|
| |
| |
(c) | provision for things done by or in relation to the transferor to be |
| |
treated as done by or in relation to a transferee, |
| |
(d) | provision for things (including legal proceedings) being done by or |
| |
in relation to the transferor to be continued by or in relation to a |
| |
| 5 |
(e) | provision for references in a document to the transferor, or to an |
| |
employee or office-holder of the transferor, to have effect with |
| |
modifications specified in the scheme. |
| |
(3) | In sub-paragraph (2)(e), the reference to an employee or office-holder of the |
| |
transferor includes a reference to a person employed in Her Majesty’s Home |
| 10 |
| |
(4) | Sub-paragraph (2)(e) does not apply to references in an enactment. |
| |
| |
13 (1) | At the time appointed for the purpose by a scheme— |
| |
(a) | property, rights and liabilities for whose transfer the scheme |
| 15 |
| |
(b) | interests, rights and liabilities for whose creation the scheme |
| |
| |
| shall, by virtue of this sub-paragraph, be transferred or (as the case may be) |
| |
created in accordance with the scheme. |
| 20 |
(2) | A scheme may appoint different times for the transfer or creation of different |
| |
| |
Modification of scheme by agreement |
| |
14 (1) | Where the transferor, and the transferee or transferees, under a scheme so |
| |
agree, the scheme shall be treated for all purposes as having been made with |
| 25 |
such modifications as may be agreed. |
| |
(2) | Sub-paragraph (1) does not apply in the case of an agreement relating to |
| |
rights and liabilities under a contract of employment unless the employee is |
| |
a party to the agreement. |
| |
(3) | Sub-paragraph (1) does not apply in the case of an agreement that adversely |
| 30 |
affects the property or rights of a person other than the transferor or a |
| |
transferee unless that person is a party to the agreement. |
| |
(4) | An agreement under sub-paragraph (1) may make— |
| |
(a) | any provision that could have been contained in the scheme, and |
| |
(b) | incidental, supplementary, consequential and transitional provision |
| 35 |
in connection with giving effect to any such provision. |
| |
(5) | Provision under sub-paragraph (4) may be made so as to have effect from |
| |
when the scheme was made (or any later time). |
| |
Transfer of employees and continuity of employment |
| |
15 (1) | Where, by virtue of a scheme, a person employed by the transferor becomes |
| 40 |
an employee of a transferee— |
| |
| |
| |
|
| |
| |
(a) | the person is not to be regarded for the purposes of Part 11 of the |
| |
Employment Rights Act 1996 (c. 18) as having been dismissed by |
| |
| |
(b) | the person’s period of employment with the transferor counts, for |
| |
the purposes of that Act, as a period of employment with the |
| 5 |
| |
(c) | the change of employment does not break the continuity of the |
| |
period of employment for the purposes of that Act. |
| |
(2) | In sub-paragraph (1)— |
| |
(a) | a reference to becoming an employee of a person includes a reference |
| 10 |
to becoming employed in Her Majesty’s Home Civil Service, and |
| |
(b) | a reference to being employed by a person, or to employment with a |
| |
person, includes a reference to being employed in Her Majesty’s |
| |
| |
Provision of information to person making scheme |
| 15 |
16 | Where the Secretary of State proposes to make a scheme under paragraph |
| |
1(1), 2(1) or 3(1) he may direct— |
| |
(a) | a proposed transferor, |
| |
(b) | a proposed transferee, or |
| |
(c) | Cross London Rail Links Limited, |
| 20 |
| to provide him with such information as he considers necessary to enable |
| |
| |
17 (1) | This paragraph applies to a direction under paragraph 16. |
| |
(2) | The direction must specify the period within which the information is to be |
| |
| 25 |
(3) | The period specified must be not less than 28 days beginning with the day |
| |
when the direction is given. |
| |
(4) | If a person fails to comply with the direction, the Secretary of State may serve |
| |
| |
(a) | requiring the person to produce to the Secretary of State, at a time |
| 30 |
and place specified in the notice, any documents which are specified |
| |
or described in the notice and are in the person’s custody or control, |
| |
| |
(b) | requiring the person to provide to the Secretary of State, at a time and |
| |
place and in the form and manner specified in the notice, such |
| 35 |
