Legalize / United Kingdom / Public General Act

Channel Tunnel Act 1987

Type Public General Act

Publication 1987-07-23

Last updated 2012-11-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

No government grants to Railways Board in respect of international railway services

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Application of railway regulation enactments

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Schedule 6 to this Act shall have effect for making miscellaneous provisions about the application of railway regulation enactments in relation to the tunnel system, the Concessionaires and certain other persons operating services by way of the tunnel system.

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(1) Section 16(1) of the Coast Protection Act 1949 (consent of coast protection authority required for carrying out coast protection work) shall not apply to the carrying out of any work by the Concessionaires for the construction or protection of any part of the tunnel system, but section 17(2) to (9) of that Act (restrictions imposed on the carrying out of work excluded from section 16(1) by section 17(1) of that Act) shall apply to any such work of the Concessionaires as it applies to work so excluded by section 17(1)(d) of that Act (work carried out by certain bodies for the protection of a railway).

(2) Section 18 of that Act (prohibition of excavation or removal of materials from the seashore) shall not apply to any excavation or removal by the Concessionaires in the course of constructing, maintaining or altering the tunnel system of any materials on, under or forming part of any portion of the seashore within the limits of deviation for their scheduled works.

(3) Section 34(1) of that Act (restriction of works detrimental to navigation) shall not apply in relation to anything done in the course of carrying out any work which the Concessionaires are authorised by this Act to carry out.

(4) Nothing in that Act or any order under that Act shall authorise or require any person to carry out any work within 150 metres of the centre line of the tunnel system, so far as lying under the foreshore or the bed of the sea, without the consent of the Concessionaires.

(5) Subject to subsection (6) below, any power conferred on the Dover Harbour Board by any enactment to raise or destroy wrecks, dredge or deepen the foreshore or the bed of the sea or carry out any blasting operations shall not without the consent of the Concessionaires be exercised—

(a) in the case of any operation involving the use of explosives having an explosive force greater than that of 100 pounds of trinitrotoluene (TNT), within 1,000 metres;

(b) in the case of any other operation involving the use of any explosives, within 500 metres; and

of the centre line of the tunnel system, so far as lying under the foreshore or the bed of the sea.

(6) Subsection (5) above shall not apply in relation to the exercise by the Dover Harbour Board in, or within 200 metres of any entrance to, Dover Harbour of any power to carry out blasting operations if the Board—

(a) have given to the Concessionaires such notice of their intention to carry out the operations as is reasonably practicable; and

(b) have consulted the Concessionaires with a view to agreeing the time at which and the manner in which the operations are carried out.

(7) The Concessionaires shall not unreasonably withhold their consent in any case where it is required under subsection (4) or (5) above.

(8) Any difference arising between the Concessionaires and any person seeking their consent under subsection (4) or (5) above shall be determined by arbitration.

Protection of interests

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Schedule 7 to this Act shall have effect for protecting the interests of the bodies and persons specified in that Schedule (being bodies and persons who may be affected by other provisions of this Act).

Determination of questions referred to arbitration under this Act

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Where under this Act any difference (other than a difference which falls to be determined by the Upper Tribunal) is to be determined by arbitration, then, subject to any other provision of this Act, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of 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.

Offences by bodies corporate

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(1) Where a body corporate is guilty of an offence under this Act or of an offence created by an order made under section I I of this Act and the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Financial provisions

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(1) Any expenditure incurred by the Secretary of State—

(a) in making payments for land vested in or acquired by him under this Act;

(b) for the purpose of or in connection with the discharge by the intergovernmental Commission or the Safety Authority of their functions under the Treaty;

(d) in making payments for the purpose of restoring any land in pursuance of this Act;

(e) in making any payments of compensation that fall under any provision of this Act to be made by him; and

(f) in meeting any obligations or exercising any rights to which he is or from time to time becomes subject or entitled in pursuance of the Treaty or the Concession, being obligations or rights arising in connection with the tunnel system;

shall be met out of money provided by Parliament.

(2) Any increase attributable to this Act—

(a) in the sums payable out of money so provided under any other enactment; and

(b) in the administrative expenses of any government department;

shall be met out of money so provided.

(3) Any sums received by the Secretary of State—

(a) in reimbursement of any expenditure mentioned in subsection (1)(a), (d) or (e) above;

(b) in consideration of the disposal by him of any land acquired under this Act or otherwise in connection with the construction of the tunnel system;

(c) by way of receipts arising from the operation of the tunnel system or any part of it under section 26 of this Act; or

(d) in pursuance of the Treaty or the Concession;

shall be paid by him into the Consolidated Fund.

Interpretation

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(1) In this Act, except where the context otherwise requires—

“A20 improvement works” has the meaning given by section 35;

“the appropriate authority” means—in relation to the acquisition of land required for the Concessionaires’ scheduled works and other works in connection with those works, or for any purpose of Part IV of this Act, the Secretary of State;in relation to, any other matter concerning the Concessionaires’ scheduled works or such other works, the Concessionaires;in relation to the County Council’s scheduled works and other works in connection with those works, that Council; andin relation to the Railways Board’s scheduled works and other works in connection with those works, the Railways Board;

“the arbitral tribunal” has the meaning given by section 2(10);

“bridleway” has the same meaning as in the Highways Act 1980;

“the Concession”, “Concession agreement”, “Concession lease” and “the Concessionaires” have the meanings given by the relevant provisions of section I (read with section 3(3));

“deposited plans” and “deposited sections” mean respectively the plans and sections shown on Sheets Nos. I to 15 and 21 to 34 of the plans and sections deposited in connection with the Channel Tunnel Bill in the Office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons in April 1986 and the plans and sections so deposited in July 1986;

“Dover Harbour” has the same meaning “harbour” has in the Dover Harbour Consolidation Act 1954;

“enactment” includes an enactment contained in this Act or in any Act passed on or after the date on which this Act is passed, and any subordinate legislation within the meaning of the Interpretation Act 1978;

“footpath” has the same meaning as in the Highways Act 1980;

“frontier” means the frontier between the United Kingdom and France fixed by the Treaty;

“functions” includes powers, duties and obligations;

“goods” includes vehicles (notwithstanding that they may be being used for the carriage of other goods or of persons), animals, plants and any other creature, substance or thing capable of being transported;

“the Intergovernmental Commission” means the Inter-governmental Commission established by the Treaty;

“the international arrangements” means—

(a) the Treaty and the Concession; and

(b) any other agreements or arrangements between Her Majesty’s Government in the United Kingdom and the Government of the French Republic which for the time being apply for regulating any matters arising out of or connected with the tunnel system;

“land” includes buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land;

“limits of deviation” means the limits of deviation shown on the deposited plans and “limits of land to be acquired” means the limits of land to be acquired so shown;

“modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;

“nature conservation” means the conservation of flora, fauna or geological or physiographical features;

“the Railways Board” has the meaning given by section 5(3);

“the Safety Authority” means the Safety Authority established by the Treaty;

“shuttle service” and “shuttle train” have the meanings given by section 1(9);

“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;

“train” includes any locomotive and railway rolling stock of any description;

“the Treaty” has the meaning given by section 1(4);

“the tunnel system” has the meaning given by section 1(7); and

“vehicle” includes a railway vehicle.

(2) References in this Act to—

(a) the scheduled works;

(b) the Concessionaires’ scheduled works;

(d) the Railways Board’s scheduled works;

shall be read in accordance with section 5(4) of this Act.

(3) References in this Act to the expiry of the Concession are references to the expiry of the maximum period for which, in accordance with its terms, the Concession would remain in force in default of earlier termination under any of its provisions providing for premature termination of that maximum period.

(4) References in this Act to the termination of the Concession are references to the termination of the Concession before the end of that maximum period.

(5) References in this Act to agreement on a new Concession, and to a new Concession, shall be read in accordance with section 3(5) of this Act.

(6) In this Act—

(a) references to the M20 are references to the special road so designated; and

(b) references to specified distances or lengths shall be construed as if the words “or thereabouts” were inserted after each such distance or length, distances between points on a road or railway being measured along the centre line of the road or railway.

(7) Unless the context otherwise requires, a reference in this Act to a work identified by a number shall be read as a reference to the scheduled work or (as the case may be) the A20 improvement work of that number.

