Crossrail Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Crossrail Bill

Crossrail Bill
Schedule 5 — Temporary possession and use of land
96

Grant of consent
8     (1)
This paragraph applies to an application for consent under this Schedule by
the nominated undertaker.
      (2)
An application to which this paragraph applies may only be refused—
(a)
to the extent that it relates to exercise of the power conferred by
5
paragraph 3 of Schedule 2, on the ground that the electric line ought
to, and could reasonably, be installed elsewhere within the limits
specified, in relation to the diversion concerned, in the third column
of the table in paragraph 3 of Schedule 2, and
(b)
to the extent that it does not relate to the exercise of that power, on
10
the ground that the electric line ought to, and could reasonably, be
installed elsewhere within the limits of deviation for the scheduled
works or within the limits of land to be acquired or used.
9
A consent under this Schedule may include such conditions (including
conditions as to the ownership and operation of the electric line to which it
15
relates) as appear to the appropriate Ministers to be appropriate.
Variation and revocation of consent
10    (1)
A consent under this Schedule may be varied or revoked by the Secretary of
State at any time after the end of such period as may be specified in the
consent.
20
      (2)
The period which may be specified under sub-paragraph (1) shall not be less
than 10 years from the date of installation of the electric line to which the
consent relates.
Duration of consent
11
Subject to paragraph 10, a consent under this Schedule shall continue in
25
force for such period as may be specified in or determined by or under the
consent.
Interpretation
12
In this Schedule, references to the appropriate Ministers are to the Secretary
of State for Business, Enterprise and Regulatory Reform and the Secretary of
30
State for Transport acting jointly.
Schedule 5
Section 5

Temporary possession and use of land
Occupation and use for construction of works
1     (1)
The nominated undertaker may, in connection with the construction of the
35
works specified in column (1) of the following table (or any works which are
necessary or expedient for the purposes of or in connection with those
works)—

Crossrail Bill
Schedule 5 — Temporary possession and use of land
97

(a)
enter upon and take possession of the land specified in relation to
those works in columns (2) and (3) of that table for such purposes as
are so specified in column (4) of that table, and
(b)
for such purposes as are so specified—
(i)
remove from the land any structure or vegetation, and
5
(ii)
construct on the land temporary works (including the
provision of means of access) and structures.

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

Works
Area
Number of
Purpose for which

land shown
temporary possession

10

on deposited
may be taken

plans

1/3A and 1/3B
City of
217
The provision of a

Westminster

working site.

1/3A and 1/3B

451
The provision of a

15

working site.

1/3A and 1/3B

692
The provision of a

working site.

1/9D

30c
The provision of a

working site.

20

1/3A and 1/3B
City of
104a and
The provision of a

London
104b
working site.

1/3A and 1/3B

104c
The provision of a

working site.

Proposed Whitechapel
London
245b
The provision of

25

Station comprised in
Borough of

access for

Works Nos. 1/3A and
Tower

construction.

1/3B
Hamlets

Any of the works
London
972 and 976
The provision of

authorised by this Act
Borough of

access and a

30

Tower

working site.

Hamlets

Any of the works

753, 774,
The provision of

authorised by this Act

775, 788, 789
access and barge

and 796
loading facilities.

35

1/7, 1/33A and 1/33B
London
160, 165 and
The provision of a

Borough of
170
working site.

Greenwich

Any of the works
London
83a
The provision of a

authorised by this Act
Borough of

working site.

40

Bexley

Crossrail Bill
Schedule 5 — Temporary possession and use of land
98

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

Works
Area
Number of
Purpose for which

land shown
temporary possession

on deposited
may be taken

plans

5

The provision of
Royal
62 and 72
The provision of a

overhead
Borough of

working site and

electricification
Windsor &

access for

equipment and works
Maidenhead

construction.

to Maidenhead Bridge

10

3/3A
Borough of
81
The provision of

Slough

access and a

working site.

3/6

172 and 173
The provision of a

working site.

15

3/7A and 3/7B

187
The provision of a

working site.