information as may be specified or described in the notice. |
| |
(5) | No person may be required under this paragraph— |
| |
(a) | to produce a document which he could not be compelled to produce |
| |
in civil proceedings in the High Court, or |
| |
(b) | to provide information which he could not be compelled to give in |
| 40 |
evidence in such proceedings. |
| |
(6) | A person who intentionally alters, suppresses or destroys a document which |
| |
he has been required to produce by a notice under sub-paragraph (4) is |
| |
guilty of an offence and liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| 45 |
| |
| |
| |
|
| |
| |
(b) | on conviction on indictment, to a fine. |
| |
(7) | If a person fails to comply with a notice under sub-paragraph (4), the High |
| |
Court may, on the application of the Secretary of State, make such order as |
| |
the court thinks fit for requiring the failure to be made good. |
| |
(8) | Any order under sub-paragraph (7) may include provision requiring all the |
| 5 |
costs or expenses of and incidental to the application to be borne by one or |
| |
| |
(a) | the person in default, and |
| |
(b) | any officers of a body corporate or other association who are |
| |
responsible for its default. |
| 10 |
| |
(a) | a reference to the production of a document includes a reference to |
| |
the production of a legible and intelligible copy of information |
| |
recorded otherwise than in legible form, and |
| |
(b) | the reference to suppressing a document includes a reference to |
| 15 |
destroying the means of reproducing information recorded |
| |
otherwise than in legible form. |
| |
| |
| |
| 20 |
18 (1) | In sub-paragraph (2), and in Part 4 of this Schedule except where the context |
| |
otherwise requires, “scheme” means a scheme under paragraph 1(1), 2(1) or |
| |
| |
| |
“enactment” includes an enactment— |
| 25 |
(a) | contained in an instrument made under an Act, or |
| |
(b) | contained in, or in an instrument made under, an Act of the |
| |
| |
“subsidiary” and “wholly-owned subsidiary” have the meaning given |
| |
by section 736 of the Companies Act 1985 (c. 6); |
| 30 |
“transferee”, in relation to a scheme, means a person who is a transferee |
| |
in respect of property, rights or liabilities for whose transfer the |
| |
| |
“transferor”, in relation to a scheme, means the person for the transfer |
| |
of whose property, rights or liabilities the scheme provides. |
| 35 |
(3) | References in this Schedule to a right or to an entitlement to a right include |
| |
references to an entitlement to exercise a right; and, accordingly, references |
| |
to a right’s arising include references to its becoming exercisable. |
| |
| |
| |
|
| |
| |
| |
| |
Disapplication and modification of miscellaneous controls |
| |
| |
1 (1) | No obligation or restriction imposed under ecclesiastical law or otherwise in |
| |
relation to consecrated land shall have effect to prohibit, restrict or impose |
| 5 |
any condition on the exercise of the powers conferred by this Act with |
| |
| |
(2) | Sub-paragraph (1) shall not apply in relation to the use of land comprised in |
| |
a burial ground for the purpose of constructing any of the works authorised |
| |
| 10 |
| |
2 | Nothing in the London Overground Wires &c. Act 1933 (c. xliv), or in any |
| |
bye-law made under that Act, shall extend or apply to any wires or part of a |
| |
wire erected or placed, proposed to be erected or placed, or for the time |
| |
being maintained, by the nominated undertaker in exercise of the powers |
| 15 |
| |
London Squares Preservation Act 1931 |
| |
3 (1) | Nothing in section 3 of the London Squares Preservation Act 1931 (c. xciii) |
| |
(protection of squares) shall have effect in relation to anything done for the |
| |
purposes of or in connection with the exercise of any of the powers conferred |
| 20 |
by this Act with respect to works. |
| |
(2) | Nothing in any agreement under section 9 of that Act (agreements between |
| |
local authority and owner of a protected square) shall have effect to prohibit, |
| |
restrict or impose any condition on the exercise of the powers conferred by |
| |
this Act with respect to works. |
| 25 |
London Building Acts (Amendment) Act 1939 |
| |
4 (1) | The following provisions of the London Building Acts (Amendment) Act |
| |
1939 (c. xcvii) shall not apply to anything held by the Secretary of State or the |
| |
nominated undertaker and used, or intended for use, by the nominated |
