Crossrail Bill

House of Commons

Session 2006 - 07
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Crossrail Bill

Crossrail Bill
Schedule 16 — Protective provisions
Part 1 — Protection for highways and traffic
215

Schedule 16
Section 58

Protective provisions
Part 1
Protection for highways and traffic
1     (1)
The following provisions of this Part shall, unless otherwise agreed in
5
writing between the nominated undertaker and the highway authority
concerned, have effect for the protection of highway authorities.
      (2)
In this Part—
"plans" includes sections and specifications; and
"property of the highway authority" means any apparatus of the
10
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
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
15
writing and subject to such reasonable terms and conditions as the highway
authority may require, but shall not be unreasonably withheld.
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
20
reasonably practicable.
4
The nominated undertaker shall not, without the consent of the highway
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
25
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
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
30
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.
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
bridge, carrying any part of the works authorised by this Act over a highway
35
or carrying a highway over any part of those works; and any such new
bridge, or (as the case may be) any bridge so extended or altered, is in this
paragraph referred to as "the bridge".
      (2)
Before commencing the construction of, or the carrying out of any work in
connection with, the bridge which involves interference with a highway, the
40
nominated undertaker shall submit to the highway authority for its
approval plans, drawings and particulars (in this paragraph referred to as
"plans") relating thereto, and the bridge shall not be constructed and the
works shall not be carried out except in accordance with the plans submitted
to, and approved by, the highway authority.
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Schedule 16 — Protective provisions
Part 1 — Protection for highways and traffic
216

      (3)
If within 28 days after the plans have been submitted the highway authority
has not approved or disapproved them, it shall be deemed to have approved
the plans as submitted.
      (4)
If the bridge carries any part of the works authorised by this Act over any
highway—
5
(a)
it shall be constructed in such manner as to prevent so far as may be
reasonably practicable the dripping of water from the bridge, and
(b)
the highway authority may, at the cost of the nominated undertaker,
provide and place such lamps and apparatus as may from time to
time be reasonably necessary for efficiently lighting any highway
10
under or in the vicinity of the bridge.
7
The nominated undertaker shall secure that so much of the works
authorised by this Act as is constructed under any highway shall be so
designed, constructed and maintained as to carry the appropriate loading
recommended for highway bridges by the Secretary of State at the time of
15
construction of the works, and the nominated undertaker shall indemnify
the highway authority against, and make good to the highway authority, the
expenses which the highway authority may reasonably incur in the
maintenance or repair of any highway, or any tunnels, sewers, drains or
apparatus therein, by reason of non-compliance with the provisions of this
20
paragraph.
8
Any officer of the highway authority duly appointed for the purpose may at
all reasonable times, on giving to the nominated undertaker such notice as
may in the circumstances be reasonable, enter upon and inspect any part of
the works authorised by this Act which—
25
(a)
is in, over or under any highway, or
(b)
which may affect any highway or any property of the highway
authority,

during the carrying out of the work, and the nominated undertaker shall
give to such officer all reasonable facilities for such inspection and, if he shall
30
be of the opinion that the construction of the work is attended with danger
to any highway or to any property of the highway authority on or under any
highway, the nominated undertaker shall adopt such measures and
precautions as may be reasonably practicable for the purpose of preventing
any damage or injury to the highway.
35
9     (1)
The nominated undertaker shall not alter, disturb or in any way interfere
with any property of the highway authority on or under any highway, or the
access thereto, without the consent of the highway authority, and any
alteration, diversion, replacement or reconstruction of any such property
which may be necessary shall be made by the highway authority or the
40
nominated undertaker as the highway authority thinks fit, and the expense
reasonably incurred by the highway authority in so doing shall be repaid to
the highway authority by the nominated undertaker.
      (2)
If within 28 days after a request for consent has been submitted the highway
authority has not given or refused such consent, it shall be deemed to have
45
consented to the request as submitted.
10
The nominated undertaker shall not remove any soil or material from any
highway except so much as must be excavated in the carrying out of the
works authorised by this Act.

