London Docklands Railway (Lewisham) Act 1993

Document Number:1993 CHAPTER vii
Coming into force:Coming into force on the 27/05/1993
 
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An Act to empower Docklands Light Railway Limited to construct works and to acquire lands; to confer further powers on Docklands Light Railway Limited; and for related purposes.

[27 th May 1993]

Whereas—

It is the general duty of London Regional Transport (in this Act referred to as “LRT”) under the [1984 c. 32.] London Regional Transport Act 1984 , in accordance with principles from time to time approved by the Secretary of State and in conjunction with the British Railways Board, to provide or secure the provision of public passenger transport services for Greater London, and in carrying out that duty LRT are to have due regard to the transport needs for the time being of Greater London:

In pursuance of that duty LRT constructed a railway (in this Act referred to as “the Docklands Railway”) pursuant to the [1984 c. iv.] London Docklands Railway Act 1984 and later Acts:

By the London Docklands Light Railway Transfer Scheme 1992 , made under the provisions of sections 9 (6) and 27 of the [1984 c. 32.] London Regional Transport Act 1984 , there were transferred from LRT to Docklands Light Railway Limited (in this Act referred to as “the Company”) , then a wholly-owned subsidiary of LRT, all the property, rights and liabilities comprised in those parts of LRT’s undertaking connected with the Docklands Railway (except as provided in the said Scheme) , together with any functions under any statutory provision relating to the Docklands Railway:

On 1 st April 1992 LRT disposed of their securities in the Company to the London Docklands Development Corporation (in this Act referred to as “the LDDC”) and accordingly the Company are now a wholly-owned subsidiary of the LDDC:

It is the function of the LDDC to secure the regeneration of its area which comprises London docklands:

In the view of LRT it would help to meet the transport needs of Greater London if the Docklands Railway were extended from the Isle of Dogs to Lewisham and it is the view of the LDDC that such an extension would assist in the regeneration of London docklands:

It is accordingly proposed that the Docklands Railway should be extended from the Isle of Dogs to Lewisham:

It is expedient that for the purposes aforesaid the Company should be empowered to construct the works authorised by, and to acquire the lands referred to in, this Act:

It is expedient that the other powers in this Act contained should be conferred upon the Company and that the other provisions in this Act contained should be enacted:

Plans and sections showing the lines or situations and levels of the works to be constructed under the powers of this Act, and plans of the lands authorised to be acquired or used by this Act, and a book of reference to such plans containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the said lands, were duly deposited in the office of the Clerk of the Parliaments and in the Private Bill Office of the House of Commons and with the proper officers of the London borough councils of Tower Hamlets, Greenwich and Lewisham which plans, sections and the book of reference are respectively referred to in this Act as the deposited plans, the deposited sections and the deposited book of reference:

The purposes of this Act cannot be effected without the authority of Parliament:

May it therefore please Your Majesty that it may be enacted, and 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:—

Part IPreliminary

1 Short title

This Act may be cited as the London Docklands Railway (Lewisham) Act 1993.

2 Interpretation

(1) In this Act, unless the context otherwise requires, words and expressions to which meanings are assigned by the Acts wholly or partly incorporated herewith have in relation to the related subject-matter the same respective meanings; and—

“the Act of 1845” means the [1845 c. 20.] Railways Clauses Consolidation Act 1845;

“the Act of 1863” means the [1863 c. 92.] Railways Clauses Act 1863;

“the Act of 1963” means the [1963 c. xxiv.] London Transport Act 1963;

“the Act of 1964” means the [1964 c. xxvi.] London Transport Act 1964;

“the Act of 1965” means the [1965 c. xli.] London Transport Act 1965;

“the Act of 1966” means the [1966 c. xxxiii.] London Transport Act 1966;

“the Act of 1969” means the [1969 c. 1.] London Transport Act 1969;

“the Act of 1975” means the [1975 c. xxxi.] London Transport Act 1975;

“the Act of 1976” means the [1976 c. xxxvii.] London Transport Act 1976;

“the Act of 1981” means the [1981 c. xxxii.] London Transport Act 1981;

“the Act of 1985” means the [1985 c. vi.] London Docklands Railway Act 1985;

