 11, 13, 14, 102, 103,

The provision and

 
  

119, 121, 124, 125 and 252

renewal of railways

 
  

to 259

systems for operational

 

25

   

purposes.

 
  

104 and 105

The provision and

 
   

renewal of railway

 
   

systems for operational

 
   

purposes and the

 

30

   

provision of

 
   

environmental

 
   

mitigation.

 
  

127, 127b, 130, 130a to 132,

The provision of a

 
  

134 and 135

working site, access for

 

35

   

construction and

 
   

maintenance and the

 
   

provision of

 
   

environmental

 
   

mitigation.

 

40

  

118, 120, 122, 123, 126 and

The provision of a

 
  

136

working site and access

 
   

for construction.

 
  

137

The provision of access

 
   

for construction.

 

45

 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 1 — Purposes for which certain land may be acquired

118

 
 

(1)

(2)

(3)

 
 

Area

Number of land shown on

Purpose for which land may

 
  

deposited plans

be acquired or used

 
  

146, 154, 157, 165, 168, 169

The provision of a

 
  

and 173

working site, access for

 

5

   

construction and the

 
   

diversion of public

 
   

utilities’ apparatus.

 
  

155, 159, 161, 162, 163,

The provision of a

 
  

166, 174, 175, 176, 181, 182

working site and the

 

10

  

and 188

provision of

 
   

environmental

 
   

mitigation.

 
  

190 and 192

The provision of a

 
   

working site.

 

15

  

198a and 211a

The provision of access

 
   

for construction.

 
  

200, 213 and 245

The provision of a

 
   

working site.

 
  

326 to 330

The provision of access

 

20

   

and the provision of

 
   

railway systems for

 
   

operational purposes.

 
 

London Borough of Ealing

1 to 8, 10 to 26, 27, 30 to

The provision and

 
  

32, 34, 36 to 57, 59 to 61,

renewal of railway

 

25

  

63, 67, 69, 71, 72, 84 to 86,

systems and station

 
  

94 to 110, 112 to 124, 126

facilities for operational

 
  

to 143 and 188 to 200

purposes.

 
  

28, 29 and 33

The provision of a

 
   

working site and access

 

30

   

for construction.

 
  

35

The provision of a

 
   

working site.

 
  

58

The provision of a

 
   

working site and access

 

35

   

for construction.

 
  

64, 65, 66 and 68

The provision of a

 
   

working site and access

 
   

for construction.

 
  

70

The provision of a

 

40

   

working site.

 
 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 2 — Application of legislation relating to compulsory purchase

119

 
 

(1)

(2)

(3)

 
 

Area

Number of land shown on

Purpose for which land may

 
  

deposited plans

be acquired or used

 
  

94 to 110

The provision and

 
   

renewal of railway

 

5

   

systems for operational

 
   

purposes.

 
  

145 and 146

The provision of a

 
   

working site and access

 
   

for construction.

 

10

  

154 and 156

The provision of a

 
   

working site and the

 
   

diversion of public

 
   

utilities’ apparatus.

 
  

194a, 199a and 200a

The provision and

 

15

   

renewal of railway

 
   

systems and depot

 
   

facilities for operational

 
   

purposes.

 
 

Part 2

20

Application of legislation relating to compulsory purchase

Lands Clauses Consolidation Act 1845

1          

The Lands Clauses Consolidation Act 1845 (c. 18) shall not apply to the

acquisition of land under section 6(1) above.

Compulsory Purchase Act 1965

25

2          

Part 1 of the Compulsory Purchase Act 1965 (c. 56), so far as not inconsistent

with this Act, shall apply to an acquisition of land under section 6(1) as it

applies to a compulsory purchase to which Schedule 1 to the Acquisition of

Land Act 1981 (c. 67) applies and as if this Act were a compulsory purchase

order under that Act.

30

3     (1)  

In its application by virtue of paragraph 2, the Compulsory Purchase Act

1965 shall have effect with the following modifications.

      (2)  

Section 4 (time for exercise of powers of compulsory purchase) shall be

omitted.

      (3)  

Section 11(1) (power to enter on and take possession of land the subject of a

35

notice to treat after giving not less than 14 days’ notice) shall have effect—

(a)   

in a case where the notice to treat relates only to the acquisition of

subsoil or under-surface of land or an easement or other right over

land, with the substitution for “fourteen days” of “one month’s”, and

(b)   

in any other case, with the substitution for “fourteen days” of “three

40

months’”.

