Crossrail Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 3 — Highways
89

Street works
7     (1)
The nominated undertaker may, for the purposes of the works authorised by
this Act, enter upon any highway within the limits of deviation for the
scheduled works or within the limits of land to be acquired or used and—
(a)
place, maintain or alter, or change the position of, apparatus in it,
5
(b)
remove apparatus from it, and
(c)
execute any works required for, or incidental to, any works
authorised by paragraph (a) or (b).
      (2)
In this paragraph, “apparatus” has the same meaning as in Part 3 of the New
Roads and Street Works Act 1991 (c. 22).
10
8     (1)
Works to which sub-paragraph (2) below applies shall be treated for the
purposes of Part 3 of the New Roads and Street Works Act 1991 (street
works) as major transport works if—
(a)
they are of a description mentioned in any of paragraphs (a), (c) to
(e), (g) and (h) of section 86(3) of that Act (which defines what
15
highway authority works are major highway works), or
(b)
they are works which, had they been executed under the powers of
the highway authority, might have been carried out in exercise of the
powers conferred by section 64 (dual carriageways and
roundabouts) or 184 (vehicle crossings over footways and verges) of
20
the Highways Act 1980 (c. 66).
      (2)
This sub-paragraph applies to any works executed under this Act in relation
to a highway which consists of or includes a carriageway, other than those
executed under power delegated to a highway authority by an agreement
under paragraph 14(2) below.
25
Construction
9     (1)
Where under this Act the nominated undertaker—
(a)
constructs a new highway, or
(b)
alters a highway, otherwise than by carrying out street works within
the meaning of Part 3 of the New Roads and Street Works Act 1991,
30

the construction or alteration shall be completed to the reasonable
satisfaction of the highway authority.
      (2)
Where work to which sub-paragraph (1) applies has been completed to the
reasonable satisfaction of a highway authority, it shall certify that fact in
writing to the nominated undertaker.
35
      (3)
If the nominated undertaker requests a highway authority to issue a
certificate under sub-paragraph (2) and the highway authority does not
before the end of the period of 28 days beginning with the date on which the
request was made—
(a)
issue a certificate under that sub-paragraph, or
40
(b)
notify the nominated undertaker of its decision to refuse to issue
such a certificate,

it shall be deemed to have issued such a certificate at the end of that period.
      (4)
Any dispute with a highway authority under this paragraph shall, if the
parties agree, be referred to arbitration, but shall otherwise be determined
45
by the Secretary of State.

Crossrail Bill
Schedule 3 — Highways
90

10    (1)
Sub-paragraph (2) applies where under this Act the nominated
undertaker—
(a)
realigns a highway which is constituted by or comprises a
carriageway, or
(b)
constructs a new highway which is constituted by or comprises a
5
carriageway.
      (2)
The realignment, or construction, shall be carried out in accordance with
plans, sections and specifications approved by the highway authority at the
request of the nominated undertaker, such approval not to be unreasonably
withheld.
10
      (3)
Any dispute with a highway authority under sub-paragraph (2) shall, if the
parties agree, be referred to arbitration, but shall otherwise be determined
by the Secretary of State.
      (4)
If, on application by the nominated undertaker for the approval of plans,
sections or specifications under sub-paragraph (2), the highway authority
15
fails to 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,
sections or specifications as submitted.
Maintenance
20
11    (1)
Sub-paragraph (2) applies where under this Act the nominated
undertaker—
(a)
constructs a new highway, or
(b)
alters a highway, otherwise than by carrying out street works within
the meaning of Part 3 of the New Roads and Street Works Act 1991
25
(c. 22).
      (2)
Unless otherwise agreed between the nominated undertaker and the
highway authority, the new or altered highway shall be maintained by and
at the expense of the nominated undertaker for a period of 12 months from
the later of—
30
(a)
the date of practical completion, and
(b)
the date on which it is first open for public use;

and after the end of that period shall be maintained by and at the expense of
the highway authority.
      (3)
Where in relation to a highway to which sub-paragraph (2) applies the
35
highway authority is satisfied that the highway is practically complete or is
open for public use, it shall, at the request of the nominated undertaker,
certify to it in writing the date of practical completion of the highway or, as
the case may be, the date on which it was first open for public use.
      (4)
If the highway authority refuses a request to issue a certificate under sub-
40
paragraph (3), or if the nominated undertaker disputes the date given in a
certificate under that sub-paragraph, the matter shall, if the parties agree, be
referred to arbitration, but shall otherwise be determined by the Secretary of
State.
      (5)
For the purposes of sub-paragraph (2), the date of practical completion of a
45
highway, or the date on which it is first open for public use, shall be taken to
be—

Crossrail Bill
Schedule 3 — Highways
91

(a)
where the date has been determined under sub-paragraph (4), the
date so determined, and
(b)
where it has not, the date certified under sub-paragraph (3).
      (6)
Sub-paragraph (2) shall not have effect to impose any obligation in relation
to—
5
(a)
the structure of any bridge carrying a highway over any railway of
the nominated undertaker, or
(b)
the structure of any tunnel carrying a highway under any such
railway.
      (7)
Nothing in this paragraph shall prejudice the operation of section 87 of the
10
New Roads and Street Works Act 1991 (c. 22).