(8) In this Act—

(a) any reference specifying any land or point shown on the deposited plans shall be taken as a reference to the land or point identified on those plans by the numbers or letters or the numbers and letters so specified;

(b) unless the context otherwise requires, any reference to any land specifying a range of consecutive numbers shall include a reference to any land identified on the deposited plans by a number within the range of numbers so specified whether or not a letter is added to that number for the purpose of identification; and

(c) any reference to any land specifying a single number with the addition of a range of alphabetically consecutive letters shall include a reference to any land identified on the deposited plans by that number with the addition of any letter within the range of letters so specified.

(9) Any reference in this Act to Part I or II of the Land Compensation Act 1973 or any provision of either Part shall include a reference to that Part or provision as modified by section 84(1) of that Act.

Short title and extent

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(1) This Act may be cited as the Channel Tunnel Act 1987.

(2) This Act extends to Northern Ireland.

SCHEDULE 1

Part I, — The Concessionaires’ Scheduled Works

In the district of Dover (town of Dover and parishes of Capel-le-Ferne and Hougham Without) and the district of Shepway (town of Folkestone and parishes of Hawkinge, Newington and Saltwood), in the county of Kent—

Partly in the district of Dover (town of Dover and parish of Hougham Without), in the county of Kent—

In the district of Shepway (town of Folkestone and parishes of Hythe, Newington and Saltwood), in the county of Kent—

In the borough of Ashford (town of Ashford and parishes of Kingsnorth and Sevington), in the county of Kent—

Part II — The County Council’s Scheduled Works

In the borough of Ashford (town of Ashford and parishes of Kingsnorth and Sevington), in the county of Kent—

Part III — The Railways Board’s Scheduled Works

In the London borough of Lambeth—

In the London borough of Wandsworth—

In the London boroughs of Ealing and Hammersmith and Fulham and the Royal borough of Kensington and Chelsea—

In the district of Tandridge (parishes of Bletchingley and Nuffield), in the county of Surrey—

In the borough of Maidstone (parish of Lenham), in the county of Kent—

In the borough of Ashford (town of Ashford), in the county of Kent—

In the district of Shepway (parishes of Newington and Saltwood), in the county of Kent—

Part IV — Supplementary

Interpretation

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In this Schedule—

“A20” means the road from Ashford to Folkestone so classified; and

“B2065” means the road from Hythe to Bishopsbourne so classified.

Limits of deviation

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In their construction—

(a) each scheduled work may deviate from the line or situation shown for that work on the deposited plans to the extent of the limits of deviation so shown;

(b) Work No. 5 may deviate from the level shown for that work on the deposited sections to the extent of 10 metres upwards and to any extent downwards; and

(c) each of the scheduled works other than Work No. 5 may deviate from the level so shown for the work in question to the extent of 3 metres upwards and to any extent downwards.

SCHEDULE 2

PART I — APPLICATION OF ENACTMENTS

Application of Part II of the Public Utilities Street Works Act 1950

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(1) Part II of the Public Utilities Street Works Act 1950 (public utilities’ street works code where apparatus is affected by road, bridge or transport works) shall apply to any works for the construction or maintenance of Works Nos. 9A, 10A, 11 and 17 as if the Concessionaires were a highway authority.

(2) This paragraph does not prejudice the application, in accordance with that Act, of Part II of that Act to works required for the purposes of any transport undertaking within the meaning of that Act.

Application of Railways Clauses Acts

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(1) Subject to the following provisions of this paragraph, the Railways Clauses Consolidation Act 1845 and Part I of the Railways Clauses Act 1863, insofar as they are applicable for the purposes of this Act and are not inconsistent with its provisions, are hereby incorporated with this Act.

(2) The following provisions of the Railways Clauses Consolidation Act 1845 are excepted from incorporation by virtue of sub-paragraph (1) above—

but of the provisions of that Act which are so incorporated the following shall not apply to the Concessionaires—

(3) The following provisions of Part I of the Railways Clauses Act 1863 are excepted from incorporation by virtue of sub-paragraph (1) above—

but of the provisions of that Part of that Act which are so incorporated sections 4 to 7 shall not apply to the Concessionaires.

(4) For the purposes of the provisions of the said Clauses Acts so incorporated and applicable to the Concessionaires—

(a) references to the company are references to the Concessionaires;

(b) “the railway” means Works Nos. 1 to 5 and other works and things constructed, provided or used for or in connection with those works and, for the purposes of sections 16 and 30 to 44 of the said Act of 1845, includes Work No. 6;

(c) section 6 of the said Act of 1845 shall have effect as if the words “and to take lands for that purpose” and the words “for the value of the lands so taken or used and” were omitted;

(d) section 46 of the said Act of 1845 shall have effect as if the proviso were omitted; and

(e) section 68 of the said Act of 1845 shall have effect as if the word “gates” where first occurring, the words “or leading to or from” and the words from “together with all necessary gates” to “all necessary stiles” were omitted.

(5) For the purposes of the provisions of the said Clauses Acts so incorporated and applicable to the Railways Board—

(a) references to the company are references to the Railways Board;

(b) “the railway” means the Railways Board’s scheduled works other than Works Nos. 21A, 21B and 26A and, for the purposes of sections 16 and 30 to 44 of the said Act of 1845, includes those last-mentioned works.

(6) For the purposes of the provisions of the said Clauses Acts so incorporated and applicable to the Concessionaires and the Railways Board—

(a) section 87 of the said Act of 1845 shall have effect as if for the words from “company, being” to “other railway” there were substituted the word “ body ” and for the words “other company”, where secondly occurring, there were substituted the words “ other body ”; and

(b) section 88 of the said Act of 1845 shall have effect as if for the word “companies”, in both places where it occurs, there were substituted the word “ bodies ” and for the word “company” there were substituted the word “ body ”.

(7) Sections 18 and 21 of the said Act of 1845 as incorporated by sub-paragraph (1) above shall not apply in any case where the relations between either the Concessionaires or the Railways Board and any other persons are regulated by Part II of the Public Utilities Street Works Act 1950 or by Part VI of Schedule 7 to this Act.

PART II — REGULATION OF SCHEDULED WORKS AND SUBSIDIARY PROVISIONS

SECTION A — PROVISIONS APPLICABLE TO CONCESSIONAIRES

Use of electrical energy

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(1) The following provisions of this paragraph shall apply in respect of the use of electrical energy for the purposes of Works Nos. 3, 4 and 5 (in this section referred to as “the authorised railway”).

(2) All reasonable precautions shall be taken in constructing, placing and maintaining electric lines and circuits, and in working the authorised railway, to prevent—

(a) injurious affection (by the discharge of electrical currents into the ground, fusion or electrolytic action) of any gas or water pipes, electric lines or other metallic pipes, structures or substances; or

(b) interference with, or with the working of, any wire, line or apparatus used for the purpose of transmitting electrical energy or of electronic communications.

(3) The Secretary of State may make regulations under this paragraph for regulating the use of electrical energy for the operation of the authorised railway, including regulations—

(a) for preventing injurious affection (by the discharge of electrical currents into the ground, fusion or electrolytic action) of gas or water pipes, electric lines or other metallic pipes, structures or substances; and

(b) for minimising, so far as is reasonably practicable, interference with, and with the working of, electric wires, lines and other apparatus whether such apparatus does, or does not, use the earth as a return.

(4) All reasonable precautions against interference with, or with the working of, any wire, line or apparatus shall be deemed to have been taken if and so long as use is made of either such insulated returns, or of such uninsulated metallic returns of low resistance and of such other means of preventing injurious interference with, and with the working of, electric wires, lines and apparatus, as may be prescribed by the said regulations; and in prescribing such means the Secretary of State shall have regard to the expense involved in relation to the protection afforded.

(5) The provisions of this paragraph shall not give any right of action in respect of injurious interference with, or with the working of, any electric wire, line or apparatus, or the currents therein, unless in the construction, erection, maintaining and working of such wire, line or apparatus all reasonable and proper precautions, including the use of an insulated return, have been taken to minimise injurious interference therewith, and with the currents therein, by or from other electric currents.

(6) If any difference arises between the Concessionaires and any other person with respect to anything in the foregoing provisions of this paragraph, the difference shall, unless the parties otherwise agree, be determined by the Secretary of State or, at his option, by an arbitrator to be appointed by him, and the costs of such determination shall be in the discretion of the Secretary of State or of the arbitrator, as the case may be.

