Crossrail Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
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(b)
the construction, maintenance or operation of a railway asset which is
not a Crossrail asset,

it may by notice in writing require a controller of the asset to enter into an
agreement with it about how the matter is to be dealt with.
(2)
Where a controller of a railway asset which is not a Crossrail asset considers
5
that a matter affects—
(a)
the construction, maintenance or operation of the asset, and
(b)
the construction, maintenance or operation of Crossrail,

it may by notice in writing require the nominated undertaker to enter into an
agreement with it about how the matter is to be dealt with.
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(3)
The terms of an agreement under subsection (1) or (2) shall be such as the
nominated undertaker and the controller of the asset may agree or, in default
of agreement, as may be determined by arbitration.
(4)
For the purposes of subsections (1) and (2), a railway asset is a Crossrail asset
if—
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(a)
in the case of a railway asset consisting of any network, station or light
maintenance depot, it is comprised in Crossrail, and
(b)
in the case of a railway asset consisting of any train being used on a
network, the network is comprised in Crossrail.
(5)
In this section—
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“controller”, in relation to a railway asset, means—
(a)
the person having the management of the asset for the time
being, or
(b)
a person who owns, or has rights in relation to, the asset;
“light maintenance depot”, “network”, “railway asset” and “station” have
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the same meanings as in Part 1 of the Railways Act 1993 (c. 43).
41
Arbitration after referral under section 40(3)
(1)
This section applies where a difference is referred under section 40(3) to
arbitration.
(2)
The parties must notify the Secretary of State of the referral without delay after
30
the commencement of the arbitral proceedings.
(3)
The Secretary of State may, on request or otherwise, direct the arbitrator as to
results that are to be achieved by the agreement for which terms are to be
determined by the arbitration.
(4)
A direction under subsection (3) may be made even though the making of the
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direction affects the outcome of proceedings to which the Secretary of State
himself, or a body in which he has an interest, is a party.
(5)
A request for a direction under subsection (3) may be made by the arbitrator
(as well as by a party).
(6)
For the purpose of determining whether or not the arbitrator has to comply
40
with a direction under subsection (3), the rule is that he must comply with the
direction in determining terms of the agreement if the direction—
(a)
is relevant to the determination of those terms, and
(b)
is given to him before he has made his award determining those terms.