The provision and
London
111
The provision of a

renewal of railway
Borough of

working site.

systems and station
Ealing

20

facilities for

operational purposes

(Ealing Broadway

Station)

      (2)
Not less than 28 days before entering upon and taking possession of land
25
under this paragraph, the nominated undertaker shall give notice to the
owners and occupiers of the land of its intention to do so.
      (3)
The nominated undertaker may not remain in possession of any land under
this paragraph after the end of the period of one year beginning with the
date of completion of the works specified in relation to the land in column
30
(1) of the table in sub-paragraph (1) unless the owners of the land agree.
      (4)
The nominated undertaker shall pay compensation to the owners and
occupiers of land of which possession is taken under this paragraph for any
loss which they may suffer by reason of the exercise in relation to the land of
the power or powers conferred by this paragraph.
35
      (5)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (4), or as to the amount of compensation, shall be determined
under and in accordance with Part 1 of the Land Compensation Act 1961
(c. 33).
      (6)
Nothing in this paragraph shall affect any liability to pay compensation
40
under 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 (4).
      (7)
In this paragraph, “structure” includes any erection.
45

Crossrail Bill
Schedule 5 — Temporary possession and use of land
99

2     (1)
Before giving up possession of land of which possession has been taken
under paragraph 1, the nominated undertaker shall, in accordance with a
scheme agreed with the owners of the land and the relevant planning
authority, put the land into such condition as the scheme may provide.
      (2)
If, in relation to any land of which possession has been taken under
5
paragraph 1, no scheme has been agreed for the purposes of this paragraph
within 6 months of the date of completion of the works specified in relation
to the land in column (1) of the table in paragraph 1(1), the scheme shall be
such as may be determined by the appropriate Ministers after consultation
with the nominated undertaker, the owners of the land and the relevant
10
planning authority.
      (3)
Unless the owners of the land and the nominated undertaker otherwise
agree, a scheme determined under sub-paragraph (2) shall provide for land
to be restored to its former condition.
      (4)
Unless the nominated undertaker otherwise agrees, a scheme determined
15
under sub-paragraph (2) shall not provide for the nominated undertaker to
replace any structure removed under paragraph 1, other than a fence.
      (5)
Where the appropriate Ministers ask the relevant planning authority for
assistance in connection with the carrying out by them of their function
under sub-paragraph (2), they may require the nominated undertaker to
20
reimburse to the planning authority any expenses which it reasonably incurs
in meeting the request.
      (6)
The duty under sub-paragraph (1) in relation to any land shall be owed
separately to the owners of the land and to the relevant planning authority.
      (7)
Where a scheme for the purposes of this paragraph provides for any step to
25
be taken by the nominated undertaker before a specified date and that step
has not been taken before that date, the relevant planning authority may—
(a)
enter the land concerned and take that step, and
(b)
require the nominated undertaker to reimburse to it any expenses
which it reasonably incurs in acting under paragraph (a).
30
      (8)
In this paragraph—
“appropriate Ministers” means the Secretary of State for Communities
and Local Government and the Secretary of State for Transport
acting jointly;
“relevant planning authority” means—
35
(a)
in relation to land in the area of a unitary authority, the local
planning authority;
(b)
in relation to land not in the area of a unitary authority, the
district planning authority;
“structure” includes any erection.
40
3     (1)
The nominated undertaker may use any road situated on land specified in
the table in paragraph 8 of Schedule 6 for the passage of persons or vehicles
(with or without materials, plant and machinery) for the purpose of or in
connection with the construction of the works authorised by this Act.
      (2)
The nominated undertaker shall compensate the person having the
45
management of a road to which sub-paragraph (1) applies for any loss which
he may suffer by reason of the exercise of the power conferred by that sub-
paragraph.

Crossrail Bill
Schedule 5 — Temporary possession and use of land
100

      (3)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (2), or as to the amount of such compensation, shall be
determined under and in accordance with Part 1 of the Land Compensation
Act 1961 (c. 33).
Occupation and use for maintenance of works
5
4     (1)
At any time during the maintenance period relating to any of the scheduled
works, the nominated undertaker may—
(a)
enter upon and take possession of any land which is—
(i)
within 20 metres from that work, and
(ii)
within the limits of deviation for the scheduled works or the
10
limits of land to be acquired or used,

