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Crossrail Bill


Crossrail Bill
Schedule 13 — Disapplication and modification of miscellaneous controls

208

 

      (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

in paragraph 10.

Works under streets in Greater London

13         

The following provisions of the Greater London Council (General Powers)

Act 1986 (c. iv)—

(a)   

section 5(1) (consent of borough council required for demolition of

10

works under a street),

(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

Act.

      (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

conferred by this Act.

      (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

conferred by this Act.

      (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

 

 

Crossrail Bill
Schedule 13 — Disapplication and modification of miscellaneous controls

209

 

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.

Water abstraction

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

Resources Act 1991.

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.

 

 

Crossrail Bill
Schedule 14 — Burial grounds: removal of human remains and monuments

210

 

Party Wall etc. Act 1996

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

by this Act.

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.

Schedule 14

15

Section 49

 

Burial grounds: removal of human remains and monuments

Notice of removal

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

the land,

           

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)

may be made, and

(d)   

state how the nominated undertaker proposes to carry out its

30

functions under this Schedule with respect to the disposal of the

remains or monument.

      (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

with this Schedule.

      (4)  

No notice shall be required under sub-paragraph (1) before the removal of

40

any remains or any monument to the deceased if—

 

 

Crossrail Bill
Schedule 14 — Burial grounds: removal of human remains and monuments

211

 

(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

undertaker.

      (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).

Removal of remains

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

paragraph 1(1)(a).

      (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

if—

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

who—

35

(a)   

is a husband, wife, parent, grandparent, child or grandchild of the

deceased, or

(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

removal, or

(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

 

 

Crossrail Bill
Schedule 14 — Burial grounds: removal of human remains and monuments

212

 

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.

Removal of monuments

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

the licence.

      (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).

Records

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

removed, and

(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

removed, and

40

(iv)   

states the place, if any, to which it was moved or how it was

disposed of, and

(b)   

provide the Registrar General with a copy of the record deposited

under paragraph (a).

 

 

Crossrail Bill
Schedule 15 — Reinstatement of discontinued facilities

213

 

      (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-

paragraph (1) or (2).

      (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.

Supplementary

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

remains, and

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

Schedule 15

Section 57

 

Reinstatement of discontinued facilities

Power to reinstate

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.

 

 

Crossrail Bill
Schedule 15 — Reinstatement of discontinued facilities

214

 

Planning conditions

2     (1)  

This paragraph has effect in relation to development authorised by

paragraph 1.

      (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

to which they relate;

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.

      (8)  

In this paragraph—

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

Planning Act 1990.

 

 

 
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