Statutory Instrument 1997 No. 264

The London Underground (East London Line Extension) Order 1997

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© Crown Copyright 1997

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"the 1845 Act" means the Railways Clauses Consolidation Act 1845[3];

"the 1961 Act" means the Land Compensation Act 1961[4];

"the 1965 Act" means the Compulsory Purchase Act 1965[5];

"the 1973 Act" means the Land Compensation Act 1973[6];

"the 1991 Act" means the New Roads and Street Works Act 1991[7];

"authorised works" means the scheduled works and any other works authorised by this Order;

"the book of reference" means the book of reference described in rule 7(5) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as "the book of reference" for the purposes of this Order;

"the Company" means London Underground Limited;

"the deposited plans" means the plans described in rule 7(1)(a) and 7(3) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as "the plans" for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of those rules;

"the deposited sections" means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as "the sections" for the purposes of this Order;

"highway" and "highway authority" have the same meaning as in the Highways Act 1980[8];

"the limits" means the limits of deviation, the lines marked "Limit of Land to be Acquired" and the lines marked "Limit of Land to be Temporarily Used" shown on the deposited plans;

"the limits of deviation" means the lines marked "Limit of Deviation" shown on the deposited plans;

"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace and "maintenance" shall be construed accordingly;

"owner", in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

"Railtrack" means Railtrack plc and includes any person who derives title to any property from Railtrack plc and holds that property for railway purposes;

"the railways board" means the British Railways Board;

"the scheduled works" means the works specified in Part I of Schedule 1 to this Order;

"street" includes part of a street;

"street authority", in relation to a street, has the same meaning as in Part III of the 1991 Act;

"the tribunal" means the Lands Tribunal; and

"the waterways board" means the British Waterways Board;

    (2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.

Incorporation of Railways Clauses Acts
     3 .  - (1) The following provisions of the 1845 Act shall be incorporated in this Order:-

section 24 (obstructing construction of railway);

section 46 (crossing of roads - level crossings) except for the words from "Provided always" to the end;

section 58 (company to repair roads used by them), except for the words from "and if any question" to the end;

section 68 (accommodation works by company);

section 71 (additional accommodation works by owners), except for the words "or directed by such justices to be made by the company" and "or, in case of difference, as shall be authorised by two justices";

sections 72 and 73 (supplementary provisions relating to accommodation works);

section 77 (presumption that minerals excepted from acquisition of land);

sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923[9];

sections 103 and 104 (refusal to quit carriage at destination);

section 105 (carriage of dangerous goods on railway);

section 145 (recovery of penalties);

section 154 (transient offenders).

    (2) The following provision of the Railway Clauses Act 1863[10] shall be incorporated in this Order:-section 12 (signals, watchmen etc.).

    (3) In those provisions, as incorporated in this Order-

"the company" means the Company;

"goods" includes anything conveyed on the railways authorised to be constructed by this Order;

"lease" includes an agreement for a lease;

"prescribed", in relation to any such provision, means prescribed by this Order for the purposes of that provision;

"the railway" means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;

"the special Act" means this Order; and

"toll" includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.

    (4) Subject to paragraph (5) below, the Company may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.

    (5) Paragraphs (3) and (4) above shall only authorise the carrying out or maintenance of works outside the limits of deviation for the scheduled works shown on the deposited plans if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule.

Power to deviate
     5 . In constructing or maintaining any of the scheduled works, the Company may-

(a) deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for that work shown on the deposited plans, and

(b) deviate vertically from the levels shown on the deposited sections-


(i) to any extent not exceeding 5 metres upwards, or

(ii) to any extent downwards as may be found necessary or convenient.

Streets

Power to execute street works
     6 .  - (1) The Company may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 3 to this Order as is within the limits and may-

(a) break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street,

(b) place apparatus in the street,

(c) maintain apparatus in the street or change its position, and

(d) execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c) above.

    (2) This article is subject to paragraph 3 of Schedule 9 to this Order.

    (3) In this article "apparatus" has the same meaning as in Part III of the 1991 Act.

Permanent stopping up of streets
     7 .  - (1) Subject to the provisions of this article, the Company may, in connection with the construction of the authorised works, permanently stop up each of the streets specified in columns (1) and (2) of Parts I and II of Schedule 4 to this Order to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (3) of Parts I and II of that Schedule.

