|
| |
| |
| |
20 | Control of construction sites: appeals |
| |
(1) | In the Control of Pollution Act 1974 (c. 40), sections 60 (control of noise on |
| |
construction sites) and 61 (prior consent for work on construction sites) shall |
| |
have effect, in relation to works carried out in exercise of the powers conferred |
| 5 |
by this Act, with the following modifications. |
| |
(2) | In subsection (7) (appeal against failure to give consent or the giving of |
| |
qualified consent), for “a magistrates’ court” there shall be substituted “the |
| |
| |
(3) | After that subsection there shall be inserted— |
| 10 |
“(7A) | If within seven days of the giving of notice of appeal under subsection |
| |
(7) of this section the appellant and the local authority so agree, the |
| |
appeal shall, instead of being determined by the Secretary of State, be |
| |
referred to arbitration.” |
| |
(4) | The Secretary of State for Environment, Food and Rural Affairs and the |
| 15 |
Secretary of State for Transport acting jointly may, in relation to appeals which |
| |
are referred to arbitration under subsection (7A) of section 60 or 61 of the |
| |
Control of Pollution Act 1974, by regulations made by statutory instrument |
| |
make any such provision as may be made by regulations under section 70 of |
| |
that Act in relation to appeals under Part 3 of that Act to the Secretary of State. |
| 20 |
21 | Proceedings in respect of statutory nuisance: defence |
| |
(1) | Where proceedings are brought under section 82(1) of the Environmental |
| |
Protection Act 1990 (c. 43) (summary proceedings by person aggrieved by |
| |
statutory nuisance) in relation to— |
| |
(a) | a nuisance falling within paragraph (g) of section 79(1) of that Act |
| 25 |
(noise emitted from premises), or |
| |
(b) | a nuisance falling within paragraph (ga) of that provision (noise |
| |
emitted by vehicle, machinery or equipment in a street), |
| |
| no order shall be made, and no fine may be imposed, under section 82(2) of that |
| |
Act if the defendant shows that subsection (2) applies. |
| 30 |
(2) | This subsection applies if— |
| |
(a) | the nuisance relates to premises or, as the case may be, to a vehicle, |
| |
machinery or equipment, used by the nominated undertaker for the |
| |
purposes of or in connection with the exercise of the powers conferred |
| |
by this Act with respect to works, and |
| 35 |
(b) | the nuisance is attributable to the carrying out of works which are being |
| |
carried out in accordance with a notice served under section 60, or a |
| |
consent given under section 61 or 65, of the Control of Pollution Act |
| |
| |
(3) | The following provisions of the Control of Pollution Act 1974— |
| 40 |
(a) | section 61(9) (consent for work on construction site to include statement |
| |
that it does not of itself constitute a defence to proceedings under |
| |
section 82 of the Environmental Protection Act 1990), and |
| |
(b) | section 65(8) (corresponding provision in relation to consent for |
| |
registered noise level to be exceeded), |
| 45 |
| |
| |
|
| |
| |
| shall not apply where the consent relates to the use of premises or, as the case |
| |
may be, of a vehicle, machinery or equipment by the nominated undertaker for |
| |
the purposes of or in connection with the exercise of the powers conferred by |
| |
this Act with respect to works. |
| |
| 5 |
| |
(1) | Section 6(1) of the Railways Act 1993 (c. 43) (which prohibits any person from |
| |
acting as the operator of a railway asset unless authorised by a licence under |
| |
section 8 of that Act) shall not apply in relation to— |
| |
(a) | any network constructed in exercise of the powers conferred by this Act |
| 10 |
which is not yet ready for commercial use, or |
| |
(b) | any train being used on any such network. |
| |
(2) | For the purposes of subsection (1)(a), a network shall be taken to be ready for |
| |
commercial use only if the Secretary of State has laid before Parliament notice |
| |
of his determination that it is ready for such use. |
| 15 |
(3) | Any expression used in this section and Part 1 of the Railways Act 1993 has the |
| |
