|
| |
|
(4) | The power to make an order under sub-paragraph (2) includes— |
| |
(a) | power to make different provision for different cases, and |
| |
(b) | power to make an order varying or revoking any order previously |
| |
made under that provision. |
| |
(5) | In this paragraph, “the London Lorry Ban Order” has the same meaning as |
| 5 |
| |
Works under streets in Greater London |
| |
13 | The following provisions of the Greater London Council (General Powers) |
| |
| |
(a) | section 5(1) (consent of borough council required for demolition of |
| 10 |
| |
(b) | section 6(1) (consent of borough council required for works |
| |
preventing access to premises under a street), and |
| |
(c) | section 7(1) (consent of borough council required for infilling in |
| |
premises under a street), |
| 15 |
| shall not apply to anything done in exercise of the powers conferred by this |
| |
Act with respect to works. |
| |
New Roads and Street Works Act 1991 |
| |
14 (1) | The powers conferred by section 56(1) and (1A) of the New Roads and Street |
| |
Works Act 1991 (c. 22) (powers to give directions as to the timing of |
| 20 |
proposed and subsisting street works) shall not apply in relation to works |
| |
proposed to be, or being, carried out under the powers conferred by this Act. |
| |
(2) | Section 56A of that Act (power to give directions as to placing of apparatus) |
| |
shall not apply in relation to the placing of apparatus in exercise of any of |
| |
the powers conferred by this Act. |
| 25 |
(3) | No restriction under section 58(1) of that Act (power to impose restriction on |
| |
execution of street works in the twelve months following completion of |
| |
substantial road works) shall have effect in relation to works carried out |
| |
under the powers conferred by this Act. |
| |
(4) | Section 61(1) of that Act (under which the consent of the street authority is |
| 30 |
required for the placing of apparatus in a protected street) shall not apply to |
| |
the placing of apparatus in exercise of any of the powers conferred by this |
| |
| |
(5) | Section 62(2) of that Act (power following designation of protected street to |
| |
require removal or repositioning of apparatus already placed in the street) |
| 35 |
shall not apply in relation to apparatus placed in exercise of the powers |
| |
| |
(6) | Section 62(4) of that Act (power when designation as protected street |
| |
commences or ceases to give directions with respect to works in progress) |
| |
shall not apply in relation to works being carried out under the powers |
| 40 |
| |
(7) | Section 63(1) of that Act (under which Schedule 4 to that Act has effect for |
| |
requiring the settlement of a plan and section of street works to be executed |
| |
in a street designated by the street authority as having special engineering |
| |
|
| |
|
| |
|
difficulties) shall not apply in relation to works to be executed under the |
| |
powers conferred by this Act. |
| |
(8) | The power conferred by section 73A(1) of that Act (power to require |
| |
undertaker to re-surface street) may not be exercised in relation to an |
| |
undertaker who is within subsection (2) of that section because of— |
| 5 |
(a) | having given a notice in respect of works proposed to be carried out |
| |
under the powers conferred by this Act, or |
| |
(b) | executing, or having executed, works under those powers. |
| |
(9) | No contribution shall be payable under section 78A(1)(b) of that Act |
| |
(contributions by other undertakers to costs incurred in executing works |
| 10 |
specified in a re-surfacing notice) because of the execution of works under |
| |
the powers conferred by this Act. |
| |
(10) | Schedule 3A to that Act (restriction on works following substantial street |
| |
works) shall not apply where a notice under section 54 (advance notice of |
| |
certain works) or 55 (notice of starting date of works) of that Act is in respect |
| 15 |
of works to be executed under the powers conferred by this Act. |
| |
(11) | No notice under paragraph 2(1)(d) of that Schedule (power by notice to |
| |
require notification of works which an undertaker proposes to carry out in a |
| |
part of a highway to which a proposed restriction applies) shall have effect |
| |
to require the notification of works proposed to be carried out under the |
| 20 |
powers conferred by this Act. |
| |
(12) | No directions under paragraph 3 of that Schedule (directions as to the date |
| |
on which undertakers may begin to execute proposed works) may be issued |
| |
to the nominated undertaker. |
| |
(13) | Paragraph 3(4) of that Schedule (under which it is an offence for an |