(7) The power to make regulations conferred on the Secretary of State by this paragraph shall be exercisable by statutory instrument.

(8) In this paragraph reference to an insulated return includes a reference to a return by means of a combined neutral and earth cable which is covered by a sheath suitable for protection against corrosion and is approved for use below ground by the Secretary of State for the purpose of any regulations relating to the supply of electricity.

Concessionaires’ subsidiary works

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(1) The Concessionaires may, for the purposes of or in connection with their scheduled works, do any of the following things within the limits of deviation for those works, that is to say—

(a) make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, lifts, stairs, escalators, ramps, passages, means of access, shafts, stagings, buildings, apparatus, plant and machinery as may be necessary or convenient;

(b) make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any existing highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter the line or level of any existing 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 existing 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) carry out any works, and do any things necessary, for the protection of any adjoining land;

(e) alter or remove any structure erected upon any highway or adjoining land and plant trees, shrubs or other vegetation; and

(f) raise, sink or otherwise alter the position of any of the steps, areas, cellars, boundary-walls, railings, fences, windows, sewers, drains, watercourses, pipes, spouts or wires of, or connected with, any building, and remove any other obstruction.

(2) The Concessionaires shall pay compensation for any damage done in exercise of the powers conferred by this paragraph.

(3) Any question of disputed compensation payable under the provisions of this paragraph shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

Use of lagoon for drainage

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(1) Subject to the requirements of sub-paragraph (2) below, the Concessionaires may—

(a) raise, lower or regulate the water, or the level or flow of water, in the Seabrook Stream in such manner as may be necessary or expedient for the construction, maintenance or operation of the drainage lagoon (Work No. 16); and

(b) discharge water from the lagoon into the stream at a point immediately below the embankment by which that work is formed.

(2) In the construction of that embankment, and thereafter in the maintenance and operation of that work, the Concessionaires shall take such steps as may be necessary to ensure compliance with the requirement that the rate at which water is discharged from that work into the stream is never more than such maximum rate nor less than such minimum rate as may be agreed between the Concessionaires and the Southern Water Authority or, in default of agreement or on notice being given by the Secretary of State to the Concessionaires and the water authority, shall be determined by him; and in the exercise of any of the powers of sub-paragraph (1) above the Concessionaires shall comply with such conditions as may be so agreed or determined.

(3) Before agreeing rates of discharge or conditions under sub-paragraph (2) above the water authority shall consult Natural England, the Shepway District Council and the Kent County Council.

(4) For the purposes of the Water Resources Act 1963 the provisions of this Act authorising the construction, maintenance and operation of the drainage lagoon shall be treated as if contained in a licence to construct impounding works granted to the Concessionaires subject to the requirement, and to any conditions relating to the exercise of the powers of sub-paragraph (1)(a) above, agreed or determined under sub-paragraph (2) above.

(5) For the purposes of Part II of the Control of Pollution Act 1974 the discharge of water under sub-paragraph (1)(b) above shall be treated as if made with the consent of the water authority given in pursuance of that Act subject to such conditions relating to the discharge as may be agreed or determined under sub-paragraph (2) above.

(6) In any proceedings for failure to comply with any such requirement or condition as is mentioned in sub-paragraph (4) above, it shall be a defence to prove that the failure was wholly or mainly attributable to exceptional shortage of rain, frost, accident or other unavoidable cause.

Safety of lagoon

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For the purposes of the Reservoirs Act 1975 (which makes special provision about the construction, use, alteration and inspection of large reservoirs), the drainage lagoon (Work No. 16) shall be treated as a large raised reservoir within the meaning of that Act.

SECTION B — PROVISIONS APPLICABLE TO COUNTY COUNCIL

County Council’s subsidiary works

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(1) The County Council may, for the purposes of or in connection with their scheduled works, do any of the following things within the limits of deviation for those works, that is to say—

(a) make, provide and maintain all such approaches, bridges, subways, roundabouts, ramps, passages and means of access as may be necessary or convenient;

(b) make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any existing highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter the line or level of any existing 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 existing 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) carry out any works, and do any things necessary, for the protection of any adjoining land;

(e) alter or remove any structure erected upon any highway or adjoining land and plant trees, shrubs or other vegetation; and

(f) raise, sink or otherwise alter the position of any of the steps, areas, cellars, boundary-walls, railings, fences, windows, sewers, drains, watercourses, pipes, spouts or wires of, or connected with, any building, and remove any other obstruction.

(2) The County Council shall pay compensation for any damage done in exercise of the powers conferred by this paragraph.

(3) Any question of disputed compensation payable under the provisions of this paragraph shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

SECTION C — PROVISIONS APPLICABLE TO RAILWAYS BOARD

Passenger station at Ashford

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(1) Without prejudice to section 16 of the Railways Clauses Consolidation Act 1845, as applicable to them, the Railways Board may, on land in the borough of Ashford (town of Ashford) in which they have sufficient right or interest—

(a) make, maintain and operate a new passenger station adjacent to their existing station at Ashford on any part of the lands in that town numbered 21 on the deposited plans;

(b) construct and maintain facilities in connection with the said new passenger station, including a terminal building with frontier control facilities, footbridges linking that station with their said existing station and other works and conveniences, including road vehicle parks, on the lands in that town numbered 3, 16, 18, 20 and 21 on the deposited plans with means of access for vehicles provided in accordance with sub-paragraph (2) below;

(c) lay out a new road vehicle park on any part of the lands in that town numbered 25, 27 and 28 to 31 on the deposited plans with means of access for vehicles either to the new road (Work No. 18C) or to such other road as may be agreed between the Railways Board and the Kent County Council or in default of agreement determined by the Secretary of State.

(2) The means of access for vehicles to the facilities mentioned in sub-paragraph (1)(b) above shall be provided at such points as may be agreed between the Railways Board and the County Council or in default of agreement determined by the Secretary of State.

Passenger station at Waterloo

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(1) In connection with the construction of Works Nos. 21, 21A and 21B, the Railways Board may, within the limits of deviation for those works in the London borough of Lambeth—

(a) enlarge, improve, and provide frontier control facilities at their existing Waterloo station with all necessary works and conveniences connected therewith;

(b) make junctions with and alter the line or level of any street or way adjoining, or affected by the construction of, those works;

(c) provide means of access for vehicles to Carlisle Lane at the points marked C and D on the deposited plans and to Upper Marsh at the points so marked E and F; and

(d) appropriate, hold and use, for the purposes of Work No. 21 and the works at the station under paragraph (a) above, any lands within the said limits, including any works on those lands previously authorised by any enactment.

(2) In connection with the construction of Work No. 21, the Railways Board may in the London borough of Lambeth—

(a) reduce to a width not less than 1.83 metres so much of the footpath known as Leake Court as lies between the points marked G and H on the deposited plans;

(b) reduce to a width not less than 15 metres so much of Carlisle Lane as lies within the limits of deviation for that work between the points marked I and J on the deposited plans; and

Railways at Stewart’s Lane, Wandsworth

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(1) In connection with the construction of Works Nos. 23, 23A and 23B, the Railways Board may in the London borough of Wandsworth—

(a) construct the bridge over Thessaly Road (part of Work No. 23A) so as to provide a headroom not less than 4.40 metres over the surface of the street under the bridge;

(b) alter the level of Stewart’s Road under the bridge over that road (part of Work No. 23B) so as to provide a headroom not less than 4.57 metres over the surface of the street;

(c) provide means of access for vehicles to Ascalon Street at the points marked A and B on the deposited plans, to Stewart’s Road at the point so marked C and to Ponton Street at the point so marked D; and

(d) appropriate, hold and use, for the purposes of Works Nos. 23A and 23B, any lands within the limits of deviation for those works and any works on those lands previously authorised by any enactment.

(2) In connection with the construction of Works Nos. 23, 23A and 23B or other works of the Railways Board in the vicinity thereof, the Railways Board may in the London borough of Wandsworth provide, for the purposes of such construction and of the maintenance and operation of those works, means of access for vehicles to Corunna Terrace at the point marked J on the deposited plans.

