Crossrail Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 2 — Works: further and supplementary provisions
61

Lane, passing north-westwards and terminating by a junction with
tracks within North Pole Railway Depot at a point 36 metres north-
west of its commencement;
Work No. 3/20C - A railway (51 metres in length) forming a reinstated
connection with the West London Railway, commencing by a
5
junction with that railway at a point 250 metres south-west of the
eastern abutment of the bridge carrying that railway over Scrubs
Lane, passing north-westwards and terminating by a junction with
tracks within North Pole Railway Depot at a point 51 metres north-
west of its commencement;
10

In the London Borough of Hammersmith & Fulham and the Royal Borough
of Kensington & Chelsea—
Work No. 3/20D- A railway (1,121 metres in length) commencing by a
junction with Transfer Siding No. 1 within North Pole Railway
Depot at a point 300 metres east of the eastern face of the bridge
15
carrying Scrubs Lane over the Reading Railway, passing eastwards
and terminating at a point beneath the bridge carrying Ladbroke
Grove over the Reading Railway. Work No. 3/20D includes
extension of an existing depot building;

In the Royal Borough of Kensington & Chelsea—
20
Work No. 3/20E- A railway (387 metres in length) commencing by a
junction with tracks within North Pole Railway Depot at a point 361
metres west of the Wheel Lathe Shed, passing eastwards and
terminating by a junction with Work No. 3/20D at a point 387 metres
east of its commencement;
25
Work No. 3/20F- A railway (567 metres in length) commencing by a
junction with tracks within North Pole Railway Depot at a point 225
metres west of the western portal of the Wheel Lathe Shed, passing
eastwards and terminating by a junction with Work No. 3/20D at a
point 81 metres west of the western face of the bridge carrying
30
Ladbroke Grove over the Reading Railway;
Work No. 3/20G- A railway (272 metres in length) commencing by a
junction with tracks within North Pole Railway Depot at a point 190
metres west of the western portal of the Wheel Lathe Shed, passing
eastwards and terminating at a point 272 metres east of its
35
commencement;
Work No. 3/20H- A railway (336 metres in length) forming a siding
within North Pole Railway Depot commencing by a junction with
Work No. 3/20G at a point 102 metres west of the Wheel Lathe Shed,
passing eastwards and terminating at a point 336 metres east of its
40
commencement. Work No. 3/20H includes a depot building.
Schedule 2
Section 2

Works: further and supplementary provisions
Additional works
1     (1)
The nominated undertaker may, for the purposes of or in connection with
45
the scheduled works or otherwise for the purposes of or in connection with

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Schedule 2 — Works: further and supplementary provisions
62

Crossrail, do any of the following within the limits of deviation for the
scheduled works or within the limits of land to be acquired or used—
(a)
carry out and maintain railway electrification and signalling works;
(b)
make, provide and maintain all such approaches, bridges, subways,
interchanges, roundabouts, turning places, lifts, stairs, escalators,
5
ramps, passages, means of access, shafts, buildings, apparatus, plant
and machinery as may be necessary or convenient,
(c)
construct, provide and maintain all such embankments, aprons,
abutments, retaining walls, wing walls, culverts and other works as
may be necessary or convenient,
10
(d)
alter or remove any structure erected upon any highway or adjoining
land,
(e)
alter, or alter the position of, railway track and any apparatus
associated with railway track,
(f)
alter, or alter the position of, other apparatus, including mains,
15
sewers, drains and cables,
(g)
alter the course of, or otherwise interfere with, non-navigable rivers,
streams or watercourses, and
(h)
carry out and maintain such other works, of whatever description, as
may be necessary or expedient.
20
      (2)
Sub-paragraph (1) shall not authorise the making of any cut for drainage
purposes which is more than 3.4 metres wide at the bottom.
Highway accesses
2     (1)
The nominated undertaker may, for the purposes of or in connection with
the works authorised by this Act or otherwise for the purposes of or in
25
connection with Crossrail—
(a)
form and lay out means of access, and
(b)
improve existing means of access,