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(7)
For the purpose of determining what the arbitrator has to do to comply with a
direction under subsection (3) with which he has to comply, the rule is that he
must carry out his function of determining terms of the agreement so as to
secure, so far as is reasonably practicable, that the results concerned are
achieved by the agreement.
5
42
Arbitration under section 40(3): multiple proceedings
(1)
The Secretary of State may, on request or otherwise, direct—
(a)
that a group of proceedings is to be consolidated, or
(b)
that concurrent hearings are to be held in a group of proceedings.
(2)
In subsection (1) “group of proceedings” means a group consisting of—
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(a)
section 40(3) proceedings, and
(b)
any one or more of the following—
(i)
other section 40(3) proceedings,
(ii)
arbitral proceedings related to the proceedings mentioned in
paragraph (a), and
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(iii)
arbitral proceedings related to section 40(3) proceedings that
are to be consolidated with the proceedings mentioned in
paragraph (a).
(3)
A request for a direction under subsection (1) may be made by the arbitrator or
any of the arbitrators (as well as by a party).
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(4)
A direction under subsection (1) shall specify the terms on which the
proceedings are to be consolidated or on which concurrent hearings are to be
held.
(5)
Where a direction under subsection (1) provides for the consolidation of
proceedings that do not all have the same arbitrator, the terms that may be
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specified in the direction include (in particular)—
(a)
terms specifying the person who is to be the arbitrator in the
consolidated proceedings;
(b)
terms under which that person is to be determined.
(6)
For the purposes of this section—
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(a)
“section 40(3) proceedings” means proceedings on arbitration of a
difference referred under section 40(3), and
(b)
arbitral proceedings are “related” to section 40(3) proceedings if—
(i)
the arbitral proceedings are not section 40(3) proceedings,
(ii)
at least one of the parties to the arbitral proceedings is also a
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party to the section 40(3) proceedings, and
(iii)
the Secretary of State considers that the subject-matter of the
arbitral proceedings is connected with the subject-matter of the
section 40(3) proceedings.
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Transfer of functions relating to works
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(1)
If the Secretary of State acquires any land for the purposes of this Act from a
railway operator and there are situated on the land works authorised by
statute, he may by order provide for the transfer to himself, or to a person
specified under section 47, of any statutory power or duty relating to the works
previously exercisable by the railway operator.
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(2)
The Secretary of State may by order provide for the further transfer to himself,
or to a person specified under section 47, of a power or duty transferred under
subsection (1) or this subsection.
(3)
If a railway operator acquires from the Secretary of State any land on which
there are situated works authorised by this Act, the Secretary of State may,
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with the consent of the railway operator, by order provide for the transfer to
the railway operator of any duty under this Act relating to the works.
(4)
An order under this section may contain such supplementary, incidental,
consequential or transitional provision as the Secretary of State considers
necessary or expedient in connection with the order.
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(5)
In subsections (1) and (3), references to a railway operator are to a person who
has the management for the time being of any network, station or light
maintenance depot.
(6)
In this section, “light maintenance depot”, “network” and “station” have the
same meanings as in Part 1 of the Railways Act 1993 (c. 43).
15
44
Application of section 122 of the Railways Act 1993
For the purposes of section 122 of the Railways Act 1993 (under which
availability of the defence of statutory authority depends on the operator of a
railway asset being the holder of a licence under section 8 of that Act or having
the benefit of a licence exemption) a person who has the benefit of exemption
20
under section 22(1) shall be treated as having the benefit of an exemption
granted under section 7 of that Act.
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Application of other railway legislation
Schedule 11 (application of railway legislation) has effect.
Miscellaneous and general
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46
Transfer schemes
Schedule 12 (power of Secretary of State to make schemes to transfer property,
rights and liabilities from Cross London Rail Links Limited, the Greater
London Authority, the London Development Agency or Transport for
London, their wholly-owned subsidiaries, the Secretary of State or companies
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wholly owned by the Secretary of State) has effect.
47
Holder of functions of nominated undertaker
(1)
The Secretary of State may by order—
(a)
provide that a person specified in the order shall be the nominated
undertaker for such purposes of such provisions of this Act as may be
35
so specified;
(b)
provide, in relation to any provision under paragraph (a), that the
provision shall cease to have effect in such circumstances as may be
specified in the order.
(2)
Where, in the case of any provision of this Act which refers to the nominated
40
undertaker, there is any purpose of the provision for which there is no one who

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is the nominated undertaker under subsection (1), any reference in the
provision to the nominated undertaker shall be construed, in relation to that
purpose, as a reference to the Secretary of State.
(3)
The Secretary of State may fetter the exercise of his discretion under subsection
(1) by agreement with—
5
(a)
the Mayor of London, or
(b)
a person who is, or is proposed to be, specified in an order under that
subsection.
(4)
Before exercising the power under subsection (1) or (3)(b), the Secretary of State
shall consult the Mayor of London.
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(5)
Subsection (4) does not apply to exercise of the power under subsection (1) in
accordance with an agreement under subsection (3).
(6)
The Secretary of State may by order make such modifications of any provision
of this Act referring to the Secretary of State, so far as applying for a purpose
in relation to which subsection (2) has effect, as appear to him to be necessary
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or expedient in consequence of his having functions by virtue of that
subsection.
(7)
An order under this section may contain such supplementary, incidental,
consequential or transitional provision as the Secretary of State considers
necessary or expedient in connection with the order.
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(8)
The power to make an order under this section shall be exercisable by statutory
instrument.
(9)
A statutory instrument containing an order under subsection (6) shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.
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48
Disapplication and modification of miscellaneous controls
Schedule 13 (which makes provision for the disapplication and modification of
miscellaneous statutory and other controls in relation to things done under this
Act and otherwise for the purposes of this Act) has effect.
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Burial grounds
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(1)
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 use of any land comprised in
a burial ground for the purpose of constructing any of the works authorised by
this Act.
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(2)
Subsection (1) shall not apply in relation to land in which human remains are
interred unless—
(a)
the remains have been removed and reinterred or cremated in
accordance with the provisions of Schedule 14, and
(b)
any monument to the deceased has been dealt with in accordance with
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those provisions.
(3)
Subsection (2) shall not apply where the use of the land for the purpose
mentioned in subsection (1) does not involve disturbing the human remains
which are interred in it.

