The Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001 © Crown Copyright 2001 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001, ISBN 0 11 029328 2. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
Whereas an application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) Rules 1992[1] made under section 6, 7 and 10 of the Transport and Works Act 1992[2] ("the 1992 Act"), for an Order under sections 1, 3 and 5 of the 1992 Act; And whereas each House of Parliament has passed a resolution approving the proposals to which the application relates pursuant to section 9 of the 1992 Act as modified by section 42 of the Channel Tunnel Rail Link Act 1996[3]; And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act; And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals; And whereas notice of the Secretary of State's determination was published in the London Gazette on 23rd February 2001; Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1, 3 and 5 of, and paragraphs 1 to 5, 7 to 12 and 15 to 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order: - Citation and commencement 1. This Order may be cited as the Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001 and shall come into force on 22nd March 2001. Interpretation 2. - (1) In this Order -
(2) Unless the context otherwise requires, other expressions used in this Order and in the principal Act have the same meaning as in that Act. Construction and maintenance of scheduled works 3. - (1) Union Railways may construct and maintain the scheduled works, being -
(b) railways near St Pancras in London providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line, and (c) works ancillary to the works mentioned in sub-paragraphs (a) and (b) above.
(2) Subject to paragraph (5) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(b) make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way, (c) construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient, (d) alter or remove any structure erected upon any highway or adjoining land, (e) alter the position of apparatus, including mains, sewers, drains and cables, (f) alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and (g) carry out and maintain such other works, of whatever description, as may be necessary or expedient.
(4) Union Railways may within the Order limits -
(b) carry out and maintain works for the benefit or protection of land affected by any of the authorised works.
(5) In constructing or maintaining any scheduled work, Union Railways may -
(b) as regards the scheduled work comprising Stratford station, construct that work within the limit for Stratford station; (c) in any case, deviate vertically from the levels shown on the deposited sections -
(ii) to any extent downwards.
(6) Without prejudice to the generality of paragraphs (3) and (4) above, Union Railways may construct a pedestrian link at Stratford in the London Borough of Newham either -
(b) between point X and the existing subway serving Stratford station which is within the limit of deviation of Work No. 1E and identified on the deposited plans, with such works within that limit as may be necessary or expedient to make a connection of the link with that subway.
(7) The power conferred by paragraph (3)(b) above does not include a power to extinguish any public right of way over any highway.
(b) in relation to that part of York Way within the London Borough of Islington as well as the part within the London Borough of Camden.
(2) Paragraph (1) above has effect without prejudice to article 15(2) below and subject to paragraph 1(3) of Schedule 3 to the principal Act.
(b) temporarily moor or anchor barges or other vessels or craft in the River Lea, or (c) temporarily close the River Lea, or a part of it, to navigation.
(3) The power conferred by paragraph (2)(c) above shall be exercised in a way which secures -
(b) that, if complete closure of the river to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.
(4) Union Railways shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any closure of a waterway in accordance with this paragraph. Power to acquire land 8. - (1) The Secretary of State may acquire compulsorily so much of the land shown on the deposited plans within the Order limits as may be required for or in connection with the authorised works. (2) Paragraph (1) above shall not authorise the compulsory acquisition of the land shown as the land numbered 2 in the London Borough of Newham on the deposited plans. (3) Nothing in paragraph (2) above shall prejudice in any way the power of the Secretary of State to acquire the said land pursuant to section 4 of the principal Act. Application of the Compulsory Purchase Act 1965 and the Compulsory Purchase (Vesting Declarations) Act 1981 9. - (1) Part I of the 1965 Act, so far as not inconsistent with this Order, shall apply to an acquisition of land under article 8 above as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981[8] applies and as if this Order were a compulsory purchase order under that Act. (2) In its application by virtue of paragraph (1) above, the 1965 Act shall have effect with the following modifications -
(b) section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days' notice) shall have effect -
(ii) in any other case, with the substitution for "fourteen days" of "3 months";
(c) in Schedule 3 (alternative procedure for obtaining right of entry), paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.
(3) The Compulsory Purchase (Vesting Declarations) Act 1981[9] shall apply as if this Order were a compulsory purchase order.
