|
| |
| |
(7) | The agreement may be amended or revoked by an agreement between the |
| |
Secretary of State and the owner of the interest to which the agreement relates. |
| |
(8) | Where the agreement is amended under subsection (7), subsections (2), (3) and |
| |
(5) to (7) shall have effect as if references to the agreement were references to |
| |
the agreement as amended. |
| 5 |
(9) | Where the agreement is revoked under subsection (7), this section shall cease |
| |
to apply by virtue of the agreement. |
| |
(10) | The agreement, and any variation of it under subsection (7), shall be a local |
| |
| |
| 10 |
(a) | has been entered into before the day on which this Act is passed, and |
| |
(b) | is in force immediately before that day, |
| |
shall be treated for the purposes of this section as having been entered into on |
| |
| |
(12) | In this section “owner”, in relation to any land, includes a person holding or |
| 15 |
entitled to the rents and profits of the land under a lease or agreement the |
| |
unexpired term of which does not exceed 3 years. |
| |
56 | Application of Act to extensions |
| |
(1) | Subsection (2) applies to an order under section 1 of the Transport and Works |
| |
Act 1992 (c. 42) (orders as to railways etc.) which relates to— |
| 20 |
(a) | an extension of Crossrail, or |
| |
(b) | the provision, otherwise than as part of an extension of Crossrail, of a |
| |
railway facility for use for the purposes of or in connection with |
| |
| |
(2) | An order to which this subsection applies may apply any provision of this Act, |
| 25 |
with any modifications, in relation to anything authorised by the order, so far |
| |
as relating to a matter mentioned in subsection (1)(a) or (b). |
| |
(3) | An order under section 1 of the Transport and Works Act 1992 which relates to |
| |
an extension of Crossrail may also provide for any provision of this Act to have |
| |
effect as if Crossrail included the extension. |
| 30 |
(4) | The following provisions are excepted from the power conferred by subsection |
| |
| |
| |
paragraphs 18 and 19 of Schedule 6, |
| |
| 35 |
| |
(5) | In subsection (1)(b), “railway facility” has the same meaning as in Part 1 of the |
| |
Railways Act 1993 (c. 43). |
| |
57 | Reinstatement of discontinued facilities |
| |
Schedule 15 (which authorises the reinstatement of discontinued facilities and |
| 40 |
makes provision with respect to planning conditions) has effect. |
| |
| |
| |
|
| |
| |
58 | Protection of interests |
| |
Schedule 16 has effect for protecting the interests of the bodies and persons |
| |
specified in that Schedule (being bodies and persons who may be affected by |
| |
other provisions of this Act). |
| |
59 | Power to devolve functions of Secretary of State |
| 5 |
(1) | The Secretary of State may by order provide for a reference in a qualifying |
| |
provision of this Act to the Secretary of State to have effect as a reference— |
| |
(a) | to the Greater London Authority, |
| |
(b) | to Transport for London, or |
| |
(c) | to the Greater London Authority and Transport for London. |
| 10 |
(2) | The Secretary of State may fetter the exercise of his discretion under subsection |
| |
(1) by agreement with the Mayor of London or Transport for London. |
| |
(3) | An order under subsection (1) may— |
| |
(a) | make provision applying for all purposes or for one or more particular |
| |
| 15 |
(b) | contain such supplementary, incidental, consequential or transitional |
| |
provision as the Secretary of State considers necessary or expedient in |
| |
connection with the order. |
| |
(4) | The provision which may be made by virtue of subsection (3)(b) includes |
| |
provision modifying any provision of this Act. |
| 20 |
(5) | The power to make an order under subsection (1) shall be exercisable by |
| |
| |
(6) | A statutory instrument containing an order under subsection (1) shall be laid |
| |
before Parliament after being made. |
| |
(7) | The following provisions of this Act are qualifying provisions for the purposes |
| 25 |
| |
sections 6(1), 7(1) and (2), 8(1), (3) and (4), 9(1), 25(6), 43(1) to (4), 47(1) to |
| |
(4) and (7), 50, 52, 55(1) and (7) and 60(1) and (4); |
| |
paragraphs 1(2)(d) and 3(1), (4) and (5) of Schedule 3; |
| |
paragraphs 13(1), 14(2), (4) and (5), 16 and 18(2) to (4) of Schedule 6; |
| 30 |
paragraphs 4(1), 7(3), 8(1), 12(2) and 17(2) of Schedule 13; |
| |
paragraphs 1(1), 3(2) to (4), 4(1), 6(1) and 7(1) and (3) of Part 2 of Schedule |
| |
| |
paragraphs 1(1) and 2 of Part 5 of Schedule 16. |
| |
60 | Correction of deposited plans |
| 35 |
(1) | If the deposited plans or the book of reference to those plans are inaccurate in |
| |
their description of any land, or in their statement or description of the |
| |
ownership or occupation of any land, the Secretary of State, after giving not |
| |
less than 10 days’ notice to the owners and occupiers of the land in question, |
| |
may apply to two justices having jurisdiction in the place where the land is |
| 40 |
situated for the correction of the plans or book of reference. |
| |
(2) | If on such application it appears to the justices that the misstatement or wrong |
| |
description arose from mistake or inadvertence, the justices shall certify |
| |
| |