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(4)
In this section (and Schedule 14)—
(a)
“enactment” includes an enactment in any local or private Act of
Parliament, and an order, rule, regulation, byelaw or scheme made
under an Act of Parliament;
(b)
“monument” includes a tombstone or other memorial;
5
(c)
references to a monument to any person are to a monument
commemorating that person, whether or not also commemorating any
other person.
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Application of landlord and tenant law
(1)
No enactment or rule of law regulating the rights and obligations of landlords
10
and tenants shall apply, in relation to the rights and obligations of the parties
to a lease granted by the Secretary of State in pursuance of a development
agreement—
(a)
so as to exclude or in any respect modify any of the rights and
obligations of those parties under the terms of the lease, whether with
15
respect to the termination of the tenancy or any other matter,
(b)
so as to confer or impose on either party any right or obligation arising
out of or connected with anything done or omitted on or in relation to
land which is the subject of the lease, in addition to any such right or
obligation provided for by the terms of the lease, or
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(c)
so as to restrict the enforcement (whether by action for damages or
otherwise) by either party to the lease of any obligation of the other
party under the lease.
(2)
In subsection (1), references to a lease granted by the Secretary of State in
pursuance of a development agreement include any provisions of a
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development agreement providing for the grant of a lease of any land by the
Secretary of State.
(3)
In this section, “development agreement” means an agreement to which the
Secretary of State is a party and under which another party has responsibilities
in relation to the design, construction, financing or maintenance of Crossrail.
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51
Disposal of Crown land
(1)
The Secretary of State may grant—
(a)
a lease of land to which subsection (2) applies, or
(b)
an easement or other right over such land,

for such period, for such consideration (if any) and otherwise on such terms as
35
the Secretary of State thinks fit.
(2)
This subsection applies to land within the limits of deviation for the scheduled
works or within the limits of land to be acquired or used which—
(a)
is subject to management under section 22 of the Crown Lands Act 1851
(c. 42) (which relates to the management of royal parks etc.), and
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(b)
appears to the Secretary of State to be required for or in connection with
the works authorised by this Act or otherwise for or in connection with
Crossrail.
(3)
Section 3(1) and (2) of the Crown Estate Act 1961 (c. 55) (limitations on Crown
Estate Commissioners’ powers of disposal in relation to land under their
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management) shall not apply in relation to land within the limits of deviation

