APPENDIX 2: CROSSRAIL BILL — GOVERNMENT
AMENDMENTS
Supplementary memorandum by the Department for
Transport
Introduction
1. This supplementary memorandum responds to
the Committee's 4th report of the current parliamentary
session [HL Paper 49] and informs the Committee of further provisions
related to delegated powers which we hope to include in the Crossrail
Bill during its final stages of public scrutiny in the House of
Lords. It should be read in conjunction with the memorandum of
21 January 2008 which contains general background information
on the Crossrail Bill.
Committee's 4th report of the current
session [HL Paper 49]
2. The Government accept the Committee's recommendations
contained in their earlier report relating to clauses 60(1) (power
to devolve functions of Secretary of State) and 20(4) and 63(5)
(arbitration) and have tabled amendments to address these. A copy
of these amendments is attached.
Clause 16(2) - Provision to disapply by order
the deemed planning permission under the Bill in respect of the
maintenance or alteration of development; form
and procedure - Order to be laid before Parliament after being
made
3. Schedule 9 to the Bill essentially disapplies
the normal heritage protections provided in respect of listed
buildings, buildings in conservation areas and ancient monuments
that might be affected by the Crossrail works. The purpose of
the Schedule is to facilitate the construction of Crossrail, bearing
in mind the scrutiny afforded to the project by the Select Committee
and the residual safeguards.
4. Clause 16(2) allows the Secretary of State,
by means of an order made by statutory instrument, to disapply
elements of this bespoke regime in relation to listed buildings,
buildings in conservation areas and ancient monuments etc. in
respect of certain works related to Crossrail from the date (or
dates) specified in the order. In essence, this provision allows
the Secretary of State to switch off various parts of Schedule
9 - and would allow post-construction maintenance of Crossrail
to be controlled in the usual way for works affecting listed building
and other historic property.
5. Exercise of this power would be an act of
simplification following construction of Crossrail, restoring
the normal consents regime in relation to such buildings and monuments.
As such it requires transparency rather than direct Parliamentary
scrutiny hence the Department believes that all that is required
is for the resultant Order to be laid before Parliament after
making.
6. These amendments were made during the House
of Lords Select Committee process.
First New Clause, sub clause 3 - Provision to
specify by order that the section, 'Objective of ORR in relation
to Crossrail' shall cease to have effect;
form and procedure - Order to be laid before Parliament after
being made
7. New clause 1(3) allows the Secretary of State,
by means of an order made by statutory instrument, to specify
that the section, 'Objective of ORR in relation to Crossrail'
shall cease to have effect. New clause 1 has the effect of including
in the Office of Rail Regulation's list of objectives in section
4(1) of the Railways Act 1993 ('Objectives of Office of Rail Regulation
and Secretary of State') the objective of facilitating the construction
of Crossrail. Once the Crossrail construction phase has been completed,
this objective will cease to have any purpose.
8. Therefore, following the construction of Crossrail,
the Secretary of State's exercise of the power in new clause 1(3)
would be an act of simplification, to remove the objective from
section 4(1) of the Railways Act 1993 once there ceases to be
a need for it.
9. As such it requires transparency rather than
direct Parliamentary scrutiny; hence the Department believes that
all that is required is for the resultant order to be laid before
Parliament after being made.
10. A copy of this new clause is attached (Not
printed).
Second New Clause, sub clause 5 - Provision to
specify by order that the section, 'Duty of ORR to publish reports'
shall cease to have effect;
form and procedure - Order to be laid before Parliament after
being made
11. New clause 2(5) allows the Secretary of State,
by means of an order made by statutory instrument, to specify
that the section; 'Duty of ORR to publish reports' shall cease
to have effect. New clause 2 has the effect of requiring the Office
of Rail Regulation to publish a report on what it has done, or
proposes to do, to further the objective given to it under new
clause 1, and how it has exercised or proposes to exercise its
functions in connection with the operation of Crossrail passenger
services.
12. Once the Crossrail passenger services are
fully operational, they will become part of the national rail
network and be subject to normal railway industry processes. Therefore,
the usefulness of such reports from the Office of Rail Regulation
is expected to diminish over time, and the Secretary of State's
exercise of the power in new clause 2(5) would be an act of simplification,
lifting a redundant requirement on the Office of Rail Regulation.
13. As such it requires transparency rather than
direct Parliamentary scrutiny; hence the Department believes that
all that is required is for the resultant order to be laid before
Parliament after being made.
Department for Transport
June 2008
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