Office of Public Sector Information

36 For protection of London Residuary Body

For the protection of the London Residuary Body the following provisions shall have effect:—

(1) In this section—

• “Jubilee Gardens” means so much of the lands adjoining the river Thames and known as Jubilee Gardens as is shown as part of the land numbered 6 in the London borough of Lambeth on the deposited plans and shown edged green on the signed plan;

• “the London Residuary Body” means the London Residuary Body established under the provisions of section 57 of the [1985 c. 51.] Local Government Act 1985 and includes its successors in title;

• “the Queen’s Walk” means so much of the embankment walkway of the river Thames as is shown as part of the land numbered 6 in the London borough of Lambeth on the deposited plans and shown edged blue on the signed plan;

• “the riverside building” means the building situated on the land shown edged yellow on the signed plan; and

• “the signed plan” means the plan of which five copies were signed by Sir Michael Neubert, the chairman of the committee of the House of Commons to whom the Bill for this Act was referred and deposited respectively—

  (a)

  in the office of the Clerk of the Parliaments, House of Lords;

  (b)

  in the Private Bill Office of the House of Commons;

  (c)

  at the registered office of the Company;

  (d)

  at the registered office of the Corporation; and

  (e)

  with the proper officer of the council of the London borough of Lambeth:

(2) If at any time the property in, or in any part of, Jubilee Gardens, the Queen’s Walk or the riverside building has been transferred from the London Residuary Body to any other person, the expression“successors in title” shall, in relation thereto, mean the owner for the time being:

(3) Notwithstanding the provisions of section 26 (Temporary possession of land) of this Act the Company shall not enter upon or take possession of that part of Jubilee Gardens hatched black on the signed plan:

(4) In exercising the powers conferred upon them by this Act the Company shall keep to a minimum the extent and period of their possession and use of the remaining part of Jubilee Gardens and shall not in any event, without the consent of the London Residuary Body (such consent not to be unreasonably withheld), remain in possession of Jubilee Gardens for longer than 54 months:

(5) Before entering upon and taking possession temporarily of Jubilee Gardens the Company shall at their own expense remove all structures thereon (including all architectural, aesthetic and recreational features) to such alternative location as the London Residuary Body may reasonably require and shall before relinquishing possession of Jubilee Gardens at their own expense ensure that the same items are returned to Jubilee Gardens and reinstated to the London Residuary Body’s reasonable satisfaction:

(6) The Company’s reinstatement of Jubilee Gardens shall be carried out to a similar standard to that existing prior to their possession of it subject to the London Residuary Body’s specification and their reasonable direction and approval:

(7) Notwithstanding the provisions of section 26 (Temporary possession of land) of this Act, the Company shall not enter upon or take possession of any part of the Queen’s Walk except so much of the airspace over the Queen’s Walk as may be required for the provision of an overhead conveyor:

(8) Any difference arising between the Company and the London Residuary Body under this section (other than a difference as to the meaning or construction of this section) shall be referred to and settled by arbitration.

Part V Miscellaneous

37 Planning permission

(1) In this section“Part 11 development” means development permitted by article 3 of, and Part 11 of Schedule 2 to, the [S.I. 1988/1813.] Town and Country Planning General Development Order 1988 (which permits development authorised by private Act designating specifically both the nature of the development thereby authorised and the land on which it may be carried out).

(2) Subject to the provisions of subsection (3) below, in its application to development authorised by this Act, the planning permission granted for Part 11 development shall have effect as if the authority to develop given by this Act were limited to development begun within 10 years of the passing of this Act.

(3) Subsection (2) above shall not apply to the carrying out of any development consisting of the alteration, maintenance or repair of works authorised by this Act or the substitution of new works therefor.

38 Closure of railway

On the opening of the railway for passenger services, section 54 of the [1962 c. 46.] Transport Act 1962 (which requires advance notice of discontinuance of certain services to be published) and section 56 of that Act (which relates to the establishment and functions of transport consultative committees) shall not apply in respect of the discontinuance of all railway passenger services in the city of Westminster between the commencement of Works Nos. 1A and 1B and the Charing Cross station of the Company.

39 Arbitration

Where under this Act any difference (other than a difference to which the provisions of the Lands Clauses Acts, as applied by this Act, apply) is to be referred to or settled by arbitration, then unless otherwise provided, such difference shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing 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.

40 Costs of Act

All costs, charges and expenses of and incidental to the preparing for, obtaining and passing of this Act, or otherwise in relation thereto, shall be paid by the Corporation and the Company and may in whole or in part be defrayed out of revenue.