Crossrail Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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.