12
Notwithstanding anything in section 46 of the Railways Clauses
Consolidation Act 1845 (c. 20), as incorporated with this Act, the nominated
undertaker shall not be liable to maintain the surface of any highway under
15
or over which the scheduled works shall be constructed, or the immediate
approaches to any such highway.
Bridges carrying highways
13
Each of sections 116 and 117 of the Transport Act 1968 (c. 73) (duties as
respects bridges carrying highways over railways) shall apply as if the
20
nominated undertaker were one of the boards mentioned in that section.
Agreements with highway authorities etc.
14    (1)
Where under this Schedule the nominated undertaker is authorised to stop
up or interfere with an existing highway or part of an existing highway, it
may enter into agreements with the persons having the charge, management
25
or control of the highway concerning the construction (or contribution
towards the expenses of construction) of—
(a)
any new highway to be provided in substitution,
(b)
any alteration of the existing highway, and
(c)
any other related matters.
30
      (2)
The nominated undertaker may, by agreement with any such persons,
delegate to them the power of constructing any such new highway or any
such alteration of an existing highway, including any bridge over any
railway, and, where the nominated undertaker is responsible for
maintaining the new or altered highway (or bridge), the power to maintain
35
it.
Use of subsoil
15    (1)
The nominated undertaker may enter upon, take and use for the purposes of
the works authorised by this Act so much of the subsoil of any highway
within the limits of deviation for the scheduled works or within the limits of
40
land to be acquired or used as shall be required for the purpose of the
construction or maintenance of those works, without being required to
acquire that subsoil or any interest in it.
      (2)
The power conferred by sub-paragraph (1) shall not be exercisable in
relation to the subsoil of a highway within the limits of land to be acquired
45

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Schedule 3 — Highways
92

or used, but outside the limits of deviation for the scheduled works, if the
highway is comprised in land specified in the following table.

(1)
(2)

Area
No. on deposited plans

City of Westminster
30d, 38, 81, 85, 112, 115, 117,

5

120, 121, 213, 218, 340, 341, 416,

417, 419, 420, 423, 447, 448, 449,

453, 454, 455, 548, 549, 549a, 551,

566, 595, 598, 600, 666, 684, 685,

689, 690 and 691

10

London Borough of Camden
1, 3, 5, 7, 10, 11, 13, 30, 31, 32,

153, 154, 155, 279, 281, 282 and

283

London Borough of Islington
1, 3, 4, 13, 24, 25, 34, 90, 92, 93,

94, 95 and 99

15

City of London
1, 2, 3, 4, 7, 8, 9, 17, 18, 20, 34, 36,

52, 53, 55a, 71, 72, 73, 74, 80a, 81,

101, 102, 103, 108, 113, 115, 125,

136, 138, 143, 159, 160 and 161

London Borough of Tower
224, 224a, 225, 225b, 227a, 250,

20

Hamlets
252, 252a, 252b, 269, 280, 281,

290, 293, 294, 391, 393, 396, 398,

664, 820, 988, 990, 991, 993, 1135,

1145, 1247c, 1295, 1412a, 1413a,

1421, 1421b, 1423a, 1445 and

25

1446

London Borough of Newham
8, 76, 155, 164, 189, 193, 205, 206,

258, 259, 260, 278, 288, 366, 379,

565, 619 and 670

London Borough of Greenwich
3, 5, 15, 31e, 35a, 100, 101, 104,

30

109, 125, 125a, 130, 138, 144, 155,

159, 164, 169, 173, 182, 187 and

227

London Borough of Bexley
28, 64 and 68

London Borough of Redbridge
26 and 41

35

London Borough of Barking &
17 and 18

Dagenham

London Borough of Havering
2, 11, 12, 24, 105, 117, 120, 134,

138, 140, 149, 154, 164 and 194

Borough of Brentwood
24 and 52

40

District of Basildon
13 and 14

Crossrail Bill
Schedule 4 — Overhead lines: consent
93

(1)
(2)

Area
No. on deposited plans

Borough of Slough
14, 20, 22, 23, 32, 53, 56, 60, 113,

162, 168, 253a and 258

London Borough of Hillingdon
97, 98, 115, 116 and 211b

5

London Borough of Ealing
9, 62, 62a, 88, 125, 144, 159, 160,

164, 177, 183 and 186

      (3)
In the case of a highway comprised in land specified in the table in columns
(1) and (2) of the table in paragraph 10 of Schedule 6, the power conferred by
sub-paragraph (1) shall only be exercisable in relation to so much of the
10
subsoil of the highway as falls within the description specified in relation to
the land in column (3) of the table.
      (4)
In the case of a highway comprised in land specified in the table in
paragraph 11(1) of Schedule 6, the power conferred by sub-paragraph (1)
shall only be exercisable in relation to so much of the subsoil of the highway
15
as lies more than 9 metres beneath the level of the surface of the highway.
      (5)
For the avoidance of doubt, it is hereby declared that the restrictions
imposed by sub-paragraphs (2), (3) and (4) on the power conferred by sub-
paragraph (1) do not affect the power conferred by paragraph 7(1).
Schedule 4
20
Section 4

