Crossrail Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 11 — Application of other railway legislation
194

Schedule 11
Section 45

Application of other railway legislation
Highway (Railway Crossings) Act 1839 (c. 45)
1
The Highway (Railway Crossings) Act 1839 shall not apply to a railway
authorised by this Act.
5
Railway Regulation Act 1842 (c. 55)
2
Section 9 of the Railway Regulation Act 1842 shall not apply to a railway
authorised by this Act.
Railways Clauses Consolidation Act 1845 (c. 20)
3     (1)
The Railways Clauses Consolidation Act 1845, insofar as applicable for the
10
purposes of this Act and not inconsistent with its provisions, is hereby
incorporated with this Act.
      (2)
The following provisions are excepted from incorporation by virtue of sub-
paragraph (1)—
sections 1, 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 42, 47, 48, 59 to 62, 74, 75, 77
15
to 85, 87, 88, 94, 95 and 112 to 124.
      (3)
In their application by virtue of sub-paragraph (1)—
(a)
section 2 shall have effect with the substitution for “so incorporated
as aforesaid” of “incorporated”;
(b)
section 6 shall have effect with the omission of the words “and to take
20
lands for that purpose”, “taken or” and “for the value of the lands so
taken or used, and”;
(c)
sections 18 and 21 shall not apply in any case where the relations
between the nominated undertaker and any other person are
regulated by sections 84 and 85 of the New Roads and Street Works
25
Act 1991 (c. 22) or Part 2 of Schedule 16 to this Act;
(d)
section 68 shall have effect with the omission of the words from
“Such and” to “formation thereof” and from “together with all
necessary gates” to “all necessary stiles”.
Railways Clauses Act 1863 (c. 92)
30
4     (1)
Part 1 of the Railways Clauses Act 1863, insofar as applicable for the
purposes of this Act and not inconsistent with its provisions, is hereby
incorporated with this Act.
      (2)
The following provisions are excepted from incorporation by virtue of sub-
paragraph (1)—
35
sections 5 to 7 and 13 to 19.
Railway Companies (Accounts and Returns) Act 1911 (c. 34)
5
For the purposes of the Railway Companies (Accounts and Returns) Act
1911, a person shall not be a railway company by virtue of working a railway
authorised by this Act.
40

Crossrail Bill
Schedule 11 — Application of other railway legislation
195

British Transport Commission Act 1949 (c. xxix)
6     (1)
Section 55 the British Transport Commission Act 1949 (penalty for trespass
on railways etc.) shall also apply in relation to any railway, siding, tunnel,
railway embankment, cutting or similar work constructed in exercise of the
powers conferred by this Act.
5
      (2)
Section 56 of that Act (penalty for stone throwing etc. on railways) shall also
apply in relation to any railway or siding constructed in exercise of the
powers conferred by this Act.
Miscellaneous
7     (1)
In their application to—
10
(a)
a Crossrail undertaker,
(b)
Crossrail, or
(c)
any train being used to provide services for the carriage of
passengers or goods on Crossrail,

the enactments specified in column (1) of the following table (which create
15
the offences broadly described in column (2) of the table) shall each have
effect as if the maximum fine which may be imposed on summary
conviction of any offence specified in the enactment were, instead of that
specified in column (3) of the table, a fine not exceeding the level specified
in column (4) of the table.
20

(1)
(2)
(3)
(4)

Enactment
Description of
Maximum
Maximum fine

offence
fine otherwise
(level on standard

applicable
scale)

(level on

25

standard

scale)

Section 16 of
Obstruction of
Level 1
Level 3

the Railway
officers of

Regulation
railway

30

Act 1840
company or

(c. 97).
trespass upon

railway.

Section 17 of
Misconduct of
Level 1
Level 3

the Railway
persons

35

Regulation
employed on

Act 1842
railways.

(c. 55).

The

Regulation of

40

Railways Act

1889 (c. 57)—

Crossrail Bill
Schedule 12 — Transfer schemes
Part 1 — Transfers from Cross London Rail Links Limited and its subsidiaries
196

(1)
(2)
(3)
(4)

Enactment
Description of
Maximum
Maximum fine

offence
fine otherwise
(level on standard

applicable
scale)

(level on

5

standard

scale)

section 5(1)
Failure to
Level 1
Level 2

produce

ticket, to pay

10

fare or to give

name and

address.

section 5(3).
Travel with
Level 2
Level 3

intent to avoid

15

payment of

fare.