same meaning in this section as it has in that Part. |
| |
23 | Overriding duty of Office of Rail Regulation before Crossrail operational |
| |
(1) | During the interim period, the Office of Rail Regulation shall have an |
| |
overriding duty to exercise its access contract functions in such a manner as to |
| 20 |
facilitate the operation, on and after the date specified under section 24(3), of |
| |
the principal Crossrail passenger services. |
| |
(2) | In subsection (1) “access contract functions” means functions under— |
| |
(a) | sections 17, 18 and 21 of, and Schedule 4 to, the Railways Act 1993, |
| |
(b) | sections 20 and 22 to 22C of that Act so far as relating to access contracts, |
| 25 |
| |
(c) | sections 26, 28, 29 and 33 of this Act. |
| |
(3) | The duty imposed by subsection (1) does not apply in relation to— |
| |
(a) | a function of determining terms relating to the payment of amounts |
| |
under an access contract, or |
| 30 |
(b) | a function of determining— |
| |
(i) | whether compensation is payable, or |
| |
(ii) | the amount, or matters relating to the payment, of any |
| |
| |
(4) | The duty imposed by subsection (1) is subject to the duty imposed by |
| 35 |
paragraph 2(1) of Schedule 3 to the Railways Act 2005 (general duty as regards |
| |
| |
(5) | The Office of Rail Regulation may, with the consent of the Secretary of State, |
| |
contravene subsection (1). |
| |
(6) | In this section “the interim period” means the period beginning with the day |
| 40 |
after that on which this Act is passed and (subject to subsection (7)) ending |
| |
when the railway mentioned in section 1(1)(a) is first used by Crossrail |
| |
| |
| |
| |
|
| |
| |
(7) | The Secretary of State may direct that the interim period shall end later than it |
| |
would otherwise end under subsection (6) and, if he so directs, he must— |
| |
(a) | in the direction specify when the interim period is to end, |
| |
(b) | notify the Office of Rail Regulation of the giving and effect of the |
| |
| 5 |
(c) | publish the direction in such manner as he thinks appropriate. |
| |
(8) | A direction under subsection (7)— |
| |
(a) | may make different provision for different purposes, and |
| |
(b) | may be varied or revoked by a subsequent direction under that |
| |
| 10 |
| |
“access contract” (except in the phrase “access contract function”) has the |
| |
meaning given by section 17(6) of the Railways Act 1993 (c. 43); |
| |
“Crossrail passenger service” means a service for the carriage of |
| |
passengers by railway on a line the whole of which, or part of which, |
| 15 |
forms part of the railway mentioned in section 1(1)(a); |
| |
“principal Crossrail passenger service” means a Crossrail passenger |
| |
service so far as it counts towards the minimum operating levels |
| |
specified by the Secretary of State under section 24(1); |
| |
“rolling stock” and “station” have the meanings given by section 83(1) of |
| 20 |
| |
24 | Directions specifying matters for purposes of section 23 |
| |
(1) | The Secretary of State may, for the purposes of the definition of “principal |
| |
Crossrail passenger service” in section 23(9), give directions to the Office of Rail |
| |
Regulation specifying minimum operating levels for Crossrail passenger |
| 25 |
| |
(2) | The Secretary of State may give directions to the Office of Rail Regulation |
| |
specifying the extent to which a Crossrail passenger service is, for the purposes |
| |
of the definition of “principal Crossrail passenger service” in section 23(9), to |
| |
be taken as not counting towards a minimum operating level specified under |
| 30 |
| |
(3) | The Secretary of State may give directions to the Office of Rail Regulation |
| |
specifying a date for the purposes of section 23(1). |
| |
(4) | Before giving directions under subsection (1) or (3), the Secretary of State shall |
| |
| 35 |
(a) | Transport for London, |
| |
(b) | the provider of any service for the carriage of passengers by railway |
| |
that is a service likely to be affected by the exercise of the power, and |
| |
(c) | such other persons (if any) as the Secretary of State considers |