 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 2 — Application of legislation relating to compulsory purchase

120

 

      (4)  

In section 22(2) (expiry of time limit for exercise of power of compulsory

acquisition not to affect acquisition of interests omitted from purchase), for

“section 4 of this Act” there shall be substituted “section 6(6) of the Crossrail

Act 2008”.

      (5)  

In Schedule 3 (alternative procedures for obtaining right of entry),

5

paragraph 3(3) (requirement as to sureties in relation to bond for

compensation) shall be omitted.

Compulsory Purchase (Vesting Declarations) Act 1981

4          

The Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) shall

apply as if this Act were a compulsory purchase order.

10

5     (1)  

In its application by virtue of paragraph 4, the Compulsory Purchase

(Vesting Declarations) Act 1981 shall have effect with the following

modifications.

      (2)  

In section 3 (preliminary notices) for subsection (1) there shall be

substituted—

15

“(1)   

Before making a declaration under section 4 below with respect to

any land which is subject to a compulsory purchase order the

acquiring authority shall include the particulars specified in

subsection (3) below in a notice which is—

(a)   

given to every person with a relevant interest in the land with

20

respect to which the declaration is to be made (other than a

mortgagee who is not in possession), and

(b)   

published in the London Gazette.”

      (3)  

In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”.

      (4)  

In that section, subsections (5) and (6) shall be omitted and at the end there

25

shall be inserted—

“(7)   

For the purposes of this section, a person has a relevant interest in

land if—

(a)   

he is for the time being entitled to dispose of the fee simple of

the land, whether in possession or reversion, or

30

(b)   

he holds, or is entitled to the rents and profits of, the land

under a lease or agreement, the unexpired term of which

exceeds one month.”

      (5)  

In section 5 (earliest date for execution of declaration)—

(a)   

in subsection (1), after “publication” there shall be inserted “in the

35

London Gazette”, and

(b)   

subsection (2) shall be omitted.

      (6)  

References to the Compulsory Purchase Act 1965 (c. 56) shall be construed

as references to that Act as applied to the acquisition of land under section

6(1).

40

 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions

121

 

Part 3

Supplementary provisions

Acquisition of new rights

6     (1)  

The power conferred by section 6(1) shall include power to create and

acquire such easements or other rights over land to which the power relates

5

as may be required for or in connection with the works authorised by this

Act or otherwise for or in connection with Crossrail.

      (2)  

Part 1 of the Compulsory Purchase Act 1965 (c. 56), as applied to the

acquisition of land under section 6(1), and the enactments relating to

compensation for the compulsory purchase of land, shall apply to a

10

compulsory acqusition by virtue of sub-paragraph (1)—

(a)   

with the modifications specified in paragraph 7, and

(b)   

with such other modifications as may be necessary.

7     (1)  

The modifications referred to in paragraph 6(2)(a) are as follows.

      (2)  

For section 7 of the Compulsory Purchase Act 1965 there shall be

15

substituted—

“7      

Measure of compensation in case of purchase of new right

In assessing the compensation to be paid by the acquiring authority

under this Act, regard shall be had, not only to the extent (if any) to

which the value of the land over which the right is purchased is

20

depreciated by the acquisition of the right, but also to the damage (if

any) to be sustained by the owner of the land by reason of its

severance from other land of his, or injuriously affecting that other

land by the exercise of the powers conferred by this or the special

Act.”

25

      (3)  

In section 8 of that Act (provisions as to divided land) for subsection (1) there

shall be substituted—

“(1)   

This subsection applies where—

(a)   

a notice to treat in respect of a right over land consisting of a

house, building or manufactory or of a park or garden

30

belonging to a house (“the relevant land”) has been served on

a person under section 5 of this Act,

(b)   

in consequence of the service of the notice, a question of

disputed compensation in respect of the purchase of the right

would, apart from this section, fall to be determined by the

35

Lands Tribunal, and

(c)   

before the Lands Tribunal have determined that question, the

person on whom the notice has been served satisfies them

that the relevant conditions are met.

(1A)   

The relevant conditions are—

40

(a)   

that he has an interest which he is able and willing to sell in

the whole of the relevant land;

(b)   

where the relevant land consists of a house, building or

manufactory, that it cannot be made subject to the right

without material detriment to it; and

45

 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions

122

 

(c)   

where the relevant land consists of a park or garden

belonging to a house, that it cannot be made subject to the

right without seriously affecting the amenity or convenience

of the house.

