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Crossrail Bill


Crossrail Bill
Schedule 5 — Temporary possession and use of land

96

 

Grant of consent

8     (1)  

This paragraph applies to an application for consent under this Schedule by

the nominated undertaker.

      (2)  

An application to which this paragraph applies may only be refused—

(a)   

to the extent that it relates to exercise of the power conferred by

5

paragraph 3 of Schedule 2, on the ground that the electric line ought

to, and could reasonably, be installed elsewhere within the limits

specified, in relation to the diversion concerned, in the third column

of the table in paragraph 3 of Schedule 2, and

(b)   

to the extent that it does not relate to the exercise of that power, on

10

the ground that the electric line ought to, and could reasonably, be

installed elsewhere within the limits of deviation for the scheduled

works or within the limits of land to be acquired or used.

9          

A consent under this Schedule may include such conditions (including

conditions as to the ownership and operation of the electric line to which it

15

relates) as appear to the appropriate Ministers to be appropriate.

Variation and revocation of consent

10    (1)  

A consent under this Schedule may be varied or revoked by the Secretary of

State at any time after the end of such period as may be specified in the

consent.

20

      (2)  

The period which may be specified under sub-paragraph (1) shall not be less

than 10 years from the date of installation of the electric line to which the

consent relates.

Duration of consent

11         

Subject to paragraph 10, a consent under this Schedule shall continue in

25

force for such period as may be specified in or determined by or under the

consent.

Interpretation

12         

In this Schedule, references to the appropriate Ministers are to the Secretary

of State for Business, Enterprise and Regulatory Reform and the Secretary of

30

State for Transport acting jointly.

Schedule 5

Section 5

 

Temporary possession and use of land

Occupation and use for construction of works

1     (1)  

The nominated undertaker may, in connection with the construction of the

35

works specified in column (1) of the following table (or any works which are

necessary or expedient for the purposes of or in connection with those

works)—

 

 

Crossrail Bill
Schedule 5 — Temporary possession and use of land

97

 

(a)   

enter upon and take possession of the land specified in relation to

those works in columns (2) and (3) of that table for such purposes as

are so specified in column (4) of that table, and

(b)   

for such purposes as are so specified—

(i)   

remove from the land any structure or vegetation, and

5

(ii)   

construct on the land temporary works (including the

provision of means of access) and structures.

 

(1)

(2)

(3)

(4)

 
 

Works

Area

Number of

Purpose for which

 
   

land shown

temporary possession

 

10

   

on deposited

may be taken

 
   

plans

  
 

1/3A and 1/3B

City of

217

The provision of a

 
  

Westminster

 

working site.

 
 

1/3A and 1/3B

 

451

The provision of a

 

15

    

working site.

 
 

1/3A and 1/3B

 

692

The provision of a

 
    

working site.

 
 

1/9D

 

30c

The provision of a

 
    

working site.

 

20

 

1/3A and 1/3B

City of

104a and

The provision of a

 
  

London

104b

working site.

 
 

1/3A and 1/3B

 

104c

The provision of a

 
    

working site.

 
 

Proposed Whitechapel

London

245b

The provision of

 

25

 

Station comprised in

Borough of

 

access for

 
 

Works Nos. 1/3A and

Tower

 

construction.

 
 

1/3B

Hamlets

   
 

Any of the works

London

972 and 976

The provision of

 
 

authorised by this Act

Borough of

 

access and a

 

30

  

Tower

 

working site.

 
  

Hamlets

   
 

Any of the works

 

753, 774,

The provision of

 
 

authorised by this Act

 

775, 788, 789

access and barge

 
   

and 796

loading facilities.

 

35

 

1/7, 1/33A and 1/33B

London

160, 165 and

The provision of a

 
  

Borough of

170

working site.

 
  

Greenwich

   
 

Any of the works

London

83a

The provision of a

 
 

authorised by this Act

Borough of

 

working site.

 

40

  

Bexley

   
 

 

Crossrail Bill
Schedule 5 — Temporary possession and use of land

98

 
 

(1)

(2)

(3)

(4)

 
 

Works

Area

Number of

Purpose for which

 
   

land shown

temporary possession

 
   

on deposited

may be taken

 
   

plans

  

5

 

The provision of

Royal

62 and 72

The provision of a

 
 

overhead

Borough of

 

working site and

 
 

electricification

Windsor &

 

access for

 
 

equipment and works

Maidenhead

 

construction.

 
 

to Maidenhead Bridge

    

10

 

3/3A

Borough of

81

The provision of

 
  

Slough

 

access and a

 
    

working site.

 
 

3/6

 

172 and 173

The provision of a

 
    

working site.

 

15

 

3/7A and 3/7B

 

187

The provision of a

 
    

working site.

 
 

The provision and

London

111

The provision of a

 
 

renewal of railway

Borough of

 

working site.

 
 

systems and station

Ealing

   

20

 

facilities for

    
 

operational purposes

    
 

(Ealing Broadway

    
 

Station)

    
 

      (2)  

Not less than 28 days before entering upon and taking possession of land

25

under this paragraph, the nominated undertaker shall give notice to the

owners and occupiers of the land of its intention to do so.