| |
| 40 |
(5) | For the purposes of subsection (1), minimum operating levels may (in |
| |
particular) be framed by reference to— |
| |
(a) | the number of trains running during a period; |
| |
(b) | the frequency of trains running during a period; |
| |
(c) | the number of items of rolling stock of which trains are composed; |
| 45 |
(d) | the stations at which trains are to stop. |
| |
| |
| |
|
| |
| |
(6) | Directions under subsection (1), (2) or (3)— |
| |
(a) | may make different provision for different purposes, and |
| |
(b) | may be varied or revoked by subsequent directions under that |
| |
| |
(7) | Where the Secretary of State gives directions under this section, he must |
| 5 |
publish the directions in such manner as he thinks appropriate. |
| |
| |
“Crossrail passenger service” has the meaning given by section 23(9); |
| |
“rolling stock”, “station” and “train” have the meanings given by section |
| |
83(1) of the Railways Act 1993 (c. 43). |
| 10 |
25 | Other duties of Office of Rail Regulation as to exercise of functions |
| |
(1) | The Office of Rail Regulation shall have an overriding duty to exercise its |
| |
functions in such a manner as not to impede the performance of any |
| |
| |
(2) | The duty imposed by subsection (1) is subject to— |
| 15 |
(a) | the duty imposed by paragraph 2(1) of Schedule 3 to the Railways Act |
| |
2005 (general duty as regards railway safety), and |
| |
(b) | the duty imposed by section 23(1). |
| |
(3) | Subsection (1) does not apply to functions exercisable by the Office of Rail |
| |
Regulation by virtue of section 67(3) of the Railways Act 1993 (“Competition |
| 20 |
| |
(4) | The Office of Rail Regulation may, when exercising any Competition Act |
| |
function, have regard to any matter to which it would have regard if— |
| |
(a) | it were under the duty imposed by subsection (1) above in relation to |
| |
| 25 |
(b) | the matter is one to which the Office of Fair Trading could have regard |
| |
if it were exercising that function. |
| |
(5) | The duties imposed on the Office of Rail Regulation by section 4 of the |
| |
Railways Act 1993 apply to the exercise of the functions that it has under or by |
| |
virtue of this Act as they apply to the exercise of functions assigned to it under |
| 30 |
Part 1 of the Railways Act 1993. |
| |
(6) | In subsection (1) “development agreement” means an agreement (including |
| |
one entered into before the passing of this Act) to which the Secretary of State |
| |
is a party and under which another party has responsibilities in relation to the |
| |
design, construction, financing or maintenance of the railway mentioned in |
| 35 |
section 1(1)(a) or any part of that railway. |
| |
26 | Amending pre-commencement access contracts: construction of Crossrail |
| |
(1) | The Office of Rail Regulation may, in the case of an access contract to which this |
| |
subsection applies, give directions to the parties to the contract requiring them |
| |
to amend the contract in accordance with the directions. |
| 40 |
(2) | Subsection (1) applies to an access contract if— |
| |
(a) | the contract is entered into on or before the day on which this Act is |
| |
| |
| |
| |
|
| |
| |
(b) | in the opinion of the Office of Rail Regulation, use of the railway facility |
| |
to which the contract relates will or may be affected by the construction |
| |
| |
(3) | The Office of Rail Regulation— |
| |
(a) | shall exercise its power under subsection (1) in relation to an access |
| 5 |
contract to which that subsection applies so as to secure, but |
| |
(b) | may exercise that power in relation to such a contract only for the |
| |
| |
| that the contract contains such provision as in its opinion is appropriate for the |
| |
purpose of dealing with consequences (direct or indirect) of the use of the |
| 10 |
railway facility to which the contract relates being disrupted by the |
| |
construction of Crossrail. |
| |
(4) | The Office of Rail Regulation may, for the purpose of the exercise of its power |
| |
under subsection (1) in relation to an access contract to which that subsection |
| |