at any place within the limits of deviation for the scheduled works or within
the limits of land to be acquired or used.
30
      (2)
In the case of works at a place shown on the deposited plans which require
the opening of an access onto, or the alteration of, a highway used by
vehicular traffic, the power under sub-paragraph (1) is exercisable on giving
at least 28 days’ notice to the highway authority.
      (3)
Works which are the subject of a notice under sub-paragraph (2) may not be
35
carried out at the place shown on the deposited plans if, within 28 days of
the giving of the notice, the highway authority objects to the works being
carried out there by giving the nominated undertaker notice to that effect.
      (4)
The only ground on which the highway authority may object under sub-
paragraph (3) is that works under sub-paragraph (1) should be carried out
40
instead at another place within the relevant limits to prevent or reduce—
(a)
injury to local amenity, or
(b)
prejudicial effects on road safety or on the free flow of traffic in the
local area,

and are reasonably capable of being carried out there.
45
      (5)
If, in the case of works under sub-paragraph (1) at a place shown on the
deposited plans, the works require the opening of an access onto, or the

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Schedule 2 — Works: further and supplementary provisions
63

alteration of, a highway used by vehicular traffic, they shall be carried out in
accordance with plans and specifications approved by the highway
authority at the request of the nominated undertaker.
      (6)
The only ground on which the highway authority may refuse to approve
plans or specifications for the purposes of sub-paragraph (5) is that they
5
ought to be modified to prevent or reduce—
(a)
injury to local amenity, or
(b)
prejudicial effects on road safety or on the free flow of traffic in the
local area,

and are reasonably capable of being so modified.
10
      (7)
Works under sub-paragraph (1) may only be carried out at a place not
shown on the deposited plans if the highway authority consents to the siting
of the works, such consent not to be unreasonably withheld.
      (8)
Works under sub-paragraph (1) at a place not shown on the deposited plans
shall be carried out in accordance with plans and specifications approved by
15
the highway authority at the request of the nominated undertaker, such
approval not to be unreasonably withheld.
      (9)
In considering whether to give its consent for the purposes of sub-paragraph
(7), or approval for the purposes of sub-paragraph (8), in a case where the
works require the opening of an access onto, or the alteration of, a highway
20
used by vehicular traffic, the highway authority shall have regard, in
particular, to effects on road safety and on the free flow of traffic in the local
area.
     (10)
If, on application by the nominated undertaker for the approval of plans or
specifications under sub-paragraph (5) or (8), the highway authority fails to
25
notify the nominated undertaker of its decision on the application before the
end of the period of 28 days beginning with the date on which the
application was made, it shall be deemed to have approved the plans or
specifications as submitted.
     (11)
If a highway authority which receives an application for consent under sub-
30
paragraph (7) fails to notify the applicant of its decision on the application
before the end of the period of 28 days beginning with the date on which the
application was made, it shall be deemed to have granted it.
     (12)
Where an objection under sub-paragraph (3) leads to the carrying out of
works under sub-paragraph (1) at a place not shown on the deposited plans,
35
sub-paragraphs (5), (7) and (8) shall have effect in relation to them as if the
place were shown on the deposited plans.
     (13)
Any dispute with a highway authority under this paragraph shall, if the
parties agree, be referred to arbitration, but shall otherwise be determined
by the Secretary of State.
40
Overhead line diversions
3
Without prejudice to paragraph 1(1)(f), the nominated undertaker may, for
the purposes of or in connection with the works authorised by this Act,
undertake the electric line diversions specified in the following table.

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Schedule 2 — Works: further and supplementary provisions
64

(1)
(2)
(3)

Area
Overhead line to be taken
New overhead line to be

down
provided

London Borough of
Overhead electric line
New overhead electric line

Newham
(PDK) between points E1,
to be provided on land

5

E2 and E3
within relevant limits

between points E1, E4 and

E3.

County of
Iver – Longford 132kV
New overhead electric lines

Buckinghamshire,
overhead electric line
to be provided on land

10

District of South
(PGB) between points EC1
within relevant limits

Bucks, Parish of Iver
and EC2.
between points EC1, EC3

and EC2 and between

points EC1, EC4 and EC2.