| |
|
| |
| |
accordingly and shall in their certificate state in what respect a matter is |
| |
misstated or wrongly described. |
| |
(3) | A certificate under subsection (2) shall be deposited in the office of the Clerk of |
| |
the Parliaments and a copy of it shall be deposited— |
| |
(a) | in the Private Bill Office of the House of Commons, and |
| 5 |
(b) | with the proper officer of each local authority in whose area the land to |
| |
which the certificate relates is situated. |
| |
(4) | Upon deposit of a certificate in accordance with subsection (3), the deposited |
| |
plans or the book of reference shall be deemed to be corrected according to the |
| |
certificate and it shall be lawful for the Secretary of State, in accordance with |
| 10 |
the certificate, to proceed under this Act as if the deposited plans or book of |
| |
reference had always been in the corrected form. |
| |
(5) | A copy certificate deposited under subsection (3) shall be kept with the |
| |
documents to which it relates. |
| |
(6) | A justice of the peace may act under this section in relation to land which is |
| 15 |
partly in one area and partly in another if he may act in respect of land in either |
| |
| |
| |
“book of reference” means the book deposited in connection with the |
| |
Crossrail Bill in the office of the Clerk of the Parliaments and the Private |
| 20 |
Bill Office of the House of Commons in February 2005, together with |
| |
the books so deposited on 18th January, 9th May, 7th November 2006 |
| |
| |
| |
(a) | in relation to land situated in the area of a unitary authority, that |
| 25 |
| |
(b) | in relation to land not situated in the area of a unitary authority, |
| |
the county council for the area. |
| |
| |
(1) | Any document required or authorised to be served on any person under this |
| 30 |
| |
(a) | by delivering it to him or by leaving it at his proper address or by |
| |
sending it by post to him at that address, |
| |
(b) | if the person is a body corporate, by serving it in accordance with |
| |
paragraph (a) on the secretary of that body, or |
| 35 |
(c) | if the person is a partnership, by serving it in accordance with |
| |
paragraph (a) on a partner or a person having control or management |
| |
of the partnership business. |
| |
(2) | For the purposes of this section and section 7 of the Interpretation Act 1978 |
| |
(c. 30) (which relates to the service of documents by post) in its application to |
| 40 |
this section, the proper address of any person on whom a document is to be |
| |
served shall be his last known address, except that— |
| |
(a) | in the case of service on a body corporate or its secretary, it shall be the |
| |
address of the registered or principal office of the body; |
| |
(b) | in the case of service on a partnership or a partner or a person having |
| 45 |
control or management of a partnership business, it shall be the address |
| |
of the principal office of the partnership. |
| |
| |
| |
|
| |
| |
(3) | For the purposes of subsection (2), the principal office of a company registered |
| |
outside the United Kingdom, or of a partnership carrying on business outside |
| |
the United Kingdom, is its principal office within the United Kingdom. |
| |
(4) | If a person to be served under this Act with any document by another has |
| |
specified to that other an address within the United Kingdom other than his |
| 5 |
proper address (as determined under subsection (2)) as the one at which he, or |
| |
someone on his behalf, will accept documents of the same description as that |
| |
document, that address shall also be treated as his proper address for the |
| |
purposes of this section and for the purposes of section 7 of the Interpretation |
| |
Act 1978 (c. 30) in its application to this section. |
| 10 |
(5) | Where a document is required or authorised to be served under this Act on a |
| |
person in his capacity as the owner of an interest in, or occupier of, any land |
| |
and his name or address cannot be ascertained after reasonable enquiry, the |
| |
document may be served by addressing it to him by name or by the description |
| |
of “owner” or “occupier”, as the case may be, of the land and— |
| 15 |
(a) | leaving it with a person who is, or appears to be, resident or employed |
| |
| |
(b) | leaving it conspicuously affixed to some building or object on or near |
| |
| |
(6) | In this section, “secretary”, in relation to a local authority within the meaning |
| 20 |
of the Local Government Act 1972 (c. 70), means the proper officer within the |
| |
| |
| |
(1) | Where under this Act any difference is to be referred to arbitration, the |
| |
difference shall be referred to, and settled by, a single arbitrator to be agreed |
| 25 |
between the parties or, in default of agreement, to be appointed on the |
| |
application of either party, after notice in writing to the other, by the President |
| |
of the Institution of Civil Engineers. |
| |
(2) | Subsection (3) applies where— |
| |
(a) | a party has under subsection (1) applied for the arbitrator to be |
| 30 |
appointed by the President of the Institution of Civil Engineers, and |
| |
(b) | the President notifies either of the parties that he is not going to appoint |
| |