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Schedule 16 — Protective provisions
Part 1 — Protection for highways and traffic
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11    (1)
If the highway authority, after giving to the nominated undertaker not less
than 28 days' notice (or, in case of emergency, such notice as is reasonably
practicable) of its intention to do so, incurs any additional expense in the
signposting of traffic diversions or the taking of other measures in relation
thereto, or in the repair of any highway by reason of the diversion thereto of
5
traffic from a road of a higher standard, in consequence of the construction
of the works authorised by this Act, the nominated undertaker shall repay
to the highway authority the amount of any such expense reasonably so
incurred.
      (2)
An amount which apart from this sub-paragraph would be payable to the
10
highway authority by virtue of this paragraph in respect of the repair of any
highway shall, if the highway fell or would have fallen due for repair as part
of the maintenance programme of the highway authority at any time within
ten years of the repair being carried out by the nominated undertaker, so as
to confer on the highway authority financial benefit (whether by securing
15
the completion of overdue maintenance work for which the highway
authority is liable or by deferment of the time for such work in the ordinary
course), be reduced by the amount which represents that benefit.
12    (1)
The nominated undertaker shall not, except with the consent of the highway
authority, deposit any soil or materials, or stand any plant, on or over any
20
highway so as to obstruct or render less safe the use of the highway by any
person, or, except with the like consent, deposit any soil or materials on any
highway outside a hoarding, but if within 28 days after request for it any
such consent is neither given nor refused it shall be deemed to have been
given.
25
      (2)
The expense reasonably incurred by the highway authority in removing any
soil or materials deposited on any highway in contravention of this
paragraph shall be repaid to the highway authority by the nominated
undertaker.
13
The nominated undertaker shall not, except with the consent of the highway
30
authority, erect or retain on or over a highway to which the public continues
to have access any scaffolding or other structure which obstructs the
highway, unless the structure comprises screening which has been
approved under Schedule 7, but if within 28 days after a request for it such
consent is neither given nor refused it shall be deemed to have been given.
35
14
The nominated undertaker shall, if reasonably so required by the highway
authority, provide and maintain to the reasonable satisfaction of the
highway authority, during such time as the nominated undertaker may
occupy any part of a highway for the purpose of the construction of any part
of the works authorised by this Act, temporary bridges and temporary
40
ramps for vehicular or pedestrian traffic over any part of the works or in
such other position as may be necessary to prevent undue interference with
the flow of traffic in the highway.
15    (1)
Where any part of any highway has been broken up or disturbed by the
nominated undertaker and not permanently stopped up or diverted, the
45
nominated undertaker shall make good the subsoil, foundations and surface
of that part of the highway to the reasonable satisfaction of the highway
authority, and shall maintain the same to the reasonable satisfaction of the
highway authority for such time as may reasonably be required for the
permanent reinstatement of the highway.
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Schedule 16 — Protective provisions
Part 2 — Protection for electricity, gas, water and sewerage undertakers
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      (2)
The reinstatement of that part of the highway shall be carried out by the
nominated undertaker to the reasonable satisfaction of the highway
authority in accordance with such requirements as to specification of
material and standards of workmanship as may be prescribed for equivalent
reinstatement work by regulations made under section 71 of the New Roads
5
and Street Works Act 1991 (c. 22).
16
If any damage to any highway or any property of the highway authority on
or under any highway is caused by, or results from, the construction of any
work authorised by this Act or any act or omission of the nominated
undertaker, its contractors, agents or employees whilst engaged upon such
10
work, the nominated undertaker may, in the case of damage to a highway,
make good such damage to the reasonable satisfaction of the highway
authority and, where the nominated undertaker does not make good, or in
the case of damage to property of the highway authority, the nominated
undertaker shall make compensation to the highway authority.
15
17
The fact that any act or thing may have been done in accordance with plans
approved by the highway authority shall not (if it was not attributable to the
act, neglect or default of the highway authority or of any person in its
employ or its contractors or agents) exonerate the nominated undertaker
from any liability, or affect any claim for damages, under this Part or
20
otherwise.
18    (1)
Any dispute arising between the nominated undertaker and the highway
authority under this Part shall be determined by arbitration if—
(a)
the parties agree, or
(b)
the dispute relates to the amount of any sum payable under this Part,
25

but shall otherwise by determined by a person appointed by the Secretary of
State.
      (2)
Any person appointed by the Secretary of State under sub-paragraph (1)
shall, in determining any dispute arising under this Part, have regard to such
matters as may be specified by the Secretary of State on making the
30
appointment.
Part 2
Protection for electricity, gas, water and sewerage undertakers
1     (1)
The following provisions of this Part shall, unless otherwise agreed in
writing between the nominated undertaker, or the Secretary of State as the
35
case may be, and the undertakers concerned, have effect.
      (2)
In this Part—
"alternative apparatus" means alternative apparatus adequate to enable
the undertakers to fulfil their functions as effectively as is achievable
using the apparatus which the alternative apparatus is to replace;
40
"apparatus" means—
(a)
in the case of electricity undertakers, electric lines or electrical
plant (as defined in the Electricity Act 1989 (c. 29) ) belonging
to, or maintained by, such undertakers;
(b)
in the case of gas undertakers, mains, pipes or other
45
apparatus belonging to, or maintained by, a gas transporter
for the purposes of the conveyance or storage of gas;