| |
undertaker for the purposes of its undertaking under this Act— |
| 30 |
(a) | Part 3 (construction of buildings and structures generally), |
| |
(b) | Part 4 (construction of special and temporary buildings and |
| |
| |
(c) | Part 5 (means of escape in case of fire). |
| |
(2) | Sub-paragraph (1) shall not apply in relation to a building which is a house |
| 35 |
or a hotel or which is used as offices or showrooms and does not form part |
| |
| |
| |
5 | Section 34(1) of the Coast Protection Act 1949 (c. 74) (consent of Secretary of |
| |
State required for works detrimental to navigation) shall not apply in |
| 40 |
relation to anything done within the limits of deviation for the scheduled |
| |
| |
| |
|
| |
| |
works in exercise of the powers conferred by this Act in relation to those |
| |
works, or any work in connection with them. |
| |
| |
6 | The following provisions of the Port of London Act 1968 (c. xxxii) shall not |
| |
apply in relation to anything done for the purposes of or in connection with |
| 5 |
the exercise of any of the powers conferred by this Act with respect to |
| |
| |
(a) | section 70 (prohibition of various activities in relation to works |
| |
without a licence under section 66 of that Act), and |
| |
(b) | section 73(3) (prohibition of dredging etc. of Thames without a |
| 10 |
| |
| |
7 (1) | The following enactments (which control obstructions of the highway in |
| |
connection with works relating to buildings) shall not apply to anything |
| |
erected, placed or retained in, upon or over a highway for the purposes of or |
| 15 |
in connection with the exercise of any of the powers conferred by this Act |
| |
| |
(a) | section 15(1) of the Greater London Council (General Powers) Act |
| |
| |
(b) | section 169(1) of the Highways Act 1980 (c. 66). |
| 20 |
(2) | Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs |
| |
in or near carriageway) shall not apply to any tree or shrub planted for the |
| |
purposes of or in connection with the exercise of any of the powers conferred |
| |
by this Act with respect to works. |
| |
(3) | Section 167 of the Highways Act 1980 (powers relating to retaining walls |
| 25 |
near streets) shall not apply to any length of a retaining wall erected on land |
| |
held by the Secretary of State or nominated undertaker and used, or |
| |
intended for use, by the nominated undertaker for the purposes of its |
| |
undertaking under this Act. |
| |
(4) | Nothing in section 8(2) to (5) of the Greater London Council (General |
| 30 |
Powers) Act 1986 (c. iv) (power of borough councils in relation to retaining |
| |
walls supporting the carriageway or footway of certain highways) shall |
| |
apply with respect to any retaining wall erected in exercise of the powers |
| |
| |
| 35 |
8 (1) | Nothing in Part 1 of the Building Act 1984 (c. 55) with respect to building |
| |
regulations, and nothing in any building regulations, shall apply in relation |
| |
to a building held by the Secretary of State or the nominated undertaker and |
| |
used, or intended for use, by the nominated undertaker for the purposes of |
| |
its undertaking under this Act. |
| 40 |
(2) | Sub-paragraph (1) shall not apply in relation to a building which is a house |
| |
or a hotel or which is used as offices or showrooms and does not form part |
| |
| |
| |
| |
|
| |
| |
(3) | Any building to which sub-paragraph (2) applies shall be disregarded for |
| |
the purposes of section 4(1)(b) of the Building Act 1984 (c. 55) (exception for |
| |
certain buildings belonging to statutory undertakers). |
| |
| |
9 (1) | Section 5 of the Food and Environment Protection Act 1985 (c. 48) |
| 5 |
(requirement for licences for deposit of substances and articles in the sea etc.) |
| |
shall not apply to the deposit of substances and articles within the limits of |
| |
deviation for Work No. 1/4A, 1/4B, 1/6A, 1/6B, 1/29, 1/38A or 1/38B in |
| |
exercise of the powers conferred by this Act in relation to that work, or any |
| |
work in connection with it. |
| 10 |
(2) | In the case of substances and articles which have been excavated or dredged, |
| |
sub-paragraph (1) shall only apply to deposit in the course of use as a |
| |
| |
| |
10 (1) | This paragraph applies where an application for the issue of a permit under |
| 15 |
the London Lorry Ban Order is made under paragraph 11 or is otherwise |
| |
expressed to be made in connection with the carrying out of authorised |