if such possession is reasonably required for the purpose of or in
connection with maintaining the work or any ancillary works
connected with it, and
(b)
construct on the land such temporary works (including the provision
15
of means of access) and structures as may be reasonably so required.
      (2)
Sub-paragraph (1) shall not authorise the nominated undertaker to take
possession of—
(a)
a house, any other structure which is for the time being occupied, or
a garden belonging to a house,
20
(b)
land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule
6, or
(c)
such of the land specified in columns (1) and (2) of the table in
paragraph 10 of Schedule 6 as falls outside the description specified
in relation to it in column (3) of the table.
25
      (3)
Not less than 28 days before entering upon and taking possession of land
under this paragraph, the nominated undertaker shall give notice to the
owners and occupiers of the land of its intention to do so.
      (4)
The nominated undertaker may only remain in possession of land under this
paragraph for so long as may be reasonably required to carry out the
30
maintenance works for which possession of the land was taken.
      (5)
Before giving up possession of land of which possession has been taken
under this paragraph, the nominated undertaker shall restore the land to the
reasonable satisfaction of the owners of the land.
      (6)
The nominated undertaker shall pay compensation to the owners and
35
occupiers of land of which possession is taken under this paragraph for any
loss which they may suffer by reason of the exercise in relation to the land of
the powers conferred by this paragraph.
      (7)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (6), or as to the amount of the compensation, shall be determined
40
under and in accordance with Part 1 of the Land Compensation Act 1961.
      (8)
Nothing in this paragraph shall affect any liability to pay compensation
under 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-
45
paragraph (6).

Crossrail Bill
Schedule 5 — Temporary possession and use of land
101

      (9)
In this paragraph—
(a)
“the maintenance period”, in relation to any work, means the period
beginning with the date on which the work is completed and ending
5 years after the date on which it is brought into general use;
(b)
“structure” includes any erection;
5
(c)
any reference to land within a specified distance of a work includes,
in the case of a work under the surface of the ground, a reference to
land within the specified distance of any point on the surface below
which the work is situated.
Suspension of private rights of way
10
5     (1)
Subject to sub-paragraph (2), all private rights of way over land of which the
nominated undertaker takes possession under paragraph 1 or 4 above shall
be suspended and unenforceable for as long as it remains in lawful
possession of the land.
      (2)
The nominated undertaker may, in relation to a right of way, by direction
15
provide—
(a)
that sub-paragraph (1) shall not apply to the right, or
(b)
that sub-paragraph (1) shall apply to the right only to such extent as
may be specified in the direction.
      (3)
The nominated undertaker shall compensate any person who suffers loss by
20
reason of the suspension of any right under sub-paragraph (1).
      (4)
Any dispute as to a person’s entitlement to compensation under sub-
paragraph (3), 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).
25
Enforcement
6     (1)
If the nominated undertaker is under this Schedule authorised to enter on
and take possession of any land, and the owner or occupier of any of that
land, or any other person, refuses to give up possession of it, or hinders the
nominated undertaker from entering on or taking possession of it, the
30
nominated undertaker may issue its warrant to the sheriff to deliver
possession of it to the person appointed in the warrant to receive it.
      (2)
On receipt of a warrant under sub-paragraph (1), the sheriff shall deliver
possession of the land concerned in accordance with the warrant.
      (3)
Section 13(3) to (5) of the Compulsory Purchase Act 1965 (c. 56) (recovery of
35
costs of issue and execution of warrant) shall apply in relation to the costs
accruing by reason of the issue and execution of a warrant under this
paragraph.
      (4)
In the application of those provisions for the purposes of this paragraph—
(a)
the reference in subsection (3) to the acquiring authority shall be read
40
as a reference to the nominated undertaker, and
(b)
references to compensation payable to the person refusing to give
possession shall be read as references to compensation payable
under this Schedule.

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 1 — Purposes for which certain land may be acquired
102

      (5)
In this paragraph, “sheriff” has the same meaning as in section 13 of the
Compulsory Purchase Act 1965 (c. 56).
Schedule 6
Section 6

Acquisition of land shown within limits on deposited plans
Part 1
5
Purposes for which certain land may be acquired

(1)
(2)
(3)

Area
Number of land shown on
Purpose for which land may

deposited plans
be acquired or used

London Borough of
2c, 3c, 4c, 5c, 9b, 9c, 9g
The provision and

10

Hammersmith & Fulham
and 9h
renewal of railway

systems and depot

facilities for operational

purposes.

6, 7, 9 and 13 to 16
The provision and

15

renewal of railway

systems for operational

purposes.

Royal Borough of
2c
The provision of a

Kensington & Chelsea

working site and

20

exchange land.

4
The provision of access

for construction and

maintenance.

8 to 15, 17 to 19, 21 to 23
The provision and

25

and 26
renewal of railway

systems for operational

purposes.

City of Westminster
1 and 2
The provision of a

working site and access

30

for construction.

14
The provision of a

working site.

30 to 32, 49, 77 and 78
The provision and

renewal of railway

35

systems for operational

purposes.