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Schedule 16 — Protective provisions
Part 2 — Protection for electricity, gas, water and sewerage undertakers
219

(c)
in the case of water undertakers, mains, pipes or other
apparatus belonging to, or maintained by, such undertakers
for the purposes of water supply; and
(d)
in the case of sewerage undertakers, any sewer, drain or
works vested in a sewerage undertaker under the Water
5
Industry Act 1991 (c. 56) and includes a sludge main, disposal
main (within the meaning of section 219 of that Act) or sewer
outfall and any manholes, ventilating shafts, pumps or other
accessories forming part of any such sewer, drain or works;
(not being, except in paragraph 9(3) and 10, apparatus in respect of
10
which the relations between the nominated undertaker and the
undertakers are regulated by the provisions of Part 3 of the New
Roads and Street Works Act 1991 (c. 22)) and includes any structure
for the lodging therein of apparatus or for giving access to apparatus;
"construction" includes execution, placing, altering, replacing, relaying
15
and removal and, in its application to works which include or
comprise any operation, means the carrying out of that operation;
"functions" includes powers and duties;
"in" in a context referring to apparatus in land includes under, over,
across, along or upon land;
20
"plans" includes sections and method statements;
"service obligations" means any service obligation imposed on the
undertakers by or under the enactments authorising them to carry on
their respective undertakings; and
"undertakers" means any of the following, namely, a licence holder
25
within the meaning of Part 1of the Electricity Act 1989 (c. 29), a gas
transporter within the meaning of Part 1 of the Gas Act 1986 (c. 44),
a water undertaker within the meaning of the Water Industry Act
1991, a sewerage undertaker within Part 1 of that Act and any local
authority which is a relevant authority for the purposes of section 97
30
of that Act; and, in relation to any apparatus, means the undertaker
to whom it belongs or by whom it is maintained.
2     (1)
The following provisions of this paragraph have effect in any case where the
Secretary of State or the nominated undertaker, in exercise of the powers of
this Act, acquires any interest in or temporarily occupies any land in which
35
apparatus is placed.
      (2)
Unless a certificate is issued by the appropriate Ministers under sub-
paragraph (3) the apparatus shall not be removed under this Part, and any
right of the undertakers to maintain, repair, renew, adjust, alter or inspect
the apparatus in that land shall not be extinguished until any necessary
40
alternative apparatus has been constructed and is in operation to the
reasonable satisfaction of the undertakers.
      (3)
Where the appropriate Ministers certify in relation to any apparatus that—
(a)
failure to remove the apparatus would cause undue delay to the
construction of the scheduled works, and
45
(b)
the removal of the apparatus before the provision of alternative
apparatus in accordance with this paragraph would not
substantially prejudice the ability of the undertakers to meet any
relevant service obligations,

that apparatus may be removed (or required by the nominated undertaker
50
to be removed) under this Part before any necessary alternative apparatus

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Schedule 16 — Protective provisions
Part 2 — Protection for electricity, gas, water and sewerage undertakers
220