Mitigation and protection works
15
4
The nominated undertaker may within the limits of deviation for the
scheduled works or within the limits of land to be acquired or used—
(a)
carry out and maintain landscaping and other works to mitigate any
adverse effects of the construction, maintenance or operation of any
of the works authorised by this Act, and
20
(b)
carry out and maintain works for the benefit or protection of land
affected by any of the works authorised by this Act.
Support of buildings
5     (1)
This paragraph applies where it is necessary or expedient in consequence of
or in connection with the construction of any of the works authorised by this
25
Act to support or strengthen a building within the relevant distance of the
work.
      (2)
The nominated undertaker may support or strengthen the building on
giving at least 8 weeks’ notice to the owners and occupiers of the building of
its intention to do so.
30
      (3)
If, within 21 days of the giving of a notice under sub-paragraph (2), the
person to whom the notice has been given gives to the nominated
undertaker notice disputing that this paragraph applies, the question of its
application shall be referred to arbitration.
      (4)
If, under sub-paragraph (3), the arbitrator decides that this paragraph does
35
apply, he shall, if one of the parties to the dispute so requires, prescribe how
the supporting or strengthening is to be carried out.
      (5)
Where the supporting or strengthening of a building under this paragraph
cannot be carried out reasonably conveniently without entering land
adjacent to the building, the nominated undertaker may, on giving at least
40
14 days’ notice to the owners and occupiers of the adjacent land, enter the
land (but not any building on it) and carry out the work.
      (6)
In case of emergency, the power conferred by sub-paragraph (2) or (5) shall
be exercisable without notice.

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Schedule 2 — Works: further and supplementary provisions
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      (7)
For the purpose of deciding how to exercise its powers under this
paragraph, the nominated undertaker may at any reasonable time enter and
survey—
(a)
any building within the relevant distance of any of the works
authorised by this Act, or
5
(b)
any land adjacent to such a building (but not any building on any
such land).
      (8)
Section 6 of the Acquisition of Land Act 1981 (c. 67) (service of documents)
shall apply to the service of notices under this paragraph with, in subsection
(4), the substitution for the words from “authority” to “document is to be
10
served” of “nominated undertaker”.
      (9)
In this paragraph—
“building” includes any structure and, in the case of a work under the
surface of the ground, reference to a building within the relevant
distance of that work includes a reference to any building within the
15
relevant distance of any point on the surface below which the work
is situated,
“notice” means notice in writing, and
“relevant distance”, in relation to any work, means—
(a)
where the work relates to an underground railway, 50
20
metres, and
(b)
where it does not, 35 metres.
6     (1)
This paragraph applies where it is necessary or expedient in consequence of
or in connection with the construction of any of the works authorised by this
Act further to support or strengthen a building which has been supported or
25
strengthened under paragraph 5.
      (2)
The nominated undertaker may, at any time within the permitted period,
further support or strengthen the building on giving at least 8 weeks’ notice
to the owners and occupiers of the building of its intention to do so.
      (3)
If, within 21 days of the giving of a notice under sub-paragraph (2), the
30
person to whom the notice has been given gives to the nominated
undertaker notice disputing that this paragraph applies, the question of its
application shall be referred to arbitration.
      (4)
If, under sub-paragraph (3), the arbitrator decides that this paragraph does
apply, he shall, if one of the parties to the dispute so requires, prescribe how
35
the supporting or strengthening is to be carried out.
      (5)
Where the supporting or strengthening of a building under this paragraph
cannot be carried out reasonably conveniently without entering land
adjacent to the building, the nominated undertaker may, on giving at least
14 days’ notice to the owners and occupiers of the adjacent land, enter the
40
land (but not any building on it) and carry out the work.
      (6)
In case of emergency, the power conferred by sub-paragraph (2) or (5) shall
be exercisable without notice.
      (7)
For the purpose of deciding how to exercise its powers under this
paragraph, the nominated undertaker may at any reasonable time enter and
45
survey—
(a)
any building which has been supported or strengthened under
paragraph 5, or

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Schedule 2 — Works: further and supplementary provisions
66