Works Nos. 25A and 25B: nature consultations

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The Railways Board shall not begin to construct Work No. 25A or Work No. 25B until they have consulted—

(a) the councils of the London borough of Ealing, the London borough of Hammersmith and Fulham and the Royal borough of Kensington and Chelsea; and

(b) the London Wildlife Trust;

as to the likely effect of the construction of the works on nature conservation.

Further works and powers

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The Railways Board may make and maintain the following further works (in so far as they are shown on the deposited plans and sections, in the lines or situations, and according to the levels, so shown) and may exercise the following powers—

(1) In connection with the construction of Work No. 24, they may in the London borough of Wandsworth—

(a) provide means of access for vehicles to Sheepcote Lane at the points marked A and B on the deposited plans; and

(b) appropriate, hold and use, for the purposes of that work, any lands within the limits of deviation for that work, including any works on those lands previously authorised by any enactment.

(2) In connection with the construction of Works Nos. 25A, 25B and 25C, they may, within the limits of deviation for those works, in the London boroughs of Ealing and Hammersmith and Fulham and the Royal borough of Kensington and Chelsea—

(a) make, maintain and operate a maintenance depot; and

(b) provide means of access for vehicles to Scrubs Lane and Mitre Way at the points marked B and C respectively on the deposited plans.

(3) In connection with the construction of Works Nos. 25A, 25B and 25C and of other works of the Railways Board in the vicinity thereof, they may in those boroughs provide means of access for vehicles to Old Oak Common Lane and Barlby Road at the points marked A and D respectively on the deposited plans.

(4) On the completion of Work No. 26A they may, in the parish of Bletchingley in the district of Tandridge, in the county of Surrey, fill in so much of Nutfield Brook between the points marked B and C on the deposited plans as will be rendered unnecessary by that work.

(5) In connection with the construction of Works Nos. 30, 30A and 30B, they may in the parishes of Newington and Saltwood, in the district of Shepway, in the county of Kent—

(a) provide facilities for making emergency repairs to rolling stock on any part of the lands numbered, in the parish of Newington, 4 to 7, 12, 25, 26, 33 and 36 and, in the parish of Saltwood, 7 and 8 on the deposited plans; and

(b) provide means of access for vehicles for construction purposes to the road from Hythe to Bishopsbourne (B2065) at the point marked K on the deposited plans.

Temporary possession of land

13

(1) Subject to the provisions of this paragraph the Railways Board may, in connection with the construction of their scheduled works specified in column (1) of the following table or any works in connection with those works, enter upon and take possession of the lands in the areas specified in columns (2) and (3) of that table for such purposes as are specified in column (4) of that table and may, for any such purpose, remove any structures on those lands and provide means of access to those lands.

(1)	(2)	(3)	(4)
Works Nos.	Area	Number of land shown on deposited plans	Purpose for which temporary possession may be taken
23, 23A and 23B	London borough of Wandsworth	26	The provision of vehicular access for construction.
		48	The provision of a working site and vehicular access for construction.
25A, 25B and 25C	London borough of Hammersmith and Fulham	4 and 8	The provision of a working site and vehicular access for construction.
26 and 26A	District of Tandridge (parish of Nutfield)	1, 2, 4 to 7 and 7A	The provision of a working site and vehicular access for construction to Coopers Hill Road at the point marked A on the deposited plans.
	District of Tandridge (parish of Bletchingley)	1, 2 and 5 to 7	The provision of a working site and vehicular access for construction to Outwood Lane at the point marked B on the deposited plans.
28A and 28B	Borough of Maidstone (parish of Lenham)	2 and 4	The provision of a working site and vehicular access for construction to Ham Lane at the point marked A on the deposited plans.
		10 and 11	The provision of a working site and vehicular access for construction to Lenham Road at the point marked B on the deposited plans.

(2) Not less than 28 days before entering upon and taking temporary possession of any land under this paragraph the Railways Board shall give notice to the owners and occupiers of the land.

(3) The Railways Board shall not, without the agreement of the owners and occupiers, remain in possession of any part of any land under this paragraph after a period of one year from the completion of the work or (as the case may be) all the works specified in relation to that land in column (1) of the table in sub-paragraph (1) above.

(4) Except in the case of the land in the London borough of Wandsworth numbered 26 on the deposited plans, all private rights of way over any land of which the Railways Board take temporary possession under this paragraph shall be suspended and unenforceable for so long as the Railways Board remain in lawful possession of the land.

(5) Before giving up possession of any land of which they have taken temporary possession under this paragraph, the Railways Board shall remove all temporary works and restore the land to the reasonable satisfaction of the owners and occupiers of the land.

(6) The Railways Board shall not be empowered to purchase compulsorily, or be required to purchase, any part of any land of which they have taken temporary possession under this paragraph.

(7) The Railways Board shall pay compensation to—

(a) the owner or occupier of any land of which they take temporary possession under this paragraph for any damage resulting from the exercise of the powers of this paragraph in relation to that land; and

(b) any person who suffers damage by reason of the suspension of any right under this paragraph.

(8) Nothing in this paragraph shall affect liability to compensate under section 6 or 43 of the Railways Clauses Consolidation Act 1845, as incorporated with this Act, or section 10(2) of the Compulsory Purchase Act 1965, as applied by section 37 of this Act, or under any other enactment, except so far as compensation is payable under sub-paragraph (7) above.

(9) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

Section D — Provisions Applicable to Concessionaires, County Council and Railways Board

Use of sewers, etc. for removing water

14

(1) The appropriate authority may use for the discharge of any water pumped or found during the construction of the scheduled works or any works in connection with those works any available stream or watercourse or any public sewer, and for that purpose may lay down, take up and alter conduits, pipes and other works and may make any convenient connections with any such stream, watercourse or public sewer within the limits of deviation for their scheduled works.

(2) The appropriate authority shall not under the powers of this paragraph discharge any water into any sewer vested in or under the control of a water authority, internal drainage board or local authority except with the consent of that authority or board (which shall not be unreasonably withheld) and subject to such terms and conditions as that authority or board may reasonably impose; and the appropriate authority shall not make an opening into any such sewer except in accordance with plans reasonably approved by, and under the superintendence (if given) of, that authority or board.

(3) The discharge of water under the powers conferred by this paragraph into any stream shall not prejudice the application of Part II of the Control of Pollution Act 1974 but section 31 of that Act shall have effect in relation to discharges under the powers of this paragraph into any relevant waters within the meaning of that section as if no matter so discharged were trade or sewage effluent or other matter mentioned in subsection (2)(e) of that section.

(4) In the exercise of their powers under this paragraph the appropriate authority shall not damage or interfere with—

(a) the bed of any watercourse forming part of the main river of a water authority or the banks thereof within the meaning of section 116 of the Land Drainage Act 1976; or

(b) a metropolitan watercourse within the meaning of paragraph 1 of Schedule 5 to that Act.

(5) The appropriate authority shall take all such steps as may be reasonably required to secure that any water discharged under the powers of this paragraph shall be as free as may be reasonably practicable from any gravel, chalk, soil or other solid substance or matter in suspension.

(6) Any difference arising between the appropriate authority and a water authority, internal drainage board or local authority under this paragraph shall be determined by arbitration.

Underpinning of buildings

15

(1) If in the construction of any of the scheduled works or any works in connection with any such work (“the work in question”) it becomes necessary to do so, the appropriate authority may, and if required by the owner or lessee shall, underpin or otherwise strengthen any building within 35 metres of the work in question in accordance with the provisions of this paragraph.

(2) Except in case of emergency, the appropriate authority shall give to the owner, lessee or occupier of a building, or the owner or lessee of a building shall give to the appropriate authority, at least 28 days’ notice in writing of the intention or (as the case may be) requirement, to underpin or otherwise strengthen that building under this paragraph, and if within 21 days of the giving of such notice the owner, lessee or occupier or (as the case may be) the appropriate authority give a counter-notice in writing disputing the necessity of the underpinning or strengthening, the question of necessity shall be settled by arbitration.

(3) The appropriate authority may, at any time after the underpinning or strengthening of any building under the foregoing provisions of this paragraph is completed and before the expiration of a period of five years from the bringing into use of the work in question, enter upon and survey the building and, after complying with the foregoing provisions of this paragraph, carry out such further underpinning or strengthening of the building as they may deem necessary or expedient or, if the owner, lessee or occupier of the building disputes the necessity or expediency, as may be settled by arbitration.

