Office of Public Sector Information
SCHEDULE 3 continued
(4) The purpose of consultation under sub-paragraph (3) shall be to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience.
(5) Before exercising the powers conferred by sub-paragraph (1) in relation to a highway, or to an extent, not specified in the table in sub-paragraph (3), the nominated undertaker shall obtain the consent in writing of the highway authority.
(6) Consent under sub-paragraph (5) shall not be unreasonably withheld, but may be given subject to such conditions as the highway authority may reasonably require in the interest of public safety or convenience.
(7) If a highway authority which receives an application for consent under sub-paragraph (5) fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted the application.
(8) Sub-paragraph (7) shall have effect in relation to an application for consent which relates to a GLA side road (within the meaning of the Road Traffic Regulation Act 1984 (c. 27)) or a road which is designated under section 60(1) or 61(1) of the Traffic Management Act 2004 (c. 18) (roads in Greater London which are strategic roads) with the substitution for “28” of “42”.
(9) Any dispute with a highway authority about consent under sub-paragraph (5) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.
(10) It is hereby declared for the avoidance of doubt that there is no need to reinstate a highway or part of a highway in relation to which any of the powers conferred by sub-paragraph (1) has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power conferred by paragraph 1(1) or 2(1).
6 Any highway or part of a highway which is stopped up under paragraph 5(1)(a) may be used as a working site if it is within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.
7 (1) The nominated undertaker may, for the purposes of the works authorised by this Act, enter upon any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used and—
(a) place, maintain or alter, or change the position of, apparatus in it,
(b) remove apparatus from it, and
(c) execute any works required for, or incidental to, any works authorised by paragraph (a) or (b).
(2) In this paragraph, “apparatus” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991 (c. 22).
8 (1) Works to which sub-paragraph (2) below applies shall be treated for the purposes of Part 3 of the New Roads and Street Works Act 1991 (street works) as major transport works if—
(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works), or
(b) they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the Highways Act 1980 (c. 66).
(2) This sub-paragraph applies to any works executed under this Act in relation to a highway which consists of or includes a carriageway, other than those executed under power delegated to a highway authority by an agreement under paragraph 14(2) below.
9 (1) Where under this Act the nominated undertaker—
(a) constructs a new highway, or
(b) alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991,
the construction or alteration shall be completed to the reasonable satisfaction of the highway authority.
(2) Where work to which sub-paragraph (1) applies has been completed to the reasonable satisfaction of a highway authority, it shall certify that fact in writing to the nominated undertaker.
(3) If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made—
(a) issue a certificate under that sub-paragraph, or
(b) notify the nominated undertaker of its decision to refuse to issue such a certificate,
it shall be deemed to have issued such a certificate at the end of that period.
(4) Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.
10 (1) Sub-paragraph (2) applies where under this Act the nominated undertaker—
(a) realigns a highway which is constituted by or comprises a carriageway, or
(b) constructs a new highway which is constituted by or comprises a carriageway.
(2) The realignment, or construction, shall be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld.
(3) Any dispute with a highway authority under sub-paragraph (2) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.
(4) If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans, sections or specifications as submitted.
11 (1) Sub-paragraph (2) applies where under this Act the nominated undertaker—
(a) constructs a new highway, or
(b) alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991 (c. 22).
(2) Unless otherwise agreed between the nominated undertaker and the highway authority, the new or altered highway shall be maintained by and at the expense of the nominated undertaker for a period of 12 months from the later of—
(a) the date of practical completion, and
(b) the date on which it is first open for public use;
and after the end of that period shall be maintained by and at the expense of the highway authority.
(3) Where in relation to a highway to which sub-paragraph (2) applies the highway authority is satisfied that the highway is practically complete or is open for public use, it shall, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.
(4) If the highway authority refuses a request to issue a certificate under sub-paragraph (3), or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.
(5) For the purposes of sub-paragraph (2), the date of practical completion of a highway, or the date on which it is first open for public use, shall be taken to be—
(a) where the date has been determined under sub-paragraph (4), the date so determined, and
(b) where it has not, the date certified under sub-paragraph (3).
(6) Sub-paragraph (2) shall not have effect to impose any obligation in relation to—
(a) the structure of any bridge carrying a highway over any railway of the nominated undertaker, or
(b) the structure of any tunnel carrying a highway under any such railway.