      (2)
In such application—
(a)
section 16 of the Railway Regulation Act 1840 (c. 97) shall have effect
as if the court had, as an alternative to imposing a fine, the power to
20
award imprisonment for a period not exceeding 51 weeks;
(b)
section 5(2) of the Regulation of Railways Act 1889 (c. 57) (power to
arrest passenger who fails to produce ticket and refuses to give his
name and address) shall have effect as if after the word “refuses”
there were inserted the words “or fails”.
25
      (3)
In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection
(2)(a) to 51 weeks shall be read as a reference to one month.
      (4)
In this paragraph, “Crossrail undertaker” means a person who, under
section 47, is the nominated undertaker for any purpose of section 1(1), so
30
far as relating to Crossrail.
Schedule 12
Section 46

Transfer schemes
Part 1
Transfers from Cross London Rail Links Limited and its subsidiaries
35
1     (1)
The Secretary of State may make schemes for the transfer of property, rights
and liabilities—
(a)
from Cross London Rail Links Limited (“CLRL”), or
(b)
from a body corporate which is a wholly-owned subsidiary of CLRL,

to any person, including the Secretary of State.
40

Crossrail Bill
Schedule 12 — Transfer schemes
Part 4 — General provisions about transfer schemes
197

      (2)
The Secretary of State shall consult CLRL before making a scheme under
sub-paragraph (1).
Part 2
Transfers from the Greater London Authority, Transport for London, the
London Development Agency and their subsidiaries
5
2     (1)
The Secretary of State may, for purposes connected with Crossrail, make
schemes for the transfer of property, rights and liabilities—
(a)
from the Greater London Authority, the London Development
Agency or Transport for London, or
(b)
from a body corporate which is a wholly owned subsidiary of the
10
Greater London Authority, the London Development Agency or
Transport for London,

to any person, including the Secretary of State.
      (2)
The power conferred by sub-paragraph (1) shall be exercisable only with the
consent of the transferor.
15
Part 3
Transfers from Secretary of State and companies owned by Secretary of State
3     (1)
The Secretary of State may, for purposes connected with Crossrail, make
schemes for the transfer of property, rights and liabilities—
(a)
from the Secretary of State, or
20
(b)
from a company which is wholly owned by the Secretary of State,

to any person.
      (2)
For the purposes of this paragraph, a company is wholly owned by the
Secretary of State at any time when it has no members other than one or
more persons falling within the following paragraphs—
25
(a)
the Secretary of State;
(b)
a company which is wholly owned by the Secretary of State;
(c)
a person acting on behalf of the Secretary of State or of a company
which is wholly owned by the Secretary of State.
Part 4
30
General provisions about transfer schemes
Property, rights and liabilities that may be transferred
4
The property, rights and liabilities for whose transfer a scheme may provide
include (in particular)—
(a)
rights and liabilities relating to contracts of employment;
35
(b)
property, rights and liabilities that would not otherwise be capable
of being transferred or assigned by the transferor;
(c)
property acquired after the making of the scheme and rights and
liabilities arising after the making of the scheme;
(d)
rights and liabilities under an enactment.
40

Crossrail Bill
Schedule 12 — Transfer schemes
Part 4 — General provisions about transfer schemes
198

Creation by a scheme of interests, rights and liabilities
5     (1)
A scheme may contain—
(a)
provision for the creation, in favour of the transferor, of—
(i)
an interest in, or
(ii)
a right in relation to,
5

property whose transfer is provided for by the scheme,
(b)
provision for the creation, in favour of a transferee, of—
(i)
an interest in, or
(ii)
a right in relation to,

property retained by the transferor,
10
(c)
provision for the creation, in favour of a transferee, of—
(i)
an interest in, or
(ii)
a right in relation to,

property whose transfer to another person is provided for by the
scheme,
15
(d)
provision for the creation of rights and liabilities as between the
transferor and a transferee, and
(e)
provision for the creation of rights and liabilities as between different
transferees.
      (2)
A scheme may contain provision about enforcement, by or against any one
20
or more of the transferor and the transferee or transferees, of a right or
liability whose transfer or creation is provided for by the scheme.
Identifying what is transferred or created by a scheme
6     (1)
A scheme may define property, rights or liabilities for whose transfer it
provides—
25
(a)
by specifying it or them;
(b)
by describing it or them.
      (2)
A scheme may define retained property for the purposes of provision made
under paragraph 5(1)(b)—
(a)
by specifying it;
30
(b)
by describing it.
      (3)
A description of property, rights or liabilities may be framed (in
particular)—
(a)
by reference to the transferor’s undertaking;
(b)
by reference to a specified part of that undertaking.
35
Scheme may provide for contraventions etc. to be treated as not occurring
7     (1)
A scheme may contain provision for a transfer to take effect as if there were
no contravention or liability, or interference with any interest or right, that
there would otherwise be by reason of a provision falling within sub-
paragraph (2).
40
      (2)
A provision falls within this sub-paragraph if it has effect (whether under an
enactment or agreement or otherwise) in relation to the terms on which the
transferor is entitled to the property or right, or subject to the liability, for
whose transfer the scheme provides.