(4) Where any question of necessity or expediency is referred to arbitration under the foregoing provisions of this paragraph and the arbitrator, after inspecting the building, decides that the underpinning or strengthening is necessary or (as the case may be) that the further underpinning or strengthening is necessary or expedient, the arbitrator may, and if so required by the owner, lessee or occupier shall, prescribe the manner in which the underpinning or strengthening is to be carried out and the appropriate authority shall underpin or strengthen the building accordingly.

(5) For the purpose of determining how to exercise their powers and duties under this paragraph the appropriate authority may at any reasonable time enter and survey any building within 35 metres of any of their scheduled works.

(6) The appropriate authority shall pay compensation to the owner, lessee and occupier of every building underpinned or strengthened in pursuance of the powers conferred by this paragraph for any damage which they may suffer by reason of the exercise of those powers.

(7) Nothing in this paragraph shall affect liability to compensate under section 6 of the Railways Clauses Consolidation Act 1845, as incorporated with this Act, or section 10(2) of the Compulsory Purchase Act 1965, as applied by section 37 of this Act, or under any other enactment, except so far as compensation is payable under sub-paragraph (6) above.

(8) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

(9) Section 30 of the Compulsory Purchase Act 1965 shall apply to the service of notices under this paragraph with any necessary modifications.

(10) In this paragraph “building” includes any structure and, in the case of a work under the surface of the ground, reference to a building within 35 metres of that work includes reference to any building within 35 metres of the point on the surface below which the work is situated.

Part III — Highways, Roads, etc.

Stopping up of highways by Concessionaires, County Council and Railways Board

16

(1) Subject to the provisions of this paragraph, the Concessionaires may, in connection with the construction of their scheduled works, stop up each of the highways or parts thereof specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of Section A in Part I or II of the following table and any other bridleways or footpaths within the limits of land to be acquired.

(2) Subject to the provisions of this paragraph, the County Council may, in connection with the construction of their scheduled works, stop up each of the highways or parts thereof specified as aforesaid in columns (1) and (2) of Section B in Part I or II of the following table and any other bridleways or footpaths within the limits of land to be acquired.

(3) Subject to the provisions of this paragraph, the Railways Board may stop up each of the highways or parts thereof specified as aforesaid in columns (1) and (2) of Section C in Part I or II of the following table and any other bridleways or footpaths within the limits of land to be acquired.

(4) The stopping up under this paragraph of the existing highways or parts thereof specified in columns (1) and (2) of Part II of the following table is subject to the requirements of paragraph 18 below—

(a) with respect to the new highway to be substituted therefor, specified as aforesaid or by reference to scheduled works, in column (3) of that Part of the table in relation to each such existing highway or part thereof; or

(b) where that new highway is not a scheduled work, with respect either to that new highway or to such other new highway as may be approved by the County Council as the highway to be substituted for any such existing highway or part thereof;

and references in paragraph 18, in relation to any such existing highway or part thereof, to an alternative approved highway are references to any other new highway approved as mentioned in paragraph (b) above as the highway to be substituted for it.

17

(1) The Concessionaires may, with the written consent of the Secretary of State, stop up in connection with the construction of any of the works authorised by this Act any part of the M20 within the limits of land to be acquired other than any part of its carriageways.

(2) On the stopping up of any part of the M20 under sub-paragraph (1) above, all rights of way over or along that part shall be extinguished.

Construction and completion of new or substituted highways

18

(1) None of the following parts of highways to which sub-paragraph (4) of paragraph 16 above applies, namely—

(a) the parts of the A20 road from Ashford to Folkestone for which parts of Work No. 9A and Work No. 9B are to be substituted; and

(b) the parts of the B2065 road from Hythe to Bishopsbourne for which Works Nos. 10A and 11 are to be substituted;

shall be stopped up under that paragraph until the County Council have certified the date on which the new highway concerned has been completed and is open for public use or, on application made to the Secretary of State by the Concessionaires after refusal by the County Council so to certify, he has so certified.

(2) If within 28 days after an application has been made to the County Council for them to certify a date under sub-paragraph (1) above they have neither done so nor refused to do so, they shall be deemed for the purposes of that sub-paragraph to have refused to do so.

(3) The part of the A20 road from Ashford to Folkestone for which Work No. 9A is to be substituted shall not be stopped up under paragraph 16 above until, in addition, the County Council have certified that—

(a) the new bridleway between CE1 and F5; or

(b) an alternative approved highway;

has been completed in accordance with their reasonable requirements and is open for public use or, in case of a difference between the Concessionaires and the County Council as to whether a certificate has been unreasonably withheld or as to the reasonableness of their requirements, until the difference has been determined by the Secretary of State, on application made to him by the Concessionaires after not less than 28 days’ notice to the County Council, and he has certified that the new bridleway or alternative approved highway has been completed in accordance with his determination and is open for public use.

(4) No part of any highway specified in Section A of Part II of the table in paragraph 16 above, other than one mentioned in sub-paragraph (1) above, and no part of the highways specified in Section C of Part II of that table shall be stopped up under that paragraph until the County Council have certified that—

(a) the new highway to be substituted therefor; or

(b) an alternative approved highway;

has been completed in accordance with their reasonable requirements and is open for public use or, in case of a difference between the Concessionaires or the Railways Board and the County Council as to whether a certificate has been unreasonably withheld or as to the reasonableness of their requirements, until the difference has been determined by the Secretary of State, on application made to him by the Concessionaires or the Railways Board after not less than 7 days’ notice to the County Council, and he has certified that the new highway or alternative approved highway has been completed in accordance with his determination and is open for public use.

(5) No part of any highway specified in Section B of Part II of the table in paragraph 16 above shall be stopped up under that paragraph until the County Council are satisfied that—

(a) the new highway to be substituted therefor; or

(b) an alternative approved highway;

has been completed and is open for public use.

19

(1) Before commencing the construction of any of Works Nos. 9A, 9B, 10A, 11 or 17 the Concessionaires shall submit to the County Council for their approval plans, sections and specifications (below in this paragraph referred to as “plans”) of the work and, unless the Concessionaires and the County Council otherwise agree, it shall not be constructed except in accordance with the plans submitted to the County Council and approved by them or, on application made to the Secretary of State by the Concessionaires after disapproval of the plans by the County Council, approved by him.

(2) If within 28 days after the plans have been submitted the County Council have not approved or disapproved them, they shall be deemed to have approved the plans as submitted.

20

(1) If it appears to the County Council that the construction of Work No. 17 will not be completed on or before the date on which their scheduled works will be completed and open for public use, they may by notice require the Concessionaires to complete the construction of that work by such reasonable date as they may specify in the notice.

(2) Any difference about the reasonableness of any date specified in a notice under sub-paragraph (1) above shall be determined by the Secretary of State.

(3) The Secretary of State shall certify the date on which the construction of Work No. 17 has been completed.

Repair of highways and agreements with highway authorities

21

(1) Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845, as incorporated with this Act, the appropriate authority shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed or the immediate approaches thereto.

(2) Except as provided in sub-paragraph (3) below, any new highway constructed by the Concessionaires or the Railways Board under this Act in substitution for an existing highway or part thereof shall, unless otherwise agreed between the Concessionaires or the Railways Board and the County Council, be maintained by and at the expense of the Concessionaires or the Railways Board for a period of twelve months from the date certified as the date on which it has been completed and is open for public use and, at the end of that period, shall be maintained by and at the expense of the County Council.

(3) The new bridleway between the points G1 and G2 shown on the deposited plans to be substituted for the part of the existing bridleway in the district of Shepway (parishes of Hythe and Newington) between those points shall, when completed, be maintained by and at the expense of the Concessionaires.

(4) Sections 116 and 117 of the Transport Act 1968 (responsibility for the maintenance of highway bridges over railways) shall apply to the Concessionaires as if they were one of the boards mentioned in those sections.

(5) Where under this Act the appropriate authority are authorised to stop up or interfere with an existing highway or part thereof, they may enter into agreements with the persons having the charge, management or control of the highway concerning the construction, or a contribution towards the expense of the construction, of any new highway to be provided in substitution therefor or of any alteration of the existing highway and any other related matters.