an arbitrator under subsection (1). |
| |
(3) | In default of agreement between the parties as to who in the circumstances |
| |
should be the arbitrator, the arbitrator is to be appointed on the application of |
| 35 |
either party, after notice in writing to the other, by the Office of Rail Regulation. |
| |
(4) | The Office of Rail Regulation may under subsection (3) appoint as the |
| |
arbitrator a member or employee of that Office. |
| |
(5) | The Secretary of State for Communities and Local Government and the |
| |
Secretary of State for Transport acting jointly may by rules made by statutory |
| 40 |
instrument make provision about procedure in relation to arbitration under |
| |
| |
63 | “Deposited plans”, “deposited sections” |
| |
(1) | In this Act, “deposited plans” and “deposited sections” mean, respectively, the |
| |
plans and sections deposited in connection with the Crossrail Bill in the office |
| 45 |
| |
| |
|
| |
| |
of the Clerk of the Parliaments and the Private Bill Office of the House of |
| |
| |
(2) | The plans and sections referred to in subsection (1) are— |
| |
(a) | those deposited in February 2005, as altered by replacement Sheets |
| |
Nos. 11, 17, 23, 43, 44, 113, 114, 152, 158, 180, 181 and 193 deposited in |
| 5 |
January 2006, replacement Sheets Nos. 4, 26, 33, 46, 48, 102, 155, 156, 180 |
| |
and 206 deposited in May 2006, replacement Sheets Nos. 1 to 6, 9, 10, |
| |
13, 17, 21, 22, 25, 32, 47, 59 to 62, 70, 86, 112, 121, 128 to 130 and 162 to |
| |
164 deposited in November 2006, replacement Sheets Nos. 30 to 37 and |
| |
169 to 174 deposited in May 2007 and consolidated replacement Sheets |
| 10 |
Nos. 14, 15, 155 and 156 deposited in July 2007, |
| |
(b) | Sheet No. 244 deposited in January 2006, |
| |
(c) | Sheets Nos. 25a, 246 to 257 and 259 to 275 deposited in November 2006, |
| |
| |
(d) | consolidated replacement Sheet No. 245 deposited in July 2007. |
| 15 |
| |
| |
“bridleway”, “carriageway”, “footpath”, “footway”, highway”, “highway |
| |
authority” and “local highway authority” have the same meanings as in |
| |
the Highways Act 1980 (c. 66); |
| 20 |
“burial ground” means a churchyard, cemetery or other ground, whether |
| |
consecrated or not, which has at any time been set apart for the |
| |
| |
“development” has the same meaning as in the Town and Country |
| |
Planning Act 1990 (c. 8); |
| 25 |
“the EIA regulations” has the meaning given by section 10(9); |
| |
“limits of deviation” means the limits of deviation which are shown on the |
| |
| |
“limits of land to be acquired or used” means the limits of land to be |
| |
acquired or used which are shown on the deposited plans; |
| 30 |
“owner” (except in the expression “facility owner”) has the same meaning |
| |
as in the Acquisition of Land Act 1981 (c. 67); |
| |
“scheduled works” has the meaning given by section 1(1); |
| |
“unitary authority” means— |
| |
(a) | the council of any county so far as it is the council for an area for |
| 35 |
which there are no district councils; |
| |
(b) | the council of any district comprised in an area for which there |
| |
| |
(c) | the council of a London borough; |
| |
(d) | the Common Council of the City of London. |
| 40 |
(2) | References in this Act to Crossrail are to a railway transport system running |
| |
from Maidenhead, in the County of Berkshire, and Heathrow Airport, in the |
| |
London Borough of Hillingdon, through central London to Shenfield, in the |
| |
County of Essex, and Abbey Wood, in the London Borough of Greenwich. |
| |
(3) | References in this Act to land within the relevant limits are to land within the |
| 45 |
limits of deviation for the scheduled works or within the limits of land to be |
| |
| |
| |
| |
|
| |
| |
(4) | References in this Act to the nominated undertaker shall be construed in |
| |
accordance with section 47. |
| |
| |
(a) | a reference to a highway or any other place identified by letters and |
| |
numbers is a reference to the highway or place shown as such on the |
| 5 |
| |
(b) | a reference to a work identified by numbers (or numbers and a letter) is |
| |
a reference to the scheduled work of those numbers (or those numbers |
| |
| |
(c) | any reference in any description of works, powers or land to area, |
| 10 |
distance, length or direction, or to a particular location, shall be |
| |
construed as if qualified by the words “or thereabouts”; |
| |
(d) | reference to distance, in relation to points on a road or railway, is to |
| |
distance measured along the centre line of the road or railway. |
| |
(6) | For the purposes of this Act, the level of the surface of land shall be taken— |
| 15 |
(a) | in the case of land on which a building is erected, to be the level of the |
| |
surface of the ground adjoining the building, and |
| |
(b) | in the case of a watercourse or other area of water, to be the level of the |
| |
surface of the adjoining ground which is at all time above water level. |
| |
| 20 |
There shall be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by the Secretary of State in consequence of |
| |
| |
(b) | any increase attributable to this Act in the sums payable out of money |
| |
so provided under any other enactment. |
| 25 |
| |
This Act may be cited as the Crossrail Act 2008. |
| |
| |
| |
|