      (3)  

The nominated undertaker may not remain in possession of any land under

this paragraph after the end of the period of one year beginning with the

date of completion of the works specified in relation to the land in column

30

(1) of the table in sub-paragraph (1) unless the owners of the land agree.

      (4)  

The nominated undertaker shall pay compensation to the owners and

occupiers of land of which possession is taken under this paragraph for any

loss which they may suffer by reason of the exercise in relation to the land of

the power or powers conferred by this paragraph.

35

      (5)  

Any dispute as to a person’s entitlement to compensation under sub-

paragraph (4), or as to the amount of compensation, shall be determined

under and in accordance with Part 1 of the Land Compensation Act 1961

(c. 33).

      (6)  

Nothing in this paragraph shall affect any liability to pay compensation

40

under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied

to the acquisition of land under section 6(1), or under any other enactment,

otherwise than for loss for which compensation is payable under sub-

paragraph (4).

      (7)  

In this paragraph, “structure” includes any erection.

45

 

 

Crossrail Bill
Schedule 5 — Temporary possession and use of land

99

 

2     (1)  

Before giving up possession of land of which possession has been taken

under paragraph 1, the nominated undertaker shall, in accordance with a

scheme agreed with the owners of the land and the relevant planning

authority, put the land into such condition as the scheme may provide.

      (2)  

If, in relation to any land of which possession has been taken under

5

paragraph 1, no scheme has been agreed for the purposes of this paragraph

within 6 months of the date of completion of the works specified in relation

to the land in column (1) of the table in paragraph 1(1), the scheme shall be

such as may be determined by the appropriate Ministers after consultation

with the nominated undertaker, the owners of the land and the relevant

10

planning authority.

      (3)  

Unless the owners of the land and the nominated undertaker otherwise

agree, a scheme determined under sub-paragraph (2) shall provide for land

to be restored to its former condition.

      (4)  

Unless the nominated undertaker otherwise agrees, a scheme determined

15

under sub-paragraph (2) shall not provide for the nominated undertaker to

replace any structure removed under paragraph 1, other than a fence.

      (5)  

Where the appropriate Ministers ask the relevant planning authority for

assistance in connection with the carrying out by them of their function

under sub-paragraph (2), they may require the nominated undertaker to

20

reimburse to the planning authority any expenses which it reasonably incurs

in meeting the request.

      (6)  

The duty under sub-paragraph (1) in relation to any land shall be owed

separately to the owners of the land and to the relevant planning authority.

      (7)  

Where a scheme for the purposes of this paragraph provides for any step to

25

be taken by the nominated undertaker before a specified date and that step

has not been taken before that date, the relevant planning authority may—

(a)   

enter the land concerned and take that step, and

(b)   

require the nominated undertaker to reimburse to it any expenses

which it reasonably incurs in acting under paragraph (a).

30

      (8)  

In this paragraph—

“appropriate Ministers” means the Secretary of State for Communities

and Local Government and the Secretary of State for Transport

acting jointly;

“relevant planning authority” means—

35

(a)   

in relation to land in the area of a unitary authority, the local

planning authority;

(b)   

in relation to land not in the area of a unitary authority, the

district planning authority;

“structure” includes any erection.

40

3     (1)  

The nominated undertaker may use any road situated on land specified in

the table in paragraph 8 of Schedule 6 for the passage of persons or vehicles

(with or without materials, plant and machinery) for the purpose of or in

connection with the construction of the works authorised by this Act.

      (2)  

The nominated undertaker shall compensate the person having the

45

management of a road to which sub-paragraph (1) applies for any loss which

he may suffer by reason of the exercise of the power conferred by that sub-

paragraph.

 

 

Crossrail Bill
Schedule 5 — Temporary possession and use of land

100

 

      (3)  

Any dispute as to a person’s entitlement to compensation under sub-

paragraph (2), or as to the amount of such compensation, shall be

determined under and in accordance with Part 1 of the Land Compensation

Act 1961 (c. 33).

Occupation and use for maintenance of works

5

4     (1)  

At any time during the maintenance period relating to any of the scheduled

works, the nominated undertaker may—

(a)   

enter upon and take possession of any land which is—

(i)   

within 20 metres from that work, and

(ii)   

within the limits of deviation for the scheduled works or the

10

limits of land to be acquired or used,

   

if such possession is reasonably required for the purpose of or in

connection with maintaining the work or any ancillary works

connected with it, and

(b)   

construct on the land such temporary works (including the provision

15

of means of access) and structures as may be reasonably so required.

      (2)  

Sub-paragraph (1) shall not authorise the nominated undertaker to take

possession of—

(a)   

a house, any other structure which is for the time being occupied, or

a garden belonging to a house,

20

(b)   

land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule

6, or

(c)   

such of the land specified in columns (1) and (2) of the table in

paragraph 10 of Schedule 6 as falls outside the description specified

in relation to it in column (3) of the table.

25

      (3)  

Not less than 28 days before entering upon and taking possession of land

under this paragraph, the nominated undertaker shall give notice to the

owners and occupiers of the land of its intention to do so.