(7) Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991 (c. 22).
12 Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845 (c. 20), as incorporated with this Act, the nominated undertaker shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.
13 Each of sections 116 and 117 of the Transport Act 1968 (c. 73) (duties as respects bridges carrying highways over railways) shall apply as if the nominated undertaker were one of the boards mentioned in that section.
14 (1) Where under this Schedule the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into agreements with the persons having the charge, management or control of the highway concerning the construction (or contribution towards the expenses of construction) of—
(a) any new highway to be provided in substitution,
(b) any alteration of the existing highway, and
(c) any other related matters.
(2) The nominated undertaker may, by agreement with any such persons, delegate to them the power of constructing any such new highway or any such alteration of an existing highway, including any bridge over any railway, and, where the nominated undertaker is responsible for maintaining the new or altered highway (or bridge), the power to maintain it.
15 (1) The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Act so much of the subsoil of any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest in it.
(2) The power conferred by sub-paragraph (1) shall not be exercisable in relation to the subsoil of a highway within the limits of land to be acquired or used, but outside the limits of deviation for the scheduled works, if the highway is comprised in land specified in the following table.
| (1) | (2) |
|---|---|
| Area | No. on deposited plans |
| City of Westminster | 30d, 38, 81, 85, 112, 115, 117, 120, 121, 213, 218, 340, 341, 416, 417, 419, 420, 423, 447, 448, 449, 453, 454, 455, 548, 549, 549a, 551, 566, 595, 598, 600, 666, 684, 685, 689, 690 and 691 |
| London Borough of Camden | 1, 3, 5, 7, 10, 11, 13, 30, 31, 32, 153, 154, 155, 279, 281, 282 and 283 |
| London Borough of Islington | 1, 3, 4, 13, 24, 25, 34, 90, 92, 93, 94, 95 and 99 |
| City of London | 1, 2, 3, 4, 7, 8, 9, 17, 18, 20, 34, 36, 52, 53, 55a, 71, 72, 73, 74, 80a, 81, 101, 102, 103, 108, 113, 115, 125, 136, 138, 143, 159, 160 and 161 |
| London Borough of Tower Hamlets | 224, 224a, 225, 225b, 227a, 250, 252, 252a, 252b, 269, 280, 281, 290, 293, 294, 391, 393, 396, 398, 664, 820, 988, 990, 991, 993, 1135, 1145, 1247c, 1295, 1412a, 1413a, 1421, 1421b, 1423a, 1445 and 1446 |
| London Borough of Newham | 8, 76, 155, 164, 189, 193, 205, 206, 258, 259, 260, 278, 288, 366, 379, 565, 619 and 670 |
| London Borough of Greenwich | 3, 5, 15, 31e, 35a, 100, 101, 104, 109, 125, 125a, 130, 138, 144, 155, 159, 164, 169, 173, 182, 187 and 227 |
| London Borough of Bexley | 28, 64 and 68 |
| London Borough of Redbridge | 26 and 41 |
| London Borough of Barking & Dagenham | 17 and 18 |
| London Borough of Havering | 2, 11, 12, 24, 105, 117, 120, 134, 138, 140, 149, 154, 164 and 194 |
| Borough of Brentwood | 24 and 52 |
| District of Basildon | 13 and 14 |
| Borough of Slough | 14, 20, 22, 23, 32, 53, 56, 60, 113, 162, 168 and 253a |
| London Borough of Hillingdon | 97, 98, 115, 116 and 211b |
| London Borough of Ealing | 9, 62, 62a, 88, 125, 144, 159, 160, 164, 177, 183 and 186 |
(3) In the case of a highway comprised in land specified in the table in columns (1) and (2) of the table in paragraph 10 of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as falls within the description specified in relation to the land in column (3) of the table.
(4) In the case of a highway comprised in land specified in the table in paragraph 11(1) of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as lies more than 9 metres beneath the level of the surface of the highway.
(5) For the avoidance of doubt, it is hereby declared that the restrictions imposed by sub-paragraphs (2), (3) and (4) on the power conferred by sub-paragraph (1) do not affect the power conferred by paragraph 7(1).
Crossrail Act 2008