    (2) No street specified in columns (1) and (2) of Part I of Schedule 4 to this Order (being a street to be stopped up for which a substitute is to be provided) shall be wholly or partly stopped up under this article unless either-

(a) the new street to be substituted for it and which is specified in relation to it by reference to the letters and numbers shown on the deposited plans in column (4) of that Part of that Schedule has been completed to the reasonable satisfaction of the street authority and is open for use; or

(b) a temporary alternative route is available between the commencement and termination points of the street to be stopped up pending completion of the new street in accordance with sub-paragraph (a) above.

    (3) Where a street has been permanently stopped up under this article all rights of way over or along the street so stopped up shall be extinguished, and the Company may, without making any payment therefor but subject to sections 77 to 85E of, and Schedules 1 to 3 to, the 1845 Act (which relate to minerals under railways), appropriate and use for the purposes of their undertaking the street so stopped up.

    (4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.

    (5) This article is subject to paragraph 2 of Schedule 9 to this Order.

Temporary stopping up of streets
     8 .  - (1) The Company, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time-

(a) divert the traffic from the street, and

(b) subject to paragraph (2) below, prevent all persons from passing along the street.

    (2) The Company shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.

    (3) Without prejudice to the generality of paragraph (1) above, the Company may exercise the powers of this article in relation to the streets specified in columns (1) and (2) of Schedule 5 to this Order to the extent specified in column (3) to that Schedule.

    (4) Without prejudice to paragraph (3) above, the Company may, for a period not exceeding 4 years from the date upon which the Company commence to exercise the powers conferred by this article in relation to Dunston Road narrow and stop up so much of Dunston Road shown on the deposited plans and numbered 111 in the London borough of Hackney as lies within the limits of deviation.

    (5) The Company shall not exercise the powers of this article-

(a) in relation to any street specified as mentioned in paragraph (3) above without first consulting the street authority, and

(b) in relation to any other street without the consent of the street authority, but such consent shall not be unreasonably withheld.

    (6) The provisions of the 1991 Act mentioned in paragraph (7) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the Company under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the Company.

    (7) The provisions of the 1991 Act referred to in paragraph (6) above are-

section 54 (advance notice of certain works);

section 55 (notice of starting date of works);

section 59 (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

section 69 (works likely to affect other apparatus in the street);

section 76 (liability for cost of temporary traffic regulation);

section 77 (liability for cost of use of alternative route); and

all such other provisions as apply for the purposes of the provisions mentioned above.

Access to works
     9 . The Company may, for the purposes of the authorised works-

(a) form and lay out means of access or improve existing means of access in the locations specified in columns (1) and (2) of Schedule 6 to this Order, and

(b) with the approval of the highway authority (such approval not to be unreasonably withheld) form and lay out such other means of access or improve existing means of access at such locations within the limits as the Company reasonably requires for the purposes of the authorised works.

Construction and maintenance of new or altered streets
     10 .  - (1) Any street to be constructed under this Order shall be completed to the reasonable satisfaction of the highway authority and shall, unless otherwise agreed, be maintained by and at the expense of the Company for a period of 24 months from its completion and at the expiry of that period by and at the expense of the highway authority.

    (2) Where a street is altered or diverted under this Order, the altered or diverted part of the street shall when completed to the reasonable satisfaction of the street authority, unless otherwise agreed, be maintained by and at the expense of the Company for a period of 24 months from its completion and at the expiry of that period by and at the expense of the street authority.

    (3) Paragraphs (1) and (2) above do not apply in relation to the structure of any bridge or tunnel carrying a street over or under any railway of the Company.

    (4) Nothing in this article shall prejudice the operation of section 87 of the 1991 Act (prospectively maintainable highways); and the Company shall not by reason of any duty under this article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part III of that Act.

    (5) Nothing in this article shall have effect in relation to street works as respects which the provisions of Part III of the 1991 Act apply.

[2] 1992 c. 42. back

[3] 1845 c. 20. back

[4] 1961 c. 33. back

[5] 1965 c. 56. back

[6] 1973 c. 26. back

[7] 1991 c. 22. back

[8] 1980 c. 66. back

[9] 1923 c. 20. back

[10] 1863 c. 92. back