Crossrail Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
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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 (c. 56) on the day on which the power
under paragraph 1(1)(a) of Schedule 5 was exercised in relation to it.
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(7)
The agreement may be amended or revoked by an agreement between the
Secretary of State and the owner of the interest to which the agreement relates.
(8)
Where the agreement is amended under subsection (7), subsections (2), (3) and
(5) to (7) shall have effect as if references to the agreement were references to
the agreement as amended.
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(9)
Where the agreement is revoked under subsection (7), this section shall cease
to apply by virtue of the agreement.
(10)
The agreement, and any variation of it under subsection (7), shall be a local
land charge.
(11)
An agreement which—
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(a)
has been entered into before the day on which this Act is passed, and
(b)
is in force immediately before that day,
shall be treated for the purposes of this section as having been entered into on
that day.
(12)
In this section “owner”, in relation to any land, includes a person holding or
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entitled to the rents and profits of the land under a lease or agreement the
unexpired term of which does not exceed 3 years.
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Application of Act to extensions
(1)
Subsection (2) applies to an order under section 1 of the Transport and Works
Act 1992 (c. 42) (orders as to railways etc.) which relates to—
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(a)
an extension of Crossrail, or
(b)
the provision, otherwise than as part of an extension of Crossrail, of a
railway facility for use for the purposes of or in connection with
Crossrail.
(2)
An order to which this subsection applies may apply any provision of this Act,
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with any modifications, in relation to anything authorised by the order, so far
as relating to a matter mentioned in subsection (1)(a) or (b).
(3)
An order under section 1 of the Transport and Works Act 1992 which relates to
an extension of Crossrail may also provide for any provision of this Act to have
effect as if Crossrail included the extension.
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(4)
The following provisions are excepted from the power conferred by subsection
(2)—
section 6(7) and (8),
paragraphs 18 and 19 of Schedule 6,
Schedule 9, and
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Schedule 10.
(5)
In subsection (1)(b), “railway facility” has the same meaning as in Part 1 of the
Railways Act 1993 (c. 43).

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Reinstatement of discontinued facilities
Schedule 16 (which authorises the reinstatement of discontinued facilities and
makes provision with respect to planning conditions) has effect.
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Protection of interests
Schedule 17 has effect for protecting the interests of the bodies and persons
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specified in that Schedule (being bodies and persons who may be affected by
other provisions of this Act).
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Power to devolve functions of Secretary of State
(1)
The Secretary of State may by order provide for a reference in a qualifying
provision of this Act to the Secretary of State to have effect as a reference—
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(a)
to the Greater London Authority,
(b)
to Transport for London, or
(c)
to the Greater London Authority and Transport for London.
(2)
The Secretary of State may fetter the exercise of his discretion under subsection
(1) by agreement with the Mayor of London or Transport for London.
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(3)
An order under subsection (1) may—
(a)
make provision applying for all purposes or for one or more particular
purposes;
(b)
contain such supplementary, incidental, consequential or transitional
provision as the Secretary of State considers necessary or expedient in
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connection with the order.
(4)
The provision which may be made by virtue of subsection (3)(b) includes
provision modifying any provision of this Act.
(5)
The power to make an order under subsection (1) shall be exercisable by
statutory instrument.
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(6)
A statutory instrument containing an order under subsection (1) shall be laid
before Parliament after being made.
(7)
The following provisions of this Act are qualifying provisions for the purposes
of subsection (1)—
sections 6(1), 7(1) and (2), 8(1), (3) and (4), 9(1), 25(6), 43(1) to (4), 48(1) to
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(4) and (7), 51, 53, 56(1) and (7) and 61(1) and (4);
paragraphs 1(2)(d) and 3(1), (4) and (5) of Schedule 3;
paragraphs 13(1), 14(2), (4) and (5), 16 and 18(2) to (4) of Schedule 6;
paragraphs 4(1), 7(3), 8(1), 12(2) and 17(2) of Schedule 14;
paragraphs 1(1), 3(2) to (4), 4(1), 6(1) and 7(1) and (3) of Part 2 of Schedule
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17;
paragraphs 1(1) and 2 of Part 5 of Schedule 17.
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Correction of deposited plans
(1)
If the deposited plans or the book of reference to those plans are inaccurate in
their description of any land, or in their statement or description of the
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ownership or occupation of any land, the Secretary of State, after giving not
less than 10 days’ notice to the owners and occupiers of the land in question,