applies, require the parties to the contract to submit to it proposals as to the |
| 15 |
directions it should give in exercise of that power in relation to the contract. |
| |
(5) | The Office of Rail Regulation shall, before exercising its power under |
| |
subsection (1) in relation to any particular access contract— |
| |
(a) | invite the Secretary of State to make representations about the exercise |
| |
of the power in relation to that contract, and |
| 20 |
(b) | consider any representations made to it in response to the invitation. |
| |
| |
“access contract” has the meaning given by section 17(6) of the Railways |
| |
| |
“railway facility” has the meaning given by section 83(1) of that Act. |
| 25 |
27 | Amending pre-commencement access contracts: principal Crossrail services |
| |
(1) | This section applies to access contracts entered into on or before the day on |
| |
which this Act is passed. |
| |
(2) | Once minimum operating levels for Crossrail passenger services have first |
| |
been specified under section 24(1), the Office of Rail Regulation shall, in respect |
| 30 |
of each contract to which this section applies, consider whether its terms are |
| |
such as to prejudice the operation of principal Crossrail passenger services on |
| |
and after the date specified under section 24(3). |
| |
(3) | If the Office of Rail Regulation considers that the terms of a contract to which |
| |
this section applies are of that nature, it shall— |
| 35 |
(a) | notify the Secretary of State of that, and |
| |
(b) | provide the Secretary of State with the relevant details of the contract. |
| |
(4) | Where the Secretary of State has been notified under subsection (3) in respect |
| |
of a contract, he must indicate to the Office of Rail Regulation whether he— |
| |
(a) | objects to the contract on the ground that its terms are such as to |
| 40 |
prejudice the operation of principal Crossrail passenger services on and |
| |
after the date specified under section 24(3), or |
| |
(b) | makes no objection to the contract. |
| |
(5) | Where the Office of Rail Regulation receives an indication under subsection |
| |
(4)(a) in respect of a contract, it shall do one of the following— |
| 45 |
| |
| |
|
| |
| |
(a) | give directions requiring the parties to the contract to amend it so as to |
| |
remove the ground for the Secretary of State’s objection; |
| |
(b) | declare the contract, or provisions of it, to be void. |
| |
(6) | Where the Office of Rail Regulation has acted under paragraph (a) or (b) of |
| |
subsection (5), it may give directions requiring a person to pay compensation |
| 5 |
| |
(7) | The Secretary of State may by regulations make provision in relation to the |
| |
carrying out by the Office of Rail Regulation of its functions under subsection |
| |
| |
(8) | The provision that may be made by regulations under subsection (7) includes |
| 10 |
(in particular) provision corresponding to any provision of paragraphs 3 to 6 |
| |
of Schedule 4 to the Railways Act 1993 (c. 43). |
| |
(9) | The power to make regulations under subsection (7) shall be exercisable by |
| |
statutory instrument which shall be subject to annulment in pursuance of a |
| |
resolution of either House of Parliament. |
| 15 |
| |
“access contract” has the meaning given by section 17(6) of the Railways |
| |
| |
“Crossrail passenger service” and “principal Crossrail passenger service” |
| |
have the meanings given by section 23(9). |
| 20 |
28 | Terms of, and amending other contracts because of, Crossrail access contracts |
| |
(1) | Where a person makes an application for directions under section 17 of the |
| |
Railways Act 1993, subsections (2) and (6) apply if— |
| |
(a) | the permission sought is, or includes, permission for use of a railway |
| |
| 25 |
(i) | is part of Crossrail but is not, and is not part of, the railway |
| |
mentioned in section 1(1)(a), or |
| |
(ii) | is associated with Crossrail but not by reason only of its being |
| |
associated with the railway mentioned in section 1(1)(a), and |
| |
(b) | the permission is sought in connection with the provision of Crossrail |
| 30 |
| |