(b)
any land adjacent to such a building (but not any building on any
such land).
      (8)
Section 6 of the Acquisition of Land Act 1981 (c. 67) (service of documents)
shall apply to the service of notices under this paragraph with, in subsection
(4), the substitution for the words from “authority” to “document is to be
5
served” of “nominated undertaker”.
      (9)
In sub-paragraph (2), the reference to the permitted period is to the period
beginning with the completion of the supporting or strengthening under
paragraph 5 and ending 5 years after the date on which the work which
necessitated the supporting or strengthening was brought into general use.
10
     (10)
In this paragraph, “notice” means notice in writing.
7     (1)
Where the nominated undertaker exercises any power under paragraph 5 or
6, it shall compensate the owners and occupiers of the building or land in
relation to which the power is exercised for any loss which they may suffer
by reason of the exercise of the power.
15
      (2)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (1), or as to the amount of the compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
      (3)
Nothing in this paragraph shall affect liability to pay compensation under
20
section 6 of the Railways Clauses Consolidation Act 1845 (c. 20), as
incorporated with this Act, or section 10(2) of the Compulsory Purchase Act
1965 (c. 56), as applied to the acquisition of land under section 6(1), or under
any other enactment, otherwise than for loss for which compensation is
payable under sub-paragraph (1).
25
Discharge of water
8     (1)
The nominated undertaker may use any watercourse or any public sewer or
drain for the drainage of water in connection with the construction or
maintenance of the works authorised by this Act and for that purpose may
lay down, take up and alter pipes and may, on any land within the limits of
30
deviation for the scheduled works or within the limits of land to be acquired
or used, make connections with the watercourse, sewer or drain.
      (2)
The nominated undertaker shall not discharge any water into any public
sewer or drain except with the consent of the person to whom it belongs; and
such consent may be given subject to such terms and conditions as that
35
person may reasonably impose but shall not be unreasonably withheld.
      (3)
The nominated undertaker shall not make any opening into any public
sewer or drain except in accordance with plans approved by, and under the
superintendence (if provided) of, the person to whom the sewer or drain
belongs, but such approval shall not be unreasonably withheld.
40
      (4)
The nominated undertaker shall not, in the exercise of the powers conferred
by this paragraph, damage or interfere with the beds or banks of any
watercourse forming part of a main river.
      (5)
The nominated undertaker shall take such steps as are reasonably
practicable to secure that any water discharged into a watercourse or public
45
sewer or drain under the powers conferred by this paragraph is as free as

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Schedule 2 — Works: further and supplementary provisions
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may be practicable from gravel, soil or other solid substance or oil or matter
in suspension.
      (6)
This paragraph does not authorise the doing of anything prohibited by
section 85(1), (2) or (3) of the Water Resources Act 1991 (c. 57) (offences of
polluting controlled waters).
5
      (7)
Any dispute as to the giving of consent under this paragraph shall, if the
parties agree, be referred to arbitration, but shall otherwise be determined
by the Secretary of State.
      (8)
In this paragraph—
(a)
“public sewer or drain” means a sewer or drain which belongs to a
10
sewerage undertaker, the Environment Agency, an internal drainage
board, a local authority, an urban development corporation or a
harbour authority within the meaning of the Harbours Act 1964
(c. 40),
(b)
“watercourse” includes rivers, streams, ditches, drains, cuts,
15
culverts, dykes, sluices, sewers and passages through which water
flows, except a public sewer or drain, and
(c)
other expressions used both in this paragraph and in the Water
Resources Act 1991 have the same meanings as in that Act.
Entry for preparatory purposes
20
9     (1)
The nominated undertaker may, for the purposes of this Act—
(a)
survey or investigate any land within the limits of deviation for the
scheduled works or within the limits of land to be acquired or used
or which may be affected by the works authorised by this Act,
(b)
without prejudice to the generality of paragraph (a), make trial holes
25
in such positions as it thinks fit on any such land to investigate the
nature of the surface layer and subsoil and remove soil samples,
(c)
without prejudice to the generality of paragraph (a), carry out
archaeological investigations on any such land,
(d)
take steps to protect or remove any flora or fauna on any such land
30
which may be affected by the carrying out of the works authorised
by this Act,
(e)
place on, leave on and remove from any such land apparatus for use
in connection with the exercise of any of the powers conferred by
paragraphs (a) to (d), and
35
(f)
enter on any such land for the purpose of exercising any of the
powers conferred by paragraphs (a) to (e).
      (2)
No land may be entered, or equipment placed or left on or removed from
land, under sub-paragraph (1) unless at least 7 days’ notice has been served
on every owner and occupier of the land.
40
      (3)
The power conferred by paragraph (f) of sub-paragraph (1) includes power
to enter with such vehicles and equipment as are necessary for the purpose
of exercising any of the other powers conferred by that sub-paragraph.
      (4)
Any person exercising the power conferred by sub-paragraph (1)(f) on
behalf of the nominated undertaker shall, if requested to do so, produce
45
written evidence of his authority.