      (4)  

The nominated undertaker may only remain in possession of land under this

paragraph for so long as may be reasonably required to carry out the

30

maintenance works for which possession of the land was taken.

      (5)  

Before giving up possession of land of which possession has been taken

under this paragraph, the nominated undertaker shall restore the land to the

reasonable satisfaction of the owners of the land.

      (6)  

The nominated undertaker shall pay compensation to the owners and

35

occupiers of land of which possession is taken under this paragraph for any

loss which they may suffer by reason of the exercise in relation to the land of

the powers conferred by this paragraph.

      (7)  

Any dispute as to a person’s entitlement to compensation under sub-

paragraph (6), or as to the amount of the compensation, shall be determined

40

under and in accordance with Part 1 of the Land Compensation Act 1961.

      (8)  

Nothing in this paragraph shall affect any liability to pay compensation

under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied

to the acquisition of land under section 6(1), or under any other enactment,

otherwise than for loss for which compensation is payable under sub-

45

paragraph (6).

 

 

Crossrail Bill
Schedule 5 — Temporary possession and use of land

101

 

      (9)  

In this paragraph—

(a)   

“the maintenance period”, in relation to any work, means the period

beginning with the date on which the work is completed and ending

5 years after the date on which it is brought into general use;

(b)   

“structure” includes any erection;

5

(c)   

any reference to land within a specified distance of a work includes,

in the case of a work under the surface of the ground, a reference to

land within the specified distance of any point on the surface below

which the work is situated.

Suspension of private rights of way

10

5     (1)  

Subject to sub-paragraph (2), all private rights of way over land of which the

nominated undertaker takes possession under paragraph 1 or 4 above shall

be suspended and unenforceable for as long as it remains in lawful

possession of the land.

      (2)  

The nominated undertaker may, in relation to a right of way, by direction

15

provide—

(a)   

that sub-paragraph (1) shall not apply to the right, or

(b)   

that sub-paragraph (1) shall apply to the right only to such extent as

may be specified in the direction.

      (3)  

The nominated undertaker shall compensate any person who suffers loss by

20

reason of the suspension of any right under sub-paragraph (1).

      (4)  

Any dispute as to a person’s entitlement to compensation under sub-

paragraph (3), or as to the amount of the compensation, shall be determined

under and in accordance with Part 1 of the Land Compensation Act 1961

(c. 33).

25

Enforcement

6     (1)  

If the nominated undertaker is under this Schedule authorised to enter on

and take possession of any land, and the owner or occupier of any of that

land, or any other person, refuses to give up possession of it, or hinders the

nominated undertaker from entering on or taking possession of it, the

30

nominated undertaker may issue its warrant to the sheriff to deliver

possession of it to the person appointed in the warrant to receive it.

      (2)  

On receipt of a warrant under sub-paragraph (1), the sheriff shall deliver

possession of the land concerned in accordance with the warrant.

      (3)  

Section 13(3) to (5) of the Compulsory Purchase Act 1965 (c. 56) (recovery of

35

costs of issue and execution of warrant) shall apply in relation to the costs

accruing by reason of the issue and execution of a warrant under this

paragraph.

      (4)  

In the application of those provisions for the purposes of this paragraph—

(a)   

the reference in subsection (3) to the acquiring authority shall be read

40

as a reference to the nominated undertaker, and

(b)   

references to compensation payable to the person refusing to give

possession shall be read as references to compensation payable

under this Schedule.

 

 

Crossrail Bill
Schedule 6 — Acquisition of land shown within limits on deposited plans
Part 1 — Purposes for which certain land may be acquired

102

 

      (5)  

In this paragraph, “sheriff” has the same meaning as in section 13 of the

Compulsory Purchase Act 1965 (c. 56).

Schedule 6

Section 6

 

Acquisition of land shown within limits on deposited plans

Part 1

5

Purposes for which certain land may be acquired

 

(1)

(2)

(3)

 
 

Area

Number of land shown on

Purpose for which land may

 
  

deposited plans

be acquired or used

 
 

London Borough of

2c, 3c, 4c, 5c, 9b, 9c, 9g

The provision and

 

10

 

Hammersmith & Fulham

and 9h

renewal of railway

 
   

systems and depot

 
   

facilities for operational

 
   

purposes.

 
  

6, 7, 9 and 13 to 16

The provision and

 

15

   

renewal of railway

 
   

systems for operational

 
   

purposes.

 
 

Royal Borough of

2c

The provision of a

 
 

Kensington & Chelsea

 

working site and

 

20

   

exchange land.

 
  

4

The provision of access

 
   

for construction and

 
   

maintenance.

 
  

8 to 15, 17 to 19, 21 to 23

The provision and

 

25

  

and 26

renewal of railway

 
   

systems for operational

 
   

purposes.

 
 

City of Westminster

1 and 2

The provision of a

 
   

working site and access

 

30

   

for construction.

 
  

14

The provision of a

 
   

working site.

 
  

30 to 32, 49, 77 and 78

The provision and

 
   

renewal of railway

 

35

   

systems for operational

 
   

purposes.

 
 

 

 
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