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may apply to two justices having jurisdiction in the place where the land is
situated for the correction of the plans or book of reference.
(2)
If on such application it appears to the justices that the misstatement or wrong
description arose from mistake or inadvertence, the justices shall certify
accordingly and shall in their certificate state in what respect a matter is
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misstated or wrongly described.
(3)
A certificate under subsection (2) shall be deposited in the office of the Clerk of
the Parliaments and a copy of it shall be deposited—
(a)
in the Private Bill Office of the House of Commons, and
(b)
with the proper officer of each local authority in whose area the land to
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which the certificate relates is situated.
(4)
Upon deposit of a certificate in accordance with subsection (3), the deposited
plans or the book of reference shall be deemed to be corrected according to the
certificate and it shall be lawful for the Secretary of State, in accordance with
the certificate, to proceed under this Act as if the deposited plans or book of
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reference had always been in the corrected form.
(5)
A copy certificate deposited under subsection (3) shall be kept with the
documents to which it relates.
(6)
A justice of the peace may act under this section in relation to land which is
partly in one area and partly in another if he may act in respect of land in either
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area.
(7)
In this section—
“book of reference” means the book deposited in connection with the
Crossrail Bill in the office of the Clerk of the Parliaments and the Private
Bill Office of the House of Commons in February 2005, together with
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the books so deposited on 18th January, 9th May, 7th November 2006
and 16th May 2007;
“local authority” means—
(a)
in relation to land situated in the area of a unitary authority, that
authority, and
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(b)
in relation to land not situated in the area of a unitary authority,
the county council for the area.
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Service of documents
(1)
Any document required or authorised to be served on any person under this
Act may be served—
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(a)
by delivering it to him or by leaving it at his proper address or by
sending it by post to him at that address,
(b)
if the person is a body corporate, by serving it in accordance with
paragraph (a) on the secretary of that body, or
(c)
if the person is a partnership, by serving it in accordance with
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paragraph (a) on a partner or a person having control or management
of the partnership business.
(2)
For the purposes of this section and section 7 of the Interpretation Act 1978
(c. 30) (which relates to the service of documents by post) in its application to
this section, the proper address of any person on whom a document is to be
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served shall be his last known address, except that—

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(a)
in the case of service on a body corporate or its secretary, it shall be the
address of the registered or principal office of the body;
(b)
in the case of service on a partnership or a partner or a person having
control or management of a partnership business, it shall be the address
of the principal office of the partnership.
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(3)
For the purposes of subsection (2), the principal office of a company registered
outside the United Kingdom, or of a partnership carrying on business outside
the United Kingdom, is its principal office within the United Kingdom.
(4)
If a person to be served under this Act with any document by another has
specified to that other an address within the United Kingdom other than his
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proper address (as determined under subsection (2)) as the one at which he, or
someone on his behalf, will accept documents of the same description as that
document, that address shall also be treated as his proper address for the
purposes of this section and for the purposes of section 7 of the Interpretation
Act 1978 (c. 30) in its application to this section.
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(5)
Where a document is required or authorised to be served under this Act on a
person in his capacity as the owner of an interest in, or occupier of, any land
and his name or address cannot be ascertained after reasonable enquiry, the
document may be served by addressing it to him by name or by the description
of “owner” or “occupier”, as the case may be, of the land and—
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(a)
leaving it with a person who is, or appears to be, resident or employed
on the land, or
(b)
leaving it conspicuously affixed to some building or object on or near
the land.
(6)
In this section, “secretary”, in relation to a local authority within the meaning
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of the Local Government Act 1972 (c. 70), means the proper officer within the
meaning of that Act.
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Arbitration
(1)
Where under this Act any difference is to be referred to arbitration, the
difference shall be referred to, and settled by, a single arbitrator to be agreed
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between the parties or, in default of agreement, to be appointed on the
application of either party, after notice in writing to the other, by the President
of the Institution of Civil Engineers.
(2)
Subsection (3) applies where—
(a)
a party has under subsection (1) applied for the arbitrator to be
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appointed by the President of the Institution of Civil Engineers, and
(b)
the President notifies either of the parties that he is not going to appoint
an arbitrator under subsection (1).
(3)
In default of agreement between the parties as to who in the circumstances
should be the arbitrator, the arbitrator is to be appointed on the application of
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either party, after notice in writing to the other, by the Office of Rail Regulation.
(4)
The Office of Rail Regulation may under subsection (3) appoint as the
arbitrator a member or employee of that Office.
(5)
The Secretary of State for Communities and Local Government and the
Secretary of State for Transport acting jointly may by rules made by statutory
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instrument make provision about procedure in relation to arbitration under
this Act.