Overhead lines: consent
Scope of Schedule
1
This Schedule applies to any electric line to which section 37(1) of the
Electricity Act 1989 (c. 29) would apply, but for section 4.
Consent requirement
25
2     (1)
An electric line to which this Schedule applies shall not be installed or kept
installed above ground except in accordance with a consent granted by the
appropriate Ministers.
      (2)
Any person who without reasonable excuse contravenes the provisions of
sub-paragraph (1) shall be liable on summary conviction to a fine not
30
exceeding level 3 on the standard scale.
      (3)
No proceedings shall be instituted in respect of an offence under this
paragraph except by or on behalf of the Secretary of State.
Applications for consent
3     (1)
An application for consent under this Schedule shall be in writing and shall
35
state—
(a)
the length of the electric line to which it relates,

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Schedule 4 — Overhead lines: consent
94

(b)
the nominal voltage of that line, and
(c)
whether the application to any extent relates to exercise of the power
conferred by paragraph 3 of Schedule 2.
      (2)
An application for consent under this Schedule shall be accompanied by a
map showing—
5
(a)
the land across which the electric line to which it relates is to be
installed or kept installed, including details of the route of that line,
(b)
the limits of deviation for the scheduled works and the limits of land
to be acquired or used, so far as relevant to the application, and
(c)
if the application to any extent relates to exercise of the power
10
conferred by paragraph 3 of Schedule 2, the extent to which it so
relates.
4
An application for consent under this Schedule shall be supplemented, if the
appropriate Ministers so direct in writing, by such additional information as
may be specified in the direction.
15
Publicity
5     (1)
A person applying for consent under this Schedule shall publish notice of
the application in two successive weeks in one or more local newspapers
circulating in the area in which the land to which the application relates is
situated (or in areas which together include that area).
20
      (2)
A notice under sub-paragraph (1) shall—
(a)
describe the route of the electric line to which the application relates,
(b)
specify a place in the locality where a copy of the application may be
inspected,
(c)
state a time (not being less than 14 days from the date of publication)
25
within which, and the manner in which, objections to the application
may be made to the appropriate Ministers, and
(d)
if it relates to an application by the nominated undertaker, explain
the effect of paragraph 8(2)(b).
      (3)
Sub-paragraph (1) shall not apply to an application for consent under this
30
Schedule which relates only to exercise of the power conferred by paragraph
3 of Schedule 2.
      (4)
If an application for consent under this Schedule relates partly to exercise of
the power conferred by paragraph 3 of Schedule 2, so much of the
application as relates to exercise of that power shall be disregarded for the
35
purposes of sub-paragraphs (1) and (2).
      (5)
If an application for consent under this Schedule is one in relation to which
the applicant is subject to a duty under sub-paragraph (1), the appropriate
Ministers shall not make any decision about the application until they are
satisfied—
40
(a)
that the applicant has performed his duty under that provision, and
(b)
that the time allowed by the notice under that provision for making
objections to the application has expired.

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Schedule 4 — Overhead lines: consent
95

Consultation
6     (1)
Within 14 days of receiving an application for consent under this Schedule,
the appropriate Ministers shall invite the relevant planning authority to
make representations and shall not make any decisions about the
application until—
5
(a)
they have received representations from the authority about it,
(b)
they have been informed by the authority that it does not wish to
make any representations about it, or
(c)
28 days have elapsed since the date of the invitation.
      (2)
An invitation under sub-paragraph (1) shall specify the time limit for
10
making representations.
      (3)
For the purposes of this paragraph, the relevant planning authority is—
(a)
in the case of a line in the area of a unitary authority, the local
planning authority, and
(b)
in the case of a line not in the area of a unitary authority, the district
15
planning authority.
7     (1)
If the appropriate Ministers consider that an application for consent under
this Schedule relates to matters which may affect—
(a)
nature conservation,
(b)
the conservation of the natural beauty or amenity of the countryside,
20
or
(c)
a site of archaeological or historic interest,

they shall, within 14 days of receiving the application, also invite the
appropriate body or bodies to make representations.
      (2)
Where under sub-paragraph (1) the appropriate Ministers have invited a
25
body to make representations about an application for consent under this
Schedule, they shall not make any decision about the application until—
(a)
they have received representations from the body about the request,
(b)
they have been informed by the body that it does not wish to make
any representations about the request, or
30
(c)
14 days have elapsed since the date of the invitation.
      (3)
An invitation under sub-paragraph (1) shall specify the time limit for
making representations.
      (4)
For the purposes of this paragraph, the following are appropriate bodies in
relation to the following matters—
35

Matter
Body

Nature conservation.
Natural England.

Conservation of the natural
Natural England.

beauty or amenity of the

countryside.

40

Sites of archaeological or
The Historic Buildings and

historic interest.
Monuments Commission for

England.