| 25 |
undertaker to execute street works before the completion of certain other |
| |
street works) shall not apply in relation to the execution of works under the |
| |
powers conferred by this Act. |
| |
(14) | Paragraph 5(1) of that Schedule (effect of direction under paragraph 4 |
| |
restricting further works) shall not apply in relation to the execution of |
| 30 |
works under the powers conferred by this Act. |
| |
| |
15 (1) | The restriction imposed by section 24(1) of the Water Resources Act 1991 |
| |
(c. 57) (restriction on abstraction of water) shall not apply in relation to the |
| |
abstraction of water for the purposes of, or in connection with, the |
| 35 |
construction of the works authorised by this Act. |
| |
(2) | In this paragraph, “abstraction” has the same meaning as in the Water |
| |
| |
Communication with public sewers in London |
| |
16 | Section 106(8) of the Water Industry Act 1991 (c. 56) (which qualifies the |
| 40 |
general right to communicate with the public sewers of a sewerage |
| |
undertaker) shall not apply where the proposed communication involves a |
| |
drain or sewer serving Crossrail. |
| |
|
| |
|
| |
|
| |
17 (1) | No notice under section 1(2) or (5) of the Party Wall etc. Act 1996 (c. 40) |
| |
(notice before building on line of junction with adjoining land) shall be |
| |
required before the building of any wall in exercise of the powers conferred |
| |
| 5 |
(2) | Sections 1(6) and 2 of the Party Wall etc. Act 1996 (rights of adjoining |
| |
owners) shall not have effect to confer rights in relation to— |
| |
(a) | 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, or |
| 10 |
(b) | land on which there is any such thing. |
| |
(3) | Section 6 of the Party Wall etc. Act 1996 (underpinning of adjoining |
| |
buildings) shall not apply in relation to a proposal to excavate, or excavate |
| |
for and erect anything, in exercise of the powers conferred by this Act. |
| |
| 15 |
| |
Burial grounds: removal of human remains and monuments |
| |
| |
1 (1) | Before removing from the land in question any remains or any monument |
| |
to the deceased, the nominated undertaker shall— |
| |
(a) | publish in each of two successive weeks in a newspaper circulating |
| 20 |
in the area where the land is situated, and |
| |
(b) | at the same time leave displayed in a conspicuous place on or near |
| |
| |
| a notice complying with sub-paragraph (2). |
| |
(2) | A notice under sub-paragraph (1) shall— |
| 25 |
(a) | identify the land to which it relates, |
| |
(b) | set out in general terms the effect of paragraphs 2 to 5, |
| |
(c) | state where, and in what form, an application under paragraph 2(1) |
| |
| |
(d) | state how the nominated undertaker proposes to carry out its |
| 30 |
functions under this Schedule with respect to the disposal of the |
| |
| |
(3) | No notice shall be required under sub-paragraph (1) before the removal of |
| |
any remains or any monument to the deceased where the Secretary of State |
| |
notifies the nominated undertaker that he is satisfied— |
| 35 |
(a) | that the remains were interred more than 100 years ago, and |
| |
(b) | that no relative or personal representative of the deceased is likely to |
| |
object to the remains or monument being removed in accordance |
| |
| |
(4) | No notice shall be required under sub-paragraph (1) before the removal of |
| 40 |
any remains or any monument to the deceased if— |
| |
|
| |
|
| |
|
(a) | there is in force under section 25 of the Burial Act 1857 (c. 81) (bodies |
| |
not to be removed from burial grounds without licence of the |
| |
Secretary of State) a licence relating to the remains, and |
| |
(b) | the holder of the licence is the nominated undertaker or a body |
| |
corporate which is a member of the same group as the nominated |
| 5 |
| |
(5) | In sub-paragraph (4)(b), “group” means a body corporate and all other |
| |
bodies corporate which are its subsidiaries within the meaning of the |
| |
Companies Act 1985 (c. 6). |
| |
| 10 |
2 (1) | In the case of remains in relation to which paragraph 1(1) applies, the |
| |
nominated undetaker shall issue a licence for the removal of the remains if— |
| |
(a) | it receives an application in writing from a relative or personal |
| |
representative of the deceased, and |
| |
(b) | the application is received before the end of the 56 days after the day |
| 15 |
on which notice relating to the remains is first published under |
| |
| |
(2) | In the case of remains in relation to which paragraph 1(3) applies, the |
| |
nominated undertaker shall issue a licence for the removal of the remains |
| |
| 20 |