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for the scheduled works or within the limits of land to be acquired or used
which appears to the Crown Estate Commissioners to be required for or in
connection with the works authorised by this Act or otherwise for or in
connection with Crossrail.
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Prohibitions or restrictions on land use imposed for Crossrail purposes
5
(1)
This section applies where—
(a)
a prohibition of or restriction on the use of land is imposed by a
covenant or agreement between a person interested in the land (“the
promisor”) and the Secretary of State, and
(b)
the covenant or agreement is made for purposes connected with
10
Crossrail.
(2)
The Secretary of State may enforce the prohibition or restriction against
persons deriving title from or under the promisor in respect of land to which it
relates as if—
(a)
the Secretary of State were possessed of adjacent land, and
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(b)
the covenant or agreement had been expressed to be made for the
benefit of such land.
(3)
Section 2(c) of the Local Land Charges Act 1975 (c. 76) (under which a
prohibition or restriction enforceable by a Minister of the Crown under a
covenant or agreement is not a local land charge if binding on successive
20
owners because made for the benefit of land of the Minister) shall not apply to
the prohibition or restriction.
53
Compensation for injurious affection
Section 10(1) of the Compulsory Purchase Act 1965 (c. 56) (compensation for
injurious affection) shall have effect, in relation to land injuriously affected by
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the execution of works under this Act, with the substitution for “acquiring
authority have” of “nominated undertaker has”.
54
Compensation for water abstraction
(1)
Section 48A(1) of the Water Resources Act 1991 (c. 57) (duty not to cause loss
or damage to another by the abstraction of water) shall not apply in relation to
30
the abstraction of water in connection with the exercise of the powers conferred
by this Act.
(2)
Where—
(a)
the nominated undertaker causes loss or damage to another person by
the abstraction of water in connection with the exercise of the powers
35
conferred by this Act, and
(b)
the circumstances are such that causing the loss or damage would have
constituted breach of the duty under section 48A(1) of the Water
Resources Act 1991, but for subsection (1),
it shall compensate the other person for the loss or damage.
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(3)
Compensation under subsection (2) shall be assessed on the same basis as
damages for breach of the duty under section 48A(1) of the Water Resources
Act 1991.

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(4)
Section 48A(5) of the Water Resources Act 1991 (c. 57) (prohibition of claims in
respect of loss or damage caused by abstraction of water which are not claims
under that section) has no application to claims under this section or Part 3 of
Schedule 16.
(5)
In this section, “abstraction” has the same meaning as in the Water Resources
5
Act 1991.
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Temporary possession agreements
(1)
This section applies where the Secretary of State and an owner of land subject
to the power under section 6(1) enter into an agreement which provides for the
owner’s interest in the land to be subject to paragraph 1 of Schedule 5.
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(2)
This Act shall have effect as if the table in paragraph 1(1) of Schedule 5
contained an entry in which—
(a)
column (1) specified such works as the agreement may provide or, in
the absence of such provision, any of the works authorised by this Act,
(b)
columns (2) and (3) specified the land to which the agreement relates,
15
and
(c)
column (4) specified such purpose as the agreement may provide or, in
the absence of such provision, any purpose connected with the works
authorised by this Act or otherwise connected with Crossrail.
(3)
In their application by virtue of subsection (2), paragraphs 1(1)(b) and (3) to (7)
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and 2 of Schedule 5, so far as relating to the owner’s interest in the land, shall
have effect with such modifications as the agreement may provide.
(4)
In its application by virtue of subsection (2), paragraph 1 of Schedule 5 shall
have effect as if for sub-paragraph (2) there were substituted—
“(2)
Not less than 3 months before entering upon and taking possession of
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land under this paragraph, the nominated undertaker shall give notice
to the owners and occupiers of the land—
(a)
of its intention to do so, and
(b)
stating that section 55 applies and explaining its effect.”.
(5)
Subsection (4) shall not apply where the land which it is proposed to enter
30
upon and take possession of is occupied by virtue of the interest which is the
subject of the agreement.
(6)
Where the power under paragraph 1(1)(a) of Schedule 5 is exercised in relation
to land to which the agreement relates, this Act shall have effect in relation to
interests in the land which are not the subject of an agreement by virtue of
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which this section applies as if—
(a)
section 6(5) and (6)(a), paragraphs 1(4) and (5), 2 and 5(3) and (4) of
Schedule 5 and paragraph 3(3) of Schedule 6 had not been enacted,
(b)
notice to treat had been given under section 5 of the Compulsory
Purchase Act 1965 (c. 56), and notice of entry had been given under
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section 11(1) of that Act, in respect of the land on the day on which
notice was given of intention to exercise the power under paragraph
1(1)(a) of Schedule 5 in relation to it, and
(c)
possession of the land had been taken under section 11(1) of the
Compulsory Purchase Act 1965 on the day on which the power under
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paragraph 1(1)(a) of Schedule 5 was exercised in relation to it.