(2) | The Office of Rail Regulation may give directions requiring the parties to an |
| |
access contract to which this subsection applies to make such amendments to |
| |
the contract as are, in its opinion, necessary to facilitate the operation, on and |
| |
after the date specified under section 24(3), of those Crossrail passenger |
| 35 |
services so far as they are principal Crossrail passenger services. |
| |
(3) | Subsection (2) applies to an access contract where the permission concerned is |
| |
permission to use a railway facility that— |
| |
(a) | is, or is part of, a railway but is not, and is not part of, the railway |
| |
mentioned in section 1(1)(a), or |
| 40 |
(b) | is associated with a railway but not by reason only of its being |
| |
associated with the railway mentioned in section 1(1)(a). |
| |
(4) | The Office of Rail Regulation may not under subsection (2) give directions |
| |
requiring the parties to an access contract to make amendments relating— |
| |
(a) | to amounts payable under the contract by one of them to the other, or |
| 45 |
| |
| |
|
| |
| |
(b) | to the times at which, and manner in which, any such amounts are |
| |
| |
(5) | Where the Office of Rail Regulation gives directions under subsection (2) |
| |
requiring amendments to be made to an access contract, it shall consider |
| |
whether to carry out an access charges review in relation to that contract. |
| 5 |
(6) | The Secretary of State may give directions to the Office of Rail Regulation |
| |
requiring it, in the event that its decision on the application is to require entry |
| |
into a contract, to include in the contract proposed terms specified in the |
| |
| |
(a) | that relate to the duration of the permission concerned, |
| 10 |
(b) | that are terms, other than terms relating to charges or other financial |
| |
matters, that in the directions are identified as terms that must be |
| |
included in the contract on the ground that the Secretary of State |
| |
considers them to be needed to facilitate the provision of Crossrail |
| |
| 15 |
(c) | so far as those terms relate to the railway mentioned in section 1(1)(a). |
| |
(7) | A direction under subsection (6) that is given in respect of a term may (but need |
| |
not) be given in respect of the term only so far as it is to have effect for |
| |
| |
(8) | The Secretary of State may by regulations— |
| 20 |
(a) | make provision for Schedule 4 to the Railways Act 1993 (c. 43) to apply, |
| |
in relation to applications under section 17 of that Act in respect of |
| |
which the conditions in paragraphs (a) and (b) of subsection (1) are |
| |
satisfied, with modifications specified in the regulations; |
| |
(b) | make provision that is to apply in relation to such applications in place |
| 25 |
of that Schedule, including (in particular) provision corresponding to |
| |
any provision of that Schedule; |
| |
(c) | make transitional provision in connection with provision made under |
| |
| |
(9) | The power to make regulations under subsection (8) shall be exercisable by |
| 30 |
statutory instrument which shall be subject to annulment in pursuance of a |
| |
resolution of either House of Parliament. |
| |
| |
“access charges review” has the meaning given by paragraph 1A(2) of |
| |
Schedule 4A to the Railways Act 1993; |
| 35 |
“access contract” has the meaning given by section 17(6) of that Act; |
| |
“Crossrail passenger service” and “principal Crossrail passenger service” |
| |
have the meanings given by section 23(9); |
| |
“railway facility” has the meaning given by section 83(1) of the Railways |
| |
| 40 |
29 | Post-commencement access contracts: effects of construction of Crossrail |
| |
(1) | The Office of Rail Regulation shall exercise its functions under sections 17 and |
| |
18 of the Railways Act 1993 in relation to an access contract to which this |
| |
subsection applies so as to secure that the contract contains such provision as |
| |
in its opinion is appropriate for dealing with consequences (direct or indirect) |
| 45 |
of the use of the railway facility to which the contract relates being disrupted |
| |
by the construction of Crossrail. |
| |
| |
| |
|