(a) | it receives an application in writing from a relative or personal |
| |
representative of the deceased, and |
| |
(b) | the application is received before the nominated undertaker has |
| |
removed the remains under paragraph 3(1). |
| |
(3) | For the purposes of sub-paragraphs (1) and (2), a person shall be taken to be |
| 25 |
a relative or personal representative of the deceased if the nominated |
| |
undertaker is satisfied that he is or the county court has declared that he is. |
| |
(4) | A licensee under this paragraph may remove the remains to which the |
| |
licence relates and reinter them elsewhere or cremate them. |
| |
(5) | The reasonable costs of removal and reinterment or cremation under this |
| 30 |
paragraph shall be paid by the nominated undertaker. |
| |
(6) | An application for a declaration for the purposes of sub-paragraph (3) shall |
| |
be made to the county court for the district in which the remains are interred. |
| |
(7) | In this paragraph, references to a relative of the deceased are to a person |
| |
| 35 |
(a) | is a husband, wife, parent, grandparent, child or grandchild of the |
| |
| |
(b) | is, or is a child of, a brother, sister, uncle or aunt of the deceased. |
| |
3 (1) | In the case of remains in relation to which paragraph 1(1) or (3) applies, the |
| |
nominated undertaker may remove the remains unless— |
| 40 |
(a) | it is required under paragraph 2(1) or (2) to issue a licence for their |
| |
| |
(b) | not more than 28 days have passed since the issue under that |
| |
provision of such a licence. |
| |
(2) | In the case of remains in relation to which paragraph 1(4) applies, the |
| 45 |
nominated undertaker may remove the remains and, if it does so, shall be |
| |
|
| |
|
| |
|
treated for the purposes of this Act as acting under this paragraph and not |
| |
under the licence under the Burial Act 1857. |
| |
(3) | The nominated undertaker shall reinter any remains removed under this |
| |
paragraph in a burial ground or cremate them in a crematorium. |
| |
| 5 |
4 (1) | Where a licence to remove any remains is issued under paragraph 2(1) or (2), |
| |
the licensee may remove from the land any monument to the deceased and |
| |
re-erect it elsewhere or otherwise dispose of it. |
| |
(2) | The reasonable costs of removal and re-erection under sub-paragraph (1) |
| |
shall be paid by the nominated undertaker. |
| 10 |
5 (1) | Where the nominated undertaker removes any remains under paragraph 3, |
| |
it may also remove from the land any monument to the deceased. |
| |
(2) | Where any remains are removed under a licence under paragraph 2(1) or (2), |
| |
the nominated undertaker may remove from the land any monument to the |
| |
deceased which is not removed by the licensee within 28 days of the issue of |
| 15 |
| |
(3) | Where any remains are removed under a licence under section 25 of the |
| |
Burial Act 1857 (c. 81), the nominated undertaker may remove from the land |
| |
any monument to the deceased which is not removed by the licensee. |
| |
(4) | The nominated undertaker may remove any monument removed under this |
| 20 |
paragraph to the place, if any, where the remains of the deceased are |
| |
interred or to some other appropriate place. |
| |
(5) | The nominated undertaker shall break and deface any monument removed |
| |
under this paragraph which is not dealt with under sub-paragraph (4). |
| |
| 25 |
6 (1) | Where any remains are removed under this Schedule, the nominated |
| |
undertaker shall, within two months of the removal, provide the Registrar |
| |
General with a certificate which— |
| |
(a) | identifies the remains, so far as practicable, |
| |
(b) | states the date on which, and the place from which, the remains were |
| 30 |
| |
(c) | states the date and place of reinterment or cremation. |
| |
(2) | Where any monument is removed under this Schedule, the nominated |
| |
undertaker shall, within two months of the removal— |
| |
(a) | deposit with the local authority in whose area the monument was |
| 35 |
situated prior to the removal a record which— |
| |
(i) | identifies the monument, |
| |
(ii) | gives any inscription on it, |
| |
(iii) | states the date on which, and the place from which, it was |
| |
| 40 |
(iv) | states the place, if any, to which it was moved or how it was |
| |
| |
(b) | provide the Registrar General with a copy of the record deposited |
| |
| |
|
| |
|
| |
|
(3) | The nominated undertaker may require any person who removes remains or |
| |
a monument under this Schedule to provide it with any information about |
| |
the remains or monument removed which it needs to comply with sub- |
| |
| |