| |
| |
(2) | The application shall be granted if the issue of a permit is reasonably |
| |
| 20 |
(a) | for the purpose of enabling authorised works to be carried out in a |
| |
timely and efficient manner, or |
| |
(b) | for the purpose of enabling authorised works to be carried out in |
| |
accordance with approved arrangements. |
| |
(3) | If the application is granted, no condition may be imposed which is likely to |
| 25 |
obstruct the carrying out of authorised works— |
| |
(a) | in a timely and efficient manner, or |
| |
(b) | in accordance with approved arrangements. |
| |
(4) | If the applicant is aggrieved by a decision under sub-paragraph (2) or (3), he |
| |
may appeal to the Secretary of State by giving notice in writing of the appeal |
| 30 |
to him, and to the authority whose decision is appealed against, within 28 |
| |
days of notification of the decision. |
| |
(5) | On an appeal under sub-paragraph (4), the Secretary of State may allow or |
| |
dismiss the appeal or vary the decision of the authority whose decision is |
| |
| 35 |
(6) | If on an appeal under sub-paragraph (4) against a decision under sub- |
| |
paragraph (3) the Secretary of State varies the decision, the variation shall |
| |
have effect from and including the date on which the appeal was constituted |
| |
or such later date as the Secretary of State may specify. |
| |
(7) | The applicant may not challenge a decision under sub-paragraph (3) |
| 40 |
otherwise than by an appeal under sub-paragraph (4). |
| |
| |
“approved arrangements” means arrangements approved for the |
| |
| |
| |
| |
|
| |
| |
(a) | paragraph 7 of Schedule 7, so far as relating to item 1 in the |
| |
table in that paragraph, or |
| |
(b) | paragraph 24 of that Schedule; |
| |
“authorised works” means works authorised by this Act; |
| |
“the London Lorry Ban Order” means the Greater London (Restriction |
| 5 |
of Goods Vehicles) Traffic Order 1985. |
| |
London lorries: emergency permit |
| |
11 (1) | This paragraph applies where a person proposes to undertake a journey |
| |
before the end of the next complete eight working days, being a journey— |
| |
(a) | proposed to be undertaken in connection with the carrying out of |
| 10 |
| |
(b) | for which a permit under the London Lorry Ban Order will be |
| |
| |
(2) | The person may apply for a permit under the Order for the journey by giving |
| |
the details mentioned in sub-paragraph (3) to the authority concerned by |
| 15 |
telephone or by means of facsimile transmission. |
| |
(3) | The details referred to above are— |
| |
(a) | the identity of the applicant, |
| |
(b) | a number on which he can be contacted by telephone or by means of |
| |
| 20 |
(c) | the registration number of the vehicle to which the application |
| |
| |
(d) | the authorised works in connection with which the journey is to be |
| |
| |
(e) | whether any approved arrangements are relevant to the application |
| 25 |
and, if so, what they are, |
| |
(f) | the date when the journey is proposed to be undertaken, and |
| |
(g) | if it is proposed to stop anywhere in Greater London for the purpose |
| |
of making a delivery or collection, the place or places at which, and |
| |
the time or times when, it is proposed to stop for that purpose. |
| 30 |
| |
“approved arrangements”, “authorised works” and “the London Lorry |
| |
Ban Order” have the same meanings as in paragraph 10; |
| |
“working day” means any day which is not a Saturday or Sunday, |
| |
Christmas Day, Good Friday or a bank holiday in England and |
| 35 |
Wales under the Banking and Financial Dealings Act 1971 (c. 80). |
| |
12 (1) | An authority responsible for dealing with applications for permits under the |
| |
London Lorry Ban Order shall make arrangements enabling applications |
| |
under paragraph 11 to be made at any time. |
| |
(2) | Once an application for a permit has been made under paragraph 11, then, |
| 40 |
for the purpose of any relevant journey, the application shall be treated as |
| |
granted subject to such conditions as the Secretary of State may by order |
| |
specify for the purposes of this provision. |
| |
(3) | A journey is a relevant journey for the purposes of sub-paragraph (2) if it is |
| |
begun before the authority to which the application is made has |
| 45 |
communicated its decision on the application to the applicant by telephone |
| |
or by means of facsimile transmission. |
| |
| |
| |
|