(b) published in the London Gazette.";
(b) in that section, in subsection (2), for "(1)(b)" there shall be substituted "(1)", and after "given" there shall be inserted "and published";
(b) he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.";
(d) in section 5 (earliest date for execution of declaration) -
(ii) subsection (2) shall be omitted;
(e) in section 7 (constructive notice to treat) in subsection (1)(a), the words "(as modified by section 4 of the Acquisition of Land Act 1981)" shall be omitted;
Acquisition of new rights
(b) with such other modifications as may be necessary.
(3) In relation to land to which this paragraph applies, article 8 above, so far as relating to acquisition by virtue of paragraph (1) above, shall be treated as also authorising acquisition by a statutory utility in any case where the Secretary of State gives his consent in writing.
(b) no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by article 9(3) above.
Certification of plans etc. 14. Union Railways shall, as soon as practicable after the making of this Order, submit one or more copies of the book of reference, the deposited sections and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the deposited sections and the deposited plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy. Application of provisions of principal Act 15. - (1) Schedule 3, which amongst other matters applies provisions of the principal Act not applied by the preceding provisions of this Order, shall have effect. (2) So far as consistent with the provisions of this Order and the Transport and Works Act 1992 and so far as any person exercising the powers conferred by this Order is a nominated undertaker for the purposes of any provisions of Part I of the principal Act, this Order and the principal Act shall be construed as one. (3) Without prejudice to the generality of paragraph (2) above, in determining any application or request by Union Railways to any body for an approval or consent under the provisions of the principal Act (including those provisions as applied by this Order), it shall be competent for that body to have regard (so far as relevant) to the combined effect of the works authorised by this Order and the works authorised by the principal Act for the purposes of the construction of which Union Railways is the nominated undertaker. Transfer of functions of other railway operators relating to works 16. - (1) If the Secretary of State acquires any land for the purposes of this Order from a railway operator and there are situated on the land works authorised by statute, he (or Union Railways with the approval of the Secretary of State) may enter into an agreement with the railway operator for the transfer of any statutory power or duty relating to the works previously exercisable by the railway operator to him or Union Railways. (2) In paragraph (1) above, references to a railway operator are to a person who has the management for the time being of a network, station or light maintenance depot. (3) In this article, "light maintenance depot", "network" and "station" have the same meaning as in Part I of the Railways Act 1993[13]. Transfer of functions under Order 17. - (1) Subject to paragraphs (2) and (3) below, Union Railways may enter into an agreement with any person ("the transferee") for the transfer of all or any of its undertaking under this Order, including all or any of the functions, powers or duties of Union Railways under this Order -
(b) either unconditionally or subject to such conditions or upon the happening of such events as may be specified in the agreement.
(2) The terms of any agreement made by virtue of paragraph (1) above shall, unless the transferee is the Secretary of State or a nominated undertaker for any purposes of any provisions of Part I of the principal Act, be subject to the approval of the Secretary of State. The works which Union Railways is authorised by article 3(1) above to construct and maintain are the following - 1. In the London Boroughs of Hackney and Newham -
2.
In the London Boroughs of Camden and Islington -
1. The modifications referred to in article 10(2)(a) above are as follows. 2. For section 7 of the 1965 Act there shall be substituted -
7. In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.".
3.
In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted -
(b) in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the Lands Tribunal, and (c) before the Lands Tribunal have determined that question, the person on whom the notice has been served satisfies them that the relevant conditions are met.
(1A) The relevant conditions are -
(b) where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and (c) where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house.
(1B) Where subsection (1) above applies -
(ii) be deemed to authorise the purchase of that person's interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house, and
(b) the notice to treat shall be deemed to have been served in respect of that interest on such date as the Lands Tribunal direct.
(1C) Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the Lands Tribunal.
4.
The following provisions of that Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) namely -
shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.
(b) the land over which the right is, or is to be, exercisable.
9.
In the Land Compensation Act 1973[14], for section 44 there shall be substituted -
44. - (1) Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable. (2) In this section "compensation for injurious affection" means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by article 10(2) of the Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001.".