Crossrail Bill
Schedule 12 — Transfer schemes
Part 4 — General provisions about transfer schemes
199

      (3)
A scheme may contain provision for—
(a)
the creation of an interest in property, or
(b)
the creation of a right in relation to property,

to take effect as if there were no contravention or liability, or interference
with any interest or right, that there would otherwise be by reason of a
5
provision falling within sub-paragraph (4) or (5).
      (4)
A provision falls within this sub-paragraph if it has effect (whether under an
enactment or agreement or otherwise) in relation to the terms on which the
transferor is entitled to the property.
      (5)
A provision falls within this sub-paragraph if it has effect (whether under an
10
enactment or agreement or otherwise) in relation to the terms on which a
subsidiary of the transferor is entitled or subject to anything immediately
before the creation of the interest or right takes effect.
Transfer of shares in subsidiary of transferor
8     (1)
This paragraph applies where a scheme provides for the transfer of shares in
15
a subsidiary of the transferor.
      (2)
The scheme may contain provision for the transfer to take effect as if there
were no contravention or liability, or interference with any interest or right,
that there would otherwise be by reason of a provision falling within sub-
paragraph (3), but this is without prejudice to paragraph 7(1).
20
      (3)
A provision falls within this sub-paragraph if it has effect (whether under an
enactment or agreement or otherwise) in relation to the terms on which the
subsidiary is entitled or subject to anything immediately before the transfer
takes effect.
Scheme may modify interests, rights and liabilities of third parties
25
9     (1)
A scheme may contain provision for interests, rights or liabilities of third
parties in relation to anything to which the scheme relates to be modified in
the manner set out in the scheme.
      (2)
In sub-paragraph (1) “third party”, in relation to a scheme, means a person
who is neither the transferor nor a transferee.
30
10    (1)
Sub-paragraph (2) applies where (apart from that sub-paragraph) a person
would have a triggered entitlement in consequence of—
(a)
property, rights or liabilities having been, or being likely to be,
transferred by the operation of paragraph 13(1) in relation to a
scheme,
35
(b)
interests, rights or liabilities having been, or being likely to be,
created by the operation of paragraph 13(1) in relation to a scheme,
or
(c)
anything else having been done, or being likely to be done, by or
under a scheme.
40
      (2)
That triggered entitlement shall, as respects the interest or right to which it
relates, be enforceable in consequence of the circumstances mentioned in
sub-paragraph (1)(a), (b) or (c) to the extent only that the scheme provides
for it to be so enforceable.

Crossrail Bill
Schedule 12 — Transfer schemes
Part 4 — General provisions about transfer schemes
200

      (3)
In this paragraph “triggered entitlement”, in relation to a scheme, means an
entitlement—
(a)
to terminate, modify, acquire or claim an interest or right to which
the transferor, or a subsidiary of the transferor, is entitled or subject,
or
5
(b)
to treat an interest or right to which the transferor, or a subsidiary of
the transferor, is entitled or subject as modified or terminated.
Scheme may impose obligations to enter into agreements or execute instruments
11    (1)
A scheme may contain provision for imposing, on the transferor or a
transferee, obligations—
10
(a)
to enter into agreements with, or
(b)
to execute instruments in favour of,

persons specified in the scheme.
      (2)
The persons who may be so specified are—
(a)
a transferee;
15
(b)
the transferor;
(c)
any person other than the transferor or a transferee.
      (3)
Sub-paragraphs (4) to (7) apply where a scheme contains provision for
imposing an obligation of the kind mentioned in sub-paragraph (1).
      (4)
The scheme must specify or describe the agreement or instrument to which
20
the obligation relates.
      (5)
The obligation may be enforced in any authorised way by the person—
(a)
with whom the agreement is to be entered into, or
(b)
in favour of whom the instrument is to be executed.
      (6)
In sub-paragraph (5) “enforced in any authorised way” means—
25
(a)
enforced in civil proceedings for an injunction,
(b)
enforced in civil proceedings for any other appropriate remedy or
relief, or
(c)
enforced in any other way authorised by the scheme.
      (7)
The scheme may provide for sub-paragraph (6)(a) or (b)—
30
(a)
not to apply in relation to the obligation, or
(b)
to apply in relation to the obligation subject to restrictions imposed
by the scheme.
Supplementary provisions of schemes
12    (1)
A scheme may make such incidental, supplementary, consequential and
35
transitional provision as the Secretary of State considers appropriate.
      (2)
The provision under sub-paragraph (1) that may be made by a scheme
includes (in particular)—
(a)
provision saving the effect of things done by or in relation to the
transferor,
40
(b)
provision for a transferee to be treated as the same person in law as
the transferor,