Office of Public Sector Information
(1) The Secretary of State may, with the consent of a company to which this subsection applies, by order make provision for the company to be treated as a protected railway company for the purposes of Part 1 of the Railways Act 1993 (c. 43).
(2) Subsection (1) applies to a company if—
(a) it is a private sector operator and it has, for the time being, the management of a railway facility that is or is part of, or is associated with, the railway mentioned in section 1(1)(a), or
(b) it is a private sector operator and it owns, or has rights in relation to, such a railway facility.
(3) The power to make an order under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) In this section “private sector operator” and “railway facility” have the same meanings as in Part 1 of the Railways Act 1993.
(1) Where the nominated undertaker considers that a matter affects—
(a) the construction, maintenance or operation of Crossrail, and
(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 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.
(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—
(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) Subsections (1) and (2) do not apply in relation to—
(a) a matter which pursuant to any enactment must or may be dealt with by the Office of Rail Regulation, or
(b) a matter relating to an agreement which pursuant to any provision of that or any other agreement must or may be dealt with by the Office of Rail Regulation.
(6) In this section—
“controller”, in relation to a railway asset, means—
the person having the management of the asset for the time being, or
a person who owns, or has rights in relation to, the asset;
“light maintenance depot”, “network”, “railway asset” and “station” have the same meanings as in Part 1 of the Railways Act 1993 (c. 43).
(1) This section applies where a difference is referred under section 30(3) to arbitration.
(2) The parties must notify the Secretary of State of the referral without delay after 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 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 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.
(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.
(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—
(a) section 30(3) proceedings, and
(b) any one or more of the following—
(i) other section 30(3) proceedings,
(ii) arbitral proceedings related to the proceedings mentioned in paragraph (a), and
(iii) arbitral proceedings related to section 30(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).
(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 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—
(a) “section 30(3) proceedings” means proceedings on arbitration of a difference referred under section 30(3), and
(b) arbitral proceedings are “related” to section 30(3) proceedings if—
(i) the arbitral proceedings are not section 30(3) proceedings,
(ii) at least one of the parties to the arbitral proceedings is also a party to the section 30(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 30(3) proceedings.
(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 39, of any statutory power or duty relating to the works previously exercisable by the railway operator.
(2) The Secretary of State may by order provide for the further transfer to himself, or to a person specified under section 39, 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, 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.
(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).
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 under section 24(1) shall be treated as having the benefit of an exemption granted under section 7 of that Act.
Schedule 11 (application of railway legislation) has effect.
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 wholly owned by the Secretary of State) has effect.
Schedule 13 (tax provisions relating to transfer schemes) has effect.
(1) This section applies where—
(a) Transport for London or a subsidiary of Transport for London enters into an agreement or arrangements with the Secretary of State (alone or with other persons), and
(b) for purposes connected with Crossrail, provision is made in the agreement or arrangements for the transfer of any property, rights or liabilities of Transport for London or a subsidiary of Transport for London to the Secretary of State or a company which is wholly owned by the Secretary of State.
(2) Sections 154(3) and 155(1) of the 1999 Act shall not prevent or restrict, or authorise the prevention or restriction of, the discharge by Transport for London, or any subsidiary of Transport for London, of its functions in accordance with the provision referred to in subsection (1)(b).
(3) Consent is not required—
(a) under subsection (1) of section 163 of the 1999 Act for any disposal of a freehold interest in land, or grant of a leasehold interest in land, which is made in accordance with the provision referred to in subsection (1)(b), or
(b) under subsection (2) of that section for any transaction so made.
(4) In subsection (1)(b)—
(a) the reference to the transfer of any property includes the creation of an interest in, or right in relation to, the property, and
(b) the reference to a company wholly owned by the Secretary of State is to be construed in accordance with the provision made by paragraph 3(2) of Schedule 12.
(5) In this section—
“the 1999 Act” means the Greater London Authority Act 1999 (c. 29);
“subsidiary” has the same meaning as in that Act.
(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 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 undertaker, there is any purpose of the provision for which there is no one who 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—
(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.
(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 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.
(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.
Schedule 14 (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.
(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.
(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 15, and
(b) any monument to the deceased has been dealt with in accordance with 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.
(4) In this section (and Schedule 15)—
(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;
(c) references to a monument to any person are to a monument commemorating that person, whether or not also commemorating any other person.
(1) No enactment or rule of law regulating the rights and obligations of landlords 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 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
(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 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.
(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 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
(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 management) shall not apply in relation to land within the limits of deviation 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.
(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 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
(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 owners because made for the benefit of land of the Minister) shall not apply to the prohibition or restriction.
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 the execution of works under this Act, with the substitution for “acquiring authority have” of “nominated undertaker has”.
(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 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 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.
(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.
(4) Section 48A(5) of the Water Resources Act 1991 (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 17.
(5) In this section, “abstraction” has the same meaning as in the Water Resources Act 1991.
(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.
(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, 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) 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 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 47 applies and explaining its effect.”
(5) Subsection (4) shall not apply where the land which it is proposed to enter 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 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 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 paragraph 1(1)(a) of Schedule 5 was exercised in relation to it.
(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.
(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—
(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 entitled to the rents and profits of the land under a lease or agreement the unexpired term of which does not exceed 3 years.
(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—
(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, 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.
(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
Schedule 10.
(5) In subsection (1)(b), “railway facility” has the same meaning as in Part 1 of the Railways Act 1993 (c. 43).
Schedule 16 (which authorises the reinstatement of discontinued facilities and makes provision with respect to planning conditions) has effect.
Schedule 17 has effect for protecting the interests of the bodies and persons specified in that Schedule (being bodies and persons who may be affected by other provisions of this Act).
(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—
(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.
(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 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.
(6) A statutory instrument containing an order under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(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), 33(1) to (4), 39(1) to (4) and (7), 42, 44, 47(1) and (7) and 52(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 17;
paragraphs 1(1) and 2 of Part 5 of Schedule 17.
(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 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, 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 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 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 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 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 the books so deposited on 18th January, 9th May, 7th November 2006 and 16th May 2007;
“local authority” means—
in relation to land situated in the area of a unitary authority, that authority, and
in relation to land not situated in the area of a unitary authority, the county council for the area.
(1) Any document required or authorised to be served on any person under this Act may be served—
(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 paragraph (a) on a partner or a person having control or management of the partnership business.
Crossrail Act 2008