Crossrail Act 2008

Publication Date:January 01, 2008
 
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Crossrail Act 2008

2008 Chapter 18

An Act to make provision for 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; and for connected purposes.

[22nd July 2008]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Works

Works

S-1 Construction and maintenance of scheduled works

1 Construction and maintenance of scheduled works

(1) The nominated undertaker may construct and maintain the works specified in Schedule 1 ("the scheduled works"), being—

(a) works for the construction of an underground railway between, in the west, a tunnel portal at Royal Oak in the City of Westminster and, in the east, tunnel portals at Custom House and Pudding Mill Lane in the London Borough of Newham

(b) works for the construction of other railways in the London Boroughs of Barking & Dagenham, Bexley, Ealing, Greenwich, Hammersmith and Fulham, Havering, Hillingdon, Newham, Redbridge and Tower Hamlets, the City of Westminster, the Royal Borough of Kensington & Chelsea, the District of Basildon and the Borough of Brentwood in the County of Essex, the Royal Borough of Windsor & Maidenhead and the Borough of Slough in the County of Berkshire and the District of South Bucks in the County of Buckinghamshire

(c) works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) or (b).

(2) Subject to subsections (3) to (5), the scheduled works shall be constructed—

(a) in the lines or situations shown on the deposited plans

(b) in accordance with the levels shown on the deposited sections, and

(c) in the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, within the limit so shown.

(3) In constructing or maintaining any of the scheduled works, the nominated undertaker may deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown.

(4) In constructing or maintaining any of the scheduled works, the nominated undertaker may deviate vertically from the level shown for that work on the deposited sections to any extent downwards.

(5) In constructing or maintaining any of the scheduled works, the nominated undertaker may, subject to subsection (6), deviate vertically from the level shown for that work on the deposited sections to the following extent upwards—

(a) in the case of the following, to any extent not exceeding 6 metres—

(i) so much of Work No. 1/3B as lies between a point 10,200 metres from its commencement and its termination

(ii) so much of Work No. 1/4B as lies between its commencement and a point 600 metres from its commencement;

(iii) so much of Work No. 2/1B as lies between its commencement and a point 800 metres from its commencement;

(b) in the case of the remainder of the scheduled works, to any extent not exceeding 3 metres.

(6) In the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, the power of deviation under subsection (5) is subject to the limit so shown.

S-2 Works: further and supplementary provisions

2 Works: further and supplementary provisions

Schedule 2 (which contains further and supplementary provisions about works) has effect.

S-3 Highways

3 Highways

Schedule 3 (which makes provision in relation to highways in connection with the works authorised by this Act) has effect.

S-4 Overhead lines

4 Overhead lines

(1) Section 37(1) of the Electricity Act 1989 (c. 29)

(which requires the consent of the Secretary of State to overhead lines) shall not apply in relation to any electric line which—

(a) for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works, or

(b) in pursuance of any of the protective provisions included in this Act,

is installed above land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(2) Schedule 4 (which makes alternative provision for consent in relation to lines to which subsection (1) applies) has effect.

(3) On the revocation or expiry of consent under Schedule 4, the line to which the consent relates shall cease to be a line to which subsection (1) applies.

(4) On granting consent under Schedule 4 to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to be granted for the carrying out of development to which the consent relates, and any ancillary development, subject to such conditions (if any) as may be specified in the direction.

(5) In subsection (4)—

(a) "electricity undertakers" means the holder of a licence under section 6 of the Electricity Act 1989 (c. 29) , and

(b) the reference to the appropriate Ministers is to the Secretary of State for Business, Enterprise and Regulatory Reform and the Secretary of State for Transport acting jointly.

Land

Land

S-5 Temporary possession and use

5 Temporary possession and use

Schedule 5 (which contains provisions about temporary possession and use of land for the purposes of this Act) has effect.

S-6 Acquisition of land within limits shown on deposited plans

6 Acquisition of land within limits shown on deposited plans

(1) The Secretary of State is authorised by this section to acquire compulsorily—

(a) so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail, and

(b) so much of the land so shown within the limits of land to be acquired or used as may be so required.

(2) Without prejudice to the generality of subsection (1), the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part 1 of Schedule 6 as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part of the Schedule as one for which that land may be acquired or used.

(3) Part 2 of Schedule 6 (application of legislation relating to compulsory purchase) and Part 3 of that Schedule (supplementary provisions) have effect.

(4) The power conferred by subsection (1) shall not be exercisable in relation to land the surface of which is comprised in a highway where the land is specified in the table in paragraph 15(2) of Schedule 3.

(5) The power conferred by subsection (1) shall not be exercisable in relation to land specified in the table in paragraph 1(1) of Schedule 5 unless it is also specified in the table in paragraph 11(1) of Schedule 6.

(6) After the end of the period of 5 years beginning with the day on which this Act is passed—

(a) no notice to treat shall be served under Part 1 of the Compulsory Purchase Act 1965 (c. 56) , as applied to the acquisition of land under subsection (1), and

(b) no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) , as applied by paragraph 4 of Schedule 6.

(7) The Secretary of State may by order extend the period under subsection (6) in relation to any land.

(8) The Secretary of State may only exercise the power in subsection (7) in relation to any land—

(a) once, and

(b) so as to extend the period under subsection (6) by not more than 5 years.

(9) An order under subsection (7) shall be subject to special parliamentary procedure.

S-7 Acquisition of land not subject to the power under section 6\\(1)

7 Acquisition of land not subject to the power under section 6\\(1)

(1) The Secretary of State may acquire compulsorily land outside the limits of deviation for the scheduled works and the limits of land to be acquired or used which is required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail.

(2) The Secretary of State may acquire compulsorily land within the limits of deviation for the scheduled works or the limits of land to be acquired or used which—

(a) is required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail, and

(b) is not land in relation to which the power conferred by section 6(1) is exercisable.

(3) Subsection (2) shall have effect as if land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule 6, or in columns (1) and (2) of the table in paragraph 10 of that Schedule, were not land in relation to which the power conferred by section 6(1) is exercisable, but the power conferred by subsection (2) shall not be exercisable—

(a) in the case of land specified in the table in paragraph 8, 9 or 12, in relation to the creation and acquisition of any easement or other right over land in relation to the creation and acquisition of which the power under section 6(1) is exercisable

(b) in the case of land specified in columns (1) and (2) of the table in paragraph 10, in relation to so much of the land as falls within the description specified in relation to it in column (3) of the table;

(c) in the case of land specified in the table in paragraph 11(1) or 12, in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres beneath the level of the surface of the land.

(4)...

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