Office of Public Sector Information

(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 served shall be his last known address, except that—

(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.

(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 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 in its application to this section.

(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—

(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 of the Local Government Act 1972 (c. 70), means the proper officer within the meaning of that Act.

54 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 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 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 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 instrument make provision about procedure in relation to arbitration under this Act.

(6) A statutory instrument containing rules under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Final

55 “Deposited plans”, “deposited sections”

(1) In this Act, “deposited plans” and “deposited sections” mean, respectively, the plans and sections 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.

(2) The plans and sections referred to in subsection (1) are—

(a) those deposited in February 2005, as altered by replacement Sheets Nos. 11, 17, 23, 43, 44, 113, 114, 152, 158, 180, 181 and 193 deposited in January 2006, replacement Sheets Nos. 4, 26, 33, 46, 48, 102, 155, 156, 180 and 206 deposited in May 2006, replacement Sheets Nos. 1 to 6, 9, 10, 13, 17, 21, 22, 25, 32, 47, 59 to 62, 70, 86, 112, 121, 128 to 130 and 162 to 164 deposited in November 2006, replacement Sheets Nos. 30 to 37 and 169 to 174 deposited in May 2007 and consolidated replacement Sheets Nos. 14, 15, 155 and 156 deposited in July 2007,

(b) Sheet No. 244 deposited in January 2006,

(c) Sheets Nos. 25a, 246 to 257 and 259 to 275 deposited in November 2006, and

(d) consolidated replacement Sheet No. 245 deposited in July 2007.

56 Interpretation

(1) In this Act—

• “bridleway”, “carriageway”, “footpath”, “footway”, “highway”, “highway authority” and “local highway authority” have the same meanings as in the Highways Act 1980 (c. 66);

• “burial ground” means a churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment;

• “development” has the same meaning as in the Town and Country Planning Act 1990 (c. 8);

• “the EIA regulations” has the meaning given by section 10(9);

• “limits of deviation” means the limits of deviation which are shown on the deposited plans;

• “limits of land to be acquired or used” means the limits of land to be acquired or used which are shown on the deposited plans;

• “owner” has the same meaning as in the Acquisition of Land Act 1981 (c. 67);

• “scheduled works” has the meaning given by section 1(1);

• “unitary authority” means—

  (a)

  the council of any county so far as it is the council for an area for which there are no district councils;

  (b)

  the council of any district comprised in an area for which there is no county council;

  (c)

  the council of a London borough;

  (d)

  the Common Council of the City of London.

(2) References in this Act to Crossrail are to a railway transport system running from Maidenhead, in the County of Berkshire, and Heathrow Airport, in the London Borough of Hillingdon, through central London to Shenfield, in the County of Essex, and Abbey Wood, in the London Borough of Greenwich.

(3) References in this Act to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(4) References in this Act to the nominated undertaker shall be construed in accordance with section 39.

(5) In this Act—

(a) a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans;

(b) a reference to a work identified by numbers (or numbers and a letter) is a reference to the scheduled work of those numbers (or those numbers and letter);

(c) any reference in any description of works, powers or land to area, distance, length or direction, or to a particular location, shall be construed as if qualified by the words “or thereabouts”;

(d) reference to distance, in relation to points on a road or railway, is to distance measured along the centre line of the road or railway.

(6) For the purposes of this Act, the level of the surface of land shall be taken—

(a) in the case of land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b) in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

57 Financial provisions

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State in consequence of this Act, and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

58 Short title

This Act may be cited as the Crossrail Act 2008.