10.
For section 58 of that Act there shall be substituted -
58. In determining under section 8(1)(c) of the Compulsory Purchase Act 1965 as applied by article 10(2) of the Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001 whether -
(b) a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,
the Lands Tribunal shall take into account not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.".
1. The following provisions of the principal Act shall apply to the matters which are the subject of this Order on the general assumptions mentioned in paragraph 2 below and, where any special assumption is mentioned in paragraph 3 below for any such provision, on the special assumptions for it so mentioned -
(b) paragraphs 6 to 10 of Schedule 2; (c) paragraphs 5 to 14 of Schedule 3; (d) paragraphs 11 to 13 and 16 of Schedule 4; (e) paragraphs 4 and 5 of Schedule 5; (f) Schedule 9 (except paragraphs 1(3)(c) and 8(2)(a) and (b)); (g) Schedule 10; (h) Schedule 11; (i) Schedule 14 (except paragraphs 8(2)(a) and 12); and (j) Parts I to IV, VI and VII of Schedule 15.
2.
The general assumptions are that references in the principal Act in whatever form (including references inserted or substituted by any provision of that Act in any other enactment) -
(b) to the nominated undertaker were references to Union Railways; (c) to the scheduled works (except in relation to references to the limits of deviation for the scheduled works), the deposited plans, the deposited sections and the book of reference were references to the scheduled works, the deposited plans, the deposited sections and the book of reference respectively as defined in article 2(1) above; (d) to the limits of deviation for the scheduled works or the limits of land to be acquired or used were references to the Order limits as defined in article 2(1) above; (e) to the rail link were references to the authorised works (as defined in article 2(1) above); (f) to particular provisions of that Act were a reference to those provisions as applied by paragraph 1 above.
3.
- (1) The special assumptions are the assumptions set out in sub-paragraphs (2) to (10) below, and have effect for the purposes mentioned in paragraph 1 above. 4. - (1) Regulations made under section 29(4) of the principal Act shall have effect in relation to appeals referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974[15], as inserted by section 29(3) of the principal Act and applied by paragraph 1 above, as they have effect for appeals referred to arbitration under that subsection in relation to works carried out in exercise of the powers conferred by Part I of the principal Act. (2) Rules made under section 43(2) of the principal Act shall apply to an arbitration under this Order as they apply to an arbitration under Part I of the principal Act. (3) An order made under paragraph 11(2) of Schedule 10 to the principal Act shall apply to an application treated as granted under that provision as applied by paragraph 1 above as it applies to an application treated as granted under that paragraph 11(2) as enacted. 5. Paragraphs 6 to 9 of Schedule 2 and the provisions of Schedule 9 to the principal Act as applied by paragraph 1 above shall only have effect (so far as concerns entry on land) so as to allow entry on land within the Order limits. 6. Without prejudice to the generality of the general assumptions in paragraph 2 above, the references in section 7(1) of the principal Act to the coming into force of that Act shall be treated (so far as concerns the matters which are the subject of this Order) as references to the coming into force of this Order. 7. Paragraph 3 of Schedule 3 to the principal Act shall apply to the stopping up authorised by article 4 above, treating references to the nominated undertaker as a reference to Union Railways and references to Part I of the principal Act as including a reference to this Order. (This note is not part of the Order) This Order makes provision for certain works supplementary to the works provided for in the Channel Tunnel Rail Link Act 1996. In particular, it makes provision for a station at Stratford in London for use in connection with the rail link, for a connection from the rail link to the North London Line to provide access to the West Coast Main Line, and for certain ancillary works, including a pedestrian link from the proposed new station at Stratford to the existing Stratford suburban station. Copies of the deposited plans, sections and book of reference referred to in the Order may be inspected on weekdays during ordinary office hours at the Technical Library, Union Railways (North) Limited, Floor 1, 106 Tottenham Court Road, London W1P 9HF. Notes: [1] S.I. 1992/2902.back
ISBN 0 11 029328 2
|
|
| ||
| We welcome your comments on this site | © Crown copyright 2001 | Prepared 20 April 2001 |