(6) The appropriate authority may, by agreement with any such persons, delegate to them the power of constructing any such new highway or any such alteration of an existing highway, including any bridge over any railway, and, where the appropriate authority are responsible for maintaining the new or altered highway (or bridge), the power to maintain it.

Temporary interference with highways

22

(1) The appropriate authority may, for the purpose of constructing or maintaining works which they are authorised to construct under this Act, temporarily stop up, break up or interfere with, or alter or divert, the whole or any part of any highway within the limits of land to be acquired or used and may carry out and do all necessary works and things for, or in connection with, the stopping up, opening, breaking up, interference, alteration or diversion and for keeping the highway open for traffic.

(2) The appropriate authority shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on any highway affected by the exercise of the powers conferred by this paragraph.

Power to use subsoil of highways

23

Subject to the provisions of this Act the appropriate authority may enter upon, take and use for the purposes of this Act so much of the subsoil and under-surface of any highway within the limits of deviation for their scheduled works as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil and under-surface or any interest therein.

Status of certain highways constructed by the Concessionaires

24

(1) The Secretary of State shall certify points on Works Nos. 9E and 9F to which each of those works from their commencement shall be special roads.

(2) On the date certified by the Secretary of State as the date on which the roads forming the parts of those works from their commencement to those points have been completed and are open for public use, those roads shall become trunk roads and special roads for the exclusive use of traffic of Classes I and II of the classes of traffic specified in Schedule 4 to the Highways Act 1980 as if they had been provided by the Secretary of State in pursuance of a scheme made by him under section 16 of that Act—

(a) prescribing the route of those roads as the route for the special roads to be provided under the scheme;

(b) prescribing both those classes of traffic; and

(3) The provisions of sub-paragraph (2) above shall be treated for the purposes of that Act as provisions of a scheme under that section.

(4) On the date certified in relation to any new highway under paragraph 18(1) above the road which is the highway shall be transferred to the Kent County Council.

(5) Where the construction of any part of the road forming Work No. 17 has been completed the Secretary of State may, if the part concerned was not a highway at the passing of this Act, certify a date on which it is to be transferred to that Council.

(6) In the case of any new road constructed by the Concessionaires in pursuance of this Schedule, other than one to which sub-paragraph (2), (4) or (5) above applies, the Secretary of State may certify a date on which that road is to be transferred to that Council.

(7) On the date certified in relation to any road or part of a road under sub-paragraph (5) or (6) above, that road or part of a road shall be transferred to that Council.

(8) Subject to paragraph 27(4)(b) below, following a transfer under sub-paragraph (4) or (7) above the road or part of a road transferred shall be treated as if it had been constructed by that Council in exercise of their powers under section 24(2) of the Highways Act 1980.

(9) The Secretary of State may classify any road proposed to be constructed which may be transferred to that Council under this paragraph in any manner in which, and for any purposes for which, he could under section 12(3) of that Act classify a proposed highway for which that Council are the highway authority.

(10) On the date of its transfer to that Council any road classified under sub-paragraph (9) above shall become a highway classified in the manner and for the purposes in question as if so classified under section 12(3) of that Act.

Status of the County Council's works

25

The construction by the Kent County Council of a highway in pursuance of this Act shall be treated as the construction of a highway in pursuance of section 24(2) of the Highways Act 1980.

Regulation of traffic on new roads

26

(1) Subject to sub-paragraph (2) below, any power under the Road Traffic Regulation Act 1984 to make an order or to give a direction with respect to any road shall be exercisable in relation to any road forming or forming part of any of the Concessionaires’ or the County Council’s scheduled works before that road is open for public use, in any case where it appears to the Secretary of State to be expedient that the order or (as the case may be) the direction should have effect immediately on the road’s becoming open for public use.

(2) The procedure otherwise applicable under that Act in relation to the making of any such order or the giving of any such direction shall apply in any such case with such modifications as the Secretary of State may determine; and he shall publish notice of those modifications in such manner as appears to him to be appropriate for bringing them to the notice of persons likely to be affected by the provisions of any such order or (as the case may be) by any such direction.

Compensation for, and mitigation of, adverse effects of certain authorised works

27

(1) Subject to the following provisions of this paragraph, the Secretary of State is the responsible authority for the purposes of Parts I and II of the Land Compensation Act 1973 (compensation for, and mitigation of, injurious effects of public works) as respects the Concessionaires’ scheduled works and any other works of the Concessionaires authorised by this Act (including the construction or alteration of any highway).

(2) Where a claim under Part I of that Act relates to depreciation caused by use of the road forming Work No. 17—

(a) if and so far as it relates to depreciation that would not have been caused but for the opening to public traffic of Kent County Council’s scheduled works, that Council shall be the responsible authority in relation to it; and

(b) if and so far as the Secretary of State is the responsible authority in relation to it, no account shall be taken in assessing compensation of any use or expected intensification of use of that road due to that opening.

(3) If and so far as the Kent County Council are the responsible authority in relation to a claim under that Part of that Act by virtue of sub-paragraph (2)(a) above, that Part of that Act shall have effect in relation to the claim as if—

(a) the relevant date were the date on which all of their scheduled works were first open to public traffic;

(b) the increase in value to be taken into account under section 6 were any increase that would not have been caused but for the opening to public traffic of those works; and

(c) subsection (1) of section 8 did not preclude the payment of compensation unless the previous claim was in respect of depreciation that would not have been caused but for that opening and subsection (2) of that section did not preclude the payment of compensation.

(4) Subject to the following provisions of this paragraph, the Noise Insulation Regulations 1975 shall have effect as if—

(a) the Secretary of State were the appropriate highway authority in relation to all of the Concessionaires’ scheduled works and other works of the Concessionaires authorised by this Act which are highways, except the road forming Work No. 17;

(b) Work No. 17 were, as from the commencement of its construction, the construction of a highway by the Kent County Council; and

(c) the relevant noise level, in relation to the road forming that work, did not include any level of noise caused or expected to be caused by traffic using or expected to use it before the date on which all of Kent County Council’s scheduled works are first open to public traffic.

(5) Notwithstanding anything in sub-paragraph (1) or (4) above, the Secretary of State—

(a) is not liable to satisfy any claim under Part I of the Land Compensation Act 1973 in connection with the use of any highway for which he is not the highway authority; and

(b) does not have any obligation or power under the Noise Insulation Regulations 1975 in connection with the use or alteration of any such highway;

if and so far as the claim, obligation or power arises in connection with the alteration of the highway otherwise than in pursuance of this Act.

(6) Subject to the following provisions of this paragraph, in the case of any of the Concessionaires’ scheduled works and any other works of the Concessionaires authorised by this Act which involve the construction or alteration of a highway, the Secretary of State shall have the powers and duties of a highway authority under—

(a) section 28 of that Act (power to pay expenses of persons moving temporarily during construction works); and

(b) sections 246, 253 and 282 of the Highways Act 1980 (which relate respectively to acquisition of land, agreements with respect to use of land and execution of works for the purpose of mitigating adverse effects of highways);

as if he were constructing or altering, or proposing to construct or alter, the highway, and references in those sections to a highway authority shall be construed accordingly.

(7) The Secretary of State may with the consent of the Kent County Council by order made by statutory instrument transfer to that Council, on such terms as may be provided in the order—

(a) any land acquired by him under section 246 of the Highways Act 1980; and

(b) any rights and liabilities acquired by or accrued to him under that section, section 253 or 282 of the Highways Act 1980 or the Noise Insulation Regulations 1975;

by virtue of this paragraph.

(8) For the purposes of section 26 of the Land Compensation Act 1973 (power of responsible authority to acquire land by agreement for the purpose of mitigating any adverse effects of public works) the Concessionaires’ and the Railways Board’s scheduled works and any other works of the Concessionaires or (as the case may be) of the Railways Board authorised by this Act shall be treated as public works notwithstanding that they form part of a statutory undertaking as defined by section 336(1) of the Town and Country Planning Act 1990.

SCHEDULE 3

Preliminary

1

In this Schedule—

“authorised development” means development to which the planning permission deemed by section 9(1) of this Act to have been granted under Part III of the Act of 1971 relates;

“spoil” means spoil from tunnelling works; and

“surplus spoil” means spoil which is not used for the purposes of any of the works authorised by this Act.