(4) | In sub-paragraph (2)(a), “local authority” means— |
| 5 |
(a) | in relation to a monument that was situated in the area of a unitary |
| |
authority, that authority, and |
| |
(b) | in relation to a monument that was not situated in the area of a |
| |
unitary authority, the district council for the area. |
| |
| 10 |
7 (1) | Where the nominated undertaker removes remains in relation to the |
| |
removal of which a licence has been granted under paragraph 2(1) or (2), it |
| |
shall carry out in accordance with the reasonable requests of the licensee— |
| |
(a) | its functions under paragraph 3 with respect to disposal of the |
| |
| 15 |
(b) | if it removes any monument to the deceased, the functions under |
| |
paragraph 5 with respect to disposal of the monument. |
| |
(2) | The Secretary of State may give such directions as he thinks fit with respect |
| |
to the carrying out of any function under this Schedule. |
| |
(3) | No licence shall be required under section 25 of the Burial Act 1857 (c. 81) for |
| 20 |
the removal under this Schedule of any remains. |
| |
(4) | Nothing in any enactment relating to burial grounds and no obligation or |
| |
restriction imposed under ecclesiastical law or otherwise shall have effect to |
| |
prohibit, restrict or impose any condition on the removal under this |
| |
Schedule of any remains or monument. |
| 25 |
| |
| |
Reinstatement of discontinued facilities |
| |
| |
1 (1) | The nominated undertaker may within the limits of deviation for the |
| |
scheduled works or within the limits of land to be acquired or used reinstate |
| 30 |
facilities whose operation or use is discontinued because of the exercise of |
| |
power conferred by this Act. |
| |
(2) | The power under sub-paragraph (1) includes power to carry out works for |
| |
the purpose of or in connection with reinstatement. |
| |
(3) | Where the power under sub-paragraph (1) is exercised for the purpose of |
| 35 |
reinstating facilities temporarily, it may be further exercised for the purpose |
| |
of reinstating them permanently. |
| |
(4) | Reinstatement under sub-paragraph (1) need not be on the site where the |
| |
facilities were situated prior to discontinuation. |
| |
|
| |
|
| |
|
| |
2 (1) | This paragraph has effect in relation to development authorised by |
| |
| |
(2) | The Secretary of State may by directions provide that a requirement |
| |
specified in the directions shall in the case of development so specified be a |
| 5 |
condition of the deemed planning permission. |
| |
(3) | If it appears to the Secretary of State that it is appropriate to do so in |
| |
consequence of directions under sub-paragraph (2), he may by directions— |
| |
(a) | disapply Part 2 or 3 of Schedule 7 in relation to the development to |
| |
which the directions under sub-paragraph (2) relate, or |
| 10 |
(b) | provide for that Part to have effect in relation to that development |
| |
with such modifications as he may specify in the directions. |
| |
(4) | Directions under sub-paragraph (2) or (3) may— |
| |
(a) | be given after, as well as before, commencement of the development |
| |
| 15 |
(b) | cancel or vary previous directions under that sub-paragraph; |
| |
(c) | include transitional provision or savings. |
| |
(5) | The Secretary of State shall— |
| |
(a) | publish any directions under sub-paragraph (2) or (3) in such |
| |
manner as he thinks appropriate, and |
| 20 |
(b) | give copies of any such directions to the owners and occupiers of the |
| |
land to which the deemed planning permission relates and to the |
| |
relevant planning authority. |
| |
(6) | The reference in sub-paragraph (5)(b) to the relevant planning authority is— |
| |
(a) | in the case of directions relating to development in the area of a |
| 25 |
unitary authority, to the local planning authority; |
| |
(b) | in the case of directions relating to development not in the area of a |
| |
unitary authority, to the district planning authority. |
| |
(7) | Section 78 of the Town and Country Planning Act 1990 (c. 8) (right to appeal |
| |
against planning decisions and failure to take such decisions) shall apply in |
| 30 |
relation to an application for any consent, agreement or approval required |
| |
by a condition imposed by directions under sub-paragraph (2) as it applies |
| |
in relation to an application for any consent, agreement or approval required |
| |
by a condition imposed on a grant of permission under Part 3 of that Act. |
| |
| 35 |
“deemed planning permission” means the planning permission |
| |
deemed by section 10 to be granted; |
| |
“development” has the same meaning as in the Town and Country |
| |
| |
|
| |
|