(1B)   

Where subsection (1) above applies—

5

(a)   

the compulsory purchase order shall, in relation to the person

on whom the notice to treat has been served—

(i)   

cease to authorise the purchase of the right to which

the notice relates, and

(ii)   

be deemed to authorise the purchase of that person’s

10

interest in the whole of the relevant land including,

where the land consists of a park or garden belonging

to a house, the house, and

(b)   

the notice to treat shall be deemed to have been served in

respect of that interest on such date as the Lands Tribunal

15

direct.

(1C)   

Any question as to the extent of the land in which the compulsory

purchase order is deemed to authorise the purchase of an interest by

virtue of subsection (1B)(a)(ii) of this section shall be determined by

the Lands Tribunal.

20

(1D)   

Where the Lands Tribunal determine that the person on whom a

notice to treat has been served has satisfied them as mentioned in

subsection (1)(c) of this section, the acquiring authority may

withdraw the notice at any time within the period of six weeks

beginning with the date of the determination.

25

(1E)   

Subsection (1D) of this section is without prejudice to any other

power of the acquiring authority to withdraw the notice to treat.”

      (4)  

The following provisions of that Act (which state the effect of a deed poll

executed in various circumstances where there is no conveyance by persons

with interests in the land), namely—

30

section 9(4) (failure of owners to convey),

pargraph 10(3) of Schedule 1 (owners under incapacity),

paragraph 2(3) of Schedule 2 (absent and untraced owners), and

paragraphs 2(3) and 7(2) of Schedule 4 (common land),

           

shall be so modified as to secure that, as against persons with interests in the

35

land which are expressed to be overridden by the deed, the right which is to

be purchased compulsorily is vested absolutely in the acquiring authority.

      (5)  

Section 11 of that Act (powers of entry) shall be so modified as to secure that,

as from the date on which the acquiring authority have served notice to treat

in respect of any right, they have power, exercisable in the like

40

circumstances and subject to the like conditions, to enter for the purpose of

exercising that right (which shall be deemed for this purpose to have been

created on the date of service of the notice); and sections 12 (penalty for

unauthorised entry) and 13 (entry on sheriff’s warrant in the event of

obstruction) of that Act shall be modified correspondingly.

45

      (6)  

Section 20 of that Act (compensation for short term tenants) shall apply with

the modifications necessary to secure that persons with such interests in

land as are mentioned in that section are compensated in a manner

corresponding to that in which they would be compensated on a

 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 3 — Supplementary provisions

123

 

compulsory acquisition of the land, but taking into account only the extent

(if any) of such interference with such interests as is actually caused, or likely

to be caused, by the exercise of the right in question.

      (7)  

Section 22 of that Act (protection of acquiring authority’s possession of land

where interest accidentally omitted from purchase) shall be so modified as

5

to enable the acquiring authority, in circumstances corresponding to those

referred to in that section, to continue to be entitled to exercise the right

acquired, subject to compliance with that section as respects compensation.

      (8)  

References in that Act to land are, in appropriate contexts, to be read

(according to the requirements of the particular context) as referring to, or as

10

including references to—

(a)   

the right acquired or to be acquired, or

(b)   

the land over which the right is, or is to be, exercisable.

      (9)  

In the Land Compensation Act 1973 (c. 26), for section 44 there shall be

substituted—

15

“44     

Compensation for injurious affection

(1)   

Where a right over land is purchased from any person for the

purpose of works which are to be situated partly on that land and

partly elsewhere, compensation for injurious affection of land

retained by that person shall be assessed by reference to the whole of

20

the works and not only the part situated on the land over which the

right is exercisable.

(2)   

In this section, “compensation for injurious affection” means

compensation for injurious affection under section 7 or 20 of the

Compulsory Purchase Act 1965 as applied by paragraph 6(2) of

25

Schedule 6 to the Crossrail Act 2008.”

     (10)  

For section 58 of that Act there shall be substituted—

“58     

Determination of material detriment where right over part of house

etc. proposed for compulsory acquisition

(1)   

Subsection (2) applies where the Lands Tribunal is determining

30

under section 8(1)(c) of the Compulsory Purchase Act 1965, as

applied by paragraph 6(2) of Schedule 6 to the Crossrail Act 2008,

whether—

(a)   

a right over part of a house, building or manufactory can be

taken without material detriment to the house, building or

35

manufactory, or

(b)   

a right over part of a park or garden belonging to a house can

be taken without seriously affecting the amenity or

convenience of the house.

(2)   

The Tribunal shall take into account, not only the effect of the right

40

on the whole of the house, building or manufactory or of the house

and the park or garden, but also the use to be made of the rights

proposed to be acquired and, in a case where the right is proposed to

be acquired for works or other purposes extending to other land, the

effect of the whole of the works and the use to be made of the other

45

land.”

 

 

 
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