“the Company” means Docklands Light Railway Limited;

“constructed in tunnel” means constructed in tunnel in such manner as does not necessitate the cutting through or removal of the surface soil;

“the limits of deviation” means the limits of deviation shown on the deposited plans;

“the port authority” means the Port of London Authority;

“public telecommunications operator” has the same meaning as in section 9 (3) of the [1984 c. 12.] Telecommunications Act 1984;

“the railways board” means the British Railways Board;

“the river Thames” means the Thames as defined in the [1968 c. xxxii.] Port of London Act 1968;

“tidal work” means so much of any work carried out or constructed under the powers of this Act as is in, on, over or under the river Thames or involves cutting its banks;

“the tribunal” means the Lands Tribunal;

“the underground railway” means such portion of Work No. 1 and any works and conveniences connected therewith as are constructed in tunnel; and

“the works” means the works authorised by this Act.

(2) Any reference to the London Transport Board, the London Transport Executive or London Regional Transport in any of the provisions incorporated with this Act shall be construed as a reference to the Company.

(3) All distances, lengths and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length and direction, and distances between points on a railway shall be taken to be measured along the railway.

(4) Unless the context otherwise requires, any reference in this Act to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Act.

(5) References in this Act to points identified by letters shall be construed as references to the points so lettered on the deposited plans.

3 Incorporation of general enactments

(1) The following enactments, so far as the same are applicable for the purposes and are not inconsistent with or varied by the provisions of this Act, are incorporated with and form part of this Act, and this Act shall be deemed to be the special Act for the purposes of the said incorporated enactments:—

(a) the Lands Clauses Acts, except sections 127 to 132 of the [1845 c. 18.] Lands Clauses Consolidation Act 1845;

(b) the Act of 1845 , except sections 1 , 7 to 9 , 11 , 12 to 15 , 17 , 19 , 20 , 22 , 23 , 94 and 95 thereof; and

(c) in the Act of 1863 , Part I (relating to construction of a railway) , except sections 13 , 14 , 18 and 19 thereof.

(2) For the purposes of the provisions of the Act of 1845 and the Act of 1863 , as incorporated with this Act, the expression“the company” where used in the said incorporated provisions means the Company.

(3) Sections 18 and 21 of the Act of 1845 , as incorporated with this Act, shall not extend to regulate the relations between the Company and any other person in respect of any matter or thing concerning which those relations are regulated in any respect by the provisions of—

(a) Part II of the [1950 c. 39.] Public Utilities Street Works Act 1950 or Part III of the [1991 c. 22.] New Roads and Street Works Act 1991; or

(b) section 42 (For protection of gas, water and electricity undertakers) of the Act of 1963 , as incorporated with this Act.

Part IIWorks

4 Power to make works

(1) The Company may, in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain in Greater London the works described in Schedule 1 to this Act with all necessary works and conveniences connected therewith.

(2) On the completion of Work No. 5 , the Company may fill in so much of the Ravensbourne River as lies between points C and K and as will be rendered unnecessary by that work.

5 Power to open surface of streets

The Company may, during and for the purposes of the execution of the works, enter upon, open, break up and interfere with so much of the surface of any of the streets named in column (2) of Schedule 2 to this Act as lies within the limits of deviation.

6 Stopping up of streets

(1) The Company may stop up and discontinue so much of each of the streets named in column (1) of Schedule 3 to this Act as is set out in column (2) of that Schedule.

(2) After such stoppings up, all rights of way over or along the streets authorised to be stopped up shall be extinguished and the Company may, subject to the provisions of the Act of 1845 with respect to mines lying under or near the railway, appropriate, without making any payment therefor, and use for the purposes of their undertaking the site of the street so stopped up.

(3) Any person who suffers loss by the extinguishment of any private right under this section shall be entitled to be paid by the Company compensation, to be determined in case of dispute under and in accordance with the Lands Clauses Acts.

(4) On the stopping up of Elverson Road under this section, the Company may substitute a footpath for the part of that road so stopped up between points M and N.

7 Stopping up, etc., of footpaths

(1) The Company may stop up and discontinue so much of the footpaths specified in column...

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