Scheme of operation for authorised development

2

Any authorised development shall be carried out in accordance with a scheme of operation consisting of the arrangements with respect to the matters mentioned in the left-hand column of the following table which the appropriate planning authority have, at the request of the Concessionaires, for the time being approved as the arrangements which are to be adopted in carrying out the development to which the scheme relates.

Detailed plans and specifications for certain authorised development

3

To the extent that any authorised development consists of any operation or work mentioned in the left-hand column of the following table it shall be carried out in accordance with detailed plans and specifications approved, at the request of the Concessionaires, by the appropriate planning authority.

Spoil

4

(1) No surplus spoil shall be deposited except on the landward side of the sea wall.

(2) No more than the maximum permitted amount of spoil shall be deposited there (whether or not as surplus spoil).

(3) The maximum permitted amount of spoil is the amount deriving from the excavation of 3.75 million cubic metres of unexcavated material.

(4) The functions of a local planning authority of issuing enforcement notices under section 87 of the Act of 1971 or serving stop notices under section 90 of that Act shall be exercisable by the county planning authority so far as they relate to a breach of planning control consisting of failure to comply with the requirement imposed by sub-paragraph (2) above.

(5) The county planning authority may by notice in writing require the Concessionaires to give in writing within twenty-one days after the date on which the notice is served, or such longer time as may be specified in the notice or as the authority may allow, such information as may be so specified as to—

(a) the amount of spoil which has been deposited on the landward side of the sea wall; and

(b) the rate at which spoil is to be deposited there in the future;

and any information as to an amount of spoil shall be given by reference to the volume of the material from which it derives in its unexcavated state.

(6) Subsections (2) and (3) (offences) of section 284 of the Act of 1971 shall have effect in relation to notices under sub-paragraph (5) above as they have effect in relation to notices under subsection (1) of that section.

5

(1) The methods to be employed in, and the timing of, the deposit of spoil on the landward side of the sea wall shall be in accordance with arrangements approved, at the request of the Concessionaires, by the county planning authority.

(2) The height of the spoil deposited on the landward side of the sea wall shall not exceed the maximum specified in those arrangements.

(3) Finishing treatment shall be applied to the surface of the spoil deposited there in accordance with those arrangements.

(4) The county planning authority shall not refuse, or impose conditions on the grant of, any approval required for the purposes of this paragraph unless they are satisfied that it is expedient to do so on the ground that the arrangements ought to be modified to preserve the amenity of the neighbourhood or the marine environment or in the interests of nature conservation and are reasonably capable of being so modified.

6

Once the tunnel system has been brought into operation, the Concessionaires shall, in accordance with a scheme agreed with the county planning authority or, in default of agreement or on notice being given by the Secretary of State to the authority and the Concessionaires, settled by him, put so much of the area on the landward side of the sea wall as consists of land reclaimed by the deposit of spoil and is not required for or in connection with the operation of the tunnel system into such a condition as the scheme may provide.

Protection of site at Holywell Coombe

7

(1) No part of Work No. 3 shall be constructed in any part of the protected site.

(2) Nothing shall be done in any part of the protected site in connection with the construction of that work except necessary drainage work and landscaping of the site.

(3) No part of that work shall be constructed, and nothing shall be done in connection with the construction of that work, anywhere else unless—

(a) the southern boundary of the protected site is fenced; or

(b) that boundary has been fenced but the fencing has been temporarily removed because it was necessary to remove it in order to carry out necessary drainage work or landscaping of the site.

(4) In this paragraph “the protected site” means the area of land at Holywell Coombe in the district of Shepway (town of Folkestone) bounded on the southern side by a straight line between National Grid reference points 622058E 138078N and 622138E 138095N, on the western and eastern sides by straight lines passing due north from each of those points to the limit of deviation of Work No. 3 and on the northern side by that limit.

Arrangements and schemes for certain authorised development

8

(1) Where the bringing into use of any building, facility or work comprised in any authorised development will result in the emission of significant levels of noise, the building, facility or work shall not be brought into use unless measures for the suppression of that noise have been taken in accordance with arrangements approved, at the request of the Concessionaires, by the district planning authority.

(2) The district planning authority shall not refuse any approval required for the purposes of sub-paragraph (1) above unless they are satisfied that it is expedient to do so on the ground that the arrangements ought to be modified to preserve the amenity of the neighbourhood and are reasonably capable of being so modified.

9

(1) The land associated with any building, facility or work comprised in any authorised development shall be landscaped in accordance with a scheme approved, at the request of the Concessionaires, by the district planning authority.

(2) No building, facility or work so comprised shall be brought into use unless—

(a) a scheme for the landscaping of the land associated with it has been so approved; and

(b) any landscaping operations required by the scheme to have been completed before the building, facility or work is brought into use have been completed in accordance with the scheme.

(3) The district planning authority shall not refuse any approval required for the purposes of this paragraph unless they are satisfied that it is expedient to do so on the ground that the scheme ought to be modified to enhance the amenity of the neighbourhood or in the interests of nature conservation or of the preservation of a site of archaeological or historic interest and is reasonably capable of being so modified.

Consultation regarding County Council development

10

None of the development to which the planning permission deemed by section 9(3) of this Act to have been granted under Part III of the Act of 1971 relates shall be begun until the County Council have consulted the district planning authority with regard to the design of the development and the landscaping and noise screening to be undertaken in connection with the development.

Certificates for construction or use of certain authorised development

11

(1) Subject to sub-paragraph (2) below, the construction of the terminal area at Cheriton, Folkestone shall cease at the end of the period of six months beginning with the day it began unless the Secretary of State has, before the end of that period, certified either—

(a) that, in his opinion, adequate facilities for and in connection with public viewing of the construction have been provided; or

(b) that, in his opinion, the Concessionaires have taken all reasonable steps to provide such facilities;

and it shall not be begun again unless the Secretary of State has certified as mentioned either in paragraph (a) above or in paragraph (b) above.

(2) If it is intended to provide facilities for or in connection with public viewing of the construction of the terminal area within that area, sub-paragraph (1) above shall not apply in relation to the construction of the terminal area so far as it consists of work in connection with the provision of the facilities.

12

The inland clearance depot to be constructed at Ashford, in Kent, shall not be brought into use until the Secretary of State has—

(a) certified either—

(i) that, in his opinion, adequate refreshment and sleeping facilities for the use of drivers of vehicles using the depot have been provided within the limits of land to be acquired for the purposes of or in connection with the depot; or

(ii) that, in his opinion, the Concessionaires have taken all reasonable steps to provide such facilities; and

(b) certified, under paragraph 20(3) of Schedule 2 to this Act, completion of the construction of Work No. 17.

13

The tunnel system shall not be brought into use until the Secretary of State has certified either—

(a) that, in his opinion, adequate facilities for and in connection with public viewing of the operation of the terminal area at Cheriton, Folkestone have been provided; or

(b) that, in his opinion, the Concessionaires have taken all reasonable steps to provide such facilities.

14

(1) The Secretary of State shall consult the county and district planning authorities before giving any certificate for the purposes of paragraph 11, 12(a) or 13 above.

(2) Where the Secretary of State gives any such certificate as is mentioned in sub-paragraph (1) above he shall give a copy of the certificate to each of the authorities whom he was required by that sub-paragraph to consult before giving it.

(3) No failure on the part of the Secretary of State to comply with his obligations under sub-paragraph (1) or (2) above shall affect the validity of any certificate given by him for the purposes of paragraph 11, 12(a) or 13 above.

Working sites: discontinuance of operations and putting into condition

15

(1) Where any authorised development consists of or includes the carrying out on any working site within the limits of land to be acquired of operations ancillary to the construction of the tunnel system—

(a) those operations shall be discontinued before the end of the relevant period; and

(b) the Concessionaires shall, in accordance with a scheme agreed with the district planning authority or, in default of agreement or on notice being given by the Secretary of State to the authority and the Concessionaires, settled by him, put the site, except any part which is required either for use for or in connection with the operation of the tunnel system or for any of the Railways Board’s works, into such a condition as the scheme may provide.

(2) The relevant period is the period of ten years beginning with the date of the passing of this Act or such longer period as the Secretary of State may specify, after consultation with the district planning authority, at any time before the end of the period of ten years or of any period previously specified by him.