has been constructed or is in operation to the reasonable satisfaction of the
undertakers.
      (4)
In this paragraph "appropriate Ministers" means the Secretary of State for
Transport acting jointly with either the Secretary of State for Environment,
Food and Rural Affairs or the Secretary of State for Business, Enterprise and
5
Regulatory Reform.
3     (1)
This paragraph applies where—
(a)
the nominated undertaker for the purpose of constructing any work
authorised by this Act in, on or under any land, requires the removal
of any apparatus placed in that land, and gives the undertakers not
10
less than 28 days' written notice of that requirement, together with a
plan of the proposed work, and of the proposed position of the
alternative apparatus to be provided or constructed, or
(b)
in consequence of the exercise of any of the powers of this Act, the
undertakers reasonably require to remove any apparatus.
15
      (2)
Subject to sub-paragraph (3), the nominated undertaker or the Secretary of
State shall afford the undertakers the requisite facilities and rights for the
construction of any necessary alternative apparatus in other land which is
available for the purpose and which is held or used, or intended for use, by
the nominated undertaker for the purposes of its undertaking under this Act
20
or held by the Secretary of State, or in which either of them has sufficient
rights or interests and thereafter for the maintenance, repair, renewal and
inspection of such apparatus.
      (3)
Sub-paragraph (4) applies where facilities and rights required for the
construction of apparatus under sub-paragraph (2) are to be afforded
25
elsewhere than in such other land and neither the nominated undertaker nor
the Secretary of State is able to afford such facilities and rights.
      (4)
The undertakers shall, on receipt of a written notice from the nominated
undertaker that this sub-paragraph applies, forthwith use their best
endeavours to obtain the necessary facilities and rights; and neither the
30
nominated undertaker nor the Secretary of State shall be under an obligation
as to the provision of such facilities and rights in the other land.
4     (1)
Any alternative apparatus to be constructed by the undertakers in
pursuance of paragraph 3 in land held or used, or intended for use, by the
nominated undertaker for the purposes of its undertaking under this Act or
35
held by the Secretary of State, or in which the undertakers have obtained the
necessary facilities and rights, shall be constructed in such manner, and in
such line or situation and in accordance with such programme, as is—
(a)
agreed between the undertakers and the nominated undertaker with
a view to securing, among other things, the efficient implementation
40
of the necessary work, the avoidance of unnecessary delay and the
continued fulfilment by the undertakers of their service obligations
to a standard no less than that achieved prior to the removal of the
apparatus which the alternative apparatus replaces or,
(b)
in default of agreement, determined in accordance with paragraph
45
13.
      (2)
If the undertakers fail to comply with an agreement made under sub-
paragraph (1), or with a determination under paragraph 13, they shall be
liable to compensate the nominated undertaker in respect of any loss or
damage (other than loss of, or arising from delayed receipt of, operating
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Schedule 16 — Protective provisions
Part 2 — Protection for electricity, gas, water and sewerage undertakers
221

revenue due to delayed opening of Crossrail) directly resulting from the
failure.
5     (1)
The undertakers shall, after—
(a)
the manner of construction and the line and situation of any
necessary alternative apparatus have been agreed or determined as
5
aforesaid, and
(b)
any such facilities and rights as are referred to in paragraph 3 have
been granted to or obtained by the undertakers, or an undertaking
has been given that such facilities or rights will be granted,

proceed with all reasonable despatch to construct and bring into operation
10
the alternative apparatus and to remove any apparatus required by the
nominated undertaker to be removed under the provisions of this Part and,
in default, the nominated undertaker may remove that apparatus.
      (2)
Following the removal of that apparatus under the provisions of this Part or
abandonment any rights of the undertakers relating to that apparatus in or
15
over the land in which it was or is situated shall be extinguished.
6     (1)
If the nominated undertaker gives notice in writing to the undertakers that
it desires to carry out any part of so much of the work necessary in
connection with the construction of the alternative apparatus, or the removal
of the apparatus required to be removed, as is or will be situate in any lands
20
held or used, or intended for use, by the nominated undertaker for the
purposes of its undertaking under this Act or held by the Secretary of State,
such work, instead of being carried out by the undertakers, shall be carried
out by the nominated undertaker in accordance with plans and
specifications and in a position agreed between the undertakers and the
25
nominated undertaker, or, in default of agreement, determined in
accordance with paragraph 13, with all reasonable despatch under the
superintendence (if given) and to the reasonable satisfaction of the
undertakers.
      (2)
Nothing in this paragraph shall authorise the nominated undertaker to carry
30
out any connection to or disconnection of any existing apparatus or to carry
out any works associated with a connection or disconnection within 600
millimetres of the point of connection or disconnection.
7     (1)
Where, in accordance with the provisions of this Part, the nominated
undertaker or the Secretary of State affords to the undertakers facilities and
35
rights for the construction, maintenance, repair, renewal and inspection on
land held or used, or intended for use, by the nominated undertaker for the
purposes of its undertaking under this Act or held by the Secretary of State
of alternative apparatus, those facilities and rights shall be granted upon
such terms and conditions as may be agreed between the nominated
40
undertaker or, as the case may be, the Secretary of State, and the undertakers
or, in default of agreement, determined in accordance with paragraph 13.
      (2)
In determining such terms and conditions as aforesaid in respect of
alternative apparatus to be constructed across or along any works
authorised by this Act, a person making a determination under paragraph
45
13 shall—
(a)
give effect to all reasonable requirements of the nominated
undertaker for ensuring the safety and efficient operation of those
works and for securing any subsequent alterations or adaptations of
the alternative apparatus which may be required to prevent
50