16

Where any development to which any planning permission granted by virtue of section 9(4) of this Act relates consists of or includes the carrying out on any working site within the limits of land to be acquired of operations ancillary to any of the Railways Board’s works—

(a) those operations shall be discontinued before the end of the period of ten years beginning with the date of the passing of this Act; and

(b) the Railways Board shall, in accordance with a scheme agreed, in the case of a working site in a London borough, with the borough planning authority and, in the case of a working site anywhere else, by the district planning authority or, in default of agreement or on notice being given by the Secretary of State to the authority and the Railways Board, settled by him, put the site, except any part which is required for any of the Railways Board’s works, into such a condition as the scheme may provide.

Nature, the countryside and archaeological and historic sites

17

(1) Where a request is made—

(a) for an approval under paragraph 2, 3, 5 or 9 above;

(b) for an approval of detailed plans and specifications which is required for the exercise of any planning permission granted by virtue of section 9(4) of this Act;

the planning authority shall, within five days of receiving it, commence any appropriate consultation with respect to it.

(2) The authority shall not take any decision in relation to the request until either they have received any representations which the body or bodies consulted wish to make or the period of 21 days from the commencement of consultation has ended.

(3) Before a planning authority agree a scheme under paragraph 6, 15 or 16 above they shall undertake any appropriate consultation with respect to it.

(4) In this paragraph “appropriate consultation” means—

(a) where the authority consider that nature conservation or the conservation of the natural beauty and amenity of the countryside may be affected, Natural England;

(c) where they consider that a site of archaeological or historic interest may be affected, consultation with the Historic Buildings and Monuments Commission for England.

Approvals: supplementary

18

A planning authority shall not be required to entertain any request for an approval required for the purposes of any provision of this Schedule unless the Concessionaires have deposited with them both—

(a) a plan showing the Concessionaires’ current proposals regarding the layout of the authorised development; and

(b) a schedule setting out the Concessionaires’ current proposals regarding the timetable for carrying it out.

19

(1) The Secretary of State may give directions to a planning authority requiring any request by the Concessionaires for an approval required for the purposes of any provision of this Schedule to be referred to him instead of being dealt with by them.

(2) A direction under this paragraph may relate either to a particular request or to requests of a class specified in the direction.

(3) A request in respect of which such a direction has effect shall be referred to the Secretary of State accordingly.

(4) The Secretary of State may refuse or impose conditions on an approval only on the grounds open to the authority required to refer the request for it.

(5) The determination by the Secretary of State of the request shall be final.

20

The Secretary of State may give directions to a planning authority restricting the grant, either indefinitely or during such period as may be specified in the directions, of a particular approval required for the purposes of any provision of this Schedule or of approvals so required of a class specified in the directions.

21

(1) Where the Concessionaires are aggrieved by the decision of a planning authority on any request for an approval required for the purposes of any provision of this Schedule, they may by notice under this sub-paragraph appeal to the Secretary of State whose decision on the appeal shall be final.

(2) Any notice under sub-paragraph (1) above shall be in writing and be served, within 28 days of notification of the decision to which it relates, on the Secretary of State and the authority whose decision is appealed against.

(3) On an appeal under this paragraph, the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against but may make a determination involving the refusal of, or imposition of conditions on, an approval only on the grounds open to that authority.

(4) Where the authority to whom a request for approval is made fail to notify the Concessionaires of their decision on that request within—

(a) the period of two months beginning with the date on which that request was made; or

(b) such extended period as may from time to time be agreed upon in writing between the authority and the Concessionaires;

the provisions of this paragraph shall apply in relation to the request as if the authority had refused it and as if they had notified the Concessionaires of their decision on the last day of the two month period or, where an extended period has been agreed, on the last day of that extended period.

(5) No appeal under section 36 of the Act of 1971 may be made against any decision in relation to which a right of appeal arises under this paragraph.

SCHEDULE 4

PART I — THE AUTHORISED WORKS

Description of works

1

The works which the Secretary of State is authorised by section 35 of this Act to construct are the following—

Limits of deviation

2

In their construction—

(a) each of the works described in paragraph 1 above may deviate from the line or situation shown for that work on the deposited plans to the extent of the limits of deviation so shown;

(b) so much of each of Works Nos. 31 and 32 as lies between its commencement and the point at which it passes into tunnel under Round Hill may deviate from the level shown for that part of that work on the deposited sections to the extent of 1.5 metres upwards and to any extent downwards; and

(c) each of the works described in paragraph 1 above, other than the parts of Works Nos. 31 and 32 specified in sub-paragraph (b) above, may deviate from the level shown for that work or, in the case of Works Nos. 31 and 32, that part of that work on the deposited sections to the extent of 3 metres upwards and to any extent downwards.

Interpretation of Part I

3

In paragraph 1 above, “A20” means the trunk road from Folkestone to Dover so classified.

PART II — INTERFERENCE WITH HIGHWAYS

Stopping up of highways

4

(1) Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A20 improvement works, stop up each of the highways or parts thereof specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table and any other bridleways or footpaths within the limits of deviation for the works authorised by Part IV of this Act, and thereupon all rights of way over or along the highway or part thereof so stopped up shall be extinguished.

(2) The existing highways or part thereof specified in columns (1) and (2) of Part II of the following table shall not be stopped up under this paragraph until the new highway to be substituted therefor specified as aforesaid, or by reference to works authorised by Part IV of this Act, in column (3) of that Part of the table in relation to each such existing highway or part thereof has been completed in accordance with sub-paragraph (4) below.

Temporary interference with highways

5

(1) The Secretary of State may, for the purpose of constructing or maintaining the A20 improvement works, temporarily stop up, open, break up or interfere with, or alter or divert, the whole or any part of any highway within the limits of deviation for the works authorised by Part IV of this Act or the limits of land to be acquired, and may carry out and do all necessary works and things for, or in connection with, the stopping up, opening, breaking up, interference, alteration or diversion and for keeping the highway open for traffic.

(2) The Secretary of State shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on any highway affected by the exercise of the powers conferred by this paragraph.

Part III — Miscellaneous

Status of new highways

6

(1) On the date on which this Act is passed the roads mentioned in sub-paragraph (2) below shall become trunk roads and special roads for the exclusive use of traffic of Classes I and II of the classes of traffic specified in Schedule 4 to the Highways Act 1980 as if the provision by him of special roads along the route of those roads had been authorised by a scheme made by the Secretary of State under section 16 of that Act—

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Channel Tunnel Act 1987

No government grants to Railways Board in respect of international railway services

42

Application of railway regulation enactments

43

Modification of enactments relating to coast protection, safety of navigation and the powers of harbour authorities

44

Protection of interests

45

Determination of questions referred to arbitration under this Act

46

Offences by bodies corporate

47

Financial provisions

48

Interpretation

49

Short title and extent

50

SCHEDULE 1

Part I, — The Concessionaires’ Scheduled Works

Part II — The County Council’s Scheduled Works

Part III — The Railways Board’s Scheduled Works

Part IV — Supplementary

Interpretation

1

Limits of deviation

2

SCHEDULE 2

PART I — APPLICATION OF ENACTMENTS

Application of Part II of the Public Utilities Street Works Act 1950

1

Application of Railways Clauses Acts

2

PART II — REGULATION OF SCHEDULED WORKS AND SUBSIDIARY PROVISIONS

SECTION A — PROVISIONS APPLICABLE TO CONCESSIONAIRES

Use of electrical energy

3

Concessionaires’ subsidiary works

4

Use of lagoon for drainage

5

Safety of lagoon

6

SECTION B — PROVISIONS APPLICABLE TO COUNTY COUNCIL

County Council’s subsidiary works

7

SECTION C — PROVISIONS APPLICABLE TO RAILWAYS BOARD

Passenger station at Ashford

8

Passenger station at Waterloo

9

Railways at Stewart’s Lane, Wandsworth

10

Works Nos. 25A and 25B: nature consultations

11

Further works and powers

12

Temporary possession of land

13

Section D — Provisions Applicable to Concessionaires, County Council and Railways Board

Use of sewers, etc. for removing water

14

Underpinning of buildings

15

Part III — Highways, Roads, etc.

Stopping up of highways by Concessionaires, County Council and Railways Board

16

17

Construction and completion of new or substituted highways

18

19

20

Repair of highways and agreements with highway authorities

21

Temporary interference with highways

22

Power to use subsoil of highways

23

Status of certain highways constructed by the Concessionaires